Details for TOWN OF QUEENSBURY-legals - Ad from 2019-09-13

NOTICE OF ADOPTION At a Regular Meeting of the Town Board of the Town of Queensbury held on September 9th, 2019 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 QUEENSBURY TECHNICAL PARK SEWER DISTRICT EXTENSION NO. 7 RESOLUTION NO.: 290, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury Technical Park Sewer District (hereinafter the “District”) to be known as the Queensbury Technical Park Sewer District Extension No. 7 (hereinafter the “Sewer District Extension”), and WHEREAS, a Map, Plan and Report has been prepared by Nace Engineering, P.C., engineers licensed by the State of New York regarding the proposed Sewer District Extension to permanently serve a new development of Luzerne Road Duplexes to be constructed by Hayes & Hayes on one (1) parcel bearing Tax Map Identification No.: 309.10-1-97 and located on Luzerne Road as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been accepted and approved 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 Sewer District Extension, a general plan of the proposed sewer system, a report of the proposed sewer system and 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 Town Board has considered the establishment of the Sewer District Extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, and WHEREAS, on August 19th, 2019 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 Sewer District 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 cost of the Sewer District Extension to the only one property in the Sewer District Extension so it is the typical property); (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 Sewer District 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 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 Sewer District to the parcel 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 District Extension 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 Sewer District Extension was duly held on Monday, September 9th, 2019 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to establish the proposed Sewer District Extension as detailed in the Map, Plan and Report in accordance with Town Law, Article 12-A, 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 Sewer District Extension are benefited thereby; 3. All property and property owners benefited are included within the limits of the Sewer District Extension; 4. It is in the public interest to establish, authorize, and approve the Queensbury Technical Park Sewer District Extension No. 7 to the existing Queensbury Technical Park 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 Sewer District Extension to be as described in the Map, Plan and Report; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Queensbury Technical Park Sewer District Extension No. 7 in accordance with the boundaries and descriptions set forth above and in the previously described Map, Plan and Report 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 Plan; 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 supply 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 9th day of September, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mr. Metivier NOES: None ABSENT: Mrs. Switzer, Mr. Strough I, Rose Mellon, 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 9th day of September, 2019 at which a quorum was present and that the same is a correct transcript therefrom 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 10th day of September, 2019. SEAL SIGNED:______________________________________ Rose Mellon Deputy Town Clerk I Town of Queensbury DATED: SEPTEMBER 13, 2019

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