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Sunrise Freeport Holdings, LLC

April 1, 2009


Applicant: Sunrise Freeport Holdings, LLC
2350 Merrick Road
Bellmore, New York, New York 11710

Project Application Number: 1-2820-05546/00001

Project Location and Description:
Applicant is the owner of a certain parcel of land located at the southwest corner formed by Lee Place, Boundary Court and Grace Court, Bellmore, Town of Hempstead, Nassau County, New York. The tax map designation of the parcel is NCTM No. 63-13-2 & 161. The parcel contains 9,358 square feet (sq.ft.) and is improved by a single family dwelling and accessory structures. Applicant seeks to subdivide the parcel into two lots. Subdivided Lot 1 would be 2,823.7 sq.ft., and contain the existing single family dwelling and accessory structures. Subdivided Lot 2 would be 6,534.3 sq.ft. on which construction of a single family dwelling and associated accessory structures are proposed.

Permits Requested: Applicant has applied to the New York State Department of Environmental Conservation ("Department") for a Tidal Wetlands permit authorizing the project pursuant to Environmental Conservation Law ("ECL") article 25 (Tidal Wetlands) and part 661 of title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR") (Tidal Wetlands - Land use Regulations). This project also requires a permit issued by the Town of Hempstead.

SEQRA Status
: Department staff determined that the project is a Type II action pursuant to the State Environmental Quality Review Act, ECL article 8 ("SEQRA") and 6 NYCRR part 617.

Notice of Complete Application
: A notice of complete application, pursuant to 6 NYCRR part 621, was published in the Department's Environmental Notice Bulletin on March 12, 2008 and in Newsday on March 10, 2008.

Department Staff Position:
The Department's Division of Environmental Permits reviewed the application and denied the permit with notification to applicant by letter dated July 2, 2008. Department staff concluded that the project fails to meet the standards for tidal wetlands permit issuance. Specifically, Department staff determined that the project is not compatible with the public health and welfare, contrary to 6 NYCRR 661.9(c)(1); the project does not comply with the development restrictions contained in 6 NYCRR 661.6, contrary to 6 NYCRR 661.9(c)(2); and the project is not compatible with the policy of the ECL article 25 to preserve or protect tidal wetlands and, pursuant to 6 NYCRR 661.9(c)(3), will have undue adverse impacts on the present and potential values of the affected tidal wetland area or adjoining or nearby tidal wetland areas for marine food production, wildlife habitat, flood and hurricane and storm control, cleansing ecosystems, absorption of silt and organic material, recreation, education, research, or open space and aesthetic appreciation. Finally, pursuant to 6 NYCRR 661.11, applicant has failed to satisfy the standards for issuance of a variance from the development restrictions set forth in 6 NYCRR 661.6.

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 Tuesday, April 28, 2009, at 10:00 a.m. at the Bellmore Volunteer Exempt Hall, 228 Pettit Avenue, Bellmore, New York 11710.

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, April 28, 2009, at the Office of Hearings and Mediation Services at the address listed below. As also indicated below, if the hearing is cancelled because no petitions for party status are filed, or if any filed objections are withdrawn and all proposed issues are satisfactorily resolved before the issues conference, written comments will still be accepted until April 28, 2009.

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 Department 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.

Adjudicatory Hearing
: The adjudicatory hearing is scheduled to take place at the same location, immediately following the issues conference.

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 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 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 provide an offer of proof explaining 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 Tuesday, April 21, 2009 at the Office of Hearings and Mediation Services, New York State Department of Environmental Conservation, 625 Broadway, First Floor, Albany, New York 12233-1550, attn: Chief Administrative Law Judge James T. McClymonds. 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: Susan Schindler, Esq., Assistant Regional Attorney, at the Department's Region 1 Office, Office of General Counsel, SUNY Stony Brook, 50 Circle Road, Stony Brook, New York 11790-3409; and to Kelly Risotto, Senior Ecologist, Land Use Ecological Services, Inc., 209 West Main Street, P.O. Box 1060, Riverhead, New York 11901.

If no petitions for party status are filed by the above deadline, or if any filed objections are withdrawn and all proposed issues are satisfactorily resolved before the issues conference, the hearing, including the legislative portion thereof, will be canceled. However, written comments may still be submitted to the Department until Tuesday, April 28, 2009.

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, SUNY Stony Brook, 50 Circle Road, Stony Brook, New York 11790-2356, attn: Laura J. Scovazzo, Environmental Analyst 2, telephone 631-444-0368, and at the Office of Hearings and Mediation Services, 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

Statutory and Regulatory Provisions: This application is processed and this proceeding is conducted according to ECL article 1 (General Provisions); article 3, title 3 (General Functions); article 8 (State Environmental Quality Review, "SEQR"); article 25 (Tidal Wetlands); and 6 NYCRR part 617 ("SEQR"); part 621 (Uniform Procedures); part 624 (Permit Hearings); and part 661 (Tidal Wetlands - Land Use Regulations).

James T. McClymonds
Chief Administrative Law Judge

April 1, 2009
Albany, New York

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