Authorizes the town of Brookhaven to discontinue a portion of real property currently used as parkland to West Ferry Office, LLC for the construction of sewer facilities.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10172A
SPONSOR: Rules (Flood) TITLE OF BILL:
An act in relation to authorizing the town of Brookhaven to convey ease-
ments to a portion of real property in the county of Suffolk consisting
of parkland to West Ferry Office, LLC for the construction of sewer
facilities
PURPOSE OR GENERAL IDEA OF BILL:
To allow alienation of parkland in the town of Brookhaven for the
purposes of connecting a sewer line at the Port Jefferson Ferry Terminal
SUMMARY OF PROVISIONS:
Section 1: Authorizes the town of Brookhaven to discontinue the use as
parklands described in section 3 and to grant easements to the West
Ferry Office, LLC to construct below surface sewer lines
Section 2: Provides the town of Brookhaven dedicates an amount equal to
or greater towards the acquisition of new parkland and/or capital
improvement to existing parklands within the town of Brookhaven
Section 3: Description of the parcel
Section 4: Provides that if the town of Brookhaven received federal
funding for such parcel and has not complied with the federal require-
ments, the alienation shall not occur.
Section 5: Provides that the West Ferry Office, LLC shall restore the
surface of the parcel upon completion of the construction.
Section 6: Sets effective date
JUSTIFICATION:
The Bridgeport and Port Jefferson Steamboat Company is in the process of
a major construction project to bring greater efficiency to the Port
Jefferson Ferry terminal. They need to connect to a sewer line located
in a parking lot located in the town of Brookhaven. This legislation
allows for the town of Brookhaven to grant an easement for the project
to be completed.
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
________________________________________________________________________
10172--A
IN ASSEMBLY
May 10, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Flood) --
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 convey ease-
ments to a portion of real property in the county of Suffolk consist-
ing of parkland to West Ferry Office, LLC for the construction of
sewer facilities
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, but notwithstanding
2 any provision of law to the contrary, the town of Brookhaven, acting by
3 and through its governing body, is hereby authorized to convey by appro-
4 priate instruments to West Ferry Office, LLC, easements in parkland
5 described in section three of this act, upon such terms and conditions
6 as the town shall determine, to enable West Ferry Office, LLC to
7 construct below surface sewer lines under such parkland.
8 § 2. The authorization provided in section one of this act shall be
9 effective only upon the condition that the town of Brookhaven dedicates
10 an amount equal to or greater than the fair market value of the easement
11 interest being alienated towards the acquisition of new parklands and/or
12 capital improvements to existing parklands and recreational facilities
13 within the town of Brookhaven.
14 § 3. The easements to be conveyed by the town of Brookhaven are more
15 particularly described as follows:
16 ALL THAT CERTAIN PLOT, PIECE OR PARCEL of land situate, lying and
17 being at Port Jefferson, in the town of Brookhaven, county of Suffolk
18 and state of New York, known and designated as lots 3 and 4, said ease-
19 ment being bounded and described as follows:
20 Beginning at a point on the Northerly side of West Broadway at the
21 division line between lots 2 and 4 and 3. Running thence North 18
22 degrees 18 minutes 00 seconds West at 30.00 feet to the easement point
23 of beginning.
24 1. Thence, North 49 degrees 45 minutes 16 seconds East at 270.00 feet;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15409-07-4
A. 10172--A 2
1 2. Thence, North 19 degrees 01 minutes 39 seconds West at 30.00 feet;
2 3. Thence, South 69 degrees 03 minutes 11 seconds West at 60.00 feet;
3 4. Thence, South 18 degrees 11 minutes 35 seconds West at 30.00 feet;
4 5. Thence, South 49 degrees 45 minutes 16 seconds East at 206.00 feet;
5 6. Thence, South 18 degrees 18 minutes 00 seconds East at 20.50 feet to
6 the point or place of beginning. Said parcel containing .148 acres of
7 land more or less.
8 § 4. The conveyance of the easement authorized by the provisions of
9 this act shall not occur until the town of Brookhaven has complied with
10 any federal requirements pertaining to the alienation or conversion of
11 such parklands, including satisfying the secretary of the interior that
12 the alienation or conversion complies with all conditions which the
13 secretary of the interior deems necessary to assure the substitution of
14 other lands shall be equivalent in fair market value and usefulness to
15 the lands being alienated or converted.
16 § 5. Upon the completion of construction of the sewer facilities the
17 West Ferry Office, LLC shall, in agreement with the town of Brookhaven,
18 restore the surface of the lands described in section three of this act
19 and such lands shall continue to be used for park purposes.
20 § 6. This act shall take effect immediately.
