NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10139A
SPONSOR: Rules (Blumencranz) TITLE OF BILL:
An act in relation to authorizing the town of Oyster Bay to discontinue
as parklands and convey such parkland to the department of environmental
conservation
PURPOSE OR GENERAL IDEA OF BILL:
Authorizes the town of Oyster Bay to discontinue as parklands and convey
such parkland to the DEC
SUMMARY OF PROVISIONS:
Section 1: The Town of Oyster Bay, upon consent, is hereby authorized to
discontinue and convey town parkland.
Section 2: This authorization shall be effective only if the department
of environmental conservation convey to the Town of Oyster Bay, provided
the lands have never been used for public open space or park purposes.
Section 3: Describes the parcels of land conveyed by the Town of Oyster
Bay this bill is applicable towards
Section 4: Describes the parcels of land conveys by the DEC
Section 5: The Town of Oyster Bay shall comply with any federal regu-
lations, if applicable, before the discontinuance and alienation of such
parkland
Section 6: Sets the effective date
JUSTIFICATION:
The Town of Oyster Bay contains parcels of land that were designated as
parkland in 1987 that are no longer practical and effective as such. The
lands are not used for public open space or park purposes but rather sit
as vacant lots that the town has no control over. This bill would allow
the Town of Oyster Bay to simply remove the designation and alienation
of these spaces as parkland and allow them to be used for a more effec-
tive purpose.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
N/A
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
10139--A
IN ASSEMBLY
May 9, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Blumencranz)
-- 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 Oyster Bay to discontinue
as parklands and convey such parkland to the department of environ-
mental conservation
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 Oyster
2 Bay acting through its governing body and upon such terms and conditions
3 agreed upon by the town of Oyster Bay and the department of environ-
4 mental conservation is hereby authorized to discontinue and convey town
5 parkland more particularly described in section three of this act to the
6 department of environmental conservation for the purposes of providing
7 public access to parkland.
8 § 2. The authorization provided in section one of this act shall be
9 effective only upon the condition that the department of environmental
10 conservation convey to the town of Oyster Bay, and the town of Oyster
11 Bay acquire and dedicate the lands described in section four of this act
12 as parklands, provided that the town of Oyster Bay has never used such
13 lands for public open space or park purposes.
14 § 3. The parkland authorized to be conveyed by the town of Oyster Bay
15 pursuant to section one of this act is more particularly described as
16 follows:
17 PARCEL 1
18 All that certain plot, piece or parcel of land situate, lying and
19 being in the Town of Oyster Bay, County of Nassau and State of New York,
20 being all of Lot 55 in Block 11 of Section 17 of the Nassau County
21 Department of Assessment Land and Tax Map and being more particularly
22 described as follows:
23 COMMENCING at the intersection of the northerly side of Jericho Turn-
24 pike (NYS Route 25) with the southeasterly corner of the Map of Hamlet
25 East, filed in the Office of the Clerk of the County of Nassau on the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15344-04-4
A. 10139--A 2
1 25th day of August 1987 as Map No. CAS-138, as amended by Map No.
2 CA-138A, filed in the Office of the Clerk of the County of Nassau on the
3 21st day of April, 1988 and running thence the following three (3)
4 courses:
5 North 25 degrees 26 minutes 00 seconds West, a distance of 852.68 feet
6 to a point, thence
7 North 18 degrees 05 minutes 55 seconds West, a distance of 1,328.83 feet
8 to a point; thence
9 North 64 degrees 18 minutes 05 seconds East, a distance of 1045.00 feet
10 to the True Point or Place of Beginning and running thence the following
11 four (4) courses:
12 North 11 degrees 55 minutes 25 seconds East, a distance of 884.84 feet
13 to a point on the southerly side of Cedar Swamp Road (variable width),
14 thence
15 Continuing along said southerly side of Cedar Swamp Road, South 67
16 degrees 27 minutes 51 seconds East, a distance of 98.82 feet to a point,
17 thence
18 Continuing along the same, along the arc of a curve bearing to the
19 right, having a radius of 1,100.92 feet, an arc length of 738.84 feet,
20 an internal angle of 38 degrees 27 minutes 08 seconds, and having a
21 chord that bears South 48 degrees 14 minutes 18 seconds East, a distance
22 of 725.06 feet to a point, thence
23 Leaving said southerly side of Cedar Swamp Road, South 67 degrees 03
24 minutes 24 seconds West, a distance of 884.94 feet to the True Point or
25 Place of Beginning, containing 362,874 feet square feet (8.330 acres)
26 more or less.
27 PARCEL 2
28 All that certain plot, piece or parcel of land situate, lying and
29 being in the Town of Oyster Bay, County of Nassau and State of New York,
30 being part of Lot 4 in Block A of Section 27 of the Nassau County
31 Department of Assessment Land and Tax Map and being more particularly
32 described as follows:
33 Beginning at a point on the northerly side of West End Avenue (Shore
34 Avenue), said point being the southerly end of the division line between
35 lands now or formerly of The People of the State of New York, Department
36 of Environmental Conservation known as Section 27 Block A Lot 222 as
37 shown on the Nassau County Land and Tax Map on the west, and lands Now
38 or Formerly of the Town of Oyster Bay known as Section 27 Block A Lot 4
39 as shown on the Nassau County Land and Tax Map, formerly lands of Rial
40 Realty Corporation on the east and running thence:
41 North 4 degrees 41 minutes 40 seconds East, 301.67 feet to a point;
42 thence
43 North 61 degrees 53 minutes 40 seconds East, 17.85 feet to a point;
44 thence
45 South 4 degrees 41 minutes 40 seconds West, 311.12 feet to a point in
46 the northerly line of West End Avenue (Shore Avenue); thence
47 North 86 degrees 13 minutes 52 seconds West, 15.00 feet to the point or
48 place of Beginning.
49 Said above described parcel of land containing within said bounds 0.10
50 Acre, more or less.
51 § 4. Prior to the discontinuance and alienation of the parklands
52 described in section three of this act, the department of environmental
53 conservation shall convey to the town of Oyster Bay and the town of
54 Oyster Bay shall acquire and dedicate as parklands such land described
55 as follows:
56 PARCEL 1
A. 10139--A 3
1 All that certain plot, piece or parcel of land situate, lying and
2 being in the Town of Oyster Bay, County of Nassau and State of New York,
3 being part of Lot 222 in Block A of Section 27 of the Nassau County
4 Department of Assessment Land and Tax Map and being more particularly
5 described as follows:
6 Beginning at a point on the northerly side of West End Avenue (Shore
7 Avenue), said point being North 86 degrees 13 minutes 52 seconds West,
8 173.93 feet from the southerly end of the division line between lands
9 now or formerly of The People of the State of New York, Department of
10 Environmental Conservation known as Section 27 Block A Lot 222 as shown
11 on the Nassau County Land and Tax Map on the west, and lands Now or
12 Formerly of the Town of Oyster Bay known as Section 27 Block A Lot 4 as
13 shown on the Nassau County Land and Tax Map, formerly lands of Rial
14 Realty Corporation on the east and running thence:
15 Along the northerly side of West End Avenue (Shore Avenue) North 86
16 degrees 13 minutes 52 seconds West, 230.41 feet to a point; thence
17 North 4 degrees 41 minutes 40 seconds East, 165.64 feet to a 5/8" capped
18 rebar; thence
19 South 86 degrees 50 minutes 44 seconds East, 59.57 feet to a 5/8" capped
20 rebar: thence
21 North 4 degrees 41 minutes 40 seconds East, 116.43 feet to a capped
22 rebar; thence
23 South 89 degrees 57 minutes 20 seconds East, 45.00 feet to a capped
24 rebar; thence
25 South 66 degrees 46 minutes 21 seconds East, 105.45 feet to a 5/8"
26 capped rebar; thence
27 North 77 degrees 40 minutes 56 seconds East, 51.60 feet to a point;
28 thence
29 South 4 degrees 28 minutes 47 seconds West, 38.52 feet to a point;
30 thence
31 North 86 degrees 33 minutes 43 seconds West, 5.65 feet to a point;
32 thence
33 South 42 degrees 24 minutes 56 seconds West, 44.16 feet to a point;
34 thence
35 Southwardly along the arc of a curve bearing to the left having a radius
36 of 15.67 feet, and a chord bearing South 22 degrees 56 minutes 02
37 seconds West with a chord length of 10.04 feet, an arc distance of 10.22
38 feet to a point; thence
39 South 4 degrees 15 minutes 21 seconds West, 129.80 feet to a point;
40 thence
41 South 6 degrees 09 minutes 25 seconds East, 34.45 feet to a point;
42 thence
43 South 25 degrees 57 minutes 11 seconds East, 12.98 feet to the point or
44 place of Beginning.
45 Said above described parcel of land containing within said bounds 1.25
46 Acres, more or less.
47 PARCEL 2
48 All that certain plot, piece or parcel of land situate, lying and being
49 in the Town of Oyster Bay, County of Nassau and State of New York, being
50 shown as Lots 5 and 33 in Block A of Section 27 of the Nassau County
51 Department of Assessment Land and Tax Map and being more particularly
52 described as follows:
53 Beginning at a 5/8" capped rebar on the westerly side of Bayside Avenue
54 (not open or improved, a paper street) at the division line between the
55 herein described parcel on the north and lands of the Long Island Rail-
56 road on the south, said point also being the southeasterly corner of
A. 10139--A 4
1 lands designated as Tax Map Section 27, Block A, Lot 33 and running
2 thence:
3 Along the northerly line of lands of the Long Island Railroad the
4 following three (3) courses:
5 1. North 88 degrees 35 minutes 24 seconds West, 99.09 feet to a 5/8"
6 capped rebar; thence
7 2. North 86 degrees 18 minutes 01 second West, 500.29 feet to a 5/8"
8 capped rebar; thence
9 3. North 88 degrees 35 minutes 26 seconds West, 126.82 feet to a point
10 in a stream; thence
11 North 1 degree 16 minutes 39 seconds East, 105.17 feet to a 5/8" capped
12 rebar in the southerly line of West End Avenue (Shore Avenue); thence
13 Along the southerly line of West End Avenue (Shore Avenue), South 86
14 degrees 07 minutes 31 seconds East, 596.39 feet to a point; thence
15 Still along the southerly line of West End Avenue (Shore Avenue), South
16 88 degrees 35 minutes 25 seconds East, 89.19 feet to a 5/8" capped
17 rebar, thence
18 South 59 degrees 33 minutes 25 seconds East, 86.39 feet to a 5/8" capped
19 rebar in the westerly line of Bayside Avenue (not open or improved, a
20 paper street); thence
21 South 32 degrees 16 minutes 34 seconds West, 67.09 feet to the point or
22 place of Beginning.
23 Said above described parcel of land containing within said bounds 1.68
24 Acres, more or less.
25 § 5. In the event that the fair market value of the parklands
26 described in section four of this act to be dedicated by the town of
27 Oyster Bay pursuant to this act are not equal to or greater than the
28 fair market value of the parklands to be alienated as described in
29 section three of this act, the town of Oyster Bay shall dedicate the
30 difference of the fair market value of the lands to be alienated and the
31 lands to be dedicated for the acquisition of additional parklands and/or
32 capital improvements to existing park and recreational facilities.
33 § 6. In the event that the town of Oyster Bay received any funding
34 support or assistance from the federal government for the purchase,
35 maintenance or improvement of the parklands set forth in section three
36 of this act, the discontinuance and alienation of such parkland author-
37 ized by the provisions of this act shall not occur until the town of
38 Oyster Bay has complied with any federal requirements pertaining to the
39 alienation or conversion of parklands, including satisfying the secre-
40 tary of the interior that the alienation or conversion complies with all
41 conditions which the secretary of the interior deems necessary to ensure
42 the substitution of other lands shall be equivalent in fair market value
43 and usefulness to the lands being alienated or converted.
44 § 7. This act shall take effect immediately.
