Department of Environmental Conservation

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Scaduto, Francesca

June 2, 2008


Applicants: This notice relates to a joint hearing to consider the applications of: (1) Francesca Scaduto, PO Box 2639, North Babylon, NY 11703 (DEC Application # 1-4720-03454/00001); and (2) Vincenzo Anzisi, PO Box 2639, North Babylon, NY 11703 (DEC Application # 1-4720-03455/00001).

Projects: The two applications concern proposed projects on neighboring parcels located at: 425 Idaho Street, Lindenhurst, New York (SCTM #103-016-04-47) (Scaduto site); and 445 Idaho Street, Lindenhurst, New York (SCTM #103-016-04-48) (Anzisi site). Both applicants applied to the New York State Department of Environmental Conservation (Department) for freshwater wetland permits and propose to construct one single-family dwelling, construct one driveway and clear over 7,000 square feet of regulated wetland on their respective parcels. The Department's Division of Environmental Permits deemed the Scaduto application complete on July 20, 2007 and the Anzisi application complete on August 1, 2007.

Permits: Both applicants seek freshwater wetland permits pursuant to Environmental Conservation Law (ECL) article 24 and title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) part 663.

SEQRA Status: Department staff has determined that these applications pertain to Type II actions (see 6 NYCRR 617.5[c][9]) and, therefore, are not subject to the State Environmental Quality Review Act (SEQRA), ECL article 8 and 6 NYCRR 617.

Department Staff's Position: Staff maintains that applicants' proposed projects involve activities designated as "P(X)" (i.e., "incompatible") under Department regulations (see 6 NYCRR 663.4[d]). Staff denied both applications and applicants requested hearings.

Legislative Hearing: All persons, organizations, corporations or government agencies that may be affected by the project are invited to comment on the applications. For this purpose, a legislative hearing to receive unsworn comments will be held on Thursday, July 31, 2008 at 10:00 AM at the West Babylon Public Library, 211 Route 109, West Babylon, NY (telephone number: 631-669-5445).

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.

Written comments may also be submitted at the legislative hearing or may be mailed to be received on or before Tuesday, July 29, 2008 at the Office of Hearings and Mediation Services at the address listed below.

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, issues that are proposed as subjects for adjudication. 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.

Adjudicatory Hearing: An adjudicatory hearing is scheduled to begin following the Issues Conference on July 31, 2008 and will continue if necessary on August 1, 2008, at the same location.

Party Status: Petitions for party status to participate in the adjudicatory hearing must be submitted in compliance with the provisions of 6 NYCRR 624.4 and 624.5. Party status will be accorded only to those persons who file a proper written petition requesting party status. A petition must include the information required in 6 NYCRR 624.4(c) and 624.5(b). A 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.

If seeking full party status, the petitioner must propose issues that could result in permit denial, major modification of the proposed project, or the imposition of significant permit conditions. The petition must identify all statutory and regulatory requirements the project may not meet, and explain why. 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 Tuesday, July 29, 2008 at the following address:

Office of Hearings and Mediation Services
New York State Department of Environmental Conservation
625 Broadway, First Floor
Albany, NY 12233-1550
attn: Richard A. Sherman, 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 Wilkinson, Esq., Assistant Regional Attorney, NYS DEC, Region 1, 50 Circle Road, Stony Brook, NY 11790-3409; Ms. Francesca Scaduto, P.O. Box 2639, North Babylon, NY 11703; and Mr. Vincenzo Anzisi, P.O. Box 2639, North Babylon, NY 11703.

Document Availability: All filed documents, the applications and other papers are available for inspection during normal business hours at NYS DEC, Region 1, 50 Circle Road, Stony Brook, NY 11790-3409, contact Diane Radke, Bureau of Habitat, telephone 631-444-0275; and at the Office of Hearings and Mediation Services, contact Richard A. Sherman, Administrative Law Judge, telephone 518-402-9003.

A copy of the Department's hearing regulations (6 NYCRR part 624) (link leaves DEC website) may be obtained from the Office of Hearings and Mediation Services, or from the Westlaw website.

Statutory and Regulatory Provisions: These applications are being processed and this joint proceeding is being conducted according to ECL article 1 (General Provisions); article 3, title 3 (General Functions); article 8 (State Environmental Quality Review [SEQR]); and article 24 (Freshwater Wetlands); as well as 6 NYCRR part 621 (Uniform Procedures); part 624 (Permit Hearings); part 663 (Freshwater Wetlands Permit Requirements); and part 617 (SEQR). (All regulation links leave DEC website.)

James T. McClymonds
Chief Administrative Law Judge

June 2, 2008
Albany, New York

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