Department of Environmental Conservation

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Busiello, Thomas

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION

COMBINED NOTICE OF COMPLETE APPLICATION AND
NOTICE OF LEGISLATIVE PUBLIC HEARING, ISSUES CONFERENCE,
AND ADJUDICATORY HEARING

Applicant:Thomas Busiello

DEC Permit Application ID No.:1-4734-01998/00003

Project Location and Description: Applicant proposes to subdivide a 44,620 square foot parcel, located at 11 Albatross Lane (SCTM 800-101-1-27), Smithtown, NY, into two lots. Lot 1 will be 25,792 square feet and contain the existing dwelling. Lot 2 will be 18,828 square feet and a new dwelling is proposed on this lot. The subject parcel is located entirely within the Recreational River Corridor for the Nissequogue River.

Permit Requested: Applicant applied to the New York State Department of Environmental Conservation ("Department") for permits pursuant to Environmental Conservation Law ("ECL") article 15, title 27 (Wild, Scenic and Recreational Rivers System) and title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR") part 666.

SEQRA Status:Department staff determined that the project is an unlisted action pursuant to the State Environmental Quality Review Act, ECL article 8 ("SEQRA") and 6 NYCRR part 617. Staff determined that the action will not have a significant impact on the environment. A negative declaration is on file.

Department Staff Position:The Department's Division of Environmental Permits denied the permit by letter dated November 17,2017. Department staff determined that the proposal does not meet the two-acre lot size minimum requirement of 6 NYCRR 666.13(c) and that it fails to meet the standards for an area variance under 6 NYCRR 666.9(a)(2).

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 January 29, 2019, at 10:00 a.m., at the Department's Region 1 Office, 50 Circle Road, Stony Brook, New York. This location is reasonably accessible to persons with a mobility impairment.

Interpreter services shall be made available to deaf persons, and translator services shall be made available to persons with limited English proficiency, at no charge for either service, upon written request to the Administrative Law Judge ("ALJ") at the address below. Requests must be made at least seven days prior the hearing.

Written comments may also be submitted at the legislative hearing or may be mailed to the ALJ at the address below, to be received on or before January 29, 2019. As noted below, if the hearing is cancelled because all potential issues for adjudication are resolved prior to the issues conference, written comments will still be accepted.

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, if possible, resolve the issues that are proposed as subjects for adjudication. The known issues include Department staff's bases 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 and will continue on successive days, as necessary.

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 the statutory and regulatory requirements the project may not meet and provide an offer of proof specifying the witness(es), the nature of the 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 full party or amicus status must be received on or before the close of business on January 18, 2019, 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: Administrative Law Judge P. Nicholas Garlick. 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, at the Department's Region 1 Office, Office of General Counsel, 50 Circle Road, Stony Brook, New York 11790-3409; and to Donald J. King, Esq., P.O. Box 304, Kings Park, New York 11754-0304.

If all potential adjudicable issues, including any proposed under a duly filed petition for party status, 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 January 29, 2019.

The Department's permit hearing procedures (6 NYCRR part 624) and a guide to permit hearings may be obtained by contacting the Office of Hearings and Mediation Services. The regulations may also be accessed at http://www.dec.ny.gov/regs/2488.html (link leaves DEC website) and the guide may be accessed at http://www.dec.ny.gov/permits/6234.html.

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, 50 Circle Road, Stony Brook, New York 11790, attn: Kari Wilkinson, telephone 631-444-0264, and at the Office of Hearings and Mediation Services in Albany, telephone 518-402-9003.

Statutory and Regulatory Provisions: This application is being processed in accordance with ECL article 3, title 3 (General Functions); article 8 (State Environmental Quality Review ["SEQR"]); article 15, title 27 (Wild, Scenic and Recreational Rivers System); and article 70 (Uniform Procedures); as well as and 6 NYCRR part 617 (SEQR); part 621 (Uniform Procedures); part 624 (Permit Hearings); and part 666 (Wild, Scenic and Recreational Rivers System).

James T. McClymonds
Chief Administrative Law Judge

December 19, 2019
Albany, New York

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