148.98
RESOLUTION APPROVING THE ESTABLISHMENT OF THE
EXTENSIONS TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT
FOR THE SURREY FIELDS SUBDIVISION EXTENSION AND
THE THUNDERBIRD DRIVE EXTENSION
RESOLUTION NO. 148, 98
INTRODUCED BY: Mr. Pliney Tucker
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Douglas Irish
WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing two (2)
extensions to the Queensbury Consolidated Water District, to be known as the Surrey Fields
Subdivision Extension and Thunderbird Drive Extension, and
WHEREAS, the Michaels Group is the project developer requesting to extend the water
district to these two areas, and
WHEREAS, a map, plan and report has been prepared regarding the extensions of the existing
Queensbury Consolidated Water District, the Surrey Fields Subdivision Extension to serve an area in
the westerly area of the Town of Queensbury in the vicinity of the Surrey Fields Subdivision located on
the west side of Bay Road, north of Cedar Court and south of Tee Hill Road in the Town of
Queensbury and the Thunderbird Drive Extension to serve an area in the western portion of the Town
of Queensbury, west of West Mountain Road and south of Butler Pond Road, as more specifically set
forth in the said map, plan and report and described therein, and
WHEREAS, the map, plan and report has been filed in the Town Clerk's Office in the Town of
Queensbury and is available for public inspection, and
WHEREAS, the map, plan and report was prepared by Nace Engineering, Thomas W. Nace,
P.E., Consulting Engineer, 37 Chester Street, Glens Falls, New York 12801, an Engineer licensed by
the State of New York, and
WHEREAS, on March 23, 1998, subsequent to the filing of the Plan with the Town Clerk, the
Town Board adopted an Order (the “Public Hearing Order”) reciting (a) the boundaries of the
proposed Water District; (b) the proposed improvements; (c) the maximum amount proposed to be
expended for the improvement; (d) the estimated cost of hook-up fees (if any) and the cost of the
Water District to the typical property and the typical one or two family home (if not the typical
property); (e) the proposed method of financing to be employed; (f) the fact that a map, plan and report
describing the improvement is on file in the Town Clerk’s Office; and (g) the time and place of a public
hearing on the proposed Water District; and
WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed
with the Office of the State Comptroller, all as required by law; and
WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how
the estimated cost of hook-up fees (if any) and the cost of the Water District to the typical property and
typical one or two family home (if not the typical property) were computed was filed with the Town
Clerk for public inspection, and
WHEREAS, a public hearing on the proposed Water District was duly held on April 20th,
1998 and the Town Board has considered the evidence given together with other information, and
WHEREAS, the Town Board of the Town of Queensbury desires to establish the said
proposed water extensions pursuant to Town Law, Article 12A, and consolidate the same with the
Queensbury Consolidated Water District pursuant to Town Law §206A, and
WHEREAS, the said Town Board has considered the establishment of said extensions in
accordance with the provisions of the State Environmental Quality Review Act and has adopted a
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negative declaration concerning environmental impacts, and
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;
2. it is in the public interest to establish, authorize, and approve the Surrey Field Water
District Extension and the Thunderbird Drive Extension 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 extensions are benefitted thereby;
4. all property and property owners benefitted are included within the limits of said
extensions;
5. pursuant to §206a 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: the Surrey Fields Subdivision Extension and Thunderbird Drive Extension
of the Queensbury Consolidated Water District be and the same are hereby authorized, approved and
established in accordance with the boundaries and descriptions set forth herein and in the previously
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described map, plan and report, and construction of the improvements may proceed and service
provided and subject to the following;
1. the obtaining of any necessary permits or approvals from the New York State
Department of Health;
2. the obtaining of any necessary permits or approvals from the New York State
Department of Environmental Conservation;
3. a permissive referendum in the manner provided in Article 7 of the Town Law of the
State of New York;
4. the adoption of a final Order by the Town Board of the Town of Queensbury;
5. the execution of an agreement concerning the extension in form acceptable to Town
Counsel;
and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in the manner provided
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.
th
Duly adopted this 20 day of April, 1998, by the following vote:
AYES : Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne
NOES : None
ABSENT: None
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