168.92
RESOLUTION REQUESTING TRANSFER OF PROPERTY
OWNED BY THE STATE OF NEW YORK FOR TOWN HIGHWAY PURPOSES
RESOLUTION NO. 168, 92
, Introduced by Mr. Pliney Tucker who moved
for its adoption, seconded by Mr. Nick Caimano.
WHEREAS, on or about the 12th day of December, 1991, the
Town Board of the Town of Queensbury adopted a resolution amending
the Town of Queensbury Zoning Ordinance and map and rezoned a
portion of property owned by J. Buckley Bryan Jr. bearing Town of
Queensbury Tax Map No. 73-1-22; said portion of property consisting
of approximately 5+/- acres situated in the southeasterly corner of
the aforesaid parcel, and
WHEREAS, the aforedescribed resolution authorizing the
rezoning changed the original zoning designation of RR-3A (Rural
Residential - One principal building allowed for every three acres
within the zone) to the zoning designation of MR-5 (Multi-Family
Residential - One dwelling unit for every 5,000 square feet of land
area within the zone) subject to certain conditions as more
specifically set forth in Resolution 662 of 1991, and
WHEREAS, the principal purpose of the aforesaid rezoning
was to allow the establishment of a 41-unit HUD Section 202 project
for senior citizens, and
WHEREAS, although the property does front on Fox Farm
Road and it would appear possible to access the property from Manor
Drive, the parcel to be developed does not directly adjoin Fox Farm
Road and the Town Board, as a condition of the rezoning, indicated
that there shall be no access or egress from Fox Farm Road and it
would appear better and more practical to have access from Farr
Lane, and
WHEREAS, in order for there to be access to the
aforesaid property from Farr Lane, it is necessary to cross lands
currently owned by the State of New York with a Town Highway, and
WHEREAS, contact with the State of New York, more
specifically with Colonel Johnson and Mr. Charles Flanagan, was
made and a request was made as to whether the State would convey a
portion of the lands owned by the State of New York to the Town of
Queensbury so that a Town Highway could be established over the
property, and
WHEREAS, Mr. Flanagan has advised that, if the property
is desired for highway purposes, the Town Board of the Town of
Queensbury should adopt a resolution indicating that the property
is desired for highway purposes and apply to the Commissioner of
General Services for a conveyance of the property,
NOW, THEREFORE, BE IT
RESOLVED, the Town Board of the Town of Queensbury
hereby states that for the reasons set forth herein it desires to
arrange for access to the rezoned property from Farr Lane by an
entering Farr Lane (a Town road) over the property owned by the
State of New York as the most practical access to the aforesaid
rezoned property, and
BE IT FURTHER
RESOLVED, the Town Board of the Town of Queensbury
hereby authorizes Councilwoman, Betty Monahan, on behalf of the
Town Supervisor to complete all necessary documents and make
application to the State of New York for a conveyance of the
property to the Town of Queensbury and send any other letters that
may be necessary to the Commissioner of General Services requesting
such transfer, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury
hereby acknowledges and understands that in the event that the
State does convey the property to the Town of Queensbury, the same
will be conveyed at no cost and that the same must be restricted to
highway use and, if necessary, the installation of sewer, water or
other types of utilities and in the event the Town ever ceases to
use the property for highway purposes, the same will revert to the
State.
Duly adopted this 9th day of March, 1992, by the
following vote:
AYES : Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt
NOES : None
ABSENT : None