senate Bill S2734A

Requires the transfer of certain lands to the Oak Brush Plain State Preserve by December 1, 2012

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 31 / Jan / 2011
    • REFERRED TO FINANCE
  • 16 / May / 2011
    • 1ST REPORT CAL.662
  • 17 / May / 2011
    • 2ND REPORT CAL.
  • 18 / May / 2011
    • ADVANCED TO THIRD READING
  • 02 / Jun / 2011
    • PASSED SENATE
  • 02 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 02 / Jun / 2011
    • REFERRED TO TOURISM, PARKS, ARTS AND SPORTS DEVELOPMENT
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO FINANCE
  • 02 / Mar / 2012
    • AMEND AND RECOMMIT TO FINANCE
  • 02 / Mar / 2012
    • PRINT NUMBER 2734A
  • 13 / Mar / 2012
    • 1ST REPORT CAL.331
  • 14 / Mar / 2012
    • 2ND REPORT CAL.
  • 15 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 18 / Apr / 2012
    • PASSED SENATE
  • 18 / Apr / 2012
    • DELIVERED TO ASSEMBLY
  • 18 / Apr / 2012
    • REFERRED TO TOURISM, PARKS, ARTS AND SPORTS DEVELOPMENT

Summary

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

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Bill Details

See Assembly Version of this Bill:
A3836A
Versions:
S2734
S2734A
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
General Services, Commissioner of
Laws Affected:
Amd §§7 & 8, Chap 635 of 1987
Versions Introduced in Previous Legislative Cycles:
2009-2010: S5502B, A6156B
2007-2008: S6728A, A9870A

Sponsor Memo

BILL NUMBER:S2734A

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, 2012.

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, or 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 Preserve, by
December 1, 2012. 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 were 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 been
annexed to the Preserve. In recent years, however, the Pilgrim State
Hospital land had been considered as a possible site for the New 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 of time and
energy into the planning of the LITRIM project with the goal of
reducing long haul truck traffic on the roads of Long Island. 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 to recent
substantial commercial development in the surrounding areas, is
unsuitable for a multi-modal facility. Today, the area immediately
surrounding the land is so vastly different than it was just a few
years ago when the LITRIM project was first proposed. The recent
approval of three major construction projects by town officials has so
overburdened this area with traffic congestion that the State should
not support yet another project that would further exacerbate 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 called 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; Veto
73

FISCAL IMPLICATIONS:
Minimal transactional costs.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2734--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 31, 2011
                               ___________

Introduced  by Sens. JOHNSON, FLANAGAN, ZELDIN -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Finance
  --  recommitted  to the Committee on Finance in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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:
  S  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07228-03-2

S. 2734--A                          2

OFFICE OF MENTAL HEALTH TO THE DEPARTMENT OF ENVIRONMENTAL  CONSERVATION
ON JANUARY 13, 1999,
  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;

S. 2734--A                          3

  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;
  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  2012
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.
  S 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, 2012 AND SHALL BE DEDICATED FOR THE PURPOSES OF SUCH ARTICLE
45.
  S 2. This act shall take effect immediately.

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