381.2022 Approving Greater Queensbury Consolidated Sanitary Sewer Dist RESOLUTION APPROVING GREATER QUEENSBURY CONSOLIDATED
SANITARY SEWER DISTRICT EXTENSION NO.: 3
TO SERVE 1533 QUEENSBURY, LLC PROPERTY
RESOLUTION NO.: 381,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town of Queensbury wishes to extend the Greater Queensbury
Consolidated Sanitary Sewer District to serve the 1533 Queensbury, LLC Property (formerly the
Comfort Suites Hotel) located on 5.53 acres of land on the west side of New York State Route 9
in the Town of Queensbury, New York (Tax Map No.: 288.8-1-5.2) 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
Hutchins Engineering, PLLC concerning the proposed Sanitary Sewer District Extension No 3
(Extension No. 3) 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 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 No. 3, 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, the property owner has provided Easements required by the Town along with
forms TP-584 which will transfer the existing infrastructure and provide an Easement to the property's
northern border, and
WHEREAS, on September 26t", 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 the proposed Extension No. 3; (b) the proposed improvements; (c) the maximum
amount proposed to be expended for the improvements; (d)the fact that all costs of the improvements
including the one-time buy-in cost and Town connection fee were paid by the previous developer of
the property and not the Town of Queensbury; (e) the estimated cost of hook-up fees (if any) and the
estimated annual cost of the Extension No. 3 to the property in the Extension No. 3; (f) the proposed
method of financing to be employed (no financing required); (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 No. 3; 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 No. 3 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 the Extension No. 3 to the parcel 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 No. 3 was duly held on Monday,
October 17t", 2022 and the Town Board has considered the evidence given together with other
information, and
WHEREAS, the Town Board has considered the establishment of the Extension No. 3 in
accordance with the provisions of the State Environmental Quality Review Act and has adopted a
Negative Declaration concerning environmental impacts, and
WHEREAS, the Town Board wishes to establish the proposed Extension No. 3 in accordance
with 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 No. 3 are benefited thereby;
3. All property and property owners benefited are included within the limits of the
Extension No. 3;
4. It is in the public interest to establish, authorize, and approve the Greater Queensbury
Consolidated Sanitary Sewer District Extension No. 3 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. 3 in accordance with the boundaries
and descriptions set forth above and in the previously described Map, Plan and Report and Public
Hearing Order, subject to the following:
1. Permissive Referendum in the manner provided in New York State Town Law Article
7; and
2. 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 if no 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.
Duly adopted this 17t'day of October, 2022,by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES None
ABSENT: Mr. Freer