024.97
NOTICE OF ADOPTION
At the Organizational Meeting of the Town Board of the Town of
Queensbury held on January 6th 1997 at 7:00 P.M. at the Town of
Queensbury, 742 Bay Road, Queensbury, New York, the following
resolution was passed:
RESOLUTION APPROVING PROPOSED EXTENSION TO THE
QUEENSBURY CONSOLIDATED WATER DISTRICT TO BE KNOWN AS THE
"BIG BAY ROAD/BIG BOOM ROAD EXTENSION #1"
RESOLUTION NO.: 24, 1997
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
WHEREAS, the Town Board of the Town of Queensbury is desirous
of establishing an extension to the Queensbury Consolidated Water
District, to be known as the Big Bay Road/Big Boom Road Extension
#1, and
WHEREAS, a map, plan and report have been prepared on behalf
of Joseph and Debra Gross (the Developers) by VanDusen & Steves and
Haanen Engineering regarding the said extension of the existing
Queensbury Consolidated Water District, such extension to serve an
area adjacent to, in and around that area of the Town of Queensbury
along the southerly end of Big Bay Road consisting of 31.53 acres
and including a subdivision known as the Gross Subdivision, as more
specifically set forth in the said map, plan and report, and
WHEREAS, the map, plan and report have been filed in the Town
Clerk's Office and are available for public inspection, and
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WHEREAS, said map, plan and report show the boundaries of the
proposed extension of the Queensbury Consolidated Water District, a
general plan of the water system, and a report of the proposed
water system and method of operation, and
WHEREAS, the map shows the water distribution mains, gate
valves and hydrants, together with the location and a general
description of all related or appropriate public works existing or
required, and
WHEREAS, the Town Board of the Town of Queensbury desires to
establish the said proposed Water District Extension pursuant to
Town Law Article 12A and consolidate the same with the Queensbury
Consolidated Water District, pursuant to §206-a of the Town Law of
the State of New York, and
WHEREAS, a public hearing concerning the establishment of the
District Extension was duly held on December 2, 1996 at which time
all persons interested were afforded an opportunity to be heard,
and
WHEREAS, the said Town Board has considered the establishment
of said extension in accordance with the provisions of the State
Environmental Quality Review Act and has adopted a negative
declaration concerning environmental impacts,
NOW, THEREFORE, BE IT
RESOLVED, that it is the determination of the Town Board of
the Town of Queensbury that:
1. notice of said public hearing was published and posted
as required by law and is otherwise sufficient;
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2. it is in the public interest to establish, authorize,
and approve the Big Bay Road/Big Boom Road Extension #1 to the
existing Queensbury Consolidated Water District as the same has
been described in the map, plan and report on file with the Town
Clerk of the Town of Queensbury and as more specifically described
herein;
3. all property and property owners within said extension
are benefitted thereby;
4. all property and property owners benefitted are included
within the limits of said extension;
5. pursuant to §206-a of the Town Law of the State of New
York, it is in the public interest to assess all expenses of the
district, including all extensions heretofore or hereafter
established as a charge against the entire area of the district as
extended and it is in the public interest to extend the district
only if all expenses of the district shall be assessed against the
entire district as extended, and
BE IT FURTHER,
RESOLVED, that:
1. The Big Bay Road/Big Boom Road Extension #1 to the
Queensbury Consolidated Water District be and the same is hereby
authorized, approved and established in accordance with the
boundaries and descriptions set forth herein and in the previously
described map, plan and report, and construction of the improvement
may proceed and service provided and subject to the following;
a. the obtaining of any necessary permits or approvals from
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the New York State Department of Health;
b. the obtaining of any necessary permits or approvals from
the New York State Department of Environmental
Conservation;
c. a permissive referendum in the manner provided in
Article 7 of the Town Law of the State of New York;
d. the adoption of a final Order by the Town Board of the
Town of Queensbury;
2. The boundaries of the Big Bay Road/Big Boom Road
Extension to the Queensbury Consolidated Water District are as
follows:
All that certain piece or parcel of land situate,
lying and being in the Town of Queensbury, County of
Warren and the State of New York, more particularly
BEGINNING
bounded and described as follows: at a point
in the easterly bounds of Big Bay Road in the westerly
bounds of Interstate Route #87 at the existing southerly
bounds of said Big Bay - Big Boom Water District;
running thence southerly along said Interstate Route #87
and Big Bay Road, a distance of 80.00 feet more or less
to a concrete monument found in the ground for a corner;
thence continuing along said Interstate Route #87 South
14 degrees, 44 minutes and 20 seconds West, a distance
of 346.53 feet to a concrete monument found in the
ground for a corner; thence running South 66 degrees, 27
minutes and 35 seconds West, a distance of 58.28 feet to
the northeast corner of Lot 4 Gross Subdivision; thence
running South 23 degrees, 07 minutes and 21 seconds West
along the easterly bounds of said Lot 4, a distance of
312.19 feet; thence running South 69 degrees, 56 minutes
and 28 seconds West along the southerly bounds of Lots
4, 3, 2, & 1, a distance of 812.00 feet more or less to
the shore of the Hudson River; thence running northerly
along said Hudson River as it winds and turns, a
distance of 239.00 feet more or less; thence running
North 71 degrees, 06 minutes and 40 seconds East
crossing Palmer Drive and continuing along the northerly
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bounds thereof at the angle point thereof, a total
distance of 148.00 feet more or less; thence running
North 65 degrees, 01 minutes and 45 seconds East still
along the northerly bounds of said Palmer Drive, a
distance of 142.00 feet to an iron pipe found in the
ground for a corner; thence running northerly along the
rear of lots abutting Palmer Drive the following
seventeen courses and distances:
(1) North 22 degrees, 29 minutes and 37 seconds West, a
distance of 88.22 feet;
(2) North 22 degrees, 46 minutes and 59 seconds West, a
distance of 49.87 feet;
(3) North 23 degrees, 04 minutes and 14 seconds West, a
distance of 100.33 feet;
(4) North 22 degrees, 07 minutes and 27 seconds West, a
distance of 49.58 feet;
(5) North 23 degrees, 20 minutes and 17 seconds West, a
distance of 100.43 feet;
(6) North 20 degrees, 47 minutes and 07 seconds West, a
distance of 74.95 feet;
(7) North 24 degrees, 13 minutes and 30 seconds West, a
distance o 125.17 feet;
(8) North 15 degrees, 17 minutes and 50 seconds West, a
distance of 186.65 feet;
(9) North 03 degrees, 26 minutes and 17 seconds East, a
distance of 98.32 feet;
(10) North 02 degrees, 16 minutes and 18 seconds East, a
distance of 101.14 feet;
(11) North 11 degrees, 10 minutes and 09 seconds East, a
distance of 101.06 feet;
(12) North 16 degrees, 31 minutes and 58 seconds East, a
distance of 99.43 feet;
(13) North 19 degrees, 14 minutes and 36 seconds East, a
distance of 41.96 feet;
(14) North 08 degrees, 47 minutes and 43 seconds East, a
distance of 202.50 feet;
(15) North 13 degrees, 48 minutes and 32 seconds East, a
distance of 198.25 feet;
(16) North 13 degrees, 48 minutes and 14 seconds East, a
distance of 100.04 feet;
(17) North 20 degrees, 59 minutes and 52 seconds East, a
distance of 76.79 feet to the existing Big Bay - Big
Boom Water District; thence running southeasterly along
the southerly bounds thereof the following six courses
and distances:
(1) South 53 degrees, 44 minutes and 40 seconds East, a
distance of 458.72 feet;
(2) South 29 degrees, 18 minutes and 40 seconds East, a
distance of 79.77 feet;
(3) South 29 degrees, 20 minutes and 31 seconds East, a
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distance of 189.86 feet;
(4) South 29 degrees, 23 minutes and 39 second East, a
distance of 444.56 feet;
(5) South 36 degrees, 35 minutes and 15 seconds East, a
distance of 225.28 feet;
(6) Northeasterly crossing said Big Bay Road 100.00
feet more or less to the point and place of beginning,
containing 31.53 acres of land, to be the same more or
less.
Bearings given in the above description refer to
magnetic North.
3. The improvements to be constructed by the Developer and
included and made a part of the extension shall consist of the
purchase and installation of water distribution mains, hydrants and
gate valves and such other facilities as more specifically set
forth in the aforesaid map, plan and report prepared by VanDusen &
Steves and Haanen Engineering and the costs shall also include a
proportionate share of the cost of the Water Treatment Plant, mains
and other facilities of the existing Queensbury Consolidated Water
District;
4. All proposed water mains and appurtenances shall be
installed in full accordance with the Town of Queensbury
specifications and ordinances and in accordance with approved plans
and specifications and under competent engineering supervision and
thereafter all water mains and improvements shall be turned over to
the Town of Queensbury without charge;
5. The maximum amount proposed to be expended for said
improvement is estimated to be $30,000, said amount to be paid by
the Developer;
6. There will be no financing of the proposed Water
District Extension improvements by the proposed District, the Town
of Queensbury, or the Queensbury Consolidated Water District, the
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Developer will contribute towards existing facilities, and parcels
in the proposed District will contribute to the Consolidated Water
District as herein set forth;
7. In accordance with §206(A) of the Town Law of the State
of New York, all of the expenses of the Queensbury Consolidated
Water District, including all extensions heretofore or hereafter
established, shall be a charge against the entire area of the
district as extended;
8. Expenses occasioned after the creation of the extension
shall be assessed, levied, and/or collected from the several lots
and parcels of land within the extension on the same basis as the
assessments, levies, and/or collections are made in the Queensbury
Consolidated Water District and such assessments shall be made on
an ad valorem basis and user charge basis (water meter charges);
9. The map, plan and report describing the improvements are
on file with the Town Clerk of the Town of Queensbury and available
for public inspection;
and
BE IT FURTHER,
RESOLVED, that this resolution is subject to a permissive
referendum in the manner provided in the provisions of Article 7
and Article 12-A of the Town Law of the State of New York and the
Town Clerk is hereby authorized and directed to file, post, and
publish such notice of this Resolution as may be required by law.
Duly adopted this 6th day of January, 1997, by the following
vote:
AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne
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NOES : None
ABSENT: Mrs. Pulver
I, Darleen M. Dougher, Town Clerk of the Town of Queensbury, Warren
County, New York do hereby certify that I have compared the
foregoing with the original resolution as listed above adopted at
the Organizational Meeting of the Town Board of the Town of
Queensbury held on the 6th day of January, 1997 at which a quorum
was present and that the same is a correct transcript therefrom and
of the whole original thereof to date.
IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said
Town of Queensbury, this 8th day of January 1997.
S E A L SIGNED:__________________________
Darleen M. Dougher
Town Clerk
Town of Queensbury
DATED: Janaury 13, 1997
DARLEEN M. DOUGHER
TOWN CLERK
TOWN OF QUEENSBURY
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