689.92
RESOLUTION CONCERNING ABANDONMENT OF DELAWARE & HUDSON
RAILROAD SPUR TRACK
RESOLUTION NO. 689, 92
INTRODUCED BY: Mr. Michel Brandt
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town Board of the Town of Queensbury was
previously advised that the Delaware & Hudson Co., was attempting
to abandon a portion of the Lake George Branch Line of the Delaware
& Hudson Railway, and
WHEREAS, the said Town Board previously adopted resolution no.
140, 1992 which generally indicated that the Town Board had no
objection to the abandonment of the aforedescribed Delaware &
Hudson Railroad Spur Track, provided that certain issues could be
addressed, and
WHEREAS, the New York State Department of Transportation has
issued an Order providing that the Delaware & Hudson Railway Co.,
may abandon the aforesaid Spur Track, conditioned upon the said
Company being responsible for the removal of grade crossings and
restoring the land according to the New York State Railway Law, as
well as removing crossing signals, a copy of said Order being
present at this meeting, and
WHEREAS, the New York State Department of Transportation has
also advised the Supervisor by way of letter dated December 2, 1992
that the Order has been adopted and that should the Company decide
to sell the property, a departmental review will be required to
address the State's preferential acquisition right to the property
and that further communications will occur with the Town at that
time, and
WHEREAS, the Town Board, by this resolution, wishes to state
and set forth its directive of policy, as well as objectives it
desires the Town Supervisor and Town Attorney to accomplish on
behalf of the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury
hereby:
1) acknowledges receipt of the Order of abandonment of the
aforedescribed Delaware & Hudson Railroad Spur Track and indicates
it has no objection thereto,
2) that the Town Supervisor and Town Attorney be authorized
to continue to communicate and seek from the Delaware & Hudson Co.,
or if appropriate, successors in interest, an agreement or some
other arrangement by which sewer pipes may be continued to be
maintained in the area of the abandoned Railroad Track, and
3) indicates that it is in favor of the County of Warren
acquiring the property upon which the aforesaid Railroad Spur
existed for the purpose of extending the existing County Bike Trail
and seeking any available Federal or State funding, and
4) that the Town Board respects the jurisdictional boundary
between the Town of Queensbury and City of Glens Falls, and nothing
in this resolution should be construed as an attempt by the Town of
Queensbury to, in any event, suggest, recommend, or otherwise
concern themselves with what may happen to the property upon which
the abandoned railroad is situated in the City of Glens Falls. The
Town Board, however, request that the City of Glens Falls consider
the intermunicipal benefits of extending the Bike Trail. Such an
extension would benefit the Feeder Canal Project area, as well as
encourage the joining together of the communities affected by the
Bike Trail for mutually beneficial recreational purposes.
Duly adopted this 28th day of December, 1992, by the following
vote:
AYES : Mrs. Monahan, Mr. Tucker, Mr. Brandt
NOES : None
ABSENT: Mrs. Goetz
ABSTAIN: Mr. Caimano