STATE OF NEW YORK
________________________________________________________________________
S. 6292 A. 8099
2019-2020 Regular Sessions
SENATE - ASSEMBLY
June 3, 2019
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IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Rules
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Local Governments
AN ACT to authorize the town of Brookhaven, county of Suffolk, to alien-
ate certain parklands and to dedicate other lands as parklands
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 town of Brookha-
2 ven, acting by and through its governing body and upon such terms and
3 conditions as determined by such body is hereby authorized to discontin-
4 ue as parkland and to alienate the lands described in section three of
5 this act for drainage purposes including the installation of drainage
6 pipes.
7 § 2. The authorization provided in section one of this act shall be
8 effective only upon the condition that East Moriches Realty, LLC, convey
9 to the town of Brookhaven, and that the town of Brookhaven acquire and
10 dedicate the lands described in section four of this act as parklands,
11 provided that the town of Brookhaven has never used such lands for
12 public open space or park purposes.
13 § 3. The parklands authorized by section one of this act to be alien-
14 ated as parklands is described as follows:
15 ALL that certain plot, piece or parcel of land, situate, lying and
16 being in the Town of Brookhaven, County of Suffolk and State of New
17 York, being more particularly bounded and described as follows:
18 BEGINNING at a point on the easterly side of Montauk Avenue (aban-
19 doned), said point being distant the following two (2) courses and
20 distances from the easterly end of a curve connecting the easterly side
21 of Boisenberry Lane with the northeasterly side of Sweetberry Avenue:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11997-01-9
S. 6292 2 A. 8099
1 1) Northeasterly, easterly and southeasterly along Sweetberry Avenue,
2 a distance of 569.42 feet
3 2) North 84 degrees 54 minutes 52 seconds East, 268.08 feet to the
4 easterly side of Montauk Avenue (abandoned), the point or the place of
5 BEGINNING;
6 RUNNING THENCE along the easterly side of Montauk Avenue (abandoned),
7 South 05 degrees 05 minutes 08 seconds East, 224.00 feet;
8 THENCE South 84 degrees 54 minutes 52 seconds West, 50.00 feet to the
9 westerly side of Montauk Avenue (abandoned);
10 THENCE along the westerly side of Montauk Avenue (abandoned), North 05
11 degrees 05 minutes 08 seconds West, 224.00 feet;
12 THENCE North 84 degrees 54 minutes 52 seconds East, 50.00 feet to the
13 easterly side of Montauk Avenue (abandoned) at the point or place of
14 BEGINNING.
15 AREA OF DESCRIBED PARCEL = 11,200 square feet more or less, or .2571
16 acres
17 § 4. Prior to the discontinuance and alienation of the parklands
18 described in section three of this act, the town of Brookhaven shall
19 dedicate as parklands such land described as follows:
20 ALL that certain plot, piece or parcel of land, situate East Moriches,
21 Town of Brookhaven, County of Suffolk and State of New York, known as
22 Lot 1861, part of Lots 1862, 1863 and 1864, and a portion of the easter-
23 ly half of Montauk Avenue (not open or in use) on a certain map entitled
24 "Forest Park," filed in the Suffolk County Clerk's Office on April 8,
25 1911 as Filed Map No. 649; hereinafter described parcel is also shown on
26 a survey prepared by D'Amaro Engineering and Surveying, P.C. (dated
27 March 20, 2019; Surveyor's Job No. S16000) designated as "Open Space to
28 be Dedicated to the Town of Brookhaven, Area = 233,425 square feet,
29 5.3587 Acres" prepared for the Map of Oriole Run (not yet filed); and
30 being more particularly bounded and described as follows:
31 BEGINNING at a point and at the northwest corner of Lot 1861 as shown
32 on said Map of Forest Park, distant the following three (3) courses and
33 distances from the easterly end of a curve connecting the northerly side
34 of Sweetberry Avenue with the easterly side of Boisenberry Lane as shown
35 on a certain map entitled "Southwind Estates," filed in the Suffolk
36 County Clerk's Office on June 24, 2005 as Filed Map No. 11281:
37 1. RUNNING along the northerly and easterly side of Sweetberry Avenue,
38 a distance of 569.42 feet to the filed map line;
39 2. North 84 degrees 54 minutes 52 seconds East along the filed map
40 line, a distance of 268.08 feet; and,
41 3. South 5 degrees 05 minutes 08 seconds East along the dividing line
42 between Lot 1860 as shown on the map of Forest Park and an abandoned
43 portion of Montauk Avenue conveyed to the Town of Brookhaven by deed
44 Liber 12666 Page 147, a distance of 224.00 feet to the true point of
45 beginning.
46 THENCE RUNNING from said beginning point North 84 degrees 54 minutes
47 52 seconds East along the dividing line between Lot 1860 and Lot 1861 as
48 shown on the map of Forest Park, a distance of 516.74 feet to lands now
49 or formerly of the Town of Brookhaven;
50 THENCE South 5 degrees 19 minutes 07 seconds East along the dividing
51 line between Lots 1861 through 1864 inclusive as shown on the map of
52 Forest Park and aforementioned land of the Town of Brookhaven, a
53 distance of 793.22 feet to the northeast corner of lands now or formerly
54 of Nicolia Brothers Corp.;
S. 6292 3 A. 8099
1 THENCE South 74 degrees 34 minutes 49 seconds West along the southerly
2 line of Lot 1864 as shown on the map of Forest Park, a distance of
3 127.02 feet;
4 THENCE North 5 degrees 05 minutes 08 seconds West through Lots 1862
5 through 1864 inclusive as shown on the map of Forest Park, a distance of
6 430.03 feet;
7 THENCE South 84 degrees 54 minutes 52 seconds West, a distance of
8 205.00 feet;
9 THENCE North 5 degrees 05 minutes 08 seconds West, a distance of
10 130.00 feet;
11 THENCE South 84 degrees 54 minutes 52 seconds West, a distance of
12 215.00 feet to the centerline of Montauk Avenue as shown on the map of
13 Forest Park;
14 THENCE North 5 degrees 05 minutes 08 seconds West along the centerline
15 of Montauk Avenue, a distance of 255.97 feet to a point;
16 THENCE North 84 degrees 54 minutes 52 seconds East, a distance of
17 25.00 feet to the point or place of BEGINNING.
18 § 5. In the event that the fair market value of the parklands
19 described in section four of this act to be dedicated as parklands by
20 the town of Brookhaven pursuant to this act are not equal to or greater
21 than the fair market value of the parklands described in section three
22 of this act being alienated as parklands, the town of Brookhaven shall
23 dedicate the difference of the fair market value of the lands to be
24 alienated and the lands to be dedicated for the acquisition of addi-
25 tional parklands and/or capital improvements to existing park and recre-
26 ational facilities.
27 § 6. In the event that the town of Brookhaven received any funding
28 support or assistance from the federal government for the purchase,
29 maintenance or improvement of the parklands set forth in section three
30 of this act, the discontinuance and alienation of such parkland author-
31 ized by the provisions of this act shall not occur until the town of
32 Brookhaven has complied with any federal requirements pertaining to the
33 alienation or conversion of parklands, including satisfying the secre-
34 tary of the interior that the alienation or conversion complies with all
35 conditions which the secretary of the interior deems necessary to assure
36 the substitution of other lands shall be equivalent in fair market value
37 and recreational usefulness to the lands being alienated or converted.
38 § 7. This act shall take effect immediately.
