437.2018 Stte Legislature Enact Glen Lake Aquatic Plant Growth Remove Certain Parcels RESOLUTION CALLING UPON THE STATE LEGISLATURE TO
ENACT LEGISLATION AUTHORIZING THE TOWN OF QUEENSBURY
TO DIMINISH THE GLEN LAKE AQUATIC PLANT GROWTH
CONTROL DISTRICT IN THE TOWN OF QUEENSBURY BY
REMOVING CERTAIN PARCELS PURSUANT TO TOWN LAW §202-c
RESOLUTION NO.: 437,2018
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, on October 3, 2011, the Queensbury Town Board duly adopted Final Order
No.: 305,2011 establishing the Glen Lake Aquatic Plant Growth Control District (the "District")
in the Town of Queensbury, County of Warren and State of New York; said District being
established in accordance with Article 12-A of Town Law, and
WHEREAS, in accordance with such Order, a certified copy of such Order has or will be
recorded in the Warren County Clerk's Office and a certified copy of such Order has been filed
with the State Department of Audit and Control, and
WHEREAS, in accordance with the Map, Plan and Report of the Glen Lake Aquatic
Plant Growth Control District it was the intention to only include lakefront and non-lakefront
lake access parcels that will benefit from improved water quality of the lake and management of
invasive species in Glen Lake, and
WHEREAS, the Glen Lake Advisory Board has requested that the Town Board diminish
the boundaries of the Glen Lake Aquatic Plant Growth Control District in order to remove
certain parcels that do not have access to the lake and that, therefore, do not benefit from the
improved water quality of the lake management of invasive species, and
WHEREAS, the Town has reviewed Town Law §202-c and, more specifically §202-c(2),
regarding the "[d]issolution and diminishing area of certain districts" and has determined that in
order to diminish the Glen Lake Aquatic Plant Growth Control District by removing certain
parcels, the Town must seek special legislation in order to do so since the Town, on its own
motion, does not possess the legal authority to do so, and
WHEREAS, the owners of the following parcels of real property included in the Glen
Lake Aquatic Plant Growth Control District are not benefited by easements or rights of way to
the shores of Glen Lake and thus are not impacted by milfoil and other non-native, invasive
aquatic plant species in Glen Lake do not benefit from the improved water quality of the lake
management of invasive species:
Glen Lake
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EXPLANATION: See next pages. Parcels 1 through 4 were the result of a subdivision
creation that occurred after the formation of the District. None of the four above parcels
are shoreside. None of the above four parcels have lake access rights.
Parcel 5 (the "island") is not developable. Described as "swampy, boggy and not even
walkable".
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Parcel 1: 31 Glen Lake Rd
Tax Map Parcel No.: 289.6-1-17.2, 31 Louise Lane, 1 acre.
Town of Queensbury, County of Warren, State of New York.
Special District Tax Paid 2017 (est.): $130.00
More particularly described in a deed from Mary L. Sicard and Linda L. Sicard to Mary
L. Sicard dated February 26, 2015 and recorded in the Warren County Clerk's Office on
February 27, 2015 in Book 5119 of deeds at Page 77.
Lot 12. Tax Parcel 289.6-1-17.2. 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, referenced as Lot 12 in a
subdivision of land shown on a map entitled; "Residential Subdivision Sicard Properties" as
prepared by W. J. Rourke and dated March 2014 and filed in the Warren County Clerk's Office on
June 13, 2014 at Plat Cabinet C, Slide 358 and being more particularly bound and described as
follows:
Beginning at a point on the northerly bounds of lot 10 at the southeasterly corner of lot 11,thence
running the following two courses and distances along the easterly then northerly bounds of lot 11;
North 5 degrees 54 minutes 15 seconds East 104.80 feet, thence running North 86 degrees 2
minutes 45 seconds West 108.00 feet to a point in the easterly bounds of Glen Lake Road, thence
running, along the easterly bounds of Glen Lake Road; North 6 degrees 28 minutes 36 seconds
East 94.08 feet to the southwesterly corner of lot 13,thence running,along the southerly bounds of
lot 13 South 86 degrees 58 minutes 15 seconds East 189.48 feet to a point being the southeast
corner of lot 13 and a southwesterly corner of lot 3, thence running the following three courses
along the southerly bounds of lot 3; South 86 degrees 58 minutes 15 seconds East 124.58 feet,
then South 51 degrees 57 minutes 12 seconds East 63.98 feet, then South 14 degrees 25 minutes
47 seconds West 26.62 feet to a point being the northwesterly corner of lot 4, thence running,
along the westerly bounds of lot 4; South 14 degrees 25 minutes 47 seconds West 60.06 feet to a
point on the northerly bounds of lot 10, thence running, along the northerly bounds of lot 10 the
following 4 courses and distances;North 50 degrees 14 minutes 46 seconds West 103.93 feet,then
North 87 degrees 9 minutes 19 seconds West 39.28 feet, then South 13 degrees 42 minutes 18
seconds west 144.82 feet, then North 86 degrees 2 minutes 45 seconds West 102.86 feet to the
point or place of beginning. Said parcel of land to contain 1.003 acres of land more or less.
Special District Tax Paid 2017 (est.): $130.00
Parcel 2
Tax Map Parcel No.: 289.6-1-17.3, Glen Lake Road, 1.01 acre.
Town of Queensbury, County of Warren, State of New York
Special District Tax Paid 2017 (est.): $130.00
More particularly described in a deed from Charles O. Sicard to Charles O. Sicard and
Mary Sicard dated September 28, 1990 and recorded in the Warren County Clerk's
Office on October 18, 1990 in Book 806 of Deeds at Page 189.
Lot 13. Tax Parcel 289.6-1-17.3. 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, referenced as Lot 13 in a
subdivision of land shown on a map entitled; "Residential Subdivision Sicard Properties" as
prepared by W. J. Rourke and dated March 2014 and filed in the Warren County Clerk's Office on
June 13, 2014 at Plat Cabinet C, Slide 358 and being more particularly bound and described as
follows:
Beginning at a point on the easterly bounds of Glen Lake Road at the northwesterly corner of lot
12, thence running, along the easterly bounds of Glen Lake Road; North 6 degrees 28 minutes 36
seconds East 242.67 feet the point where the easterly bounds of Glen Lake Road and the southerly
bounds of Nacy Road intersect, said point being the northwesterly corner of the lot herein
described,thence running,along the southerly bounds of Nacy Road; South 86 degrees 58 minutes
15 seconds East 174.89 feet to the northwesterly corner of lot 3, thence running, along the
westerly bounds of lot 3; South 3 degrees 1 minute 45 seconds West 242.24 feet to a point on the
northerly bounds of lot 12,thence running, along the northerly bounds of lot 12;North 86 degrees
58 minutes 15 seconds West 189.48 feet to the point or place of beginning. Said parcel of land to
contain 1.013 acres of land more or less.
Parcel 3
Tax Map Parcel No.: 289.6-1-17.4, Nacy Road, .05 acre.
Town of Queensbury, County of Warren, State of New York
Special District Tax Paid 2017 (est.): $130.00
More particularly described in a deed from Charles O. Sicard to Charles O. Sicard and
Mary Sicard dated September 28, 1990 and recorded in the Warren County Clerk's
Office on October 18, 1990 in Book 806 of Deeds at Page 189.
Lot 10. Tax Parcel 289.6-1-17.4. 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, referenced as Lot 10 in a
subdivision of land shown on a map entitled; "Residential Subdivision Sicard Properties" as
prepared by W. J. Rourke and dated March 2014 and filed in the Warren County Clerks Office on
June 13, 2014 at Plat Cabinet C, Slide 358 and being more particularly bound and described as
follows:
Beginning, at a point in the northerly bounds of Nacy Road where the same intersects with the
easterly bounds of Glen Lake Road, thence running, along the easterly bounds of Glen Lake
Road; North 6 degrees, 28 minutes and 36 seconds East 6.05 feet to the southwest corner of lands
now or formerly of Godnick, thence running, along the southerly bounds of Godnick; South 86
degrees 58 minutes 15 seconds East 378.01 feet to a point in the northerly bounds of Nacy Road,
thence running the following two courses and distances, along the northerly bounds of Nacy Road;
South 24 degrees 38 minutes and 45 seconds 6.49 feet, then North 86 degrees, 58 minutes 15
seconds West 375.98 feet to the point or place of beginning. Said parcel of land to contain 0.052
acres of land more or less.
Parcel 4
Tax Map Parcel No.: 289.6-1-36. 30 Louise Lane. 0.19 acre.
Town of Queensbury, County of Warren, State of New York
Special District Tax Paid 2017 (est.): $130.00
More particularly described in a deed from Charles O. Sicard to Charles L. Sicard dated
December 21, 1993 and recorded in the Warren County Clerk's Office on January 04,
1994 in Book 904 of Deeds at Page 309.
Lot 5. Tax Parcel 289.6-1-36. 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, referenced as Lot 5 in a
subdivision of land shown on a map entitled; "Residential Subdivision Sicard Properties" as
prepared by W. J. Rourke and dated March 2014 and filed in the Warren County Clerk's Office on
June 13, 2014 at Plat Cabinet C, Slide 358 and being more particularly bound and described as
follows:
Beginning at a point on the northerly bounds of lot 10 and the southerly bounds of lot 4 of the
above referenced subdivision at the southwest corner of the parcel herein being described, thence
running the following three courses and distances along the southerly bounds of lot 4; North 10
degrees 41 minutes 45 seconds East 74.08 feet,then South 82 degrees 21 minutes 19 seconds East
120.81 feet, then South 21 degrees 26 minutes 15 seconds West 26.10 feet to a point on the
northerly bounds of said lot 10, thence running the following two courses and distances along the
northerly bounds of lot 10; South 21 degrees 26 minutes 15 seconds West 44.87 feet, then North
85 degrees 2 minutes 15 seconds West 107.95 feet to the point or place of beginning. Said parcel
of land to contain 0.187 acres of land more or less.
EXPLANATION:
The below parcel is not developable. Described as "swampy, boggy and not even walkable".
Parcel 5
Tax Map Parcel No.: 289.17-1-19, Island in Glen Lake Lk, 0.6 acres.
Town of Queensbury, County of Warren, State of New York
Special District Tax Paid 2017 (est.): $130.00
More particularly described in a deed from Capt. Michael E Miller to Kathleen A.
Gowen dated May 15, 2012 and recorded in the Warren County Clerk's Office on June 8,
2012 in Book 4506 of Deeds at Page 316.
"All that certain plot,piece or parcel of land,with the buildings and improvements thereon
erected,situate,lying and being in the Town of Queensbury,County of Warren,State ofNew York,
designated on the tax map of said Town as Section 40,Block 1,Lot 2,being.53 acres more or less."
Being the same premises conveyed by Henry S.Cummings to Capt.Michael F. Miller,by
deed dated June 25, 1995,and recorded in the Warren County Clerk's Office on July 10, 1995,in
Book 951 of Deeds at page 228.
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and
WHEREAS, it is the understanding of the Town that it does not have the authority to
remove Parcel 1, Parcel 2, Parcel 3, Parcel 4 or Parcel 5, as described herein, from the Glen Lake
Aquatic Plant Growth Control District pursuant to Article 12-A of the Town Law, without
special legislation from the State, and
WHEREAS, there is no indebtedness, outstanding or unpaid, affecting the Glen Lake
Aquatic Plant Growth Control District,
NOW, THEREFORE, BE IT
RESOLVED, THAT:
Section 1. The Town hereby requests the State Legislature of the State of New York to
enact a statutory provision authorizing the Town of Queensbury to remove Parcel 1, Parcel 2,
Parcel 3, Parcel 4, and Parcel 5, as more specifically described herein, from the Glen Lake
Aquatic Plant Growth Control District since the parcels of real property are not benefitted from
the inclusion in the District and are not under or bordered by Glen Lake or benefited by
easements or rights of way to the shores of Glen Lake in the Town of Queensbury, and thus are
not impacted by milfoil and other non-native, invasive aquatic plant species in Glen Lake and,
therefore, do not benefit from the improved water quality of the lake management of invasive
species.
Section 2. The Town hereby calls upon the Governor of the State of New York, the New
York Senate Majority Leader, the New York State Assembly Speaker and the members of the
State Senate and State Assembly to take all necessary actions to adopt the foregoing.
Section 3. The Town Board hereby authorizes the Town Clerk to deliver a certified copy
of this Resolution to any and all necessary persons in the New York State Senate and New York
State Assembly.
Section 4. This Resolution shall take effect immediately.
Duly adopted this 3rd day of December, 2018, by the following vote:
AYES Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None