Department of Environmental Conservation

D E C banner

Summer, Steven and Barbara

March 12, 2008



1 Roned Road
Shirley, New York 11967

DEC Application ID # 1-4736-00432/00004


The applicants, Steven and Barbara Summer, have applied to the New York State Department of Environmental Conservation (DEC or Department) for a permit to construct an addition to the existing single family dwelling within sixty-one feet of the tidal wetland boundary and to install a new sanitary system with a retaining wall and 400 cubic yards of fill within fifty-eight feet of the wetland boundary. The location of the proposed project is 558 Dune Road in Westhampton in the Town of Southampton, Suffolk County, SCTM # 0900-392-1-10.3.

SEQRA STATUS: Department staff has determined that this is a Type II action and thus,
is not subject to the State Environmental Quality Review Act.

STAFF'S POSITION: By letter dated June 22, 2007, George W. Hammarth, NYSDEC Region 1 Permit Administrator, informed Mr. and Mrs. Summer that the application does not meet the standards set forth in the Tidal Wetlands Land Use Regulations found in Part 661 of Title 6 of the New York Compilation of Codes, Rules and Regulations ( NYCRR). Specifically, staff determined that the addition of impervious structures will cause an increase in runoff leading to excessive sediment, nutrient and contaminant deposition in Moriches Bay. DEC staff also notified the Summers that the degradation to water quality would affect commercial and recreational fisheries and shellfisheries by degrading fish habitat. Staff noted that the project does not comply with the development restrictions contained in 6 NYCRR § 661.5 - Tidal Wetlands Land Use Regulations as it does not meet the minimum setback requirements set forth in the regulations.


In accordance with the provisions of Parts 621, 624 and 661 of 6 NYCRR, a legislative hearing will be held before Administrative Law Judge (ALJ) Helene G. Goldberger to receive unsworn statements from the public on the permit application on April 8, 2008 at the Westhampton Beach village offices located at165 Mill Road, Westhampton, New York at 10:00 a.m.

All persons, organizations, corporations or government agencies that may be affected by the project are invited to attend the hearing session to submit oral or written comments. Written comments may be sent to Helene G. Goldberger, Administrative Law Judge, at the New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233-1550 until April 4, 2008. It is not necessary to file a written request in advance to speak at the legislative hearing.

The hearing location 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 business days before the hearing.

ISSUES CONFERENCE: A pre-adjudicatory hearing issues conference will be held immediately following the legislative hearing on April 8, 2008 at the same location. The purpose of the issues conference will be to define, narrow and resolve, if possible, the issues concerning the permit application. Participation at the issues conference shall be limited to Department staff, the applicant, and those persons and organizations requesting party status.

FILING 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). The applicant and Department staff are automatically full parties to the proceeding pursuant to 6 NYCRR § 624.5(a) and do not file petitions.

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 BY NO LATER THAN 5 P.M. ON April 2, 2008. Address all petitions to Helene G. Goldberger, 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 sent to the applicant's attorney, Linda U. Margolin, Esq., One Suffolk Square, 1601 Veterans Memorial Highway, Suite 300, Islandia, New York 11749-1543 and to Keri Wilkinson, Assistant Regional Attorney, NYSDEC, Region 1, SUNY at Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409.

ADJUDICATORY HEARING: The adjudicatory hearing in this matter is scheduled to begin immediately after the issues conference on April 8, 2008, and continuing to April 9, 2008, if necessary, at the same location. All hearing participants shall assure the availability of their witnesses on those dates.

DOCUMENT AVAILABILITY: A copy of the application materials is available for inspection at the Department's Region 1 office, Building 40, SUNY, Stony Brook, NY. (Please contact Darleen Gerbino at [631] 444-0404). Also, the Department's hearing procedures may be found at - Guide to Permit Hearings, or by calling the Office of Hearings and Mediation Services at (518) 402-9003.


This application is being processed pursuant to ECL article 3 (General Functions), Article 25 (Tidal Wetlands), and Article 70 (Uniform Procedures); as well as 6 NYCRR Part 621 (Uniform Procedures),Part 624 (Permit Hearing Procedures), and Part 661 (Tidal Wetlands - Land Use Regulations).

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
March 7, 2008

  • PDF Help
  • For help with PDFs on this page, please call 518-402-9003.
  • Contact for this Page
  • Office of Hearings and Mediation Services
    625 Broadway, 1st Floor
    Albany, New York 12233-1550
    Send us an email
  • This Page Covers
  • Page applies to all NYS regions