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Farinacci, Phillip

April 9, 2003


APPLICANT: Phillip Farinacci, 2071 Clove Road, Suite 203, Staten Island, NY 10304-1671.

PROJECT: Applicant has applied (Application #2-6404-00879/00001) to the New York State Department of Environmental Conservation ("NYSDEC") for a freshwater wetlands permit to construct a detached two-family house within the adjacent area of NYSDEC regulated Class I Freshwater wetland NA-7 (South Beach). The project is located on the south side of McLaughlin Street, 77.68 feet west of the intersection of Oceanside Avenue and McLaughlin Street, Staten Island, on Richmond County Tax Block 3413, Lot 29.

PERMITS: Freshwater wetlands permit pursuant to 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 663).

SEQRA STATUS: The Regional NYSDEC Staff determined that this action is not subject to SEQRA, it has been identified as a Type II project.

TENTATIVE DETERMINATION: The Regional NYSDEC Staff has made a tentative determination to deny the Project as proposed. Staff concluded that the application fails to meet the standards for permit issuance set forth in 6 NYCRR 663.5(e). In the view of Staff, the project will have undue adverse impacts on the ability of the wetland's area to provide

  • flood and storm control benefits through hydrologic absorption and storage capacity,
  • pollution treatment benefits, and
  • erosion control benefits.

The project could also lead to the loss of wetlands area as a result of changes in water flow and sedimentation patterns.

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 at 10:00 AM on May 8, 2003 at Perkins Restaurant, 1409 Hylan Blvd, Staten Island, NY 10304 (at the corner of Reid Avenue). Written comments regarding this application may also be filed with the Office of Hearings and Mediation Services ("OHMS") at the address indicated below prior to the legislative hearing, or may be filed with the ALJ during the hearing. Equal weight will be given to oral and written comments. Lengthy comments should be submitted in writing. The hearing location is fully 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 identified below, at least seven (7) business days prior to the hearing.

ISSUES CONFERENCE: A pre-hearing issues conference at the same location will be held immediately following the legislative hearing. The known issues are DEC Staff's basis for the tentative determination as set forth above. Other issues may be proposed for adjudication and must be both substantive and significant in accordance with 6 NYCRR §624.4(c). Any persons requesting party status must appear or be represented at the issues conference in order that all proposed issues may be fully discussed. All parties and persons seeking party status must have in attendance all expert witnesses necessary to present their case.

ADJUDICATORY HEARING: An adjudicatory hearing at the same location will immediately follow the issues conference and continue 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 you intend to offer. All filings requesting party status, proposing issues for adjudication or for presenting argument, must be received on or before 4:00 p.m., May 2, 2003 at the Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany NY 12233-1550, attn: P. Nicholas Garlick, ALJ with copies to Udo Drescher, Esq., NYSDEC Region 2, 47-40 21st Street, Long Island City, NY 11101 and Steven Russo, Esq., Sive, Paget & Riesel, 460 Park Avenue, New York, NY 10022. Interpreter services shall be made available to deaf persons that are parties or witnesses pursuant to SAPA, at no charge, upon written request to the ALJ within a reasonable time prior to the hearing.

DOCUMENT AVAILABILITY: All filed documents, the application and other papers are available for inspection at the NYSDEC's Region 2 Office, 47-40 21st Street, Long Island City, NY 11101, attn: Harold Dickey (718) 482-4997 and at the Office of Hearings and Mediation Services, telephone (518) 402-9003.

STATUTORY AND REGULATORY PROVISIONS: The application is processed and this proceeding is conducted according to the ECL Article 3 (General Functions), Article 8 (Environmental Quality Review, "SEQR"), Article 24 (Freshwater Wetlands) and Article 70 (Uniform Procedures); and also 6 NYCRR, Part 617 (SEQR) Part 621 (Uniform Procedures), Part 624 (Permit Hearings), and Part 663 (Freshwater Wetlands).

James T. McClymonds
Chief Administrative Law Judge

April 9, 2003
Albany, NY

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