NY State Assembly Bill 2025-A4030A

Assembly Bill A4030A

2025-2026 Legislative Session

Authorizes the discontinuance of certain parklands in the town of Amherst, county of Erie

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Current Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2025	referred to rules delivered to senate passed assembly home rule request ordered to third reading rules cal.496 rules report cal.496 reported
Jun 06, 2025	reported referred to rules
Jun 05, 2025	reported referred to ways and means
Mar 10, 2025	print number 4030a
Mar 10, 2025	amend (t) and recommit to local governments
Jan 30, 2025	referred to local governments

Bill Amendments

Original

A (Active)

2025-A4030 - Details

See Senate Version of this Bill:: S3282
Current Committee:: Senate Rules
Law Section:: Parks

2025-A4030 - Summary

Authorizes the discontinuance 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.

2025-A4030 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4030
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by M. of A. McMAHON -- read once and referred to the Commit-
   tee on Local Governments
 
 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:

   Section 1. Subject to the provisions of this act, the town of Amherst,
 county  of Erie, is hereby authorized, acting by and through its govern-
 ing body, and upon such terms  and  conditions  as  determined  by  such
 governing body, to discontinue the use as parklands and alienate, and to
 lease  at  fair  market value to Bell Atlantic Mobile Systems, LLC d/b/a
 Verizon Wireless the lands described in section three of  this  act  for
 the  placement  and operation of a wireless communications tower and any
 related equipment or facilities.
   § 2. The authorization contained in section one of this act shall only
 be effective on the condition that  the  town  of  Amherst  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 recre-
 ational facilities.
   § 3. The parklands authorized by section one of this act to be discon-
 tinued as parkland is described as follows:
   All that tract or parcel of land situate in the Town of Amherst, Coun-
 ty of Erie, State of New York, all as shown on a  map  entitled  "Sworm-
 ville  Survey  Plan",  prepared  by  Costich Engineering, D.P.C., having
 drawing number 8997, sheet number  VA101,  last  dated  11/25/2024,  and
 being more particularly bounded and described as follows:
   Commencing  at  a 0.75" pipe found on the assumed common line of lands
 now or formerly owned by Charles Herberger (T.A.#28.04-1-52.11)  to  the
 west   and   lands  now  or  formerly  owned  by  the  Town  of  Amherst
 (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.
                                                            LBD06775-01-5

 A. 4030                             2
 
 southerly  right  of  way  line  of  Smith  Street-County Route 297 (66'
 R.O.W.); thence
   1.  S47°10'44"E,  along  the assumed southerly bounds of Smith Street-
 County Route 297, a distance of 38.33 feet  to  a  point  of  curvature;
 thence
   2.  Southerly  along  a  curve  to  the  left  having a delta angle of
 16°59'34", a radius of 71.00 feet, and an arc length of 21.06 feet, said
 curve also having a chord of S31°41'25"W 20.98 feet to a point; thence
   3. S23°11'38"W, a distance of 82.89 feet  to  a  point  of  curvature;
 thence
   4.  Southerly  along  a  curve  to  the  right having a delta angle of
 29°38'29", a radius of 85.00 feet, and an arc length of 43.97 feet, said
 curve also having a chord of S38°00'52"W 43.49 feet to a point; thence
   5. S52°50'06"W, a distance of 72.46 feet  to  a  point  of  curvature;
 thence
   6.  Westerly  along  a  curve  to  the  right  having a delta angle of
 57°35'20", a radius of 101.00 feet, and an arc length  of  101.52  feet,
 said  curve  also  having  a chord of S81°37'47"W 97.30 feet to a point;
 thence
   7. N69°34'33"W, a distance of 220.32 feet to  a  point  of  curvature;
 thence
   8.  Westerly  along  a  curve  to  the  left  having  a delta angle of
 37°32'16", a radius of 220.00 feet, and an arc length  of  144.13  feet,
 said  curve  also  having a chord of S89°00'57"W 141.57 feet to a point;
 thence;
   9. S01°20'21"W, a distance of 115.31 feet to a point; thence
   10. N88°35'45"W, a distance of 130.00 feet to a point being the south-
 east corner of the proposed Verizon Lease Parcel; thence
   11. N01°25'25"E, a distance of 130.00 feet to a point; thence
   12. S88°34'35"E, a distance of 90.18 feet to  a  point  of  curvature;
 thence
   13.  Easterly  along  a  curve  to  the  right having a delta angle of
 35°32'55", a radius of 250.00 feet, and an arc length  of  155.11  feet,
 said  curve  also  having a chord of N80°44'26"E 152.63 feet to a point;
 thence;
   14. N03°43'43"E, a distance of 10.03 feet to  a  point  of  curvature;
 thence
   15.  Easterly  along  a  curve  to  the  right having a delta angle of
 09°39'57", a radius of 260.00 feet, and an arc  length  of  43.86  feet,
 said  curve  also  having  a chord of S76°50'12"E 43.81 feet to a point;
 thence;
   16. S69°34'33"E, a distance of 5.70 feet to a  point  on  the  assumed
 common   line   of  lands  now  or  formerly  owned  by  Kathleen  Grimm
 (T.A.#28.04-1-53.112) to the east and lands now or formerly owned by the
 Town of Amherst (T.A.#28.04-1-45) to the west; thence
   17. S07°46'19"E, along the assumed common line,  a  distance  of  9.00
 feet  to  a  point  being  the southwest corner of lands now or formerly
 owned by Kathleen Grimm (T.A.#28.04-1-53.112); thence
   18. S88°48'15"E, along the assumed south line of lands now or formerly
 owned by Kathleen Grimm (T.A.#28.04-1-53.112) a distance of  24.09  feet
 to a point; thence
   19. S69°34'33"E, a distance of 65.42 feet to a point; thence
   20. S20°25'27"W, a distance of 10.00 feet to a point; thence
   21.  S69°34'33"E,  a  distance of 123.09 feet to a point of curvature;
 thence
 A. 4030                             3
 
   22. Easterly along a curve  to  the  left  having  a  delta  angle  of
 57°35'20", a radius of 71.00 feet, and an arc length of 71.36 feet, said
 curve also having a chord of N81°37'47"E 68.40 feet to a point; thence
   23.  N52°50'06"E,  a  distance  of 72.46 feet to a point of curvature;
 thence
   24. Northerly along a curve to  the  left  having  a  delta  angle  of
 29°38'29", a radius of 55.00 feet, and an arc length of 28.45 feet, said
 curve also having a chord of N38°00'52"E 28.14 feet to a point; thence
   25.  N23°11'38"E,  a  distance  of 82.89 feet to a point of curvature;
 thence
   26. Northerly along a curve to the  right  having  a  delta  angle  of
 09°12'34",  a  radius  of  101.00 feet, and an arc length of 16.23 feet,
 said curve also having a chord of N27°47'55"E 16.22  feet  to  a  point;
 thence;
   27.  N47°10'44"W,  a  distance  of  4.57  feet to a point being on the
 assumed common line of lands now or formerly owned by Charles  Herberger
 (T.A.#28.04-1-52.11)  to the west and lands now or formerly owned by the
 Town of Amherst (T.A.#28.04-1-45) to the east; thence
   28. N23°11'38"E, along the assumed common line, a  distance  of  15.93
 feet  to  the  point  and  place of beginning. Containing 0.892 acres of
 land, more or less.
   § 4. In the event that  the  town  of  Amherst  received  any  funding
 support  or  assistance  from  the  federal government for the purchase,
 maintenance, or improvement of the parklands set forth in section  three
 of this act, the discontinuance and alienation of such parklands author-
 ized  by  the  provisions  of this act shall not occur until the town of
 Amherst has complied with any federal  requirements  pertaining  to  the
 alienation  or  conversion of parklands, including satisfying the secre-
 tary of the interior that the alienation or conversion complies with all
 conditions which the secretary of the interior deems necessary to assure
 the substitution of other lands shall be equivalent in fair market value
 and usefulness to the lands being alienated or converted.
   § 5. This act shall take effect immediately.

2025-A4030A (ACTIVE) - Details

See Senate Version of this Bill:: S3282
Current Committee:: Senate Rules
Law Section:: Parks

2025-A4030A (ACTIVE) - Summary

2025-A4030A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4030--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by M. of A. McMAHON -- read once and referred to the Commit-
   tee on  Local  Governments  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  in  relation to authorizing the discontinuance of certain park-
   lands 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:
 
   Section 1. Subject to the provisions of this act, the town of Amherst,
 county  of Erie, is hereby authorized, acting by and through its govern-
 ing body, and upon such terms  and  conditions  as  determined  by  such
 governing  body, to discontinue as parklands and to lease at fair market
 value to Bell Atlantic Mobile Systems, LLC d/b/a Verizon Wireless for  a
 term not to exceed thirty years the lands more particularly described in
 section  three of this act for the placement and operation of a wireless
 communications tower.
   § 2. The authorization contained in section one of this act shall only
 be effective on the condition that the town of Amherst, county of  Erie,
 dedicate  the  proceeds  from  the  lease towards the acquisition of new
 parklands and/or capital improvements to existing park and  recreational
 facilities.
   § 3. The parklands authorized by section one of this act to be discon-
 tinued as parkland are described as follows:
   All that tract or parcel of land situate in the Town of Amherst, Coun-
 ty  of  Erie,  State of New York, all as shown on a map entitled "Sworm-
 ville Survey Plan", prepared  by  Costich  Engineering,  D.P.C.,  having
 drawing  number  8997,  sheet  number  VA101, last dated 11/25/2024, and
 being more particularly bounded and described as follows:
   Commencing at a 0.75" pipe found on the assumed common line  of  lands
 now  or  formerly owned by Charles Herberger (T.A.#28.04-1-52.11) to the
 west  and  lands  now  or  formerly  owned  by  the  Town   of   Amherst
 (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.
                                                            LBD06775-04-5

 A. 4030--A                          2
 
 southerly right of way  line  of  Smith  Street-County  Route  297  (66'
 R.O.W.); thence
   1.  S47°10'44"E,  along  the assumed southerly bounds of Smith Street-
 County Route 297, a distance of 38.33 feet  to  a  point  of  curvature;
 thence
   2.  Southerly  along  a  curve  to  the  left  having a delta angle of
 16°59'34", a radius of 71.00 feet, and an arc length of 21.06 feet, said
 curve also having a chord of S31°41'25"W 20.98 feet to a point; thence
   3. S23°11'38"W, a distance of 82.89 feet  to  a  point  of  curvature;
 thence
   4.  Southerly  along  a  curve  to  the  right having a delta angle of
 29°38'29", a radius of 85.00 feet, and an arc length of 43.97 feet, said
 curve also having a chord of S38°00'52"W 43.49 feet to a point; thence
   5. S52°50'06"W, a distance of 72.46 feet  to  a  point  of  curvature;
 thence
   6.  Westerly  along  a  curve  to  the  right  having a delta angle of
 57°35'20", a radius of 101.00 feet, and an arc length  of  101.52  feet,
 said  curve  also  having  a chord of S81°37'47"W 97.30 feet to a point;
 thence
   7. N69°34'33"W, a distance of 220.32 feet to  a  point  of  curvature;
 thence
   8.  Westerly  along  a  curve  to  the  left  having  a delta angle of
 37°32'16", a radius of 220.00 feet, and an arc length  of  144.13  feet,
 said  curve  also  having a chord of S89°00'57"W 141.57 feet to a point;
 thence;
   9. S01°20'21"W, a distance of 115.31 feet to a point; thence
   10. N88°35'45"W, a distance of 130.00 feet to a point being the south-
 east corner of the proposed Verizon Lease Parcel; thence
   11. N01°25'25"E, a distance of 130.00 feet to a point; thence
   12. S88°34'35"E, a distance of 90.18 feet to  a  point  of  curvature;
 thence
   13.  Easterly  along  a  curve  to  the  right having a delta angle of
 35°32'55", a radius of 250.00 feet, and an arc length  of  155.11  feet,
 said  curve  also  having a chord of N80°44'26"E 152.63 feet to a point;
 thence;
   14. N03°43'43"E, a distance of 10.03 feet to  a  point  of  curvature;
 thence
   15.  Easterly  along  a  curve  to  the  right having a delta angle of
 09°39'57", a radius of 260.00 feet, and an arc  length  of  43.86  feet,
 said  curve  also  having  a chord of S76°50'12"E 43.81 feet to a point;
 thence;
   16. S69°34'33"E, a distance of 5.70 feet to a  point  on  the  assumed
 common   line   of  lands  now  or  formerly  owned  by  Kathleen  Grimm
 (T.A.#28.04-1-53.112) to the east and lands now or formerly owned by the
 Town of Amherst (T.A.#28.04-1-45) to the west; thence
   17. S07°46'19"E, along the assumed common line,  a  distance  of  9.00
 feet  to  a  point  being  the southwest corner of lands now or formerly
 owned by Kathleen Grimm (T.A.#28.04-1-53.112); thence
   18. S88°48'15"E, along the assumed south line of lands now or formerly
 owned by Kathleen Grimm (T.A.#28.04-1-53.112) a distance of  24.09  feet
 to a point; thence
   19. S69°34'33"E, a distance of 65.42 feet to a point; thence
   20. S20°25'27"W, a distance of 10.00 feet to a point; thence
   21.  S69°34'33"E,  a  distance of 123.09 feet to a point of curvature;
 thence
 A. 4030--A                          3
 
   22. Easterly along a curve  to  the  left  having  a  delta  angle  of
 57°35'20", a radius of 71.00 feet, and an arc length of 71.36 feet, said
 curve also having a chord of N81°37'47"E 68.40 feet to a point; thence
   23.  N52°50'06"E,  a  distance  of 72.46 feet to a point of curvature;
 thence
   24. Northerly along a curve to  the  left  having  a  delta  angle  of
 29°38'29", a radius of 55.00 feet, and an arc length of 28.45 feet, said
 curve also having a chord of N38°00'52"E 28.14 feet to a point; thence
   25.  N23°11'38"E,  a  distance  of 82.89 feet to a point of curvature;
 thence
   26. Northerly along a curve to the  right  having  a  delta  angle  of
 09°12'34",  a  radius  of  101.00 feet, and an arc length of 16.23 feet,
 said curve also having a chord of N27°47'55"E 16.22  feet  to  a  point;
 thence;
   27.  N47°10'44"W,  a  distance  of  4.57  feet to a point being on the
 assumed common line of lands now or formerly owned by Charles  Herberger
 (T.A.#28.04-1-52.11)  to the west and lands now or formerly owned by the
 Town of Amherst (T.A.#28.04-1-45) to the east; thence
   28. N23°11'38"E, along the assumed common line, a  distance  of  15.93
 feet  to  the  point  and  place of beginning. Containing 0.892 acres of
 land, more or less.
   § 4.  Should the lands described in section three of this act cease to
 be used for the purposes described in section one of this act, the lease
 shall terminate and those lands shall revert to the town of Amherst  for
 public  park  and  recreational purposes. At the time of such reversion,
 the removal of such wireless communication tower shall  take  place  and
 the  property  shall  be returned to its previous state, consistent with
 park and recreational purposes.
   § 5.   In the event that the town  of  Amherst  received  any  funding
 support  or  assistance  from  the  federal government for the purchase,
 maintenance, or improvement of the parklands set forth in section  three
 of this act, the discontinuance and alienation of such parklands author-
 ized  by  the  provisions  of this act shall not occur until the town of
 Amherst has complied with any federal  requirements  pertaining  to  the
 alienation  or  conversion of parklands, including satisfying the secre-
 tary of the interior that the alienation or conversion complies with all
 conditions which the secretary of the interior deems necessary to assure
 the substitution of other lands shall be equivalent in fair market value
 and usefulness to the lands being alienated or converted.
   § 6. This act shall take effect immediately.

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