230.2022 Final Order - Greater Qsby Consolidated Sewer District Ext 2 - Tital Wave Auto Spa RESOLUTION AND FINAL ORDER APPROVING GREATER QUEENSBURY
CONSOLIDATED SANITARY SEWER DISTRICT EXTENSION #2
TO SERVE TIDAL WAVE AUTO SPA LOCATED AT 708 QUAKER ROAD
RESOLUTION NO.: 230,2022
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury wishes to extend the Greater Queensbury
Consolidated Sanitary Sewer District to serve the Tidal Wave Auto Spa (TWAS) located at 708
Quaker Road in the Town of Queensbury, New York (Tax Map No.: 303.15-1-12) referred to as
the "Property" 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
Pennoni Engineering & Surveying of New York, P.C. concerning the proposed Sanitary Sewer
District Extension 42 (Extension 42) to connect the proposed Property 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 Town Clerk's Office and is available for public inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed
Extension 42, 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 in accordance with New York State General Municipal Law
§99-f, and
WHEREAS, on April 18t", 2022 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
proposed Extension 42; (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 Extension 42 to the Property in Extension 42; (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 proposed Extension
42; 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 posted 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 Extension 42 to the Property were
computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report,
and
WHEREAS, the estimated annual cost of Extension 42 to the parcel has been filed with the
Town Clerk and is made a part of the Map,Plan and Report, and
WHEREAS, on Monday, May 2nd, 2022, the Town Board duly held a public hearing
concerning Extension 42, duly heard all interested persons, considered the evidence and information,
and in accordance with provisions of the State Environmental Quality Review Act, by Resolution No.:
168(A),2022 determined that Extension 42 would not have a significant effect on the environment and
approved a Negative Declaration concerning environmental impacts, and
WHEREAS, on May 2nd, 2022 the Town Board adopted Resolution No.: 168(B),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 proposed
Extension 42 would be benefited thereby, (c) all of the property and property owners benefited are
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included within the boundaries of proposed Extension 42, and(d) it is in the public interest to establish,
authorize, and approve Extension 42 as described in the Map, Plan and Report on file with the
Queensbury Town Clerk with the boundaries and benefited properties of Extension 42 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 proposed Extension 42 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 42
be established as described in this Order and in the Map, Plan and Report prepared by Pennon
Engineering & Surveying of New York, P.C. having extension boundaries as detailed in the metes and
bounds description from the Town's Public Hearing Order Resolution No.: 147,2022 dated April 18t",
2022 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
BE IT FURTHER,
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ORDERED, that the Queensbury Town Board hereby 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
filed in the Office of the New York State Department of Audit and Control in the time and manner
required by law, and
BE IT FURTHER,
ORDERED, that the Town Board further 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 13th day of June, 2022, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES None
ABSENT: Mr. McNulty
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SCHEDULE A — Metes and Bounds Description
All that tract or parcel of land, situate in the Town of Queensbury, County of Warren and State
of New York, bounded and described as follows:
Beginning at a point in the southerly highway boundary of Quaker Road (County Route 70) at
its intersection with the property division line between lands n/f Garvey Partnership, as described
in Book 5351 of Deeds at Page 45, on the east, and lands n/f of Smart Wash of S.G.F., LLC as
described in Book 5946 of Deeds at Page 272, on the west, thence south 31°02'07" west, a
distance of 300.00 feet to a point at its intersection with the property division line between lands
n/f of Switchco LLC, as described in Book 4542 of Deeds at Page 217, on the east, and said
lands of Smart Wash of S.G.F., LLC, on the west, thence south 09°57'38" west, a distance of
440.97 feet to a point on the northerly highway boundary of Dix Avenue (County Route 42),
thence north 80 °02'23" west, along said highway boundary a distance of 158.66 feet to a point
at its intersection with the property division line between lands n/f of E. James Barrett& William
M. Barrett, as described in Book 1209 of Deeds at Page 320, on the west, and said lands of
Smart Wash of S.G.F., LLC, on the east, thence along said property division line the following
three (3) courses and distances:
(1) Along a curve to the right having a radius of 50.00 feet, an arc length of 78.54 feet, a
chord bearing of north 35°02'22"west, a chord distance of 70.71 feet to a point,
(2) North 09°57'37" east, a distance of 471.38 feet to a point,
(3) North 31°02'07" east, a distance of 300.00 feet to a point on the first mentioned
southerly highway boundary of Quaker Road, thence south 58°57'53" east, along said highway
boundary a distance of 223.62 feet to the point or place of beginning.
CONTAINING 166,952 SQUARE FEET OR 3.833 ACRES, MORE OR LESS
This description is based upon a survey entitled "Alta/NSPS Land Title Survey 708 Quaker Road
TM4303.15-1-12 Town of Queensbury, Warren County, State of New York," prepared by
Control Point Associates, Inc., PC, dated January 21, 2021.
This property may be subject to the restrictions, covenants and/or easements either written or
implied.
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