NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6916A
SPONSOR: Hawley TITLE OF BILL:
An act authorizing the city of Batavia to alienate certain parklands for
use as a municipal parking lot and to preserve the historic Brisbane
mansion
PURPOSE OR GENERAL IDEA OF BILL:
Authorizes the city of Batavia to alienate certain parklands for use as
a municipal parking lot and to preserve the historic Brisbane mansion.
SUMMARY OF PROVISIONS:
Section 1. Subject to the provisions of this act, the city of Batavia,
is hereby authorized, acting by and through its governing body, and upon
such terms and conditions as determined by, and in the sole discretion
of, such governing body, to: (a) alienate a municipal surface parking
lot adjacent to parkland; and (b) to discontinue an alienate the "Bris-
bane Mansion" adjacent to parkland. The original deed for the property
included the "Brisbane Mansion", adjacent parking lot and the park known
as "Austin Park".
Section 2. Whereas because the parking lot and "Brisbane Mansion" are
not recreational green space parkland, the city will not need to dedi-
cate lands of equal or greater fair market value in the City of Batavia.
Section 3. The lands authorized by section one of this act that are to
be discontinued as parklands are explained.
Section 4. In the event that the City of Batavia received any funding
support or assistance from the federal government for the purchase,
maintenance or improvement of the parklands set forth in section three
of this act, the discontinuance and alienation of such parkland author-
ized by the provisions of section three of this act shall not occur
until the City of Batavia has complied with any federal requirements
pertaining to the alienation or conversion of such parklands, including
satisfying the secretary of•the interior that the alienation or conver-
sion complies with all conditions which the secretary of the interior
deems necessary to assure the substitution of other lands shall be
equivalent in fair market and usefulness to the lands being alienated or
converted.
Section 5. This act shall take effect immediately.
JUSTIFICATION:
Austin Park was deeded to the City.of Batavia in 1917 by James Brisbane.
The original parcel included the Brisbane Mansion (now housing the Bata-
via Police Station) and adjacent land which is now Austin Park and a
free municipal surface parking lot. Austin Park and adjacent parking
lot.are made up of 6.54 acres. The parcel containing the Brisbane
Mansion is another .96 acres. The portion of the park that is a Free
Municipal Parking lot is .65 of the parcels making up the parkland. The
Brisbane Mansion is an additional .96 acres. The parking lot is a Free
Municipal lot used by the City of Batavia. The Brisbane Mansion current-
ly houses the Batavia Police Station. The City of Batavia is building a
new Police Station which is set to open in the Fall of 2025 and the City
intends to make the building available for renovation and restoration
with either a boutique hotel or market rate apartments. Public parking
and parking for guests will continue to be available. The above-men-
tioned Brisbane Mansion was erected in 1853, two additions were made to
the building in the mid 1900's. Additionally, there is an original bath-
room building built in the 1930's and a picnic pavilion built in 1975.
There are no archeological resources.
The City of Batavia wishes to alienate the parking lot so it can remain
a Free Municipal Parking lot serving the downtown business as well as
the park. The Brisbane Mansion will be sold and revitalized by a devel-
oper and put back on the tax rolls to become either market rate apart-
ments or a boutique hotel. The reuse of the Brisbane Mansion has the
potential to bring more people downtown and subsequently more people
using the park. The city currently does not have a hotel or motel
located downtown. There will be no effect on the remaining parkland.
The alienation will define and preserve the boundary of existing green
space in Austin Park, the parking lot and the Brisbane Mansion.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
6916--A
2025-2026 Regular Sessions
IN ASSEMBLY
March 18, 2025
___________
Introduced by M. of A. HAWLEY -- read once and referred to the Committee
on Cities -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT authorizing the city of Batavia to alienate certain parklands for
use as a municipal parking lot and to preserve the historic Brisbane
mansion
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subject to the provisions of this act, the city of Batavia,
2 located in the county of Genesee, acting by and through its governing
3 body and upon such terms and conditions as determined by such body, is
4 hereby authorized to discontinue as parklands and to sell and convey at
5 fair market value the lands more particularly described in section three
6 of this act, for the purposes of providing free municipal parking and
7 preserving the historic Brisbane mansion for residential or hotel uses.
8 § 2. The authorization contained in section one of this act shall only
9 be effective on the condition that the city of Batavia dedicate an
10 amount equal to or greater than the fair market value of the parklands
11 being alienated pursuant to section one of this act towards the acquisi-
12 tion of new parklands and/or capital improvements to existing park and
13 recreational facilities.
14 § 3. The parklands authorized by section one of this act to be discon-
15 tinued as parklands are described as follows:
16 ALL that tract or parcel of land, situate in the City of Batavia,
17 County of Genesee and State of New York, being part of Original Village
18 Lots 15 and 16 and part of the alley adjoining Lot 16 on the east, and
19 more particularly described as follows:
20 Beginning at a point on the northerly street line of East Main Street
21 at the southwest corner of land owned by the United States Government,
22 known as the Post Office property, said point being N 79°47'00" W,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10868-02-5
A. 6916--A 2
1 149.68' from the intersection of the northerly street line of East Main
2 Street and the westerly street line of Jefferson Avenue;
3 Thence N 79°47'00" W, along the northerly street line of East Main
4 Street, a distance of 50.39' to a point;
5 Thence N 58°32'00" W, along the northerly street line of West Main
6 Street, a distance of 147.05' to a point;
7 Thence N 30°40'00" E, along the easterly line of lands of the County
8 of Genesee, a distance of 133.04' to a point;
9 Thence S 59°20'00" E, continuing along the easterly line of lands of
10 the County of Genesee, a distance of 25.00' to a point;
11 Thence N 30°40'00" E, continuing along the easterly line of lands of
12 the County of Genesee, a distance of 120.00' to a point;
13 Thence N 59°20'00" W, continuing along the easterly line of lands of
14 the County of Genesee, a distance of 31.00' to a point;
15 Thence N 30°40'00" E, continuing along the easterly line of lands of
16 the County of Genesee and an extension thereof, a distance of 55.00' to
17 a point;
18 Thence S 59°04'00" E a distance of 341.61' to a point on the westerly
19 street line of Jefferson Avenue;
20 Thence S 30°56'00" W, along the westerly street line of Jefferson
21 Avenue, a distance of 83.60' to a point, said point being the northeast
22 corner of the Post Office property, said point also being N 30°56'00" E,
23 155.00' from the intersection of the northerly street line of East Main
24 Street and the westerly street line of Jefferson Avenue;
25 Thence N 59°04'00" W, along the northerly line of the Post Office
26 property, a distance of 140.00' to a point, said point being the north-
27 west corner of the Post Office property;
28 Thence S 30°56'00" W, along the westerly line of the Post Office prop-
29 erty, a distance of 207.95' to the point of beginning, containing 1.580
30 +/- acres.
31 § 4. In the event that the city of Batavia received any funding
32 support or assistance from the federal government for the purchase,
33 maintenance or improvement of the parklands set forth in section three
34 of this act, the discontinuance and alienation of such parkland author-
35 ized by the provisions of this act shall not occur until the city of
36 Batavia has complied with any federal requirements pertaining to the
37 alienation or conversion of parklands, including satisfying the secre-
38 tary of the interior that the alienation or conversion complies with all
39 conditions which the secretary of the interior deems necessary to assure
40 the substitution of other lands shall be equivalent in fair market value
41 and usefulness to the lands being alienated or converted.
42 § 5. This act shall take effect immediately.
