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Jescar Associates, Inc. (Joseph Borg)

May 19, 2003


APPLICANT: Joseph Borg for Jescar Associates, Inc., 3835 Richmond Avenue, Staten Island, NY 10312.

PROJECT APPLICATION NUMBER: NYSDEC Freshwater Wetlands Application Nos. 2-6404-00781/00001.

PROJECT AND LOCATION: The Applicant has made an application for a freshwater wetlands permit to construct eight semi-attached residential units with sanitary connections and install paving, utilities and landscaping for these units on a 0.895-acre parcel. The project site is located in the Dongan Hills section of Staten Island at the northeastern side of Stobe Avenue between Husson and Vera Streets, Staten Island, New York 10306 (also identified as 179, 181, 183, 185, 187, 189, 193 Stobe Avenue; or Richmond County Tax Block 3550, Lots 1, 11 and 54). A portion of the proposed project would be constructed within the regulated adjacent area of Freshwater Wetland NA-8 (Last Chance Pond).

TENTATIVE STAFF POSITION: The Staff of the Department of Environmental Conservation (DEC Staff) tentatively determined that the project meets the regulatory standards for the issuance of a freshwater wetlands permit, provided certain conditions are met. These conditions, which include the preservation of the wetland area and of a band of naturally vegetated adjacent area on the applicant's property through restrictive covenant, are set forth in a draft permit filed on May 19, 2003, and is available for review (see below: Document Availability).

SEQRA STATUS: The DEC Staff deemed this application complete on December 2, 2002. For the purposes of compliance with the State Environmental Quality Review Act ("SEQRA"), the project has been identified as an Unlisted Action. A negative declaration was issued on December 2, 2002.

PERMITS REQUIRED AND STATUTORY AND REGULATORY PROVISIONS: Pursuant to Environmental Conservation Law (ECL) Article 24 (Freshwater Wetlands) and the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Part 663 (Freshwater Wetlands Permit Requirements), the Applicant has filed an application for a freshwater wetlands permit. The application was filed, and is being processed, pursuant to ECL Article 3, Title 3 (General Functions), Article 70 (Uniform Procedures) and Article 8 (SEQRA), as well as 6 NYCRR Part 621 (Uniform Procedures), Part 617 (SEQRA) and Part 624 (Permit Hearing Procedures).

Separately, the Applicant requires permits issued by the City of New York Department of Buildings and the City of New York Department of Environmental Protection.

PUBLIC HEARING: All persons who may be affected by the proposed project are invited to comment on the application. Pursuant to 6 NYCRR 624.4(a), a legislative hearing to receive oral comments will be held on June 16, 2003 at 7:00 P.M., at the JOHN C. THOMPSON Public Elementary School No. 52, 450 Buel Avenue, Staten Island, New York 10305. It is not necessary to file in advance to speak at this hearing. In lieu of oral comments, written statements may also be submitted either by mail or at the hearing. Mailed written statements must be received by the assigned Administrative Law Judge (ALJ), at the address given below, by June 16, 2003. Written statements will be considered equally with oral comments made at the legislative hearing.

The location of the legislative hearing is reasonably accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons, at no charge, upon written request to the ALJ at least 10 days before the hearing.

ISSUES CONFERENCE: Pursuant to 6 NYCRR 624.4(b), a pre-adjudicatory hearing Issues Conference will be held on June 17, 2003 at 9:00 A.M., at the Labetti Veterans of Foreign War Post, 390 Hylan Boulevard, Staten Island, New York 10305, to determine party status for any person who has properly filed an application for party status (as indicated below), and to narrow and define the scope of issues, if any, which will require adjudication. Participation at the Issues Conference will be limited to DEC Staff, the Applicant, and those persons requesting party status. If issues are identified by the ALJ, an Adjudicatory Hearing on these issues may immediately commence following the Issues Conference, and will be adjourned to subsequent dates, if necessary. All participants must have their witnesses and any documentary evidence available for presentation on June 17, 2003. If there are no filings for party status, or if any filed objections are withdrawn and all issues resolved to the satisfaction of all participants, the Issues Conference will be canceled, as will any adjudicatory hearing.

FILING FOR PARTY STATUS: Persons seeking to participate in the Issues Conference and any subsequent adjudicatory hearing must file a petition (a written statement) explaining whether the request is for full party status or amicus status. For the required contents of petitions for full party status see 6 NYCRR 624.5(b)(1 and 2). In addition, petitions must identify a contact person, address, telephone number and facsimile number for the petitioner. To determine whether an issue is substantive, see 6 NYCRR 624.4(c)(2), and to determine whether an issue is significant, see 6 NYCRR 624.4(c)(3). For the required contents of a petition seeking amicus status, see 6 NYCRR 624.5(b) (1 and 3).

All filings for party status must be received at the Department's Office of Hearings and Mediation Services by June 9, 2003. Send filings to: Kevin J. Casutto, Administrative Law Judge, Office of Hearings and Mediation Services, New York State Department of Environmental Conservation, 625 Broadway, First Floor, Albany, New York 12233-1550, [telephone: (518) 402-9003]. Petitions sent by facsimile transmission will not be accepted. Send copies at the same time and in the same manner to Udo Drescher, Assistant Regional Attorney, Department of Environmental Conservation, Region 2 Office, 47-40 21st Street, Long Island City, New York 11101-5401 [telephone: (718) 482-4965]; and to the Applicant's Attorney, Michael Zarrin, Esq., Zarrin & Steinmetz, 81 Main Street [Suite 415], White Plains, New York 10601, [telephone: (914) 682-7800].

DOCUMENT AVAILABILITY: All filed documents, including the permit application and draft permit, are available for public review at the offices of the assigned ALJ and at the Department's Region 2 Office, at the addresses provided above [Region 2 contact: Harold J. Dickey, Division of Environmental Permits]. In addition, these documents are available for review at the Dongan Hills Branch Library, 1617 Richmond Road, Staten Island, New York 10304 [contact: Mary Pyrak, Branch Librarian].

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
May 19, 2003

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