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Kunreuther, Steven

June 20, 2007



Applicant: Steven Kunreuther, 285 Central Park West, New York, NY 10024.

Project Site: 111 Pacific Walk, Saltaire, Fire Island 11706

Project: Applicant has applied for a tidal wetlands permit and a freshwater wetlands permit (application #1-4728-04304/00001). These permits are necessary to expand an existing 2,500 square foot house to construct: (1) a 22' x 25' partial second story addition for use as a media room/office; and (2) an 8' x 25' unenclosed wood deck over an existing wood walk. DEC staff does not object to the issuance of the tidal wetlands permit nor does DEC staff object to the construction of the wood deck. DEC staff does object to the construction of the second story addition based on standards found in the regulations for freshwater wetlands permits.

DEC staff denied the permit application because the entire lot upon which the existing structure is located is a Class II regulated freshwater wetland. DEC staff believes that the proposed project does not meet the permit issuance standards in 6 NYCRR 663.5. Specifically, DEC staff cites 6 NYCRR 663.4(d)(42) which considers the construction of a residence or related structures within a freshwater wetland as P(X) or incompatible. In addition, because the existing sanitary system is located in the wetland itself and does not contain a closed settling tank, DEC staff cites 6 NYCRR 663.4(d)(38) which considers the introduction of sewage effluent in the wetland as P(X), and states the proposed project has the potential to increase the amount of sanitary effluent.

Applicant argues that the freshwater wetland permit should be issued and states the proposed construction: will not change the footprint of the house; will not exceed its existing height; will not increase the number of bedrooms; will not increase the number of bathrooms; and will not result in the removal of any plants, trees or Phragmites on the property. The proposed addition complies with the Village of Saltaire's Village Code and no variance is required.

Permits: The project would require a DEC tidal wetlands permit pursuant to ECL article 25 and 6 NYCRR 661 and a DEC freshwater wetlands permit pursuant to ECL article 24 and 6 NYCRR 663. In addition, the project will require a Village of Saltaire permit.

SEQRA Status: This action is listed as a Type II action.

Legislative Hearing: All persons, organizations, corporations or government agencies that may be affected by the project are invited to comment on the application. For this purpose, a legislative hearing to receive unsworn comments will be held on July 31, 2007 at 10:00 a.m. in the Saltaire Fire House Meeting Room, 105 Broadway, Fire Island, NY, telephone (631) 583-5566.

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 itself. Mailed written statements must be received by the assigned Administrative Law Judge ("ALJ"), address given below, on or before July 27, 2007. Written statements will be considered equally with oral comments made at the legislative hearing.

This location is reasonably accessible to persons with a mobility impairment. Pursuant to the State Administrative Procedure Act ("SAPA"), interpreter services shall 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 hearing.

Issues Conference: A pre-adjudicatory hearing issues conference will be held at the same location immediately following the legislative hearing. The purpose of the issues conference is to define, narrow, and resolve, if possible, the issues that are proposed as subjects for adjudication. The known issues include DEC staff's basis for the denial of the application. Other issues may be proposed for adjudication and must be both substantive and significant in accordance with 6 NYCRR 624.4(c). 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.

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. The petition must include the facts intended for presentation pursuant to 6 NYCRR 624.4(c) and 624.5(b). Any petition must fully identify the proposed party together with the name(s) of the person(s) who will act as the proposed party's representative(s), the proposed party's environmental interest in the proceeding, any interest relating to the statutes administered by the Department relevant to the project, whether the request is for full party status or amicus status, and the precise grounds for opposing or supporting the project. Mere opposition to the project is not a sufficient basis to be granted party status. Please see 6 NYCRR 624.4 and 624.5 for further information on party status and identification of issues.

If seeking full party status, the petitioner must propose a substantive and significant issue or demonstrate that it can make a meaningful contribution to the record regarding a substantive and significant issue raised by another party. The petition must identify all statutory and regulatory requirements the project may not meet, and explain why. If a petitioner intends to rely upon expert testimony, the petition must also include an offer of proof that specifies the witness(es), the nature of the arguments and other documentary evidence that the petitioner intends to present at the hearing, and the basis for the assertions as to the existence of proposed adjudicable issues.

All filings requesting party or amicus status must be received on or before the close of business on July 24, 2007 at the Office of Hearings and Mediation Services, New York State Department of Environmental Conservation, 625 Broadway, First Floor, Albany NY 12233-1550, attn: P. Nicholas Garlick, Administrative Law Judge. Electronic filings or telefaxed submissions will NOT be accepted. Copies of the filing are to be sent at the same time and in the same manner to: Kari E. Wilkinson, Esq., Assistant Regional Attorney, at the Department's Region 1 Office, 50 Circle Road, Stony Brook, New York 11790-3409; and applicant's attorneys, Shlimbaum and Shlimbaum, Esqs., 265 Main Street, P.O. Box 8, Islip, New York, 11751-0008.

Adjudicatory Hearing: The adjudicatory hearing in this matter is scheduled to begin immediately after the issues conference on July 31, 2007, continuing throughout that day and on August 1, 2007, as necessary, at the same location.

Document Availability: All filed documents, the application and other papers are available for inspection during normal business hours at the Department's Region 1 Office, 50 Circle Road, Stony Brook, New York 11790-2356, attn: Kari E. Wilkinson, Assistant Regional Attorney, telephone 631-444-0260, and at the Office of Hearings and Mediation Services, P. Nicholas Garlick, Administrative Law Judge, telephone 518-402-9003.

A copy of 6 NYCRR part 624 may be obtained from the Office of Hearings and Mediation Services, or from the Department's website.

Statutory and Regulatory Provisions: The applications are processed and this proceeding is conducted according to the Environmental Conservation Law ("ECL") article 1 (General Provisions); article 3, title 3 (General Functions); article 8 (State Environmental Quality Review, "SEQR"); article 24 (Freshwater Wetlands); article 25 (Tidal Wetlands); and also title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR") part 617 ("SEQR"); part 621 (Uniform Procedures); part 624 (Permit Hearings); part 661 (Tidal Wetlands); and part 663 (Freshwater Wetlands).

James T. McClymonds
Chief Administrative Law Judge

June 20, 2007
Albany, NY

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