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100.99 RESOLUTION APPROVING EXTENSION NO. 4 TO THE CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT RESOLUTION NO. 100, 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury wishes to establish an extension to the Central Queensbury Quaker Road Sewer District to be known as the Central Queensbury Quaker Road Sewer District Extension No. 4, and WHEREAS, Stewart’s Shops (the “Developer”) has agreed to make all necessary improvements and pay all the costs of such extension, and WHEREAS, based on the recommendation of the Town of Queensbury’s Director of Wastewater, the Town Board has requested that the Developer install excess capacity as part of the improvements to accommodate future growth in the area, where the cost of such excess capacity in the amount of $10,000 will be paid by the Town’s General Fund, to be reimbursed when later development occurs, and WHEREAS, a Map, Plan and Report has been prepared by Lawrence H. Rutland, Jr., P.E., an Engineer licensed by the State of New York, regarding the proposed extension to the existing Central Queensbury Quaker Road Sewer District to serve a Stewart’s Shop to be located at the corner of Bay and Cronin Roads in the Town of Queensbury, such area consisting of a parcel bearing Tax Map No.: 60-2-11.1 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 th WHEREAS, on March 15, 1999, 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; (h) that all the expenses of the district, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the district as extended; 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 th WHEREAS, a public hearing on the proposed Sewer District was duly held on April 5, 1999 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board of the Town of Queensbury wishes to establish the proposed Sewer Extension as detailed in the Map, Plan and Report pursuant to Town Law, Article 12A, and 2 consolidate the Extension with the Central Queensbury Quaker Road Sewer District in accordance with Town Law §206-a, and WHEREAS, the 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, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that: 1.The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2.All property and property owners within the extension are benefitted thereby; 3.All property and property owners benefited are included within the limits of the extension; 4.It is in the public interest to establish, authorize, and approve the Central Queensbury Quaker Road Sewer District Extension No. 4 to the existing Central Queensbury Quaker Road Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk as more specifically described as follows: All that piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and State of New York being bounded and described as follows: Beginning at a point marked by an iron pin at the intersection of the east bounds of Bay Road (Warren County Route 7) with the north bounds of Cronin Road, said point being the southwesterly corner of lands of the grantors herein, Roger and Barbara Brassel, and the southwesterly corner of the parcel herein described; running thence along said east bounds of Bay Road the following three courses: N 04° 43’ 50” E 74.17’ to an iron pin; S 81° 24’ 10” E 10.00’ to a capped iron pin; 3 N 06° 12’ 40” E 120.10’ to a capped iron pin set; thence leaving said bounds of Bay Road and running through lands of Brassel S 84° 06’ 28” E 284.03’ to a capped iron pin set on the west bounds of lands of JBJ Queensbury, LLC; running thence along said west bounds of lands of JBJ Queensbury, Inc. S 05° 53’ 33” W 207.42’ to a capped iron pin set on the aforementioned north bounds of Cronin Road; running thence along said north bounds of Cronin Road N 81° 26’ 40” W 293.50’ to the point and place of beginning. Containing 1.327 acres of land. 5. In accordance with §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; § 6. In accordance with 192-a of Town Law, the Town Board hereby authorizes its General Fund to reimburse the Developer the amount of $10,000 as the estimated additional cost to the Developer to install a sewer line that will meet not only the Developer’s needs, but will also meet the needs caused by future growth along the Bay Road corridor. The General Fund shall reimburse the Developer such amount when the portion of the sewer line designated for future use is put into operation and the project is completed satisfactorily to the Town; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Central Queensbury Quaker Road Sewer District Extension No. 4 in accordance with the boundaries and descriptions set forth herein and in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided subject to the following; 1.The obtaining of any necessary permits or approvals from the New York State Department of 4 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 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 and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a supply to any person requesting such petition. th Duly adopted this 5 day of April, 1999, by the following vote: AYES : Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES : None ABSENT: None 5