Red Hook WatchIndependent Community Resource

Resolution to Discontinue a Portion of a Village Street (Morgan's Way)

↑Meetings/Resolutions/4-2018
One-time (complete)formal_resolutionone_timeThe Board of Trustees discontinues the 0.142 acre Subject Area (undeveloped parcel designated for a municipal commuter lot) as a Village street, finding it has never functioned as a street and is not necessary for public purpose, and directs the Clerk to update the Village road inventory.
First seen
2018-02-12
Latest event
2018-02-12
adopted
Expires
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Resolution text

RESOLVED

  1. the Board of Trustees makes the following findings of fact: (1) The Subject Area was never constructed, paved or otherwise opened as a Village street; (2) The Subject Area is not currently passable for ingress or egress by vehicular or other traffic; (3) The Subject Area does not connect to any other Village street and is not utilized as part of the Village street network; (4) The Subject Area is useless as a right of way and is not necessary for any public purpose
  2. the Subject Area is not and has not ever functioned as a Village street and otherwise serves no Village purpose or function
  3. it is in the public interest to discontinue the Subject Area as a Village street
  4. the Subject Area is hereby discontinued as a Village street
  5. the Clerk is hereby authorized and directed to update the Village's inventory of roads
Show preamble — 11 WHEREAS clauses
  • WHEREAS, the Village of Red Hook has established a municipal sewer system to serve the Village pursuant to Article 14 of the NYS Village Law (the "Sewer Project")
  • WHEREAS, in connection with the Sewer Project, the Village proposes to acquire a 10.662 acre parcel of property (the "Sewer Property") from Red Hook Commons Sewage-Works Corp. ("RH Commons") together with an existing sewer plant, located adjacent to Morgan's Way
  • WHEREAS, Morgan's Way was accepted for dedication as a Village street by the Village of Red Hook on April 7, 2008 but fee title to the roadbed was never conveyed to the Village and remained with Kearney Realty and Development Group, Inc.
  • WHEREAS, dedication of Morgan's Way included a 0.142 acre parcel of undeveloped property located adjacent to the travel way for use as a municipal commuter lot as more specifically described in Attachment A to this resolution and as depicted on the map prepared by Morris Associates included as Attachment B to this resolution (the "Subject Area")
  • WHEREAS, the Village no longer desires to establish a municipal commuter lot
  • WHEREAS, the Village and RH Commons desire to reconfigure Morgan's Way in connection with the acquisition of the Sewer Property which requires the Village to discontinue the Subject Area
  • WHEREAS, pursuant to §§ 6-612 and 6-614 of the Village Law, a village may by resolution discontinue dedication of a street in a village after a public hearing
  • WHEREAS, on February 8, 2016, the Village Board of Trustees adopted a negative declaration for the Sewer Project
  • WHEREAS, on June 8, 2017, the Planning Board adopted a negative declaration for the proposed lot line alteration for the Sewer Property which included the proposed discontinuance of the Subject Area
  • WHEREAS, the Board of Trustees scheduled a public hearing on the discontinuance of the Subject Area for February 12, 2018, notice of which was published in the Daily Freeman on January 30, 2018
  • WHEREAS, the duly noticed public hearing was held during which all those who wished to speak were heard

Lifecycle (1 event)

2018-02-12adoptedvote: unanimous
Discontinue a portion of Morgan's Way (0.142 acre Subject Area).
moved by Kovalchik · seconded by Blundell
Show text snapshot for this event
Resolved
  1. the Board of Trustees makes the following findings of fact: (1) The Subject Area was never constructed, paved or otherwise opened as a Village street; (2) The Subject Area is not currently passable for ingress or egress by vehicular or other traffic; (3) The Subject Area does not connect to any other Village street and is not utilized as part of the Village street network; (4) The Subject Area is useless as a right of way and is not necessary for any public purpose
  2. the Subject Area is not and has not ever functioned as a Village street and otherwise serves no Village purpose or function
  3. it is in the public interest to discontinue the Subject Area as a Village street
  4. the Subject Area is hereby discontinued as a Village street
  5. the Clerk is hereby authorized and directed to update the Village's inventory of roads
Whereas
  • WHEREAS, the Village of Red Hook has established a municipal sewer system to serve the Village pursuant to Article 14 of the NYS Village Law (the "Sewer Project")
  • WHEREAS, in connection with the Sewer Project, the Village proposes to acquire a 10.662 acre parcel of property (the "Sewer Property") from Red Hook Commons Sewage-Works Corp. ("RH Commons") together with an existing sewer plant, located adjacent to Morgan's Way
  • WHEREAS, Morgan's Way was accepted for dedication as a Village street by the Village of Red Hook on April 7, 2008 but fee title to the roadbed was never conveyed to the Village and remained with Kearney Realty and Development Group, Inc.
  • WHEREAS, dedication of Morgan's Way included a 0.142 acre parcel of undeveloped property located adjacent to the travel way for use as a municipal commuter lot as more specifically described in Attachment A to this resolution and as depicted on the map prepared by Morris Associates included as Attachment B to this resolution (the "Subject Area")
  • WHEREAS, the Village no longer desires to establish a municipal commuter lot
  • WHEREAS, the Village and RH Commons desire to reconfigure Morgan's Way in connection with the acquisition of the Sewer Property which requires the Village to discontinue the Subject Area
  • WHEREAS, pursuant to §§ 6-612 and 6-614 of the Village Law, a village may by resolution discontinue dedication of a street in a village after a public hearing
  • WHEREAS, on February 8, 2016, the Village Board of Trustees adopted a negative declaration for the Sewer Project
  • WHEREAS, on June 8, 2017, the Planning Board adopted a negative declaration for the proposed lot line alteration for the Sewer Property which included the proposed discontinuance of the Subject Area
  • WHEREAS, the Board of Trustees scheduled a public hearing on the discontinuance of the Subject Area for February 12, 2018, notice of which was published in the Daily Freeman on January 30, 2018
  • WHEREAS, the duly noticed public hearing was held during which all those who wished to speak were heard
Subject key: morgans_way_discontinuance