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077.2022 Final Order Approv. Greater Qby Consolidated Sanitary Sewer District Ext No1 RESOLUTION AND FINAL ORDER APPROVING GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT EXTENSION NO.: 1 TO SERVE PROPOSED 14-UNIT TOWNHOUSE PROJECT AND OTHER NON-CONTIGUOUS PROPERTIES RESOLUTION NO.: 77,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone 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, 2 specifically including this sewer construction Project, and WHEREAS, on December 20t", 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 I Ot", 2022 and the Town Board considered the evidence given together with other information, and 3 WHEREAS, on January 10t', 2022 the Town Board adopted Resolution No.: 43, 2022 determining that (a) the Order scheduling the Public Hearing was published and posted as required by law and was otherwise sufficient, (b) all of the property and property owners within the proposed Extension would be benefited thereby, (c) all of the property and property owners benefited are included within the boundaries of the proposed Extension, and (d) it is in the public interest to establish, authorize, and approve the Extension 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, subject to Permissive Referendum in the manner provided in New York State Town Law Articles 7 and 12-A 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 office of the County Clerk, and WHEREAS, the permission of the State Comptroller is not required in accordance with Town Law §209-f, and WHEREAS, the Town Board wishes to establish the proposed Extension as detailed in the Map,Plan and Report in accordance with New York State Town Law Article 12-A, NOW, THEREFORE, IT IS HEREBY ORDERED, that the Greater Queensbury Consolidated Sanitary Sewer District Extension No. 1 be established as described in this Order and in the Map, Plan and Report prepared by Environmental Design Partnership, LLP having extension boundaries as detailed in the metes and bounds description from the Town's Public Hearing Order Resolution No.: 426, 2021 dated December 20t', 2021 and attached hereto as Schedule A and the improvements described in the Map, Plan and Report be constructed and the service within the District be provided upon the required funds being made available or provided for, and it is 4 FURTHER ORDERED, that the Queensbury Town Clerk is hereby authorized and directed 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 Office of the New York State Department of Audit and Control in the time and manner required by law, and it is FURTHER ORDERED, that the Queensbury Town Board authorizes and directs the Town Supervisor, Town Clerk, Wastewater Director and/or Town Counsel to take all other actions necessary to effectuate the terms of this Resolution. Duly adopted this 14th day of February, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None 5 SCHEDULE A — Metes and Bounds Description Sewer Services descripts over all those certain tracts, pieces or parcels of land situate in the Town of Queensbury, County of Warren, State of New York, lying along the westerly and easterly line of Newcomb Street and being further bounded and described as follows: Parcel"A"—Newcomb Street Sewer District Extension Beginning at the point of intersection of the westerly line of Newcomb Street and the common division line of SBL#30910-2-68 to the south and SBL#30910-2-67 to the north; Thence from said Point of Beginning along said common division line, in a general easterly direction, to a point of intersection of said common division line and the intersection of the northwesterly corner of SBL#30910-2-71 and the southwesterly corner of SBL#30910-2-46; Thence along the common division line of SBL#309.10-2-67 and SBL#309.10-2-66 generally to the west and SBL#309.10-2-46 generally to the east; Thence along the common division line of SBL#309.10-2-66 to the south and SBL#309.10-2-47 to the north in a general westerly direction to a point, said point being the southeast corner of SBL#309.10-2-65 and the southwest corner of SBL#309.10-2-47 and the northern boundary of SBL#309.10-2-66; Thence along the easterly line of SBL#309.10-2-65, SBL#309.10-2-64 and SBL#309.10-2-63 to the west and SBL#309.10-2-47 and SBL#309.10-2-48 to the east in a general northerly direction, to a point of intersection, said intersection point being the northeast corner of SBL#309.10-2-63 and the Southeast corner of SBL#309.10-2-62; Thence along the common division line of SBL#309.10-2-63 to the south and SBL#309.10-2-62 to the north in a general westerly direction, to a point of intersection of said common division line and the easterly line of Newcomb Street; Thence diagonally across the Newcomb Street Right of Way in a generally southwesterly direction to a point, said point being the common intersection of the western Right of Way of Newcomb Street and the northeastern corner of SBL#309.101-60; Thence along the common division line of SBL#309.10-1-60 and SBL#309.10-1-63 to the south and SBL#309.10-1-64 to the north in a general westerly direction, to a point of intersection of said common division line and the easterly line of SBL#309.10-1-79; 6 Thence along the common division line of SBL#30910-1-63 to the east and SBL#30910-1-79 to the west in a general southerly direction, to a point of intersection of said common division line and the northeasterly corner of SBL#309.10-1-51 and the northwesterly corner of SBL#309.10-1-52; Thence along the common division line of SBL#309.10-1-63 and SBL#309.10-1-60 to the north and SBL#309.10-1-52, SBL#309.10-1-53, SBL#309.10-1-55, SBL#309.10-1-56 and SBL#309.10-1-57 to the south in a general easterly direction, to a point of intersection of said common division line and the northwesterly corner of SBL#309.10-1-57 and SBL#309.10-1-60; Thence along the common division line of SBL#309.10-1-57 to the west and SBL#309.10-1-60 to the east in a generally southerly direction to a point, said point being a corner of said parcels, Thence along the common division line of SBL#309.10-1-57 and SBL#309.10-1-59 to the south and SBL#309.10-1-60 to the north in a general easterly direction, to a point in the westerly line of Newcomb Street Right of Way; Thence generally southeasterly across Newcomb Street Right of Way to the point of beginning. The above described Sewer Service District Extension is intended to include all of those parcels as contained within the above described area as shown on the Warren County Real Property Tax Map in the Town of Queensbury, NY and is not intended for the conveyance of Real Property. 7