266.99
RESOLUTION APPROVING EXTENSION NO. 5 TO CENTRAL
QUEENSBURY QUAKER ROAD SEWER DISTRICT
RESOLUTION NO. 266, 1999
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Richard Merrill
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. 5, and
WHEREAS, Everest Enterprises, LLC (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 Haanen Jenkin & Hutchins, LLC,
engineers licensed by the State of New York, regarding the proposed extension to the existing Central
Queensbury Quaker Road Sewer District to serve the Ponderosa Restaurant and an 80 unit Sleep Inn
Hotel to be constructed by the Developer located along Route 9 just north of the Ponderosa
Restaurant, Queensbury, such area consisting of parcels bearing Tax Map No.’s: 71-2-2 and 71-2-14.2
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
nd
WHEREAS, on August 2, 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
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WHEREAS, a public hearing on the proposed Sewer District was duly held on August 16,
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 in accordance with Town Law, Article 12A,
and 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
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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 benefited;
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. 5 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 in the Town of Queensbury, Warren County, New
York, lying along the easterly side of NYS Route 9 and southerly of Sweet Road and being
further bounded and described as follows:
Beginning at a point in the easterly line of NYS Route 9 at the division line of lands N/F of
V.W. Weeks (occupied by Gambles Bakery) to the north and lands of D&C Management
Associates, Inc. to the south and runs thence along said division line S87°-36’’-30”E 234.86’
to a point in the easterly line of the aforesaid V.W. Weeks, thence along said easterly line
N06°-58’-30”W 100.0’ to a point in the southerly line of Sweet Road; thence along said
southerly line S87°-36’-30”E 75.70’ to a point in the westerly line of lands N/F of George and
Donald Weeks; thence along said westerly line S06°-51’-00”E 200.0’ to a point in the
southerly line of the aforesaid George and Donald Weeks; thence along said southerly line
S87°-36’-30”E 208.0’ to a point in the westerly line of Montray Road; thence along said
westerly and northerly lines of Montray Road the following five courses S06°-51’-00”E
153.80’ to a point; thence S06°-08’-30”E 305.43’ to a point of curvature; thence on a curve to
the right of radius 204.90’, a distance of 156.70’ to a point of compound curvature; thence
continuing on a curve to the right of radius 315.0’ a distance of 321.94’ to a point of tangency
and N83°-46’-00”W 84.70’ of D’Angelo; thence along said easterly and northerly line of said
D’Angelo the following two courses N06°-14’-00”E 250.0’ to a point and N83°-46’-00”W
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217.80’ to a point in the easterly line of NYS Route 9; thence along said easterly line the
following three courses N08°-22’-10”E 176.10’ to a point; thence N01°-13’-00”E 266.58’ to a
point and N06°-20’-30”W 123.93’ to the point or place of beginning, containing 8.85± acres of
land.
ALL THAT TRACT, PIECE OR PARCEL OF LAND, situate in the Town of Queensbury,
Warren County, New York, lying along the easterly side of NYS Route No. 9, southerly of
Sweet Road and being further bounded and described as follows:
Beginning at a point in the easterly line of NYS Route No. 9 at the division line of lands N/F of
V.W. Weeks (occupied by “Gambles Bakery”) to the north and lands of D&C Management to
the south, and runs thence easterly along said division line S87°-36’-30”E, 234.86’ to a point in
the easterly line of the aforesaid V.W. Weeks; thence along said easterly line N06°-58’-30”W,
100.0’ to point in the southerly line of Sweet Road; thence along said southerly line S87°-36’-
30”E, 75.70’ to a point in the westerly line of lands N/F George Weeks and Donald Weeks;
thence along said westerly line S-06°-51’-00”E, 200.0’ to a point of intersection of the
southerly line of the aforementioned George Weeks and Donald Weeks; thence continuing
southerly through lands of D&C Management S06°-51’-00”E, 285.0’ to a point in the
northerly line of the Ponderosa Restaurant; thence along said northerly line N83°-46’-00”W,
349.34’ to a point in the easterly line of NYS Route No. 9; thence along said easterly line the
following two courses N01°-13’-00”E, 234.19’ to a point and N06°-20’-30”W, 123.93’ to the
point or place of beginning, containing 2.90± acres of land.
The above described parcel is subject to two easements along the southerly line of the above
described parcel.
Easement Along Southerly Line of Lot No. 1
Beginning at a point in the easterly line of NYS Route No. 9 where it is intersected by the
northerly line of the Ponderosa Restaurant parcel and runs thence along the easterly line of
NYS Route No. 9 N01°-13’-00”E, 15.06’ to a point; thence easterly and southerly through
lands previously described (2.90± acres), S83°-46’-00”E, 347.17’ to a point and S06°-51’-
00”E, 15.40’ to a point in the northerly line of the Ponderosa Restaurant parcel; thence along
said northerly line N83°-46’-00”W, 349.34’ to the point or place of beginning. Being a 15’
wide easement entirely within Lot #1 Parcel.
A 30 x 30 Easement to the Town of Queensbury
Beginning at a point in the easterly line of NYS Route No. 9, said point being distant the
following two courses from the division line of lands N/F of V.W. Weeks to the north
(occupied by “Gambles Bakery”) and lands of D&C Management to the south S06°-20’-30”E,
123.93’ to a point and S01°-13’-00”W, 211.66’ to the point of beginning and runs thence the
following three (3) courses through lands of the aforesaid Kapoor S83°-46’-00”E, 30.0’ to a
point; thence S01°-13’-00”W, 30.12’ to a point; thence N83°-46’-00”W to a point in the
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easterly line of NYS Route No. 9, thence along said easterly line N01°-13’-00”E, 30.12’ to the
point or place of beginning, containing 0.026± 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;
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves, authorizes and establishes the Central
Queensbury Quaker Road Sewer District Extension No.: 5 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
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 New York State Town Law Article 7; and
4.The adoption of a Final Order by the Town Board of the Town of Queensbury;
and
BE IT FURTHER,
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RESOLVED, that the Town Board of the Town of Queensbury hereby approves and
authorizes an Agreement substantially in the form presented at this meeting and in form acceptable to
Town Counsel between Everest Enterprises, LLC and the Town of Queensbury on behalf of the
Central Queensbury Quaker Road Sewer District and authorizes and directs the Town Supervisor to
execute the Agreement and take such other and further action necessary to effectuate the terms of this
Resolution, and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in the manner provided
by the provisions of New York State Town Law Articles 7 and 12-A and the Town Board authorizes
and directs the Queensbury Town Clerk 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.
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Duly adopted this 16 day of August, 1999, by the following vote:
AYES : Mr. Turner, Mr. Tucker, Mr. Merrill, Mr. Champagne
NOES : None
ABSENT: Mr. Irish
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