Bill Text: NY S09830 | 2023-2024 | General Assembly | Introduced
Bill Title: Exempts a certain parcel of land in the town of Islip from certain use restrictions (Part A); alienates certain parklands in the town of Islip (Part B).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-06-07 - returned to senate [S09830 Detail]
Download: New_York-2023-S09830-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9830 IN SENATE June 3, 2024 ___________ Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend chapter 719 of the laws of 1982, relating to authorizing the commissioner of general services to convey certain state lands in the county of Suffolk to the town of Islip, in relation to exceptions for certain property (Part A); and authorizing the town of Islip, county of Suffolk, to alienate certain parkland (Part B) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law components of legislation relating 2 to the discontinuance of certain parklands in the Town of Islip. Each 3 component is wholly contained within a Part identified as Parts A 4 through B. The effective date for each particular provision contained 5 within such Part is set forth in the last section of such Part. Any 6 provision in any section contained within a Part, including the effec- 7 tive date of the Part, which makes a reference to a section "of this 8 act", when used in connection with that particular component, shall be 9 deemed to mean and refer to the corresponding section of the Part in 10 which it is found. Section three of this act sets forth the general 11 effective date of this act. 12 PART A 13 Section 1. Chapter 719 of the laws of 1982, relating to authorizing 14 the commissioner of general services to convey certain state lands in 15 the county of Suffolk to the town of Islip, is amended by adding a new 16 section 1-c to read as follows: 17 § 1-c. The commissioner of general services shall amend a conveyance 18 to the town of Islip to remove restrictions provided in section seven of 19 this act applying to the parcel of land described in section eight-c of 20 this act. 21 § 2. The opening paragraph of section 7 of chapter 719 of the laws of 22 1982, relating to authorizing the commissioner of general services to 23 convey certain state lands in the county of Suffolk to the town of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15787-03-4S. 9830 2 1 Islip, as amended by chapter 332 of the laws of 2021, is amended and a 2 new section 8-c is added to read as follows: 3 With the exception of the lands described in sections seven-a [and], 4 eight-b and eight-c of this act, any land and improvements thereon 5 transferred pursuant to this act shall be used only by, or for the 6 purposes of the state, the United States of America and its transferees 7 or assigns, a union free school district as defined by the education 8 law, a municipal corporation or a not-for-profit college or university 9 chartered by the regents of the university of the state of New York. 10 Except for the United States of America and its transferees or assigns, 11 said land and any improvements thereon shall be used only for hospital, 12 park and recreation, municipal office or educational purposes, and for 13 complementary academic, scientific or technological uses, applied 14 research and developmental activities of a not-for-profit college or 15 university, a voluntary, municipal or state-operated hospital, a union 16 free school district as defined by the education law or a municipal 17 corporation. Said land or any improvements thereon transferred pursuant 18 to this act to the United States of America or its transferees or 19 assigns shall not be designed or altered for the overnight housing 20 and/or custody of prisoners or detainees. These purposes and/or 21 restrictions shall be recorded as deed covenants and restrictions 22 running with the land upon the transfer of the land to the town of 23 Islip, Suffolk county and its transferees or assigns. Provided, howev- 24 er, that the commissioner of general services, subject to the approval 25 of the town of Islip as evidenced by a resolution of the town board and 26 upon payment of fair and reasonable consideration as determined by said 27 commissioner by New York Institute of Technology to the office of gener- 28 al services, shall amend, modify or delete as set forth in said resol- 29 ution any of the above stated purposes, including the requirement that 30 they be recorded as deed covenants and restrictions running with the 31 land as such purposes and restrictions may appear in a conveyance to the 32 town of Islip, its transferee and assigns and apply to the following 33 described five parcels of land: 34 § 8-c. The lands subject to the amended conveyance pursuant to section 35 one-c of this act are situated in the town of Islip, Suffolk county, and 36 are generally described as follows: 37 All that certain plot, piece or parcel of land with the buildings and 38 improvements thereon erected, situate, lying and being in Central Islip, 39 in the Town of Islip, County of Suffolk and State of New York, being 40 more particularly bounded and described as follows: 41 ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate in the town of Islip, 42 Suffolk County, New York, bounded and described as follows: 43 BEGINNING at a point on the line dividing lands of the Town of Islip 44 from land now or formerly of Steel Campus, LLC and Marcus ISP APTS Hold- 45 ings, LLC. Said point further described as being the following four (4) 46 courses from the intersection formed by the easterly side of Carleton 47 Avenue (C.R. 17) and the southerly side of Smith Street: 48 1) Southerly 2739.90 feet as measured along the easterly side of 49 Carleton Avenue, 50 2) N 74°17'26" E, 371.64 feet, 51 3) S 07°23'31" E, 1152.15 feet, 52 4) N 81°31'09" E, 696.61 feet, 53 to the POINT of BEGINNING. 54 RUNNING THENCE through land of the Town of Islip; N81°31'09" E, 71.60 55 feet; to the line dividing land of the Town of Islip from land now or 56 formerly of Steel Campus, LLC and Marcus ISP APTS Holdings, LLC.S. 9830 3 1 THENCE along said line the following three (3) courses: 2 1) S 09°40'46" E, 80.05 feet, 3 2) S 79°13'05" W, 70.00 feet, 4 3) N 10°46'55" W, 82.91 feet, 5 to the POINT or PLACE of BEGINNING. 6 Containing within said bounds 5767 sq. ft. (0.1324 acres) 7 § 3. This act shall take effect immediately. 8 PART B 9 Section 1. Subject to the provisions of this act, the town of Islip, 10 in the county of Suffolk, acting by and through its governing body and 11 upon such terms and conditions as determined by such body is hereby 12 authorized to discontinue as parklands and convey the lands described in 13 section three of this act, for the purpose of residential development. 14 § 2. The authorization contained in section one of this act shall take 15 effect only upon the conditions that (1) the town of Islip shall dedi- 16 cate an amount equal to or greater than the fair market value of the 17 parklands being discontinued towards the acquisition of new parklands 18 and/or capital improvements to existing park and recreational facili- 19 ties, and (2) the commissioner of general services shall have amended a 20 deed from the state to the town conveying the lands described in section 21 three of this act, relating to the use of such lands, in order to permit 22 the alienation authorized pursuant to this act. 23 § 3. The parklands authorized by section one of this act to be discon- 24 tinued as parkland are as follows: 25 ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate in the town of Islip, 26 Suffolk County, New York, bounded and described as follows: 27 BEGINNING at a point on the line dividing lands of the Town of Islip 28 from land now or formerly of Steel Campus, LLC and Marcus ISP APTS Hold- 29 ings, LLC. Said point further described as being the following four (4) 30 courses from the intersection formed by the easterly side of Carleton 31 Avenue (C.R. 17) and the southerly side of Smith Street: 32 1) Southerly 2739.90 feet as measured along the easterly side of 33 Carleton Avenue, 34 2) N 74°17'26" E, 371.64 feet, 35 3) S 07°23'31" E, 1152.15 feet, 36 4) N 81°31'09" E, 696.61 feet, 37 to the POINT of BEGINNING. 38 RUNNING THENCE through land of the Town of Islip; N81°31'09" E, 71.60 39 feet; to the line dividing land of the Town of Islip from land now or 40 formerly of Steel Campus, LLC and Marcus ISP APTS Holdings, LLC. 41 THENCE along said line the following three (3) courses: 42 1) S 09°40'46" E, 80.05 feet, 43 2) S 79°13'05" W, 70.00 feet, 44 3) N 10°46'55" W, 82.91 feet, 45 to the POINT or PLACE of BEGINNING. 46 Containing within said bounds 5767 sq. ft. (0.1324 acres) 47 § 4. In the event that the town of Islip received any funding support 48 or assistance from the federal government for the purchase, maintenance 49 or improvement of the parklands set forth in section three of this act, 50 the discontinuance and alienation of such parkland authorized by the 51 provisions of section one of this act shall not occur until the town of 52 Islip has complied with any federal requirements pertaining to the 53 alienation or conversion of such parklands, including satisfying the 54 secretary of the interior that the alienation or conversion compliesS. 9830 4 1 with all conditions which the secretary of the interior deems necessary 2 to assure the substitution of other lands shall be equivalent in fair 3 market value and usefulness to the lands being alienated or converted. 4 § 5. This act shall take effect immediately. 5 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 6 sion, section or part of this act shall be adjudged by any court of 7 competent jurisdiction to be invalid, such judgment shall not affect, 8 impair, or invalidate the remainder thereof, but shall be confined in 9 its operation to the clause, sentence, paragraph, subdivision, section 10 or part thereof directly involved in the controversy in which such judg- 11 ment shall have been rendered. It is hereby declared to be the intent of 12 the legislature that this act would have been enacted even if such 13 invalid provisions had not been included herein. 14 § 3. This act shall take effect immediately; provided, however, that 15 the applicable effective date of Parts A through B of this act shall be 16 as specifically set forth in the last section of such Parts.