Future of Stillwell Woods Preserve in the Balance

by Guy Jacob, Conservation Chair

Stillwell Woods Preserve is an ecological gem, and a proposed transfer of the preserve to the Town of Oyster Bay (TOB) has raised important questions about its future.  The process of transferring this land began with an Intermunicipal Agreement (IMA) between Nassau County and the TOB.  But the transfer cannot be finalized without parkland alienation legislation passed by the New York State (NYS) Legislature and signed by Governor Hochul.  

In NYS, parkland alienation doctrine refers to the legal process by which a municipality transfers ownership or changes the use of public parkland for a non-park purpose.  This doctrine is rooted in the public trust doctrine, which generally protects natural resources, including parkland, for public use.  Alienation requires authorization from the State Legislature, ensuring public oversight and preventing the loss of parkland without due process. (1)

On July 16, a group of concerned TOB residents and I met with Supervisor Joseph Saladino and a group of TOB attorneys to discuss the future of Stillwell Woods Preserve.  We were heartened by Saladino’s stated commitments to transparency and to protecting the natural beauty, wildlife habitat and wilderness character of all the remaining undeveloped acreage within Stillwell Woods Preserve as well as his openness to collaboration.  Supervisor Saladino understands our conservation concerns, and we look forward to finding common ground with the TOB to ensure Stillwell’s protection for posterity. 

We emphasized our concern about the amount of time that has transpired since the TOB signed its IMA with Nassau County without a commitment to completing a survey.  This has never been an option for the TOB.  The precise language of their IMA mandates a survey prior to a transfer through alienation legislation that abides by the strict limitations preceding covenants have established: 

  “1.2 Permitted Encumbrances. (a) The Premises is to be transferred subject to (i) any state of facts an accurate survey may show and any variations between the location of records lines, (ii) covenants, restrictions, reservations, easements and agreements of record, (iii) laws and governmental regulations that affect the use and maintenance of the Premises… ” (2)

 After our helpful meeting, and in response to a letter I wrote subsequently, I received the following email on July 21 from Thomas M. Sabellico, TOB Special Counsel:

 “Thank you for your correspondence. At our meeting last week, the very first statement made by the Town’s representatives was that after consultation with the Town Attorney, the Town was proceeding to have the property surveyed, with a view toward obtaining a complete, detailed Survey that will provide a definitive line between areas of the property (active vs. passive preserve) and detailing all features which exist on the property.

 To that end, I have been advised by the Town Department of Public Works that the Town has completed its fee negotiation with GdB Geospatial, LS, PC, to perform the Survey of Stillwell Woods. We will keep you apprised of their progress.”

 The TOB’s announcement is excellent news, and we much appreciate finally having the town’s commitment to this IMA imperative.  A thorough survey is foundational to habitat protection.

 The TOB must also present a detailed draft project proposal that directly correlates with the IMA’s $12 million budget.  Stakeholders are unable to evaluate potential environmental impacts without a site plan that provides a blueprint for development. 

 Resting on the underpinnings of a valid survey and a comprehensive project proposal, Nassau County must evaluate the need to categorize the potential transfer as a Type 1 action, which requires a more rigorous review process, potentially including the preparation of an Environmental Impact Statement (EIS), as per State Environmental Quality Review Act (SEQRA) guidelines.  A Type I action is an action or class of actions that is more likely to have a significant adverse environmental impact than unlisted actions. (3,4)

 Timing is key.  With a comprehensive survey, a project proposal, a valid SEQR evaluation and a restrictive covenant in place, the NYS Legislative can defensibly consider alienation of parkland legislation.  If, however, the NYS Legislature votes on alienation without these guardrails in place, it will establish a detrimental precedent for loss of undeveloped open space.

 References:

 1.      Handbook on the Alienation and Conversion of Municipal Parkland in New York: alienationhandbook2017.pdf

2.      Intermunicipal Agreement between The County of Nassau, New York and The Town of Oyster Bay, New York in relation to the Transfer of Stillwell Preserve: https://www.nassaucountyny.gov/DocumentCenter/View/46296/IMA-Stillwell-Woods-Preserve

3.      6 N.Y.C.R.R. § 617.1(c)

4.      6 N.Y.C.R.R. 617.4(a).