Authorizes the town of Brookhaven to alienate and discontinue the use of certain parklands for the purposes of developing a wastewater treatment plant.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9887A
SPONSOR: DeStefano TITLE OF BILL:
An act in relation to authorizing the town of Brookhaven to alienate and
discontinue the use of certain parklands
PURPOSE:
The purpose of this bill is to authorize the town of Brookhaven to
alienate and discontinue the use of certain parklands for the purposes
of developing a wastewater treatment plant.
SUMMARY OF PROVISIONS:
Section one of the bill authorizes the land parcel alienation and
conveyance of property interests in such lands for the purpose of
construction of a wastewater treatment plant.
Section two of the bill provides that this authorization shall be done
upon the condition that the town dedicate an amount equal to or greater
than fair market value of the parklands being alienated in this act,
towards the acquisition of new parklands and/or capital improvements to
existing park and recreational facilities.
Section three contains the metes and bounds of the parcel being alien-
ated.
Section four contains additional provisions and stipulations for the
alienation.
Section five contains the effective date.
JUSTIFICATION:
This land alienation authorization bill has been requested by the local
government. This authorization is necessary to help the Town of
Brookhaven's Mastic Beach Redevelopment Area Project proceed.
The installation of the wastewater treatment plant that this legislation
will facilitate, is crucial to the success of the town's revitalization
project in Mastic Beach. The revitalization goals include upgrades and
improvements to retail, commercial, civic and other community use spac-
es, as well as the addition of diverse types of housing including new,
mixed-use and affordable housing options. The wastewater treatment
plant is a key part of this project and will be made possible as a
result of this land alienation.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
Immediate.
STATE OF NEW YORK
________________________________________________________________________
9887--A
IN ASSEMBLY
April 26, 2024
___________
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 in relation to authorizing the town of Brookhaven to alienate and
discontinue the use of certain parklands
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subject to the provisions of this act, the town of Brookha-
2 ven is hereby authorized, acting by and through its governing body, and
3 upon such terms and conditions as determined by, and in the sole
4 discretion of such governing body, to discontinue the use as parkland
5 and alienate the lands described in section three of this act, and to
6 convey property interests in such lands for the purposes of developing a
7 wastewater treatment plant.
8 § 2. The authorization contained in section one of this act shall only
9 be effective on the condition that the town of Brookhaven dedicate an
10 amount equal to or greater than fair market value of the parklands being
11 alienated pursuant to section one of this act towards the acquisition of
12 new parklands and/or capital improvements to existing park and recre-
13 ational facilities.
14 § 3. The portion of land authorized by section one of this act to be
15 permanently discontinued as parkland is described as follows:
16 All that certain plot, piece or parcel of land, lying and being in
17 Shirley, Town of Brookhaven, County of Suffolk and State of New York,
18 being a part of Lot 80 on the "Map of Country Woods at Colony Preserve",
19 filed in the Office of the Suffolk County Clerk on August 22, 2013, File
20 No. 11926, said premises being more particularly bounded and described
21 as follows:
22 BEGINNING at a point the following courses and distances from the
23 intersection of the westerly side of Mastic Road with the northerly side
24 of Lincoln Avenue;
25 1) Westerly along the northerly side of Lincoln Avenue 555 feet;
26 2) S00°11"50"W, 442.14 feet to the TRUE POINT OR PLACE OF BEGINNING.
27 RUNNING THENCE S00°11'50"W, 380.27 feet;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15163-02-4
A. 9887--A 2
1 THENCE S00°11'38"W, 150.77 feet;
2 THENCE N89°48'22"W, 501.79 feet;
3 THENCE N00°11'50"E, 545.61 feet;
4 THENCE S88°08'35"E, 502.00 feet to the POINT or PLACE OF BEGINNING.
5 Containing within said bounds 6.2 acres, more or less.
6 § 4. In the event that the town of Brookhaven received any funding
7 support or assistance from the federal government for the purchase,
8 maintenance, or improvement of the parklands set forth in section three
9 of this act, the discontinuance and alienation of such parklands author-
10 ized by the provisions of this act shall not occur until the town of
11 Brookhaven has complied with any federal requirements pertaining to the
12 alienation or conversion of parklands, including satisfying the secre-
13 tary of the interior that the alienation or conversion complies with all
14 conditions which the secretary of the interior deems necessary to assure
15 the substitution of other lands shall be equivalent in fair market value
16 and usefulness to the lands being alienated or converted.
17 § 5. This act shall take effect immediately.
