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.

In F-2020-0294 or the “Ferrara Dock”, the applicants, Joseph & Carolyn Ferrara, are proposing to construct a 3' x 36' fixed dock. The authorized work is located at 185 Osprey Nest Road, Greenport, Suffolk County, Gull Pond.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0294_Ferrara_App.pdf

Original copies of public information and data submitted by the applicant 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.

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 publication of this notice, or, August 28, 2020.

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Office of Planning, Development & Community Infrastructure, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-6000, Fax (518) 473-2464. Electronic submissions can be made by email at: [email protected]

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

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 (CZMA) of 1972, as amended.

The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent with the federally approved New York State Coastal Management Program (NYSCMP). 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-2020-0539 (DA), NOAA’s National Marine Fisheries Service (NMFS) has requested an emergency rule under the Fishery Management Plan for Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region. The Council’s request would increase the recreational bag limit for Atlantic king mackerel from 3-fish per person to 4-fish per person in federal waters from the New York/Connecticut/Rhode Island boundary to the Georgia/Florida boundary, and from 2-fish per person to 4-fish per person in federal waters from the Georgia/Florida boundary to the Miami-Dade/Monroe County, Florida boundary.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0539(DA)NOAA.pdf

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., 15 days from the date of publication of this notice or August 13, 2020.

Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Ave., Albany, NY 12231, (518) 474-6000. Electronic submissions can be made by email at: [email protected]

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

Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions below have been received by the Department of State. 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 Tollisen or Neil Collier, Building Standards and Codes, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-4073 to make appropriate arrangements.

2020-0304 Matter of Woodhull Expediting, Amy Devito, 1031 Main Street, Port Jefferson, NY 11777, for a variance concerning safety requirements, including the height under a girder. involved is an existing one family dwelling located at 224 Wavecrest Drive, Mastic Beach, Town of Brookhaven, NY, County of Suffolk, State of New York.

2020-0306 Matter of JL Drafting Inc., John Lagoudes, 707 Route 110, Farmingdale, NY 11735, for a variance concerning safety requirements, including the height under a girder. involved is an existing one family dwelling located at 77 Campbell Street, New Hyde Park, Town of North Hempstead, NY, County of Nassau, State of New York.

2020-0307 Matter of Diproperzio & Mallia, LLP, Anthony S. Diproperzio, 499 Jericho Tpke., Mineola, NY 11501, for a variance concerning safety requirements, including the height under a girder, involved is an existing one family dwelling located at 137 Claudy Lane, New Hyde Park, Town of North Hempstead, NY, County of Nassau, State of New York.

2020-0308 Matter of Toc Architects, P.C., Todd O'Connell, 1200 Veterans Memorial Hwy., Suite 120, Hauppauge, NY 11788, for a variance concerning safety requirements, including the height under a girder. Involved is an existing one family dwelling located at 246 Robinson Avenue, Patchogue, Town of Brookhaven, NY, County of Suffolk, State of New York.

2020-0309 Matter of Joseph Pagac Architect P.C., Joseph Pagac, 16 Library Ave., Suite D, Westhampton Beach, NY 11978, for a variance concerning safety requirements, including the height under a girder, involved is an existing one family dwelling located at 30 Blackwatch Court, Southampton, Town of Southampton, NY, County of Suffolk, State of New York.

2020-0310 Matter of TOC Architects, P.C, Todd O'Connell, 1200 Veterans Memorial Hwy., Suite 120, Hauppauge, NY 11788, for a variance concerning safety requirements, including the height under a girder, involved is an existing one family dwelling located at 26 Diamond Drive, Plainview, Town of Oyster Bay, NY, County of Nassau, State of New York.

Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions below have been received by the Department of State. 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 Tollisen or Neil Collier, Building Standards and Codes, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-4073 to make appropriate arrangements.

2020-0305 In the matter of Klepper, Hahn & Hyatt, James D Aloisio, 5710 Commons Park Drive, Syracuse, NY 13057, for plum court condominiums concerning building code and fire safety requirements including to allow repairs and improvements to an existing lower level parking surface and application of an asphalt topcoat to that surface.

Involved are, the repairs and improvements to the parking surface, known as “Plum Court Condominiums”, located at 528 Plum Street, City of Syracuse, County of Onondaga, New York.

Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions below have been received by the Department of State. 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 Tollisen or Neil Collier, Building Standards and Codes, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-4073 to make appropriate arrangements.

2020-0312 In the matter of Beardsley Architects - Engineers, Mark Rebich, 64 South Street, Auburn, NY 13021, for Nicks Ride 4 Friends concerning building code and fire safety requirements including to allow the installation of a LULA elevator which will exceed allowable travel distance.

Involved are, the alterations and change of occupancy for business use, known as “Nicks Ride 4 Friends”, located at 13 Chapel Street, City of Auburn, County of Cayuga, New York.

STATEWIDE — Pursuant to 15 CFR 923, the New York State Department of State (DOS) hereby gives notice that the National Oceanic and Atmospheric Administration’s Office for Coastal Management (OCM) concurred on July 1, 2020 on the incorporation of the City of Buffalo Local Waterfront Revitalization Program (LWRP) into New York State's Coastal Management Program as a Program Change. As of July 1, 2020, the enforceable policies identified in the Table of Approved Changes below shall be applicable in reviewing federal actions pursuant to the federal consistency requirements of the Coastal Zone Management Act (CZMA) and its implementing regulations found at 15 CFR part 930. DOS requested OCM's concurrence on this action on June 2, 2020, in a previous notice in the New York State Register, which further described the content of the action.

The City of Buffalo LWRP was prepared in partnership with DOS and 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 LWRP is a long-term management program for the City’s waterfront resources along Lake Erie, the Niagara River, Scajaquada Creek, Hoyt Lake, the Buffalo River, Cazenovia Creek, and South Park Lake, and is based on the policies of the New York State Coastal Management Program. The City of Buffalo LWRP includes a comprehensive description of the existing and proposed land uses in the waterfront revitalization area, incorporates harbor management elements, contains enforceable polices to be used for CZMA consistency review purposes, and identifies the next generation of waterfront revitalization projects.

Pursuant to the New York State Coastal Management Program and Article 42 of the New York State Executive Law, the City of Buffalo LWRP was adopted by resolution by the Buffalo Common Council on July 24, 2018 and approved by the New York State Secretary of State on April 5, 2019.

OCM’s concurrence includes the following list of changes and qualifications:

Table of Approved Changes

Qualifications

As with previous approval of NY CMP LWRPs, the enforceable provisions of Section II are only the stated policies and sub-policies. The enforceable policies do not include the explanatory text that accompanies each policy. While the explanatory text may be advisory as to how activities can show consistency with the LWRP policies, the State may not use the explanatory text as a basis for issuing an objection under its CZMA authority. Please also note that for the review of federal actions pursuant to the CZMA, the requirements of the statute and implementing regulations at 15 CFR part 930 are controlling over any conflicting interpretation of the discussion of the CZMA federal consistency requirements within the City of Buffalo LWRP.

As a standard qualification applying to all program changes, states may not incorporate enforceable policies by reference. If an approved enforceable policy refers to another statute, regulation, policy, standard, guidance, or other such requirement or document, the referenced policy must be submitted to and approved by the Office for Coastal Management as an enforceable policy in order to be applied under the federal consistency review provisions of the CZMA. No referenced policy may be applied for CZMA federal consistency review purposes unless that policy has been separately reviewed and approved as an enforceable policy by the Office for Coastal Management.

The City of Buffalo Local Waterfront Revitalization Program is available at: http://www.dos.ny.gov/opd/programs/WFRevitalization/LWRP_status.html, the website of the New York State Department of State. If you have any questions, please contact Barbara Kendall, DOS Office of Planning, Development & Community Infrastructure, at [email protected].