140.92
RESOLUTION DETERMINING NO OBJECTION
TO ABANDONMENT OF DELAWARE AND HUDSON RAILROAD SPUR TRACK
RESOLUTION NO. 140, 92
INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Susan Goetz
WHEREAS, the Town Board of the Town of Queensbury has been
advised that the Delaware and Hudson Corporation is attempting to
abandon a portion of the Lake George branch line of the Delaware
and Hudson Railway, and
WHEREAS, a request for abandonment has been submitted to the
New York State Department of Transportation, and
WHEREAS, the proposed abandonment involves a spur track, which
begins at the south line of East Lawrence Street, Mile Post A60.88,
in the City of Glens Falls, and ends at the track near Quaker Road,
Mile Post A62.55, in the Town of Queensbury, and
WHEREAS, certain information concerning the railroad is more
specifically set forth in a letter dated January 15, 1992 by
McNamee, Lochner, Titus & Williams, P.C., Attorneys for the
Delaware and Hudson Corporation, a copy of the same presented at
this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby
determines that the Town Board has no objection to the abandonment
of the aforedescribed Delaware and Hudson Railroad Spur Track,
provided that, should the aforementioned Delaware and Hudson
Railroad Spur Track be discontinued or abandoned,
l) that the issue of a previously agreed to license for the
placement of sewer pipes across property owned by the Delaware and
Hudson Corporation be addressed and that some arrangement
concerning the continued maintenance of the sewer pipes be made,
perhaps in the nature of an easement, and
2) that the rails and other components of the track will be
dismantled and removed from the area, at Delaware and Hudson
Corporation's expense, and that the land will be, in some fashion,
restored, as required by law, and
3) that New York State will have a preferential right to buy
the property from Delaware and Hudson and that, if the State does
not exercise the right, Delaware and Hudson will look into the
matter set forth in paragraph 4 below, and thereafter offer the
property for sale to adjoining landowners and then, if said
landowners were not interested in the purchase of the land, to
anyone else who may be interested, and
4) the issue of a bike trail over the current bed of the rail
road track be discussed with Delware and Hudson, the County, New
York State and D.O.T. in the event that some arrangements may be
made that would be satisfactory to the municipalities as well as
adjoining property owners
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby
authorizes the Town Supervisor of the Town of Queensbury to
transmit a letter to the Department of Transportation and McNamee,
Lochner, Titus & Williams, P.C., and all other interested parties,
setting forth the Town Board's position, as well as enclosing a
copy of this Resolution.
Duly adopted this 24th day of February, 1992, by the following
vote:
AYES : Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt
NOES : None
ABSENT : None
ABSTAIN : Mr. Caimano