Senate Bill S9079A

2025-2026 Legislative Session

Authorizes the town of Brookhaven to alienate certain lands used as parklands and to lease such lands for cell tower installation

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Current Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 21, 2026	print number 9079a
Apr 21, 2026	amend and recommit to local government
Jan 29, 2026	referred to local government

Bill Amendments

Original

A (Active)

2025-S9079 - Details

See Assembly Version of this Bill:: A10326
Current Committee:: Senate Local Government
Law Section:: Parks

2025-S9079 - Summary

Authorizes the town of Brookhaven to alienate certain lands used as parklands and to lease such lands for a cell tower installation.

2025-S9079 - Sponsor Memo

                                 
BILL NUMBER: S9079

SPONSOR: PALUMBO
 
TITLE OF BILL:

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

 
PURPOSE:

To allow the town of Brookhaven to alienate a parcel of parkland in
Percy Raynor Park in Setauket for the installation of a cell tower.

 
SUMMARY OF PROVISIONS:

Section 1. Authorizes the town of Brookhaven to discontinue as parkland
and to lease such parkland to Tag Towers LLC for installation of a
cellular tower

Section 2. The town of Brookhaven must dedicate a parcel of same size
toward the acquisition of new parklands and/or capital improvement to

existing park and recreational facilities.

Section 3. Describes the coordinates of the 2 parcels.

Section 4. States that if the lease terminates the lands revert to the
town of Brookhaven for public park and recreational purposes. Also, the
cellular tower shall be removed, and the property will return to its
previous state.

Section 5. lithe town of Brookhaven receives any funding from the feder-
al government for the purchase, maintenance or improvement of the park-
lands the alienation will not occur until certain requirements are
satisfied.

Section 6. Sets the effective date.

 
JUSTIFICATION:

The town of Brookhaven has identified a need to enhance wireless commu-
nication infrastructure to improve service and connectivity. Thw town
will dedicate funds towards the acquisition of new parkland and/or
towards capital improvement to existing parkland and recreational facil-
ities. .

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
Immediately

2025-S9079 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9079
 
                             I N  S E N A T E
 
                             January 29, 2026
                                ___________
 
 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:
 
   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
 S. 9079                             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.

2025-S9079A (ACTIVE) - Details

See Assembly Version of this Bill:: A10326
Current Committee:: Senate Local Government
Law Section:: Parks

2025-S9079A (ACTIVE) - Summary

Authorizes the town of Brookhaven to alienate certain lands used as parklands and to lease such lands for a cell tower installation.

2025-S9079A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9079A

SPONSOR: PALUMBO
 
TITLE OF BILL:

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

 
PURPOSE:

To authorize the Town of Brookhaven to lease certain parklands in Percy
Raynor Park in Setauket, for the purposes of installing a cellular tower
and to provide an easement for the installation of an associated subsur-
face electric cable.

 
SUMMARY OF PROVISIONS:

Section 1.

Authorizes the town of Brookhaven to discontinue as parkland and to
lease such parkland for 30 years to Tag Towers LLC for installation of a

cellular tower provided that the. Town dedicate all proceed from the
lease towards the acquisition of new parklands and/or capital improve-
ment to existing park and recreational facilities; and Authorizes the
Town to provide an easement for the installation of associated subsur-
face electrical cables, provided that, upon the completion of the
installation, Tag Towers LLC restores the surface, and land continues to
be used for park purposes.

Section 2.

Provides the metes and bounds for the lease area

Section 3.

Provides the metes and bounds for the easement area.

Section 4.

States that if the lease terminates the lands revert to the town of
Brookhaven for public park and recreational purposes. Also, the cellular
tower shall be removed, and the property will return to its previous
state.

Section 5.

If the town of Brookhaven receives any funding from the federal govern-
ment for the purchase, maintenance or improvement of the parklands the
alienation will not occur until certain requirements are satisfied.

Section 6.

Sets forth the effective date.

 
JUSTIFICATION:

The Town of Brookhaven has formally requested state support to enhance
its wireless communication infrastructure to improve service reliability
and public connectivity. The town has also identified the acquisition of
new parkland and capital improvements to existing park and recreational
facilities as priority projects and has committed to dedicating local
funds toward these efforts.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2025-S9079A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9079--A
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. (a) Subject to the provisions of  this  act,  the  town  of
 Brookhaven,  in the county of Suffolk, acting by and through its govern-
 ing 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 two of this act for the
 placement  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 the instal-
 lation, operation and maintenance  of  a  subsurface  electrical  cable,
 provided,  however, that upon completion of the installation, Tag Towers
 LLC shall restore the surface of the lands and the lands shall  continue
 to be used for park purposes.
   (b)  All  proceeds  from such lease shall be used for capital improve-
 ments to existing park and recreational facilities and/or for the acqui-
 sition of additional park and recreational facilities, and the  town  of
 Brookhaven  shall  dedicate  an amount equal to or greater than the fair
 market value of the easement interest authorized to be conveyed by  this
 section  for  capital  improvements  to  existing  park and recreational
 facilities and/or for the acquisition of additional park and recreation-
 al facilities.
   § 2. The parklands authorized by section one of this act to be  leased
 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
 
   ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND
 IMPROVEMENTS  THEREON ERECTED, SITUATE, LYING AND BEING IN SOUTH SETAUK-
 ET, 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  01  SECONDS
 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.
   Containing within said bounds .057 acres, more or less.
   § 3. The easement authorized to be conveyed by section one of this act
 is 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 SOUTH SETAUK-
 ET, 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.
   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  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 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 SECONDS EAST, 15.79 FEET;
   TO THE POINT OF BEGINNING.
   Containing within said bounds .552 acres, more or less.
   § 4. Should the 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 Brookhaven
 for public park and recreational purposes, and the easement described in
 section three of this act for access shall also  revert  and  be  termi-
 nated.    At  the  time  of such reversion, 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 sections two
 and three of this act, the discontinuance and alienation of  such  park-
 S. 9079--A                          3
 
 land  authorized 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
 secretary  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.

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Senate Bill S9079A

Sponsored By

Current Bill Status - In Senate Committee Local Government Committee

Actions

Bill Amendments

2025-S9079 - Details

2025-S9079 - Summary

2025-S9079 - Sponsor Memo

2025-S9079 - Bill Text download pdf

2025-S9079A (ACTIVE) - Details

2025-S9079A (ACTIVE) - Summary

2025-S9079A (ACTIVE) - Sponsor Memo

2025-S9079A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S9079A

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Sponsored By

Anthony H. Palumbo

Current Bill Status - In Senate Committee Local Government Committee

Actions

Bill Amendments

2025-S9079 - Details

2025-S9079 - Summary

2025-S9079 - Sponsor Memo

2025-S9079 - Bill Text download pdf

2025-S9079A (ACTIVE) - Details

2025-S9079A (ACTIVE) - Summary

2025-S9079A (ACTIVE) - Sponsor Memo

2025-S9079A (ACTIVE) - Bill Text download pdf

Comments