September 25, 2007
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF LEGISLATIVE PUBLIC HEARING AND
Applicant: Gregory Pecoraro, GHP Development Corp., PO Box 83, Brightwaters, NY 11718.
Project Site: GHP Development Corp. Property, Kime Avenue Parcel #3, West Islip, NY 11795
Application Number: 1-4728-02177/00004
Project: Applicant proposes to construct a dwelling, driveway and floating dock on a lot located on Kime Avenue near the intersection with Arbour Street, West Islip. The proposed dwelling and driveway would be located in the adjacent area of Class I regulated freshwater wetland BW-2, known as Deer Lake. The dwelling would be within sixteen feet of the wetland boundary. The floating dock would be located in the freshwater wetland. Clearing and ground disturbance is proposed within the adjacent area and ten feet of this freshwater wetland. In addition, ground disturbance to the freshwater wetland may result from the floating dock.
Staff of the Department of Environmental Conservation ("DEC staff), has reviewed the application materials and by letter dated July 21, 2006, denied the application. DEC staff found that the proposed project would significantly reduce or eliminate many of the functions and benefits provided by the freshwater wetland; specifically, wildlife habitat, open space, pollution control and the wetland's ability to provide the opportunity for recreation, education and aesthetic appreciation would be negatively impacted by the proposed project. DEC staff has also found that the proposed project will result in cumulative impacts to the freshwater wetland by setting an undesirable precedent for other similar proposals. DEC staff has also found that the proposed project will disturb and permanently occupy the adjacent area, adversely impacting important wildlife havitat and diminishing the wetland's buffering values. For these reasons, DEC staff believes the proposed project is not compatible with the preservation, protection and conservation of the freshwater wetland and its benefits and fails to meet permit issuance standards for freshwater wetlands found in 6 NYCRR 663.
Permits: The project would require a DEC freshwater wetlands permit pursuant to 6 NYCRR 663.
SEQRA Status: This project is 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 October 23, 2007 at 10:00 a.m. in the West Islip Fire Department, 2 Watts Place, West Islip NY 11795.
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 October 16, 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 ALJ 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 October 17, 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: Gail Rowan, Esq., Assistant Regional Attorney, at the Department's Region 1 Office, 50 Circle Road, Stony Brook, New York 11790-3409; and the applicant, Gregory Pecoraro, GHP Development Corp., PO Box 83, Brightwaters, NY 11718.
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 11790-3409, attn: Gail Rowan, 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 at www.dec.ny.gov/regs/4483.html.
Statutory and Regulatory Provisions: The application is 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); 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); and part 663 (Freshwater Wetlands).
James T. McClymonds
Chief Administrative Law Judge
September 25, 2007