162.2008
RESOLUTION SETTING PUBLIC HEARING TO DISCUSS ACQUISITION
BY CONDEMNATION OF PROPERTIES ON MAIN STREET
RESOLUTION NO.: 162, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town Board of the Town of Queensbury (Town) is the duly elected
governing body of the Town of Queensbury, and
WHEREAS, in accordance with New York State Town Law, the Town may condemn
privately owned property within the limits of the Town for a public purpose pursuant to the powers
of eminent domain, and
WHEREAS, Main Street is a narrow public highway in the Town, and
WHEREAS, the County of Warren (County) has undertaken a project to widen the bounds
of Main Street, and
WHEREAS, a number of public utility facilities are constructed along the bounds of Main
Street which creates visual confusion for drivers, and
WHEREAS, the Town wishes to alleviate the visual confusion and visual impacts, and
improve the safety of the public along this Street, caused by public utilities’ above-ground facilities,
and
WHEREAS, the Town wishes to consider taking property by eminent domain for the
placing of utilities, including municipal sewer, municipal water, and public utilities underground
and/or above-ground, and
WHEREAS, in furtherance of these goals, the Town will consider taking by eminent
domain a portion of a number of properties adjacent to Main Street, and
WHEREAS, the County will be holding a Public Hearing to describe the Main Street
Project, the widening of Main Street, the County’s public purpose for such Project and the County’s
consideration of taking by eminent domain a portion of a number of properties adjacent to Main
Street, and
WHEREAS, certain utility work is expected to be completed along with the County’s Main
Street Project, and
WHEREAS, the Town and County determined that they wish to hold any Public Hearing
related to each municipality’s consideration of eminent domain jointly,
NOW THEREFORE BE IT
RESOLVED, in accordance with the Eminent Domain Procedure Law, the Town of
Queensbury shall hold a Public Hearing at which time the Town shall set forth the project
contemplated and the public purpose to be served thereby and all persons present shall have an
opportunity to submit both written and verbal comments, and
BE IT FURTHER,
RESOLVED, that it is the intention of the Town to hold a Public Hearing jointly with the
County, and
BE IT FURTHER,
RESOLVED, that the Public Hearing shall be held at the West Glens Falls Volunteer Fire
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Co., Inc.’s Station #1 located at 33 Luzerne Road, Queensbury on Wednesday, March 19, 2008 at
6:30 p.m., and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to
publish and serve a Notice of Public Hearing in accordance with the Eminent Domain Procedure
Law, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Clerk and Town Counsel to take any actions necessary to effectuate this Resolution.
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Duly adopted this 25 day of February, 2008, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough
NOES : None
ABSENT: Mr. Montesi
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