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Zazulka, Brian

May 28, 2004


APPLICANT: Brian Zazulka, 287 Wingham Avenue, Staten Island, NY 10309 (Att'n: Richard A. Rosenzweig, Esq.).

PROJECT APPLICATION NUMBER: NYSDEC Freshwater Wetlands Application No. 2-6405-00425/00001.

PROJECT AND LOCATION: Applicant applied for a freshwater wetlands permit to construct a two-family dwelling within Freshwater Wetland #AR-16, a Class II wetland. The project site is located on Sherwood Avenue (between Sharrott and Goff Avenues; Tax Block 6784 - Lot 70), Staten Island, Richmond County, New York.

STAFF POSITION AND APPLICANT POSITION: The staff of the Department of Environmental Conservation (DEC Staff) determined that the permit application fails to satisfy the standards for permit issuance and must be denied. DEC Staff concluded that if the project were constructed, many of the functions and benefits provided by this Class II wetland will be lost or greatly reduced, including wildlife habitat, flood and storm control, and open space. Applicant asserts that the project complies with all DEC requirements for a freshwater wetlands permit. Applicant notes that especially when the permit is for reconstruction of a previously developed site and when nearby sites with the same or similar conditions have been granted permits (some lots have been developed in the area), a permit should be granted.

SEQRA STATUS: DEC Staff deemed this application incomplete on November 3, 2000 and October 11, 2002. For the purposes of compliance with the State Environmental Quality Review Act ("SEQRA"), the DEC Staff determined that the proposed project is a Type II action (6 NYCRR 617.5[c][9]) and, therefore, not subject to review under SEQRA.

PERMITS REQUIRED AND STATUTORY AND REGULATORY PROVISIONS: Pursuant to Environmental Conservation Law (ECL) Article 24 (Freshwater Wetlands) and Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) part 663 (Freshwater Wetlands Permit Requirements), applicant filed an application for a freshwater wetlands permit. The application was filed, and is being processed, pursuant to ECL article 3, title 3 (General Functions), article 70 (Uniform Procedures) and article 8 (SEQRA), as well as 6 NYCRR part 621 (Uniform Procedures), part 617 (SEQRA) and part 624 (Permit Hearing Procedures).

Separately, applicant requires permits issued by the City of New York Department of Buildings and the City of New York Department of Environmental Protection.

PUBLIC HEARING: All persons who may be affected by the proposed project are invited to comment on the application. Pursuant to 6 NYCRR 624.4(a), A LEGISLATIVE HEARING TO RECEIVE ORAL COMMENTS WILL BE HELD ON JULY 13, 2004 AT 7:00 P.M., AT BARNARD HALL, 137 BARNARD AVENUE, STATEN ISLAND, NEW YORK 10307. It is not necessary to file in advance to speak at this hearing. In lieu of oral comments, written statements may also be submitted either by mail or at the hearing. Mailed written statements must be received by the assigned Administrative Law Judge ("ALJ"), at the address given below, by July 13, 2004. Written statements will be considered equally with oral comments made at the legislative hearing.

The location of the legislative hearing is reasonably 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 before the hearing.

ISSUES CONFERENCE AND ADJUDICATORY HEARING: Pursuant to 6 NYCRR 624.4(b), A PRE-ADJUDICATORY HEARING ISSUES CONFERENCE WILL BE HELD ON JULY 14, 2004 AT 10:00 A.M., AT BARNARD HALL, 137 BARNARD AVENUE, STATEN ISLAND, NEW YORK 10307, to determine party status for any person who has properly filed an application for party status (as indicated 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 DEC Staff, applicant, and those persons requesting party status. If issues are identified by the ALJ, an adjudicatory hearing on these issues may immediately commence following the issues conference or may be adjourned to subsequent dates, if necessary. All participants must have their witnesses and any documentary evidence available for presentation on July 14, 2004. FILING FOR PARTY STATUS: Persons seeking to participate in the issues conference and any subsequent adjudicatory hearing must file a petition (a written statement) explaining whether the request is for full party status or amicus status. Petitions for full party status must identify a substantive and significant issue for adjudication. For the required contents of petitions for full party status. See 6 NYCRR 624.5(b)(1) and (2). In addition, petitions must identify a contact person, address, telephone number and facsimile number for the petitioner. To determine whether an issue is substantive, see 6 NYCRR 624.4(c)(2), and to determine whether an issue is significant, see 6 NYCRR 624.4(c)(3). For the required contents of a petition seeking amicus status, see 6 NYCRR 624.5(b)(1 and 3).

All filings for party status must be received at the Department's Office of Hearings and Mediation Services by July 7, 2004. Send filings to: ALJ Kevin J. Casutto, Office of Hearings and Mediation Services, New York State Department of Environmental Conservation, 625 Broadway, First Floor, Albany, New York 12233-1550. Petitions sent by facsimile transmission will not be accepted. Send copies at the same time and in the same manner to Gail Hintz, Assistant Regional Attorney, Department of Environmental Conservation, Region 2 Office, One Hunters Point Plaza, 47-40 21st Street, Long Island City, New York 11101-5401; and to applicant's attorney, Richard Rosenzweig, Esq., Menicucci-Villa Associates, 2040 Victory Boulevard, Staten Island, New York 10314.

DOCUMENT AVAILABILITY: All filed documents, including the permit application and draft permit, are available for public review at the offices of the assigned ALJ and at the Department's Region 2 Office, at the addresses provided above [Region 2 contact: Harold Dickey, Division of Environmental Permits]. In addition, these documents are available for review at the New York City Public Library, New Dorp Branch, 309 New Dorp Lane, Staten Island, New York 10306 [contact: Rob, Branch Librarian (718-351-2977)].

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
May 28, 2004

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