424.2022 Final Order Approving Greater Qby Consol. Sanitary Sewer Dist. Ext 3 RESOLUTION AND FINAL ORDER APPROVING GREATER QUEENSBURY
CONSOLIDATED SANITARY SEWER DISTRICT EXTENSION NO.: 3
TO SERVE 1533 QUEENSBURY, LLC PROPERTY
RESOLUTION NO.: 424,2022
INTRODUCED BY: Mr. George Ferone
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 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 such Easements have been accepted for recording in the Warren County Clerk's
Office, 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, on Monday, October 17t", 2022, the Town Board duly held a public hearing
concerning Extension No.: 3, duly heard all interested persons, considered the evidence and
information, and in accordance with provisions of the State Environmental Quality Review Act, by
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Resolution No.: 380,2022 determined that Extension No.: 3 would not have a significant effect on the
environment and approved a Negative Declaration concerning environmental impacts, and
WHEREAS, on October 17t", 2022 the Town Board adopted Resolution No.: 381,2022
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 No.: 3 would be benefited thereby, (c) all of the property and property owners benefited are
included within the boundaries of proposed Extension No.: 3 and (d) it is in the public interest to
establish, authorize, and approve Extension No.: 3 as described in the Map, Plan and Report on file
with the Queensbury Town Clerk with the boundaries and benefited properties of Extension No.: 3 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 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
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 No.: 3 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.: 3 be established as described in this Order and in the Map,Plan and Report prepared by Hutchins
Engineering, PLLC having extension boundaries as detailed in the metes and bounds description from
the Town's Public Hearing Order Resolution No.: 358,2022 dated September 26t", 2022 and attached
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hereto as Schedule A and the improvements described in the Map, Plan and Report as already
constructed and existing and the service within the District continue to be provided, and
BE IT FURTHER,
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 2 1" day of November, 2022, by the following vote:
AYES Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES None
ABSENT: Mr. Metivier
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SCHEDULE A — Metes and Bounds Description
All that certain piece or parcel of land situate, lying and being in the Town of
Queensbury, County of Warren and State of New York, more particularly bounded and
described as follows: BEGINNING at a point in the westerly bounds of NYS Route 9 at
the southeast corner of lands conveyed to 1533 Queensbury, LLC by deed recorded in
book 6575 of deeds at page 266; thence running southerly along the westerly bounds of
NYS Route 9 along a curve to the right having a radius of 1689.91 feet a distance of
389.64 feet to the southeast corner of said lands of 1533 Queensbury, LLC, being the
southeast corner of lands conveyed by County Warren to Thekla B. Howe et. al. by deed
dated May 17, 1940 in book 215 of deeds at page 146; thence running along the
southerly bounds thereof, North 83 degrees, 03 minutes and 04 seconds West, a distance
of 48.67 feet to an iron rod found in the ground for a corner at the northeast corner of
lands of North High Realty Holdings, Inc. thence continuing along said lands of North
High Realty, Inc., North 83 degrees, 03 minutes and 04 seconds West, passing over an
iron pipe found in the ground for a corner at the northwesterly corner thereof, also at the
northeasterly corner of lands of Lumberjack Pass Amusements, LLC, a total distance of
611.92 feet to the northwest corner of said Lumberjack Pass Amusements, LLC in the
easterly bounds of Interstate Route 87, The Adirondack Northway; thence running along
the same, the following three courses and distances:
(1) North 21 degrees, 32 minutes and 56 seconds East, a distance of 121.66 feet;
(2) North 15 degrees, 22 minutes and 58 seconds East, a distance of 159.97 feet;
(3) North 14 degrees, 37 minutes and 10 seconds East, a distance of 107.98 feet to
the southwest corner of said lands of George and Marilyn Stark; thence running
South 83 degrees, 36 minutes and 43 seconds East, along said lands a distance of
584.65 feet to the point and place of beginning, containing 5.53 acres of land to
be the same more or less.
Bearings given in the above distance refer to magnetic North.
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