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Chapter 635 of the NY laws of 1987

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Transcribed from:

McKINNEY’S
1987 SESSION LAWS
OF NEW YORK
Comprising
Authentic Text of the Laws
Together With Other Valuable Materials
From the Legislature, the Executive and the Judiciary.
Volume 1
210th SESSION – 1987
Laws of the Regular Session
Chapters 1 to 818
St. Paul, MINN
WEST PUBLISHING CO.

p1112, 1113, 1114

Oak Brush Plain State Preserve Chapter 635 Approved Aug 3. 1987, effective as provided in section 9.

An ACT establishing the Oak Brush Plain State Preserve, located on Long Island

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

1. Legislative findings and intent. The legislature hereby finds that it is in the best interest of the people of the state of New York to preserve and protect unique lands located on Long Island. These lands, which shall hereafter be known as the Oak Brush Plain State Preserve, constitute the last vestige of oak brush plains on Long island, which are a transitional forest between what was once the Hempstead Plains of central Nassau county and the pine barrens of central Suffolk county.

Furthermore, these lands serve as a critical deep flow recharge area, unspoiled by development for western Suffolk county. The protection of these lands will provide future generations the opportunity to view Long Island as it once was, while simultaneously guaranteeing an uncontaminated source of drinking water.

2. The Oak Brush Plain State Preserve shall consist of a parcel of six hundred forty-four contiguous acres of state lands located in the northeast corner of the town of Babylon and the southeast corner of the town of Huntington, crossing the two town lines, and currently under the control of the department of environmental conservation as described in section three of this act and such other parcels of contiguous lands hereafter acquired by the department of environmental conservation.

3. The six hundred forty-four acres of state land referred to in section two of this act are described as follows:

All of the lands abandoned to Commissioner of General Services by Declaration of Abandonment dated August 1, 1978 and June 17, 1980 being all those lands and improvements thereon situated within the area generally described as follows:

Beginning at the point on the boundary line runs in an easterly direction along Nichols Road for approximately520 feet where the boundary line then turns south and runs an estimated 905 feet to the northern edge of Long Island Avenue. The boundary line continues east along the northern edge of Long Island Avenue for about 3680 feet and then curves north at about a 45° angle to Marginal Road to a point halfway between N. 4th Street and N. 5th Street, which is about 3600 feet north of Long Island Avenue. Heading west from this point the line continues for approximately 2195 feet to the western edge of Old Commack Road. The line follows north along the westerly edge of the proposed reconstruction of Old Commack Road for about 4600 feet to the intersection of relocated Commack Road. Following the southern edge of relocated Commack Road for a distance of about 550 feet to the west, the boundary line then turns in a northwesterly direction for about 860 feet until it meets the edge of section 7 of the North Point Estates. The boundary line follows the edge of section 7 for about 920 feel to the edge of section 1 of Northview Knolls. The line continues to the southeast for about 885 feet along section number 1 to a point that is the southeastern corner of section number 1 and then turns to the west following the southern edges of sections 1 and 2 of Northview Knolls for approximately 1445 feet. The line continues in the same direction past section number 2 for another estimated 580 feet along the N/F property of Gus Schad and Steve Dubner to the south westerly corner of their property. Continuing in a southerly direction for another estimated 580 feet then turning east for about 455 feet to the western edge of relocated Commack Road. The line follows relocated Commack Road south for about 250 feet then turns west for about 350 feet. The line continues south for approximately 720 feet, to the northern edge of Euclid Avenue and then turns east for approximately 120 feet to the western edge of relocated Commack Road, continuing south along the road for another 60 feet or so, the line then turns back to the west for approximately 130 feet to the south edge of Euclid Avenue. The boundary line continues south for another estimated 1050 feet to the town line between the towns of Huntington and Babylon. Going east northeast to the northeast corner of the parcel of land conveyed to the Deer Park Fire District the line then turns south for approximately 720 feet to the southeast corner of the parcel of land conveyed to the Deer Park Fire District. Then turning to the west the boundary continues to the eastern boundary of Birchwood at Deer Park, Section 2. From there the boundary line follows south for approximately 4030 feet to the point of beginning. Excepting a parcel of land 11 acres belonging to the State Division for Youth near the northern end of the property, along the southeast side of relocated Commack Road.

4. The commissioner of the department of environmental conservation shall prepare a management plan by December thirty-first, nineteen hundred eighty-eight for the Oak Brush Plain State Preserve that will: (1) protect the quality and quantity of groundwater in this region as well as the critical recharge area that replenishes that supply, (2) identify and protect rare and endangered species of plants and animals, (3) allow for public access for educational, passive recreational purposes and such other public gatherings as the department shall permit, consistent with the intent of this act and similar to those which have been permitted in the past, and (4) provide for the health and safety of the area residents by providing for the maintenance of litter free properties following the demolition of the abandoned structures, and the preparation of a fire management plan which shall include local assistance for volunteer fire departments whose districts include the Oak Brush Plain State Preserve.

5. The commissioner of the department of environmental conservation shall negotiate with the towns of Huntington and Babylon for the purchase of their properties, which were formerly held by the Multi-town Solid Waste Management Authority, and presently owned by the towns of Babylon and Huntington for addition to and inclusion in the Oak Brush Plain State Preserve.

6. The commissioner of the department of environmental conservation may negotiate with such other persons owning lands contiguous with the Oak Brush Plain State Preserve for the purchase of properties for addition to and inclusion in the Oak Brush Plain State Preserve.

7. The commissioner of the office of general services shall arrange for the transfer to the Oak Brush Plain State Preserve such lands now comprising Pilgrim State Hospital now or hereafter not necessary for use by Pilgrim State Hospital and where native foliage may reasonably be reestablished.

8. Notwithstanding the provisions of section 45-0113 of the environmental conservation law or any other law, rule or regulation to the contrary, the lands constituting the Oak Brush Plain State Preserve shall be acquired by the state nature and historical preserve on January first, nineteen hundred ninety, and shall be dedicated for the purposes of article forty-five of such law. 1 ECL 45-0101 et seq

9. This act shall take effect on the one hundred twentieth day after it shall have become a law provided, however, the commissioner of the department of environmental conservation shall complete his negotiations pursuant to section five of this act in a timely fashion so that requests for funding can be recommended to the governor for inclusion in his proposed nineteen hundred eighty-eight—eighty-nine budget.

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