256.98
RESOLUTION APPROVING QUEENSBURY TECHNICAL PARK SEWER DISTRICT
EXTENSION NO. 2
RESOLUTION NO. 256. 98
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Richard Merrill
WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an
extension to the Queensbury Technical Park Sewer District to be known as the Technical Park Sewer
District Extension No. 2, and
WHEREAS, Amerada Hess Corporation (the “Developer”) has agreed to make all necessary
improvements and pay all the costs of such extension, and
WHEREAS, a Map, Plan and Report has been prepared by James E. Mitchell, P.E., of The
Environmental Design Partnership, LLP (EDP), an Engineer licensed by the State of New York, 900
Route 146, Clifton Park, New York 12065, regarding the proposed extension to the existing
Queensbury Technical Park Sewer District to serve an area located along the north side of Dix Avenue,
opposite the K-Mart property, just west of the intersection with Quaker Road in the Town of
Queensbury such area consisting of those parcels or lots being identified as Tax Map No.’s: 110-1-2.7
and 110-1-1.25 as more specifically set forth and described in the Map, Plan and Report, and
WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office
and is available for public inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed sewer
district extension, a general plan of the proposed sewer system., a report of the proposed sewer system
and method of operation, and
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WHEREAS, on June 15, 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 Sewer 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
Sewer 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 Sewer 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 Sewer 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
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WHEREAS, a public hearing on the proposed Sewer District was duly held on July 6, 1998
and the Town Board has considered the evidence given together with other information, and
WHEREAS, at such public hearing the Developer’s engineers reported that the route of the
sewer line must be relocated to the south side of Dix Avenue due to a conflict with the existing Town
water main, and
WHEREAS, such relocation of the sewer line route will result in increased costs to hook-up
the parcel identified in such Map, Plan and Report as tax map number 110-1-1.25, and
WHEREAS, due to such increased costs the owner of such parcel no longer wishes to be part
of the proposed extension, as shown by the letter of Mr. Boychuck dated July 6th, 1998, which was
delivered to the Town Board at the public hearing, and
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WHEREAS, the Developer has recommended changes to the Map, Plan and Report to take into
account the new information presented at the public hearing and proposes that the Town Board accept the
revised Map, Plan and Report, which revised Map, Plan and Report is attached to this Resolution, and
WHEREAS, such changes are merely to delete the parcel having tax map number 110-1-1.25
from the proposed extension of the Queensbury Technical Park Sewer District (which requires a
corrected property description) and to correct the route of the sewer line, and
WHEREAS, the Town Board of the Town of Queensbury desires to establish the proposed
Sewer Extension, as detailed in the revised Map, Plan and Report, pursuant to Town Law, Article
12A, and consolidate the same with the Queensbury Technical Park Sewer District pursuant to Town
Law §206A, and
WHEREAS, the said Town Board has considered the establishment of the Sewer District
Extension in accordance with the provisions of the State Environmental Quality Review Act and has
adopted a 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 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 Technical Park Sewer District
Extension No. 2 to the existing Queensbury Technical Park Sewer District as it has been described
in the Map, Plan and Report on file with the Town Clerk of the Town of Queensbury as amended
by the Town Board at the public hearing to include the parcel having tax map number 110-1-2.7,
and as more specifically described as follows:
ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND SITUATE in the
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Town of Queensbury, County of Warren, State of New York lying at the intersection
of the northerly line of Dix Avenue, County Road No. 42 and the southwesterly line of
Quaker Road, County Road No. 70, N.Y.S. Route 254-Scenic Highway and being
further bounded and described as follows:
Beginning at a point marked with a concrete monument set at the point of intersection
on the northerly line of Dix Avenue, County Road No. 42 with the common division
line of lands now or formerly of Michael Mango and George S. Khachadourian as
conveyed in Book 905 of Deeds at Page 84 to the west and the parcel herein being
described to the east; thence from said point of beginning along said common division
line, North 24 deg. 53 min. 20 sec. East, 50.00 feet to a point being the most southerly
corner of other lands nor or formerly of George S. Khachadourian and Michael Mango
as conveyed in Book 929 of Deeds at Page 25, said point located North 83 deg. 20
min. West, 0.3 feet from a bent capped iron rod found; thence along the common
division line of said lands of George S. Khachadourian and Michael Mango as
conveyed in Book 929 of Deeds at Page 25 to the northwest and the parcel of land
herein being described to the southeast, North 48 deg. 20 min. 50 sec. East, 303.51
feet to a point in the southwest line of Quaker Road, County Road No. 70, N.Y.S.
Route 254-Scenic highway, said point located North 37 deg. 20 min. West, 0.3 feet
from a capped iron rod found; thence along said southwest line and the west line of
Quaker Road the following three (3) courses and distances:
1) South 32 deg. 13 min. 30 sec. East, 151.35 feet to a point, said point located
North 37 deg. 55 min. West, 1.0 feet from a concrete monument found 1.1 feet
below the ground;
2) South 28 deg. 38 min. 10 sec. East, 396.00 feet to a point marked with a
masonry nail set in asphalt pavement;
3) South 61 min. 21 min. 50 sec. West, 12.00 feet to a point marked with a
masonry nail set in pavement at the point of intersection of the west line of
Quaker Road and the northerly line of Dix Avenue; thence along said northerly
line of Dix Avenue the following two (2) courses and distances:
1) North 65 deg. 15 min. 10 sec. West, 477.17 feet to a point;
2) North 65 deg. 06 min. 40 sec. West, 82.04 feet to the point or place
of beginning of said parcel containing 2.295 ??? acres or
99,986 ??? square feet of land.
Said parcel made subject to any and all enforceable covenants, conditions, easements and
restrictions of record as they may appear.
3. All property and property owners within the extension are benefitted thereby;
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4. All property and property owners benefitted are included within the limits of the extension;
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 Technical Park Sewer District Extension No. 2 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, as amended by the Town Board at the public hearing 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
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BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in the manner provided
by 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.
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Duly adopted this 6 day of July, 1998, by the following vote:
AYES : Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne
NOES : None
ABSENT:Mr. Irish
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