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Graboski, Stephanie and Roseanna Sheades

March 19, 2014

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF LEGISLATIVE PUBLIC HEARING, ISSUES CONFERENCE
and ADJUDICATORY HEARING

STEPHANIE GRABOSKI & ROSEANNA SHEADES
P.O. Box 694
Amagansett, NY 11930

DEC Application ID # 1-4724-01894/00001

PROJECT DESCRIPTION and LOCATION:

The applicants, Stephanie Graboski and Roseanna Sheades, have applied to the New York State Department of Environmental Conservation (DEC or Department) for a freshwater wetlands permit and tidal wetlands permit to construct a two story, single family house on piles including two decks; stairs; septic systems; retaining wall; and gravel driveway that will entail the use of 435 cubic yards of fill. The location of the proposed project is 102 Bayview Avenue, Amagansett, New York and is within the adjacent area of a Class I freshwater wetland identified on the official freshwater wetland map as # GE-2. Staff has also identified the property as being in the adjacent area of shoal mudflats (SM) indicated on the official tidal wetland maps 744-542 and 746-542.

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

STAFF'S POSITION: By letter dated December 5, 2013, DEC Regional Deputy Permit Administrator John A. Wieland informed Mmes. Graboski and Sheades that the requested permit application is not compatible with the permitting standards contained in Part 663 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) (Freshwater Wetlands Permit Requirements Regulations), with preservation and protection of freshwater wetlands, and with the public health and welfare, and is not reasonable and necessary. The Department staff does not have objections to the application based on Part 661 of 6 NYCRR (Tidal Wetlands Land Use Regulations). Based upon these determinations, in this same letter, Mr. Wieland advised the applicants that the staff was denying the application. By letter dated December 20, 2013, Laurie B. Wiltshire of Land Planning Services, Ltd. wrote to the Department to request a public hearing.

PUBLIC LEGISLATIVE HEARING

In accordance with the provisions of Parts 624 and 663 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 10, 2014, at the Amagansett Fire Department located at 439 Main Street, Montauk Highway (State Route 27), Amagansett, NY 11930 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 9, 2014. 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 10, 2014, 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 requirement of 6 NYCRR 624.5(b). 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 3, 2014. 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 representative, Laurie B. Wiltshire, Land Planning Services, Ltd., P.O. Box 1313, East Hampton, NY 11937 and to Jennifer Ukeritis, Esq., Assistant Regional Attorney, Region 1, New York State Department of Environmental Conservation, 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 10, 2014, and continue on April 11, 2014, 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, SUNY at Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409. (Please contact Matthew R. Penski, Environmental Analyst at 631-444-0358). Also, the Department's hearing procedures may be found at http://www.dec.state.ny.us/, Guide to Permit Hearings, or by calling the Office of Hearings and Mediation Services at (518) 402-9003.

APPLICABLE STATUTORY AND REGULATORY PROVISIONS, PERMITS APPLIED FOR:

This application is being processed pursuant to ECL Article 3 (General Functions), Article 24 (Freshwater Wetlands), Article 25 (Tidal Wetlands), Article 70 (Uniform Procedures); as well as 6 NYCRR Part 621 (Uniform Procedures), Part 624 (Permit Hearing Procedures), Part 663 (Freshwater Wetlands - Permit Requirements) and Part 661 (Tidal Wetlands - Land Use Regulations).

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
March 19, 2014

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