Details for TOWN OF QUEENSBURY - LEGALS - Ad from 2022-01-15

NOTICE OF ADOPTION At a Regular Meeting of the Town Board of the Town of Queensbury held on January 10, 2022 at the Queensbury Center, Town of Queensbury, 742 Bay Road, Queensbury, New York, the following was adopted and is subject to permissive referendum: 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 WHEREAS, on December 20th, 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 10th, 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 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 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. Duly adopted this 10th day of January, 2022, by the following vote: AYES : Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: None I, Colleen M. Rathbun, Deputy Town Clerk I of the Town of Queensbury, Warren County, New York, do hereby certify that I have compared the foregoing with the original resolution as listed above adopted at a Regular Meeting of the Town Board of the Town of Queensbury held on the 10th day of January 2022 at which a quorum was present and that the same is a correct transcript there from and of the whole original thereof to date. IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, this 11th, day of January 2022. SEAL _________________________________ Colleen M. Rathbun Deputy Town Clerk I Town of Queensbury DATED: JANUARY 14, 2022