S08660 Summary:

BILL NOS08660B
 
SAME ASSAME AS UNI. A10679-B
 
SPONSORLAVALLE
 
COSPNSR
 
MLTSPNSR
 
 
Authorizes the town of Brookhaven, county of Suffolk, to alienate certain parcels of land used as parklands and to dedicate other lands as parklands.
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S08660 Actions:

BILL NOS08660B
 
05/10/2018REFERRED TO LOCAL GOVERNMENT
05/23/2018AMEND AND RECOMMIT TO LOCAL GOVERNMENT
05/23/2018PRINT NUMBER 8660A
06/06/2018AMEND AND RECOMMIT TO LOCAL GOVERNMENT
06/06/2018PRINT NUMBER 8660B
06/12/2018COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/12/2018ORDERED TO THIRD READING CAL.1735
06/12/2018HOME RULE REQUEST
06/12/2018PASSED SENATE
06/12/2018DELIVERED TO ASSEMBLY
06/12/2018referred to ways and means
06/20/2018substituted for a10679b
06/20/2018ordered to third reading rules cal.369
06/20/2018home rule request
06/20/2018passed assembly
06/20/2018returned to senate
12/18/2018DELIVERED TO GOVERNOR
12/28/2018SIGNED CHAP.507
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S08660 Committee Votes:

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S08660 Floor Votes:

DATE:06/20/2018Assembly Vote  YEA/NAY: 124/18
AbbateYCookYGarbarinoYLupardoYPellegrinoYStecY
AbinantiYCrespoYGiglioYMageeYPeoples-StokesYSteckY
ArroyoYCrouchYGlickNOMagnarelliYPerryYSternY
AshbyYCurranYGoodellYMalliotakisYPheffer AmatoYStirpeY
AubryYCusickYGottfriedYMcDonaldYPichardoYTagueY
BarclayYCymbrowitzYGuntherYMcDonoughYPretlowYTaylorY
BarnwellYDavilaYHawleyYMikulinYQuartYThieleY
BarrettNODe La RosaNOHevesiYMill B YRaYTitoneY
BarronNODenDekkerYHikindERMill MGNORaiaYTitusY
BenedettoYDickensYHooperYMill MLYRamosYVanelY
BichotteYDilanNOHunterYMontesanoYRichardsonERWalkerY
BlakeYDinowitzNOHyndmanYMorelleYRiveraYWallaceY
BlankenbushYDiPietroYJaffeeYMorinelloYRodriguezYWalshY
BohenYD'UrsoYJean-PierreYMosleyYRose D NOWalterY
BrabenecYEnglebrightNOJenneYMurrayYRose L NOWeinsteinNO
BraunsteinYEpsteinERJohnsYNiouYRozicNOWeprinY
BrindisiYErrigoYJonesYNolanYRyanYWilliamsNO
BronsonYEspinalYJoynerYNorrisYSantabarbaraYWoernerY
BuchwaldYFahyYKimYOaksYSchimmingerYWrightY
ButlerYFernandezYKolbYO'DonnellYSeawrightYZebrowskiY
ByrneYFinchYLalorYOrtizNOSimonNOMr SpkrY
CahillNOFitzpatrickYLavineYOtisYSimotasY
CarrollNOFriendYLawrenceYPalmesanoYSkoufisY
CastorinaYGalefYLentolYPalumboYSmithY
ColtonNOGanttERLiftonYPaulinYSolagesY

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S08660 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 8660--B                                           A. 10679--B
 
                SENATE - ASSEMBLY
 
                                      May 10, 2018
                                       ___________
 
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Local Govern-
          ment  --  committee  discharged,  bill  amended,  ordered reprinted as
          amended and recommitted to said  committee  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee

        IN ASSEMBLY -- Introduced by M. of A. THIELE, MURRAY --  read  once  and
          referred   to   the   Committee  on  Local  Governments  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- again reported from said  committee  with  amend-
          ments, ordered reprinted as amended and recommitted to said committee
 
        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  Brook-
     2  haven,  county  of Suffolk, acting by and through its governing body and
     3  upon such terms and conditions as determined by  such  body,  is  hereby
     4  authorized  to  discontinue  as  parklands  and  to  alienate  the lands
     5  described in section three of this act to DiPaolo Development, LLC to be
     6  used for residential 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  parkland  provided
    10  that  the  town  of Brookhaven has never used such lands for public open
    11  space or park purposes.
    12    § 3. The parklands authorized by section one of this act to be  alien-
    13  ated as parklands are described as follows:
 
    14                                 Parcel One
 
    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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15796-03-8

        S. 8660--B                          2                        A. 10679--B
 
     1  York,  known  and designated as Lot Number 78 on a certain map entitled,
     2  "Map of Shirley, Long Island, Unit A", filed in the Office of the  Clerk
     3  of  the County of Suffolk on December 28, 1949 as Map number 1725, which
     4  said lot is bounded and described as follows:
     5    BEGINNING  at  a  point on the Westerly side of Carnation Drive at the
     6  extreme Southerly end of a curve with a radius of 30.00 feet, which said
     7  curve connects the Westerly side of Carnation Drive  and  the  Southerly
     8  side of Carleton Drive;
     9    RUNNING  THENCE  along  the Westerly side of Carnation Drive, South 01
    10  degrees 17 minutes 10 seconds East, 109.15 feet to land now or  formerly
    11  of Town of Brookhaven;
    12    THENCE  along  land  now  or  formerly  of Town of Brookhaven South 88
    13  degrees 42 minutes 50 seconds West, 217.80 feet to land now or  formerly
    14  of Steven Capatosto;
    15    THENCE along land now or formerly of Steven Capatosto North 01 degrees
    16  17 minutes 10 seconds West, 32.86 feet to the Southerly side of Carleton
    17  Drive;
    18    THENCE  along the Southerly side of Carlton Drive, North 58 degrees 05
    19  minutes 40 seconds East, 200.48 feet to a point;
    20    THENCE along the arc of a curve which connects the  Westerly  side  of
    21  Carnation Drive with the Southerly side of Carleton Drive bearing to the
    22  right  with  a  radius  of  30.00 feet and a length of 63.16 feet to the
    23  point or place of BEGINNING.
    24  Property   identified    as    Suffolk    County    Tax    Map    Number
    25  0200-615.00-04.00-005.000; .42 acres
 
    26                                 Parcel Two
 
    27    ALL  that  certain  plot,  piece or parcel of land, situate, lying and
    28  being in the Town of Brookhaven, County of  Suffolk  and  State  of  New
    29  York,  known  and  designated  as Lot Numbers 76 and 77 on a certain map
    30  entitled, "Map of Shirley, Long Island, Unit A", filed in the Office  of
    31  the  Clerk  of  the County of Suffolk on December 28, 1949 as Map Number
    32  1725, which said lots are bounded and described as follows:
    33    BEGINNING at a point on the Westerly side of Carnation  Drive  distant
    34  109.15 feet Southerly from the extreme Southerly end of a curve having a
    35  radius  of  30.00  feet  which  said curve connects the Westerly side of
    36  Carnation Drive and the Southerly side of Carleton Drive;
    37    RUNNING THENCE along the Westerly side of  Carnation  Drive  South  01
    38  degrees  17 minutes 10 seconds East, 100.00 feet to land now or formerly
    39  of Gino Dire;
    40    THENCE along land of Gino Dire, South 88 degrees 42 minutes 50 seconds
    41  West, 217.80 feet to land now or formerly of Steven Capatosto;
    42    THENCE along land of Steven Capatosto, North 01 degrees 17 minutes  10
    43  seconds West, 100.00 feet to land now or formerly of Town of Brookhaven;
    44    THENCE  along  land  now  or  formerly  of Town of Brookhaven North 88
    45  degrees 42 minutes 50 seconds East, 217.80 feet to the Westerly side  of
    46  Carnation Drive, the point or place of BEGINNING.
    47  Property    identified    as    Suffolk    County    Tax    Map   Number
    48  0200-615.00-04.00-006.000; .5 acres
    49    § 4. Prior to the  discontinuance  and  alienation  of  the  parklands
    50  described  in  section  three  of this act, the town of Brookhaven shall
    51  dedicate as parklands such land described as follows:
    52    ALL that certain plot, piece or parcel of land, with the buildings and
    53  improvements thereon erected, situate, lying and being in Center Morich-

        S. 8660--B                          3                        A. 10679--B
 
     1  es, in the Town of Brookhaven, County of Suffolk and State of New  York,
     2  bounded and described as follows:
     3    BEGINNING  at a point on the Northerly side of Frowein Road (C.R. 98),
     4  distant 1674.91 feet Westerly from the corner formed  by  the  Northerly
     5  side  of  Frowein  Road  (C.R.  98)  and the Westerly side of Brookfield
     6  Avenue;
     7    RUNNING THENCE North 79 degrees 59 minutes 30 seconds West  along  the
     8  Northerly side of Frowein Road, 275.75 feet;
     9    RUNNING  THENCE North 06 degrees 04 minutes 45 seconds East along said
    10  last mentioned land, 1005.00 feet to the land now or formerly of William
    11  H. Moffitt;
    12    RUNNING THENCE South 77 degrees 07 minutes 45 seconds East  along  the
    13  said last mentioned land, 281.50 feet to the land now or formerly of Ida
    14  J. Smith;
    15    RUNNING  THENCE  along  the  land now or formerly of Ida J. Smith, the
    16  following four (4) courses and distances:
    17    1.  South 06 degrees 27 minutes 35 seconds West, 162.41  feet  (deed),
    18  162.40 feet (survey);
    19    2. South 04 degrees 47 minutes 55 seconds West, 264.67 feet;
    20    3. South 06 degrees 22 minutes 35 seconds West, 274.97 feet;
    21    4.  South  07  degrees  38 minutes 00 seconds West, 288.74 feet to the
    22  Northerly side of Frowein Road, being the point or place of BEGINNING.
    23  Property located at 313 Frowein Road in the Hamlet  of  Center  Moriches
    24  and     identified     as     Suffolk     County    Tax    Map    Number
    25  0200-827.00-02.00-006.000; 6.3 acres
    26    § 5. In the  event  that  the  fair  market  value  of  the  parklands
    27  described  in  section  four of this act to be dedicated as parklands by
    28  the town of Brookhaven pursuant to this act are not equal to or  greater
    29  than the fair market value of the parklands to be alienated as described
    30  in  section three of this act, the town of Brookhaven shall dedicate the
    31  difference of the fair market value of the lands to be alienated and the
    32  lands to be dedicated for the acquisition of additional parklands and/or
    33  capital improvements to existing park and recreational facilities.
    34    § 6. In the event that the town of  Brookhaven  received  any  funding
    35  support  or  assistance  from  the  federal government for the purchase,
    36  maintenance or improvement of the parklands set forth in  section  three
    37  of  this act, the discontinuance and alienation of such parkland author-
    38  ized by the provisions of this act shall not occur  until  the  town  of
    39  Brookhaven  has complied with any federal requirements pertaining to the
    40  alienation or conversion of parklands, including satisfying  the  secre-
    41  tary of the interior that the alienation or conversion complies with all
    42  conditions which the secretary of the interior deems necessary to assure
    43  the substitution of other lands shall be equivalent in fair market value
    44  and usefulness to the lands being alienated or converted.
    45    § 7. This act shall take effect immediately.
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