100.2021 Final Order Approving Ext. To Qsby Consolidated Water District Mountain Terrace Estates
FINAL ORDER APPROVING EXTENSION TO QUEENSBURY
CONSOLIDATED WATER DISTRICT TO SERVE A PORTION
OF MOUNTAIN TERRACE ESTATES SUBDIVISION AND
AN OUT-OF-DISTRICT PARCEL
RESOLUTION NO.: 100, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
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 and as follows:
Parcel 1:
Beginning at the point of intersection of the westerly line of Twin Mountain Drive and the
northerly line of Luzerne Road.
Thence from said Point of Beginning, of the hereinafter described Water Service District
along said northerly line, in a general westerly direction 420± feet to a point;
Thence through Luzerne Road in a general southerly direction, 50± to a point in the
southerly line of Luzerne Road;
Thence along the easterly, southerly and westerly line of SBL#307.00-1-32.2 the
following three (3) courses and distances:
1) In a general southerly direction, 275± to a point;
2) In a general westerly direction, 235± to a point;
3) In a general northerly direction, 275± to a point in the aforesaid southerly line of
Luzerne Road;
Thence through said Luzerne Road, in a general northerly direction, 50± feet to a point in
the aforesaid northerly line of Luzerne Road;
Thence along said northerly line, in a general westerly direction, 90± feet to a point;
Thence through Proposed Lot 4 of SBL#307.00-1-22 generally following the 545’
contour line, in a general northerly and westerly direction, 600± to a point in the southerly
line of said Proposed Lot 4 of SBL#307.00-1-22;
Thence along said southerly line in a general westerly direction, 100± to a point in the
southeasterly line of Proposed Lot 6;
Thence along said southeasterly line, in a general northeasterly direction, 620± feet a point
being the southwesterly corner of SBL#307.00-1-24;
Thence along the common division line of SBL#307.00-1-24, SBL#308.05-1-9,
SBL#308.05-1-8, SBL#308.09-1-9 and SBL#308.09-1-8 to the north, east and south and
Proposed Lot 2 and Proposed Lot 1, being pieces or parcels of SBL#307.00-1-22, to the
south, west and north the following five (5) courses and distances:
1) In a general easterly direction, 150± feet to a point;
2) In a general southerly direction, 600± feet to a point;
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3) In a general westerly direction, 150± feet to a point;
4) In a general southerly direction, 200± feet to a point;
5) In a general easterly direction, 300± feet to a point in the aforesaid westerly line of
Twin Mountain Drive;
Thence along said westerly line, in a general southerly direction, 210± feet to the point or
place of beginning said Water Service District and containing 13± acres of land.
The above described Water Service District parcels are intended to include all, or those
portions thereof, of those parcels as contained within the above described area as shown
on the Warren County Real Property Tax Maps in the Town of Queensbury, NY, and is not
intended for the conveyance of Real Property.
and
WHEREAS, the Map, Plan and Report also delineates 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
th
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
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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
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WHEREAS, on December 7, 2020, the Town Board held a public hearing and heard all
interested persons concerning the proposed Water District Extension, considered the evidence given
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together with other information and on February 8, 20201, adopted Resolution No.: 67,2021
determining that (a) the Notice of Public Hearing was published and posted as required by law and was
otherwise sufficient; (b) it was in the public interest to establish, authorize, and approve the District
Extension to the existing Queensbury Consolidated Water District as described in the Map, Plan and
Report on file with the Queensbury Town Clerk; (c) all property and property owners within the
District Extension are benefited; and (d) all benefited property and property owners are included within
the limits of the District Extension; subject to permissive referendum in the manner provided in Town
Law Article 7 and subject to certain conditions specified in the Resolution, and
WHEREAS, the Town Clerk duly posted and published the notice required for Resolutions
subject to Permissive Referendum and no Petition for Referendum was filed within 30 days after the
date of the Resolution, and the Town Clerk has caused a Certificate to that effect to be filed in the
Warren County Clerk’s Office, and
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WHEREAS, the permission of the State Comptroller is not required pursuant to Town Law
§9-f, and
WHEREAS, the Town Board wishes to establish the proposed District Extension in
accordance with Town Law Article 12-A and intends to consider consolidating the District Extension
with the Queensbury Consolidated Water District in the future,
NOW, THEREFORE, IT IS HEREBY
ORDERED, that the Town of Queensbury Consolidated Water District Extension to serve
four lots of the proposed six lot Mountain Terrace Estates Subdivision and a separate parcel
currently receiving Town water under an Out-of-District Contract be established as described in the
Map, Plan and Report and the improvements described in the Map, Plan and Report be constructed
and the service within the District Extension be provided upon the required funds being made available
or provided for, and it is
FURTHER ORDERED, that no property within such District Extension shall be hooked up or
receive water until such time as the Water Superintendent shall be satisfied, in his absolute discretion,
that all infrastructure has been installed correctly as detailed in the Map, Plan and Report’s
corresponding specifications, that all costs of installation have been paid for by the Developer as per the
Map, Plan and Report, and that all infrastructure and easements deemed necessary by him and Town
Counsel have been dedicated to the Town, and it is
FURTHER ORDERED, that the Town Board authorizes and directs the Town Clerk to cause
a certified copy of this Order to be duly recorded in the Warren County Clerk’s Office and to be filed in
the New York State Office of Department of Audit and Control in the time and manner required by
law, and it is
FURTHER ORDERED, that the Town Board authorizes and directs the Town Supervisor,
Town Clerk and Town Counsel to take all other actions necessary to effectuate the terms of this Order.
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Duly adopted this 22 day of March, 2021, by the following vote:
AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES : None
ABSENT: None
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