STATE OF NEW YORK
        ________________________________________________________________________

                                         9079--A

                    IN SENATE

                                    January 29, 2026
                                       ___________

        Introduced  by  Sen. PALUMBO -- 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

        AN ACT in relation to authorizing the  town  of  Brookhaven  in  Suffolk
          county to alienate certain lands used as parklands for the purposes of
          installing a cellular tower

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. (a) Subject to the provisions of  this  act,  the  town  of
     2  Brookhaven,  in the county of Suffolk, acting by and through its govern-
     3  ing body and upon such terms and conditions as determined by such  board
     4  is  hereby  authorized to discontinue as parklands and to lease  at fair
     5  market value to Tag Towers LLC for a term not to  exceed  thirty  years,
     6  the lands more particularly described in section two of this act for the
     7  placement  and operation of a wireless communication tower. In addition,
     8  the town of Brookhaven, in the county of Suffolk, acting by and  through
     9  its  town board is hereby authorized to convey an easement to Tag Towers
    10  LLC over certain municipally owned parklands described in section  three
    11  of  this act for the purposes of Tag Towers LLC's access and the instal-
    12  lation, operation and maintenance  of  a  subsurface  electrical  cable,
    13  provided,  however, that upon completion of the installation, Tag Towers
    14  LLC shall restore the surface of the lands and the lands shall  continue
    15  to be used for park purposes.
    16    (b)  All  proceeds  from such lease shall be used for capital improve-
    17  ments to existing park and recreational facilities and/or for the acqui-
    18  sition of additional park and recreational facilities, and the  town  of
    19  Brookhaven  shall  dedicate  an amount equal to or greater than the fair
    20  market value of the easement interest authorized to be conveyed by  this
    21  section  for  capital  improvements  to  existing  park and recreational
    22  facilities and/or for the acquisition of additional park and recreation-
    23  al facilities.
    24    § 2. The parklands authorized by section one of this act to be  leased
    25  are described as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14480-06-6
        S. 9079--A                          2

     1    ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND
     2  IMPROVEMENTS  THEREON ERECTED, SITUATE, LYING AND BEING IN SOUTH SETAUK-
     3  ET, THE TOWN OF BROOKHAVEN, COUNTY OF SUFFOLK AND THE STATE OF NEW  YORK
     4  BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
     5    BEGINNING AT A CAP AND PIN SET ON THE SOUTHERLY SIDE OF NESCONSET PORT
     6  JEFFERSON  HIGHWAY  (S.R.  347) FOLLOWING THESE COURSES AND DISTANCES TO
     7  THE POINT OF BEGINNING; THENCE SOUTH 49 DEGREES 40  MINUTES  01  SECONDS
     8  WEST  84.39  FEET;  THENCE  SOUTH 22 DEGREES 06 MINUTES 29 SECONDS EAST,
     9  253.89 FEET; THENCE ALONG A CURVE BEARING TO THE LEFT WITH A  RADIUS  OF
    10  70.00  FEET  AND  A  LENGTH  OF  90.79  FEET; THENCE NORTH 83 DEGREES 34
    11  MINUTES 40 SECONDS EAST, 493.56 FEET: THENCE SOUTH 06 DEGREES 25 MINUTES
    12  20 SECONDS EAST 498.35 FEET; THENCE  SOUTH  18  DEGREES  47  MINUTES  01
    13  SECONDS WEST, 246.26 FEET TO THE POINT OR PLACE OF BEGINNING;
    14    RUNNING  THENCE  SOUTH  71  DEGREES  12 MINUTES 59 SECONDS EAST, 83.00
    15  FEET; THENCE SOUTH 18 DEGREES 47 MINUTES 01 SECONDS  WEST,  30.00  FEET;
    16  THENCE  NORTH  71 DEGREES 12 MINUTES 59 SECONDS WEST, 83.00 FEET; THENCE
    17  NORTH 18 DEGREES 47 MINUTES 01 SECONDS EAST, 30.00 FEET TO THE POINT  OF
    18  BEGINNING.
    19    Containing within said bounds .057 acres, more or less.
    20    § 3. The easement authorized to be conveyed by section one of this act
    21  is more particularly described as follows:
    22    ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND
    23  IMPROVEMENTS  THEREON ERECTED, SITUATE, LYING AND BEING IN SOUTH SETAUK-
    24  ET, THE TOWN OF BROOKHAVEN, COUNTY OF SUFFOLK AND THE STATE OF NEW  YORK
    25  BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
    26    BEGINNING AT A CAP AND PIN SET ON THE SOUTHERLY SIDE OF NESCONSET PORT
    27  JEFFERSON  HIGHWAY (S.R. 347) RUNNING THENCE SOUTH 49 DEGREES 40 MINUTES
    28  01 SECONDS WEST 84.39 FEET TO THE POINT OF BEGINNING.
    29    THENCE SOUTH 22 DEGREES 06 MINUTES 29 SECONDS EAST, 253.89 FEET;
    30    THENCE ALONG A CURVE BEARING THE LEFT WITH A RADIUS OF 70.00 FEET  AND
    31  A LENGTH OF 90.79 FEET;
    32    THENCE: NORTH 83 DEGREES 34 MINUTES 40 SECONDS EAST, 493.56 FEET;
    33    THENCE SOUTH 06 DEGREES 25 MINUTES 20 SECONDS EAST, 498.35 FEET;
    34    THENCE SOUTH 18 DEGREES 47 MINUTES 01 SECONDS WEST 276.26 FEET;
    35    THENCE NORTH 71 DEGREES 12 MINUTES 59 SECONDS WEST, 15.00 FEET;
    36    THENCE NORTH 18 DEGREES 47 MINUTES 01 SECONDS EAST, 272.90 FEET;
    37    THENCE NORTH 06 DEGREES 25 MINUTES 20 SECONDS WEST, 479.99 FEET;
    38    THENCE SOUTH 83 DEGREES 34 MINUTES 40 SECONDS WEST, 478.56 FEET;
    39    THENCE  ALONG A CURVE BEARING TO THE RIGHT WITH A RADIUS OF 85.00 FEET
    40  AND A LENGTH OF 110.25 FEET;
    41    THENCE NORTH 22 DEGREES 06 MINUTES 29 SECONDS WEST, 248.95 FEET;
    42    THENCE NORTH 49 DEGREES 40 MINUTES 01 SECONDS EAST, 15.79 FEET;
    43    TO THE POINT OF BEGINNING.
    44    Containing within said bounds .552 acres, more or less.
    45    § 4. Should the lands described in section two of this act cease to be
    46  used for the purposes described in section one of this  act,  the  lease
    47  shall  terminate  and those lands shall revert to the town of Brookhaven
    48  for public park and recreational purposes, and the easement described in
    49  section three of this act for access shall also  revert  and  be  termi-
    50  nated.    At  the  time  of such reversion, the removal of such wireless
    51  communication tower shall take place and the property shall be  returned
    52  to its previous state, consistent with park and recreational purposes.
    53    §  5.  In  the  event that the town of Brookhaven received any funding
    54  support or assistance from the  federal  government  for  the  purchase,
    55  maintenance  or  improvement  of the parklands set forth in sections two
    56  and three of this act, the discontinuance and alienation of  such  park-
        S. 9079--A                          3

     1  land  authorized by the provisions of this act shall not occur until the
     2  town of Brookhaven has complied with any federal requirements pertaining
     3  to the alienation or conversion of parklands, including  satisfying  the
     4  secretary  of  the  interior  that the alienation or conversion complies
     5  with all conditions which the secretary of the interior deems  necessary
     6  to  assure  the  substitution of other lands shall be equivalent in fair
     7  market value and usefulness to the lands being alienated or converted.
     8    § 6. This act shall take effect immediately.