Bill Text: NY A06237 | 2021-2022 | General Assembly | Amended

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Bill Title: Authorizes the town of Brookhaven, county of Suffolk, to alienate and discontinue the use of certain parklands for the purpose of erecting a wireless communications tower.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-06-08 - substituted by s4608a [A06237 Detail]

Download: New_York-2021-A06237-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6237--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 10, 2021
                                       ___________

        Introduced  by  M.  of  A. J. A. GIGLIO -- read once and referred to the
          Committee on Local Governments -- committee discharged, bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to authorize the town of Brookhaven, county of Suffolk, to alien-
          ate and discontinue the use of certain parklands

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

     1    Section 1. Subject to the provisions of this act, the town of Brookha-
     2  ven, county of Suffolk, acting by and through its  governing  body,  and
     3  upon  such  terms  and  conditions as determined by such body, is hereby
     4  authorized to discontinue as parklands and to lease at fair market value
     5  to New York SMSA Limited Partnership for a term  not  to  exceed  thirty
     6  years the lands more particularly described in section three of this act
     7  for the placement and operation of a wireless communication tower.
     8    §  2.  The authorization contained in section one of this act shall be
     9  effective only upon the condition that the town of Brookhaven, county of
    10  Suffolk, dedicate the proceeds from the lease toward the acquisition  of
    11  new  parklands  and/or  capital improvements to existing park and recre-
    12  ational facilities
    13    § 3. The lands authorized by section one of this act to be  discontin-
    14  ued as parklands and leased are described as follows:
    15    ALL  that  certain  plot,  piece  or parcel of land, with improvements
    16  existing thereon, situate, lying and being in Mount Sinai, in  the  Town
    17  of  Brookhaven  and the county of Suffolk in the state of New York being
    18  more particularly described as follows:
    19    BEGINNING at the southwesterly corner  of  the  area  of  land  herein
    20  described, said point being the following three (3) courses from a point
    21  on  the  present  northerly side of New York State Route 25A (Nesconset-
    22  Port Jefferson Road), which point is the division line between lands now
    23  or formerly the Town of Brookhaven on the west and lands formerly  Texa-
    24  co, Inc and now formerly 438F Realty LLC on the east, said division line

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08930-02-1
        A. 6237--A                          2

     1  being 54.00 feet northerly measured radially from station 121+84± of the
     2  survey  centerline  of  New  York State Route 25A, said point also being
     3  358.12± as measured westerly  from  the  southwesterly  end  of  a  line
     4  connecting  the  northerly  side  of  New  York State Route 25A with the
     5  westerly side of Peach Tree Lane;
     6    1. Along the arc of a curve to the right having a  Radius  of  6530.75
     7  feet, and Length of 307.84 feet;
     8    2. South 66 degrees 52 minutes 17 seconds West, 260.34 feet;
     9    3. North 23 degrees 07 minutes 43 seconds West, 107.25 feet;
    10    Running  thence  from  said point of beginning, through and over lands
    11  now or formerly the Town of Brookhaven the following four (4) courses:
    12    1. North 39 degrees 28 minutes 00 seconds West, 45.00 feet;
    13    2. North 50 degrees 32 minutes 00 seconds East, 29.33 feet;
    14    3. South 39 degrees 28 minutes 00 seconds East, 45.00 feet;
    15    4. South 50 degrees 32 minutes 00 seconds  West,  29.33  feet  to  the
    16  point or place of beginning.
    17    Containing a total of 1320 sq. ft, or 0.0303 acres more or less.
    18    §  4. Should the lands described in section three of this act cease to
    19  be used for the purposes described in section one of this act, the lease
    20  shall terminate and those lands shall revert to the town  of  Brookhaven
    21  for  public  park  and recreational purposes. At the time of such rever-
    22  sion, the removal of such wireless communication tower shall take  place
    23  and  the  property  shall  be returned to its previous state, consistent
    24  with park and recreational purposes.
    25    § 5. In the event that the town of  Brookhaven  received  any  funding
    26  support  or  assistance  from  the  federal government for the purchase,
    27  maintenance or improvement of the parklands set forth in section two  of
    28  this  act, the discontinuance and alienation of such parkland authorized
    29  by the provisions of this act shall not occur until the town of Brookha-
    30  ven has complied with any federal requirements pertaining to the  alien-
    31  ation  or conversion of parklands, including satisfying the secretary of
    32  the interior that the alienation or conversion complies with all  condi-
    33  tions  which the secretary of the interior deems necessary to assure the
    34  substitution of other lands shall be equivalent in fair market value and
    35  usefulness to the lands being alienated or converted.
    36    § 6. This act shall take effect immediately.