Legacy Development Co., Inc.
August 12, 2005
NEW YORK STATE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF LEGISLATIVE PUBLIC HEARING
NOTICE OF ISSUES CONFERENCE
APPLICANT: Legacy Development Co., Inc., 301 Exchange Boulevard, Rochester, New York 14608.
PROJECT APPLICATION NUMBER: DEC #8-2654-00097/00007.
PROJECT DESCRIPTION AND LOCATION: Legacy Development Co., Inc. ("applicant") proposes to construct and operate "Waterview at Willow Point", a waterfront development and 46 boat slip dockage associated with the upland Willow Point on the Bay residential project located west of Bay Road in the Town of Webster, Monroe County. This project includes the following activities: construction/modification of an existing access way to Irondequoit Bay; installation of water, electric, and cable tv service to a seasonal use floating dockage having 46 boat slips; construction of a picnic area adjacent to the dockage, construction of an emergency vehicle turnaround and two upland parking areas for golf carts and motor vehicles; and, installation of a limited access gate for use by emergency and maintenance vehicles. Residents of Willow Point will have either pedestrian access to the waterfront or by limited golf cart access. Additional work includes upgrading an existing stormwater management facility serving the upland development, installation of a stormwater management collection system along the access way, installation of a gabion wall retaining system and beam guide railing along the access way, planting of a shrub buffer to isolate a pond which is connected to Irondequoit Bay, and the installation of seasonal use floating docks for 46 residential boat slips. These activities will take place within Freshwater Wetland RE-1, the associated 300 foot adjacent area, and a Coastal Erosion Hazard Area. Maintenance and security of the area will be done in accordance with a plan provided by the applicant and approved by the Department. Vehicular use of the access way will be restricted to golf carts and for the purposes identified in the approved maintenance and security plan. Use of the docks will be restricted to residents of the Willow Point Subdivision. The applicant will subdivide Lot 2 of Section 2 of the Willow Point Subdivision and transfer title to 20 acres +/- acres of the waterfront property and upland area to the Genesee Land Trust, Inc. for open space. The applicant will retain title to the remaining portion of Lot 2 for purposes of access to the Bay and construction of the dock facilities. If seasonal dock storage is necessary, the applicant will only store docks in the developed picnic area and the access way. Use of the area to be retained by the applicant will be subject to restrictions which are approved by the Department and which are consistent with the terms and purposes reflected in the draft permit hereafter referenced and the Department's review pursuant to the New York State Environmental Quality Review Act (SEQRA).
PERMIT: The project is located within NYS Freshwater Wetland RE-1 (Class I) and the associated 300 foot extended adjacent area. The project is also located within a Natural Protective Feature Area subject to the Department's Article 34 Coastal Erosion Hazard Areas jurisdiction. The Applicant has applied for a Freshwater Wetland Permit and a Coastal Erosion Management Permit to construct and operate the project pursuant to pursuant to article 24 and article 34 of Environmental Conservation Law (ECL). Applicable regulations are 6 NYCRR part 663 and 6 NYCRR part 505 respectively.
DEC STAFF'S POSITION: Department staff has prepared a draft permit for the project and is prepared to support permit issuance according to the terms of the draft permit. The draft permit is available for review at the locations indicated below. The applicant has indicated it will accept the terms of the draft permit prepared by Department staff.
SEQRA STATUS: Pursuant to 6 NYCRR part 617, the implementing regulations for SEQRA, ECL article 8, the Town of Webster Planning Board (Town) conducted a coordinated review, and as lead agency, determined the project may have a significant impact on the environment. The Town issued a SEQRA Positive Declaration requiring the preparation of a Draft Environmental Impact Statement. A Final Environmental Impact Statement was accepted by the Town for waterfront development at this site on November 17, 1992.
APPLICATION PROCESSING AND NOTICE OF PUBLIC HEARING: In accordance with 6 NYCRR part 621, Department staff declared the application complete on June 27, 2001. Notice of the complete application was published in the Environmental Notice Bulletin on July 4, 2001 and in the Webster Herald on July 4, 2001. Based on public comments received and the review conducted by Department staff the applicant substantially modified the project described in the notice of complete application to reduce the number of docks from 99 to 46, to eliminate docks from the northerly section of the bay frontage at this location, to restrict vehicular traffic, to eliminate the parking area for 17 vehicles and to provide for the conveyance of 20± acres of land to the Genesee Land Trust.
In accordance with the provisions of 6 NYCRR parts 621 and 624, a legislative public hearing will be held before Administrative Law Judge P. Nicholas Garlick (ALJ) on September 12, 2005 at 7:00 p.m. in the cafeteria/auditorium of the Plank Road North Elementary School, 705 Plank Road (corner of Plank and Scribner Roads) Webster, New York 14580 to receive unsworn statements from the public on the Legacy Development Co., Inc. application. All persons, organizations, corporations, or government agencies which may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments. It is not necessary to file in advance to speak at the legislative hearing. Lengthy statements should be in writing and summarized for oral presentation. Reasonable time limits may be set for each speaker to afford everyone an opportunity to be heard. Equal weight will be given to both oral and written statements. 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 at least 10 days prior to the hearing, pursuant to the State Administrative Procedure Act. Written comments will be accepted until 10 days after the close of the legislative hearing.
ISSUES CONFERENCE: A pre-adjudicatory hearing issues conference will be held on September 13, 2005 at 10:00 a.m. in the meeting room of the Webster Community Center, 985 Ebner Drive, Webster, New York 14580 and will continue on such additional days as necessary. At the issues conference, the ALJ will determine what issues, if any, require adjudication, and will define the scope of such issues. The purpose of the issues conference is to hear argument on whether party status should be granted to any petitioner; to narrow or resolve disputed issues of fact without resort to taking testimony; to hear argument on whether disputed issues of fact that are not resolved meet the standards for adjudicable issues set forth in 6 NYCRR 624.4(c); to determine whether legal issues exist whose resolution is not dependent on facts that are in substantial dispute and, if so, to hear argument on the merits of those issues; and to decide any pending motions. Participation at the issues conference will be limited to the Department staff, the applicant and those persons requesting party status pursuant to 6 NYCRR 624.4 and 624.5 in advance of the issues conference. THE ISSUES CONFERENCE MAY BE CANCELLED IF NO ISSUES EXIST BETWEEN THE PERMITTEE AND DEC STAFF, AND NO PETITIONS FOR PARTY STATUS ARE RECEIVED BY THE DEADLINE SET FORTH BELOW.
IT IS EXTREMELY IMPORTANT THAT ANY PERSONS REQUESTING PARTY STATUS APPEAR OR BE REPRESENTED AT THE ISSUES CONFERENCE IN ORDER THAT ALL VALID ISSUES MAY BE FULLY DISCUSSED. An adjudicatory hearing will, if necessary, be scheduled following the issues conference.
FILING FOR PARTY STATUS AND PROPOSED ISSUES: To participate at the issues conference, prospective parties must file a written petition requesting party status including the facts intended for presentation pursuant to 6 NYCRR 624.4(c) and 624.5(b). In addition, any petition must fully identify the proposed party and the name(s) of the person(s) who will act as the party's representative(s), the party's environmental interests, the statutory considerations relevant to the project, whether the request is for full party status or amicus status, and the precise grounds for opposing or supporting the project. Mere opposition to the project is not a sufficient basis to be granted party status.
If seeking full party status, the petitioner must propose issues that could result in permit denial, major modification of the proposed project or the imposition of significant permit conditions. The petition must identify all statutory and regulatory requirements which may not be met, and explain why. If a party intends to rely upon expert testimony, the petition must also include an offer of proof that specifies the witness(es), the nature of the arguments and other documentary evidence that the party intends to present at the hearing, and the grounds upon which the assertions are based regarding the proposed issues.
For amicus status, the filing must identify the nature of the legal or policy issues to be briefed, and provide a statement explaining why the proposed amicus is in a special position with respect to those issues, as required by 6 NYCRR 624.5(b)(3).
Persons having similar interests of concern are encouraged to file as a consolidated party. The hearing provisions can be found at www.dec.state.ny.us, Hearings & Mediation, Guide to Permit Hearings.
All petitions requesting either full party status or amicus status must be received at the DEC Office of Hearings and Mediation Services by 4:00 p.m. on September 6, 2005. Electronic filings and service by fax will NOT be accepted. Such filings must be submitted to the following:
1. P. Nicholas Garlick, Administrative Law Judge, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233-1550;
2. Leo J. Bracci, Esq., Assistant Regional Attorney, NYSDEC Region 8, 6274 East Avon-Lima Road, Avon, New York 14414; and
3. Neal D. Madden, Esq., Harter Secrest & Emery, L.L.P., 1600 Bausch & Lomb Place, Rochester, NY 14604. (Counsel for the Applicant)
STATUTORY AND REGULATORY PROVISIONS: Environmental Conservation Law article 1 (General Provisions); article 3, title 3 (General Functions); article 8 (Environmental Quality Review); article 24 (Freshwater Wetlands); article 34 (Coastal Erosion Hazard Areas): and article 70 (Uniform Procedures). Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) part 663 (Freshwater Wetlands); part 505 (Coastal Erosion Management); part 617 (State Environmental Quality Review); part 621 (Uniform Procedures); and part 624 (Permit Hearing Procedures).
DOCUMENT AVAILABILITY: Application materials and the draft permit are be available for public inspection at the following locations:
1) NYS DEC Office of Hearings and Mediation Services, First Floor, 625 Broadway, Albany, New York 12233-1550. (518) 402-9003.
2) NYS DEC Region 8 Headquarters, 6274 East Avon-Lima Road, Avon, New York 14414-9519. (585) 226-5400.
3) Webster Public Library, Webster Plaza, 980 Ridge Road, Webster, New York 14580.
SUMMARY OF IMPORTANT DATES AND TIMES:
September 6, 2005 at 4:00 p.m....................................Deadline for Filing for Party Status
September 12, 2005 at 7:00 p.m......................................Legislative Public Hearing
September 13, 2005 at 10:00 a.m....................................Issues Conference
For further information please contact: Robert Shearer, NYSDEC Region 8 Headquarters, 6274 East Avon-Lima Road, Avon, New York 14414; Telephone: (585) 226-5397; E-Mail: email@example.com
James T. McClymonds
Chief Administrative Law Judge
Albany, New York
August 12, 2005