If It Walks Like A Duck

This legal concept basically says that if it's used as a park, it's a park.

Improvements consisting of public ski trails, ski practice slopes, ski tows, toboggan slides, bob runs, bridle paths and winter sports facilities constitute public parks or playgrounds.30 Bicycle paths have been considered park facilities.31 An abandoned right of way used as a recreational trail constitutes a park facility.32

Authorities have taken differing views when it comes to golf courses. One court described a golf course as a place for pleasure, recreation, athletics and amusement, as well as (in some instances) a place for health, education and instruction.33

The Office of the State Comptroller has opined that the purposes served by a municipally owned golf course are so quintessentially those of a park that it is difficult to conceive of another separate and distinct purpose which could be served by the ownership of a golf course.34

From:

New York Municipal Insurance Reciprocal

Recreation & Risk

If someone got hurt in the "paper street", mishap would have been covered by town insurance.

Click Here

See Page 5

http://www.lcdservices.biz/ptfl_graphicdesign/NYMIR_RecreationRisk.pdf

Included on the CD-ROM are images and a video showing parcel being used as a memorial park. If a parcel is used as a park, then it is a park. Under the law, the use of a parcel is more important than its zoning.