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Kapusinski, George

May 10, 2004

NEW YORK STATE
LAKE GEORGE PARK COMMISSION
NOTICE OF PUBLIC HEARING

APPLICANTS and APPLICATION NUMBERS: For Application No. 5324-2-97, the Applicants are Albert T. Kapusinski and E. Michael Growney as Executors of the Estate of Margaret Eichler. For Application No. 5324-3-97, the Applicants are Albert T., Albert J. and George Kapusinski. Collectively, the Applicants commonly refer to their business as Hulett's-on-Lake-George, 1 Margo Lane, Huletts Landing, New York 12841. Contact: George Kapusinski.

NOTICE OF COMPLETE APPLICATION: Issued on February 13, 1997. Subsequently, a second Notice of Complete Application was reissued on September 18, 2003.

PROJECT DESCRIPTION AND LOCATION: With respect to the first application (5324-2-97), Applicant proposes to continue to operate as a Class A Marina offering 31 seasonal berthing slips on 10 docks, and a public launch. Activities have been ongoing since 1953 (Parcels 26.08-1-5 &26.08-6-1).

With respect to the second application (5324-3-97), Applicant proposes to continue to operate as a Class A Marina offering 9 seasonal berth slips on 2 docks. These docks were registered in 1981. Activities have been ongoing since 1953 (23.20-1-2.1).

The applications have been reviewed concurrently. The marinas are located at Huletts Landing on Lake George in the Town of Dresden, Washington County.

TENTATIVE COMMISSION POSITION: At its meeting on October 28, 2003, the Lake George Park Commission determined that the requested applications would not meet the applicable regulatory requirements. In resolution #2003-74, the Commission tentatively denied the applications.

STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) STATUS: For this Unlisted action the Lake George Park Commission, as lead agency, determined that Applicant's proposal is a Type II action (see 6 NYCRR 617.5[c][34]).

PERMITS REQUIRED AND STATUTORY AND REGULATORY PROVISIONS: Applicant has filed applications for permits to continue operating Class A Marinas pursuant to Environmental Conservation Law (ECL) article 43 (Lake George Park Commission), as well as the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) subpart 646-1 (Dock, Wharfs, Moorings and Marinas). The application was filed and is being processed pursuant to ECL article 43 (Lake George Park Commission), article 8 (SEQRA), as well as 6 NYCRR subpart 645-3 (SEQR), subpart 654-5 (Permit Application Requirements), and subpart 645-6 (Permit Hearing Procedures).

ISSUES CONFERENCE: Pursuant to 6 NYCRR 645-6.6, an issues conference will be held at 10:00 a.m. on June 10 and 11, 2004 at the Dresden Town Hall, 102 Clemons Center Road, Clemons, New York 12819 to determine party status for any person who has properly filed a petition (as outlined 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 the Lake George Park Commission Staff, Applicant, and those interested persons who have requested party status.

FILING FOR PARTY STATUS: Persons seeking to participate in the Issues Conference and any subsequent adjudicatory hearing must file a petition (a written statement). The requirements are outline at 6 NYCRR 645-6.4(b). The petition must include the person's grounds of support or opposition to the proposal, including a demonstration of the social, economic or environmental interests of the person which are likely to be affected by the proposal. In addition, the petition must include a summary of the nature of the argument and evidence with the person intends to present, and any other matter believed relevant. Subsequently, the Administrative Law Judge will determine what proposed issues are substantive and significant, and advise the parties accordingly (see 6 NYCRR 645-6.6[c]).

All filings for party status must be received at the Department's Office of Hearings and Mediation Services by June 4, 2004. Send them to: Daniel P. O'Connell, Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, First Floor, 625 Broadway, Albany, New York 12233-1550, [telephone: 518- 402-9003]. Telefaxed petitions will not be accepted. Send copies at the same time and in the same manner to Robert H. Feller, Esq., Bond Schoenick & King, PLLC, counsel for the Lake George Park Commission, 111 Washington Avenue, Albany, New York 12210-2211 (Telephone: 518-533-3000); and to Applicant's attorney, Christopher E. Buckey, Esq., Shanley, Sweeney, Reilly & Allen, P.C., 10 Thurlow Terrace, Albany, New York 12203 (Telephone: 518-463-1415).

DOCUMENT AVAILABILITY: All filed documents, including the permit application, are available for public review at the offices of the assigned ALJ and at the Commission's Offices at 75 Fort George Road, Lake George, New York 12845. The Commission Staff contact person is Molly Gallagher, Deputy Permit Administrator, (telephone: 518-668-9347).

Albany, New York
May 10, 2004

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