NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5088A
SPONSOR: Ramos TITLE OF BILL: An act to amend chapter 635 of the laws of 1987,
establishing the Oak Brush Plain State Preserve, located on Long Island,
in relation to the acquisition of lands previously comprising Pilgrim
State Hospital
PURPOSE:
This bill requires the state of New York to transfer certain lands to
the Oak Brush Plains State Preserve by December 1, 2018.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends sections 7 and 8 of Chapter 635 of the Laws
of 1987 by requiring the commissioner of general services, or any other
successor in title, to transfer certain lands now or formerly within the
Pilgrim State Hospital site on Long Island into the Oak Brush Plains
State Preserve, and to further require the transfer of the same lands
into the State Nature and Historical Preserve, by December 1, 2017. The
bill also reserves a small parcel for use by the Town of Islip for a
town street or highway.
Section 2 provides the effective date.
EXISTING LAW:
Chapter 635 of the Laws of 1987 established the Oak Brush Plains State
Preserve on Long Island. Section 7 of Chapter 635 required the office of
general services to transfer to the Oak Brush Plains State Preserve the
lands comprising the Pilgrim State Hospital that were not necessary for
hospital use and where native foliage could reasonably be reestablished.
JUSTIFICATION:
Chapter 635 of the Laws of 1987 established the Oak Brush Plains State
Preserve on Long Island in the Towns of Babylon and Huntington. The
Preserve represented the last vestiges of a transitional forest between
the historical grassy plains of central Nassau County. and the pine
lands of central and eastern Long Island. Its creation was recommended
in 1984 by the Citizens Task Force on the Pilgrim Edgewood State Proper-
ties. The Task Force also recommended that certain lands contained with-
in the Pilgrim State Hospital grounds be transferred into the Preserve.
Due to this recommendation, section 7 of Chapter 635 required the
Commissioner of OGS to arrange for the transfer to the Preserve "such
lands now comprising Pilgrim State Hospital now or hereafter not neces-
sary for use by Pilgrim State Hospital..."
More than twenty years have elapsed since Chapter 635 of the Laws of
1987 was enacted and the Pilgrim State Hospital land has not been
annexed to the Preserve. In recent years, however, the Pilgrim State
Hospital land had been considered as a possible site for the New York
State Department of Transportation to construct a large commercial
multi-modal project known as the Long Island Truck & Rail Inter Modal
(LITRIM) Facility. The Region 10 Staff of the New York State Department
of Transportation dedicated a tremendous amount of time and energy into
the planning of the LITRIM project with the goal of reducing long haul
truck traffic on the roads of Long Island. While the sponsors recognize
and support the need for the development of alternative methods of
freight movement on and off Long Island in order to reduce the burden of
long haul trucking on the highways of Long Island, the Pilgrim State
Hospital location, due to recent substantial commercial development in
the surrounding areas, is unsuitable for a multi-modal facility. Today,
the area immediately surrounding the land is so vastly different than it
was just a few years ago when the LITRIM project was first proposed. The
recent approval of three major construction projects by town officials
has so overburdened this area with traffic congestion that the State
should not support yet another project that would further exacerbate the
traffic congestion problem in this area. Consequently, this area should
not undergo further development and the subject land should be trans-
ferred to the Edgewood Preserve as originally called for in 1987, thus
ensuring more green space and mitigating future traffic congestion.
LEGISLATIVE HISTORY:
A4790 of 2015-16 referred to tourism, parks, arts and sports development
A6169 OF 2013-14 referred to tourism, parks, arts and sports development
A3836A OF 2011-12 amend and recommit to tourism, parks & sports develop-
ment
A6156B of 2009-10 amend and recommit to tourism, parks & sports develop-
ment
A.9870A of 2008 VETOED Memo.73
FISCAL IMPLICATIONS:
Minimal transactional costs.
LOCAL FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5088--A
2017-2018 Regular Sessions
IN ASSEMBLY
February 6, 2017
___________
Introduced by M. of A. RAMOS, ENGLEBRIGHT, RAIA -- read once and
referred to the Committee on Tourism, Parks, Arts and Sports Develop-
ment -- recommitted to the Committee on Tourism, Parks, Arts and
Sports Development in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend chapter 635 of the laws of 1987, establishing the Oak
Brush Plain State Preserve, located on Long Island, in relation to the
acquisition of lands previously comprising Pilgrim State Hospital
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Sections 7 and 8 of chapter 635 of the laws of 1987, estab-
2 lishing the Oak Brush Plain State Preserve, located on Long Island,
3 section 8 as amended by chapter 209 of the laws of 1989, are amended to
4 read as follows:
5 § 7. (a) The commissioner of the office of general services, the
6 dormitory authority of the state of New York or any other successor in
7 title shall [arrange for the] transfer to the Oak Brush Plain State
8 Preserve such lands now or formerly comprising a portion of the Pilgrim
9 State Hospital [now or hereafter not necessary for use by Pilgrim State
10 Hospital and] where native foliage may reasonably be reestablished.
11 (b) The lands to be transferred shall be approximately 118 acres, more
12 or less, now or formerly comprising Pilgrim State Hospital and shall not
13 include any land previously transferred to the Power Authority of the
14 state of New York and the Long Island Power Authority and generally
15 described as follows:
16 ALL that piece or parcel of land situate in the Town of Islip, County
17 of Suffolk, State of New York generally described as follows;
18 BEGINNING at a point on the boundary line between the Town of Hunting-
19 ton and the Town of Islip at the northwest corner of a parcel of land
20 conveyed to Long Island Power Authority said point also being on the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08839-03-8
A. 5088--A 2
1 easterly bounds of an 81.4 acre parcel of land transferred from the
2 Office of Mental Health to the Department of Environmental Conservation
3 on January 13, 1999,
4 THENCE from said point of beginning along the easterly bounds of said
5 81.4 acre parcel of land the following two courses and distances:
6 1) N. 0° 36' 52" W. a distance of 156.10 feet to a point; and
7 2) N. 0° 59' 13" E. a distance of 1063.76 feet to a point;
8 THENCE through the lands now or formerly of the People of the State of
9 New York, Pilgrim Psychiatric Center, the following 11 courses and
10 distances:
11 1) N. 89° 41' 36" E. a distance of 788.41 feet to a point;
12 2) S. 44° 44' 39" E. a distance of 42.80 feet to a point;
13 3) N. 67° 37' 46" E. a distance of 174.25 feet to a point;
14 4) S. 22° 59' 01" E. a distance of 360.19 feet to a point;
15 5) N. 67° 09' 21" E. a distance of 405.98 feet to a point;
16 6) S. 22° 51' 14" E. a distance of 638.85 feet to a point;
17 7) S. 63° 51' 55" E. a distance of 1,224.63 feet to a point;
18 8) N. 68° 02' 05" E. a distance of 143.78 feet to a point;
19 9) S. 21° 57' 55" E. a distance of 253.50 feet to a point;
20 10) S. 45° 11' 47" E. a distance of 774.45 feet to a point;
21 11) S. 0° 34' 26" E. a distance of 340.00 feet to a point on the
22 southerly bounds of said lands of Pilgrim Psychiatric Center;
23 THENCE along said southerly boundary the following two courses and
24 distances:
25 1) S. 89° 25' 34" W. a distance of 100.00 feet to a point; and
26 2) S. 89° 29' 29" W. a distance of 2,987.71 feet to a point;
27 THENCE N. 0° 26' 29" E. a distance of 486.53 feet to a point at the
28 southwest corner of lands conveyed to Long Island Power Authority;
29 THENCE along the southerly, easterly and northerly bounds of said
30 lands of Long Island Power Authority the following three courses and
31 distances:
32 1) S. 89° 33' 31" E. a distance of 287.46 feet to a point;
33 2) N. 0° 26' 29" E. a distance of 790.75 feet to a point; and
34 3) S. 67° l2' 38" W. a distance of 312.83 feet to a point at the
35 northeast corner of lands conveyed to the Power Authority of the State
36 of New York;
37 THENCE along the northerly bounds of said lands to and along the east-
38 erly and northerly bounds of other lands conveyed to Long Island Power
39 Authority the following three courses and distances:
40 1) S. 67° 12' 38" W. a distance of 152.50 feet to a point;
41 2) N. 23° 53' 06" W. a distance of 201.65 feet to a point; and
42 3) S. 67° 12' 38" W. a distance of 367.44 feet to the point or place
43 of beginning; containing 117.7 acres of land, more or less.
44 Subject to easement rights of others as they may exist.
45 EXCEPTING THEREFROM, all that certain plot, piece or parcel of land
46 situate, lying and being at Brentwood, Town of Islip, County of Suffolk
47 and State of New York, being bounded and described as follows:
48 BEGINNING at a point on the division line between the property now or
49 formerly of the People of the State of New York, Pilgrim Psychiatric
50 Center on the north and land now or formerly of the Long Island State
51 Park Commission Sagtikos State Parkway (Map 23R-I821, Parcel IV dated
52 January 20, 1940) on the south, distant 624.61 feet westerly from the
53 intersection of said division line with the westerly side of Sagtikos
54 Parkway, said point being the northeasterly corner of land now or
55 formerly of Town of Islip Industrial Development Agency;
A. 5088--A 3
1 RUNNING THENCE South 89 degrees 29 minutes 29 seconds West, along land
2 now or formerly of Town of Islip Industrial Development Agency 110.00
3 feet
4 THENCE North 00 degrees 34 minutes 26 seconds West, 15.71 feet;
5 THENCE North 15 degrees 48 minutes 56 seconds East, 431.19 feet;
6 THENCE South 45 degrees 11 minutes 47 seconds East, 125.75 feet;
7 THENCE South 15 degrees 48 minutes 56 seconds West, 354.40 feet to the
8 northerly side of land now or formerly of the Long Island State Park
9 Commission Sagtikos State Parkway (Map 23R-I821, Parcel IV dated January
10 20, 1940) and the POINT OR PLACE OF BEGINNING.
11 Containing: 44,072 square feet or 1.0117 acres of land, more or less.
12 (c) The description of the lands to be transferred pursuant to subdi-
13 vision (b) of this section is not intended to be a legal description,
14 but is intended only to identify the premises to be transferred. The
15 office of general services may prepare an accurate survey and
16 description of such lands which may be used in the transfer thereof.
17 (d) The commissioner of the office of general services, the dormitory
18 authority of the state of New York or any other successor in interest at
19 the time of the transfer of the lands into the Oak Brush Plain State
20 Preserve shall also convey the excepted parcel of land specifically
21 described in subdivision (b) of this section to the Town of Islip for
22 street or highway purposes for the consideration of one dollar;
23 provided, however, that such excepted parcel shall revert and be
24 conveyed to the state of New York for inclusion in the Oak Brush Plain
25 State Preserve if the Town of Islip shall at any time cease to use the
26 excepted parcel for town street or highway purposes.
27 (e) On or after the effective date of the chapter of the laws of 2018
28 which added this subdivision, the commissioner of the office of general
29 services, the dormitory authority of the state of New York or any
30 successor in interest shall not sell, transfer or convey any of the land
31 in this act to a party not authorized to have such lands sold, trans-
32 ferred or conveyed to it pursuant to this act.
33 § 8. Notwithstanding the provisions of section 45-0113 of the environ-
34 mental conservation law or any other law, rule or regulation to the
35 contrary, the lands constituting the Oak Brush Plain State Preserve
36 shall be acquired by the state nature and historical preserve on January
37 1, 1991 and shall be dedicated for the purposes of article [forty-five]
38 45 of such law; provided, however, that the lands transferred to the Oak
39 Brush Plain State Preserve pursuant to section seven of this act shall
40 be acquired by the state nature and historical preserve on or before
41 December 1, 2018 and shall be dedicated for the purposes of such article
42 45.
43 § 2. This act shall take effect immediately.
