What's happening
This bill allows Suffolk County to sell 1.2 acres of parkland to Elwood Public Library, provided it acquires and dedicates 44.38 acres elsewhere as replacement parkland.
Why it matters
Ensures No Net Loss of Parkland. The bill requires Suffolk County to dedicate over 44 acres of new parkland—far exceeding the 1.2 acres being sold—helping to maintain or even increase overall public green space in the county.
Protects Public Interest in Valuation. If the newly dedicated parkland is not of equal or greater fair market value than the land being sold, Suffolk County must make up the difference, ensuring the public receives full value in either land or improvements to existing park facilities.
Adds Federal Oversight Safeguard. If any federal funds were used for the original parkland, the county cannot proceed with the sale until all federal requirements are satisfied—protecting against the loss of federally supported recreational assets.
Facilitates Community Benefit. By enabling the Elwood Public Library to acquire the land, the bill supports local educational and community services while balancing this with a substantial investment in replacement parkland elsewhere in the county.
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Who cares
Headline styles
Swap Parkland for Library Land
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to local government
- Referred to local government
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1138
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government
AN ACT authorizing the county of Suffolk to alienate certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subject to the provisions of this act, the county of Suffolk, acting by and through its governing body, is hereby authorized to discontinue as parklands and alienate the lands more particularly described in section three of this act, and to sell and convey such parklands at fair market value and upon such other terms and conditions as determined by the governing body of Suffolk County to the Elwood Public Library.
§ 2. The authorization contained in section one of this act shall take effect only upon the condition that the county of Suffolk shall acquire and dedicate the lands described in section four of this act as additional parklands of the county.
§ 3. The lands authorized by section one of this act to be discontinued as parklands and conveyed to the Elwood Public Library consist of 1.2 acres and are described as follows:
BEGINNING at a point on the westerly side of Cuba Hill Road distant, 187.00 Feet southerly as measured along the westerly side of Cuba Hill Road from the extreme southerly end of the arc of a curve which connects the southerly side of Elbormar Drive with the westerly side of Cuba Hill Road.
RUNNING THENCE South 12 degrees 38 minutes 40 seconds East along the westerly side of Cuba Hill Road, 6.90 Feet to a point;
THENCE South 20 degrees 26 minutes 00 seconds East, still along the westerly side of Cuba Hill Road, 91.57 Feet to land now or formerly of Sisters of St. Benedict;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05823-01-7
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THENCE the following two (2) courses and distances along last mentioned land:
1. South 85 degrees 53 minutes 40 seconds West, 227.95 Feet to a point;
2. South 86 degrees 16 minutes 00 seconds West, 329.76 Feet to the southeast corner of Lot No. 9, as shown on a certain map entitled, "Map of Elbormar" and filed in the Suffolk County Clerk's Office on 5/16/1947 as Map No. 1543;
THENCE the following two (2) courses and distances along Lot No. 9, No. 10 and No. 11 as shown on aforesaid map;
1. North 6 degrees 45 minutes 40 seconds West, 101.66 Feet to a point;
2. North 86 degrees 51 minutes 20 seconds East, 535.71 Feet to the westerly side of Cuba Hill Road at the point or place of BEGINNING.
§ 4. The county of Suffolk, acting by and through its governing body, shall dedicate the replacement lands for use as parkland for public park purposes consisting of 44.38 acres described as follows:
All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mt. Sinai, Town of Brookhaven, County of Suffolk and State of New York being more particularly bounded and described as follows:
BEGINNING at a monument on the southerly side of Bayview Avenue (Old Post Lane) where the same is intersected by the easterly line of lands of the order of Poor Brethren of St. Francis, now known as the Society of St. Francis, American Province, Inc. and the westerly side of the premises herein described;
RUNNING THENCE from said point and place of beginning along the southerly side of Bayview Avenue (Old Post Lane) the following three (3) courses and distances;
1) North 74 degrees 51 minutes 00 seconds east a distance of 98.00 feet;
2) South 72 degrees 07 minutes 10 seconds east a distance of 52.09 feet;
3) South 28 degrees 48 minutes 00 seconds east a distance of 35.87 feet to lands now or formerly of Salmon;
THENCE along land of Salmon, along land now or formerly of Takach and lands now or formerly of Kowaleski the following four (4) courses and distances;
1) South 20 degrees 56 minutes 26 seconds west a distance of 300.41 feet;
2) South 28 degrees 50 minutes 38 seconds east a distance of 446.83 feet;
3) South 42 degrees 53 minutes 14 seconds east a distance of 90.60 feet;
4) North 42 degrees 40 minutes 00 seconds east a distance of 36.05 feet to lands now or formerly of Brazier family 2009 irrevocable trust;
THENCE along said last mentioned land, along lands now or formerly of Scaglione and lands now or formerly of Daddino the following five (5) courses and distances;
1) South 33 degrees 10 minutes 00 seconds east a distance of 64.30 feet;
2) South 8 degrees 31 minutes 00 seconds east a distance of 68.50 feet;
3) South 12 degrees 13 minutes 00 seconds east a distance of 82.00 feet;
4) South 22 degrees 53 minutes 00 seconds east a distance of 145.70 feet;
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5) South 31 degrees 00 minutes 00 seconds east a distance of 121.40 feet to lands now or formerly of Jean M. Caliguri living trust;
THENCE still along lands now or formerly of Jean M. Caliguri living trust and lands now or formerly of Alfano, lands now or formerly of Varland, lands now or formerly of Coleman, lands now or formerly of Spero and lands now or formerly of Hecht, the following seven (7) courses and distances;
1) South 66 degrees 06 minutes 00 seconds west a distance of 135.00 feet;
2) South 66 degrees 16 minutes 00 seconds west a distance of 97.78 feet;
3) South 61 degrees 33 minutes 00 seconds west a distance of 138.70 feet;
4) South 60 degrees 16 minutes 00 seconds west a distance of 131.65 feet;
5) South 51 degrees 05 minutes 00 seconds west a distance of 56.20 feet;
6) South 72 degrees 31 minutes 00 seconds west a distance of 168.20 feet;
7) South 83 degrees 03 minutes 00 seconds west a distance of 93.50 feet to a point;
THENCE still along lands now or formerly of Hecht and lands of others the following eight (8) courses and distances to a point and the northwesterly line of Shore Road west;
1) South 00 degrees 00 minutes 56 seconds east a distance of 356.36 feet;
2) South 13 degrees 18 minutes 00 seconds west a distance of 78.50 feet;
3) South 26 degrees 55 minutes 00 seconds west a distance of 44.57 feet;
4) North 67 degrees 32 minutes 00 seconds west a distance of 80.20 feet;
5) North 73 degrees 22 minutes 00 seconds west a distance of 88.30 feet;
6) South 27 degrees 46 minutes 00 seconds east a distance of 209.30 feet;
7) South 58 degrees 49 minutes 00 seconds west a distance of 260.40 feet;
8) South 19 degrees 32 minutes 00 seconds east a distance of 209.84 feet;
THENCE along the northwesterly line of shore road west, south 46 degrees 10 minutes 00 seconds west a distance of 61.36 feet to a monument and lands now or formerly of Herwerth; thence along lands now or formerly of Herwerth the following three (3) courses and distances;
1) North 65 degrees 12 minutes 00 seconds west a distance of 121.72 feet;
2) North 65 degrees 47 minutes 00 seconds west a distance of 136.10 feet;
3) North 72 degrees 12 minutes 00 seconds west a distance of 65.12 feet to lands know or formerly of Bruni;
THENCE along lands now or formerly of Bruni and lands of other the following four (4) courses and distances;
1) North 66 degrees 22 minutes 00 seconds west a distance of 149.70 feet;
2) North 67 degrees 24 minutes 00 seconds west a distance of 131.45 feet;
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3) North 65 degrees 33 minutes 00 seconds west a distance of 129.50 feet;
4) North 68 degrees 12 minutes 00 seconds west a distance of 178.40 feet to the easterly line of "map of Mt. Sinai Hills section 3", filed in the office of the Suffolk County Clerk as map no. 8071;
THENCE along the Easterly line of said map the following six (6) courses and distances;
1) North 05 degrees 54 minutes 00 seconds west a distance of 100.00 feet;
2) North 07 degrees 29 minutes 00 seconds west a distance of 140.80 feet;
3) North 05 degrees 55 minutes 00 seconds east a distance of 29.20 feet;
4) North 21 degrees 03 minutes 00 seconds east a distance of 104.20 feet;
5) North 20 degrees 19 minutes 00 seconds east a distance of 177.50 feet;
6) North 18 degrees 42 minutes 00 seconds east a distance of 236.80 feet to a monument and lands now or formerly of Society of St. Francis, American Province, Inc.;
THENCE along lands now or formerly of Society of St. Francis, American Province, Inc. the following sixteen (16) courses and distances;
1) South 87 degrees 00 minutes 00 seconds east a distance of 199.90 feet;
2) South 82 degrees 38 minutes 00 seconds east a distance of 58.00 feet;
3) South 87 degrees 32 minutes 00 seconds east a distance of 230.60 feet;
4) North 3 degrees 58 minutes 00 seconds west a distance of 104.30 feet;
5) North 26 degrees 21 minutes 00 seconds east a distance of 98.20 feet;
6) North 0 degrees 45 minutes 00 seconds east a distance of 127.90 feet;
7) North 8 degrees 10 minutes 00 seconds east a distance of 133.70 feet;
8) North 87 degrees 54 minutes 00 seconds east a distance of 110.00 feet;
9) North 9 degrees 55 minutes 00 seconds east a distance of 367.01 feet;
10) South 82 degrees 44 minutes 00 seconds east a distance of 12.00 feet;
11) North 31 degrees 50 minutes 00 seconds east a distance of 35.00 feet;
12) North 59 degrees 55 minutes 00 seconds east a distance of 48.50 feet;
13) South 89 degrees 30 minutes 00 seconds east a distance of 112.20 feet;
14) North 20 degrees 08 minutes 00 seconds east a distance of 207.75 feet;
15) North 36 degrees 57 minutes 00 seconds east a distance of 348.00 feet;
16) North 13 degrees 55 minutes 00 seconds east a distance of 46.44 feet to the point and place of BEGINNING.
§ 5. In the event that the parklands to be dedicated by the county of Suffolk pursuant to this act are not equal to or greater than the fair
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market value of the parkland to be discontinued and conveyed, the county of Suffolk shall dedicate the difference of the fair market value of the lands to be alienated and the lands to be dedicated for the acquisition of additional parklands and/or for capital improvements to existing park and recreational facilities.
§ 6. In the event that the county of Suffolk 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 authorized by the provisions of this act shall not occur until the county of Suffolk has complied with any federal requirements pertaining to the alienation or conversion of such parklands, including satisfying the secretary of the interior that the alienation or conversion complies with all conditions which the secretary of the interior deems necessary to assure the substitution of other lands shall be equivalent in fair market value and usefulness to the lands being alienated or converted.
§ 7. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act authorizing the county of Suffolk to alienate certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland
Purpose
This legislation would authorize the county of Suffolk to alienate certain parcels of land used as parkland to allow the Elwood Public Library to construct a new facility on the property.
Summary of provisions
Section 1. The County of Suffolk is hereby authorized to discontinue as parklands, alienate and convey the lands described in section three of the act.
Section 2. The authorization contained in the section one of the act shall only be effective on the condition that the County of Suffolk acquire and dedicate lands of equal or greater fair market value as additional parklands of the county.
Section 3 describes the parkland that will be alienated.
Section 4 describes the land to be acquired that will replace the alienated parkland.
Justification
The Elwood Public library is currently renting space in a commercial shopping property at 1929 Jericho Turnpike in Elwood.
This bill will give the public library its own property and ability to construct a new, permanent facility that is more appropriate for their needs and resources.
Legislative history
S.6873-A of 2016
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.