Bill Text: NY S03282 | 2025-2026 | General Assembly | Introduced
Bill Title: Authorizes the alienation of certain parklands in the town of Amherst, county of Erie for lease to Bell Atlantic Mobile Systems, LLC d/b/a Verizon Wireless for the placement and operation of a wireless communications tower.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-24 - REFERRED TO LOCAL GOVERNMENT [S03282 Detail]
Download: New_York-2025-S03282-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3282 2025-2026 Regular Sessions IN SENATE January 24, 2025 ___________ Introduced by Sen. S. RYAN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT in relation to authorizing the alienation of certain parklands in the town of Amherst, county of Erie The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subject to the provisions of this act, the town of Amherst, 2 county of Erie, is hereby authorized, acting by and through its govern- 3 ing body, and upon such terms and conditions as determined by such 4 governing body, to discontinue the use as parklands and alienate, and to 5 lease at fair market value to Bell Atlantic Mobile Systems, LLC d/b/a 6 Verizon Wireless the lands described in section three of this act for 7 the placement and operation of a wireless communications tower and any 8 related equipment or facilities. 9 § 2. The authorization contained in section one of this act shall only 10 be effective on the condition that the town of Amherst dedicate an 11 amount equal to or greater than fair market value of the parklands being 12 alienated pursuant to section one of this act towards the acquisition of 13 new parklands and/or capital improvements to existing park and recre- 14 ational facilities. 15 § 3. The parklands authorized by section one of this act to be discon- 16 tinued as parkland is described as follows: 17 All that tract or parcel of land situate in the Town of Amherst, Coun- 18 ty of Erie, State of New York, all as shown on a map entitled "Sworm- 19 ville Survey Plan", prepared by Costich Engineering, D.P.C., having 20 drawing number 8997, sheet number VA101, last dated 11/25/2024, and 21 being more particularly bounded and described as follows: 22 Commencing at a 0.75" pipe found on the assumed common line of lands 23 now or formerly owned by Charles Herberger (T.A.#28.04-1-52.11) to the 24 west and lands now or formerly owned by the Town of Amherst 25 (T.A.#28.04-1-45) to the east, said point also being on the assumed EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06775-01-5S. 3282 2 1 southerly right of way line of Smith Street-County Route 297 (66' 2 R.O.W.); thence 3 1. S47°10'44"E, along the assumed southerly bounds of Smith Street- 4 County Route 297, a distance of 38.33 feet to a point of curvature; 5 thence 6 2. Southerly along a curve to the left having a delta angle of 7 16°59'34", a radius of 71.00 feet, and an arc length of 21.06 feet, said 8 curve also having a chord of S31°41'25"W 20.98 feet to a point; thence 9 3. S23°11'38"W, a distance of 82.89 feet to a point of curvature; 10 thence 11 4. Southerly along a curve to the right having a delta angle of 12 29°38'29", a radius of 85.00 feet, and an arc length of 43.97 feet, said 13 curve also having a chord of S38°00'52"W 43.49 feet to a point; thence 14 5. S52°50'06"W, a distance of 72.46 feet to a point of curvature; 15 thence 16 6. Westerly along a curve to the right having a delta angle of 17 57°35'20", a radius of 101.00 feet, and an arc length of 101.52 feet, 18 said curve also having a chord of S81°37'47"W 97.30 feet to a point; 19 thence 20 7. N69°34'33"W, a distance of 220.32 feet to a point of curvature; 21 thence 22 8. Westerly along a curve to the left having a delta angle of 23 37°32'16", a radius of 220.00 feet, and an arc length of 144.13 feet, 24 said curve also having a chord of S89°00'57"W 141.57 feet to a point; 25 thence; 26 9. S01°20'21"W, a distance of 115.31 feet to a point; thence 27 10. N88°35'45"W, a distance of 130.00 feet to a point being the south- 28 east corner of the proposed Verizon Lease Parcel; thence 29 11. N01°25'25"E, a distance of 130.00 feet to a point; thence 30 12. S88°34'35"E, a distance of 90.18 feet to a point of curvature; 31 thence 32 13. Easterly along a curve to the right having a delta angle of 33 35°32'55", a radius of 250.00 feet, and an arc length of 155.11 feet, 34 said curve also having a chord of N80°44'26"E 152.63 feet to a point; 35 thence; 36 14. N03°43'43"E, a distance of 10.03 feet to a point of curvature; 37 thence 38 15. Easterly along a curve to the right having a delta angle of 39 09°39'57", a radius of 260.00 feet, and an arc length of 43.86 feet, 40 said curve also having a chord of S76°50'12"E 43.81 feet to a point; 41 thence; 42 16. S69°34'33"E, a distance of 5.70 feet to a point on the assumed 43 common line of lands now or formerly owned by Kathleen Grimm 44 (T.A.#28.04-1-53.112) to the east and lands now or formerly owned by the 45 Town of Amherst (T.A.#28.04-1-45) to the west; thence 46 17. S07°46'19"E, along the assumed common line, a distance of 9.00 47 feet to a point being the southwest corner of lands now or formerly 48 owned by Kathleen Grimm (T.A.#28.04-1-53.112); thence 49 18. S88°48'15"E, along the assumed south line of lands now or formerly 50 owned by Kathleen Grimm (T.A.#28.04-1-53.112) a distance of 24.09 feet 51 to a point; thence 52 19. S69°34'33"E, a distance of 65.42 feet to a point; thence 53 20. S20°25'27"W, a distance of 10.00 feet to a point; thence 54 21. S69°34'33"E, a distance of 123.09 feet to a point of curvature; 55 thenceS. 3282 3 1 22. Easterly along a curve to the left having a delta angle of 2 57°35'20", a radius of 71.00 feet, and an arc length of 71.36 feet, said 3 curve also having a chord of N81°37'47"E 68.40 feet to a point; thence 4 23. N52°50'06"E, a distance of 72.46 feet to a point of curvature; 5 thence 6 24. Northerly along a curve to the left having a delta angle of 7 29°38'29", a radius of 55.00 feet, and an arc length of 28.45 feet, said 8 curve also having a chord of N38°00'52"E 28.14 feet to a point; thence 9 25. N23°11'38"E, a distance of 82.89 feet to a point of curvature; 10 thence 11 26. Northerly along a curve to the right having a delta angle of 12 09°12'34", a radius of 101.00 feet, and an arc length of 16.23 feet, 13 said curve also having a chord of N27°47'55"E 16.22 feet to a point; 14 thence; 15 27. N47°10'44"W, a distance of 4.57 feet to a point being on the 16 assumed common line of lands now or formerly owned by Charles Herberger 17 (T.A.#28.04-1-52.11) to the west and lands now or formerly owned by the 18 Town of Amherst (T.A.#28.04-1-45) to the east; thence 19 28. N23°11'38"E, along the assumed common line, a distance of 15.93 20 feet to the point and place of beginning. Containing 0.892 acres of 21 land, more or less. 22 § 4. In the event that the town of Amherst received any funding 23 support or assistance from the federal government for the purchase, 24 maintenance, or improvement of the parklands set forth in section three 25 of this act, the discontinuance and alienation of such parklands author- 26 ized by the provisions of this act shall not occur until the town of 27 Amherst has complied with any federal requirements pertaining to the 28 alienation or conversion of parklands, including satisfying the secre- 29 tary of the interior that the alienation or conversion complies with all 30 conditions which the secretary of the interior deems necessary to assure 31 the substitution of other lands shall be equivalent in fair market value 32 and usefulness to the lands being alienated or converted. 33 § 5. This act shall take effect immediately.
