NY State Senate Bill 2023-S9332

Senate Bill S9332

2023-2024 Legislative Session

Authorizes the town of Oyster Bay to discontinue as parklands and convey such parkland to the department of environmental conservation

download bill text pdf

Current Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 13, 2024	referred to local government

2023-S9332 (ACTIVE) - Details

See Assembly Version of this Bill:: A10139
Current Committee:: Senate Local Government
Law Section:: Parks

2023-S9332 (ACTIVE) - Summary

Authorizes the town of Oyster Bay to discontinue as parklands and convey such parkland to the department of environmental conservation.

2023-S9332 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9332

SPONSOR: MARTINS
 
TITLE OF BILL:

An act in relation to authorizing the town of Oyster Bay to discontinue
as parklands and convey such parkland to the department of environmental
conservation

 
PURPOSE OR GENERAL IDEA OF BILL:

Authorizes the town of Oyster Bay to discontinue as parklands and convey
such parkland to the DEC

 
SUMMARY OF PROVISIONS:

Section 1: The Townòof Oyster Bay, upon consent, is hereby authorized to
discontinue and. convey.town parkland.

Section 2: This authorization shall be effective only if the departmeht
of environmental conservation convey to the Town of Oyster Bay, provided
the lands have never been used for public open space or park purposes.

Section 3: Describes the parcels of land conveyed by the Town of Oyster
Bay this bill is applicable towards

Section 4: Describes the parcels of land conveys by the DEC

Section. 5: The Town of Oyster Bay shall comply with any federal regu-
lations, if.applicable, before the discontinuance and alienation of
such. parkland

Section 6: Sets the effective date

 
JUSTIFICATION:

The Town of Oyster Bay contains parcels of land that were designated as
parkland in 1987 that are no longer practical and effective as such. The
lands are riot used for public open space or park purposes.  but rather
sit as vacant lots that the town has no control over. This bill would
allow the Town of Oyster Bay to simply remove the designation and alien-
ation of these spaces as parkland and allow them to be used for a more
effective purpose.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

N / A

 
EFFECTIVE DATE:
This act shall take effect immediately

2023-S9332 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9332
 
                             I N  S E N A T E
 
                               May 13, 2024
                                ___________
 
 Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT in relation to authorizing the town of Oyster Bay to  discontinue
   as  parklands  and  convey such parkland to the department of environ-
   mental conservation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subject to the provisions of this act, the town of Oyster
 Bay acting through its legislative body and upon such terms  and  condi-
 tions  agreed upon by the town of Oyster Bay and the department of envi-
 ronmental conservation is hereby authorized to  discontinue  and  convey
 town  parkland  more particularly described in section three of this act
 to the department of environmental  conservation  for  the  purposes  of
 providing public access to parkland.
   §  2.  The  authorization provided in section one of this act shall be
 effective only upon the condition that the department  of  environmental
 conservation  convey  to  the town of Oyster Bay, and the town of Oyster
 Bay acquire and dedicate the lands described in section four of this act
 as parklands, provided that the town of Oyster Bay has never  used  such
 lands for public open space or park purposes.
   § 3. The real property authorized to be conveyed by the town of Oyster
 Bay  pursuant  to section one of this act is more particularly described
 as follows:
   PARCEL 1
   COMMENCING at the intersection of the northerly side of Jericho  Turn-
 pike  (NYS  Route 25) with the southeasterly corner of the Map of Hamlet
 East, filed in the Office of the Clerk of the County of  Nassau  on  the
 25th  day  of  August  1987  as  Map  No. CAS-138, as amended by Map No.
 CA-138A, filed in the Office of the Clerk of the County of Nassau on the
 21st day of April, 1988 and  running  thence  the  following  three  (3)
 courses:
 North  25  degrees 26 minutes 00 seconds West, a distance of 852.68 feet
 to a point, thence
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15344-01-4

 S. 9332                             2
 
 North 18 degrees 05 minutes 55 seconds West, a distance of 1,328.83 feet
 to a point; thence
 North  64 degrees 18 minutes 05 seconds East, a distance of 1045.00 feet
 to the True Point or Place of Beginning and running thence the following
 four (4) courses:
 North 11 degrees 55 minutes 25 seconds East, a distance of  884.84  feet
 to  a  point on the southerly side of Cedar Swamp Road (variable width),
 thence
 Continuing along said southerly side  of  Cedar  Swamp  Road,  South  67
 degrees 27 minutes 51 seconds East, a distance of 98.82 feet to a point,
 thence
 Continuing  along  the  same,  along  the  arc of a curve bearing to the
 right, having a radius of 1,100.92 feet, an arc length of  738.84  feet,
 an  internal  angle  of  38  degrees 27 minutes 08 seconds, and having a
 chord that bears South 48 degrees 14 minutes 18 seconds East, a distance
 of 725.06 feet to a point, thence
   Leaving said southerly side of Cedar Swamp Road, South 67  degrees  03
 minutes  24 seconds West, a distance of 884.94 feet to the True Point or
 Place of Beginning, containing 362,874 feet square  feet  (8.330  acres)
 more or less.
   PARCEL 2
   All  that  certain  plot,  piece  or parcel of land situate, lying and
 being in the Town of Oyster Bay, County of Nassau and State of New York,
 being part of Lot 4 in Block A  of  Section  27  of  the  Nassau  County
 Department  of  Assessment  Land and Tax Map and being more particularly
 described as follows:
 Beginning at a point on the northerly side of  West  End  Avenue  (Shore
 Avenue), said point being the southerly end of the division line between
 lands now or formerly of The People of the State of New York, Department
 of  Environmental  Conservation  known  as Section 27 Block A Lot 222 as
 shown on the Nassau County Land and Tax Map on the west, and  lands  Now
 or  Formerly of the Town of Oyster Bay known as Section 27 Block A Lot 4
 as shown on the Nassau County Land and Tax Map, formerly lands  of  Rial
 Realty Corporation on the east and running thence:
 North  4  degrees  41  minutes  40 seconds East, 301.67 feet to a point;
 thence
 North 61 degrees 53 minutes 40 seconds East,  17.85  feet  to  a  point;
 thence
 South  4  degrees  41 minutes 40 seconds West, 311.12 feet to a point in
 the northerly line of West End Avenue (Shore Avenue); thence
 North 86 degrees 13 minutes 52 seconds West, 15.00 feet to the point  or
 place of Beginning.
   Said above described parcel of land containing within said bounds 0.10
 Acre, more or less.
   §  4. The real property authorized to be conveyed by the department of
 environmental conservation pursuant to section two of this act  is  more
 particularly described as follows:
   PARCEL 1
   All  that  certain  plot,  piece  or parcel of land situate, lying and
 being in the Town of Oyster Bay, County of Nassau and State of New York,
 being part of Lot 222 in Block A of Section  27  of  the  Nassau  County
 Department  of  Assessment  Land and Tax Map and being more particularly
 described as follows:
   Beginning at a point on the northerly side of West End  Avenue  (Shore
 Avenue),  said  point being North 86 degrees 13 minutes 52 seconds West,
 173.93 feet from the southerly end of the division  line  between  lands
 S. 9332                             3
 
 now  or  formerly  of The People of the State of New York, Department of
 Environmental Conservation known as Section 27 Block A Lot 222 as  shown
 on  the  Nassau  County  Land  and Tax Map on the west, and lands Now or
 Formerly  of the Town of Oyster Bay known as Section 27 Block A Lot 4 as
 shown on the Nassau County Land and Tax  Map,  formerly  lands  of  Rial
 Realty Corporation on the east and running thence:
 Along  the  northerly  side  of  West End Avenue (Shore Avenue) North 86
 degrees 13 minutes 52 seconds West, 230.41 feet to a point; thence
 North 4 degrees 41 minutes 40 seconds East, 165.64 feet to a 5/8" capped
 rebar; thence
 South 86 degrees 50 minutes 44 seconds East, 59.57 feet to a 5/8" capped
 rebar: thence
 North 4 degrees 41 minutes 40 seconds East,  116.43  feet  to  a  capped
 rebar; thence
 South  89  degrees  57  minutes  20 seconds East, 45.00 feet to a capped
 rebar; thence
 South 66 degrees 46 minutes 21 seconds  East,  105.45  feet  to  a  5/8"
 capped rebar; thence
 North  77  degrees  40  minutes  56 seconds East, 51.60 feet to a point;
 thence
 South 4 degrees 28 minutes 47 seconds  West,  38.52  feet  to  a  point;
 thence
 North  86  degrees  33  minutes  43  seconds West, 5.65 feet to a point;
 thence
 South 42 degrees 24 minutes 56 seconds West,  44.16  feet  to  a  point;
 thence
 Southwardly along the arc of a curve bearing to the left having a radius
 of  15.67  feet,  and  a  chord  bearing  South 22 degrees 56 minutes 02
 seconds West with a chord length of 10.04 feet, an arc distance of 10.22
 feet to a point; thence
 South 4 degrees 15 minutes 21 seconds West,  129.80  feet  to  a  point;
 thence
 South  6  degrees  09  minutes  25  seconds East, 34.45 feet to a point;
 thence
 South 25 degrees 57 minutes 11 seconds East, 12.98 feet to the point  or
 place of Beginning.
 Said  above  described parcel of land containing within said bounds 1.25
 Acres, more or less.
 PARCEL 2
 All that certain plot, piece or parcel of land situate, lying and  being
 in the Town of Oyster Bay, County of Nassau and State of New York, being
 shown  as  Lots  5  and 33 in Block A of Section 27 of the Nassau County
 Department of Assessment Land and Tax Map and  being  more  particularly
 described as follows:
 Beginning  at a 5/8" capped rebar on the westerly side of Bayside Avenue
 (not open or improved, a paper street) at the division line between  the
 herein  described parcel on the north and lands of the Long Island Rail-
 road on the south, said point also being  the  southeasterly  corner  of
 lands  designated  as  Tax  Map  Section 27, Block A, Lot 33 and running
 thence:
 Along the northerly line of  lands  of  the  Long  Island  Railroad  the
 following three (3) courses:
 1.  North  88  degrees  35 minutes 24 seconds West, 99.09 feet to a 5/8"
 capped rebar; thence
 2. North 86 degrees 18 minutes 01 second West, 500.29  feet  to  a  5/8"
 capped rebar; thence
 S. 9332                             4
 
 3.  North  88 degrees 35 minutes 26 seconds West, 126.82 feet to a point
 in a stream; thence
 North  1 degree 16 minutes 39 seconds East, 105.17 feet to a 5/8" capped
 rebar in the southerly line of West End Avenue (Shore Avenue); thence
 Along the southerly line of West End Avenue  (Shore  Avenue),  South  86
 degrees 07 minutes 31 seconds East, 596.39 feet to a point; thence
 Still  along the southerly line of West End Avenue (Shore Avenue), South
 88 degrees 35 minutes 25 seconds East,  89.19  feet  to  a  5/8"  capped
 rebar, thence
 South 59 degrees 33 minutes 25 seconds East, 86.39 feet to a 5/8" capped
 rebar  in  the  westerly line of Bayside Avenue (not open or improved, a
 paper street); thence
 South 32 degrees 16 minutes 34 seconds West, 67.09 feet to the point  or
 place of Beginning.
 Said  above  described parcel of land containing within said bounds 1.68
 Acres, more or less.
   § 5. In the event that the town of Oyster  Bay  received  any  funding
 support  or  assistance  from  the  federal government for the purchase,
 maintenance or improvement of the parklands set forth in  section  three
 of  this act, the discontinuance and alienation of such parkland author-
 ized by the provisions of this act shall not occur  until  the  town  of
 Oyster  Bay has complied with any federal requirements pertaining to the
 alienation or conversion of parklands, including satisfying  the  secre-
 tary of the interior that the alienation or conversion complies with all
 conditions which the secretary of the interior deems necessary to ensure
 the substitution of other lands shall be equivalent in fair market value
 and usefulness to the lands being alienated or converted.
   § 6. This act shall take effect immediately.

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