Miscellaneous_Notices$Hearings Miscellaneous Notices/Hearings

9/30/15 N.Y. St. Reg. Miscellaneous Notices/Hearings

NEW YORK STATE REGISTER

VOLUME XXXVII, ISSUE 39

September 30, 2015

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

Office of General Services

Pursuant to Section 30-a of the Public Lands Law, the Office of General Services hereby gives notice to the following:

Notice is hereby given that the Office for People with Developmental Disabilities has declared 6 Courtland Avenue in the City of Buffalo, County of Erie, New York State, improved with a two-story residential building and a detached garage on a 5,142 square foot lot, with tax identifier Section 101.26, Block 2, Lot 14, as surplus and no longer useful or necessary for state program purposes, and has abandoned the property to the Commissioner of General Services for sale or other disposition as Unappropriated State land.

For further information, please contact: Thomas Pohl, Esq., Office of General Services, Legal Services, 41st Fl., Corning Tower, Empire State Plaza, Albany, NY 12242, [phone], [phone] (fax)

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 federal requirements. The following changes are proposed:

The following clarifies Medicaid Cost Sharing Co-Payments effective October 1, 2015. In complying with 42 CFR 447.56, “Limitations on Premiums and Cost Sharing”, which identifies co-pay exempt individuals and services, additional groups are hereby exempt from Medicaid copays as of October 1, 2015, as follows:

1. American Indians;

2. Individuals receiving hospice care;

3. Alaska natives;

4. All Medicaid recipients with incomes at or below 100% of the Federal Poverty Level (FPL) regardless of Managed care.

The estimated annual increase in gross Medicaid expenditures attributable to this initiative contained in the budget for state fiscal year 2015/2016 is approximately $2.15 million.

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: Department of Health, Division of Finance and Rate Setting, 99 Washington Ave. – One Commerce Plaza, Suite 1460, Albany, NY 12210, e-mail: [e-mail]

PUBLIC NOTICE

Department of State

Notice of Review Extension Village of Alexandria Bay and Town of Alexandria Draft Local Waterfront Revitalization Program

In accordance with the New York State Waterfront Revitalization of Coastal Areas and Inland Waterways Act and the New York State Coastal Management Program, the Village of Alexandria Bay and Town of Alexandria, located within Jefferson County and the Thousand Islands region, have prepared a joint Draft Local Waterfront Revitalization Program (LWRP). The LWRP is a comprehensive management program for the Village’s and Town’s waterfront resources along the St. Lawrence River and Otter Creek.

To approve the Village of Alexandria Bay and Town of Alexandria LWRP, pursuant to Article 42 of the NYS Executive Law, it is required that potentially affected State, federal, and local agencies be consulted to assure that the program does not conflict with existing policies and programs. For this purpose, the Draft LWRP is available online at http://www.dos.ny.gov/opd/programs/WFRevitalization/LWRP_draft.html

Comments on the draft LWRP are due by November 16, 2015. Due to technical difficulties, the review period previously announced in the September 2, 2015 issue of the NYS Register, has been extended. At the close of this required review period, DOS will coordinate responses to comments received with the Village and Town, and modifications to the LWRP will be made as necessary to address all comments. Following adoption of the LWRP by the Village and Town, and its subsequent approval by the Secretary of State, pursuant to 15 CFR 923.84(b), DOS will request incorporation of the LWRP into the State’s Coastal Management Program by the federal Office for Coastal Management (OCM), as a Routine Program Change.

Comments on the Village of Alexandria Bay and Town of Alexandria Draft LWRP should be submitted by November 16, 2015, to Renee Parsons, NYS Department of State, Office of Planning and Development, 99 Washington Avenue, Suite 1010, Albany, NY 12231-0001; telephone [phone].

PUBLIC NOTICE

Department of State

Notice of Review Extension Town of Bolton Draft Local Waterfront Revitalization Program

PURSUANT to Article 42 of the New York State Executive Law and 19 NYCRR Part 601, the New York State Department of State (DOS) has accepted a Draft Local Waterfront Revitalization Program (LWRP) for the Town of Bolton, located within Warren County and the Adirondack Park. The LWRP serves as a comprehensive management program for the Town’s waterfront resources along Lake George and Trout Lake, Edgecomb and Conservation Park Ponds, and Indian and Finkle Brooks.

To approve the Town of Bolton LWRP, the Secretary of State must find that it is consistent with Article 42 of the Executive Law and that it does not conflict with existing state programs and policies. For this purpose, the Town of Bolton Draft LWRP is available online at http://www.dos.ny.gov/opd/programs/WFRevitalization/LWRP_draft.html. Since state agency actions must be consistent with an approved LWRP, Article 42 requires that the public and any potentially affected state and regional agencies be given the opportunity to comment on the proposed program.

Comments on the draft LWRP are due by November 16, 2015. Due to technical difficulties, the review period previously announced in the September 2, 2015 issue of the NYS Register, has been extended. At the close of this required review period, DOS will coordinate responses to comments received with the Town, and modifications to the LWRP will be made as necessary to address all comments.

Comments on the Town of Bolton Draft LWRP should be submitted by November 16, 2015, to Renee Parsons, Department of State, Office of Planning and Development, 99 Washington Ave., Suite 1010, Albany, NY 12231-0001; [phone].

PUBLIC NOTICE

Department of State F-2015-0631 (DA) Date of Issuance – September 30, 2015

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 U.S. Fish and Wildlife Service (USFWS) has determined that the proposed activity will be undertaken in a manner consistent to the maximum extent practicable with the enforceable policies of the New York State Coastal Management Program. 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, 99 Washington Avenue in Albany, New York.

USFWS is proposing a salt marsh restoration project at the USFWS Lido Beach Wildlife Management Area located adjacent to Reynolds Channel (Middle Hempstead Bay) in the Town of Hempstead, Nassau County, New York. The purpose of the proposed project is to improve resiliency to coastal storm events and sea level rise and to reverse the trend of waterlogging and vegetation loss. The proposed activities include: installation of a living shoreline consisting of approximately 15,700 SF of coconut fiber coir logs varying in diameter from 8″ to 24″ and planted with plugs of Spartina alterniflora and Juncus gerardii along 310 lf of shoreline, and the excavation of approximately 444 LF (15.2 CY) of hand dug runnels 1′ by 1′ to reconnect the marsh with nearby creeks.

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, October 15th, 2015.

Comments should be addressed to the New York State Department of State, ATTN: Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone [phone]; Fax [phone]. Comments can also be submitted electronically via e-mail at: [e-mail].

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

PUBLIC NOTICE

Department of State F-2015-0632 (DA) Date of Issuance – September 30, 2015

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 U.S. Fish and Wildlife Service (USFWS) has determined that the proposed activity will be undertaken in a manner consistent to the maximum extent practicable with the enforceable policies of the New York State Coastal Management Program. 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, 99 Washington Avenue in Albany, New York.

USFWS is proposing a marsh and stream rehabilitation and enhancement project at the USFWS Wertheim National Wildlife Refuge located on Bellport Bay and Carmans River in the Town of Brookhaven, Suffolk County, New York. The purpose of the proposed project is to improve resiliency to coastal storm events and sea level rise and to reverse the trend of waterlogging and vegetation loss. The proposed activities include: removal of existing earthen ditch plugs to restore flow to hydrologically isolated areas of the marsh; creation of 10,021 LF (2,227 CY of material removed) of channels to improve tidal connectivity; filling of 10,021 LF (2,227 CY of fill) of legacy mosquito ditches with excavated marsh soils and approximately 18,668 LF of coconut fiber coir logs to restore vegetated marsh; and removal of impediments to flow within Yaphank Creek to restore fish passage, including removing two 24″ CMP culverts and replacement with one arch culvert and a boulder weir/step pool.

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, October 15th, 2015.

Comments should be addressed to the New York State Department of State, ATTN: Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone [phone]; Fax [phone]. Comments can also be submitted electronically via e-mail at: [e-mail].

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

PUBLIC NOTICE

Department of State F-2015-0633 (DA) Date of Issuance – September 30, 2015

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 U.S. Fish and Wildlife Service (USFWS) has determined that the proposed activity will be undertaken in a manner consistent to the maximum extent practicable with the enforceable policies of the New York State Coastal Management Program. 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, 99 Washington Avenue in Albany, New York.

USFWS is proposing a marsh and stream rehabilitation and enhancement project at the USFWS Seatuck National Wildlife Refuge located on Great South Bay and Champlin Creek in the Town of Islip, Suffolk County, New York. The purpose of the proposed project is to improve resiliency to coastal storm events and sea level rise and to reverse the trend of waterlogging and vegetation loss. The proposed activities include: removal of existing earthen ditch plugs within mosquito grid ditches to restore flow to hydrologically isolated areas of the marsh; creation of 4,708 LF (1,046 CY of material excavated) of channels to restore tidal exchange in mosquito ditches; creation of 225 LF (3,200 CY) for a new stabilized inlet to Great South Bay to reestablish tidal exchange consisting of 150 LF (1,500 CY) excavated adjacent to Great South Bay and 75 LF (1,700 CY) excavated to connect existing channel to the north; filling of waterlogged portion of marsh with approximately 12,000 CY of marsh suitable fill material consisting of material dredged from confluence of Champlin Creek and Great South Bay during maintenance dredging, existing sandy dredge material stockpiled within the refuge, and soil excavated from the marsh; filling of 423 LF (924 CY) of legacy mosquito ditches with excavated marsh soils; and construction of a 556 LF (1,753 SF) of coir log living shoreline within existing boat basin along the western shore of Champlin Creek.

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, October 15, 2015.

Comments should be addressed to the New York State Department of State, ATTN: Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone [phone]; Fax [phone]. Comments can also be submitted electronically via e-mail at: [e-mail].

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, Building Standards And Codes, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, [phone] to make appropriate arrangements.

2015-0495 Matter of Wendy D. Whitney, 10474 Hinman Road, Darneveld, NY 13304 for a variance related to the fire rating of a cellar ceiling and cellar stairway in accordance with the New York State Multiple Residence Law.

Involved is a three-story building located at 1206 Capital Avenue, City of Utica, Oneida County, State of New York.

2015-0497 Matter of Rocco's Canal Side Pub, Jason Terrigino, 48 North Greece Road, Hilton, NY 14468, for an appeal of a decision of a code official regarding a sprinkler system in a building located at 26 Clinton Street, Village of Brockport, County of Monroe, State of New York.

2015-0498 Matter of Rocco's Canal Side Pub, Jason Terrigino, 48 North Greece Road, Hilton, NY 14468, for a variance concerning safety requirements, including a sprinkler system in a building located at 26 Clinton Street, Village of Brockport, County of Monroe, State of New York.

2015-0499 Matter of James Reeners for Cornerstone Properties, Cortland LLC, 14 Hickory Lane, Cortland, NY 13045 for a variance concerning fire safety and building code requirements including the requirement of a freeboard to be added to the design flood elevation.

Involved is the construction of a two-story, two-family residence, located at Seven Woodruff Street, City of Cortland, Cortland County, New York.

2015-0506 Matter of Dwight & Jennifer Roth, 183 Westcombe Park, West Henrietta, NY 14586, for a variance concerning safety requirements, including required handrails on a stair in a building located at 183 Westcombe Park, Town of Henrietta, County of Monroe, State of New York.

2015-0507 Matter of Dan Ferner, 80 Haywards Heath, West Henrietta, NY 14586, for a variance concerning safety requirements, including a required handrail on a stair in a building located at 80 Hayward Heath, Town of Henrietta, County of Monroe, State of New York.

2015-0511 Matter of Mariana Sanchez, 109-22 54th Street, Corona, NY 11368 for a variance related to wood on walls of exit stairways, fire rating of cellar ceiling and cellar stairway in accordance with the New York State Multiple Residence Law.

Involved is a three-story building located at 854 Jay Street, City of Utica, Oneida County, State of New York.

2015-0516 Matter of Java Junction, Peter Apicella, 56 Main Street, Brockport, NY 14420, for an appeal of a decision of a code official regarding commercial kitchen fire suppression in a building located at 56 Main Street, Village of Brockport, County of Monroe, State of New York.