067.2021 Approve Ext Qsby Water Distrcit Mtn Terrace Estates Out of District Parcel
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. 67, 2021
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
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
WHEREAS, the Queensbury Planning Board, as the Lead Agency, performed the State
Environmental Quality Review Act (SEQRA) review for the Subdivision, which included the
proposed District Extension and determined that the project would not have a significant effect on the
environment and issued a Negative Declaration, and
WHEREAS, the estimated annual cost to the “typical property” was filed with the Town Clerk
and made a part of the Map, Plan and Report, and
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WHEREAS, on November 16, 2020, subsequent to the filing 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 District Extension; (b) the proposed improvements; (c) the maximum
amount proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any)
and the cost of the proposed District Extension to the typical property and the typical one 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 improvements is on file in the Town Clerk’s Office; and (g) the
time and place of a public hearing on the proposed District Extension, 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 proposed District Extension to the
typical property and typical one family home (if not the typical property) were computed was filed with
the Town Clerk for public inspection, and
WHEREAS, a public hearing on the proposed District Extension was duly held on Monday,
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December 7, 2020 and the Town Board has considered the evidence given together with other
information, and
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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 be provided
subject to the following:
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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.
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Duly adopted this 8 day of February, 2021, by the following vote:
AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES : None
ABSENT: None
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