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).
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10562
SPONSOR: Rules (Ramos) TITLE OF BILL:
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)
PURPOSE:
To authorize the alienation of parklands in the Town of Islip, Suffolk
County.
SUMMARY OF PROVISIONS:
Part A
Section 1. Chapter 719 of the laws of 1982, relating to authorizing 14
the commissioner of general services to convey certain state lands in
the county of Suffolk to the town of Islip, is amended by adding a new
section 1-c declaring the commissioner of general services shall amend a
conveyance to the town of, Islip to remove restrictions provided in
section seven of this act applying to the parcel of land described in
section eight-c of this act.
Section 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 convey certain state lands in the county of Suffolk to the Town of
Islip, as amended by chapter 332 of the laws of 2021, is amended and a
new section 8-c is added to identify the lands in the Town of Islip
County of Suffolk. Part B
Section 1: Subject to the provisions of this act, the Town of Islip, in
the county of Suffolk, acting by and through its governing body and upon
such terms and conditions as determined by such body is hereby author-
ized to discontinue as parklands and convey the lands described in
section three of this act, for the purpose of residential development.
Section 2: The authorization contained in section one of this act shall
take effect only upon the conditions that (1 ) the Town of Islip shall
dedicate an amount equal to or greater than the fair market value of the
parklands being discontinued towards the acquisition of new parklands
and/or capital improvements to existing park and recreational facili-
lies, and (2) the commissioner of general services shall have amended a
deed from the state to the town conveying the lands described in section
three of this act.
Section 3: Identifies the parklands authorized by section one of this
act to be discontinued.
Section 4: In the event that the Town of Islip received any funding
support or assistance from the federal government for the purchase,
maintenance or improvement of the parklands set forth in section three
of this act, the discontinuance and alienation of such parkland author-
ized by the provisions of section one of this act shall not occur until
the town of Islip has complied with any federal requirements pertaining
to the alienation or conversion of such parklands.
Section 5: This act shall take effect immediately.
Section 2: Severability clause. If any clause, sentence, paragraph,
subdivision, section or part of this act shall be adjudged by any court
of competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such
judgement shall have been rendered.
Section 3: Establishes the enacting clause for the above.
JUSTIFICATION:
This parcel is currently part of the Gull Haven Golf Course located in
Central Islip. The golf course dips into the adjacent property that is
currently being developed for residential purposes. The town no longer
needs the land and therefore would like to sell the parcel to the adja-
cent development to maintain consistency with the surrounding area. The
parcel will be sold for the fair market value of 560,000.00.
FISCAL IMPLICATIONS:
None to the state
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
10562
IN ASSEMBLY
June 4, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Ramos) --
read once and referred to the Committee on Local Governments
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.
LBD15787-03-4
A. 10562 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.
A. 10562 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 complies
A. 10562 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.
