STATE OF NEW YORK
________________________________________________________________________
S. 8660--A A. 10679--A
SENATE - ASSEMBLY
May 10, 2018
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Local Govern-
ment -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. THIELE, MURRAY -- 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 to authorize the town of Brookhaven, county of Suffolk, to alien-
ate certain parklands and to dedicate other lands as parklands
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 Brookha-
2 ven, county of Suffolk, is hereby authorized to discontinue and alienate
3 as parklands the lands described in section three of this act.
4 § 2. The authorization provided in section one of this act shall be
5 effective only upon the condition that the town of Brookhaven dedicate
6 the lands described in section four of this act as parklands.
7 § 3. The parklands authorized by section one of this act to be alien-
8 ated as parklands is described as follows:
9 Parcel One
10 ALL that certain plot, piece or parcel of land, situate, lying and
11 being in the Town of Brookhaven, County of Suffolk and State of New
12 York, known and designated as Lot Number 78 on a certain map entitled,
13 "Map of Shirley, Long Island, Unit A", filed in the Office of the Clerk
14 of the County of Suffolk on December 28, 1949 as Map number 1725, which
15 said lot is bounded and described as follows:
16 BEGINNING at a point on the Westerly side of Carnation Drive at the
17 extreme Southerly end of a curve with a radius of 30.00 feet, which said
18 curve connects the Westerly side of Carnation Drive and the Southerly
19 side of Carleton Drive;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15796-02-8
S. 8660--A 2 A. 10679--A
1 RUNNING THENCE along the Westerly side of Carnation Drive, South 01
2 degrees 17 minutes 10 seconds East, 109.15 feet to land now or formerly
3 of Town of Brookhaven;
4 THENCE along land now or formerly of Town of Brookhaven South 88
5 degrees 42 minutes 50 seconds West, 217.80 feet to land now or formerly
6 of Steven Capatosto;
7 THENCE along land now or formerly of Steven Capatosto North 01 degrees
8 17 minutes 10 seconds West, 32.86 feet to the Southerly side of Carleton
9 Drive;
10 THENCE along the Southerly side of Carlton Drive, North 58 degrees 05
11 minutes 40 seconds East, 200.48 feet to a point;
12 THENCE along the arc of a curve which connects the Westerly side of
13 Carnation Drive with the Southerly side of Carleton Drive bearing to the
14 right with a radius of 30.00 feet and a length of 63.16 feet to the
15 point or place of BEGINNING.
16 Property identified as Suffolk County Tax Map Number
17 0200-615.00-04.00-005.000; .42 acres
18 Parcel Two
19 ALL that certain plot, piece or parcel of land, situate, lying and
20 being in the Town of Brookhaven, County of Suffolk and State of New
21 York, known and designated as Lot Numbers 76 and 77 on a certain map
22 entitled, "Map of Shirley, Long Island, Unit A", filed in the Office of
23 the Clerk of the County of Suffolk on December 28, 1949 as Map Number
24 1725, which said lots are bounded and described as follows:
25 BEGINNING at a point on the Westerly side of Carnation Drive distant
26 109.15 feet Southerly from the extreme Southerly end of a curve having a
27 radius of 30.00 feet which said curve connects the Westerly side of
28 Carnation Drive and the Southerly side of Carleton Drive;
29 RUNNING THENCE along the Westerly side of Carnation Drive South 01
30 degrees 17 minutes 10 seconds East, 100.00 feet to land now or formerly
31 of Gino Dire;
32 THENCE along land of Gino Dire, South 88 degrees 42 minutes 50 seconds
33 West, 217.80 feet to land now or formerly of Steven Capatosto;
34 THENCE along land of Steven Capatosto, North 01 degrees 17 minutes 10
35 seconds West, 100.00 feet to land now or formerly of Town of Brookhaven;
36 THENCE along land now or formerly of Town of Brookhaven North 88
37 degrees 42 minutes 50 seconds East, 217.80 feet to the Westerly side of
38 Carnation Drive, the point or place of BEGINNING.
39 Property identified as Suffolk County Tax Map Number
40 0200-615.00-04.00-006.000; .5 acres
41 § 4. Prior to the discontinuance and alienation of the parklands
42 described in section three of this act, the town of Brookhaven shall
43 dedicate as parklands such land described as follows:
44 ALL that certain plot, piece or parcel of land, with the buildings and
45 improvements thereon erected, situate, lying and being in Center Morich-
46 es, in the Town of Brookhaven, County of Suffolk and State of New York,
47 bounded and described as follows:
48 BEGINNING at a point on the Northerly side of Frowein Road (C.R. 98),
49 distant 1674.91 feet Westerly from the corner formed by the Northerly
50 side of Frowein Road (C.R. 98) and the Westerly side of Brookfield
51 Avenue;
52 RUNNING THENCE North 79 degrees 59 minutes 30 seconds West along the
53 Northerly side of Frowein Road, 275.75 feet;
S. 8660--A 3 A. 10679--A
1 RUNNING THENCE North 06 degrees 04 minutes 45 seconds East along said
2 last mentioned land, 1005.00 feet to the land now or formerly of William
3 H. Moffitt;
4 RUNNING THENCE South 77 degrees 07 minutes 45 seconds East along the
5 said last mentioned land, 281.50 feet to the land now or formerly of Ida
6 J. Smith;
7 RUNNING THENCE along the land now or formerly of Ida J. Smith, the
8 following four (4) courses and distances:
9 1. South 06 degrees 27 minutes 35 seconds West, 162.41 feet (deed),
10 162.40 feet (survey);
11 2. South 04 degrees 47 minutes 55 seconds West, 264.67 feet;
12 3. South 06 degrees 22 minutes 35 seconds West, 274.97 feet;
13 4. South 07 degrees 38 minutes 00 seconds West, 288.74 feet to the
14 Northerly side of Frowein Road, being the point or place of BEGINNING.
15 Property located at 313 Frowein Road in the Hamlet of Center Moriches
16 and identified as Suffolk County Tax Map Number
17 0200-827.00-02.00-006.000; 6.3 acres
18 § 5. In the event that the fair market value of the parklands
19 described in section four of this act to be dedicated as parklands by
20 the town of Brookhaven pursuant to this act are not equal to or greater
21 than the fair market value of the parklands described in section three
22 of this act being alienated as parklands, the town of Brookhaven shall
23 dedicate the difference of the fair market value of the lands to be
24 alienated and the lands to be dedicated for the acquisition of addi-
25 tional parklands and/or capital improvements to existing park and recre-
26 ational facilities.
27 § 6. In the event that the town of Brookhaven received any funding
28 support or assistance from the federal government for the purchase,
29 maintenance or improvement of the parklands set forth in section three
30 of this act, the discontinuance and conveyance of parklands authorized
31 by the provisions of this act shall not occur until the town of Brookha-
32 ven has complied with any federal requirements pertaining to the alien-
33 ation or conversion of parklands, including satisfying the secretary of
34 the interior that the alienation or conversion complies with all condi-
35 tions which the secretary of the interior deems necessary to assure the
36 substitution of other lands shall be equivalent in fair market value and
37 recreational usefulness to the lands being alienated or converted.
38 § 7. This act shall take effect immediately.