S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8526
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2025
                                ___________
 
 Introduced by M. of A. GIGLIO -- read once and referred to the Committee
   on Local Governments
 
 AN  ACT  in  relation  to  authorizing the 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:
 
   Section 1. Subject to the provisions of this act, the town of Brookha-
 ven, in the 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  LI  Smart  Solutions  LLC 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 provided in section one of this act shall be
 effective only upon the condition that the town of Brookhaven  dedicates
 an  amount  equal  to or greater than the fair market value of the park-
 lands being discontinued towards the acquisition of new parklands and/or
 towards capital  improvements  to  existing  parkland  and  recreational
 facilities.
   §  3. The lands authorized by section one of this act to be discontin-
 ued as parklands and leased are described as follows:
   LEASE AREA A -
   A PORTION OF ROLLING HILLS GOLF COURSE, ROCKY POINT
   ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND WITH THE BUILDINGS  AND
 IMPROVEMENTS THEREON ERECTED LYING AND BEING AT ROCKY POINT AND BEING IN
 THE TOWN OF BROOKHAVEN, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED
 AND DESCRIBED AS FOLLOWS
   BEGINNING  AT A POINT ON THE NORTHERLY SIDE OF NORTH COUNTRY ROAD (NEW
 YORK STATE ROUTE 25-A) AT THE EXTREME SOUTHERLY END  OF  THE  ARC  OF  A
 CURVE  HAVING  A  RADIUS  OF 20.00 FEET AND A LENGTH OF 32.07 FEET WHICH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11775-02-5
 A. 8526                             2
              

 
 CONNECTS THE NORTHERLY SIDE OF NORTH COUNTRY ROAD (NEW YORK STATE  ROUTE
 25-A) AND THE WESTERLY SIDE OF FAIRWAY DRIVE.
   RUNNING  THENCE  ALONG  THE  NORTHERLY SIDE OF NORTH COUNTRY ROAD (NEW
 YORK STATE ROUTE 25-A) IN A WESTERLY DIRECTION A DISTANCE  TO  THE  WEST
 1129.33 FEET TO A POINT.
   THENCE RUNNING NORTH 10 DEGREES 11 MINUTES 22 SECONDS EAST 250.38 FEET
 TO A POINT.
   RUNNING  THENCE NORTH 10 DEGREES 11 MINUTES 22 SECONDS EAST 50.00 FEET
 TO THE POINT OR PLACE OF BEGINNING.
   RUNNING THENCE NORTH 79 DEGREES 48 MINUTES 38 SECONDS WEST 50.00  FEET
 TO A POINT.
   RUNNING  THENCE NORTH 10 DEGREES 11 MINUTES 22 SECONDS EAST 50.00 FEET
 TO A POINT.
   RUNNING THENCE SOUTH 79 DEGREES 48 MINUTES 38 SECONDS EAST 50.00  FEET
 TO A POINT.
   RUNNING  THENCE SOUTH 10 DEGREES 11 MINUTES 22 SECONDS WEST 50.00 FEET
 TO THE POINT OR PLACE OF BEGINNING.
   EASEMENT AREA A -
   A 15-foot-wide easement for vehicular and pedestrian access  to  Lease
 Area A and for utilities to service the structures in Lease Area A along
 the  existing  roadway  which  runs from North Country Road to the Lease
 Area A, said easement area being described as follows:
   ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND WITH THE BUILDINGS  AND
 IMPROVEMENTS THEREON ERECTED LYING AND BEING AT ROCKY POINT AND BEING IN
 THE TOWN OF BROOKHAVEN, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED
 AND DESCRIBED AS FOLLOWS
   BEGINNING  AT A POINT ON THE NORTHERLY SIDE OF NORTH COUNTRY ROAD (NEW
 YORK STATE ROUTE 25-A) AT THE EXTREME SOUTHERLY END  OF  THE  ARC  OF  A
 CURVE  HAVING  A  RADIUS  OF 20.00 FEET AND A LENGTH OF 32.07 FEET WHICH
 CONNECTS THE NORTHERLY SIDE OF NORTH COUNTRY ROAD (NEW YORK STATE  ROUTE
 25-A) AND THE WESTERLY SIDE OF FAIRWAY DRIVE.
   RUNNING  THENCE  ALONG  THE  NORTHERLY SIDE OF NORTH COUNTRY ROAD (NEW
 YORK STATE ROUTE 25-A) IN A WESTERLY DIRECTION  A  DISTANCE  OF  1164.33
 FEET TO THE PLACE OR POINT OF BEGINNING.
   RUNNING  THENCE NORTH 79 DEGREES 48 MINUTES 38 SECONDS WEST 15.00 FEET
 TO A POINT.
   RUNNING THENCE NORTH 10 DEGREES 11 MINUTES 22 SECONDS EAST 299.98 FEET
 TO A POINT.
   RUNNING THENCE SOUTH 79 DEGREES 48 MINUTES 38 SECONDS EAST 15.00  FEET
 TO A POINT.
   RUNNING THENCE SOUTH 10 DEGREES 11 MINUTES 22 SECONDS WEST 299.98 FEET
 TO THE POINT OR PLACE OF BEGINNING.
   §  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  three
 of  this act, the discontinuance and alienation of such parkland author-
 ized by the provisions of this act shall not occur  until  the  town  of
 Brookhaven  has complied with any federal requirements pertaining to the
 alienation or conversion of parkland, including satisfying the secretary
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 of the interior that the alienation  or  conversion  complies  with  all
 conditions 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.