S T A T E O F N E W Y O R K
________________________________________________________________________
9830
I N S E N A T E
June 3, 2024
___________
Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend chapter 719 of the laws of 1982, relating to authorizing
the commissioner of general services to convey certain state lands in
the county of Suffolk to the town of Islip, in relation to exceptions
for certain property (Part A); and authorizing the town of Islip,
county of Suffolk, to alienate certain parkland (Part B)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law components of legislation relating
to the discontinuance of certain parklands in the Town of Islip. Each
component is wholly contained within a Part identified as Parts A
through B. The effective date for each particular provision contained
within such Part is set forth in the last section of such Part. Any
provision in any section contained within a Part, including the effec-
tive date of the Part, which makes a reference to a section "of this
act", when used in connection with that particular component, shall be
deemed to mean and refer to the corresponding section of the Part in
which it is found. Section three of this act sets forth the general
effective date of this act.
PART A
Section 1. Chapter 719 of the laws of 1982, relating to authorizing
the commissioner of general services to convey certain state lands in
the county of Suffolk to the town of Islip, is amended by adding a new
section 1-c to read as follows:
§ 1-C. THE COMMISSIONER OF GENERAL SERVICES SHALL AMEND A CONVEYANCE
TO THE TOWN OF ISLIP TO REMOVE RESTRICTIONS PROVIDED IN SECTION SEVEN OF
THIS ACT APPLYING TO THE PARCEL OF LAND DESCRIBED IN SECTION EIGHT-C OF
THIS ACT.
§ 2. The opening paragraph of section 7 of chapter 719 of the laws of
1982, relating to authorizing the commissioner of general services to
convey certain state lands in the county of Suffolk to the town of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15787-03-4
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Islip, as amended by chapter 332 of the laws of 2021, is amended and a
new section 8-c is added to read as follows:
With the exception of the lands described in sections seven-a [and],
eight-b AND EIGHT-C of this act, any land and improvements thereon
transferred pursuant to this act shall be used only by, or for the
purposes of the state, the United States of America and its transferees
or assigns, a union free school district as defined by the education
law, a municipal corporation or a not-for-profit college or university
chartered by the regents of the university of the state of New York.
Except for the United States of America and its transferees or assigns,
said land and any improvements thereon shall be used only for hospital,
park and recreation, municipal office or educational purposes, and for
complementary academic, scientific or technological uses, applied
research and developmental activities of a not-for-profit college or
university, a voluntary, municipal or state-operated hospital, a union
free school district as defined by the education law or a municipal
corporation. Said land or any improvements thereon transferred pursuant
to this act to the United States of America or its transferees or
assigns shall not be designed or altered for the overnight housing
and/or custody of prisoners or detainees. These purposes and/or
restrictions shall be recorded as deed covenants and restrictions
running with the land upon the transfer of the land to the town of
Islip, Suffolk county and its transferees or assigns. Provided, howev-
er, that the commissioner of general services, subject to the approval
of the town of Islip as evidenced by a resolution of the town board and
upon payment of fair and reasonable consideration as determined by said
commissioner by New York Institute of Technology to the office of gener-
al services, shall amend, modify or delete as set forth in said resol-
ution any of the above stated purposes, including the requirement that
they be recorded as deed covenants and restrictions running with the
land as such purposes and restrictions may appear in a conveyance to the
town of Islip, its transferee and assigns and apply to the following
described five parcels of land:
§ 8-C. THE LANDS SUBJECT TO THE AMENDED CONVEYANCE PURSUANT TO SECTION
ONE-C OF THIS ACT ARE SITUATED IN THE TOWN OF ISLIP, SUFFOLK COUNTY, AND
ARE GENERALLY DESCRIBED AS FOLLOWS:
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND WITH THE BUILDINGS AND
IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN CENTRAL ISLIP,
IN THE TOWN OF ISLIP, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BEING
MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE TOWN OF ISLIP,
SUFFOLK COUNTY, NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE LINE DIVIDING LANDS OF THE TOWN OF ISLIP
FROM LAND NOW OR FORMERLY OF STEEL CAMPUS, LLC AND MARCUS ISP APTS HOLD-
INGS, LLC. SAID POINT FURTHER DESCRIBED AS BEING THE FOLLOWING FOUR (4)
COURSES FROM THE INTERSECTION FORMED BY THE EASTERLY SIDE OF CARLETON
AVENUE (C.R. 17) AND THE SOUTHERLY SIDE OF SMITH STREET:
1) SOUTHERLY 2739.90 FEET AS MEASURED ALONG THE EASTERLY SIDE OF
CARLETON AVENUE,
2) N 74°17'26" E, 371.64 FEET,
3) S 07°23'31" E, 1152.15 FEET,
4) N 81°31'09" E, 696.61 FEET,
TO THE POINT OF BEGINNING.
RUNNING THENCE THROUGH LAND OF THE TOWN OF ISLIP; N81°31'09" E, 71.60
FEET; TO THE LINE DIVIDING LAND OF THE TOWN OF ISLIP FROM LAND NOW OR
FORMERLY OF STEEL CAMPUS, LLC AND MARCUS ISP APTS HOLDINGS, LLC.
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THENCE ALONG SAID LINE THE FOLLOWING THREE (3) COURSES:
1) S 09°40'46" E, 80.05 FEET,
2) S 79°13'05" W, 70.00 FEET,
3) N 10°46'55" W, 82.91 FEET,
TO THE POINT OR PLACE OF BEGINNING.
CONTAINING WITHIN SAID BOUNDS 5767 SQ. FT. (0.1324 ACRES)
§ 3. This act shall take effect immediately.
PART B
Section 1. Subject to the provisions of this act, the town of Islip,
in the 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 convey the lands described in
section three of this act, for the purpose of residential development.
§ 2. The authorization contained in section one of this act shall take
effect only upon the conditions that (1) the town of Islip shall dedi-
cate an amount equal to or greater than the fair market value of the
parklands being discontinued towards the acquisition of new parklands
and/or capital improvements to existing park and recreational facili-
ties, and (2) the commissioner of general services shall have amended a
deed from the state to the town conveying the lands described in section
three of this act, relating to the use of such lands, in order to permit
the alienation authorized pursuant to this act.
§ 3. The parklands authorized by section one of this act to be discon-
tinued as parkland are as follows:
ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate in the town of Islip,
Suffolk County, New York, bounded and described as follows:
BEGINNING at a point on the line dividing lands of the Town of Islip
from land now or formerly of Steel Campus, LLC and Marcus ISP APTS Hold-
ings, LLC. Said point further described as being the following four (4)
courses from the intersection formed by the easterly side of Carleton
Avenue (C.R. 17) and the southerly side of Smith Street:
1) Southerly 2739.90 feet as measured along the easterly side of
Carleton Avenue,
2) N 74°17'26" E, 371.64 feet,
3) S 07°23'31" E, 1152.15 feet,
4) N 81°31'09" E, 696.61 feet,
to the POINT of BEGINNING.
RUNNING THENCE through land of the Town of Islip; N81°31'09" E, 71.60
feet; to the line dividing land of the Town of Islip from land now or
formerly of Steel Campus, LLC and Marcus ISP APTS Holdings, LLC.
THENCE along said line the following three (3) courses:
1) S 09°40'46" E, 80.05 feet,
2) S 79°13'05" W, 70.00 feet,
3) N 10°46'55" W, 82.91 feet,
to the POINT or PLACE of BEGINNING.
Containing within said bounds 5767 sq. ft. (0.1324 acres)
§ 4. In the event that the town of Islip 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 authorized by the
provisions of section one of this act shall not occur until the town of
Islip has complied with any federal requirements pertaining to the
alienation or conversion of such parklands, including satisfying the
secretary of the interior that the alienation or conversion complies
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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.
§ 5. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Parts A through B of this act shall be
as specifically set forth in the last section of such Parts.
