S. 3775- An Act to Amend the Executive Law, in Relation to Adirondack Park Agency Project Review Jurisdiction, 1975

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MEMORANDUM  .

ASSEMBLY BILL # : BY: ANDREW W. RYAN, JR.
SENATE BILL # BY: RONALD STAFFORD

' AN ACT to amend the executive law,
in relation to Adirondack Park
Agency project review
jurisdiction

PURPOSE: To modify those provisions of the Adirondack Private
Tand Use Plan concerning gifts, devise and inheritances.
SUMMARY OF PROVISIONS: This bill would amend paragraph c of
Subdivision one of section eight hundred eleven of the
executive law, aS added by chapter three hundred forty-eight
of the laws of nineteen hundred seventy-three.

JUSTIFICATION: The law presently provides that mere division of land
Yesulting from gifts, devise and inheritances shall not be subject
to review by the’ Adiréndack Park Agency. The development on such
sites are reviewed by the Agency although they are exempt from

the overall intensity guidelines and minimum lot size criteria

of Class B regional projects for the purpose of construction of

a one single family dwelling or mobile home.

There is no, good reason why the development of these lots
should be subject to review by the Agency since they are exempt
from the density,and minimum lot size. criteria and only for
the purpose of building a single family dwelling or mobile home.

FISCAL IMPLICATION: Local - increase the tax base

State - None

EFFECTIVE DATE: IMMEDIATE

ASSEMBLY BILL # BY: ANDREW W. RYAN, JR.
SENATE BILL # | | BY: RONALD STAFFORD

AN ACT to amend the executive law,
in relation to Adirondack Park
Agency project review
jurisdiction

PURPOSE: To modify those provisions of the Adirondack Private
Land Use Plan concerning gifts, devise and inheritances.

SUMMARY OF PROVISIONS: This bill would amend paragraph c of
Subdivision one of section eight hundred eleven of the
executive law, as added by chapter three hundred forty-eight
of the laws of nineteen hundred seventy-three.

JUSTIFICATION: The law presently provides that mere division of land
Yesulting from gifts, devise and inheritances shall not be subject
to review by the Adirdndack Park Agency. The development on such
sites are reviewed by the Agency although they are exempt from

the overall intensity guidelines and minimum lot. size criteria

of Class B regional projects for the purpose of construction of

a one single family dwelling or mobile home.

There is no good reason why the development of these lots
should be subject to review by the Agency since they are exempt
from the density and minimum lot size.criteria and only for
the purpose of building a single family dwelling or mobile home.

FISCAL IMPLICATION: Local - increase the tax base

State - None

EFFECTIVE DATE: _ IMMEDIATE

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IN ASSEMBLY IN SENATE
‘The Members of the Assembly whose names are circled below wish to join me in the sponsorship of this proposal: The Senators whose names are circled below wish to join me in the sponsorship
of this proposal:
Abramson Daly Flack Hawley Lee Montano Schmidt Vann Anderson Goodman Ohrenstein
Amatucei D'Amato Flanagan Healey Lehner Murphy, G.A. Schumer Velella Auer Gordon Owens
Barbaro D’Andrea Fortune Hecht Lentol Murphy, M.J. Sears Virgilio Barclay Griffin Padavan
Betros Dearie Fremming Henderson Levy Murphy, TJ. Serrano Walsh Beatty Halperin Paterson
Bianchi DelliBovi Frey Herbst Lewis Nicolosi Sharoff Wemple Bellamy Hudson Perry
Blumenthal Del Toro Gazzara Hevesi Lill Nine Siegel Weprin Bernstein Isabella Pisani
Brewer DeSalvio Goodhue Hinchey Lisa O'Neil Silverman Wertz Bloom Johnson Present
Brown DiCarlo * Gorski Hochberg Lopresto Orazio Solomon Yevoli Bronston Knorr Rolison
Burns DiFalco Gottfried Hochbrueckner Mannix Passannante Stavisky Zagame Burstein Leichter Ruiz
Burrows Diggs Graber Hoyt Marchiselli Pesce Stein Zimmer Caemmerer Levy - Santucci
Calogero Dokuchitz Grannis Hurley Margiotta Posner, H.A. Steingut Calandra Lewis Schermerhorn
Caputo Duryea Greco Tzard Marshall Posner, S. Stephens Conklin Lombardi Smith, B.C.
Cincotta Dwyer Griffin Jonas McCabe Rappleyea Stott Donovan Marchi Smith, W.T,
Cochrane Emery Griffith Kelleher Mega Reilly Strelzin Dunne Marino Stafford
Connelly Esposito Gunning Kidder Miller, G.W. Riford Suchin Eckert Mason Straub
Connor Eve Haley Koppell Miller, HJ. Robach Sullivan Flynn McCall Tauriello
Cook, C.D. Farrell Hamilton Kremer Miller, HM. Roosa Tallon Galiber McFarland Trunzo
Cook, D.W, Ferris Hanna Landes Miller, M.H. Ross Taylor Garcia Meyerson Volker
Cooperman Field Harenberg Lane Mirto Runyon Thorp Giuffreda Moore Warder
Cuthane Fink Harris Lasher Molinari Ryan Tills Gold Nolan _ Winikow

Assembly Introducer’s signature

Senate Introducer’s signature
“M. of A. RYAN LBDC (P) 2/26/75 25:3:6

BD8-351

e

Section 1. Paragraph c of subdivision one of section eight
hundred eleven of the executive law, as added by chapter three hundred
forty-eight of the laws of nineteen hundred seventy-three, is hereby
amended to read as follows:

ec. Gifts, devises and inheritances. The mere division of land
resulting from bona fide gift, devise or inheritance by and from
natural persons [shall not be subject to review by the agency. New]
and new land use or development on lots, parcels or sites conveyed
by individuals, who on the date that this act shall become law own such
land, to members of their immediate families by bona fide gift, devise

or inheritance[,] shall not be subject to review by the agency and

shall be exempt from the overall intensity guidelines and the minimum
lot size criteria specified in the class B regional project lists for
the purpose of constructing one single family dwelling or mobile home
on any such lot, parcel or site.

§ 2. This act shall take effect immediately.

Metadata

Containers:
Box 2 (9-Legislation), Folder 37
Resource Type:
Document
Rights:
Image for license or rights statement.
CC BY-NC-SA 4.0
Date Uploaded:
June 26, 2019

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