S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8526--A
 
                        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  -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 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. (a) Subject to the provisions of  this  act,  the  town  of
 Brookhaven,  in the county of Suffolk, acting by and through its govern-
 ing 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 two of this  act
 for  the  placement and operation of a wireless communication tower.  In
 addition, the town of Brookhaven, in the county of  Suffolk,  acting  by
 and through its town board is hereby authorized to convey an easement to
 LI  Smart  Solutions  LLC  over  certain  municipally  owned  park lands
 described in section three of this act, to maintain an access  road  for
 the  purposes  described in section three of this act, provided that the
 thoroughfare shall be publicly accessible and able to be used  for  park
 purposes.
   (b)  All  proceeds  from such lease shall be used for capital improve-
 ments to existing park and recreational facilities and/or for the acqui-
 sition of additional park and recreational facilities, and the  town  of
 Brookhaven  shall  dedicate  an amount equal to or greater than the fair
 market value of the easement interests being conveyed  by  this  section
 for  capital  improvements  to existing park and recreational facilities
 and/or for the acquisition of additional park and  recreational  facili-
 ties.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11775-03-5
 A. 8526--A                          2
 
              

   § 2. The parklands authorized by section one of this act to be discon-
 tinued  as  parklands  and  leased  are  more  particularly described as
 follows:
   LEASE AREA A -
   A PORTION OF ROLLING OAKS 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
 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, CONTAINING .0573 acres, MORE OR
 LESS.
   § 3. The easement to be conveyed by section one of this  act  is  more
 particularly described as follows:
   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.
 A. 8526--A                          3

   RUNNING THENCE SOUTH 10 DEGREES 11 MINUTES 22 SECONDS WEST 299.98 FEET
 TO THE POINT OR PLACE OF BEGINNING, CONTAINING .103 acres, MORE OR LESS.
   §  4.  Should  the  leased  lands described in section two 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  and  the  easement
 described  in section three of this act for access shall also revert and
 be extinguished. At the time of such  reversion,  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 sections two
 and three of this act, the discontinuance and alienation of  such  park-
 land  authorized 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  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.