DEP Environmental Protection Invoices, 1999-2001

NYC 9/11 Public Portal Document

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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

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NYC-WTC 000137843