MARYLANDER GREEN:

AMERICAS FIRST BATTLE MEMORIAL

1776

E
V
A
HT
4

2015

REMEMBER

A COMMUNITY OPENSPACE
CE PROPOSAL BY
THE BROOKLYN PRESERVATION COUNCIL
A proposal to have a vacant lot at 170 - 8thStreet and 3rd Avenue purchased and designated

A Commemorative Ecological Park

To preserve Americas First Battle Cemetery and
Create a historical greenway trail to celebrate Brooklyn in the American Revolution

Prepared by the Marylander Memorial Committee, Brooklyn Preservation Council

10/21/15

-1-

AN INTRODUCTION TO THE
MARYLANDER BURIAL SITE
On August 27, 1776, a month-and-a-half after
Americas Declaration of Independence from
Great Britain, troops from the Continental Army,
deemed the United States Army after July 4, fought
against British forces and Hessian (in the employ of
Britain) forces . A major part of the fighting was
concentrated along the Gowanus Road near what is
now Fifth Avenue between Third and Ninth Streets in
Park Slope, Brooklyn, near the Old Stone House
Memorial. America lost the Battle of Brooklyn (or
Long Island), but Gen. Washington had the strategic
foresight to retreat and, with allies, eventually win the
war that created the United States of America. A
large number of American soldiers died and were
buried near the battlefield.

1776,27August-TheContinentalArmyattheBattleofBrooklyn
Painter-DomenickD'Andrea

Where is their burial site and how should we

remember the U.S. Armys first soldiers?

2
2
2
2
1

1782 SPROULE SURVEY MAP with American fortifications around the Gowanus Marshes of 1776.
1

Marylander Hill Burial Site

Old Stone House Battle Site

(Thomas1913,Furman2013)

-22013 Marylander Memorial Park concept by Edward

Mazzer

CREATING VISIONS OF THE FUTURE

Gowanus by Design, a planning group, and Proteus
Gowanus, a cultural arts group, have made design and
planning resources available for students and professionals
exploring design ideas for the Gowanus watershed.

The pedestrian greenway concepts should open up

community debate on a more livable neighborhood. The
Marylander Green Community Park would be a step in that
direction.

This has resulted in a whole library and archive of

innovative thinking about where new community open
space amenities should go, and what forms they should
take.

WHAT FORM SHOULD THE PARK TAKE ?

Masters student Edward Mazzer of the Architectural

Instituteof the University of Venice, Italy, did a study of the
Hall of the Gowanus resources and proposed logical
connections between the Gowanus 1776 Battle of Brooklyn
sites. He focused on creating logical flows of water across
the landscape and designed flood parks that would help
reduce the impact of future climate change. The flow of
water largely mimics the movements of soldiers in 1776.
Whole Foods, a new retailer, now draws hundreds of cars,
creating increasing traffic safety issues for walking school
children and bicyclists. All these issues require
management.1

Mazzer proposes a traditional memorial: an enclosed place

of silence and reflection. Regular programming would feature
historical education on the Battle of Brooklyn.
Others may feel that the space should be one focused on
the rich layers of industrial history that have washed over
the site. Those with children may want it to be a place of
play and life, reshaped to meet community needs.

-3-

WHERE IS THE SUSPECTED BURIAL SITE?

The site is located between 8th and 9thStreetsand 3rd and

th
4 Avenues in the Gowanus neighborhood, on the edge of
Park Slope in Brooklyn, New York.
It is a former chemical factory and knitting mill and is now
th
covered by a vacant concrete slab stretching between 8
th
and 9 Streets, adjacent to the Rawley American Legion
Post. It is a five minute walk from the 4th Ave/9th Street
subway stop served by the F, G and R lines, and also near
the B61 and B37 bus lines.

View of site looking south to Ninth Street toward

Sunset Park.
View of site looking northeast toward Park Slope with
adjacent subway line overpass and station.

The site is currently for sale. The adjacent Rawley

A m e r i c a n L e g i o n Post has plaques and a flagpole
commemorating the contribution of the Marylander and
Delaware Regiments to the1776BattleofBrooklyn during the
War for American Independence.

There is strong evidence that this site may still hold the
remains of the first soldiers to die as part of the United
States Army.

th

View of site looking north toward 8 Street and the

Gowanus Canal.
2012 Aerials via Bing Pictometry

A SITE OF NATIONAL SIGNIFICANCE

2006

-4-

flaglogo:NationalArchives

GeneralHowe/JaimeRojo,streetartist

WHAT SHOULD BE DONE?

A NEW PARK IS PROPOSED.

MARYLANDER MEMORIAL PARK

6

Eighth Street

TH
E
8thSTR
St ET

MikeLauterborn

Existing
Memorial
Flag

reet

New Play d
ground

Memorial

3
Site Under
Development

We recommend that plans be developed for the

following park components:
1 A memorial to the soldiers who were buried
there.
2 A commemorative community park and
playground reflecting the values that the soldiers
fought for.
Future plans include:
1

3Amuseum of archaeological site investigations, and

on the Battle of Brooklyn. SITE UNDER RESIDENTIAL
DEVELOPMENT.

A stewardship center including a cultural education

center and park maintenance facility for the Gowanus
Canal Conservancy, local block associations, and
Green Thumb garden and other groups.
An urban landscaping greenway incorporating a
system of both natural and artificial streetcreeks to
tie the park to existing American Revolution
heritagetrail amenities, reconnecting the natural flow
of water to the Gowanus Canal Waterfront Park.

WHAT IS THE EVIDENCE THAT THIS IS THE ACTUAL BURIAL SITE? -5-

1869 Plan of the Positions and

Movements of the British and
American Army on the 26th and
27th of August 1776
TW Field ,Brooklyn Historical Society Map Collection.

This is one of the few maps showing

the burial location of the casualties of
the Battle of Brooklyn.

1846Brooklyn Eagle Farm Map

Highlighted in yellow is the Staats, later
Bergen Farm patent as described in Henry
Stiles1869 History of Brooklyn.
The 2012 Battle of Brooklyn Old Stone
House Walking Guide notes that the
Staats and the Bergen families used a hill
in the Gowanus marshlands (circled in red)
for family and slave burials. Historian T.W.
Fields (1869) recorded the site having
been used for the 1776 military burials.

WHAT OTHER RESEARCH IS THERE ON THEBURIAL GROUND?

An Overview of Archaeological Studies performed around the Marylander Hill Burial Area

-6-

1890s
Discovery of thirty
bodies by father of
Dr. Nicholas Ryan,
who was a building
contractor.

2
2012Over My Dead Body Expedition takes balloon photographs of the NEVER EXCAVATED southern site and
performs LIDAR studies showing grave-shaped bumps.
1
3
historical study. Soil borings find no chemical pollution but
are inconclusive for burials.

PROPOSEDPARKSITE
Based on the latest historical findings, the proposed
Marylander Park and archaeological site will be made
up of a for sale lot and two study parcels:
th

1. The Marylander Green Park Site, 170 8 Street,

Brooklyn, Block1003,Lot 11: alternate addresses
are197 to 201 9th Street. 13,500 square feet,
75 feet x 180 foot vacant lot.
Ownership: Derby Textile Corp/the Fried Family.
4 1 V a r i c k A v e n u e, B r o o k l y n , N . Y. 1 1 2 3 7
7 1 8 - 6 2 8 - 63 0 0
Estimated NYC Dept of Finance assessed valuation:
$1,620,000.
Estimated market value: $4,750,000.
Former Use: Knitting Mill, Chemical Factory.
Cemetery Zoning: Residential Vacant Land:R6A,R6B
Proposed Use: Memorial Park and playground.
2.Study Area Site 1: Rawley American Legion Post
#1636: Parking Lot, 193 - 9th Street, Brooklyn Block
1003 Lot 64.
Current Use: Flagpole, Monuments and Parking.
Zoning: R6A.

2013 MAP with Marylander Hill site showing selected lots based on
archaeological reports and georeferenced historical maps.

Discussions have begun for an archaeological study

here. Consultant archaeologist for NYC School
Construction Authority found indications of burials in
parking lot. In 2012 followup via Ground Penetrating
Sonar was requested by then Gov. Martin OMalley of
Maryland, who would have supplied staff and
equipment. The owner declined permission.
3. Study Area Site 2: 203 - 9thStreet, Brooklyn,
Block1003, Lot 59,a one story,4,545 sq.ft. industrial
building(50.5x90ft). Ownership: 203 9th Street
Associates. SITE SOLD AND UNDER RESIDENTIAL
DEVELOPMENT.

-7-

THE NUMBER OF DEAD AT THE OLD STONE

HOUSE ENGAGEMENT AND THEIR BURIAL
LOCATION
The historical evidence for the site is strong, and was
originally collected for a 1956 Historical Orientation
Report prepared by the U.S. National Parks Service.
Dr. Nicholas Ryan, a Brooklyn Heights physician, is
quoted on page ten of the report, that in the 1890s his
father, a building contractor, found "the bones of some
thirty bodies in regular, or military order," in the course
of digging cellars for three apartment buildings near the
site, at the southeast corner of Seventh Street and
Third Avenue.
Henry Wildhack, Jr. wrote a letter to Borough Historian
James Kelly on February 9, 1957, to the effect that in
1905, his father bought the property at 429 and 431
Third Avenue, in the middle of the block between
Seventh and Eighth Streets, for a coal yard, and the
Marylanders' burial trenches were then still visible. He
drew a site sketch (below) which shows them running
diagonally toward the southeast.

1766 RATZER MAP showing Marylander Hill area, an island

surrounded by marshy streams that was used as a neighborhood
burial site and 1776 Battle of Brooklyn cemetery as described by
historians.

In fact, as a child he and his friends, whom he named,

used to dig around the marked spot (on the site plan)
frequently, and it was nothing new for us to find bones
and various shapes and pieces of metal (sic). This has
not been previously reported. This letter is available at
the Brooklyn Historical Society.
He stated that his father had unsuccessfully lobbied to
get the government of newly consolidated Greater New
York, to commemorate the site and purchase it.
Eventually he gave up and covered the trenches with
landfill to bring his property up to street grade. In the
1930s the Wildhack coalyard was sold to the maker of
Red Devil Paints, who installed underground paint
storage vats, further obscuring the site.
Borough Historian James Kelly calculated, based on
the Wildhack information, that there had been
seventeen burial trenches. He also reported that he
was told that around 1955, that Peter Bacenet of 427
Third Avenue (on the traditional site), found bones in
his backyard but threw them away. This is the third
eyewitness testimonial to finding bodies on the site, but
also suggests they were destroyed.
According to a 1906 New York Herald article, quoted in
the Historical Orientation Report, the grading and
opening of Third Avenue circa 1855 obliterated a part
of the burial trenches which still showed plainly in the
interior of the lots abutting upon the east line of the
thoroughfare.

Ratzer Map local area with modern construction superimposed.

These trenches may have continued to the southeast

into the site of interest to accommodate all of the
burials. During the 1980s industrial buildings built on
top of the site of interest were abandoned and
demolished, leaving behind a concrete slab covering a
third of an acre. This accidental mortuary slab raised
the possibility that a portion of the graves could
have remained undisturbed, if the buildings never
had excavated basements.
In 1952 Congressman John J. Rooney introduced
legislation to build a Marylander Memorial Park at
Seventh Street and Third Avenue. We believe the
National Park Service required proof that the site
contained their remains, so the bill was rewritten to call
for a study and archaeological dig. The consequent
Historical Orientation Report cited the evidence here,
but the dig, in 1957, found no remains.

-8-

"On the shore of Gowanus Bay sleep the remains of

this noble band. Out upon the broad surface of the
level marsh rose a little island with trees and undergrowth. Around this mound, scarcely an acre in extent, clustered a few of the survivors of the fatal field
and of the remorseless swamp, and here the heroic
dead were brought, and laid beneath its sod, after the
storm of battle had swept by. Tradition says that all
of the dead of the Maryland and Delaware
battalions, who fell at the Stone House engagement
were buried in this miniature island, which
promised at that day the seclusion and sacred quiet
which befit the resting place of the heroic dead. Third
Avenue intersects the westerly end of the mound;and
Seventh and Eighth Streets indicate two of its sides".
Fields,1869,as quoted in Hunter Research Draf t2012
Gowanus Canal Archaeology Report, referring to
Marylander burial site.

This proposal includes detailed updated

research as to sections of the hill where the
graves may have survived.
We also envision site promotion and
coordination for all of the American
Revolution-related sites in the area. These
include Prospect Park Battle Pass, GreenWood Cemetery Altar to Liberty, the Old
Stone House Interpretive Center, Ft.
Greene Park Prison Ship Martyrs
Monument, and the Fulton Ferry Landing
Evacuation Site.

1780 Sproule Map showing Marylander Hill surrounded by

streams.Gowanus Creek being brackish, colonial farmhouses were
built next to freshwater springs that fed marsh streams.

2012 MARYLANDER HILL LIDAR MODEL Light Imaging Data and

th
Ranging (LIDAR)study of the flat concrete slab covering the 8
Street site. The site was identified as a possible surviving remnant of
the Marylander Burial Ground. LIDAR looks for terrain anomalies.
The 2010 laser beam generated topographic data, accurate to within
a quarter of an inch capable of detecting minor fluctuations in the
ground, giving invaluable clues to potential buried archeologicalsites
such as lost graveyards.

2010DEM(DigitalElevationModel)
image by Jarlath ONeil-Dunne and Eymund Diegel

-9-

2012,March,The reconstructed Old Stone, or Vechte-Cortelyou House, marking the Marylanders last stand.
Photographer: Sean Hanley

In1933the Old Stone House Memorial

Committee took the leadership in commemorating
Battle of Brooklyn history by advocating for the
reconstruction in 1935 of an altered version of the
original farmhouse at JJByrne (now Washington)
Park by the NYC Department of Parks.
With the repopulation of the Gowanus basin after
decades of industrial decline, the Old Stone
House has helped promote area resurgence of
Battle of Brooklyn themed activities by local
historical and cultural groups, and growing
interest in the neighborhoods history.
May2012 Old Stone House Battle of Brooklyn reenactments with former
Brooklyn Parks Commissioner Julius Spiegel and current Brooklyn
Commissioner Kevin Jeffrey.
Photographer-Malcolm Pinckney

"Aye, this is the ground, My blind eyes even as I speak behold it re-peopled from
graves,The years recede, pavements and stately houses disappear, Rude forts appear again, the old
hoopd guns are mounted, I see the lines of raisd earth stretching from river to bay, I mark the vista of
waters, I mark the uplands and slopes; Here we lay encampd, it was this time in summer also."
(An imagined conversation by Walt Whitman between a Revolutionary War veteran and a young
Union Army volunteer in the first year of the Civil War. Soldiers drill on a bright day in Fort Greene
Park, and the veteran suddenly remembers the real fighting he took part in eighty-five years earlier on
the same hills overlooking the Gowanus marshes.)
by Walt Whitman, Brooklyn poet, from Leaves of Grass, as quoted in Barnet Schecter's The Battle for New York, 2002.

-10-

2010, Battle of Brooklyn, a 6 day

street art event by General
Howe/Jaime Rojo.

2001,The Brave Man, by Joseph

McCarthy, reenactment of the Battle
of Brooklyn using red and blue costumed actors to show troop
movements.

2012, Liberty Pole

Smith and Bergen Street,
Sasha Chavchavadze,
Proteus Gowanus.
2008, Marylander Street Art,
Peter Manzari
2013,Robert Sullivans
My American Revolution
describes how alive history can be,
right under our noses.
The Battle of Brooklyn has become a
cultural touchstone, an opportunity for
creating a Revolutionary War
Museum without Walls, and an
opening to continue
developing the borough as a cultural
destination.

-11-

Further research by cartographer Eymund Diegel

showed that Marylander Hill was still at roughly
the same elevation in 2012 as it in1776,(sloping
from 16 to 24 feet), with its surrounding valleys
having been filled in during Gowanus marshes
street construction in the1850s,while the hilltop
remained largely intact. In 2012, encouraged by
this evidence, citizen researchers from Proteus
Gowanus continued community research efforts
using high resolution balloon photography.
Using innovative aerial photography equipment
borrowed from the Gowanus Low Altitude
Mapping (GLAM) Program, independent
researchers from Proteus Gowanus uncovered
new evidence of the potential survival of a
mass grave of Revolutionary War soldiers on
the vacant lot, now in imminent danger of
redevelopment. Although findings were
inconclusive, the unusual pattern of cracks and
cemetery-like bumps clearly raised the need for
more thorough archaeological investigations.

"My father
(a building contractor)
foundthe bones of
some thirty bodies in
regular, or military
order in the course of
digging cellars for
apartment buildings on
the site.
Dr. Nicholas Ryan, a Brooklyn Heights physician, as
quoted in the Historical Orientation Report for
Archaeological Investigation, Marylanders
BurialSite, Brooklyn, New York, 1956, U.S. National
Parks Service.

1850 Stoddard Topographic Survey of Third Avenue

showing Marylander Hill at 21feet in1850,roughly the
same as 2013. The adjacent 24 foot elevation portion
of the hill was never excavated, meaning some graves
could have survived.
(Bob Furman archives)

GRAVES COULD HAVE

SURVIVED LANDSCAPE
CHANGES

-12-

2013 Current Site Conditions of the Marylander Site, showing survival of portions of the original 24 foot high
Marylander Hill(compared to surveyed heights in the 1835 USGS Renard Survey and the1850 Road Grading Survey by
J.S. Stoddard and Willard Day).The estimated space burial trenches would take is overlaid based on the Wildhack sketch
and the north/south Christian burial axis. It ignores any curvature in the hill slope. Overlaid on the map is an estimate of
the space that would be occupied by 143 to 256 bodies, based on a sketch (see following page) by Henry Wildhack, Jr., a
local resident interviewed in the1956 National Parks Service Historical Orientation Survey. The Maryland State Archives is
performing a major study of the number of battle dead based on their archival records, and embraces the 256 figure.

NEWRESEARCH
Portions of the original hilltop cemetery have
survived the ravages of urbanization, and state
of the art digital aerial photography and LIDAR
topographic modeling show cracks and depressions in the now paved site consistent with
rows of graves.

The theory that the balloon mappers explored

in 2012 was that the different soil compaction
from digging graves or covering grave mounds
with cobblestones would have caused cracks to
appear on the concrete slabs covering the
trenches as trucks drove over them.

-13-

The burial
trenches used
to run in this
direction. I
think there
were 6 of
them.
1956 Henry Wildhack Jr, Trench sketch from the Historical Orientation Report (Annotated by Robert Furman). From Brooklyn
College Library Special Collections.

2010 Aerial view showing Trench area, Moses Plan and New Park.

MOSES
ORIGINAL
MARYLANDER
PARKSITE

HenryWildhackJr,then aged 11, in a 1905 Newspaper

photo of the1897Marylander Plaque that was on the
sidewalk of Third Avenue near 8th Street.

WILDHACK
TRENCH
AREA

In 1947,Parks Commissioner Robert Moses had

a rough sketch proposal drawn for a Memorial
Park at the southeast corner of Seventh Street
and Third Avenue at the request of Mayor William
ODwyer to honor a national American Legion
convention held in New York City(shown in red
overlay on this 2010 aerial view). It was not built.

PROPOSEDNEW
P
MARYLANDERG
REEN
SITE

nArnoldNewman/GettyImages/W.W.Norton

Robert Moses, Park Planner

-14-

Brooklyn Citizen Science at work: 7July 2012Grassroots Mapping aerial view of the 170-8thStreet New
Park Site showing an unusual crack pattern; a Grassroots Mapper is simulating space a buried body would
occupy.
The Public Lab Over My Dead
Body Balloon Aerial Photography
Mapping Team was a citizen-led
effort by local community groups to
find out more about vacant sites in
the Gowanus Watershed that
would be suitable for new open
spaces. High resolution balloon
photography allows for previously
unnoticed details to prompt further
questions.Grassroots Mapping
aims to find meaningful data that
can help contribute to civic
discourse.
The Over My Dead Body Team:Liz Barry, Gena Wirth, Leif Percifield, Eymund Diegel, (Sara Dabbs
photographer).

WHAT OTHER ARGUMENTS ARE THERE FOR COMMEMORATING THE SITE AS A PARK?-15FOURTH AVE REZONING: MORE PEOPLE
GOWANUSREZONING
1400new housing units
by2020

Schools
with
Student
Population
(2008)

2010Population Density within a half mile of Marylander site showing lack of open space

Amount of Open Space per Resident that CEQR City

Guidelines call for: 100 square feet per person

What residents currently have access to:

10 square feet per person.

CURRENT NEED FOR NEW OPEN SPACE FOR EXISTING AND PROJECTED RESIDENTS
This site is a unique opportunity for government
authorities to honor casualties of Americas War of
Independence, and at the same time meet the
open space and environmental needs of the
growing Park Slope, Sunset Park and Gowanus
neighborhoods. Per the 2010 Census, 8965
people lived within 1000 feet of the Marylander
site.
New York City Planning Standards outlined in the
2010 City Environmental Quality Review Technical Manual encourage a standard of 2.5 acres of
open space within a half mile for every1000 residents.
In 2010,30,476 people lived within a half mile
of the Marylander site, including around 4600
public school students.

City standards call for them to have 76 acres of

open space. As of 2012,those residents only had
access to 6.57acres.
MORE PEOPLE WILL LIVE HERE
The city has upzoned the density of Fourth Avenue
within a half mile radius of the Marylander sites, with
many apartment buildings consequently under
construction. The Gowanus Canal waterfront
has1400 new residential units planned. With new
hotel rezonings, Gowanus is now a tourism
destination, which can be enhanced by developing
the areas historical assets.
Because of the residential upzoning, the City
needs to provide more open space for new

residents.

THE NEW PARK WOULD BE PART OF THE BROADER REVITALIZATION OF THE WATERSHED

Marylanders
Burial Ground

In August 2013 the first phase of the Gowanus

CanalConservancysplanforanetworkofgreensp
acestoprotectthewaterqualityofthe Canal was
approved. Two Sponge Park Plans for two
locations, one bydland studio, and another by
the Gowanus Canal Conservancy, are under
development, and are part of a broader vision
for the watershed. Growing sustainable open
space practices can enhance the
neighborhoods livability.
The Old Stone Houses pioneering work in promoting a walking guide to the watersheds
historical assets would be reinforced by a
coherent watershed plan designing the citys
history into an integrated stormwater and
recreational greenway system.

This Revolutionary Greenway Heritage Trail

would tie the past to its promising future.
Marylander Green would be a prototype for
establishing New York City as a center for
American Revolution studies and tourism as
well as a prototype for innovative practices to
meet growing environmental challenges.
2013 Former Mayor Bloomberg at the unveiling of new
Gowanus Canal Flushing Tunnel infrastructure.

SherrellDorsey,2013

EXISTING OPEN SPACE PROPOSALS

IT COULD HELP CITY MEET FEDERALLY MANDATED POLLUTION REDUCTION GOALS-17-

2012-AteAtemaArchitectsStreetCreeksConcept-a sustainable technique for reducing Gowanus sewer overflows and

improving livability of New York City streets by integrating street landscapes and water-sensitive urban design newparks.

The Gowanus Canal Conservancy has been

spearheading watershed planning efforts to
explore ideas for improving the Brooklyn
waterfronts environmental health. This
includes understanding techniques for diverting rainwater out of the streets overloaded
sewer systems, and back to more natural
water sensitive urban designs, such as play
pump parks and streetcreeks.

KidsMerry-goroundspump
storedrainwater

Play
Pump
Water
Plan

MARYLANDER
WATERSHED

The proposed Marylander Park would be a

flagship site for integrating such
innovative techniques for improving our
neighborhoods.

As part of the 2013 Gowanus Watershed Plan (under development) rainwater flows that cause
Sewage pollution are being modeled. Because many of the citys playgrounds were built on damp
land and buried streams, there is an opportunity to install rainwater catchment cisterns under city
parks and playgrounds. Children playing on merry-go-round pumps would bring the water back out
to Green Streets after storms. Although potentially restricted by burial sites, the proposed
Marylander Park site has an excellent watershed catchment area. Cheaper rain tanks would avoid
more expensive federally mandated sewer tanks in the Gowanus flood zone.

-18-

1776TobaccocurrencyusedtopayContinentalArmySoldiers
2012Available Signfor1708thStreet from the
From Georgia Frasers 1909 The Old Stone HouseOver My Dead Body Expedition.

HOW MUCH WILL IT COST?

PRELIMINARY ESTIMATE:$6.9MILLION

A detailed cost estimate will be prepared by qualified landscape architects, park planners and property assessors, once
further federal, state and city support for the Memorial Park has been developed. A feasibility study may be required.
Approximate budget figures given here are for general discussion only.
MEMORIALPARKSCENARIO:
Acquisition of the vacant 170- 8thStreet 13,500 sq.ft. vacant lot,the site with the most archaeological and commemorative
potential. The discovery of any onsite burials will require a different approach.
The project is envisioned as a joint NY City-State effort by the NYC Department of Parks and Recreation, the NYS Office of
Parks, Recreation and Historic Preservation (for park development) and by the NYC Departments of Transportation and
Design and Construction, for street creek construction. Participation by the State of Maryland is also envisioned,
LANDACQUISITION
At $350 per sq.ft, the 170 - 8th Street lots land acquisition costs are estimated at around $4.75million.
SITE INVESTIGATIONS
To establish the archeological value of the site, it will be necessary to clear it of its cement covering. This will cost around
$50,000 for concrete removal. As the sites eventual park plan would conform to LEED sustainability development
standards, this cost would be lower as removed concrete slabs would be stored on site for eventual reuse in park
construction. This would also protect the archaeological site during incremental investigation. Final costs will be a function
of contractor bids.
Archaeological investigations:
Preliminary site survey estimate:$50,000.
This would include hiring a professional team of archaeologists to do a preliminary excavation survey. Expanded
archaeological costs and further studies would be a function of the preliminary survey findings. If no military relics are
found, for example, if graves have been relocated, or if the cemetery is a colonial one of early farmers and slaves, then
the site would become a Battle of Brooklyn park on a purely commemorative basis. The Memorial Park scenario, including
new park construction, is estimated to cost around $7million.
We believe that the park is required even if archaeological investigations fail to locate human remains since the
Marylanders are known to have been buried nearby, on the east side of Third Avenue between Seventh and Eighth Street.

PROPOSED DEVELOPMENT BUDGET: MARYLANDER MEMORIAL PARK

Costs Projected Funding Source
1 Land Acquisition (13,500 Sq. ft., 170 Eighth Street [191-201 Ninth Street], based on prevailing area rates of
$350/sq.ft)1...... $4,750,000
NYC/NYS/Fed/MD/NGO
2. Archaeological Study2 ...... 47,400
NYS/NYC
3. Concrete Removal .. 50,000
NYS/NYC
3
4. Construction Costs .. 675,000
NYS/NYC/NGO
5. Overhead Charge @ 100/sq.ft4. ..... 1,350,000
NYS/NYC
Total ....... $6,872,400
Footnotes
1. Additional property may be added.
2. Preliminary examination. Courtesy of Chrysalis Archaeology. Discovery of human remains will require an additional
complex study along with decisions about disposition and possible relocation.
3. Estimated at $50.00/sq.ft. per SusannahDrake of Dland Studios. Addl funding for Bioswales from NYC DEP is expected.
4. Estimated at $100.00/sq.ft. per Susannah Drake of Dland.

-19-

COMPETING USES FOR THE SITE.

In 2013 the NYC School Construction Authority (SCA)
considered the site for a school for Park Slopes growing
student population. It retained TRC Senior Project Manager
Charles Guder to do soil borings on the site and Elizabeth
Meade of AKRF. Archaeological Consultants affirmed the
historical significance of the site. Members of the Rawley Post
report that the archaeological consultants told them that they
believe there are burials in their backyard.
The AKRF study utilized shallow test borings to test for soil
pollution. Their report, released in September, 2013, reported,
based on this archaeologically flawed methodology, no burials
at the site of interest. SCA may have lost interest in the site
since they acquired the nearby former St. Thomas Aquinas
School on Fourth Avenue and Eighth Street, now PS 118.
Because of its proximity to the desirable Park Slope
neighborhood, and its strategic location between the
becoming denser Fourth Avenue residential corridor and the
emerging Gowanus Third Avenue entertainment and
restaurant district, the site is a prime candidate for highdensity residential development.
FUNDING SOURCES
If an archeological investigation finds the site to hold remains
of Battle of Brooklyn soldiers, it might become a federal
military cemetery.
American Missing Soldiers Fund
The Joint POW/MIA Accounting Command (JPAC) is
responsible for recovering and preserving the remains of
Americas soldiers. Although focused on more recent wars,it
has dealt with both Civil War and Revolutionary War remains.
As Americas first U.S. Army cemetery, the site would warrant
special consideration.
American Battlefield Protection Program
This National Park Service program supports projects that
protect battlefields and sites associated with battlefields, but
does not fund land acquisition or capital improvement
projects. In2011,Senator Charles E. Schumer sponsored
Senate billS.916to promote the purchase of threatened
Revolutionary War sites in New York State.
Maryland Historic Trust
As most of the soldiers interred at the proposed park site are
from the Maryland Regiment, former Maryland Governor
Martin OMalley wrote a letter to then mayor Michael
Bloomberg offering support for proper commemoration of the
Marylanders role in the American Revolution (attached
below). Then ongoing School Construction proposals resulted
in inaction.
New York State Council for the Arts
Supports the Old Stone House commemoration programs
and the expansion of their cultural activities.

New York City Department of Environmental Protection

Green Infrastructure Plan
Under the Environmental Protection Agencys Gowanus
Canal Superfund Cleanup Program, the City of New York is
being asked to provide $78 million in necessary sewer tank
infrastructure improvements to prevent toxic overflows into
the Canal. The city is challenging that decision. The citys
Green Infrastructure Plan is being presented as a more
sustainable opportunity, opening the possibility of integrating
Marylander Park with a lower cost system of better
stormwater management for the upslope sections of the
Gowanus Watershed.
New York City Department of Parks and Recreation /City
Parks Foundation Partners
New York City has teamed up with community organizations
to improve open space for New Yorkers. Both the Trust for
Public Land and the New York Restoration Project have
funded open space improvements in the Gowanus
Watershed.
New York City Department of Cultural Affairs
Is the largest cultural funding agency in the nation, and
supports Battle of Brooklyn commemoration events and
programs.
Brooklyn Arts Council
Supports arts and media-related historical studies and
cultural outreach.
Private and Corporate Donors
A number of private and community groups have stepped
forward to support open space and commemorative projects
in the watershed.
Brooklyn Community Foundation Green CommunitiesFund has funded the Brooklyn Greenway Initiative.
Powerhouse Environmental Arts Foundation recently
acquired the Dentons Mill site, another suspected
Revolutionary War soldier burial ground, or historically
significant site, adjacent to the First Street Gowanus Canal
Basin. Other groups and individuals may step forward as
Brooklyns Revolutionary park system takes shape.

-20STAKEHOLDERS & COMMUNITY DIRECTORY

Below are people and organizations that would be directly affected
by park development, who have worked on Marylander Park
research, or have contributed to our discussion of Brooklyn cultural
arts and open space issues. Their names here in no way imply
support of this proposal and are purely contacts for people
seeking further comment and research discussion. This list is not
complete, and is being continuously expanded as part of the
Marylander Memorial Committees outreach efforts. You can
contact Bob Furman at bobfurman1@juno.com. Others are to be
added to this outreach directory and will be notified of plan
developments.
ARCHAEOLOGISTS
ChrysalisArchaeology-www.chrysalisarchaeology.com
ChrisRicciardi-cricciardi@chrysalisarchaeology.com
AlyssaLooryaaloorya@chrysalisarchaeology.com
didMarylanderResearchforFROGGin2012
AKRFCulturalResources-www.akrf.comElizabethMeadeemeade@akrf.com
MarylanderResearchforSchoolConstructionAuthorityin2013
Hunter Research-www.hunterresearch.com
PatrickHarshbarger-pharshbarger@hunterresearch.com
Did Marylander Research for the US Environmental Protection
Agency in 2012.
Brooklyn CollegeDepartment of Anthropology & Archaeology
Dr. Arthur Bankoffabankoff@brooklyn.cuny.edu
th
Did Marylander Research on 8 Street site area in1998.
New York City Landmarks Preservation Commission
Meenakshi Srinivasan, Commissioner
Amanda Sutphin, Director of Archaeology asutphin@lpc.nyc.gov
Reviews and promotes historical and archeological research on
Gowanus watershed development projects.
Hunter College Anthropology Department
William J Parry - wparry@hunter.cuny.edu
Does Battle of Brooklyn research with the Old Stone House.
Brooklyn Borough Historian
Ron Schweiger-bklynremembered@aol.com
HISTORICAL RESEARCH GROUPS
Brooklyn Historical Society, 128 Pierrepont Street, 11201
Maintains archival resources and organizes events on Brooklyn
history:
Deborah Schwartz, President. dschwartz@brooklynhistory.org
Jacob Nadal-jnadal@brooklynhistory.org
Society of Old Brooklynites, c/o Spinner Industries, 4018 Third
Avenue, 11232. Sobs1880@yahoo.com, 718-789-1993
Ronald Schweiger, President, Bklynremembered@aol.com
(Support letter attached).
Global Gazeteer of the American Revolution
http://gaz.jrshelby.com/md-mass-grave.htm.
-collects and archives research material pertaining to the Battle of
Brooklyn and the American Revolution
John Robertson-rwmapper@gmail.com
Battleofbrooklyn@wordpress.com. Blog discussing
commemoration issues by Robert Furman.
VETERANS GROUPS
Red Hook Memorial Post #5195 (endorsement letter attached)
Veterans of Foreign Wars
249 Van Brunt Street, 11231

COMMUNITY GROUPS
Michael Chirieleson

347-2042287

American Legion Michael Rawley Post No. 1636 (endorsement

letter attached).
Veterans organization adjacent to the Marylander Burial Ground,
1 9 3 N i n t h S t r e e t , B r o o k l y n , N . Y . 1 1 2 1 5 , (718)788-3499.
Michael Gandia, Post Commander
Prisco de Angelis, priscopete@live.com
Brooklyn Preservation Council
Promotes Brooklyn historical commemoration and preservation.
Buddy Scotto, Board Chair-salvatorejscotto@gmail.com
Bob Furman, President bobfurman1@juno.com
Eymund Diegel, Marylander Comm. Chair,eymund@gmail.com
Holly Fuchs, fuchsh@hotmail.com
Kathryn Krase, Secretary/Treasurer, Katkrase@aol.com.
The Old Stone House www.theoldstonehouse.org
336 Third Street, 11215
718-768-3195
Organizes events related to the Battle of Brooklyn.
Kim Maier, Executive Director: oldstonehouse@verizon.net.
ProteusGowanus http://proteusgowanus.org/
Organizes Battle of Brooklyn themed art events.
SashaChavchavadze-sashachav@gmail.com
AngelaKramer-krangela64@gmail.com
TamaraPittman-tamarappittman@gmail.com
EymundDiegel-eymund@gmail.com
Hall of the Gowanus,a community digital historical resource
archive info@proteusgowanus.org.
Friends and Residents of Greater Gowanus (FROGG)
http://froggbrooklyn.org/
Works to protect its industrial heritage and support sits innovative
and creative future. Recently completed a major industrial and
historical values study of the Gowanus.
MarleneDonnelly-studio460@msn.com
LindaMariano-joeandlinda393@aol.com
Gowanus Canal Conservancy
94 Ninth Street, 4th Floor, Ste. 27, 718-541-4378, Brooklyn, N.Y.
www.gowanuscanalconservancy.org
The Conservancy seeks to improve the environmental health of the
Gowanus Canal and its watershed by serving as a resource and
guiding the vision and transformation of the watershed.
HansHesselein, Executive Directorhans@gowanuscanalconservancy.org
Andy Simons-andy@gowanuscanalconservancy.org
Gowanus Canal Community Development Corp. (endorsement
letter attached).
104 First Place, Brooklyn, N.Y. 11231, 718-858-0557
Executive Director Vacant
Joseph Messineo Board Chairman
Gowanus By Design www.gowanusbydesign.com
Gowanus by Design is a community-based non-profit urban design advocacy, It works with the areas stakeholders and organizes
design competitions to visualize the areas potential.
David Briggs-dbriggs@gowanusbydesign.com
Anthony Deen - Adeen@gowanusbydesign.com
Park Slope Civic Council Overall civic organization for Park
Slope. Mail@parkslopeciviccouncil.org.
Park Slope Neighbors www.parkslopeneighbors.org
-A neighborhood organization committed to the protection and

enhancement of quality of life In Park Slope, Brooklyn.

EricMcClure-eric@parkslopeneighbors.org
8th Street Block Association
Association of residents and merchants on Eighth Street between
Third and Second Avenue. Kathryn Krase, President
Gowanus Eighth Street Block Association
Association of residents and merchants on Eighth Street
between Second and Third Avenue
MEDIA THAT COVER GOWANUS HISTORY ISSUES
Gary Buiso-GBuiso@nypost.com
NY Post writer on Marylanders
News12 Brooklyn, 2558 East 18th Street, Brooklyn, N.Y.
11235, 718-648-2579
NY Daily News, 16 Court Street, Rm. 503, 718-875-4455.
Bureau Chief
BklynHuntforSpiritof1776Soldiers-2012
Justin Burke-jburke@sorosny.org.
NY Times writer and Gowanus resident covering Battle of
Brooklyn events Seeking Brooklyns Lost Mass Grave- 2012
Philip Shane-drhundertwasser@mac.com
Madeline Gordon-mrgordon88@gmail.com
Doing documentary on Marylanders and community efforts to
find them.

-21-

NEW YORK STATE

Andrew Cuomo, Governor
Executive Chamber, Albany, N.Y. 12227
Empire State Development Corp.
633 Third Avenue, New York, N.Y. 10017
Rose Harvey, Commissioner, NYS Office of Parks, Recreation
and Historic Preservation, Empire State Plaza, Agency Bldg. 1,
th
20 Fl, Albany, NY 12238, 518-474-0463,
Rose.Harvey@oprhp.state.ny.us.
Ruth L. Pierpont, Deputy Commissioner for Historic
Preservation, Peebles Island, Delaware Avenue, Cohoes, NY
12047, 518-237-8643, x-269, Ruth.Pierpont@oprhp.state.ny.us.
th
Merrill Hesch, Regional Headquarters, 163 West 125 Street,
th
17 Fl, New York, NY 10027, 212-866-2599,
Merrill.Hesch@oprhp.state.ny.us.
PhilipA.Perazio,New York State Div. for Historic Preservation
Philip.Perazio@oprhp.state.ny.us
Gary Kline, NYSDEC, Water, NYC Municipal Compliance
gekline@gw.dec.state.ny.us Christina B. Rieth,New York State
Museum crieth@mail.nysed.gov
Jo Anne Simon *Assemblymember (52nd AD), 341 Smith St., Bklyn,
N.Y.11231, 718-246-4889. JoAnneSimon52ndAD@gmail.com
(Support Letter attached)

Matt Koed-bdkpictures@yahoo.com
Documentary filmmaker interested in doing Marylander
Archaeology documentary as dig develops.

Jesse Hamilton*, NYS Senator (20th SD), 1669 Bedford Avenue,

Brooklyn, NY 11235, 718-284-4700 (Support Letter Attached).

Katia Kelly-pardonmeinbrooklyn@gmail.com
Pardon Me For Asking blog which covers neighborhood history
issues.

Marty Golden,New York State Senator (22nd SD)

7403 Fifth Avenue, Brooklyn, N.Y. 11209, 718-238-6044,
m golden@nysenate.gov(Support Letter Attached)
Anthony Testaverde Testaver@nyssenate.gov

BenjaminAufill-GowanusYourFaceOff@gmail.com
Gowanus Your Face Off blog, which has covered Marylander
Burial Ground developments.
POLITICALSTAKEHOLDERS
New York City
Bill de Blasio, Mayor
Mitchell Silver, Commissioner, NYC Department of Parks &
Recreation,
Kevin Jeffrey, Brooklyn Parks Commissioner
kevin.jeffrey@parks.nyc.gov
Carter Strickland, New York City Department of Environmental
Protection, Commissioner cstrickland@dep.nyc.gov
Dr. Loree Sutton, Commissioner, Office of Veterans Affairs, 346
Broadway, NY,NY 10013, 212-442-4171, LSutton@cityhall.nyc.gov
Melissa Mark-Viverito, NYC Council Speaker
MViverito@council.nyc.gov
Brooklyn
Eric Adams, Borough President (Support Letter Attached)
Craig Hammerman*,District Manager, Brooklyn Community
Board 6 districtmanager@brooklyncb6.org
Jerry Armer, CB6 contact on Archaeology issues at Superfund
Community Advisory Group-jjarmer@yahoo.com.

Velmanette Montgomery, New York State Senator (25th SD)

30 Third Avenue, Brooklyn, N.Y. 11217, 718-643-6140
Oscar Jonas, Community Liaison, ojonas@nysenate.gov
(Support Letter Attached)
State of Maryland
Larry Hogan, Governor, State of Maryland (Support l e t t e r
f rom ex-G over nor Mar ti n O Mall ey at tached)
St at e House, Annapol is, MD 21401
http://www.governor.maryland.gov/mail/
Owen Lourie, State Historian, 401-260-6485.
Owen.Lourie@Maryland.gov.
Maryland State Archives, 350 Rome Blvd., Annapolis, MD
21501. Researching Maryland Regiment in Battle of Brooklyn.
Federal Agencies
United States Environmental Protection Agency
Christos Tsiamis,Gowanus Canal Superfund Site
tsiamis.christos@epa.gov

Sara M. Gonzles*(until 12/31/13), District 38 Councilmember

(Support letter attached).

National Parks Service, Archaeology Program

DCA@nps.gov
American Battlefield Protection Program
1201 I Street, NW, Washington, DC 20005
David Sheehan 202-354-2036.
LeeTucker.Joint POW/ MIA Accounting Command
Pao_mail@jpac.pacom.mil

Brad Lander* District 39 Councilmember

456 Fifth Avenue, Brooklyn, N.Y. 11215, 718-499-1090
CLander@council.nyc.gov
Catherine Zinnel, Community Liaison
Czinnel@council.nyc.gov.

US Senate
ChuckSchumer,780 Third Avenue, Ste. 2301,
New York, N.Y. 10017, 718-486-4430.
Nicholas Martin, Intergovernmental Affairs
Nicholas_Martin@schumer.senate.gov

-22Kirsten Gillibrand
780 Third Avenue, Ste. 2601, New York, N.Y. 10017
Sam Cooper sam_cooper@Gillibrand.senate.gov, 212-688-6262
US House of Representatives
Nydia Margarita Velzquez* Nydia.Velazquez@mail.house.gov
16 Court Street, Ste. 1006, 718-222-5819. Support Lttr Attached
Dan Wiley, Community Coordinator
Daniel.Wiley@mail.house.gov.

Vanderbilt,1881.
The Battle of Long Island, with Connected Preceding
Events, and the Subsequent American Retreat [Memoirs
of the Long Island Historical Society, Vol. II], Brooklyn:
Long Island Historical Society, 1869, Thomas W. Field.
Archaeological Sensitivity Study - Gowanus Canal
USEPA/Hunter Research, James Lee, Patrick Harshbarger,
Richard Hunter,2012.

*The site is in these districts.

The Marylander Burial Ground by Robert Furman, 2012.

REFERENCES- ARCHIVES

The Old Stone House

By Georgia Fraser, 1909.

Brooklyn Historical Society

Battle of Long Island, Maryland soldiers memorial
collection,18691957.

NEWSPAPER & WEB ARTICLES

Marylander Mass Grave Archive 2013: John Robertson

http:gaz.jrshelby.com/md-mass-grave.htm.

The Battle of Brooklyn: The Most Forlorn Military Gravesite in

the Nation, Baltimore Sun, Frank D.Roylance,1996

BOOKS AND PAMPHLETS

Historical Orientation Report for Archaeological
Investigation, Marylanders Burial Site, Brooklyn, New York,
by the U.S. National ParksService,1956 (Brooklyn College
Special Collections).

Brooklyn's Unknown Soldiers: The Long, Uncertain Search for

the Maryland Dead, The Phoenix, Robert E.Murphy,1998

The Maryland 400 at the Cortelyou House, Brooklyn; The

Action and Burial Site, US National Park Service Report to
Congress,21 May 1957.

Fire Sparks Focus On Rebel War Graves, New York Daily

News, Bob Liff, 1998.

1776 Graves Site Elusive In B'klyn New York Daily News,

Robert Fisk, 1998

The Maryland 400 In The Battle Of LongIsland,1776

By Linda Davis Reno, McFarland Publishers, 2008.

Washington Fought Here; Who Knew?;On 225th AnniversaryBattle of Brooklyns Little-Known Chapter, New York
Times,ElliottRebhun,2001

The Battle of Brooklyn,1776

By John J. Gallagher, DaCapoPress,1995.

Urban Environmentalist NYC: Slope-Gowanus Burial Ground

Revealed, Bob gusskind.com Ruth Edebohls,2008

The Battle of Brooklyn, August 27-29, 1776 A Walking Guide

to Sites and Monuments
By The Old Stone House and Washington Park, 2012.

Two Groups To Help Lay Historic Trail, Daily News, Bill Farrell,2012

Forgotten Patriots: the Untold Story of American Prisoners

during the Revolutionary War by Edwin G. Burrows,(2008).
The Wallabout Prison-Ships,1776-1783
by Eugene Armbruster(1920).
Guide Book to the Noted Places on Long Island, Historical
and otherwise, by Eugene Armbruster (1925).
Col. Atlees Journal of the Battle of Long Island, August
26,1776 by Samuel John Atlee in the Pennsylvania Magazine of
History and Biography, pp.509-516.1879.
Brooklyns Neglected Battle Ground
By Charles M. Higgins,1910.
The Campaign of 1776 Around New York and Brooklyn,
Johnston, Henry P, Brooklyn,1878.
Life at the Old Stone House: A History of a Farm and its
Occupants, by Dr. William Parry, Brooklyn, 1999.
The Battle for New York: The City at the Heart of the
American Revolution by Barnet Schecter,2002.
A History of the City of Brooklyn by Henry R. Stiles,1867,
available in facsimile.
The Social History of Flatbush: Manners and Customs of
the Dutch Settlers in Kings County by Gertrude Lefferts

A Precious Hour in American History-The Maryland 400 at Long

Island, Maryland Department of Veterans Affairs, Tom Milmore,
2012
The British InvasionAgain: The Mystery Of The MissingMarylanders' Grave
The Awl, Robert Sullivan 2012 Ausgegraben-Neuesausder
Archologie.
The New York Times, August 26, 2012,
Looking For Brooklyns Lost Marylander Grave
Der Spiegel, Angelika Franz, 2012 (inGerman) La Bataille de
Long Island
Battle of Long Island Toy soldier simulation by the Bourgen
Bresse Youth History Games Club(in French and English)
Gli Inglesi Stanno Arrivando! (The British are Coming) Battle of
Long Island war game simulation (InItalian and English).
LIDAR and Archaeological Mapping
LIDAR Technology: with Flyovers, a Solar Map of New York
New York Times, Mireya Navarro, 2012 Revolutionizing
Archaeology: Flying Lasers Reveal Buried Historical Structures
Der Spiegel, Markus Becker, 2012
Grassroots Mapping techniques for finding Marylander
Gowanus Grave Sites, Eymund Diegel, GEONYC

Additional research provided by Proteus Gowanus.

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-28October 30, 2013

Hon. Andrew Cuomo

State of New York
Executive Chamber
Albany, New York 12227
Dear Governor Cuomo:
The Gowanus Canal Community Development Corporation (GCCDC) being on the forefront of local economic
development since 1978 fully supports the efforts of the Brooklyn Preservation Council to develop a
commemorative ecological park on vacant land between Eight and Ninth Streets bounded by Third and Fourth
Avenues in Brooklyn to rightfully honor the Marylanders who died saving the American Revolution during the
Battle of Brooklyn on August 27, 1776.
It is possible that remains of Marylanders who perished on that eventful day still lie there and under
neighboring properties. The GCCDC also supports the efforts of the Council to locate any such remains which
would then be properly interred and honored.
The addition of parkland in this newly developing area is a necessary amenity for its many new residents, and an
appropriate mix of park and commemoration needs to be worked out as the facts on the ground develop.
Thank you for joining us in your support for this long awaited commemoration.
Sincerely,

/s/
Bill Appel
Executive Director

cc: Hon Velmanette Montgomery

Hon Bill de Blasio
Hon Joan Millman
Hon Brad Lander

-29Directs the commissioner of parks, recreation and historic preservation to take a parcel of land by the eminent domain
procedure for a state park commemorating Marylander Green, America's first battle memorial
Directs the commissioner of parks, recreation and historic preservation to take a parcel of land by the eminent domain
procedure for a state park commemorating Marylander Green, America's first battle memorial.
Details
Versions S5212-2015/A07906-2015
Sponsor: HAMILTON
Committee: JUDICIARY
Law Section: Kings County
Actions
May 7, 2015: REFERRED TO JUDICIARY
Memo
BILL NUMBER: S5212 TITLE OF BILL: An act requiring the commissioner of parks, recreation and historic preservation to
take a parcel of land through the eminent domain procedure for a state park commemorating Marylander Green,
America's first battle memorialPURPOSE: This bill would require the State Commissioner of Park, Recreation and Historic
Preservation to acquire the 170 Eighth Street in Brooklyn by eminent domain for the purpose of creating a state park
commemorating Maryland Heroes from the Battle of Brooklyn (Long Island) in the American Revolution., America's first
battle memorial
SUMMARY OF SPECIFIC PROVISIONS: Section 1: Legislative findings, Location of site Section
2: Effective Date
EXISTING LAW: No current law dealing with Marylander Park
JUSTIFICATION: The subject property, 170 - 8 Street, Lot 11 on Block 1003 in the Borough of Brooklyn, has long been
recognized as part of the area where the 256 Maryland Heroes were buried who died covering the retreat of the
Continental Army on August 27, 1776. The Gowanus/Park Slope area, where the site is located, has undergone drastic
changes in the last 15 years. Deindustrialization, coupled with a striking increase in property values, have led to the
demolition of many older buildings in the neighborhood that were part of the first wave of commercial and tenement
construction after 1890, and which were cited in the historical evidence as overlying the Marylanders' graves, making
locating any human remains more difficult. Many have already been replaced by luxury housing.The subject property, the
only vacant land that is part of the Marylander Burial Site, is for sale and is likely to be redeveloped as luxury housing
absent any public action, leading to obscuring the burials forever.There is no onsite recognition of the Maryland Heroes,
who have been the subject of memorialization efforts by both the states of New York and Maryland, the federal
government, and local citizens, since at least 1900. The sacrifice of the Maryland Heroes saved the American Revolution,
and remains a subject of historical research by the state of Maryland. Substantial assistance from Maryland, the federal
government and other jurisdictions is anticipated.
LEGISLATIVE HISTORY: New Legislation
FISCAL IMPLICATIONS: Fiscal Impact to the State to be determined by land acquisition cost as well as there will be future
costs to operate and maintain the newly created park.
LOCAL FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately.

-30STATE OF NEW YORK

________________________________________________________________________
S.5212
2015-2016 Regular Sessions
IN SENATE
May 7, 2015
___________
Introduced by Sen. HAMILTON -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT requiring the commissioner of parks, recreation and historic
preservation to take a parcel of land through the eminent domain
procedure for a state park commemorating Marylander Green, America's
first battle memorial
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The legislature hereby finds that it is necessary for a
public purpose to procure certain property within the city of New York.
To that extent, the commissioner of parks, recreation and historic preservation is hereby directed to take, through the use of the eminent
domain procedure as established under the eminent domain procedure law,
the parcel in the borough of Brooklyn known as 170 Eighth Street, Brooklyn, Block 1003 Lot 11, for a state park commemorating Marylander Green,
America's first battle memorial.
S 2. This act shall take effect immediately.

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