April 10, 2000
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC HEARING
Henry Tredwell c/o Faun Machines, 145 Florida Street, Farmingdale, New York 11735, ("Applicant") has applied to the New York State Department of Environmental Conservation ("Department") for a freshwater wetlands permit to construct a residential dwelling, deck, pool, driveway and septic system to dispose of household wastewaters in a regulated freshwater wetland on a site owned by the Applicant at Tredwell Lane, Noyack, Town of Southampton, Suffolk County (Tax map #0900-4-1-87.9).
The Department's Region 1 Staff reviewed the application, #1-4736-04395/0001, and determined it to be complete on July 12, 1999 and then denied the application with notification to the Applicant by letter dated November 24, 1999. On December 22, 1999, the Applicant, through Nixon Peabody, LLP, Attorneys at Law, 990 Stewart Avenue, Garden City, New York 11530-4838, requested this 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 Wednesday May 17, 2000 at 10:00 AM in the Southampton Village Hall, 23 Main Street, Southampton, 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 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 argument, must be received on or before May 12, 2000 at the Office of Hearings and Mediation Services, 50 Wolf Road, Albany, New York 12233-1550, attn: F.W. Serbent, PE, ALJ. with copies to both the Applicant's Attorney at the address given above to the attention of Kevin Law, Esq., 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 New York 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.
Chief Administrative Law Judge
April 10, 2000