senate Bill S5840

Signed By Governor
2013-2014 Legislative Session

Authorizes the town of Orangetown, county of Rockland, to discontinue use of certain lands as park lands

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


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

do you support this bill?

Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 21, 2013 signed chap.420
Oct 09, 2013 delivered to governor
Jun 21, 2013 returned to senate
passed assembly
home rule request
ordered to third reading rules cal.669
substituted for a8067
Jun 20, 2013 referred to ways and means
delivered to assembly
passed senate
home rule request
ordered to third reading cal.1520
Jun 17, 2013 referred to rules

Votes

view votes

S5840 - Bill Details

See Assembly Version of this Bill:
A8067
Law Section:
Parks

S5840 - Bill Texts

view summary

Authorizes the town of Orangetown, county of Rockland, to discontinue use of certain lands as park lands and sell such lands and dedicate certain other lands as park lands.

view sponsor memo
BILL NUMBER:S5840

TITLE OF BILL: An act to authorize the town of Orangetown, county of
Rockland, to discontinue use of certain lands as park lands and sell
such lands, and dedicate certain other lands as park lands

PURPOSE: To authorize the Town of Orangetown to discontinue the use
of its municipal golf course as park lands and replace it with a new
park along Lake Tappan.

SUMMARY OF PROVISIONS:

Section one of this bill authorizes the Town of Orangetown to
discontinue as park lands and alienate the Broadacres Golf Course.

Section two provides that the authorization contained in this act
would take effect only upon the condition that the Town of Orangetown
dedicates at least thirty (30) contiguous acres of land along the
eastern shore of Lake Tappan as additional park lands and improves
such lands by creating walking/ biking paths and public access to the
lake. Section two further provides that in the event that the fair
market value of the new and improved park lands along the lakefront
are not equal to or greater than the fair market value of Broadacres
the town must dedicate the difference in fair market value between
Broadacres and the new lake front park to the acquisition or
designation of new town park lands or the improvement of existing town
park and recreational facilities.

Section three provides a detailed description of the approximately
sixty-five (65) acres that comprise the Broadacres Golf Course.

Section four provides that prior to the discontinuance and alienation
of the Broadacres Golf Course, the Town of Orangetown must designate
as park lands at least thirty (30) contiguous acres of lands along the
eastern shores of Lake Tappan. Section four also establishes the area
in which the town may designate the new thirty (30) acre lake front
park.

Section five requires that, in the event that the Town of Orangetown
received any funding to support Broadacres Golf Course, the
discontinuance and alienation of the course shall not occur until the
town has complied with any federal requirements pertaining to the
alienation or conversion of park lands.

Section six provides the effective date.

JUSTIFICATION: The Town of Orangetown is currently in the process of
planning the future use and development of a large tract of land that
occupies the geographic center of the community. This area includes
lands presently and formerly associated with the Rockland Psychiatric
Center (RPC). The goal of the Town's planning effort is to develop the
RPC site and surrounding lands in a manner that is consistent with the
Town's overall planning goals and serves the recreational and economic
needs of the Town.

A successful RPC site development effort will require the Town to
reconfigure existing land uses in the area. This reconfiguration would


begin by discontinuing the use of the Broadacres Golf Course as a
park, which provides limited recreational opportunities for a fee, and
developing new park lands along Lake Tappan. Proceeds from the sale of
Broadacres Golf Course would provide the Town with needed capital to
develop a new lakefront park, which, once developed, will provide more
Town residents with more opportunities for enjoyment, amusement, and
pleasure.

The development of a new park along Lake Tappan would expand visual
and physical public access to the lake, which would provide the town
with a valuable scenic resource. Unlike Broadacres Golf Course, a park
along Lake Tappan would better serve the recreational needs of all
Town residents by providing new opportunities to partake in such
activities as bicycle riding, strolling, rollerblading, and
picnicking. Additionally, the Town already benefits from adequate
golfing facilities, specifically in the form of Blue Hill Golf Course,
a 27-hole course located in town less than two miles to the west of
Broadacres.

The development of a lakefront park would also better serve the Town's
interest in securing and enhancing the value of other lands near the
RPC site that will be developed for private and taxable uses. This
benefit would serve the Town's vital economic interests, which are
central to its RPC development planning efforts.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5840

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 17, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to authorize the town  of  Orangetown,  county  of  Rockland,  to
  discontinue  use  of  certain lands as park lands and sell such lands,
  and dedicate certain other lands as park lands

  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 Orange-
town, county of Rockland, is hereby authorized, acting  by  and  through
its  town board and upon such terms and conditions as determined by such
board, to discontinue the use of the municipally owned park land common-
ly known as Broadacres Golf Course, and more particularly  described  in
section  three of this act, which is no longer needed for park purposes,
and sell and convey in fee simple for its fair  market  value  and  upon
such  terms  and conditions as it deems appropriate such lands which are
no longer useful for park and  recreation  purposes.  The  authorization
contained  in this section shall only be effective on the condition that
State of New York waives any reversion clause of any deed conveying such
property, if applicable.
  S 2. The authorization contained in section one of this act shall take
effect only upon the condition that the town of Orangetown  shall  dedi-
cate lands from the lands described in section four of this act as addi-
tional  park lands of the town, provided that the town of Orangetown has
never used such lands for public open space or park  purposes,  are  not
lands  under  water,  are improved such that the lands with improvements
are of equal or greater fair market value than the  value  of  the  park
lands  being  alienated  by  this act, are at least thirty acres of land
that include all land adjacent to a  body  of  water  within  the  lands
described  in  section  four  of this act known as Lake Tappan, and that
such lands form one contiguous park. Such  improvements  shall  include,
but  not  be  limited  to, a walking and/or bike path, and public access

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11564-02-3

S. 5840                             2

points to Lake Tappan.  The authorization contained in  section  one  of
this  act  shall also only be effective on the condition that the Office
of Parks, Recreation and Historic  Preservation  has  agreed  that  such
additional  lands are suitable replacement park lands. In the event that
such lands and improvements are not of  equal  or  greater  fair  market
value to the park lands being alienated by this act, the town of Orange-
town  shall  dedicate  the  difference in such fair market value for the
acquisition or designation of additional town park lands that  the  town
of  Orangetown has never used for public open space or park purposes, or
for capital improvements to existing town park and recreational  facili-
ties.
  S  3. The lands authorized by section one of this act to be discontin-
ued as park lands, and to be sold and conveyed are as follows:
  ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being in  the  Town  of
Orangetown, County of Rockland and State of New York, being more partic-
ularly bounded and described as follows:
  BEGINNING  at an iron pin at the intersection of the southerly side of
Convent Road with the southwesterly  line  of  lands  of  the  Palisades
Interstate Parkway; running thence Southeasterly along the southwesterly
line of said lands of the Palisades Interstate Parkway on a curve to the
right  having a radius of 85200.00 feet, the arc length of 1127.10 feet,
said curve being subtended by a chord bearing of South 38° 37' 37"  East
and a length of 1126.28 feet; running thence South 9° 33' 28" East 70.16
feet;  running thence South 86° 10' 42" West 169.64 feet; running thence
South 0° 29' 31" East 434.02 feet; running thence South 86° 53' 36" East
180.62 feet; running thence South 0° 27' 28" East 919.15  feet;  running
thence  South 12° 41' 48" West 532.48 feet; running thence South 75° 23'
37" West 669.81 feet; running thence North 18° 05' 09" East 542.73 feet;
running thence North 0° 49' 20" East 200.30 feet; running  thence  North
16°  11'  45"  East  220.32  feet;  running thence North 0° 17' 09" East
242.81 feet; running thence North 18° 52' 35" West 292.53 feet;  running
thence North 8° 46' 37" West 90.46 feet; running thence North 4° 02' 36"
West  184.50  feet;  running  thence South 62° 13' 00" West 174.29 feet;
running thence South 1° 35' 56" West 146.64 feet; running  thence  South
89°  34'  18"  West  428.60  feet; running thence North 32° 03' 38" West
114.70 feet; running thence North 53° 35' 58" West 84.80  feet;  running
thence  North  42° 36' 43" West 50.88 feet; running thence North 33° 45'
55" West 52.74 feet; running thence North 21° 38' 31" West  49.42  feet;
running  thence  North 10° 02' 58" West 50.27 feet; running thence North
6° 44'22" West 36.63 feet; running thence South 88° 11' 36" West  261.00
feet;  running  thence North 2° 06' 36" West 1115.47 feet to an iron pin
in the southerly side of Convent road; running thence North 88° 31'  56"
East  408.32  feet; running thence North 87° 42' 57" East 621.05 feet to
an iron pin the southwesterly line of lands of the Palisades  Interstate
Parkway,  being  the  northeasterly  corner  of the premises hereinabove
described and the point of place of BEGINNING, CONTAINING 64.8743 acres,
more or less.
  S 4. Prior to the discontinuance  and  alienation  of  the  park  land
described  in section three of this act, and subject to the requirements
of section two of this act, the town of Orangetown, acting  through  its
town  board,  shall  dedicate  lands from the description of lands below
that the town of Orangetown has never used for public open space or park
purposes, are not lands under water, are at least thirty acres  of  land
that  include all land adjacent to a body of water known as Lake Tappan,

S. 5840                             3

and that such lands form one contiguous park. Such lands are located  in
an area bounded and described as follows:
  ALL  that  certain  plot,  piece  or parcel of land situate, lying and
being in the Town of Orangetown, County of Rockland  and  State  of  New
York, being more particularly bounded and described as follows:
  BEGINNING  at  a point in the northerly side of Old Orangeburg Road at
its intersection with the northerly  side  of  Veterans  Memorial  Drive
a/k/a  New  Orangeburg  Road  and  running thence North 84° 03' 48" West
along the northerly side of Veterans Memorial Drive a/k/a New Orangeburg
Road 42.77 feet; running thence North 70° 41' 42" West still  along  the
northerly  side  of  Veterans  Memorial  Drive a/k/a new Orangeburg Road
174.74 feet; running thence North 34° 14' 48" West 209.46 feet;  running
thence  North 22° 26' 12" East 1,022.58 feet to a corner; running thence
South 85° 34' 12" West still along the same 166.55  feet  to  a  corner;
running  thence North 12° 56' 22" East 285.35 feet; running thence North
1° 49' 08" West 222.46 feet; running  thence  North  17°  13'  32"  East
207.02  feet;  running thence North 80° 22' 22" East 93.34 feet; running
thence South 52° 08' 58" East 93.41 feet; running thence South  88°  00'
38" East 133.52 feet; running thence North 69° 47' 12" East 141.69 feet;
running  thence North 47° 58' 52" East 338.13 feet; running thence North
78° 14' 52" East 123.15 feet; running thence  South  81°  31'  48"  East
122.77  feet;  running thence North 57° 34' 42" East 97.72 feet; running
thence North 30° 40' 32" East 184.56 feet; running thence North  0°  07'
58" West 148.68 feet; running thence North 41° 34' 12" East 322.84 feet;
running  thence  South 84° 55' 08" East 273.91 feet thence North 86° 11'
40" East 452.00 feet; running thence South 20° 56' 14" East 123.13 feet;
running thence North 58° 55' 10" East 768.44 feet; running thence  North
63°  30'  13"  East  599.40  feet;  running thence South 0° 28' 51" West
517.55 feet; running thence South 88° 10' 59" West 576.17 feet;  running
thence  South  4° 47' 04" East 859.02 feet; running thence South 70° 17'
25" West 84.17; running thence Due West 267.48 feet; running thence  Due
South  95.82  feet;  running  thence  South 70° 17' 25" West 48.04 feet;
running thence South 6° 39' 10" East 161.28 feet; running  thence  South
79°  53'  23"  East  500.35  feet;  running thence South 2° 34' 07" East
623.29 feet; running thence South 76° 20' 28" West 127.36 feet;  running
thence  South  87° 18' 26" West 185.39 feet; running thence South 0° 00'
18" West 665.06 feet in the  northerly  side  of  Old  Orangeburg  Road;
running  thence  South 86° 05' 03" West 59.81 feet; running thence North
89° 54' 12" West 583.36 feet; running thence  South  87°  27'  33"  West
197.88  feet;  running  thence South 86° 20' 03" West 193.02 feet in the
northerly side of Old Orangeburg Road; running thence Due North,  743.60
feet;  running  thence  Due  West,  580.39  feet;  running  thence North
75°40'44" West 110.46 feet; running thence South  36°33'44"  West  48.05
feet;  running  thence  North  53°26'16" West 24.46 feet; running thence
South 39°18'20" West 66.52 feet;  running  thence  Southwesterly,  on  a
curve to the right having a radius of 434.61 feet and an arc distance of
144.03  feet;  running  thence  Southwesterly,  on  a curve to the right
having a radius of 135.06 feet and  an  arc  length  of  71.92  feet  of
compound curvature; running thence Southwesterly, on a curve to the left
having  a  radius  of  115.05  feet  and an arc length of 109.96 feet of
reverse curvature; running thence Southeasterly, on a curve to the  left
having  a  radius  of  65.00  feet  and  an  arc length of 79.01 feet of
compound curvature; running thence  South  35°36'22"  East  81.38  feet;
running  thence  Southerly,  on  a curve to the right having a radius of
285.00 feet and an arc length  of  211.28  feet;  running  thence  South
06°52'07"  West 200.23 feet; running thence Southerly, on a curve to the

S. 5840                             4

left having a radius of 115.00 feet and an arc  length  of  19.34  feet;
running  thence Southeasterly, along a curve to the left having a radius
of 35.00 feet and an arc length of 56.72 feet along the  northerly  side
of  Old  Orangeburg  Road;  running thence South 84° 23' 03" West 670.19
feet along the northerly side of Old Orangeburg Road  to  the  point  or
place of BEGINNING.
  S  5.  If  the  parkland  that is the subject of this act has received
funding pursuant to the federal land and water  conservation  fund,  the
discontinuance  of  parkland  authorized  by  the provisions of this act
shall not occur until the municipality has  complied  with  the  federal
requirements pertaining to the conversion of parklands, including satis-
fying  the  secretary  of  the interior that the discontinuance 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 recreational usefulness to the lands being discontinued.
  S 6. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.