ENB - REGION 3 NOTICES

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Notice of Proposed Rule-making: 6 NYCRR Part 40

Pursuant to the Environmental Conservation Law §§ 11-0303, 11-1303, 13-0335, 13-0338, 13-0339-a, 13-0340, 13-0340-b, 13-0340-c,13-0340-e, 13-0340-f, 13-0342, and 13-0347, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Adoption for 6NYCRR Part 40 relating to marine fish. This notice will be published in issue 46 of the State Register, dated 11/16/2005.

For further information contact:

Alice Weber
NYS Department of Environmental Conservation
205 North Bellemeade Road
East Setauket, NY 11733
Telephone: (631) 444-0435
email: amweber@gw.dec.state.ny.us


Availability of Conceptual Remedial Action Work Plan for Comment

County: Westchester
Lead Agency: New York State Department Of Environmental Conservation
Project Title: Pelham Plaza Former Manufactured Gas Plant (MGP) Site No. V-00110-3
Project Location: Located at the intersection of Boston Post Road and Pelham Parkway, Village of Pelham Manor, Westchester County, New York

Brief Project Description: The site is approximately 20 acres and is situated along Boston Post Road and Pelham Parkway in the Village of Pelham Manor and known as Block 5655, Lot 300 on the Tax Map of the Town of Pelham. A small portion of the site, including the building occupied by New York City OTB, is located in the Bronx, New York. The site is occupied by retail facilities surrounded by asphalt-paved parking, with vehicle access provided from both Boston Post Road and Pelham Parkway.

The former MGP property is currently zoned as retail/commercial. The contemplated use of the site is restricted commercial as a retail operation. The existing anchor building is scheduled to undergo extensive renovation and all of the other buildings will be a component of the redevelopment plan. As noted by the zoning requirements and the environmental easement in the Voluntary Cleanup Agreement, residential use is prohibited.

Con Edison and several of its predecessor companies, including the Pelham Gas Light Company and Westchester Lighting Company, occupied the site starting in the late 1800s and operated a manufactured gas plant there until approximately 1951. The main shopping center that currently occupies the site was constructed by early 1966. In 1968, Con Edison demolished all remaining MGP structures and terminated their lease. In September 1998, the site was sold to Janice H. Levin and Levin Management Corporation.

Numerous investigations have been performed at the site. The results of the investigations indicated the presence of coal tar and coal tar related constituents at the site in soil and groundwater. The remedy is summarized below:

The Conceptual Remedial Action Work Plan is available for public review at the NYSDEC New Paltz office. Please call (845) 256-3154 for an appointment. It is also available for review at the Town of Pelham Library located on Colonial Avenue in Pelham. Please call (914) 738-1234 for hours.

Written comments may be submitted to Dave Crosby, P.E. at the address given below for 30 days following the date of this notice.

Contact: David Crosby, P.E., NYSDEC, 625 Broadway, Albany, New York 12233-7014, (518) 402-9662, fax (518) 402-9679 or email at dacrosby @gw.dec.state.ny.us


Positive Declaration

Orange County - The Town of Newburgh Town Board, as lead agency, has determined that the proposed Town of Newburgh Proposed Rezoning may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. The action involves the rezoning of portions of the Town of Newburgh. The zoning map amendments are as follows: approximately 1,377 acres (including Orange Lake) to be rezoned from the R-3 District to the R-1 District, approximately 967 acres to be rezoned from R-2 District to the R-1 District, and approximately 130 acres to be rezoned from the IB District to the B District. The proposed action is a specific recommendation of the 2005 Town of Newburgh Comprehensive Plan Update.

The proposed action would require approval from the Town of Newburgh Town Board, also acting as the lead agency for this action. The proposed action would also include referral to the Town of Newburgh Planning Board in accordance with the requirements of the Town’s Zoning Code and General Municipal Law referral to the Orange County Department of Planning. The proposed area to be rezoned is located in the southwest portion of the Town and is generally bounded by the R1 District to the north, Interstate 87 to the east, Route 17K and Interstate 84 to the south, and the Town of Newburgh town line to the west.

Contact: James Osbourne, Town of Newburgh Town Board, 308 Gardnertown Road, Newburgh, NY 12550, phone: (845) 564-7814.


Westchester County - The Village of Dobbs Ferry Planning Board, as lead agency, has determined that the proposed Expansion of existing Stop & Shop may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. The action involves the expansion of the existing Stop & Shop Supermarket from approximately 35,000 sq. ft. to approximately 52,000 sq. ft. The development will include street level retail shops and structured parking. The site including the adjoining parcel is approximately 4 acres located at the intersection of Walgrove Avenue, Ashford Avenue, Cedar Street and Broadway. The project is located at 390 Broadway, Dobbs Ferry, New York.

Contact: Patricia Harney, Village of Dobbs Ferry Planning Board, Village Hall, 112 Main Street, Dobbs Ferry, NY 10522, phone: (914) 693-2203, fax: (914) 693-3470, e-mail: pharney@dobbsferry.com.


Positive Declaration And Public Scoping

Ulster County - The Town of Hurley Planning Board, as lead agency, has determined that the proposed Hidden Forest at Hurley Subdivision may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. A public scoping session will be held on November 29, 2005 (rescheduled from October 26, 2005) at 7:00 p.m. at the Hurley Mission (located on Zandhoek Road in Hurley.). The action involves the development of a 652-unit age-restricted, active adult community on a 411 acre parcel located on NYS Route 209 and Lucas Avenue. The proposed project contains 344 single-family estate homes and 308 luxury twin homes, as well as recreational amenities including a clubhouse, pool, tennis courts, bocce courts, and a trail network within a significant natural open space area. The proposed project will be served by community water and sewer systems, which will be owned and maintained by a homeowners' association. The homeowners' association will also own and maintain the internal road network. The project is located at 997 Lucas Avenue and neighboring parcels with no street addresses, Town of Hurley, Ulster County. Tax parcels: 55.004-4-1, 2, 14, 15 and 16; 55.004-10-16.22, 16.3, and 32; 55.012-4-26 and 27.

Contact: Paul Hakim, Town of Hurley Planning Board, Town Hall, 10 Wamsley Place, P.O. Box 569, Hurley, NY 12443, phone: (845) 331-1177, fax: (845) 331-0058.