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Watts, David and Edith

September 23, 2003


Applicants: David and Edith Watts, 33 West 74th Street, New York, New York 10023 (Application No. 1-4728-03015/00006)

Project: The Applicant proposes to construct a 310 square foot, two story addition to an existing single family dwelling on pilings; remove the existing shed and shower and replace with approximately 280 sq. ft. of decking; and install a shower. The entire parcel of land is located within freshwater wetland B-19. The property is located at 115 Pacific Walk, Saltaire, Fire Island, Town of Islip, Suffolk County. By letter dated January 13, 2003, the DEC Region 1 Staff denied the application. On January 29, 2003, the Applicants requested a hearing.

Permits: Freshwater Wetlands permit pursuant to the New York State Environmental Conservation Law ("ECL") Article 24 and Part 663 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR Part 663"); Tidal Wetlands permit pursuant to ECL Article 25 and 6 NYCRR Part 661.

SEQRA Status: The DEC Staff determined that the project is not subject to the State Environmental Quality Review Act ("SEQRA", ECL Article 8 and 6 NYCRR Part 617) because it is a Type II action (6 NYCRR 617.5).

Public Hearing: A legislative hearing to receive unsworn comments on the proposed project will be held at 11:00 A.M. on TUESDAY, OCTOBER 28, 2003, at the SALTAIRE FIRE HOUSE, 105 BROADWAY, SALTAIRE, NEW YORK. Written comments may also be submitted, to be received prior to October 28, 2003 at the Office of Hearings and Mediation Services at the address below. All persons, organizations, corporations, or government agencies which may be affected by the project are invited to attend the hearing and to submit oral or written comments. Interpreter services will be made available to deaf persons, at no charge, upon written request to the Administrative Law Judge named below at least five business days prior to the date of the hearing. The hearing location is reasonably accessible to persons with a mobility impairment.

Issues Conference: A pre-adjudicatory hearing issues conference will be held at the Saltaire Fire House immediately following the legislative hearing. The purpose of the issues conference is to define, narrow, and resolve, if possible, the issues which are proposed as subjects for adjudication. It is important that any persons requesting party status appear or be represented at the issues conference in order that all proposed issues may be fully discussed. The adjudicatory hearing is scheduled to take place immediately following the issues conference, also at the Saltaire Fire House, if there are issues that require adjudication. If the adjudicatory hearing continues on October 29, 2003, it would take place at the Islip Public Library, 71 Monell Avenue, Islip, New York, starting at 9:00 A.M. This location is also wheelchair accessible.

Party Status: Party status to participate in the adjudicatory hearing will be accorded only to those persons who file a written petition requesting party status, pursuant to 6 NYCRR 624.5 and 624.4(c). A petitioner for party status must demonstrate that a substantive and significant issue exists concerning the proposed project. Please see 6 NYCRR 624.4 and 624.5 for further information on party status and identification of issues.

All petitions requesting party status to participate in the adjudicatory hearing must be received at the Office of Hearings and Mediation Services at the following address no later than close of business on FRIDAY, OCTOBER 24, 2003. Such petitions must be submitted to: Susan J. DuBois, Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233-1550 (telephone 518-402-9003).

All persons requesting party status must also send a copy of their petition at the same time and in the same manner to: Craig L. Elgut, Esq., DEC Region 1, Building 40 , SUNY Campus, Stony Brook, New York 11790-2356 and to the attorney for the Applicant, Lark J. Shlimbaum, Esq., 265 Main Street, P.O. Box 8, Islip, New York 11751-0008.

Document Availability: All filed documents are available for inspection during normal business hours at the Department's Region 1 Office, Building 40, SUNY Campus, Stony Brook, New York (518-444-0260, Attn: Craig Elgut) and at the DEC Office of Hearings and Mediation Services at the Albany address above. A copy of 6 NYCRR Part 624 may be obtained from the DEC Office of Hearings and Mediation Services.

Statutory and Regulatory Provisions: Environmental Conservation Law Article 1 (General Provisions); Article 3, Title 3 (General Functions); Article 8 (State Environmental Quality Review); Article 24 (Freshwater Wetlands); Article 25 (Tidal Wetlands); Article 70 (Uniform Procedures); and 6 NYCRR Part 663 (Freshwater Wetlands); Part 661 (Tidal Wetlands); Part 617 (State Environmental Quality Review); Part 621 (Uniform Procedures) and Part 624 (Permit Hearing Procedures).

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
September 23, 2003

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