Department of Environmental Conservation

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DePierro, Richard

April 1, 2002


Applicant: Richard DePierro, P.O. Box 35, Sag Harbor, New York 11963.

Applicant's Agent: Lawrence J. Koncelik, Jr., 10 Gingerbread Lane, East Hampton, New York 11937.

Project: Applicant has applied (Application # -1-4736-05031/00001) to the New York State Department of Environmental Conservation ("Department") for a freshwater wetlands permit to construct a dwelling, sanitary system and driveway, and to place and grade one hundred twenty (120) cubic yards of fill. The Applicant proposes this at a site owned by the Applicant at e/s Suffolk Street SCTM #903-7-2-32.3, Sag Harbor, Southampton Town, County of Suffolk, New York. A Notice of Complete Application was published on November 7, 2001 in the Department's Environmental Notice Bulletin, and on November 8, 2001 in the Southampton Press. The Department's Division of Environmental Permits reviewed the application and issued a denial of the application with notification to the Applicant by letter dated December 4, 2001, based upon the Department's determination that the proposed activity would have undue adverse impacts on the present and potential values of the freshwater wetlands. On December 24, 2001, the Applicant requested a hearing on the denial.

Permits: Freshwater wetlands permit pursuant to the New York State Environmental Conservation Law (ECL) Article 24 and Part 663 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR Part 663).

SEQRA Status: The Department Staff determined that this is a Type II action, pursuant to 6 NYCRR Section 617.5(c)(9)(10): the construction of a single family residence and accessory/appurtenant residential structures.

Public Hearing: All persons, organizations, corporations or government agencies which may be affected by the project are invited to comment on the application. For this purpose, a legislative hearing to receive your comments will be held on Thursday, May 23, 2002 at 10:00 AM at the North Haven Village Hall, 355 Ferry Road, North Haven, New York 11936. This location is reasonably accessible to persons with a mobility impairment. Written comments will also be received prior to the legislative hearing at the Office of Hearings and Mediation Services at the address listed below. If necessary, the hearing will continue on Friday, May 24, 2002.

Issues Conference: A pre-hearing issues conference at the same location will be held immediately following the legislative hearing. The known issues include Staff's basis for the denial of the application. Other issues may be proposed for adjudication and must be both substantive and significant in accordance with 6 NYCRR §624.4(c).

Adjudicatory Hearing: An adjudicatory hearing at the same location would immediately follow the issues conference, if it is determined that there is/are adjudicable issue(s), and continue from day to day thereafter if necessary.

Party Status: All filings requesting party status must be according to the criteria outlined in 6 NYCRR §624.5 (Hearing Participation), including an explanation of interest and description of the facts to be offered. All filings requesting party status, proposing issues for adjudication or for presenting argument, must be received on or before May 15, 2002 at the Office of Hearings and Mediation Services, New York State Department of Environmental Conservation, 625 Broadway, First Floor, Albany NY 12233-1550, attn: Maria E. Villa, Administrative Law Judge, with copies to both the Applicant's Agent at the address given above and to Vernon Rail, Esq., Assistant Regional Attorney, at the Department's Region 1 office, Building 40, SUNY Stony Brook, New York 11790-2356.

Pursuant to the State Administrative Procedure Act ("SAPA"), interpreter services shall be made available to deaf persons that are parties or witnesses, at no charge, upon written request to the Administrative Law Judge within a reasonable time prior to the hearing.

Document Availability: All filed documents, the application and other papers are available for inspection at the Department's Region 1 Office, Building 40, SUNY Stony Brook, New York 11790-2356, Attn: Laura J. Scovazzo, Permit Analyst, telephone 631-444-0365, and at the Office of Hearings and Mediation Services, telephone 518-402-9003.

A copy of 6 NYCRR Part 624 may be obtained from the Office of Hearings and Mediation Services.

Statutory and Regulatory Provisions: The applications are processed and this proceeding is conducted according to the Environmental Conservation Law ("ECL") Article 3 (General Functions), Article 8 (Environmental Quality Review, "SEQR"), Article 24 (Freshwater Wetlands) and Article 70 (Uniform Procedures); and also Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR"), Part 617 (SEQR), Part 621 (Uniform Procedures), Part 624 (Permit Hearings), and Part 663 (Freshwater Wetlands).

Daniel E. Louis
Chief Administrative Law Judge

April 1, 2002
Albany, NY

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