324.2009
RESOLUTION APPROVING SOUTH QUEENSBURY – QUEENSBURY
AVENUE SEWER DISTRICT EXTENSION NO. 1 – NAT HILL PROPERTIES –
SPORTLINE POWER PRODUCTS BUILDING ADDITION
RESOLUTION NO. 324, 2009
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, the Queensbury Town Board wishes to establish an extension to the South
Queensbury – Queensbury Avenue Sewer District to be known as the South Queensbury –
Queensbury Avenue Extension No. 1 – Nat Hill Properties – Sportline Power Products Building
Addition, and
WHEREAS, a Map, Plan and Report has been prepared by Thomas W. Nace, P.C., Nace
Engineering, PC, engineers licensed by the State of New York, regarding the proposed Sewer District
Extension to serve the Nat Hill Properties - existing Sportline Power Products commercial building and
new building addition located on approximately 4.09 acres (2.04 acres to be added to the District and
2.05 acres currently in the District) of land on the east side of East Quaker Service Road (Tax Map
Parcel No’s: 303.15-1-19 and 303.15-1-20) as more specifically set forth and described in the Map,
Plan and Report, and
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WHEREAS, on September 14, 2009 subsequent to the filing and acceptance of the Map, Plan
and Report with the Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”)
reciting (a) the boundaries of the proposed Sewer District Extension; (b) the proposed improvements;
(c) the fact that all costs of the improvements will be paid for by the Developer and not the Town of
Queensbury; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District
Extension 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 Extension; (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, there is no estimated annual cost for a typical one or two-family home since (1)
there are no one or two-family homes currently located in the proposed District Extension, and (2) the
only property located within the proposed District Extension is zoned commercial and currently will be
developed as commercial (i.e., a building addition for the Sportline Power Products building), not
residential, and
WHEREAS, a public hearing on the proposed Sewer District Extension was duly held on
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Monday, October 19, 2009 and the Town Board has considered the evidence given together with
other information, 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, and
WHEREAS, the Town Board wishes to establish the proposed Sewer District Extension as
detailed in the Map, Plan and Report in accordance with Town Law, Article 12-A and consolidate the
Extension with the Central Queensbury Quaker Road Sewer District in accordance with Town Law
§206-a,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that:
1.Notice of Public Hearing was published and posted as required by law and is otherwise
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sufficient;
2.All property and property owners within the District Extension are benefited;
3.All property and property owners benefited are included within the limits of the District
Extension;
4.It is in the public interest to establish, authorize, and approve the South Queensbury –
Queensbury Avenue Sewer District Extension No. 1 – Nat Hill Properties – Sportline Power Products
Building Addition to the existing South Queensbury – Queensbury Avenue Sewer District as described
in the Map, Plan and Report on file with the Queensbury Town Clerk;
5.In accordance with New York State Town Law §206-a, 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
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves, authorizes and establishes the South
Queensbury – Queensbury Avenue Sewer District Extension No.: 1 – Nat Hill Properties – Sportline
Power Products Building Addition in accordance with the boundaries and descriptions set forth 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;
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3.Permissive referendum in the manner provided in New York State Town Law Article
7; and
4.The adoption of a Final Order by the Queensbury Town Board;
and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to permissive referendum in the manner provided
by the provisions of New York State Town Law Articles 7 and 12A 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, and if no such petition is
filed within 30 days, to file a certificate to that effect in the Office of the County Clerk.
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Duly adopted this 19 day of October, 2009, by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: None
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