The State Legislature Monday approved the Town of Hamburg's request to allow Sprint Spectrum to build a communications tower on town land.
"If this wasn't passed by April 1, they had another option," Supervisor Patrick H. Hoak said.
Sprint had given the town a deadline of Wednesday for obtaining the necessary approvals, or the company planned to build a 195-foot tower near homes on Pleasant Avenue.
"We're pretty much on the way to the governor's office," Assemblyman Richard A. Smith, D-Hamburg, said following the Assembly's passage of the bill about 7 p.m. Monday.
Sen. Dale M. Volker, R-Depew, sponsored the measure in the Senate, which approved it earlier Monday.
The tower, which will be Sprint's third in the town, is planned for a 100-foot by 100-foot parcel of land to the rear of the Nike recreation center on Lakeview Road. It is to be slightly higher than 200 feet.
State approval was necessary because recreation land would be leased to Sprint for a commercial venture.
The town is swapping a similar sized parcel that had been donated to the town previously so there will be no net loss of park land, Councilman D. Mark Cavalcoli said.
"We incorporated that land into recreation park land," he said.
Under the state legislation, if Sprint ever discontinues use of the land, it will revert to park use, Smith said. Also the lease money, in the range of $9,000 per year, is to go toward recreation, he said.
"My bill not only preserves the serenity of local neighborhoods, it also makes sure that no park land is lost due to the tower's relocation," Smith said.
Sprint had pursued the Nike base location, which it named the tree farm site, and property on Pleasant Avenue owned by Barry and Elizabeth Hogan, concurrently. Both were within the area it needed for its last tower in the town, company officials said.
The company already has built towers at Hopevale and behind Newton-Abbott Fire Hall.