October 6, 2006
NEW YORK STATE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC HEARING
APPLICANT: Jaral Properties, 505 Stewart Avenue, Suite 650, Garden City, New York 11530.
PROJECT APPLICATION NUMBER: NYSDEC Wild, Scenic and Recreational Rivers Permit Application No. 1-4730-01220/00001.
PROJECT AND LOCATION: The applicant has made an application for a Wild, Scenic and Recreational Rivers Permit and variance from permitting requirements, to construct a 26, 200 square foot ("sq. ft.") paved parking lot for its Best Western Hotel Riverhead property, located at 1830 Route 25, Riverhead, New York (Suffolk County).
TENTATIVE STAFF POSITION: The Staff of the Department of Environmental Conservation (DEC Staff) tentatively determined that the project is prohibited in the recreational river corridor (see 6 NYCRR 666.13(k)). The proposed construction of a 26,200 sq. ft. parking lot and landscaped commercial area is prohibited within the Peconic River recreational river corridor, pursuant to 6 NYCRR 666.13(k). DEC Staff has determined that this permit application and related variance application fail to satisfy the standards for permit or variance issuance contained in 6 NYCRR 666.9 and 666.13. DEC Staff explains that no Community River Corridor designation, which would allow more lenient standards for development, exists on the Peconic River . DEC Staff notes that even if a Community River Corridor designation ("CRC") was in effect, the proposed project still would fail: the proposed project would cover 25% of the lot, exceeding the 10% maximum CRC standard and the proposed parking area would be set back only 20 ft. from public works, exceeding the CRC minimum 100 ft. set back standard.
SEQRA STATUS: DEC staff determined this application to be complete on December 7, 2005. For the purposes of compliance with the State Environmental Quality Review Act (Environmental Conservation Law ["ECL"] Article 8, "SEQRA"), the project has been identified as an Unlisted Action. A negative declaration was issued on February 6, 2006.
PERMITS REQUIRED AND STATUTORY AND REGULATORY PROVISIONS: Pursuant to ECL article 15, title 27 (Wild, Scenic and Recreational Rivers System) and title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) part 666 (Wild, Scenic and Recreational Rivers System), applicant has filed an application for a Wild, Scenic and Recreational Rivers System permit and a related variance. 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).
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 DECEMBER 12, 2006 AT 7:00 P.M., AT THE BEST WESTERN HOTEL, 1830 ROUTE 25, RIVERHEAD, NEW YORK 11901. It is not necessary to file a request 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 December 12, 2006. Additionally, written statements will be received during the legislative hearing. 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 hearing impaired persons, at no charge, upon written request to the ALJ at least 10 days before the hearing.
ISSUES CONFERENCE: Pursuant to 6 NYCRR 624.4(b), a pre-adjudicatory hearing issues conference will be held ON DECEMBER 13, 2006 AT 10:00 A.M., AT THE BEST WESTERN HOTEL, 1830 ROUTE 25, RIVERHEAD, NEW YORK 11901, 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, the applicant, and those persons requesting party status. IF ISSUES ARE IDENTIFIED BY THE ALJ, AN ADJUDICATORY HEARING ON THESE ISSUES MAY COMMENCE IMMEDIATELY FOLLOWING THE ISSUES CONFERENCE, AND WILL BE CONTINUED THE FOLLOWING DAY AND ON SUBSEQUENT DATES, IF NECESSARY. All participants must have their witnesses and any documentary evidence available for presentation on December 13, 2006. If there are no filings for party status, or if any filed objections are withdrawn and all issues resolved to the satisfaction of all participants, the issues conference will be canceled, as will any adjudicatory hearing.
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. 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 DECEMBER 5, 2006. Send filings to: Kevin J. Casutto, Administrative Law Judge, 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 Kari E. Wilkinson, Assistant Regional Attorney, Department of Environmental Conservation, Region 1 Office, S.U.N.Y. at Stony Brook, Building 40, Stony Brook, New York 11790; and to Anthony Palumbo, Esq., Goggins & Palumbo, 13105 Main Road, P.O. Box 65, Mattituck, New York 11952.
DOCUMENT AVAILABILITY: All filed documents, including the permit application and any related materials, are available for public review at the offices of the assigned ALJ and at the Department's Region 1 Office, at the addresses provided above (Region 1 contact: Carol A. Farkas, Division of Environmental Permits). In addition, these documents are available for review at the Riverhead Free Library, 330 Court Street, Riverhead, New York 11901 (contact: Lisa Jacobs, Director).
James T. McClymonds
Chief Administrative Law Judge
October 6, 2006
Albany, New York