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Hanrahan, Neil and Barbara Mato

August 12, 2005



APPLICANTS: Neil Hanrahan and Barbara Mato, P.O. Box 883, Westhampton, N.Y. 11978

PROJECT: Applicant has applied (Application # -1-4736/05617/00002) to the New York State Department of Environmental Conservation ("Department") for a tidal wetlands permit to re-pile and relocate an existing single family dwelling at 346 Dune Road, Westhampton Beach, six feet north of the existing dwelling location and construct a second story addition, two-story extension and deck, raise and relocate the existing catwalk and deck, install a sanitary system with retaining wall and place 390 cubic yards of fill. The proposed deck, dwelling and addition are 25 feet and 30 feet from the tidal wetland boundary respectively. The proposed sanitary system will be located three feet from the tidal wetland boundary rather than the required minimum 100 foot setback. By Notice dated January 11, 2005 the Department denied the permit application. A request for hearing was filed on behalf of the applicants on January 20, 2005.

PARTIES' POSITIONS: Department Staff has notified applicants that a setback variance is required pursuant to 6 NYCRR 661. Applicants contend that a variance is not required as the proposed project consists of the reconstruction of a pre-existing house and sanitary system and pursuant to 6NYCRR661.11(b), no variance is required.

PERMIT: Tidal wetlands permit pursuant to Environmental Conservation Law (ECL) article 25 and Part 661 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR 661).

SEQRA STATUS: The Department Staff determined that this action is not subject to SEQRA, it has been identified as a Type II project, replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site.

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 September 12, 2005 at 10:00 AM at Westhampton Village Hall, 92 Sunset Avenue, Westhampton, New York. 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.

ISSUES CONFERENCE: A pre-hearing issues conference at the same location will be held immediately following the legislative hearing. The known issues are Staff's' basis for the denial. 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 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 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. on August 30, 2005 at the Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany NY 12233-1550, attn: Molly T. McBride, ALJ with copies to both the Applicants at the address given above and the Region 1 Staff at the address given below. 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 Department's Region 1 Office, Building 40 SUNY, Stony Brook NY 11790-2356 Attn: Darleen Gerbino, Environmental Analyst Phone (631) 444-0404 and at the Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233, 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 25 (Tidal 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 661 (Tidal Wetlands).

Chief Administrative Law Judge

August 12, 2005
Albany, NY

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