NYC 9/11 Public Portal Document
FROM DEP LEGAL W ---
NOV-30-2000 13:56
MEMORANDUM
From:
Re: Underground Use of Parkland
Date: November , 2000
importance to all
The City of York is currently litigating two issues of major
parkland within their local jurisdiction.
New
municipalities throughout the_state which have mapped
York State Court of Appeals on January 3,
The two issues, which will be argued before the New
2001 are:
place a water treatment plant
1) Is State legislative approval required for the City to
underneath Van Cortlandt Park (a mapped park) and
City may withdraw from parkland use
2) Is State legislative approval required before the
construction of the proposed WTP for the
the amount of parkland that will be interfered with by
restore the parkland to park use?
time currently estimated to construct the WTP and
an amicus brief supporting the City's
For the reasons set forth below, the City urges you to file
negative.
position that both questions should be answered in the
Background
consent decree, to design, build, and
The City is required, pursuant to a federal court
water from its Croton watershed. The
operate a water treatment facility (WTP) to treat drinking
approval to construct this facility
City proposed, and obtained local legislative land use
construction of the 'WTP (construction
underneath Van Cortlandt Park. Following completion of
disturbed during construction (23 acres
is to last six years), the portion of the park that had been
point of fact, the park will be
of a acre park) will be restored as usable parkland. (In
restoration).
enhanced through improvements to be made as part of the
federal court consent decree) and
The State of New York (which is also a party to the
disruption of the park during
various citizen groups brought an action alleging that the
the park constituted
construction as well as the ultimate placement of the WTP beneath
was required. The City argued that
alienation of parkland for which state legislative approval
the construction would be for a
under state law neither action constituted alienation because
underground, and the park would
defined and reasonable period, the plant would be completely
new facilities) once construction was
be fully restored (and in certain respects improved with
NYC-WTC 000137830
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