NYC 9/11 Public Portal Document
IWV_Q _4VVW 1•+•acr r non' vu rrv. .r .-
-
that the golf course and associated structures will
be restored to its existing use as a golf driving range,
for public use for recreational purposes after the
be restored or rebuilt, and that the area available
project is completed will remain undiminished.
some areas to accommodate the plant is
That changes to the existing grade will occur in
authority requires a municipality to seek
immaterial. As the City points out without contradiction, no
parkland; in fact, the Mosholu Golf
State legislative approval to make changes to the gradient of
1914 by altering the natural landscape.
Course and driving range were created in approximately
drawn to the court's attention prohibits
Moreover, neither Williams nor any other authority
related to a municipality's need to deliver
underground use of parkland for non -recreational purposes
legislative approval, where that use will
essential services to its residents, as is the case here, without
(See pp.14-16 infra). Since the parkland
not interfere with the recreational use of the surface.
may be approved by the
available for public
use will not be reduced, this underground use of parkland
Legislature.
City without the need for ratification by the State
temporary disruption of parkland
Nor is State legislative approval a precondition to the
properly undertaken without specific
necessarily occasioned by the construction of a project that is
N.Y.L.1., Sept. 25, 1967, p. 21. col. 5
legislation. On the contrary, in Wigand v. City of New York,
to construct two underground water
(Sup. Ct., Richmond Co.), the court upheld the City's authority
legislative approval, that were needed
storage tanks at Silver Lake Park on Statenlsland, without State
case, the Parks Department collaborated
to meet anticipated needs of a growing population. As in this
the City Department of Environmental
with the municipal water authorities (the predecessor of
restoration and beautification
Protection ("DEP")) and approved the specifics of the project, including
appropriate park use after completion Of
of the surface, to ensure preservation of the landscape for
12
NYC-WTC 000137843
OCR can misread numbers and units. Confirm readings against the page image before using them.