S T A T E   O F   N E W   Y O R K
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                                  4608--A
     Cal. No. 945
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2021
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading, passed by Senate and delivered  to
   the  Assembly, recalled, vote reconsidered, restored to third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 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:
 
   Section 1. Subject to the provisions of this act, the town of Brookha-
 ven, county of Suffolk, acting by and through its  governing  body,  and
 upon  such  terms  and  conditions as determined by such body, is hereby
 authorized to discontinue as parklands and to lease at fair market value
 to New York SMSA Limited Partnership for a term  not  to  exceed  thirty
 years the lands more particularly described in section three of this act
 for the placement and operation of a wireless communication tower.
   §  2.  The authorization contained in section one of this act shall be
 effective only upon the condition that the town of Brookhaven, county of
 Suffolk, dedicate the proceeds from the lease toward the acquisition  of
 new  parklands  and/or  capital improvements to existing park and recre-
 ational facilities
   § 3. The lands authorized by section one of this act to be  discontin-
 ued as parklands and leased are described as follows:
   ALL  that  certain  plot,  piece  or parcel of land, with improvements
 existing thereon, situate, lying and being in Mount Sinai, in  the  Town
 of  Brookhaven  and the county of Suffolk in the state of New York being
 more particularly described as follows:
   BEGINNING at the southwesterly corner  of  the  area  of  land  herein
 described, said point being the following three (3) courses from a point
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD08930-03-1

 S. 4608--A                          2
 
 on  the  present  northerly side of New York State Route 25A (Nesconset-
 Port Jefferson Road), which point is the division line between lands now
 or formerly the Town of Brookhaven on the west and lands formerly  Texa-
 co, Inc and now formerly 438F Realty LLC on the east, said division line
 being 54.00 feet northerly measured radially from station 121+84± of the
 survey  centerline  of  New  York State Route 25A, said point also being
 358.12± as measured westerly  from  the  southwesterly  end  of  a  line
 connecting  the  northerly  side  of  New  York State Route 25A with the
 westerly side of Peach Tree Lane;
   1. Along the arc of a curve to the right having a  Radius  of  6530.75
 feet, and Length of 307.84 feet;
   2. South 66 degrees 52 minutes 17 seconds West, 260.34 feet;
   3. North 23 degrees 07 minutes 43 seconds West, 107.25 feet;
   Running  thence  from  said point of beginning, through and over lands
 now or formerly the Town of Brookhaven the following four (4) courses:
   1. North 39 degrees 28 minutes 00 seconds West, 45.00 feet;
   2. North 50 degrees 32 minutes 00 seconds East, 29.33 feet;
   3. South 39 degrees 28 minutes 00 seconds East, 45.00 feet;
   4. South 50 degrees 32 minutes 00 seconds  West,  29.33  feet  to  the
 point or place of beginning.
   Containing a total of 1320 sq. ft, or 0.0303 acres more or less.
   §  4. Should the lands described in section three of this act cease to
 be used for the purposes described in section one of this act, the lease
 shall terminate and those lands shall revert to the town  of  Brookhaven
 for  public  park  and recreational purposes. At the time of such rever-
 sion, the removal of such wireless communication tower shall take  place
 and  the  property  shall  be returned to its previous state, consistent
 with park and recreational purposes.
   § 5. In the event that the town of  Brookhaven  received  any  funding
 support  or  assistance  from  the  federal government for the purchase,
 maintenance or improvement of the parklands set forth in section two  of
 this  act, the discontinuance and alienation of such parkland authorized
 by the provisions of this act shall not occur until the town of Brookha-
 ven has complied with any federal requirements pertaining to the  alien-
 ation  or conversion of parklands, including satisfying the secretary of
 the interior that the alienation or conversion complies with all  condi-
 tions  which the secretary of the interior deems necessary to assure the
 substitution of other lands shall be equivalent in fair market value and
 usefulness to the lands being alienated or converted.
   § 6. This act shall take effect immediately.