S T A T E   O F   N E W   Y O R K
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                                  6028--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 30, 2023
                                ___________
 
 Introduced  by  M.  of  A.  DeSTEFANO  --  read once and referred to the
   Committee on Local Governments -- 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:
 
   Section 1. Subject to the provisions of this act, the town of Brookha-
 ven, located in the county of Suffolk, acting by and through its govern-
 ing  body and upon such terms and conditions as determined by such body,
 is hereby authorized to discontinue as parklands the lands more  partic-
 ularly described in section three of this act, for the construction of a
 wet retention pond for municipal drainage 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 parklands, provided
 that the town of Brookhaven has never used such lands for park purposes.
   § 3. The parklands authorized by section one of this act to be discon-
 tinued as parklands are described as follows:
   All that part or parcel of land  situate  as  Mastic  Beach,  Town  of
 Brookhaven,  County  of  Suffolk and State of New York and known as Lots
 3414-3418, 3421-3427 & 3440-3448 as shown on the map  of  Mastic  Beach,
 filed  in  the  office  of the Suffolk County Clerk on 06/03/1926 as map
 number 1004 and described as follows:
   Beginning at a point at the intersection  of  the  southerly  side  of
 Forest  Road  with  the  westerly  side of Orchid Drive, running thence,
 along the westerly side of Orchid Drive, south 11°25'00" east a distance
 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.
                                                            LBD10619-04-3
 A. 6028--A                          2
 
              

   Thence, along  the  northerly  line  of  lots  3449  and  3428,  south
 78°35'00"  west  a distance of 200.00 feet to the easterly side of Rivi-
 era;
   Thence,  along  the  easterly  side of Riviera, north 11°25'00" west a
 distance of 140.00 feet to the northerly side of lot 3421;
   Thence, along the northerly side of lot 3421, north 78°35'00"  east  a
 distance of 100.00 feet to the westerly side of lot 3441;
   Thence,  along  the  westerly  side of lots 3441, 3440 and 3414, north
 11°25'00" west a distance of 140.00 feet to the southerly side of Forest
 Road;
   Thence, along the southerly side of Forest Road, north 78°35'00"  east
 a  distance  of 100.00 feet to the westerly side of Orchid Drive and the
 point or place of beginning.
   Said parcel contains 42,000 square feet or .91 acres, more or less.
   § 4. Prior to the discontinuance and alienation of parkland  described
 in  section  three  of  this  act, the town of Brookhaven, acting by and
 through its governing body, shall dedicate replacement land for  use  as
 parklands described as follows:
   ALL  that  certain  plot,  piece or parcel of land, situate, lying and
 being at East Moriches, in the Town of Brookhaven, County of Suffolk and
 State of New York, known and designated at Lot  Numbers  11  through  61
 inclusive,  in  Block Seven (7) as shown on a certain map entitled: "Map
 of Ridgewood By The Sea, Section One" and filed in  the  Office  of  the
 Clerk  of  Suffolk  County  on May 3, 1927 as Map Number 833, which said
 lots when taken together are more particularly bounded and described  as
 follows:
   BEGINNING  at a point on the northeasterly side of Emener Avenue where
 the same is intersected by the division line between Lots 10 and  11  as
 shown  on the aforesaid map, said point being distant 200.00 feet south-
 easterly as measured along the northeasterly side of Emener Avenue  from
 the corner formed by the intersection of the northeasterly side of Emen-
 er Avenue with the southeasterly side of First Street;
   RUNNING  THENCE  from said point or place of beginning along the divi-
 sion line first above mentioned, North 57 degrees 12 minutes 30  seconds
 East, 100.00 feet;
   THENCE North 32 degrees 47 minutes 30 seconds West, 200.00 feet to the
 southeasterly side of First Street;
   THENCE  along the southeasterly side of First Street, North 57 degrees
 12 minutes 30 seconds East, 100 feet to the northwesterly side of Ridge-
 wood Avenue;
   THENCE along the northwesterly side of Ridgewood Avenue the  following
 two (2) courses and distances:
   1. South 32 degrees 47 minutes 30 seconds East, 303.31 feet;
   2.  South  17  degrees  32 minutes 30 seconds East, 411.17 feet to the
 northwesterly side of Second Street;
   THENCE along the northwesterly side of Second Street, South 57 degrees
 12 minutes 30 seconds West, 91.85 feet  to  the  northeasterly  side  of
 Emener Avenue;
   THENCE along the northeasterly side of Emener Avenue, North 32 degrees
 47  minutes 30 seconds West, 500.00 feet to the point or place of BEGIN-
 NING.
   Said parcel contains 2.3 acres, more or less.
   § 5. In the event that the fair market value of the  parklands  to  be
 dedicated  by  the  town of Brookhaven described in section four of this
 act are not equal to or greater than the fair market value of the  park-
 lands  to  be  discontinued  in  section  three of this act, the town of
 A. 6028--A                          3
 
 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 parklands 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.