S T A T E O F N E W Y O R K
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S. 8660--B A. 10679--B
S E N A T E - A S S E M B L Y
May 10, 2018
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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 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:
Section 1. Subject to the provisions of this act, the town of Brook-
haven, county of Suffolk, acting by and through its governing body and
upon such terms and conditions as determined by such body, is hereby
authorized to discontinue as parklands and to alienate the lands
described in section three of this act to DiPaolo Development, LLC to be
used for residential purposes.
§ 2. The authorization provided in section one of this act shall be
effective only upon the condition that the town of Brookhaven dedicate
the lands described in section four of this act as parkland provided
that the town of Brookhaven has never used such lands for public open
space or park purposes.
§ 3. The parklands authorized by section one of this act to be alien-
ated as parklands are described as follows:
Parcel One
ALL that certain plot, piece or parcel of land, situate, lying and
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
York, known and designated as Lot Number 78 on a certain map entitled,
"Map of Shirley, Long Island, Unit A", filed in the Office of the Clerk
of the County of Suffolk on December 28, 1949 as Map number 1725, which
said lot is bounded and described as follows:
BEGINNING at a point on the Westerly side of Carnation Drive at the
extreme Southerly end of a curve with a radius of 30.00 feet, which said
curve connects the Westerly side of Carnation Drive and the Southerly
side of Carleton Drive;
RUNNING THENCE along the Westerly side of Carnation Drive, South 01
degrees 17 minutes 10 seconds East, 109.15 feet to land now or formerly
of Town of Brookhaven;
THENCE along land now or formerly of Town of Brookhaven South 88
degrees 42 minutes 50 seconds West, 217.80 feet to land now or formerly
of Steven Capatosto;
THENCE along land now or formerly of Steven Capatosto North 01 degrees
17 minutes 10 seconds West, 32.86 feet to the Southerly side of Carleton
Drive;
THENCE along the Southerly side of Carlton Drive, North 58 degrees 05
minutes 40 seconds East, 200.48 feet to a point;
THENCE along the arc of a curve which connects the Westerly side of
Carnation Drive with the Southerly side of Carleton Drive bearing to the
right with a radius of 30.00 feet and a length of 63.16 feet to the
point or place of BEGINNING.
Property identified as Suffolk County Tax Map Number
0200-615.00-04.00-005.000; .42 acres
Parcel Two
ALL that certain plot, piece or parcel of land, situate, lying and
being in the Town of Brookhaven, County of Suffolk and State of New
York, known and designated as Lot Numbers 76 and 77 on a certain map
entitled, "Map of Shirley, Long Island, Unit A", filed in the Office of
the Clerk of the County of Suffolk on December 28, 1949 as Map Number
1725, which said lots are bounded and described as follows:
BEGINNING at a point on the Westerly side of Carnation Drive distant
109.15 feet Southerly from the extreme Southerly end of a curve having a
radius of 30.00 feet which said curve connects the Westerly side of
Carnation Drive and the Southerly side of Carleton Drive;
RUNNING THENCE along the Westerly side of Carnation Drive South 01
degrees 17 minutes 10 seconds East, 100.00 feet to land now or formerly
of Gino Dire;
THENCE along land of Gino Dire, South 88 degrees 42 minutes 50 seconds
West, 217.80 feet to land now or formerly of Steven Capatosto;
THENCE along land of Steven Capatosto, North 01 degrees 17 minutes 10
seconds West, 100.00 feet to land now or formerly of Town of Brookhaven;
THENCE along land now or formerly of Town of Brookhaven North 88
degrees 42 minutes 50 seconds East, 217.80 feet to the Westerly side of
Carnation Drive, the point or place of BEGINNING.
Property identified as Suffolk County Tax Map Number
0200-615.00-04.00-006.000; .5 acres
§ 4. Prior to the discontinuance and alienation of the parklands
described in section three of this act, the town of Brookhaven shall
dedicate as parklands such land described as follows:
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in Center Morich-
S. 8660--B 3 A. 10679--B
es, in the Town of Brookhaven, County of Suffolk and State of New York,
bounded and described as follows:
BEGINNING at a point on the Northerly side of Frowein Road (C.R. 98),
distant 1674.91 feet Westerly from the corner formed by the Northerly
side of Frowein Road (C.R. 98) and the Westerly side of Brookfield
Avenue;
RUNNING THENCE North 79 degrees 59 minutes 30 seconds West along the
Northerly side of Frowein Road, 275.75 feet;
RUNNING THENCE North 06 degrees 04 minutes 45 seconds East along said
last mentioned land, 1005.00 feet to the land now or formerly of William
H. Moffitt;
RUNNING THENCE South 77 degrees 07 minutes 45 seconds East along the
said last mentioned land, 281.50 feet to the land now or formerly of Ida
J. Smith;
RUNNING THENCE along the land now or formerly of Ida J. Smith, the
following four (4) courses and distances:
1. South 06 degrees 27 minutes 35 seconds West, 162.41 feet (deed),
162.40 feet (survey);
2. South 04 degrees 47 minutes 55 seconds West, 264.67 feet;
3. South 06 degrees 22 minutes 35 seconds West, 274.97 feet;
4. South 07 degrees 38 minutes 00 seconds West, 288.74 feet to the
Northerly side of Frowein Road, being the point or place of BEGINNING.
Property located at 313 Frowein Road in the Hamlet of Center Moriches
and identified as Suffolk County Tax Map Number
0200-827.00-02.00-006.000; 6.3 acres
§ 5. In the event that the fair market value of the parklands
described in section four of this act to be dedicated as parklands by
the town of Brookhaven pursuant to this act are not equal to or greater
than the fair market value of the parklands to be alienated as described
in section three of this act, the town of Brookhaven shall dedicate the
difference of the fair market value of the lands to be alienated and the
lands to be dedicated for the acquisition of additional parklands and/or
capital improvements to existing park and recreational facilities.
§ 6. In the event that the town of Brookhaven 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
Brookhaven 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 assure
the substitution of other lands shall be equivalent in fair market value
and usefulness to the lands being alienated or converted.
§ 7. This act shall take effect immediately.
