Bill Text: NY S08483 | 2019-2020 | General Assembly | Introduced

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Bill Title: Authorizes the village of Patchogue, town of Brookhaven, county of Suffolk, to alienate and discontinue the use of certain parklands, for the purpose of leasing such parklands to Wireless Towers LLC.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-09-21 - SIGNED CHAP.198 [S08483 Detail]

Download: New_York-2019-S08483-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8483

                    IN SENATE

                                      June 4, 2020
                                       ___________

        Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to authorize the village of Patchogue, town of Brookhaven, county
          of Suffolk, to alienate 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.  (a) Subject to the provisions of this act, the village of
     2  Patchogue, in the town of Brookhaven, county of Suffolk, acting  by  and
     3  through its governing body, and upon such terms and conditions as deter-
     4  mined by such body, is hereby authorized to discontinue as parklands and
     5  to  lease  at fair market value to Wireless Towers LLC for a term not to
     6  exceed thirty years the lands more particularly described in section two
     7  of this act for the placement and operation of a wireless  communication
     8  tower.
     9    (b)  All proceeds from such lease shall be used for acquisition of new
    10  parklands and/or towards  capital  improvements  to  existing  park  and
    11  recreational facilities.
    12    §  2. The lands authorized by section one of this act to be discontin-
    13  ued as parklands and leased are described as follows:
    14    All that certain plot, piece or parcel of land, with the buildings and
    15  improvements thereon erected, situate, lying and being in the village of
    16  Patchogue in the town of Brookhaven and the county  of  Suffolk  in  the
    17  state of New York being more particularly described as follows:
    18    Beginning  at  a  point  being  514.60  feet southerly from the corner
    19  formed by the southerly side of Park Street and the westerly side of Bay
    20  Ave.
    21    Running thence south 05 degrees 51 minutes 29 seconds east 5.05 feet;
    22    Running thence south 75 degrees 46  minutes  30  seconds  west  187.11
    23  feet;
    24    Running thence south 56 degrees 30 minutes 25 seconds west 5.01 feet;
    25    Running thence north 56 degrees 30 minutes 25 seconds east 15.15 feet;
    26    Running  thence  north  75  degrees  46 minutes 30 seconds east 187.85
    27  feet;
    28    To the point of beginning.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16305-03-0
        S. 8483                             2

     1    The Parcel Contains 1.57 acres more or less of land.
     2    § 3. Should the lands described in section two of this act cease to be
     3  used  for  the  purposes described in section one of this act, the lease
     4  shall terminate and those lands shall revert to the village of Patchogue
     5  for public park and recreational purposes. At the time  of  such  rever-
     6  sion,  the removal of such wireless communication tower shall take place
     7  and the property shall be returned to  its  previous  state,  consistent
     8  with park and recreational purposes.
     9    §  4.  In the event that the village of Patchogue received any funding
    10  support or assistance from the  federal  government  for  the  purchase,
    11  maintenance  or improvement of the parklands set forth in section two of
    12  this act, the discontinuance and alienation of such parkland  authorized
    13  by the provisions of this act shall not occur until the village of Patc-
    14  hogue  has  complied  with  any  federal  requirements pertaining to the
    15  alienation or conversion of parklands, including satisfying  the  secre-
    16  tary of the interior that the alienation or conversion complies with all
    17  conditions which the secretary of the interior deems necessary to assure
    18  the substitution of other lands shall be equivalent in fair market value
    19  and usefulness to the lands being alienated or converted.
    20    § 5. This act shall take effect immediately.