STATE OF NEW YORK
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9079
IN SENATE
January 29, 2026
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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 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. 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 board is hereby
4 authorized to discontinue as parklands and to lease at fair market
5 value to Tag Towers LLC for a term not to exceed thirty years, the lands
6 more particularly described in section three of this act for the place-
7 ment and operation of a wireless communication tower. In addition, the
8 town of Brookhaven, in the county of Suffolk, acting by and through its
9 town board is hereby authorized to convey an easement to Tag Towers LLC
10 over certain municipally owned parklands described in section three of
11 this act for the purposes of Tag Towers LLC's access and utilities.
12 § 2. The authorization provided in section one of this act shall be
13 effective only upon the condition that the town of Brookhaven dedicate
14 an amount equal to or greater than the fair market value of the park-
15 lands being discontinued toward the acquisition of new parklands and
16 recreational facilities and/or capital improvements to existing park and
17 recreational facilities.
18 § 3. The parklands authorized by section one of this act to be alien-
19 ated are described as follows:
20 Parcel 1 Access and Utility Easement: ALL THAT CERTAIN PLOT, PIECE OR
21 PARCEL OF LAND, WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED,
22 SITUATE, LYING AND BEING IN SOUTH SETAUKET, THE TOWN OF BROOKHAVEN,
23 COUNTY OF SUFFOLK AND THE STATE OF NEW YORK BEING MORE PARTICULARLY
24 DESCRIBED AS FOLLOWS.
25 BEGINNING AT A CAP AND PIN SET ON THE SOUTHERLY SIDE OF NESCONSET PORT
26 JEFFERSON HIGHWAY (S.R. 347) RUNNING THENCE SOUTH 49 DEGREES 40 MINUTES
27 01 SECONDS WEST 84.39 FEET TO THE POINT OF BEGINNING.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14480-02-6
S. 9079 2
1 THENCE SOUTH 22 DEGREES 06 MINUTES 29 SECONDS EAST, 253.89 FEET;
2 THENCE ALONG A CURVE BEARING THE LEFT WITH A RADIUS OF 70.00 FEET AN A
3 LENGTH OF 90.79 FEET;
4 THENCE: NORTH 83 DEGREES 34 MINUTES 40 SECONDS EAST, 493.56 FEET;
5 THENCE SOUTH 06 DEGREES 25 MINUTES 20 SECONDS EAST, 498.35 FEET;
6 THENCE SOUTH 18 DEGREES 47 MINUTES 01 SECONDS WEST 276.26 FEET;
7 THENCE NORTH 71 DEGREES 12 MINUTES 59 SECONDS WEST, 15.00 FEET;
8 THENCE NORTH 18 DEGREES 47 MINUTES 01 SECONDS EAST, 272.90 FEET;
9 THENCE NORTH 06 DEGREES 25 MINUTES 20 SECONDS WEST, 479.99 FEET;
10 THENCE SOUTH 83 DEGREES 34 MINUTES 40 SECONDS WEST, 478.56 FEET;
11 THENCE ALONG A CURVE BEARING TO THE RIGHT WITH A RADIUS OF 85.00 FEET
12 AND A LENGTH OF 110.25 FEET;
13 THENCE NORTH 22 DEGREES 06 MINUTES 29 SECONDS WEST, 248.95 FEET;
14 THENCE NORTH 49 DEGREES 40 MINUTES 01 MINUTES EAST, 15.79 FEET;
15 TO THE POINT OF BEGINNING.
16 Parcel 2: ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE
17 BUILDINGS AND IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN
18 SOUTH SETAUKET. THE TOWN OF BROOKHAVEN, COUNTY OF SUFFOLK AND THE STATE
19 OF NEW YORK BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
20 BEGINNING AT A CAP AND PIN SET ON THE SOUTHERLY SIDE OF NESCONSET PORT
21 JEFFERSON HIGHWAY (S.R. 347) FOLLOWING THESE COURSES AND DISTANCES TO
22 THE POINT OF BEGINNING;THENCE SOUTH 49 DEGREES 40 MINUTES 01SECONDS WEST
23 84.39 FEET; THENCE SOUTH 22 DEGREES 06 MINUTES 29 SECONDS EAST, 253.89
24 FEET; THENCE ALONG A CURVE BEARING TO THE LEFT WITH A RADIUS OF 70.00
25 FEET AND A LENGTH OF 90.79 FEET; THENCE NORTH 83 DEGREES 34 MINUTES 40
26 SECONDS EAST, 493.56 FEET: THENCE SOUTH 06 DEGREES 25 MINUTES 20 SECONDS
27 EAST 498.35 FEET; THENCE SOUTH 18 DEGREES 47 MINUTES 01 SECONDS WEST,
28 246.26 FEET TO THE POINT OR PLACE OF BEGINNING:
29 RUNNING THENCE SOUTH 71 DEGREES 12 MINUTES 59 SECONDS EAST, 83.00
30 FEET;
31 THENCE SOUTH 18 DEGREES 47 MINUTES 01 SECONDS WEST, 30.00 FEET;
32 THENCE NORTH 71 DEGREES 12 MINUTES 59 SECONDS WEST, 83.00 FEET;
33 THENCE NORTH 18 DEGREES 47 MINUTES 01 SECONDS EAST, 30.00 FEET TO THE
34 POINT OF BEGINNING
35 § 4. Should the lands described in section three of this act cease to
36 be used for the purposes described in section one of this act, the lease
37 shall terminate and those lands shall revert to the town of Brookhaven
38 for public park and recreational purposes. At the time of such rever-
39 sion, the removal of such wireless communication tower shall take place
40 and the property shall be returned to its previous state, consistent
41 with park and recreational purposes.
42 § 5. In the event that the town of Brookhaven received any funding
43 support or assistance from the federal government for the purchase,
44 maintenance or improvement of the parklands set forth in section three
45 of this act, the discontinuance and alienation of such parkland author-
46 ized by the provisions of this act shall not occur until the town of
47 Brookhaven has complied with any federal requirements pertaining to the
48 alienation or conversion of parklands, including satisfying the secre-
49 tary of the interior that the alienation or conversion complies with all
50 conditions which the secretary of the interior deems necessary to assure
51 the substitution of other lands shall be equivalent in fair market value
52 and usefulness to the lands being alienated or converted.
53 § 6. This act shall take effect immediately.
