DEP Environmental Protection Invoices, 1999-2001

NYC 9/11 Public Portal Document NUV- ill - e000 1.)•77 rrcun war ccun~ -- ----- ---- -

This compares to the recommended ratio of 2.5 acres per 26 to 23 acres per thousand residents. temporary reduction a goal. Friends concedes that this thousand residents specified in the CEQR as to City's Local Rule construction is not significant. (Friends' Response in the open space ratio during that 268 trees will be removed during construction. The 56.1 Statement 1j 29). The FEIS estimates grass only rebuilt driving range will be replanted with City plans a reforestation program, but the project will be a substantial one, with the use of because of the plant underneath. The construction expected in an undertaking of that scale. The City heavy equipment and vehicular traffic thatwouldbe years of its commencement under the applicable is required to complete construction within 5'h

milestones.

DISCUSSION

A. The Park Alienation Issue parkland in the State may not be diverted to any The AG, Friends and Norwood contend that consistent with the public use and enjoyment of a park, in uses that are not recreational or otherwise Legislature.' They rely upon the common law doctrine the absence of specific approval by the State and 20(7) of the General City Law, which against alienation of parkland, and upon Sections 20(2) and all other public places, are hereby declared provide that the "rights of a city in and to its . . . parks, "discontinuance" to sell and convey property upon to be inalienable," with exceptions allowing a city

plaintiffs in Norwood and Friends. 'The issue of parkland alienation is properly raised by immediate and, therefore, the AG has been permitted The State's interest in the issue is direct and court resolving the question, initially raised by the to participate in the litigation without the court's the dispute properly before the court under and since addressed by the parties, whether the AG is capacity. resolution provisions of the Consent Decree or in another 9

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