BILL NUMBER: S3282A
SPONSOR: RYAN S
TITLE OF BILL:
An act in relation to authorizing the discontinuance of certain park-
lands in the town of Amherst, county of Erie
PURPOSE OR GENERAL IDEA OF BILL:
To authorize the Town of Amherst, located in Erie County, to discontinue
the use of certain lands as parkland and to lease such lands for the
placement and operation of a wireless communications tower.
SUMMARY OF PROVISIONS:
Section 1: authorizes the Town of Amherst to discontinue as parklands
and lease certain land as described in Section 3 for the placement and
operation of a wireless communication tower for a term not to exceed 30
years.
Section 2: provides that authorization of this bill is subject to the
requirement that the town dedicate an amount equal to or greater than
fair market value of the parklands being alienated pursuant to section
one of this act towards the acquisition of new parklands and/or capital
improvements to existing park and recreational facilities.
Section 4: provides that if the lands described in section 3 cease to be
used for the purposes described in section 1, the lease shall terminate,
and the lands shall revert back to the Town of Amherst for public park
and recreational purposes.
Section 3: lists the boundaries of the lands to be discontinued as park-
lands.
Section 5: provides that in the event the Town of Amherst received any
federal funding for the purchase, maintenance or improvement of the
parklands described in section 3, alienation shall not occur until the
town has complied with any federal requirements.
Section 6: effective date
JUSTIFICATION:
On September 16, 2024, the Amherst Town Board granted permission to Bell
Atlantic Mobile Systems, LLC d/b/a Verizon Wireless to file a special
use permit with the Amherst Zoning Board of Appeals to obtain permission
to construct a 115 foot tall Wireless Communication Tower on Town owned
land at 1265 Smith Road. The parcel is designated as "Parkland" and is
constrained by jurisdictional wetlands and has remained vacant since its
donation to the Town.
The Town of Amherst seeks to "Alienate" a portion of the parcel for it
to lease such area to Verizon Wireless for the construction of its wire-
less communications facility. Verizon's feasibility study has demon-
strated that the subject Town owned land will meet its radio frequency
coverage and capacity needs for a serious gap in radio service coverage
for a portion of northeast Amherst. The Town of Amherst is aware of a
gap in cellular communications in portions of East Amherst, as its resi-
dents have expressed concern for lack of communications in emergencies,
particularly for those residents which no longer have land lines for
telephone communications.
On October 16, 2024 the Town of Amherst Zoning Board of Appeals granted
a Special Use Permit and necessary waivers to permit the construction of
Verizon's telecommunications facility. The alienation process requires
the approval of the New York State Legislature and the designation of
alternative parcels as "Parkland" or the improvement of existing recre-
ation facilities in a capital amount equal to the value of the alienated
parcel.
Land owned by the Town of Amherst of equivalent recreational suitability
and value located at 70 Tupelo Lane, a recent Town acquisition for a
proposed neighborhood park, will be substituted as parkland in its place
or capital improvements to an existing recreation facility in the amount
of the parcel's value will be made.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Financial impact will be positive in the form of a negotiated lease
payment to the Town of Amherst from Verizon Wireless.
EFFECTIVE DATE:
This act shall take effect immediately.