248.2019 Discontinuance of Portion of Big Boom Road & Authorizing Sale of Discontinued Property
RESOLUTION CONSENTING TO DISCONTINUANCE
OF A PORTION OF BIG BOOM ROAD AND
AUTHORIZING SALE OF DISCONTINUED PROPERTY
RESOLUTION NO.: 248, 2019
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
WHEREAS, The Saratoga Hospital (the “Applicant”) is the owner of the parcel of land
described as Tax Map No. 309.14-1-5 (the “Property”) which is located adjacent to land owned
by the Town of Queensbury between the Property and the portion of Big Boom Road that is
paved and traveled by the public (the “Vacant Property”), and
WHEREAS, the Vacant Property has been used unofficially by previous owners of the
Property as a portion of their parking lots for decades and has not been used by the public for
travel as a roadway, and
WHEREAS, the Applicant wishes to purchase the Vacant Property for its own use in
connection with hospital facilities, and
WHEREAS, pursuant to New York Highway Law §171, the Applicant has made
application to the Town of Queensbury Superintendent of Highways to discontinue the Vacant
Property as a portion of Big Boom Road as described therein, and
WHEREAS, it appears that the portion of Big Boom Road sought to be discontinued has
not been used by through traffic for decades and has become useless, and
WHEREAS, the Applicant has agreed to pay for relocation of a Town water main from
under the Vacant Property to the right-of-way of Big Boom Road, installation of curbing and
extension of the sidewalk adjacent to the Applicant’s Property, and
WHEREAS, the requested discontinuance will not affect use of the portion of Big Boom
Road that is paved and used for travel by the public, and
WHEREAS, a release from all damages (the “Release”) has been received from the
Applicant, which is the sole owner of lands affected by the discontinuance, and the consideration
for such release has been agreed upon between the Town Highway Superintendent and the
Applicant, and
WHEREAS, the Town Highway Superintendent has confirmed that the portion of Big
Boom Road sought to be discontinued is not used, maintained or needed for any Town purpose
and is useless, and
WHEREAS, upon review of all documents submitted, the Town Board finds that the
portion of Big Boom Road sought to be discontinued is useless and unnecessary for Town
highway purposes, and
WHEREAS, the Town Board has determined that the fair value for such vacant property
is $27,800 and wishes to sell it to the Applicant to merge with their adjacent property, and
WHEREAS, the Town and the Applicant have negotiated an Agreement and the Town
Board wishes to authorize such Agreement, a copy of such Agreement presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, AS FOLLOWS:
1. The Town Board approves the consideration for the Release which has been
agreed upon between the Town Highway Superintendent and the Applicant.
2. The Town Board consents to the discontinuance of the subject portion of Big
Boom Road and the Town Board Members are authorized to execute a written Consent to the
discontinuance.
3. Upon filing and recording in the Town Clerk’s Office of the Order of the Town
Highway Superintendent together with the Application, the Consent of the Town Board and the
Release, the Town Clerk is authorized and directed to cause the Release to be recorded in the
Office of the Warren County Clerk.
4. The Town Board agrees to sell the vacant property to the Applicant, The Saratoga
Hospital, on the terms detailed in such Agreement.
5. This Resolution is subject to a permissive referendum in accordance with the
provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town
Clerk to publish and post such notices and take such other actions as may be required by law.
6. The Town Board authorizes and directs the Town Supervisor to execute the
Agreement and the Town Supervisor, Town Highway Superintendent, Town Clerk and/or Town
Budget Officer to take such actions as are necessary to effectuate this Resolution.
th
Duly adopted this 15 day of July, 2019, by the following vote:
AYES: Mr. Metivier, Mrs. Atherden, Mrs. Switzer, Mr. Strough
NOES: None
ABSENT: None
ABSTAIN: Mr. Ferone