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Antonini, Gino

January 22, 2009

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF PUBLIC HEARING

Applicant: Gino Antonini, 9 Oswego Road, New Fairfield, Connecticut 06812. Freshwater Wetlands Permit Application No. 1-4724-01609/00001.

Contact: Stephen R. Angel, Esq., Esseks, Hefter & Angel, LLP, P.O. Box 279, 108 East Main Street, Riverhead, New York 11901. Telephone: 631-369-1700.

Project: Applicant proposes to construct a single-family house and associated structures including a driveway and sanitary septic system on vacant property located at 40 Caswell Road, Montauk (SCTM 300-31-02-22) in the Town of East Hampton, Suffolk County. Applicant's property includes a portion of Freshwater Wetland MP-31, which is a Class I freshwater wetland.

In a letter dated March 18, 2008, Department staff denied the freshwater wetlands permit application filed by Mr. Antonini.

Permits: Required freshwater wetlands permit pursuant to the New York State Environmental Conservation Law (ECL) Article 24, and Part 663 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR).

SEQRA Status: Department staff determined that the project was not subject to the State Environmental Quality Review Act (SEQRA, ECL article 8, and 6 NYCRR part 617) because it is a Type II action (see 6 NYCRR 617.5[c][9] and [10]).

Legislative Hearing Session and Public Comment: A legislative hearing session to receive unsworn comments about the proposed project will commence at 10:00 A.M. on February 24, 2009, at the Montauk Public Library, 871 Montauk Highway (Route 27), Montauk, New York 11954 (Telephone: 631-668-3377). In lieu of attending the legislative hearing session, members of the public may submit written comments about applicant's proposed project to the assigned administrative law judge, at the address below. All written comments must be received by February 20, 2009.

Issues Conference: A pre-adjudicatory hearing issues conference will immediately follow the legislative hearing session on February 24, 2009 at the Montauk Public Library. The purpose of the issues conference is to define, narrow, and resolve, if possible, the proposed issues for adjudication. Any persons requesting party status must appear or be represented at the issues conference in order that any proposed issues may be fully discussed.

Party Status: To participate in the issues conference and the subsequent adjudicatory hearing, persons must file a written petition requesting full party status, pursuant to 6 NYCRR 624.5 (also see 6 NYCRR 624.4[c]). Petitions for full party status must demonstrate that substantive and significant issues exist concerning the proposed project. Please see 6 NYCRR 624.4 and 624.5 for further information about requesting full party status and identifying issues for adjudication.

All petitions requesting full party status to participate in the adjudicatory hearing must be received at the Office of Hearings and Mediation Services at the following address no later than 3:30 p.m. on February 20, 2009. Telefaxed copies will not be accepted. Petitions must be submitted to: Daniel P. O'Connell, Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233-1550 (Telephone: 518-402-9003).

All persons filing petitions must also send a copy of their petition at the same time and in the same manner to: Kari Wilkinson, Esq., Assistant Regional Attorney, DEC Region 1, SUNY at Stony Brook, 50 Circle Road, Stony Brook, New York 11790-3409 (Telephone: 631-444-0260) and to Applicants' attorney: Stephen R. Angel, Esq., Esseks, Hefter & Angel, LLP, P.O. Box 279, 108 East Main Street, Riverhead, New York 11901 (Telephone: 631-369-1700).

Adjudicatory Hearing: The adjudicatory hearing will commence immediately after the issues conference on February 24, 2009 at the Montauk Public Library, 871 Montauk Highway (Route 27), Montauk, New York 11954, and continue if necessary on February 25, 2009 at the Department's Region 1 Offices, SUNY at Stony Brook, 50 Circle Road, Stony Brook, New York 11790-3409. All parties participating in the adjudicatory hearing must be prepared to go forward with their respective witnesses on February 24 and 25, 2009.

Document Availability: All filed documents are available for inspection during normal business hours at the Department's Region 1 Office, SUNY at Stony Brook, 50 Circle Road, Stony Brook, New York 11790-3409 (Telephone: 631-444-0260, Attn: Kari Wilkinson, Esq.), and at the Office of Hearings and Mediation Services at the Albany address above. A copy of 6 NYCRR part 624 may be obtained from the Office of Hearings and Mediation Services, and is also available on the Department's web site at http://www.dec.ny.gov/regs/4483.html.

Statutory and Regulatory Provisions: ECL article 1 (General Provisions); article 3, title 3 (General Functions); article 8 (State Environmental Quality Review); article 24 (Freshwater Wetlands); article 70 (Uniform Procedures); and 6 NYCRR part 663 (Freshwater Wetlands Permit Requirements); part 617 (State Environmental Quality Review); part 621 (Uniform Procedures); and part 624 (Permit Hearing Procedures).

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
January 22, 2009

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