2/13/13 N.Y. St. Reg. Miscellaneous Notices/Hearings
NEW YORK STATE REGISTER
VOLUME XXXV, ISSUE 07
February 13, 2013
MISCELLANEOUS NOTICES/HEARINGS
Notice of Abandoned Property Received by the State Comptroller
Pursuant to provisions of the Abandoned Property Law and related laws, the Office of the State Comptroller receives unclaimed monies and other property deemed abandoned. A list of the names and last known addresses of the entitled owners of this abandoned property is maintained by the office in accordance with Section 1401 of the Abandoned Property Law. Interested parties may inquire if they appear on the Abandoned Property Listing by contacting the Office of Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30 p.m., at:
1-800-221-9311 or visit our web site at: www.osc.state.ny.us
Claims for abandoned property must be filed with the New York State Comptroller's Office of Unclaimed Funds as provided in Section 1406 of the Abandoned Property Law. For further information contact: Office of the State Comptroller, Office of Unclaimed Funds, 110 State St., Albany, NY 12236.
PUBLIC NOTICE
Department of Health
Pursuant to 42 CFR Section 447.205, the Department of Health hereby gives public notice of the following:
The Department of Health proposes to amend the Title XIX (Medicaid) State Plan for non-institutional services to comply with enacted statutory provisions. The following changes are proposed:
Non-Institutional Services
The following is a clarification to the March 30, 2011 noticed provision for payment of Health Home services.
• Effective February 14, 2013, for the period of February 14, 2013 through December 31, 2013, the State will reimburse Targeted Case Management (TCM) providers that met Health Home standards and converted to Health Homes or joined with a larger Health Home at their existing TCM rate for an additional 10 months and 14 days, instead of utilizing a blended methodology of TCM and new Health Home rate for the second year after the effective date of January 1, 2012, for the Health Home Phase 1. This payment change is in effect in the following Phase 1 counties: Bronx, Brooklyn, Nassau, Warren, Washington, Essex, Hamilton, Clinton, Franklin and Schenectady.
• Effective April 1, 2013, for the period of April 1, 2013 through March 31, 2014, the State will reimburse Targeted Case Management (TCM) providers that met Health Home standards and converted to Health Homes or joined with a larger Health Home at their existing TCM rate for an additional one (1) year, instead of utilizing a blended methodology of TCM and new Health Home rate for the second year after the effective date of April 1, 2012, for the Health Home Phase 2. This payment change is in effect in the following Phase 2 counties: Dutchess, Erie, Manhattan, Monroe, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, and Westchester.
• Effective July 1, 2013, for the period of July 1, 2013 through June 30, 2014, the State will reimburse Targeted Case Management (TCM) providers that met Health Home standards and converted to Health Homes or joined with a larger Health Home at their existing TCM rate for an additional one (1) year, instead of utilizing a blended methodology of TCM and new Health Home rate for the second year after the effective date of July 1, 2012, for the Health Home Phase 3. This payment change is in effect in the following Phase 3 counties: Albany, Alleghany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenago, Columbia, Cortland, Delaware, Fulton, Genesee, Greene, Herkimer, Jefferson, Lewis, Livingston, Madison, Montgomery, Niagara, Ontario, Oneida, Onondaga, Orleans, Oswego, Otsego, Rensselaer, Saratoga, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Tioga, Tompkins, Wayne, Wyoming and Yates.
The Health Home fiscals for Phases 1, 2 and 3 were developed using the existing TCM legacy rate for years one and two after the effective date of each phase-in. The Department is now extending the legacy rate to year two to minimize the financial hardship the converting TCM programs are experiencing as they transition to providing Health Home services. In the third year of the phase-in, all payments will be made utilizing the Health Home rates.
There is no additional estimated annual change to gross Medicaid expenditures as a result of the clarifying proposed amendments.
The public is invited to review and comment on this proposed State Plan Amendment. Copies of which will be available for public review on the Department’s website at http://www.health.ny.gov/regulations/state_plans/status.
Copies of the proposed State Plan Amendments will be on file in each local (county) social services district and available for public review.
For the New York City district, copies will be available at the following places:
New York County 250 Church Street New York, New York 10018
Queens County, Queens Center 3220 Northern Boulevard Long Island City, New York 11101
Kings County, Fulton Center 114 Willoughby Street Brooklyn, New York 11201
Bronx County, Tremont Center 1916 Monterey Avenue Bronx, New York 10457
Richmond County, Richmond Center 95 Central Avenue, St. George Staten Island, New York 10301
For further information and to review and comment, please contact: New York State Department of Health, Bureau of HCRA Operations & Financial Analysis, 99 Washington Ave. – One Commerce Plaza, Suite 810, Albany, New York 12210, (518) 474-1673, (518) 473-8825 (FAX), spa_inquiries@health.state.ny.us
PUBLIC NOTICE
Department of Motor Vehicles
The Department of Motor Vehicles gives the following notice:
All subpoenas must be served by fax to 518-474-8537, by mail (addressed to the Department of Motor Vehicles, 6 Empire State Plaza, Room 222, Albany, NY 12228), or by personal service at the Customer Service Desk, Room 136, 6 Empire State Plaza, Swan Street Building, Albany, NY 12228.
Effective upon publication of this notice, service of subpoenas will no longer be accepted at the Brooklyn District Office, Atlantic Center, 2nd Floor, Brooklyn, NY 11217.
All other legal documents must be served upon the Department of Motor Vehicles at the Customer Service Desk, Rm. 136, 6 Empire State Plaza, Swan Street Building, Albany, NY 12228. This includes, but is not limited to, summonses and complaints, Article 78 proceedings, mortgage foreclosures, tax foreclosures and claims against the state.
This notice supersedes all previous notices.
PUBLIC NOTICE
Office of Parks, Recreations and Historic Preservation
Pursuant to section 14.07 of the Parks, Recreation and Historic Preservation Law, the Office of Parks, Recreation and Historic Preservation hereby gives notice of the following:
In accordance with subdivision (c) of section 427.4 of title 9 NYCRR notice is hereby given that the New York State Board for Historic Preservation will be considering nomination proposals for listing of properties in the State and National Register of Historic Places at a meeting to be held on Thursday, March 21, 2013 at 10:15 AM, at Peebles Island State Park, Waterford, New York, 12061.
The following properties will be considered:
1. Brace Farm, Winfield, Herkimer County
2. Meetinghouse Green Road Cemetery, Winfield, Herkimer County
3. Rome Elks Lodge #96, Rome, Oneida County
4. Oak Hill Cemetery, Herkimer, Herkimer County
5. Hagar Mills, Buffalo, Erie County
6. Meldrum- Edwards Building, Buffalo, Erie County
7. Hamlin Park Historic District, Buffalo, Erie County
8. Buffalo Zoo Entrance Court, Buffalo, Erie County
9. Herschell – Spillman Motor Company Complex, N. Tonawanda, Niagara County
10. Carrington House, Brookhaven, Fire Island, Suffolk County
11. Cherry Grove Community House and Theatre, Brookhaven, Fire Island, Suffolk County
12. Fire Hook and Ladder Company No.14, New York County
13. Hurricana Farm/ Stanford Stud Farm, Town of Amsterdam, Montgomery County
14. David Mathewson House and Mathewson Family Cemetery, Cooperstown Vicinity, Otsego County
15. First Baptist Society of Bath, Bath, Steuben County
16. Donald Mann House, Wheatland, Monroe County
17. Hillside Cemetery, Clarendon vic., Orleans County
18. St. Paul’s Lutheran Church, Dansville, Livingston County
19. Cheshire Meeting Hall, Ontario County
20. Tonawanda Municipal Building, Kenmore, Erie County
21. Community of True Inspiration Residence, West Seneca, Erie County
22. Warren Eaton Motorless Flight Facility, Big Flats, Chemung County
23. Leon Grange, Leon, Cattaraugus County
24. House at 1294 Lehigh Station Road, Henrietta, Monroe County
25. Delaware & Hudson Passenger Station, Lake George, Warren County
26. Keith & Branch Ford Factory & Showroom, Upper Jay, Essex County
27. Lagrange District School No. 3, Lagrange, Dutchess County
28. Rockland Print Works, Garnerville, Rockland County
29. Lyon Street School, Peru, Clinton County
30. Auclair-Button Farmstead, Pittstown, Rensselaer County (Historic Farmsteads of Pittstown MPDF)
31. Cartin-Snyder-Overacker Farm, Pittstown, Rensselaer County (Historic Farmsteads of Pittstown MPDF)
Comments may be submitted to Ruth L. Pierpont, Deputy Commissioner for Historic Preservation, Division for Historic Preservation, Peebles Island, P.O. Box 189, Waterford, New York 12188-0189, no later than Wednesday, March 20 or may be submitted in person at the meeting by contacting Ruth L. Pierpont at the same address no later than March 20, 2013.
For further information, contact Ruth L. Pierpont, Deputy Commissioner for Historic Preservation, Peebles Island, P.O. Box 189, Waterford, NY 12188-0189, (518) 237-8643.
PUBLIC NOTICE
Department of State F-2012-1067 (DA) Date of Issuance – February 13, 2013
The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.
The United States Department of the Navy (Navy) has determined that the proposed activities will be undertaken in a manner consistent to the maximum extent practicable with the enforceable policies of the New York State Coastal Management Program (NYSCMP). The applicant's consistency determination and accompanying supporting information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, Suite 1010, 99 Washington Avenue in Albany, New York.
The Navy proposes to conduct a broad array of training and testing activities and associated range capability enhancements within its designated Atlantic Fleet Training and Testing Study Area (AFTT or Study Area). These activities are considered necessary in the broad interest of national security and in order to prepare the Navy to fulfill its defense mission. In compliance with the National Environmental Policy Act (NEPA) and other regulations and orders, the Navy has prepared a Draft Environmental Impact Statement/Overseas Environmental Impact Statement (DEIS/OEIS, May 2012) to assess the likely and potential environmental impacts from these activities. The full document may be accessed at http://aftteis.com. A final EIS/OEIS is expected to be completed in the summer of 2013.
The AFTT/ Study Area (and geographic scope of the DEIS/OEIS) includes the coastal zones of all states bordering the Atlantic Ocean and the Gulf of Mexico. Of relevance to New York State's coastal management objectives and consistency review, the AFTT encompasses the waters, submerged lands, and all the resources of the Atlantic Ocean and the Long Island Sound. According to the Navy DEIS, the AFTT begins seaward from the mean high water mark extending into the Atlantic Ocean and includes the airspace, "seaspace" or sea surface area, and the undersea space.
Direct and cumulative environmental effects and/or impacts to New York's coast and offshore resources -- including its natural, biological, cultural, and socioeconomic resources, and commercial and recreational uses -- as well as potential effects on public health and safety may result from isolated events and/ or ongoing activities which are described in the DEIS. Navy actions include, but are not limited to, the employment of subsurface active sonar technologies, a wide range of explosives and non-explosives testing, mines/ torpedo/ guns and munitions testing, chemical and biological simulant testing, unmanned vehicle development and payload testing, and fleet readiness training exercises and activities. The specific timing and locations of activities cannot be known or made available to the public in advance although warnings to mariners in the area will be issued prior to undertaking potentially hazardous or disruptive activities. Certain activities may be conducted in navigation channels or at designated pierside locations.
Environmental impacts include but are not limited to acoustic stressors and the potential injury and/ or disturbance of marine mammals from increased and/ or concentrated noise in their marine environment; potential impacts to marine life from explosives and expended munitions including possible entanglement in or ingestion of materials; impacts to marine life and water quality from introduction of chemicals released as by-products of explosives; potential for increasing the risk of ship strike of vulnerable right whales across migratory and nursery habitat; and potential interference with human uses including both recreational and commercial activities. Proposed mitigations to minimize or avoid adverse impacts are described within the DEIS/OEIS document.
Additional information:
In accordance with the federal Marine Mammal Protection Act (MMPA) (16 U.S.C. § 1371(a)(5)), the Navy submitted a request for letters of authorization to the NMFS for the incidental taking of marine mammals resulting from the proposed activities. Marine mammals are found in New York State's coastal and offshore waters, including but not limited to endangered (federally listed) North Atlantic right whales, humpback whales, sperm whales, and various species of dolphins, porpoises and beaked whales. The latter group may be particularly susceptible to acoustic disturbances.
In accordance with the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. § 1801 et seq.) as amended by the Sustainable Fisheries Act, the Navy submitted an Essential Fish Habitat Assessment to the National Marine Fisheries Service.
Any interested parties and/or agencies desiring to express their views concerning the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice, or by Thursday, February 28, 2013.
Comments should be addressed to the New York State Department of State, Division of Coastal Resources, attn: Consistency Review Unit, One Commerce Plaza, 99 Washington Avenue, Suite, 1010, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464. Electronic submissions can be made at: CR@dos.ny.gov.
This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.
PUBLIC NOTICE
Department of State F-2013-0027 Date of Issuance – February 13, 2013
The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.
The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program. The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.
In F-2013, Transcontinental Gas Pipe line company, is proposing the Rockaway Delivery Lateral Project (Project), on the Rockaway Peninsula in the City of New York, Queens County. The Project would consist of two main components, a 26 inch diameter natural gas pipeline and a meter and regulating station with associated equipment and is designed to deliver natural gas to the local utility National Grid. The pipeline would extend approximately 3.2 miles from a proposed offshore interconnect with Transco’s existing 26 inch diameter Lower New York Bay Lateral in the Atlantic Ocean to an onshore delivery point on the Rockaway Peninsula proximate to the Marine Parkway Bridge. Within the Atlantic Ocean, this pipeline would be buried in a trench via jet plow while landfall would be made using a horizontal directional drill. The meter and regulating station would be constructed within the southernmost historic airplane hangar complex at Floyd Bennett Field in Kings County. An upland pipeline connecting the offshore pipeline and the metering and regulating station will be the responsibility of National Grid and is not the subject of this review.
The stated purpose of the project is to “provide a new delivery point that offers a long-term solution to meet the supply needs of National Grid’s system by delivering natural gas to the Brooklyn area, where supplies are currently needed”.
Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of this public notice or March 15, 2013.
Comments should be addressed to the Department of State, Division of Coastal Resources, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231. (518) 474-6000; Fax (518) 473-2464.
This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.
PUBLIC NOTICE
Uniform Code Regional Boards of Review
Pursuant to 19 NYCRR 1205, the petitions below have been received by the Department of State for action by the Uniform Code Regional Boards of Review. Unless otherwise indicated, they involve requests for relief from provisions of the New York State Uniform Fire Prevention and Building Code. Persons wishing to review any petitions, provide comments, or receive actual notices of any subsequent proceeding may contact Brian Tollsen, Codes Division, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-4073 to make appropriate arrangements.
2012-0537 Matter of Steven J. Olmstead, PE, for Wilber D. Theisier, PE, PC, P.O. Box 870, Carthage, New York, 13619, for a variance concerning fire safety requirements including relief from requirements to provide a required fire sprinkler system in a building. The building is classified as an R1 (transient occupancy) seasonal camping cabin, 1 story in height, of Type 5 b (unprotected wood frame) construction, approximately 192 square feet in gross area, and is located at 42099 NYS RTE 12, in the Town of Orleans Jefferson County, State of New York.
2012-00544 Matter of Martin F. Sendlewski., 215 Roanoke Avenue, Riverhead, NY 11901, for a variance concerning requirements for vertical accessibility to a mezzanine level.
Involved are alterations for an existing building of a mixed (B) business & (F) factory occupancy, one story in height, approximately 16,489 square feet in area and of type IIB construction, located at, 8595 Cox Lane, Cutchoque, Town of Southold, Suffolk County, State of New York.
2012-0548 Matter of Stephen Fontana, R.A., 29 Central Avenue, Hauppauge, NY 11788, for a variance concerning requirements for vertical accessibility to a second story in a health care office.
Involved are alterations for a health care office of a (B) business occupancy, two stories in height, approximately 2,000 square feet in area and of type VB construction, located at, 615 Montauk Highway, West Islip, Town of Islip, Suffolk County, State of New York.
2013-0008 Matter of Hens Honey Bee Farm c/o Geralyn Hens, 5566 Irish Road, North Tonawanda, NY 14120 for a variance concerning the requirements for maximum height of weed/plant growth permitted on property.
Involved is the growing of plants / weeds on the premises for facilitating honey-bee breeding. The building is a one story one family dwelling, wood frame construction, with approximate gross floor area 1100 square feet, located at 5566 Irish Road, Town of North Tonawanda, County of Niagara, State of New York.
2013-0011 Matter of Robert Vail, 147 Wallens Corners Road, Amsterdam, NY 12010 for a variance related to wood on walls of interior exit stairways, the fire rating of the cellar ceiling and cellar stairs in accordance with the New York State Multiple Residence Law.
Involved is an existing three story building located at 2 James Street, City of Amsterdam, Montgomery County, State of New York.
2013-0016 Matter of Kathi Butler-Matthews, 1328 UNION Ave, Elmont, NY 11003 for an appeal and or variances concerning safety requirements, including the ceiling height of Non-Habitable Basement space.
Involved is an existing one family dwelling, located at 1328 Union Avenue, Elmont, Town of Hempstead, Nassau County, State of New York.
2013-0034 Matter of Daniel B. Donovan, Ashley McGraw Architects, 500 So. Salina Street, Syracuse, NY 13202 for Liverpool Central School District for a variance concerning fire safety and building code requirements including the allowable building and fire area and sprinkler requirements.
Involved are the addition and alterations to an existing building known as “Elmcrest Elementary School”, located at 350 Woods Path Road, Town of Salina, Onondaga County, State of New York.
2013-0038 Matter of Stauffer Mennonite Church c/o Kevin Brubaker, 12287 East Yates Center, Lyndonville, NY 14098 for a variance concerning the requirements for sanitary drainage system.
Involved is a one story church building, wood frame construction, with approximate gross floor area 2880 square feet known as the “Mennonite Meeting House”, located at 12287 East Yates Center, Town of Yates, County of Orleans, State of New York.
2013-0040 Matter of Talon Hanger Services, LLC c/o Jay Baron, A.I.A., 8300 Republic Airport, Farmingdale, NY 11735 for an appeal and or variances concerning safety requirements, including the requirement for the installation of an automatic fire suppression system.
Involved is an existing Hanger, located at 8300 Republic Airport, Farmingdale, Town of Babylon, State of New York.
