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LaLezarian, Frank

June 29, 2000


Frank LaLezarian, 21 Split Rock Drive, PO Box 4715 Kings Point, NY 11024 ("Applicant") has applied (Application # 1-2822-00981/00001) to the New York State Department of Environmental Conservation ("Department") for a freshwater wetlands permit to construct a one unit residential dwelling and appurtenances and to create a freshwater wetland as mitigation for related fill in a regulated freshwater wetland on a site owned by the Applicant at East Shore Road in the Village of Kings Point, Nassau County (Section 1, Block 164, Lot #28).

The Department's Region 1 Staff reviewed the application and issued a Notice of Complete Application dated March 31, 1999 and then denied the application with notification to the Applicant by letter dated February 4, 2000. On February 8, 2000, the Applicant, through Land Use Ecological Services, Inc., 2576 Sound Avenue, Baiting Hollow, NY 11933 requested a public hearing on the denial.

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, Part 621, Part 624, and Part 663 et seq. The Department Staff determined that this action is not subject to SEQR.

PUBLIC HEARING: All persons, organizations, corporations or government agencies which may be affected by the project are invited to comment on the applications. For this purpose, a legislative hearing to receive your comments will be held on Tuesday August 8, 2000 at 10:00 AM in the legislative chambers of the Saddle Rock Village Hall, 18 Masefield Way, Saddle Rock, NY, 11023. This location is reasonably accessible to persons with a mobility impairment. Written comments will also be received prior to the legislative hearing at the Department's Region 1 address given below.

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). An adjudicatory hearing at the same location would immediately follow the issues conference and continue from day to day thereafter if necessary. 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 August 4, 2000 at the Office of Hearings and Mediation Services, 50 Wolf Rd, Albany NY 12233-1550, attn: F.W. Serbent, PE, ALJ with copies to both the Applicant's Agent 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: C. L. Elgut, Regional Attorney, telephone 516-444-0260 and at the Office of Hearings and Mediation Services, telephone 518-457-3468.

Daniel E. Louis
Chief Administrative Law Judge

June 29, 2000
Albany, NY

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