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S06126 Summary:

S06126 Actions:

S06126 Committee Votes:

S06126 Floor Votes:

S06126 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6126--A
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     March 30, 2023
                                       ___________
 
        Introduced  by  Sen.  MURRAY -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        AN ACT authorizing the town of Brookhaven to alienate certain  parklands
          for use as a wet retention pond for municipal drainage purposes and to
          dedicate certain 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, located in the county of Suffolk, acting by and through its govern-
     3  ing body and upon such terms and conditions as determined by such  body,
     4  is  hereby authorized to discontinue as parklands the lands more partic-
     5  ularly described in section three of this act, for the construction of a
     6  wet retention pond for municipal drainage purposes.
     7    § 2. The authorization provided in section one of this  act  shall  be
     8  effective  only  upon the condition that the town of Brookhaven dedicate
     9  the lands described in section four of this act as  parklands,  provided
    10  that the town of Brookhaven has never used such lands for park purposes.
    11    § 3. The parklands authorized by section one of this act to be discon-
    12  tinued as parklands are described as follows:
    13    All  that  part  or  parcel  of  land situate as Mastic Beach, Town of
    14  Brookhaven, County of Suffolk and State of New York and  known  as  Lots
    15  3414-3418,  3421-3427  &  3440-3448 as shown on the map of Mastic Beach,
    16  filed in the office of the Suffolk County Clerk  on  06/03/1926  as  map
    17  number 1004 and described as follows:
    18    Beginning  at  a  point  at  the intersection of the southerly side of
    19  Forest Road with the westerly side  of  Orchid  Drive,  running  thence,
    20  along the westerly side of Orchid Drive, south 11°25'00" east a distance
    21  of 280.00 feet to the northerly line of lot 3449;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10619-05-3
        S. 6126--A                          2
 
     1    Thence,  along  the  northerly  line  of  lots  3449  and  3428, south
     2  78°35'00" west a distance of 200.00 feet to the easterly side  of  Rivi-
     3  era;
     4    Thence,  along  the  easterly  side of Riviera, north 11°25'00" west a
     5  distance of 140.00 feet to the northerly side of lot 3421;
     6    Thence, along the northerly side of lot 3421, north 78°35'00"  east  a
     7  distance of 100.00 feet to the westerly side of lot 3441;
     8    Thence,  along  the  westerly  side of lots 3441, 3440 and 3414, north
     9  11°25'00" west a distance of 140.00 feet to the southerly side of Forest
    10  Road;
    11    Thence, along the southerly side of Forest Road, north 78°35'00"  east
    12  a  distance  of 100.00 feet to the westerly side of Orchid Drive and the
    13  point or place of beginning.
    14    Said parcel contains 42,000 square feet or .91 acres, more or less.
    15    § 4. Prior to the discontinuance and alienation of parkland  described
    16  in  section  three  of  this  act, the town of Brookhaven, acting by and
    17  through its governing body, shall dedicate replacement land for  use  as
    18  parklands described as follows:
    19    ALL  that  certain  plot,  piece or parcel of land, situate, lying and
    20  being at East Moriches, in the Town of Brookhaven, County of Suffolk and
    21  State of New York, known and designated at Lot  Numbers  11  through  61
    22  inclusive,  in  Block Seven (7) as shown on a certain map entitled: "Map
    23  of Ridgewood By The Sea, Section One" and filed in  the  Office  of  the
    24  Clerk  of  Suffolk  County  on May 3, 1927 as Map Number 833, which said
    25  lots when taken together are more particularly bounded and described  as
    26  follows:
    27    BEGINNING  at a point on the northeasterly side of Emener Avenue where
    28  the same is intersected by the division line between Lots 10 and  11  as
    29  shown  on the aforesaid map, said point being distant 200.00 feet south-
    30  easterly as measured along the northeasterly side of Emener Avenue  from
    31  the corner formed by the intersection of the northeasterly side of Emen-
    32  er Avenue with the southeasterly side of First Street;
    33    RUNNING  THENCE  from said point or place of beginning along the divi-
    34  sion line first above mentioned, North 57 degrees 12 minutes 30  seconds
    35  East, 100.00 feet;
    36    THENCE North 32 degrees 47 minutes 30 seconds West, 200.00 feet to the
    37  southeasterly side of First Street;
    38    THENCE  along the southeasterly side of First Street, North 57 degrees
    39  12 minutes 30 seconds East, 100 feet to the northwesterly side of Ridge-
    40  wood Avenue;
    41    THENCE along the northwesterly side of Ridgewood Avenue the  following
    42  two (2) courses and distances:
    43    1. South 32 degrees 47 minutes 30 seconds East, 303.31 feet;
    44    2.  South  17  degrees  32 minutes 30 seconds East, 411.17 feet to the
    45  northwesterly side of Second Street;
    46    THENCE along the northwesterly side of Second Street, South 57 degrees
    47  12 minutes 30 seconds West, 91.85 feet  to  the  northeasterly  side  of
    48  Emener Avenue;
    49    THENCE along the northeasterly side of Emener Avenue, North 32 degrees
    50  47  minutes 30 seconds West, 500.00 feet to the point or place of BEGIN-
    51  NING.
    52    Said parcel contains 2.3 acres, more or less.
    53    § 5. In the event that the fair market value of the  parklands  to  be
    54  dedicated  by  the  town of Brookhaven described in section four of this
    55  act are not equal to or greater than the fair market value of the  park-
    56  lands  to  be  discontinued  in  section  three of this act, the town of
        S. 6126--A                          3
 
     1  Brookhaven shall dedicate the difference of the fair market value of the
     2  lands to be alienated and the lands to be dedicated for the  acquisition
     3  of additional parklands and/or capital improvements to existing park and
     4  recreational facilities.
     5    §  6.  In  the  event that the town of Brookhaven received any funding
     6  support or assistance from the  federal  government  for  the  purchase,
     7  maintenance,  or improvement of the parklands set forth in section three
     8  of this act, the discontinuance and alienation of such parklands author-
     9  ized by the provisions of this act shall not occur  until  the  town  of
    10  Brookhaven  has complied with any federal requirements pertaining to the
    11  alienation or conversion of parklands, including satisfying  the  secre-
    12  tary of the interior that the alienation or conversion complies with all
    13  conditions which the secretary of the interior deems necessary to assure
    14  the substitution of other lands shall be equivalent in fair market value
    15  and usefulness to the lands being alienated or converted.
    16    § 7. This act shall take effect immediately.