Assembly Bill A10326

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10326
 
                           I N  A S S E M B L Y
 
                             February 20, 2026
                                ___________
 
 Introduced by M. of A. KASSAY -- read once and referred to the Committee
   on Local Governments
 
 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:

   Section 1. Subject to the provisions of this act, the town of Brookha-
 ven,  in the county of Suffolk, acting by and through its governing body
 and upon such terms and conditions as determined by such board is hereby
 authorized to discontinue as parklands and to  lease    at  fair  market
 value to Tag Towers LLC for a term not to exceed thirty years, the lands
 more  particularly described in section three of this act for the place-
 ment and operation of a wireless communication tower. In  addition,  the
 town  of Brookhaven, in the county of Suffolk, acting by and through its
 town board is hereby authorized to convey an easement to Tag Towers  LLC
 over  certain  municipally owned parklands described in section three of
 this act for the purposes of Tag Towers LLC's access and utilities.
   § 2. The authorization provided in section one of this  act  shall  be
 effective  only  upon the condition that the town of Brookhaven dedicate
 an amount equal to or greater than the fair market value  of  the  park-
 lands  being  discontinued  toward  the acquisition of new parklands and
 recreational facilities and/or capital improvements to existing park and
 recreational facilities.
   § 3. The parklands authorized by section one of this act to be  alien-
 ated are described as follows:
   Parcel 1 Access and Utility Easement:  ALL THAT CERTAIN PLOT, PIECE OR
 PARCEL  OF  LAND,  WITH  THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED,
 SITUATE, LYING AND BEING IN SOUTH  SETAUKET,  THE  TOWN  OF  BROOKHAVEN,
 COUNTY  OF  SUFFOLK  AND  THE  STATE OF NEW YORK BEING MORE PARTICULARLY
 DESCRIBED AS FOLLOWS.
   BEGINNING AT A CAP AND PIN SET ON THE SOUTHERLY SIDE OF NESCONSET PORT
 JEFFERSON HIGHWAY (S.R. 347) RUNNING THENCE SOUTH 49 DEGREES 40  MINUTES
 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
 A. 10326                            2
 
   THENCE SOUTH 22 DEGREES 06 MINUTES 29 SECONDS EAST, 253.89 FEET;
   THENCE ALONG A CURVE BEARING THE LEFT WITH A RADIUS OF 70.00 FEET AN A
 LENGTH OF 90.79 FEET;
   THENCE: NORTH 83 DEGREES 34 MINUTES 40 SECONDS EAST, 493.56 FEET;
   THENCE SOUTH 06 DEGREES 25 MINUTES 20 SECONDS EAST, 498.35 FEET;
   THENCE SOUTH 18 DEGREES 47 MINUTES 01 SECONDS WEST 276.26 FEET;
   THENCE NORTH 71 DEGREES 12 MINUTES 59 SECONDS WEST, 15.00 FEET;
   THENCE NORTH 18 DEGREES 47 MINUTES 01 SECONDS EAST, 272.90 FEET;
   THENCE NORTH 06 DEGREES 25 MINUTES 20 SECONDS WEST, 479.99 FEET;
   THENCE SOUTH 83 DEGREES 34 MINUTES 40 SECONDS WEST, 478.56 FEET;
   THENCE  ALONG A CURVE BEARING TO THE RIGHT WITH A RADIUS OF 85.00 FEET
 AND A LENGTH OF 110.25 FEET;
   THENCE NORTH 22 DEGREES 06 MINUTES 29 SECONDS WEST, 248.95 FEET;
   THENCE NORTH 49 DEGREES 40 MINUTES 01 MINUTES EAST, 15.79 FEET;
   TO THE POINT OF BEGINNING.
   Parcel 2: ALL THAT CERTAIN PLOT, PIECE OR PARCEL  OF  LAND,  WITH  THE
 BUILDINGS  AND IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN
 SOUTH SETAUKET. THE TOWN OF BROOKHAVEN, COUNTY OF SUFFOLK AND THE  STATE
 OF NEW YORK BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
   BEGINNING AT A CAP AND PIN SET ON THE SOUTHERLY SIDE OF NESCONSET PORT
 JEFFERSON  HIGHWAY  (S.R.  347) FOLLOWING THESE COURSES AND DISTANCES TO
 THE POINT OF BEGINNING;THENCE SOUTH 49 DEGREES 40 MINUTES 01SECONDS WEST
 84.39 FEET; THENCE SOUTH 22 DEGREES 06 MINUTES 29 SECONDS  EAST,  253.89
 FEET;  THENCE  ALONG  A CURVE BEARING TO THE LEFT WITH A RADIUS OF 70.00
 FEET AND A LENGTH OF 90.79 FEET; THENCE NORTH 83 DEGREES 34  MINUTES  40
 SECONDS EAST, 493.56 FEET: THENCE SOUTH 06 DEGREES 25 MINUTES 20 SECONDS
 EAST  498.35  FEET;  THENCE SOUTH 18 DEGREES 47 MINUTES 01 SECONDS WEST,
 246.26 FEET TO THE POINT OR PLACE OF BEGINNING:
   RUNNING THENCE SOUTH 71 DEGREES 12  MINUTES  59  SECONDS  EAST,  83.00
 FEET;
   THENCE SOUTH 18 DEGREES 47 MINUTES 01 SECONDS WEST, 30.00 FEET;
   THENCE NORTH 71 DEGREES 12 MINUTES 59 SECONDS WEST, 83.00 FEET;
   THENCE  NORTH 18 DEGREES 47 MINUTES 01 SECONDS EAST, 30.00 FEET TO THE
 POINT OF BEGINNING
   § 4. Should the lands described in section three 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 Brookhaven
 for public park and recreational purposes. At the time  of  such  rever-
 sion,  the removal of such wireless communication tower shall take place
 and the property shall be returned to  its  previous  state,  consistent
 with park and recreational purposes.
   §  5.  In  the  event that the town of Brookhaven received any funding
 support or assistance from the  federal  government  for  the  purchase,
 maintenance  or  improvement of the parklands set forth in section three
 of this act, the discontinuance and alienation of such parkland  author-
 ized  by  the  provisions  of this act shall not occur until the town of
 Brookhaven has complied with any federal requirements pertaining to  the
 alienation  or  conversion of parklands, including satisfying the secre-
 tary of the interior that the alienation or conversion complies with all
 conditions which the secretary of the interior deems necessary to assure
 the substitution of other lands shall be equivalent in fair market value
 and usefulness to the lands being alienated or converted.
   § 6. This act shall take effect immediately.