Authorizes the city of New York to discontinue the use as parkland of a portion of Corporal Fischer park in the borough of the Bronx and to sell and convey such land upon terms and conditions to facilitate the construction of affordable housing.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8422
SPONSOR: Joyner TITLE OF BILL: An act to authorize the city of New York to discontin-
ue the use as parkland of a portion of Corporal Fischer Park in the
borough of the Bronx and to sell and convey such land upon terms and
conditions to facilitate the construction of affordable housing
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to authorize New York City to alienate
certain parkland.
SUMMARY OF PROVISIONS:
This legislation would:
*authorize the City of New York, acting by the Commissioner of the
Department of Parks and Recreation, of such city to discontinue the use
as parkland of a part of Corporal Fischer Park in the borough of the
Bronx, described in Section 4, and to sell such land upon terms and
conditions to facilitate the construction of affordable housing project
in which one hundred percent of the dwelling units will be occupied by
persons of low income as defined in Section 2 of the Private Housing
Finance Law;
*require that the city of New York to dedicate certain land known as
Corporal Irwin Fischer Place as parkland to be added to the part of
Corporal Fischer Park that is not being discontinued pursuant to this
act to form a newly configured Corporal Fisher Park;
*require the authorization contained in section one of this act to be
subject to condition that New York City perform capital improvements to
the newly configured Corporal Fischer Park so that the value of such
dedicate lands and capital improvements are equal to or greater than the
fair market value of the lands being discontinued as parkland;
*require, if the New York City Department of Housing Preservation and
Development fails to convey the discontinued parkland to facilitate the
construction of a housing project for occupancy by persons of low income
as defined in section two of the Private Housing Finance Law, such prop-
erty to revert back to the New York City Department of Parks and Recre-
ation to be used for park and recreational purposes; and,
*require, if the parkland to be discontinued received funds pursuant to
the federal land and water conservation fund, the discontinuance of
parkland authorized by this act will not take place until the city has
complied with the federal requirements pertaining to the conversion of
parkland, including satisfying all conditions that the secretary of the
interior deems necessary to assure that the substitution of other lands
shall be equivalent in fair market value and recreational usefulness to
the lands being discontinued.
JUSTIFICATION:
In the 1990s, the Department of Parks and Recreation ("Parks") sought
city approvals for the acquisition of a privately owned parcel (Block
2519, Lot 1) located between several city-owned properties, in order to
create a cohesive 1.5-acre park to be known as Corporal Fischer Park.
The park was to be created by combining the private lot with several
city-owned lots assigned to Parks (Block 2520, Lot 19; Block 2519, Lots
27 & 32), along with Corporal Irwin Fischer Place, an unbuilt mapped
street. The city was unable to acquire the privately owned lot which was
subsequently developed by the owner as housing, and the city-owned lots
were never improved for park purposes. Given the development of the
private lot as housing, the previously envisioned 1.5-acre Corporal
Fisher Park is no longer practical.
This legislation, and the related commitment of various city departments
and agencies, will ensure the alienation of parkland to provide for the
construction of affordable housing in a Bronx County community in which
the availability of affordable housing, particularly for seniors, is an
unmet need. This affordable housing will be constructed on the southern
city-owned lots (Block 2519, Lots 27 & 32). Accordingly under this
legislation, as part of the current land use application ULURP 170305
MMX, the city will alienate Blocks 2519, Lots 27 & 32.
This legislation, and the related commitment of various city departments
and agencies, will also ensure that the northern city-owned lot (Block
2520, Lot 19), along with the unbuilt Corporal Irwin Fischer Place, will
be developed as parkland. Accordingly under this legislation, Block
2520, Lot 19, along with Corporal Fischer Irwin Place, would be mapped
as a park and serve as replacement parkland. As a result of this recon-
figuration, the city would be able to move forward with the design and
development of a more cohesive and functional Corporal Fischer Park and
additional units of much needed affordable housing will be ensured.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
