S T A T E   O F   N E W   Y O R K
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    S. 4862--A                                            A. 7840--A

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             April 27, 2009
                               ___________

IN  SENATE  --  Introduced  by  Sen.  FLANAGAN -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Local
  Government -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

IN  ASSEMBLY  --  Introduced  by  M.  of A. FITZPATRICK -- 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 Smithtown in the county of
  Suffolk,  to  discontinue  the use of certain park land and lease such
  land for use of a wireless communications facility

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. a. The town of Smithtown, located in the county of Suffolk,
is hereby authorized, acting by and through its town board and upon such
terms and conditions as determined by such board, to discontinue the use
of  certain  municipally  owned  park  land, and to lease at fair market
value to Site Tech Wireless, LLC, for a term not to  exceed  twenty-five
years,  said  park  land as described in section two of this act for the
purpose of erecting, maintaining and operating a wireless communications
facility.
  b. All proceeds from such lease shall be used for the  acquisition  of
additional  park  lands and/or for capital improvements to existing park
and recreation facilities.
  S 2. The park lands authorized by section one of  this  act  are  more
particularly described as follows:
  ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND
IMPROVEMENTS  THEREON  ERECTED, SITUATE, LYING AND BEING IN SMITHTOWN IN
THE TOWN OF SMITHTOWN, COUNTY OF SUFFOLK AND THE STATE OF NEW YORK KNOWN
AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11236-02-9
              

S. 4862--A                          2                         A. 7840--A

  BEGINNING AT A POINT BEING THE FOLLOWING (1) COURSE AND DISTANCE  FROM
THE  NORTH WESTERLY CORNER OF SAID PROPERTY RUNNING SOUTH 74 DEGREES  06
MINUTES 47 SECONDS EAST 1,716.80' TO THE POINT OR PLACE OF BEGINNING  AT
THE NORTH WESTERLY CORNER OF LEASE AREA
  RUNNING THENCE NORTH 85 DEGREES 49  MINUTES 15 SECONDS EAST 55.00 FEET
  RUNNING THENCE SOUTH 04 DEGREES 10 MINUTES 45 SECONDS EAST 55.00 FEET
  RUNNING THENCE SOUTH 85 DEGREES 49 MINUTES 15 SECONDS WEST 55.00 FEET
  RUNNING  THENCE NORTH 04 DEGREES 10 MINUTES 45 SECONDS WEST 55.00 FEET
TO THE POINT OR PLACE OF BEGINNING
  CONTAINING 0.069 acres (3,025 square feet) of land.
  S 3. 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
Smithtown for public park and recreational purposes. At the time of such
reversion,  the  removal  of such wireless communications facility shall
take place and the property shall be returned  to  its  previous  state,
consistent with parks and recreational purposes.
  S 4. This act shall take effect immediately.