043.2022 PH Proposed Extension to Greater Qby Consolidated Sanitary Sewer District to Serve Proposed 14 Unit Townhouse Project and other Non-Contiguous Properties
RESOLUTION APPROVING GREATER QUEENSBURY CONSOLIDATED
SANITARY SEWER DISTRICT EXTENSION NO.: 1 TO SERVE PROPOSED
14-UNIT TOWNHOUSE PROJECT AND
OTHER NON-CONTIGUOUS PROPERTIES
RESOLUTION NO.: 43, 2022
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, the Town of Queensbury wishes to extend the Greater Queensbury
Consolidated Sanitary Sewer District to serve a proposed 14-unit townhouse style multi-family
housing project to be developed by Mountain Vista Properties (Developer) and located at 20
Newcomb Street as well as 26 non-contiguous parcels located in various parts of the Town as
follows:
Tax ID No: Address:
SBL#289.15-1-50 742 Bay Road
SBL#296.7-1-11 633 Bay Road
SBL#296.11-1-33 535 Bay Road
SBL#296.11-1-41 551 Bay Road
SBL#296.11-1-42 543 Bay Road
SBL#296.13-1-2 1 Lawton Road
SBL#296.13-1-3 5 Lawton Road
SBL#296.13-1-15 7 Sweet Road
SBL#296.13-1-16 9 Sweet Road
SBL#296.14-1-1 36 Sweet Road
SBL#296.14-1-12 25 Sweet Road
SBL#296.14-1-14 35 Sweet Road
SBL#296.14-1-24 113 Sweet Road
SBL#296.15-1-1 148 Sweet Road
SBL#296.15-1-23 425 Bay Road
SBL#296.15-1-27 445 Bay Road
SBL#296.18-1-7 122 Sweet Road
SBL#296.18-1-19 106 Sweet Road
SBL#296.18-1-25 80 Sweet Road
SBL#296.18-1-34 42 Sweet Road
SBL#296.18-1-35 38 Sweet Road
SBL#296.69-1-5 1 Queens Way
SBL#309.11-2-24 13.5 Luzerne Road
SBL#309.11-2-25 13 Luzerne Road
SBL#309.11-2-31 7 Luzerne Road
SBL#309.17-1-11 363 Big Bay Road
collectively referred as the “Properties” in accordance with New York Town Law Article 12-A,
and
WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by
Environmental Design Partnership, LLP concerning the proposed Sanitary Sewer District
Extension No.: 1 (Extension) to connect the proposed Properties to the existing Greater
Queensbury Consolidated Sanitary Sewer District as more specifically set forth and described in
the Map, Plan and Report, and
WHEREAS, the Map, Plan and Report has been accepted by the Town and 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
Extension, a general plan of the proposed system, a report of the proposed method of operation,
all outlets and the terminus and course of each proposed main sewer or drain together with the
location and a general description of all sewage disposal plants, pumping stations and other public
works, if any, and is consistent with, so far as possible, any comprehensive plan for sewers
developed and maintained pursuant to General Municipal Law §99-f, and
WHEREAS, as Lead Agency, the Queensbury Planning Board conducted a State
Environmental Quality Review Act (SEQRA) Review, with the Project being an Unlisted Action,
of Site Plan 35-2021 Chris Racicot for construction of the 14-unit townhouse style multi-family
housing project, and issued a SEQRA Negative Declaration for this Project and associated work,
specifically including this sewer construction Project, and
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WHEREAS, on December 20, 2021 subsequent to the filing of the Map, Plan and Report
with the Town Clerk, the Town Board adopted an Order (Public Hearing Order) reciting (a) the
boundaries of the proposed Extension; (b) the proposed improvements; (c) the maximum amount
proposed to be expended for the improvements; (d) the fact that all costs of the improvements will be
paid for by the property owner and not the Town of Queensbury; (e) the estimated cost of hook-up
fees (if any) and the estimated annual cost of the Extension to the properties in the Extension; (f) the
proposed method of financing to be employed; (g) the fact that a Map, Plan and Report describing the
improvements is on file in the Town Clerk’s Office; and (h) the time and place of a public hearing on
the proposed 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 also placed on the Town’s website,
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 Extension to the properties were
computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report,
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, the estimated annual cost of the Extension to the parcels has been filed with the
Town Clerk and is made a part of the Map, Plan and Report, and
WHEREAS, a public hearing on the proposed Extension was duly held on Monday, January
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10, 2022 and the Town Board has considered the evidence given together with other information, and
WHEREAS, the Town Board wishes to establish the proposed Extension in accordance with
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Town Law Article 12-A, and
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
sufficient;
2. All property and property owners within the Extension are benefited thereby;
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 Greater Queensbury
Consolidated Sanitary Sewer District Extension No. 1 to the Greater Queensbury Consolidated
Sanitary Sewer District as described in the Map, Plan and Report on file with the Queensbury Town
Clerk with the boundaries and benefited properties of the Extension to be as described in the Map, Plan
and Report and Public Hearing Order; and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves, authorizes and establishes the Greater
Queensbury Consolidated Sanitary Sewer District Extension No. 1 in accordance with the boundaries
and descriptions set forth above and in the previously described Map, Plan and Report and Public
Hearing Order 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. The obtaining of any necessary permits or approvals from the New York State
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Department of Transportation and any other required permits;
4. The Town being satisfied that construction of all improvements has occurred in
accordance with the Map, Plan and Report and subsequent dedication of all improvements to the
satisfaction of the Town;
5. Permissive Referendum in the manner provided in New York State Town Law Article
7; and
6. 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 form 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 10 day of January, 2022, by the following vote:
AYES : Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES : None
ABSENT: None
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