October 16, 2006
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC HEARING
APPLICANT: Mary Palmeri, 2 Lexington Avenue, Bethpage, New York, 11714.
PROJECT APPLICATION NUMBER: 1-2820-02875/00006.
PROJECT DESCRIPTION AND LOCATION: Applicant Mary Palmeri proposes to construct a single family dwelling, four dry wells, two 50' retaining walls, a pervious driveway, approximately 116 feet of steel bulkhead, 75 feet of stone armor wall, and a 33' x 4' timber catwalk on 10"-diameter piles with two sets of 4' x 4' stairs, and to place approximately 348 cubic yards of fill. The Applicant proposes the construction at her property, a vacant lot on the east side of Ocean Avenue, between 2711 and 2721 Ocean Avenue, 1,825 feet south of Bayview, on Silver Lagoon in Seaford, Town of Hempstead, Nassau County. According to Department Staff, approximately half of the Applicant's lot is covered with tidal wetland vegetation.
PERMIT REQUESTED: The Applicant requests a Tidal Wetlands permit pursuant to New York State Environmental Conservation Law (ECL) article 25 and part 661 of title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR part 661), as well as a Water Quality Certification pursuant to section 401 of the Federal Water Pollution Control Act (33 USC 1251 et seq.) and 6 NYCRR 608.9.
SEQRA STATUS: Department Staff has determined that the project is a Type II action not subject to review under the State Environmental Quality Review Act (SEQRA).
NOTICE OF COMPLETE APPLICATION: A notice of complete application dated January 30, 2006, was previously issued by Department Staff.
DEPARTMENT STAFF POSITION: Department Staff contends that the project does not meet the standards for permits for proposed regulated activities on a tidal wetland, as set forth in 6 NYCRR 661.9(b)(1)(i)-(v), or the standards for permits for regulated activities on areas adjacent to a tidal wetland, as set forth in 6 NYCRR 661.9(c)(1)-(4). Staff also contends that the project does not warrant a requested variance of 68 feet from the development restriction requiring that the dwelling be set back at least 75 feet landward from the most landward edge of the tidal wetland. Overall, Staff maintains that the project is not compatible with the protection and conservation of tidal wetland resources because it would result in filling of the wetland, destruction and degradation of wetland habitat, loss of open space and aesthetic resources, an increase in contaminant introduction to the wetland, and negative effects on water quality.
Department Staff issued a letter denying the application on May 15, 2006, and the Applicant, through her attorney, requested a hearing by letter dated May 19, 2006.
PUBLIC HEARING: Pursuant to 6 NYCRR 624.4(a), the public is invited to comment on the permit application at a legislative hearing to be held at 10 a.m. on November 14, 2006, at the Town of Hempstead Department of Conservation and Waterways, 320 Lido Boulevard, junction of Lido Boulevard and Loop Parkway, Point Lookout. The hearing will be conducted by Department Administrative Law Judge (ALJ) Edward Buhrmaster. It is not necessary to file in advance to speak at the hearing. In lieu of oral comments, written statements may be mailed to the ALJ at the address below, in advance of the legislative hearing, or they may be delivered to him at the hearing on November 14, 2006. The location of the legislative hearing is reasonably accessible to persons with a mobility impairment. Interpreter services will be provided to deaf 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), an issues conference will be conducted by ALJ Buhrmaster at the Town of Hempstead Department of Conservation and Waterways immediately after the legislative hearing on November 14, 2006. The conference will be held to determine party status for any person or organization that has properly filed (as indicated below) and to narrow and define those issues, if any, that will require adjudication in this matter. Participation at the issues conference shall be limited to Department Staff, the Applicant, and those persons and organizations requesting party status.
FILINGS FOR PARTY STATUS AND PROPOSED ISSUES: Persons and organizations seeking party status to participate at any adjudicatory hearing must file a written petition meeting the requirements of 6 NYCRR 624.5(b). Mere opposition to the project is not a sufficient basis to be granted party status. A petition must fully identify the proposed party and its representative, the petitioner's environmental interest in the proceeding, any interest related to the statutes administered by the Department that are relevant to the project, whether the petition is for full party or amicus status, and the precise grounds for opposition or support. Petitioners for full party status must identify the witnesses that they would present and the nature of their evidence. If a petitioner intends to rely upon expert testimony, the petitioner must identify the name of the expert, that person's qualifications, a summary of the subject matter on which the expert is offered, and a summary of the expert's opinions as well as the facts upon which those opinions are based.
ALL PETITIONS REQUESTING PARTY STATUS TO PARTICIPATE AT THE ADJUDICATORY HEARING MUST BE RECEIVED NO LATER THAN 3 P.M. ON NOVEMBER 9, 2006. Address all petitions to Edward Buhrmaster, Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, New York, 12233-1550. At the same time and in the same manner as the petition is furnished to the ALJ, a copy of the petition must be furnished to the Applicant's attorney, Frederick Eisenbud, Esq., of Lamb & Barnosky, LLP, 534 Broadhollow Road, P.O. Box 9034, Melville, New York, 11747-9034, and to Megan Joplin, Esq., Assistant Regional Attorney, at the Department's Region 1 Office, SUNY at Stony Brook, 50 Circle Road, Stony Brook, New York, 11790-3409. Electronic filings and service by fax will not be accepted. Any questions about filing requirements or hearing procedures may be addressed to ALJ Buhrmaster at (518) 402-9003.
ADJUDICATORY HEARING: The adjudicatory hearing in this matter is scheduled to begin immediately after the issues conference on November 14, 2006, continuing throughout that day and on November 15, 2006, as necessary, at the Town of Hempstead Department of Conservation and Waterways. All hearing participants shall assure the availability of their witnesses on both dates.
DOCUMENT AVAILABILITY: A copy of the application materials is available for inspection at the Department's Region 1 office, SUNY at Stony Brook, 50 Circle Road, Stony Brook, New York. (Please contact John A. Wieland at (631) 444-0367.) Also, the Department's hearing procedures may be found at http://www.dec.state.ny.us/, Office of Hearings and Mediation Services, Guide to Permit Hearings, or by calling the Office of Hearings and Mediation Services at (518) 402-9003.
APPLICABLE STATUTES AND REGULATIONS: This application is being processed pursuant to ECL article 3 (General Functions), article 8 (Environmental Quality Review, SEQRA), article 25 (Tidal Wetlands) and article 70 (Uniform Procedures); as well as 6 NYCRR part 608 (Use and Protection of Waters), part 617 (SEQRA), part 621 (Uniform Procedures), part 624 (Permit Hearing Procedures), and part 661 (Tidal Wetlands - Land Use Regulations).
James T. McClymonds
Chief Administrative Law Judge
October 16, 2006
Albany, New York