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WATER\Approve Water District Extension—Mountain Terrace Estates—2-8-2021
RESOLUTION APPROVING EXTENSION TO QUEENSBURY
CONSOLIDATED WATER DISTRICT TO SERVE A PORTION
OF MOUNTAIN TERRACE ESTATES SUBDIVISION AND
AN OUT-OF-DISTRICT PARCEL
RESOLUTION NO. ,2021
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated
Water District (the "Water District") in accordance with New York Town Law Article 12-A to
serve four lots of the proposed six-lot Mountain Terrace Estates Subdivision (the "Subdivision")
and a separate parcel currently receiving Town water under an "Out-of-District Contract" (the
"Parcel'), all located on Luzerne Road (the"District Extension"), and
WHEREAS, The Environmental Design Partnership, LLP (EDP) prepared a Map, Plan
and Report (Map, Plan and Report) concerning the proposed District Extension to connect the
Subdivision to either the existing 16" Water District water main that runs along Luzerne Road or
the existing 6" main in Twin Mountain Drive, all as more specifically set forth and described in
the Map, Plan and Report, and
WHEREAS, the Map, Plan and Report was 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 District
Extension, a general plan of the proposed system, a report of the proposed method of operation,
the source of water supply and mode of constructing any proposed District Extension
improvements, and
A
WHEREAS, the Town Board wishes to establish the proposed District Extension as
detailed in the Map,Plan and Report in accordance with Town Law Article 12-A,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby determines that:
1. The Order scheduling the Public Hearing was published and posted as required by
law and is otherwise sufficient;
2. All property and property owners within the proposed District Extension are
benefited thereby;
3. All property and property owners benefited are included within the limits of the
proposed District Extension; and
4. It is in the public interest to establish, authorize, and approve the proposed District
Extension as described in the Map, Plan and Report on file with the Queensbury
Town Clerk with the boundaries and benefited areas of the proposed District
Extension to be as described in and shown on the map of the proposed District
Extension attached to the Map, Plan and Report; and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves, authorizes and establishes the
Extension to the Queensbury Consolidated Water District to serve a portion of Mountain Terrace
Estates Subdivision and a separate parcel currently receiving Town water under an"Out-of-District
Contract" all located on Luzerne Road in accordance with the boundaries and descriptions set forth
in the Map, Plan and Report, and construction of the improvements may proceed and service may
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be 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. The obtaining of any required approval(s) of the New York State Comptroller's
Office;
4. Permissive referendum in the manner provided in New York State Town Law
Article 7; and
5. 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 accordance with the
provisions of New York State Town Law Articles 7 and 12-A and shall not take effect until such time as
provided therein, 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 to 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 and with the State.Department of Audit and Control.
Duly adopted this 8"'day of February,2021,by the following vote:
AYES
NOES
ABSENT:
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d
3 Town of Queensbury
Community Development Office
742 Bay Road, Queensbury, NY 12804
Town of Queensbury Planning Board
RESOLUTION Acknowledge Lead Agency Status In Connection With
SUBDIVISION PRELIMINARY STAGE 19-2020 JP GROSS PROPERTIES, LLC
Tax Map ID: 307.-1-22/Address: 748 Luzerne Road/Zoning: MDR/LC 1 OA/RR5A
WHEREAS, the applicant proposes a six lot residential subdivision. The project includes shared driveways —
Lots 2 & 3 and Lots 4 & 5. Lot 1 is a corner lot with access to Twin Mountain Drive and Lot 6 will have access
on Tuthill Road. Lot sizes: Lot 6—33.44 acres and includes a small section across from Luzerne Road; Lot 5 —
3.06 acres; Lot 4 — 2.80 acres; Lot 3 —2.0 acres; Lot 2 — 5.01 acres; Lot 1 =- 2.0 acres. Project is subject to
water district extension triggering coordinated SEQR review. Project will require stormwater management and
is a Class B subdivision for APA. Pursuant to Chapter 183 of the Zoning Ordinance, subdivision of land shall
be subject to Planning Board accept lead agency and review SEQR.
WHEREAS, the Planning Board of the Town of Queensbury has determined to begin an environmental review
process under the State Environmental Quality Review Act(SEQRA).
WHEREAS, in connection with the project, the Town of Queensbury Planning Board, by resolution, previously
authorized the Community Development Office to notify other involved agencies of the desire of the Town
Board to conduct a coordinated SEQR review;
WHEREAS, the Zoning Administrator has advised that other involved agencies have been notified and have
consented to the Town of Queensbury Planning Board being lead agency;
NOW,THEREFORE BE IT RESOLVED:
MOTION TO ACKNOWLEDGE LEAD AGENCY STATUS IN CONNECTION WITH SUBDIVISION
PRELIMINARY STAGE 19-2020 JP GROSS PROPERTIES, LLC. Introduced by David Deeb who
moved for its adoption, seconded by Brad Magowan:
As per the draft resolution prepared by staff;
Duly adopted this 191h day of January 2021 by the following vote:
AYES: Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Traver
NOES: NONE
Phone: 518.761.8220 1 Fax: 518.745.4437 1 742 Bay Road,Queensbury,NY 128041 www.queensbury.net
To\,N-n of Queensbury
Community Development Office
- --�__ 742 Bay Road, Queensbury.,NY 12804
Town of Queensbury Planning Board
SEQR RESOLUTION—Grant Negative Declaration
SUBDIVISION PRELIMINARY STAGE 19-2020 JP GROSS PROPERTIES, LLC
Tax Map ID: 307.-1-22/Property Address: 748 Luzern Road/Zoning: MDR/LC I OA/RR5A
The applicant proposes a six lot residential subdivision. The project includes shared driveways — Lots 2 & 3
and Lots 4 & 5. Lot I is a corner lot with access to Twin Mountain Drive and Lot 6 will have access on Tuthill
Road. Lot sizes: Lot 6 — 33.44 acres and includes a small section across from Luzerne Road; Lot 5 — 3.06
acres; Lot 4 — 2.80 acres; Lot 3 — 2.0 acres; Lot 2 — 5.01 acres; Lot 1 — 2.0 acres. Project is subject to water
district extension triggering coordinated SEQR review. Project will require stormwater management and is a
Class B subdivision for APA. Pursuant to Chapter 183 of the Zoning Ordinance, subdivision of land shall be
subject to Planning Board accept lead agency and review SEQR.
The Planning Board has determined that the proposed project and Planning Board action is subject to review
under the State Environmental Quality Review Act;
The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation
Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of
Queensbury;
No Federal or other agencies are involved;
Part 1 of the Long EAF has been completed by the applicant;
Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury Planning
Board as lead agency that this project will result in no significant adverse impacts on the environment, and,
therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is
issued.
MOTION TO GRANT A NEGATIVE DECLARATION FOR SUBDIVISION PRELIMINARY STAGE
19-2020 JP GROSS PROPERTIES.LLC. Introduced by David Deeb who moved for its adoption.
As per the resolution prepared by staff.
1. Part II of the long EAF has been reviewed and completed by the Planning Board.
2. Part III of the long EAF is not necessary because the Planning Board did not identify potentially
moderate to large impacts.
Motion seconded by Brad Magowan. Duly adopted this 19th day of January 2021 by the following vote:
AYES: Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Deeb, Mr. Traver
NOES: NONE
Phone: 5 18.76 t.8220 j Fax: 5'18.745.4437 j 7'12 Bay Road, Queensbury, NY 12804 1 www.c1ueensbury.net