NYC 9/11 Public Portal Document
below the finished
construction, which was estimated to take 30 months. The storage tanks would be
surface, but, as with the Mosholu Golf Course project, the grade would be changed to incorporate a
"well designed building" built into the elope and "virtually hidden by the surrounding landscaping."
The roof of the building would be made into a patio with benches for the public.
occasioned
Wigand rejected the argument that the temporary disruption ofparkland necessarily
out
by the construction project violated the park alienation doctrine or barred the City from carrying
implicated
this vital project. The court also rejected the argument that the underground use of the land
the
the prohibition against "encroachment upon the use of park lands and diminution of the use of
a
Supply
said lands." The court further pointed out that the Parks Department and the Board of Water
had cooperated "in the installation of numerous tunnels and shafts in the various parks for a period of
more thar. 50 years."
The court specifically framed the issue it decided as whether the project was "compatible with
public park purposes," and found that it was. As in the present ease, the project was approved by the
appropriate City agencies and its legislative body (the Board of Estimate at the time), not by the State
the
Legislature. The AG's attempt to distinguish IVignnd by claiming that it rested on the approval of
provides
Silver Lake Park project by the State Water Resources Commission (which the AG claims
since the opinion does not
an exception to the requirement of legislative approval) is misplaced,
its
indicate that the State agency considered the parkland alienation issue or that the court relied upon
concurrence for anything other than, as the opinion stases, evidence that the project "is a matter of state
executive branch
concern." In this case, too, the AG has informed the court that the State (i.e., its
r The requirement of formal state agency approval of a water project in N.Y.C. Admin.
Code § 5-426, relied upon by the AG, which requirement is triggered when condemnation
procedures are needed for water supply projects, does not apply to the WTP. Because the City
already owns the land, no acquisition of land is required.
13
NYC-WTC 000137844
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