senate Bill S7580A

2013-2014 Legislative Session

Authorizes the county of Suffolk to alienate certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 06, 2014 print number 7580a
amend (t) and recommit to cultural affairs, tourism, parks and recreation
May 15, 2014 referred to cultural affairs, tourism, parks and recreation

Bill Amendments

Original
A (Active)
Original
A (Active)

S7580 - Bill Details

See Assembly Version of this Bill:
A9657A
Current Committee:
Law Section:
Parks

S7580 - Bill Texts

view summary

Authorizes the county of Suffolk to alienate certain parcels of land used as parkland, to lease such land to the Elwood public library, and to acquire other parcels of land to replace such parkland.

view sponsor memo
BILL NUMBER:S7580

TITLE OF BILL: An act authorizing the county of Suffolk to alienate
certain parcels of land used as parkland

PURPOSE:

This legislation would authorize the county of Suffolk to alienate
certain parcels of land used as parkland to allow the Elwood Public
Library to construct a new facility on the property.

SUMMARY OF PROVISIONS:

Section 1. The County of Suffolk is hereby authorized to discontinue
as parklands, alienate and convey the lands described in section three
of the act.

Section 2. The authorization contained in the section one of the act
shall only be effective on the condition that the County of Suffolk
acquire and dedicate lands of equal or greater fair market value as
additional parklands of the county.

JUSTIFICATION:

The Elwood Public library is currently renting space in a commercial
shopping property at 1929 Jericho Turnpike in Elwood. This bill will
give the public library its own property and ability to construct a
new, permanent facility that is more appropriate for their needs and
resources.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  7580

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the  Committee  on  Cultural  Affairs,
  Tourism, Parks and Recreation

AN  ACT authorizing the county of Suffolk to alienate certain parcels of
  land used as parkland

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The county of Suffolk, is hereby authorized to discontinue
as parklands, alienate and convey the lands described in  section  three
of this act.
  S 2. The authorization contained in section one of this act shall only
be  effective  on  the  condition that the county of Suffolk acquire and
dedicate lands of equal or greater fair market value as additional park-
lands of the county.
  S 3. The lands to be  discontinued  as  parklands  and  alienated  and
conveyed are described as follows:
  All  that  certain  plot, piece, or parcel of land, with the buildings
and improvements thereon erected, situate, lying and being Town of Hunt-
ington, County of Suffolk and State  of  New  York,  being  bounded  and
described as follows:
  BEGINNING  at  a point on the westerly side of Cuba Hill Road distant,
187.00 Feet southerly as measured along the westerly side of  Cuba  Hill
Road from the extreme southerly end of the arc of a curve which connects
the southerly side of Elbormar Drive with the westerly side of Cuba Hill
Road.
  RUNNING  THENCE  South 12 degrees 38 minutes 40 seconds East along the
westerly side of Cuba Hill Road, 6.90 Feet to a point;
  THENCE South 20 degrees 26 minutes 00 seconds East,  still  along  the
westerly  side  of Cuba Hill Road, 91.57 Feet to land now or formerly of
Sisters of St. Benedict;
  THENCE  the  following  two  (2)  courses  and  distances  along  last
mentioned land:
  1.  South  85  degrees  53  minutes  40 seconds West, 227.95 Feet to a
point;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14968-03-4

S. 7580                             2

  2. South 86 degrees 16 minutes 00 seconds West,  329.76  Feet  to  the
southeast  corner of Lot No. 9, as shown on a certain map entitled, "Map
of Elbormar" and filed in the Suffolk County Clerk's Office on 5/16/1947
as Map No. 1543;
  THENCE  the  following  two (2) courses and distances along Lot No. 9,
No.  10 and No. 11 as shown on aforesaid map;
  1. North 6 degrees 45 minutes 40 seconds West, 101.66 Feet to a point;
  2. North 86 degrees 51 minutes 20 seconds East,  535.71  Feet  to  the
westerly side of Cuba Hill Road at the point or place of BEGINNING.
  S  4.  In  the  event  that  the lands to be acquired are not equal or
greater in  fair  market  value  than  the  lands  being  alienated,  as
described  in  section  three  of  this act, the county of Suffolk shall
dedicate the difference in the fair market value for the acquisition  of
additional  parklands  and/or  for capital improvements to existing park
and recreational facilities.
  S 5. If the land that is the subject of this act has received  funding
pursuant to the federal land and water conservation fund, the discontin-
uance  of  parklands  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 satisfying the
secretary of the interior  that  the  discontinuance  will  include  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.

S7580A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9657A
Current Committee:
Law Section:
Parks

S7580A (ACTIVE) - Bill Texts

view summary

Authorizes the county of Suffolk to alienate certain parcels of land used as parkland, to lease such land to the Elwood public library, and to acquire other parcels of land to replace such parkland.

view sponsor memo
BILL NUMBER:S7580A

TITLE OF BILL: An act authorizing the county of Suffolk to alienate
certain parcels of land used as parkland and to acquire other parcels
of land to replace such parkland

PURPOSE:

This legislation would authorize the county of Suffolk to alienate
certain parcels of land used as parkland to allow the Elwood Public
Library to construct a new facility on the property.

SUMMARY OF PROVISIONS:

Section 1. The County of Suffolk is hereby authorized to discontinue
as parklands, alienate and convey the lands described in section three
of the act.

Section 2. The authorization contained in the section one of the act
shall only be effective on the condition that the County of Suffolk
acquire and dedicate lands of equal or greater fair market value as
additional parklands of the county.

Section 3 describes the parkland that will be alienated.

Section 4 describes the land to be acquired that will replace the
alienated parkland.

JUSTIFICATION:

The Elwood Public library is currently renting space in a commercial
shopping property at 1929 Jericho Turnpike in Elwood. This bill will
give the public library its own property and ability to construct a
new, permanent facility that is more appropriate for their needs and
resources.

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
________________________________________________________________________

                                 7580--A

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the  Committee  on  Cultural  Affairs,
  Tourism,  Parks  and Recreation -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT authorizing the county of Suffolk to alienate certain parcels  of
  land  used as parkland and to acquire other parcels of land to replace
  such parkland

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The county of Suffolk, is hereby authorized to discontinue
the use of certain municipally owned parklands and to lease for  a  term
not to exceed twenty-five years the parklands which are more particular-
ly described in section three of this act to Elwood Public Library.
  S 2. The authorization contained in section one of this act shall only
be  effective  on  the  condition that the county of Suffolk acquire and
dedicate lands as new parklands the lands described in section  four  of
this act, such land to be used for park purposes.
  S  3.  The  lands  to  be  discontinued as parklands and alienated and
conveyed consist of 1.2 acres and are described as follows:
  All that certain plot, piece, or parcel of land,  with  the  buildings
and improvements thereon erected, situate, lying and being Town of Hunt-
ington,  County  of  Suffolk  and  State  of New York, being bounded and
described as follows:
  BEGINNING at a point on the westerly side of Cuba Hill  Road  distant,
187.00  Feet  southerly as measured along the westerly side of Cuba Hill
Road from the extreme southerly end of the arc of a curve which connects
the southerly side of Elbormar Drive with the westerly side of Cuba Hill
Road.
  RUNNING THENCE South 12 degrees 38 minutes 40 seconds East  along  the
westerly side of Cuba Hill Road, 6.90 Feet to a point;
  THENCE  South  20  degrees 26 minutes 00 seconds East, still along the
westerly side of Cuba Hill Road, 91.57 Feet to land now or  formerly  of
Sisters of St. Benedict;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14968-09-4

S. 7580--A                          2

  THENCE  the  following  two  (2)  courses  and  distances  along  last
mentioned land:
  1.  South  85  degrees  53  minutes  40 seconds West, 227.95 Feet to a
point;
  2. South 86 degrees 16 minutes 00 seconds West,  329.76  Feet  to  the
southeast  corner of Lot No. 9, as shown on a certain map entitled, "Map
of Elbormar" and filed in the Suffolk County Clerk's Office on 5/16/1947
as Map No. 1543;
  THENCE the following two (2) courses and distances along  Lot  No.  9,
No.  10 and No. 11 as shown on aforesaid map;
  1. North 6 degrees 45 minutes 40 seconds West, 101.66 Feet to a point;
  2.  North  86  degrees  51 minutes 20 seconds East, 535.71 Feet to the
westerly side of Cuba Hill Road at the point or place of BEGINNING.
  S 4. The replacement lands to be acquired and dedicated by the  county
of  Suffolk  to  use as new parkland for public park purposes consist of
44.38 acres and are described as follows:
  All that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and  being  at  Mt.  Sinai,
Town  of  Brookhaven, County of Suffolk and State of New York being more
particularly bounded and described as follows:
  BEGINNING at a monument on the southerly side of Bayview  Avenue  (Old
Post  Lane)  where the same is intersected by the easterly line of lands
of the order of Poor Brethren of St. Francis, now known as  the  Society
of  St.  Francis,  American  Province, Inc. and the westerly side of the
premises herein described;
  RUNNING THENCE from said point and place of beginning along the south-
erly side of Bayview Avenue (Old Post  Lane)  the  following  three  (3)
courses and distances;
  1)  North  74  degrees  51 minutes 00 seconds east a distance of 98.00
feet;
  2) South 72 degrees 07 minutes 10 seconds east  a  distance  of  52.09
feet;
  3)  South  28  degrees  48 minutes 00 seconds east a distance of 35.87
feet to lands now or formerly of Salmon;
  THENCE along land of Salmon, along land now or formerly of Takach  and
lands  now  or  formerly of Kowaleski the following four (4) courses and
distances;
  1) South 20 degrees 56 minutes 26 seconds west a  distance  of  300.41
feet;
  2)  South  28  degrees 50 minutes 38 seconds east a distance of 446.83
feet;
  3) South 42 degrees 53 minutes 14 seconds east  a  distance  of  90.60
feet;
  4)  North  42  degrees  40 minutes 00 seconds east a distance of 36.05
feet to lands now or formerly of Brazier family 2009 irrevocable trust;
  THENCE along said last mentioned land, along lands now or formerly  of
Scaglione  and  lands  now or formerly of Daddino the following five (5)
courses and distances;
  1) South 33 degrees 10 minutes 00 seconds east  a  distance  of  64.30
feet;
  2)  South  8  degrees  31  minutes 00 seconds east a distance of 68.50
feet;
  3) South 12 degrees 13 minutes 00 seconds east  a  distance  of  82.00
feet;
  4)  South  22  degrees 53 minutes 00 seconds east a distance of 145.70
feet;

S. 7580--A                          3

  5) South 31 degrees 00 minutes 00 seconds east a  distance  of  121.40
feet to lands now or formerly of Jean M. Caliguri living trust;
  THENCE  still  along  lands now or formerly of Jean M. Caliguri living
trust and lands now or formerly of Alfano,  lands  now  or  formerly  of
Varland,  lands  now  or  formerly  of Coleman, lands now or formerly of
Spero and lands now or formerly of Hecht, the following seven (7) cours-
es and distances;
  1) South 66 degrees 06 minutes 00 seconds west a  distance  of  135.00
feet;
  2)  South  66  degrees  16 minutes 00 seconds west a distance of 97.78
feet;
  3) South 61 degrees 33 minutes 00 seconds west a  distance  of  138.70
feet;
  4)  South  60  degrees 16 minutes 00 seconds west a distance of 131.65
feet;
  5) South 51 degrees 05 minutes 00 seconds west  a  distance  of  56.20
feet;
  6)  South  72  degrees 31 minutes 00 seconds west a distance of 168.20
feet;
  7) South 83 degrees 03 minutes 00 seconds west  a  distance  of  93.50
feet to a point;
  THENCE  still along lands now or formerly of Hecht and lands of others
the following eight (8)  courses  and  distances  to  a  point  and  the
northwesterly line of Shore Road west;
  1)  South  00  degrees 00 minutes 56 seconds east a distance of 356.36
feet;
  2) South 13 degrees 18 minutes 00 seconds west  a  distance  of  78.50
feet;
  3)  South  26  degrees  55 minutes 00 seconds west a distance of 44.57
feet;
  4) North 67 degrees 32 minutes 00 seconds west  a  distance  of  80.20
feet;
  5)  North  73  degrees  22 minutes 00 seconds west a distance of 88.30
feet;
  6) South 27 degrees 46 minutes 00 seconds east a  distance  of  209.30
feet;
  7)  South  58  degrees 49 minutes 00 seconds west a distance of 260.40
feet;
  8) South 19 degrees 32 minutes 00 seconds east a  distance  of  209.84
feet;
  THENCE  along  the  northwesterly  line  of  shore road west, south 46
degrees 10 minutes 00 seconds west a distance of 61.36 feet to  a  monu-
ment  and  lands  now or formerly of Herwerth; thence along lands now or
formerly of Herwerth the following three (3) courses and distances;
  1) North 65 degrees 12 minutes 00 seconds west a  distance  of  121.72
feet;
  2)  North  65  degrees 47 minutes 00 seconds west a distance of 136.10
feet;
  3) North 72 degrees 12 minutes 00 seconds west  a  distance  of  65.12
feet to lands know or formerly of Bruni;
  THENCE  along  lands  now  or formerly of Bruni and lands of other the
following four (4) courses and distances;
  1) North 66 degrees 22 minutes 00 seconds west a  distance  of  149.70
feet;
  2)  North  67  degrees 24 minutes 00 seconds west a distance of 131.45
feet;

S. 7580--A                          4

  3) North 65 degrees 33 minutes 00 seconds west a  distance  of  129.50
feet;
  4)  North  68  degrees 12 minutes 00 seconds west a distance of 178.40
feet to the easterly line of "map of Mt. Sinai Hills section  3",  filed
in the office of the Suffolk County Clerk as map no. 8071;
  THENCE  along  the  Easterly  line  of  said map the following six (6)
courses and distances;
  1) North 05 degrees 54 minutes 00 seconds west a  distance  of  100.00
feet;
  2)  North  07  degrees 29 minutes 00 seconds west a distance of 140.80
feet;
  3) North 05 degrees 55 minutes 00 seconds east  a  distance  of  29.20
feet;
  4)  North  21  degrees 03 minutes 00 seconds east a distance of 104.20
feet;
  5) North 20 degrees 19 minutes 00 seconds east a  distance  of  177.50
feet;
  6)  North  18  degrees 42 minutes 00 seconds east a distance of 236.80
feet to a monument and lands now or formerly of Society of St.  Francis,
American Province, Inc.;
  THENCE along lands now or formerly of Society of St. Francis, American
Province, Inc. the following sixteen (16) courses and distances;
  1) South 87 degrees 00 minutes 00 seconds east a  distance  of  199.90
feet;
  2)  South  82  degrees  38 minutes 00 seconds east a distance of 58.00
feet;
  3) South 87 degrees 32 minutes 00 seconds east a  distance  of  230.60
feet;
  4)  North  3  degrees  58 minutes 00 seconds west a distance of 104.30
feet;
  5) North 26 degrees 21 minutes 00 seconds east  a  distance  of  98.20
feet;
  6)  North  0  degrees  45 minutes 00 seconds east a distance of 127.90
feet;
  7) North 8 degrees 10 minutes 00 seconds east  a  distance  of  133.70
feet;
  8)  North  87  degrees 54 minutes 00 seconds east a distance of 110.00
feet;
  9) North 9 degrees 55 minutes 00 seconds east  a  distance  of  367.01
feet;
  10)  South  82  degrees 44 minutes 00 seconds east a distance of 12.00
feet;
  11) North 31 degrees 50 minutes 00 seconds east a  distance  of  35.00
feet;
  12)  North  59  degrees 55 minutes 00 seconds east a distance of 48.50
feet;
  13) South 89 degrees 30 minutes 00 seconds east a distance  of  112.20
feet;
  14)  North  20 degrees 08 minutes 00 seconds east a distance of 207.75
feet;
  15) North 36 degrees 57 minutes 00 seconds east a distance  of  348.00
feet;
  16)  North  13  degrees 55 minutes 00 seconds east a distance of 46.44
feet to the point and place of BEGINNING.
  S 5. In the event that the lands  to  be  acquired,  as  described  in
section  four of this act, are not equal or greater in fair market value

S. 7580--A                          5

than the lands being alienated, as described in section  three  of  this
act,  the  county  of  Suffolk shall dedicate the difference in the fair
market value for the acquisition  of  additional  parklands  and/or  for
capital improvements to existing park and recreational facilities.
  S  6. If the land that is the subject of this act has received funding
pursuant to the federal land and water conservation fund, the discontin-
uance of parklands 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  satisfying  the
secretary  of  the  interior  that  the  discontinuance will include 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 7. This act shall take effect immediately.

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