S 7873: Authorizes alienation of certain parkland in the town of Brookhaven, Suffolk county and the lease of such land for a wireless communication tower, and an easement for access and utilities.

  
  STATE OF NEW YORK ________________________________________________________________________ 7873 2025-2026 Regular Sessions  IN SENATE May 12, 2025 ___________ Introduced by Sen. PALUMBO -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government 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: 1 Section 1. Subject to the provisions of this act, the town of Brookha- 2 ven, in the county of Suffolk, acting by and through its governing body, 3 and 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 LI Smart Solutions LLC for a term not to exceed thirty years, the 6 lands more particularly described in section three of this act for the 7 placement and operation of a wireless communication tower. 8 § 2. The authorization provided in section one of this act shall be 9 effective only upon the condition that the town of Brookhaven dedicates 10 an amount equal to or greater than the fair market value of the park- 11 lands being discontinued towards the acquisition of new parklands and/or 12 towards capital improvements to existing parkland and recreational 13 facilities. 14 § 3. The lands authorized by section one of this act to be discontin- 15 ued as parklands and leased are described as follows: 16 LEASE AREA A - 17 A PORTION OF ROLLING HILLS GOLF COURSE, ROCKY POINT 18 ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND WITH THE BUILDINGS AND 19 IMPROVEMENTS THEREON ERECTED LYING AND BEING AT ROCKY POINT AND BEING IN 20 THE TOWN OF BROOKHAVEN, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED 21 AND DESCRIBED AS FOLLOWS 22 BEGINNING AT A POINT ON THE NORTHERLY SIDE OF NORTH COUNTRY ROAD (NEW 23 YORK STATE ROUTE 25-A) AT THE EXTREME SOUTHERLY END OF THE ARC OF A 24 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 
 S. 7873 2 1 CONNECTS THE NORTHERLY SIDE OF NORTH COUNTRY ROAD (NEW YORK STATE ROUTE 2 25-A) AND THE WESTERLY SIDE OF FAIRWAY DRIVE. 3 RUNNING THENCE ALONG THE NORTHERLY SIDE OF NORTH COUNTRY ROAD (NEW 4 YORK STATE ROUTE 25-A) IN A WESTERLY DIRECTION A DISTANCE TO THE WEST 5 1129.33 FEET TO A POINT. 6 THENCE RUNNING NORTH 10 DEGREES 11 MINUTES 22 SECONDS EAST 250.38 FEET 7 TO A POINT. 8 RUNNING THENCE NORTH 10 DEGREES 11 MINUTES 22 SECONDS EAST 50.00 FEET 9 TO THE POINT OR PLACE OF BEGINNING. 10 RUNNING THENCE NORTH 79 DEGREES 48 MINUTES 38 SECONDS WEST 50.00 FEET 11 TO A POINT. 12 RUNNING THENCE NORTH 10 DEGREES 11 MINUTES 22 SECONDS EAST 50.00 FEET 13 TO A POINT. 14 RUNNING THENCE SOUTH 79 DEGREES 48 MINUTES 38 SECONDS EAST 50.00 FEET 15 TO A POINT. 16 RUNNING THENCE SOUTH 10 DEGREES 11 MINUTES 22 SECONDS WEST 50.00 FEET 17 TO THE POINT OR PLACE OF BEGINNING. 18 EASEMENT AREA A - 19 A 15-foot-wide easement for vehicular and pedestrian access to Lease 20 Area A and for utilities to service the structures in Lease Area A along 21 the existing roadway which runs from North Country Road to the Lease 22 Area A, said easement area being described as follows: 23 ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND WITH THE BUILDINGS AND 24 IMPROVEMENTS THEREON ERECTED LYING AND BEING AT ROCKY POINT AND BEING IN 25 THE TOWN OF BROOKHAVEN, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED 26 AND DESCRIBED AS FOLLOWS 27 BEGINNING AT A POINT ON THE NORTHERLY SIDE OF NORTH COUNTRY ROAD (NEW 28 YORK STATE ROUTE 25-A) AT THE EXTREME SOUTHERLY END OF THE ARC OF A 29 CURVE HAVING A RADIUS OF 20.00 FEET AND A LENGTH OF 32.07 FEET WHICH 30 CONNECTS THE NORTHERLY SIDE OF NORTH COUNTRY ROAD (NEW YORK STATE ROUTE 31 25-A) AND THE WESTERLY SIDE OF FAIRWAY DRIVE. 32 RUNNING THENCE ALONG THE NORTHERLY SIDE OF NORTH COUNTRY ROAD (NEW 33 YORK STATE ROUTE 25-A) IN A WESTERLY DIRECTION A DISTANCE OF 1164.33 34 FEET TO THE PLACE OR POINT OF BEGINNING. 35 RUNNING THENCE NORTH 79 DEGREES 48 MINUTES 38 SECONDS WEST 15.00 FEET 36 TO A POINT. 37 RUNNING THENCE NORTH 10 DEGREES 11 MINUTES 22 SECONDS EAST 299.98 FEET 38 TO A POINT. 39 RUNNING THENCE SOUTH 79 DEGREES 48 MINUTES 38 SECONDS EAST 15.00 FEET 40 TO A POINT. 41 RUNNING THENCE SOUTH 10 DEGREES 11 MINUTES 22 SECONDS WEST 299.98 FEET 42 TO THE POINT OR PLACE OF BEGINNING. 43 § 4. Should the lands described in section three of this act cease to 44 be used for the purposes described in section one of this act, the lease 45 shall terminate and those lands shall revert to the town of Brookhaven 46 for public park and recreational purposes. At the time of such rever- 47 sion, the removal of such wireless communication tower shall take place 48 and the property shall be returned to its previous state, consistent 49 with park and recreational purposes. 50 § 5. In the event that the town of Brookhaven received any funding 51 support or assistance from the federal government for the purchase, 52 maintenance or improvement of the parklands set forth in section three 53 of this act, the discontinuance and alienation of such parkland author- 54 ized by the provisions of this act shall not occur until the town of 55 Brookhaven has complied with any federal requirements pertaining to the 56 alienation or conversion of parkland, including satisfying the secretary 
 S. 7873 3 1 of the interior that the alienation or conversion complies with all 2 conditions which the secretary of the interior deems necessary to assure 3 the substitution of other lands shall be equivalent in fair market value 4 and usefulness to the lands being alienated or converted. 5 § 6. This act shall take effect immediately.