Bill Text: NY S06142 | 2021-2022 | General Assembly | Amended


Bill Title: Relates to the acquisition of lands previously comprising Pilgrim State Hospital by the Oak Brush Plain State Preserve, located on Long Island.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2022-12-23 - VETOED MEMO.167 [S06142 Detail]

Download: New_York-2021-S06142-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6142--A
            Cal. No. 266

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 12, 2021
                                       ___________

        Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance -- recommitted  to
          the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
          reported favorably from said committee, ordered to  first  and  second
          report,  ordered  to  a  third reading, amended and ordered reprinted,
          retaining its place in the order of third reading

        AN ACT to amend chapter 635 of the laws of 1987,  establishing  the  Oak
          Brush Plain State Preserve, located on Long Island, in relation to the
          acquisition of lands previously comprising Pilgrim State Hospital

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Sections 7 and 8 of chapter 635 of the laws of 1987, estab-
     2  lishing the Oak Brush Plain State  Preserve,  located  on  Long  Island,
     3  section  8 as amended by chapter 209 of the laws of 1989, are amended to
     4  read as follows:
     5    § 7. (a) The commissioner of  the  office  of  general  services,  the
     6  dormitory  authority  of the state of New York or any other successor in
     7  title shall [arrange for the] transfer to  the  Oak  Brush  Plain  State
     8  Preserve  such lands now or formerly comprising a portion of the Pilgrim
     9  State Hospital [now or hereafter not necessary for use by Pilgrim  State
    10  Hospital and] where native foliage may reasonably be reestablished.
    11    (b) The lands to be transferred shall be approximately 118 acres, more
    12  or less, now or formerly comprising Pilgrim State Hospital and shall not
    13  include  any  land  previously transferred to the Power Authority of the
    14  state of New York and the Long  Island  Power  Authority  and  generally
    15  described as follows:
    16    ALL  that piece or parcel of land situate in the Town of Islip, County
    17  of Suffolk, State of New York generally described as follows;
    18    BEGINNING at a point on the boundary line between the Town of Hunting-
    19  ton and the Town of Islip at the northwest corner of a  parcel  of  land
    20  conveyed  to  Long  Island  Power Authority said point also being on the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07990-04-2

        S. 6142--A                          2

     1  easterly bounds of an 81.4 acre parcel  of  land  transferred  from  the
     2  Office  of Mental Health to the Department of Environmental Conservation
     3  on January 13, 1999,
     4    THENCE  from said point of beginning along the easterly bounds of said
     5  81.4 acre parcel of land the following two courses and distances:
     6    1) N. 0° 36' 52" W. a distance of 156.10 feet to a point; and
     7    2) N. 0° 59' 13" E. a distance of 1063.76 feet to a point;
     8    THENCE through the lands now or formerly of the People of the State of
     9  New York, Pilgrim Psychiatric  Center,  the  following  11  courses  and
    10  distances:
    11    1) N. 89° 41' 36" E. a distance of 788.41 feet to a point;
    12    2) S. 44° 44' 39" E. a distance of 42.80 feet to a point;
    13    3) N. 67° 37' 46" E. a distance of 174.25 feet to a point;
    14    4) S. 22° 59' 01" E. a distance of 360.19 feet to a point;
    15    5) N. 67° 09' 21" E. a distance of 405.98 feet to a point;
    16    6) S. 22° 51' 14" E. a distance of 638.85 feet to a point;
    17    7) S. 63° 51' 55" E. a distance of 1,224.63 feet to a point;
    18    8) N. 68° 02' 05" E. a distance of 143.78 feet to a point;
    19    9) S. 21° 57' 55" E. a distance of 253.50 feet to a point;
    20    10) S. 45° 11' 47" E. a distance of 774.45 feet to a point;
    21    11)  S.  0°  34'  26"  E.  a distance of 340.00 feet to a point on the
    22  southerly bounds of said lands of Pilgrim Psychiatric Center;
    23    THENCE along said southerly boundary the  following  two  courses  and
    24  distances:
    25    1) S. 89° 25' 34" W. a distance of 100.00 feet to a point; and
    26    2) S. 89° 29' 29" W. a distance of 2,987.71 feet to a point;
    27    THENCE  N.  0°  26' 29" E. a distance of 486.53 feet to a point at the
    28  southwest corner of lands conveyed to Long Island Power Authority;
    29    THENCE along the southerly, easterly  and  northerly  bounds  of  said
    30  lands  of  Long  Island  Power Authority the following three courses and
    31  distances:
    32    1) S. 89° 33' 31" E. a distance of 287.46 feet to a point;
    33    2) N. 0° 26' 29" E. a distance of 790.75 feet to a point; and
    34    3) S. 67° l2' 38" W. a distance of 312.83  feet  to  a  point  at  the
    35  northeast  corner  of lands conveyed to the Power Authority of the State
    36  of New York;
    37    THENCE along the northerly bounds of said lands to and along the east-
    38  erly and northerly bounds of other lands conveyed to Long  Island  Power
    39  Authority the following three courses and distances:
    40    1) S. 67° 12' 38" W. a distance of 152.50 feet to a point;
    41    2) N. 23° 53' 06" W. a distance of 201.65 feet to a point; and
    42    3)  S.  67° 12' 38" W. a distance of 367.44 feet to the point or place
    43  of beginning; containing 117.7 acres of land, more or less.
    44    Subject to easement rights of others as they may exist.
    45    EXCEPTING THEREFROM, all that certain plot, piece or  parcel  of  land
    46  situate,  lying and being at Brentwood, Town of Islip, County of Suffolk
    47  and State of New York, being bounded and described as follows:
    48    BEGINNING at a point on the division line between the property now  or
    49  formerly  of  the  People  of the State of New York, Pilgrim Psychiatric
    50  Center on the north and land now or formerly of the  Long  Island  State
    51  Park  Commission  Sagtikos  State Parkway (Map 23R-I821, Parcel IV dated
    52  January 20, 1940) on the south, distant 624.61 feet  westerly  from  the
    53  intersection  of  said  division line with the westerly side of Sagtikos
    54  Parkway, said point being  the  northeasterly  corner  of  land  now  or
    55  formerly of Town of Islip Industrial Development Agency;

        S. 6142--A                          3

     1    RUNNING THENCE South 89 degrees 29 minutes 29 seconds West, along land
     2  now  or  formerly  of Town of Islip Industrial Development Agency 110.00
     3  feet
     4    THENCE North 00 degrees 34 minutes 26 seconds West, 15.71 feet;
     5    THENCE North 15 degrees 48 minutes 56 seconds East, 431.19 feet;
     6    THENCE South 45 degrees 11 minutes 47 seconds East, 125.75 feet;
     7    THENCE South 15 degrees 48 minutes 56 seconds West, 354.40 feet to the
     8  northerly  side  of  land  now or formerly of the Long Island State Park
     9  Commission Sagtikos State Parkway (Map 23R-I821, Parcel IV dated January
    10  20, 1940) and the POINT OR PLACE OF BEGINNING.
    11    Containing: 44,072 square feet or 1.0117 acres of land, more or less.
    12    (c) The description of the lands to be transferred pursuant to  subdi-
    13  vision  (b)  of  this section is not intended to be a legal description,
    14  but is intended only to identify the premises  to  be  transferred.  The
    15  office   of   general  services  may  prepare  an  accurate  survey  and
    16  description of such lands which may be used in the transfer thereof.
    17    (d) The commissioner of the office of general services, the  dormitory
    18  authority of the state of New York or any other successor in interest at
    19  the  time  of  the  transfer of the lands into the Oak Brush Plain State
    20  Preserve shall also convey the  excepted  parcel  of  land  specifically
    21  described  in  subdivision  (b) of this section to the Town of Islip for
    22  street  or  highway  purposes  for  the  consideration  of  one  dollar;
    23  provided,  however,  that  such  excepted  parcel  shall  revert  and be
    24  conveyed to the state of New York for inclusion in the Oak  Brush  Plain
    25  State  Preserve  if the Town of Islip shall at any time cease to use the
    26  excepted parcel for town street or highway purposes.
    27    (e) On or after the effective date of the chapter of the laws of  2022
    28  which  added this subdivision, the commissioner of the office of general
    29  services, the dormitory authority of  the  state  of  New  York  or  any
    30  successor in interest shall not sell, transfer or convey any of the land
    31  in  this  act  to a party not authorized to have such lands sold, trans-
    32  ferred or conveyed to it pursuant to this act.
    33    § 8. Notwithstanding the provisions of section 45-0113 of the environ-
    34  mental conservation law or any other law,  rule  or  regulation  to  the
    35  contrary,  the  lands  constituting  the  Oak Brush Plain State Preserve
    36  shall be acquired by the state nature and historical preserve on January
    37  1, 1991 and shall be dedicated for the purposes of article  [forty-five]
    38  45 of such law; provided, however, that the lands transferred to the Oak
    39  Brush  Plain  State Preserve pursuant to section seven of this act shall
    40  be acquired by the state nature and historical  preserve  on  or  before
    41  December 1, 2022 and shall be dedicated for the purposes of such article
    42  45.
    43    § 2. This act shall take effect immediately.
feedback