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A7840Assembly2009-2010 SessionSame asS4862

Authorizes the town of Smithtown in Suffolk county to discontinue the use of certain park land and lease the land for a cellular communications tower to Site Tech Wireless, LLC

Sponsor Michael J. FitzpatrickAD-7Affects Local Government
Status
Signed by Governor
Impact
Pending
Outcome
Signed into law

Bill progress

Signed into law

What's happening

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Who cares

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Sponsors

Primary sponsor
Michael J. Fitzpatrick

Assembly Member · Assembly District 7

No co-sponsors yet.

History

  1. Signed chap.444
  2. Delivered to governor
  3. Returned to assembly
  4. Passed senateVote 58–0
  5. Home rule request
  6. 3rd reading cal.788
  7. Substituted for S4862A
  8. Referred to rules
  9. Delivered to senate
  10. Passed assembly
  11. Home rule request
  12. Ordered to third reading rules cal.544
Show 7 earlier actions
  1. Rules report cal.544
  2. Reported
  3. Reported referred to rules
  4. Reported referred to ways and means
  5. Print number 7840a
  6. Amend and recommit to local governments
  7. Referred to local governments

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A7840A

Title of bill

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

Purpose

This legislation authorizes the Town of Smithtown in Suffolk County to lease certain park land for the purpose of a wireless communi- cations facility.

Summary of provisions

Section one authorizes the Town of Smithtown to lease a portion of municipal park land at fair-market value for a term of not more than twenty-five years for the purpose of erecting, main- taining and operating a wireless communications facility. Proceeds real- ized from the lease shall be used by the Town for acquisition of addi- tional park lands and/or capital improvements to existing park and recreation facilities.

Section two provides the metes and bounds of the 3,025 square foot parcel (0.069 acres) which will be the subject of such lease.

Section three provides for reversion of the leased parcel to the Town should the lease be terminated.

Justification

The Town of Smithtown has requested authorization to lease a 3,025 square foot area (0.069 acres) of their municipally owned golf and country club for the erection, operation and maintenance of a wireless communication facility. The 3,025 square foot footprint is contained within the 158.50 acre golf course and is currently located behind an existing maintenance building, adjacent to the municipal golf course at the country club. The parcel of land to be alienated is not currently utilized for any particular purpose.

The lands are to be alienated for the purpose of entering into a lease agreement which would authorize the construction, operation and mainte- nance of a wireless communications facility in light of a gap in wire- less coverage in the area. The facility will serve to enhance the health, safety and welfare of the public and visitors to the country club by expanding wireless telephone service throughout the property and increasing the availability of emergency wireless telephone service to park visitors. Additionally, the tower will be utilized for the place- ment of public safety/emergency services antenna in order to improve the reliability of radio communications in the area.

All revenue derived from the lease will be utilized by the Town to acquire additional park lands and/or capital improvements to existing park and recreation facilities.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.