Referred to: The Economic Development, Tourism, Housing, Planning and Transit Committee (Chairman Cahill and Legislators Archer, Corcoran, Delaune, Litts, Maio, and Uchitelle), and The Ways and Means Committee (Chairwoman Archer and Legislators Bartels, Gavaris, Haynes, Maio, Ronk, and Walter)

Chairman of the Economic Development, Tourism, Housing, Planning, and Transit Committee, Brian B. Cahill, and Deputy Chair Herbert Litts, III offer the following:

WHEREAS, this resolution has been submitted by the County Executive on behalf of the Department of Planning; and

WHEREAS, an abutting landowner has requested that lands originally purchased for highway purposes in the Town of Ulster, along Route 9W (Ulster Avenue) located in and around 1905 Ulster Avenue be considered no longer needed or useful for such purpose; and

WHEREAS, the New York State Department of Transportation (NYSDOT) has maintenance jurisdiction over the land requested for state highway purposes located on a portion of NYS Route 9W – State Highway No. 5000 in the Town of Ulster as depicted on Map No. 18.6 and 18.8; and

WHEREAS, NYSDOT has determined that a portion of the lands requested can be released from their maintenance and jurisdiction as the lands are no longer needed or useful for highway purposes; and

WHEREAS, Section 10(32) of Highway Law authorizes the New York State Commissioner of Transportation, upon proper request by a municipality, to release of lands from maintenance and jurisdiction to a municipality when such lands are no longer needed by or useful to the state highway system; and

WHEREAS, upon such release by NYSDOT, the lands in question would revert to Ulster County; and

WHEREAS, pursuant to Section 118-a of Highway Law, the County of Ulster may abandon lands no longer necessary for highway purposes to an abutting property owner; and

WHEREAS, such a request has been made by the owner of lands located at 1905 Ulster Avenue for the purpose of establishing a car dealership parking area on the lands no longer needed for highway purposes; now therefore, be it

RESOLVED, the Chair of the Ulster County Legislature is hereby authorized to request that NYSDOT release jurisdiction over the that portion of the parcels located in the Town of Ulster as shown of Exhibit 1 as filed with the Clerk of the Legislature; and, be it further

RESOLVED, the Chair of the Ulster County Legislature is hereby authorized to request NYSDOT to release jurisdiction over the that portion of the parcels located in the Town of Ulster adjoining 1905 Ulster Avenue Ulster Avenue if so requested by those landowners and upon a finding that the lands are no longer needed for highway purposes by NYSDOT,

and moves its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES:                        NOES:    

Passed Committee:  Economic Development, Tourism, Housing, Planning and Transit on ______________.

Passed Committee:  Ways and Means on ______________.

FINANCIAL IMPACT:

NONE