NY State Senate Bill 2019-S655

Senate Bill S655

2019-2020 Legislative Session

Requires the transfer of certain lands to the Oak Brush Plain State Preserve by December 1, 2019

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to finance
Jan 09, 2019	referred to finance

2019-S655 (ACTIVE) - Details

See Assembly Version of this Bill:: A7174
Current Committee:: Senate Finance
Law Section:: General Services, Commissioner of
Laws Affected:: Amd §§7 & 8, Chap 635 of 1987
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6156
2011-2012: A3836
2013-2014: A6169
2015-2016: A4790
2017-2018: S5804, A5088
2021-2022: S6142, A5926

2019-S655 (ACTIVE) - Summary

Relates to the acquisition of lands previously comprising Pilgrim State Hospital by the Oak Brush Plain State Preserve, located on Long Island.

2019-S655 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S655

SPONSOR: BOYLE
 
TITLE OF BILL:  An act to amend chapter 635 of the laws of 1987,
establishing the Oak Brush Plain State Preserve, located on Long Island,
in relation to the acquisition of lands previously comprising Pilgrim
State Hospital

 
PURPOSE:

This bill requires the state of New York to transfer certain lands to
the Oak Brush Plains State Preserve by December 1, 2019.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends sections 7 and 8 of Chapter 635 of the Laws
of 1987 by requiring the commissioner of general services, o r any other
successor in title, to transfer certain lands now or formerly within the
Pilgrim State Hospital site on Long Island into the Oak Brush Plains
State Preserve, and to further require the transfer of the same lands
into the State Nature and Historical Prese rve, by December 1, 2019. The

bill also reserves a small parcel for use by the Town of Islip for a
town street or highway.

Section 2 provides the effective date.

 
EXISTING LAW:

Chapter 635 of the Laws of 1987 established the Oak Brush Plains State
Preserve on Long Island. Section 7 of Chapter 635 required the office of
general services to transfer to the Oak Brush Plains State Preserve the
lands comprising the Pilgrim State Hospital that w ere not necessary for
hospital use and where native foliage could reasonably be reestablished.

 
JUSTIFICATION:

Chapter 635 of the Laws of 1987 established the Oak Brush' Plains State
Preserve on Long Island in the Towns of Babylon and Huntington. The
Preserve represented the last vestiges of a transitional forest between
the historical grassy plains of central Nassau County and the pine lands
of central and eastern Long Island. Its creation was recommended in 1984
by the Citizens Task Force on the Pilgrim Edgewood State Properties. The
Task Force also recommended that certain lands contained within the
Pilgrim State Hospital grounds be transferred into the Preserve. Due to
this recommendation, section 7 of Chapter 635 required the Commissioner
of oas to arrange for the transfer to the Preserve "such lands now
comprising Pilgrim State Hospital now or hereafter not necessary for use
by Pilgrim State Hospital..."

More than twenty years have elapsed since Chapter 635 of the Laws of
1987 was enacted and the Pilgrim State Hospital land has not bee n
annexed to the Preserve. In recent years, however, the Pilgrim State
Hospital land had been considered as a possible site for the N ew York
State Department of Transportation to construct a large commercial
multi-modal project known as the Long Island Truck & Rail Inter Modal
(LITRIM) Facility. The Region 10 Staff of the New York State Department
of Transportation dedicated a tremendous amount o f time and energy into
the planning of the LITRIM project with the goal of reducing long haul
truck traffic on the roads of Long Isla nd. While the sponsors recognize
and support the need for the development of alternative methods of
freight movement on and off Long Island in order to reduce the burden of
long haul trucking on the highways of Long Island, the Pilgrim State
Hospital location, due t o recent substantial commercial development in
the surrounding areas, is unsuitable for a multi-modal facility. Today,
the area immed iately surrounding the land is so vastly different than
it was just a few years ago when the LITRIM project was first proposed.
The r ecent approval of three major construction projects by town offi-
cials has so overburdened this area with traffic congestion that the
State should not support yet another project that would further exacer-
bate the traffic congestion problem in this area. Consequently, this
area should not undergo further development and the subject land should
be transferred to the Edgewood Preserve as originally c alled for in
1987, thus ensuring more green space and mitigating future traffic
congestion.

 
LEGISLATIVE HISTORY:

2008: S.6728-A/A.9870-A passed both Houses; Veto73

2017-28 Passed Senate 6/6/18, Delivered to Assembly and referred to
tourism, parks, art, and sports development

 
FISCAL IMPLICATIONS:

Minimal transactional costs.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S655 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    655
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend chapter 635 of the laws of 1987,  establishing  the  Oak
   Brush Plain State Preserve, located on Long Island, in relation to the
   acquisition of lands previously comprising Pilgrim State Hospital
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 7 and 8 of chapter 635 of the laws of 1987, estab-
 lishing the Oak Brush Plain State  Preserve,  located  on  Long  Island,
 section  8 as amended by chapter 209 of the laws of 1989, are amended to
 read as follows:
   § 7. (A) The commissioner of  the  office  of  general  services,  THE
 DORMITORY  AUTHORITY  OF THE STATE OF NEW YORK OR ANY OTHER SUCCESSOR IN
 TITLE shall [arrange for the] transfer to  the  Oak  Brush  Plain  State
 Preserve  such lands now OR FORMERLY comprising A PORTION OF THE Pilgrim
 State Hospital [now or hereafter not necessary for use by Pilgrim  State
 Hospital and] where native foliage may reasonably be reestablished.
   (B) THE LANDS TO BE TRANSFERRED SHALL BE APPROXIMATELY 118 ACRES, MORE
 OR LESS, NOW OR FORMERLY COMPRISING PILGRIM STATE HOSPITAL AND SHALL NOT
 INCLUDE  ANY  LAND  PREVIOUSLY TRANSFERRED TO THE POWER AUTHORITY OF THE
 STATE OF NEW YORK AND THE LONG  ISLAND  POWER  AUTHORITY  AND  GENERALLY
 DESCRIBED AS FOLLOWS:
   ALL  THAT PIECE OR PARCEL OF LAND SITUATE IN THE TOWN OF ISLIP, COUNTY
 OF SUFFOLK, STATE OF NEW YORK GENERALLY DESCRIBED AS FOLLOWS;
   BEGINNING AT A POINT ON THE BOUNDARY LINE BETWEEN THE TOWN OF HUNTING-
 TON AND THE TOWN OF ISLIP AT THE NORTHWEST CORNER OF A  PARCEL  OF  LAND
 CONVEYED  TO  LONG  ISLAND  POWER AUTHORITY SAID POINT ALSO BEING ON THE
 EASTERLY BOUNDS OF AN 81.4 ACRE PARCEL  OF  LAND  TRANSFERRED  FROM  THE
 OFFICE  OF MENTAL HEALTH TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
 ON JANUARY 13, 1999,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04500-01-9

 S. 655                              2
 
   THENCE FROM SAID POINT OF BEGINNING ALONG THE EASTERLY BOUNDS OF  SAID
 81.4 ACRE PARCEL OF LAND THE FOLLOWING TWO COURSES AND DISTANCES:
   1) N. 0° 36' 52" W. A DISTANCE OF 156.10 FEET TO A POINT; AND
   2) N. 0° 59' 13" E. A DISTANCE OF 1063.76 FEET TO A POINT;
   THENCE THROUGH THE LANDS NOW OR FORMERLY OF THE PEOPLE OF THE STATE OF
 NEW  YORK,  PILGRIM  PSYCHIATRIC  CENTER,  THE  FOLLOWING 11 COURSES AND
 DISTANCES:
   1) N. 89° 41' 36" E. A DISTANCE OF 788.41 FEET TO A POINT;
   2) S. 44° 44' 39" E. A DISTANCE OF 42.80 FEET TO A POINT;
   3) N. 67° 37' 46" E. A DISTANCE OF 174.25 FEET TO A POINT;
   4) S. 22° 59' 01" E. A DISTANCE OF 360.19 FEET TO A POINT;
   5) N. 67° 09' 21" E. A DISTANCE OF 405.98 FEET TO A POINT;
   6) S. 22° 51' 14" E. A DISTANCE OF 638.85 FEET TO A POINT;
   7) S. 63° 51' 55" E. A DISTANCE OF 1,224.63 FEET TO A POINT;
   8) N. 68° 02' 05" E. A DISTANCE OF 143.78 FEET TO A POINT;
   9) S. 21° 57' 55" E. A DISTANCE OF 253.50 FEET TO A POINT;
   10) S. 45° 11' 47" E. A DISTANCE OF 774.45 FEET TO A POINT;
   11) S. 0° 34' 26" E. A DISTANCE OF 340.00  FEET  TO  A  POINT  ON  THE
 SOUTHERLY BOUNDS OF SAID LANDS OF PILGRIM PSYCHIATRIC CENTER;
   THENCE  ALONG  SAID  SOUTHERLY  BOUNDARY THE FOLLOWING TWO COURSES AND
 DISTANCES:
   1) S. 89° 25' 34" W. A DISTANCE OF 100.00 FEET TO A POINT; AND
   2) S. 89° 29' 29" W. A DISTANCE OF 2,987.71 FEET TO A POINT;
   THENCE N. 0° 26' 29" E. A DISTANCE OF 486.53 FEET TO A  POINT  AT  THE
 SOUTHWEST CORNER OF LANDS CONVEYED TO LONG ISLAND POWER AUTHORITY;
   THENCE  ALONG  THE  SOUTHERLY,  EASTERLY  AND NORTHERLY BOUNDS OF SAID
 LANDS OF LONG ISLAND POWER AUTHORITY THE  FOLLOWING  THREE  COURSES  AND
 DISTANCES:
   1) S. 89° 33' 31" E. A DISTANCE OF 287.46 FEET TO A POINT;
   2) N. 0° 26' 29" E. A DISTANCE OF 790.75 FEET TO A POINT; AND
   3)  S.  67°  L2'  38"  W.  A DISTANCE OF 312.83 FEET TO A POINT AT THE
 NORTHEAST CORNER OF LANDS CONVEYED TO THE POWER AUTHORITY OF  THE  STATE
 OF NEW YORK;
   THENCE ALONG THE NORTHERLY BOUNDS OF SAID LANDS TO AND ALONG THE EAST-
 ERLY  AND  NORTHERLY BOUNDS OF OTHER LANDS CONVEYED TO LONG ISLAND POWER
 AUTHORITY THE FOLLOWING THREE COURSES AND DISTANCES:
   1) S. 67° 12' 38" W. A DISTANCE OF 152.50 FEET TO A POINT;
   2) N. 23° 53' 06" W. A DISTANCE OF 201.65 FEET TO A POINT; AND
   3) S. 67° 12' 38" W. A DISTANCE OF 367.44 FEET TO THE POINT  OR  PLACE
 OF BEGINNING; CONTAINING 117.7 ACRES OF LAND, MORE OR LESS.
   SUBJECT TO EASEMENT RIGHTS OF OTHERS AS THEY MAY EXIST.
   EXCEPTING  THEREFROM,  ALL  THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND
 SITUATE, LYING AND BEING AT BRENTWOOD, TOWN OF ISLIP, COUNTY OF  SUFFOLK
 AND STATE OF NEW YORK, BEING BOUNDED AND DESCRIBED AS FOLLOWS:
   BEGINNING  AT A POINT ON THE DIVISION LINE BETWEEN THE PROPERTY NOW OR
 FORMERLY OF THE PEOPLE OF THE STATE OF  NEW  YORK,  PILGRIM  PSYCHIATRIC
 CENTER  ON  THE  NORTH AND LAND NOW OR FORMERLY OF THE LONG ISLAND STATE
 PARK COMMISSION SAGTIKOS STATE PARKWAY (MAP 23R-I821,  PARCEL  IV  DATED
 JANUARY  20,  1940)  ON THE SOUTH, DISTANT 624.61 FEET WESTERLY FROM THE
 INTERSECTION OF SAID DIVISION LINE WITH THE WESTERLY  SIDE  OF  SAGTIKOS
 PARKWAY,  SAID  POINT  BEING  THE  NORTHEASTERLY  CORNER  OF LAND NOW OR
 FORMERLY OF TOWN OF ISLIP INDUSTRIAL DEVELOPMENT AGENCY;
   RUNNING THENCE SOUTH 89 DEGREES 29 MINUTES 29 SECONDS WEST, ALONG LAND
 NOW OR FORMERLY OF TOWN OF ISLIP INDUSTRIAL  DEVELOPMENT  AGENCY  110.00
 FEET
   THENCE NORTH 00 DEGREES 34 MINUTES 26 SECONDS WEST, 15.71 FEET;

 S. 655                              3
 
   THENCE NORTH 15 DEGREES 48 MINUTES 56 SECONDS EAST, 431.19 FEET;
   THENCE SOUTH 45 DEGREES 11 MINUTES 47 SECONDS EAST, 125.75 FEET;
   THENCE SOUTH 15 DEGREES 48 MINUTES 56 SECONDS WEST, 354.40 FEET TO THE
 NORTHERLY  SIDE  OF  LAND  NOW OR FORMERLY OF THE LONG ISLAND STATE PARK
 COMMISSION SAGTIKOS STATE PARKWAY (MAP 23R-I821, PARCEL IV DATED JANUARY
 20, 1940) AND THE POINT OR PLACE OF BEGINNING.
   CONTAINING: 44,072 SQUARE FEET OR 1.0117 ACRES OF LAND, MORE OR LESS.
   (C) THE DESCRIPTION OF THE LANDS TO BE TRANSFERRED PURSUANT TO  SUBDI-
 VISION  (B)  OF  THIS SECTION IS NOT INTENDED TO BE A LEGAL DESCRIPTION,
 BUT IS INTENDED ONLY TO IDENTIFY THE PREMISES  TO  BE  TRANSFERRED.  THE
 OFFICE   OF   GENERAL  SERVICES  MAY  PREPARE  AN  ACCURATE  SURVEY  AND
 DESCRIPTION OF SUCH LANDS WHICH MAY BE USED IN THE TRANSFER THEREOF.
   (D) THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES, THE  DORMITORY
 AUTHORITY OF THE STATE OF NEW YORK OR ANY OTHER SUCCESSOR IN INTEREST AT
 THE  TIME  OF  THE  TRANSFER OF THE LANDS INTO THE OAK BRUSH PLAIN STATE
 PRESERVE SHALL ALSO CONVEY THE  EXCEPTED  PARCEL  OF  LAND  SPECIFICALLY
 DESCRIBED  IN  SUBDIVISION  (B) OF THIS SECTION TO THE TOWN OF ISLIP FOR
 STREET  OR  HIGHWAY  PURPOSES  FOR  THE  CONSIDERATION  OF  ONE  DOLLAR;
 PROVIDED,  HOWEVER,  THAT  SUCH  EXCEPTED  PARCEL  SHALL  REVERT  AND BE
 CONVEYED TO THE STATE OF NEW YORK FOR INCLUSION IN THE OAK  BRUSH  PLAIN
 STATE  PRESERVE  IF THE TOWN OF ISLIP SHALL AT ANY TIME CEASE TO USE THE
 EXCEPTED PARCEL FOR TOWN STREET OR HIGHWAY PURPOSES.
   (E) ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF  2018
 WHICH  ADDED THIS SUBDIVISION, THE COMMISSIONER OF THE OFFICE OF GENERAL
 SERVICES, THE DORMITORY AUTHORITY OF  THE  STATE  OF  NEW  YORK  OR  ANY
 SUCCESSOR IN INTEREST SHALL NOT SELL, TRANSFER OR CONVEY ANY OF THE LAND
 IN  THIS  ACT  TO A PARTY NOT AUTHORIZED TO HAVE SUCH LANDS SOLD, TRANS-
 FERRED OR CONVEYED TO IT PURSUANT TO THIS ACT.
   § 8. Notwithstanding the provisions of section 45-0113 of the environ-
 mental conservation law or any other law,  rule  or  regulation  to  the
 contrary,  the  lands  constituting  the  Oak Brush Plain State Preserve
 shall be acquired by the state nature and historical preserve on January
 1, 1991 and shall be dedicated for the purposes of article  [forty-five]
 45 of such law; PROVIDED, HOWEVER, THAT THE LANDS TRANSFERRED TO THE OAK
 BRUSH  PLAIN  STATE PRESERVE PURSUANT TO SECTION SEVEN OF THIS ACT SHALL
 BE ACQUIRED BY THE STATE NATURE AND HISTORICAL  PRESERVE  ON  OR  BEFORE
 DECEMBER 1, 2019 AND SHALL BE DEDICATED FOR THE PURPOSES OF SUCH ARTICLE
 45.
   § 2. This act shall take effect immediately.

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