NOTICE OF SALE SUPREME COURT: SUFFOLK                       COUNTY. NATIONSCREDIT   FINANCIAL                     SERVICES CORPORATION,   SUCCESSOR               BY MERGER TO NATIONSCREDIT HOME EQUITY SERVICES, Pltf. vs. JOSE M. MARTINEZ, et al, Defts. Index #2002- 5035.   Pursuant to judgment         of foreclosure and sale dated May 20, 2003, I will sell at public auction on the front steps of Babylon Town Hall, 200 East Sunrise             Highway,       No. Lindenhurst, NY on May 30, 2007 at 8:30 a.m. prem. k/a   42   Piave   Terrace, Lindenhurst,   NY   a/k/a Dist. 0100, Sec. 188.00, Block 01.00, Lot 019.000. Said property located on the northerly side of Piave Terrace, distant 180 ft. easterly as measured along the northerly side of Piave Terrace, from the corner formed by the intersection of the northerly side of Piave Terrace with the easterly side of Venetian Promenade, being a plot 100 ft. x 40 ft. Approx. amt.   NOTICE OF SALE SUPREME COURT: SUFFOLK           COUNTY.   MORTGAGE               ELECTRONIC REGISTRATION   SYSTEMS,             INC. AS NOMINEE         FOR ACCREDITED HOME LENDERS, INC., Pltf.   vs.   ROBERT   C. KEATON, SR., et al, Defts. Index #25220/06. Pursuant to judgment of foreclosure and sale entered Mar. 16, 2007, I will sell at public auction at Babylon Town Hall, 200 East Sunrise Highway, No. Lindenhurst, NY on May 30, 2007 at 9:00 a.m. prem. k/a 97 New Ave., Wyandanch,   NY.   Said property located on the northerly side of New Ave. 600 ft. easterly from the corner formed by the intersection           of the northerly side of New Ave. with the easterly       side of Russell St., being       a plot 100 ft. x 60 ft. Approx. amt. of judgment is $198,915.42 plus costs and interest.   Sold subject to terms and conditions of filed judgment and terms of sale.   ROBERT WEINER, Referee.   COHN & ROTH, Attys. for Pltf., 100 East Old Country Rd., Mineola, NY. #69381 07-202 4/26, 5/3, 10, 17 NOTICE OF FORMATION OF LIMITED LIABILITY COMPANY, NAME:   FARRELLY ENTERPRISES,                     LLC Articles of Organization were filed with the Secretary       of State of New York (SSNY) on 4/09/2007.   Office         location:     Suffolk County.   SSNY has designated         as agent of the LLC upon whom process against it may be served.   SSNY shall mail a copy of process to the LLC, 150 Florida St., Farmingdale, N.Y. 11757. For any lawful purpose. 07-209 5/3, 10, 17, 24, 31,6/7 of judgment is $150,575.28 plus costs and interest. Sold subject to terms and conditions of filed judgment and     terms     of     sale. JONATHAN C. JULIANO, Referee.   KNUCKLES & KOMOSINSKI, PC, Attys. For Pltf., 220 White Plains Rd.,     Tarrytown,     NY. #69367 07-205   4/26, 5/3, 10, 17 NOTICE OF SALE SUPREME COURT: SUFFOLK           COUNTY Mortgage Electronic Registration           Systems, Inc., et al, Plaintiff(s) vs. Melissa Ellis, et al, Defendant(s) Attorney (s) for Plaintiff (s): ROSICKI, ROSICKI & ASSOCIATES,                   P.C., 2 Summit Court, Suite 301, Fishkill New York 12524 (845) 897- 1600 Pursuant to judgment of foreclosure and sale entered         herein on or about April 12, 2005, I will sell at Public Auction to the highest       bidder at Islip Town Hall, 655 Main Street, Islip, New York. On June 1, 2007 at 9:00 AM Premises   known   as   33 Stewart Street, Bayshore, New York, ALL that certain plot, piece or parcel of land, with the buildings and improvements             thereon erected, situate, lying and being in the Town of Islip, County of Suffolk, and State of New York, known and designated           as part of lots 288 and 289 on a certain map entitled, "Map of Causeway Farms, Section 2," and filed in the Office of the Clerk of the County of Suffolk on September 24, 1947, as map no. 1572. District:   0500   Section: 287.00 Block: 02.00   Lot: 080.000 As more particularly described           in the judgment of foreclosure and sale. Sold subject to all of the terms and conditions contained           in said judgment and terms of sale. Approximate amount of judgment $193,189.46 plus interest and costs. INDEX NO. 04/25515 Francis P. Murphy, Esq., REFEREE 07-213   5/3, 10, 17, 24 NOTICE OF SALE SUPREME COURT: SUFFOLK           COUNTY Wachovia   Bank,   et   al, Plaintiff(s) vs. Marlene Mason, et al, Defendant(s) Attorney (s) for Plaintiff (s): ROSICKI, ROSICKI & ASSOCIATES,                   P.C., 2 Summit Court, Suite 301, Fishkill New York 12524 (845) 897- 1600 Pursuant to judgment of foreclosure     and     sale granted herein on or about April 6, 2007, I will sell at Public Auction to the highest     bidder at Babylon Town Hall, 200 E. Sunrise Highway,       Lindenhurst, NY. On June 4, 2007 at 9:00 AM Premises   known   as   6 Chestnut   Road,   North Amityville, NY ALL   THAT   CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings         and improvements thereon erected, situate, lying and being at North Amityville,     Town     of Babylon, County of Suffolk and State of New York, known   and   designated upon map entitled, "Map of Breslau Garden Plots, part of Section Number 1, made by J. Sammis, Surveyor," and filed in the Suffolk County Clerk's Office on May   17,   1881,   as   Map Number 72 as Lots 2 and 3 and the West 25 feet of Lot 1 in block 4. District: 0100   Section: 124.00   Block: 02.00   Lot: 067.000 As more particularly described           in the judgment of foreclosure and sale. Sold subject to all of the terms and conditions contained           in said judgment and terms of sale. Approximate amount of judgment $159,961.63 plus interest and costs. INDEX NO. 27774/2006 Marjorie E. Zuckerman, Esq., REFEREE 07-212   5/3, 10, 17, 24 NOTICE OF SALE SUPREME COURT: SUFFOLK                       COUNTY. NOVASTAR MORTGAGE, Pltf. vs. NORA LISANTI, et al, Defts.   Index #26928/ 2005.   Pursuant to judgment         of foreclosure and sale dated July 14, 2006, I will sell at public auction on the front steps of Babylon Town Hall, 200 East Sunrise             Highway,       No. Lindenhurst, NY on May 31, 2007 at 10:00 a.m. prem.   k/a   1518   Herzel Blvd., West Babylon, NY a/ k/a Section 138, Block 1, Lot 22.   Said property located         on the northerly side of Herzel Blvd., 200 ft. easterly       from the corner formed by the intersection of the easterly side of Fifteenth Ave. with the northerly side of Herzel Blvd., being a plot 100 ft. x 100 ft.   Approx. amt.   of   judgment   is $347,979.04 plus costs and interest. This is not a First Mortgage.   Sold subject to terms and conditions of filed judgment and terms of sale.         ROBERT     M. GARCIA,           Referee. DRUCKMAN & SINEL, LLP, Attys. for Pltf., 242 Drexel Ave., Westbury, NY. #69393 07-214   5/3, 10, 17, 24 NOTICE OF SALE SUPREME COURT: SUFFOLK           COUNTY AURORA   LOAN   SERVICES,             LLC., Plaintiff(s) vs. DAVID N. ORTIZ, et al., Defendant(s) Attorney (s) for Plaintiff (s): ROSICKI, ROSICKI & ASSOCIATES,                   P.C., 26 Harvester           Avenue, Batavia New York 14020 (585) 815- 0288 NOTICE OF SALE SUPREME COURT: SUFFOLK           COUNTY Chase Home Finance LLC, et al, Plaintiff(s) vs. Della Gause, et al, Defendant(s) Attorney (s) for Plaintiff (s): ROSICKI, ROSICKI & ASSOCIATES,                   P.C., 2 Summit Court, Suite 301, Fishkill New York 12524 (845) 897- 1600 Pursuant to judgment of foreclosure and sale entered         herein on or about December 11, 2006, I will sell at Public Auction to the highest bidder at Babylon Town Hall, 200 East Sunrise             Highway,       No. Lindenhurst, NY 11757. On June 13, 2007 at 10:00 AM Premises known as 55 Irving       Avenue, Wyandanch, NY 11798 ALL that certain plot, piece or parcel of land, situate, lying     and     being     at Wyandanch Station, Town of Babylon, Suffolk County, New York, known and designated           as and by lots numbered         83 to 86 inclusive in Block 23 as laid down on a certain map entitled, "Map of Colonial Springs, situate at Wyandanch Station, Town of Babylon, County of Suffolk, New York. Charles Strobmeyer, Jr., C.E. and City Surveyor No. 1472 Jefferson Avenue, Brooklyn,       New York, March 30, 1917 filed in the Suffolk County Clerk's Office as Map #223. District: 0100   Section: 058.00   Block: 01.00   Lot: 051.000 As more particularly described           in the judgment of foreclosure and sale. Sold subject to all of the terms and conditions contained           in said judgment and terms of sale. Approximate amount of judgment $126,484.08 plus interest and costs. INDEX NO. 06-13183 Pamela J. Greene, Esq., REFEREE 07-226   5/10, 17, 24, 31 NOTICE   IS   HEREBY GIVEN that a license number     1192105 for an on premises           liquor license has been applied for by the undersigned               to sell beer at retail       in an eating place under       the Alcohol Beverage Control Law at M.A.J. Bar & Grill Corp. located at 522-528         Broadway Amityville, NY 11701 for on premises consumption. 07-224   5/10, 17 STATE OF NEW YORK; THIRD           DISTRICT COURT:   COUNTY OF SUFFOLK _________x ULTIMATE RESEARCH, INC., PLAINTIFF -AGAINSTD     U   C   A   R   M   E   L LUZINCOURT, DEFENDANT, _________x STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) By virtue of a certain execution           issued upon a judgment         in the THIRD DISTRICT           COURT, COUNTY OF SUFFOLK, STATE OF NEW YORK, and to me directed               and   delivered against certain real property       therein described, I have seized all the right, title and interest which the Defendant, DUCARMEL LUZINCOURT, had on the 13th DAY OF OCTOBER, 2006 or any time thereafter,     of in and to the following       described property, to wit: ALL that certain plot, piece of parcel of land with the buildings and improve- Pursuant to judgment of foreclosure     and     sale granted herein on or about March 30, 2007, I will sell at Public Auction to the highest bidder at Huntington       Town Hall, 100 Main Street, Huntington, New York. On June 8, 2007 at 10:00 AM Premises known as 623 Old Country Road, Huntington Station, New York 11746 ALL   THAT   CERTAIN PLOT, PIECE OR PARCEL OF LAND, situate, lying and being at Dix Hills, Town   of   Huntington, County of Suffolk and State of New York. District: 0400   Section: 203.00   Block: 02.00   Lot: 098.000 As more particularly described           in the judgment of foreclosure and sale. Sold subject to all of the terms and conditions contained           in said judgment and terms of sale. Approximate amount of judgment $521,936.20 plus interest and costs. INDEX NO. 06-11923 Pamela Greene, Esq., REFEREE 07-225   5/10, 17, 24, 31 Notice of sale of 100 shares (50%) of stock for Kiddie Kab,   54   Brown   Blvd. Wheatley Hts, NY   11798 from Lisa Cornell to Ottis Petro on February 7, 2007 07- 236 5/17 ments thereon erected, situate, lying and being in the   Town   of   Babylon, County of Suffolk and State of New York, known and designated as Lot No. 68 on a certain map entitled, "Map of Half Hollow Hills at Babylon, Section 1, Town of Babylon-Suffolk County, New York" and filed in the Office of the Clerk of the County of Suffolk on February         25, 1964 as Map No. 3964 which said lot is more particularly bounded and described according to said map as follows: BEGINNING at a point of the   southerly   side   of Gloucester Drive at the extreme           easterly end of the arc of a curve connecting the   southerly   side   of Gloucester Drive with the easterly side of Conklin Avenue; RUNNINNNG THENCE south 72 degrees 50 minutes       40 seconds east along the   southerly   side   of Gloucester Drive 81.00 feet; THENCE south 17 degrees 09 minutes 20 seconds west 125.00 feet; THENCE north 72 degrees 50 minutes 40 seconds west 101.00 feet to the easterly side of Conklin Avenue THENCE north 17 degrees 09 minutes 20 seconds east along the easterly side of Conklin Avenue 105.00 feet to the extreme southerly end of the first above mentioned           curve; THENCE northerly and westerly along said curve bearing to the right having a radius of 20.00 feet a distance         of 31.42 feet to the southerly side of Gloucester Drive at the point or place of BEGINNING. Which I shall expose for sale by public vendue as the law directs on the 22ND DAY OF MAY, 2007 at 11:00 A.M. in the forenoon of that day in the Main Lobby,   County   Center (County     Road     51), Riverhead, and Suffolk County, New York. TERMS OF SALE: Payment by cash, certified check,   money   order   or Attorney's check.   At least Ten Percent (10%) down at conclusion of bidding, with the balance due no later than 4:00 P.M. of the next business   day.     NOTE: Down payment may be subject       to forfeiture if the balance       due is not paid by the due date. DATED AT RIVERHEAD, NEW YORK THIS   22ND   DAY   OF MARCH, 2007 VINCENT F. DEMARCO, SHERIFF SUFFOLLK   COUNTY, NEW YORK 07-140         3/22,   4/5, 19, May 3, 17 NOTICE   OF   PUBLIC HEARING BY THE TOWN OF BABYLON ACCESSORY     APARTMENT           REVIEW BOARD Pursuant to provisions of Local   Law   #   9   of   the Babylon Town Code, notice is hereby given that the Town of Babylon Accessory Apartment Review Board will hold a Public Hearing in the Town Hall, 200 East Sunrise           Highway, Lindenhurst, New York on Tuesday evening, May 22, 2007. Public Hearings begin     at 7:00 P.M. NEW APPLICATIONS: 1. Fiume, Domenic & Jennifer   930   12th   St.,   West Babylon, NY 11704 2. Galloway, Milton D.   59     E.     Smith     St., Amityville, NY 11701 3.Black,     Geoffrey     & DeSanctis, Beverly   1228   Jackson   Ave., Lindenhurst, NY 11757 4. Rainone, Michael & Virginia   43 Hunter Ave., North Babylon, NY 11703 5.DeMilto,         Michael &Yolanda   41 Hunter Ave., North Babylon, NY 11703 6. Balkunas, Lillian   420         45th         St., Lindenhurst, NY 11757 RENEWAL BY AFFIDAVIT 1. Ali, Liaquat   517   Secatogue   Ave., Farmingdale, NY 11735 2. Cutaia, Charles & Maria   225 W. 21st St., Deer Park, NY 11729 3. Maloney, Keith   199 August Rd., North Babylon, NY 11703 4. Dalbora, Joseph M. & Kristen   432 Herzel Blvd., West Babylon, NY 11704 5. Ercolino, Arthur Sr. & Dolores   320   17th   St.,   West Babylon, NY 11704 6. Davis, Walston & Erith   1070 America Ave., West Babylon, NY 11704 7. Messina Family Trust   c/o Messina, Salvatore, Trustee   114 Lexington Ave., West Babylon, NY 11704 8.Carbonetti,       Dean, Debbie   235 Amsterdam Ave., North Babylon, NY 11703 9.Woisin, Robyn D.   8   White   St.,   North Babylon, NY 11703 10.         Bastien, Martin& Carole C.   6   Ritter   Ave.,   No. Amityville, NY 11701 11.         Depalo, Dominick & Lucille   179 Lafayette St., Copiague,         NY 11726 12.         Palmieri, Oronzo   1     Rainbow     Lane, Lindenhurst, NY 11757 13.         Trezza, Louis & Anna Belle &   Trovato, Francine   360 Greenlawn Terrace, Copiague, NY 11726 14.         Ebbighausen, Harold & Noreen   309         49th         St., Lindenhurst, NY 11757 15.         Albornoz, Arnaldo   103 Arnold Ave., West Babylon, NY 11704 16.         Gabel, William J. & Janice E.   55 Muncy Ave., West Babylon, NY 11704 Printing Instructions: RENEWALS BY AFFIDAVIT       APPLICANTS ARE NOT REQUIRED TO APPEAR.           ALL CASES WILL BE HEARD IN THE ORDER         IN WHICH THEY ARE ADVERTISED. All   interested   persons should appear at the above time and place by order of Michael Johnson, Chairman,         Accessory Apartment Review Board, Town of Babylon,               North Lindenhurst,     Suffolk County, New York. Babylon Beacon: Thursday, May 17, 2007 07-230   5/17 PUBLIC NOTICE VILLAGE OF BABYLON BABYLON, NEW YORK PLEASE TAKE NOTICE the Final Tax Roll and Warrant         for   the   Village   of Babylon has been completed           for the 2007-2008 tax year. Taxes become due on June 1, 2007,   payable without penalty until July 2, 2007 (normally July 1st, however as it falls on a Sunday this year, payment may be made the next business       day without penalty) Payments are to be made at the Village Clerk/Tax Receiver's Office Monday through Friday 9am-5pm, except holidays, located at 153 West Main Street, Babylon, New York (or by mail- must have a   U.S. Postal postmark by July 2, 2007.   -Postage meter not accepted).   Payments received           after July 2, 2007 will accrue a 5% penalty immediately, pursuant to Real Property Tax Law Section       1432.   Taxes received after July 31, 2007 accrue an additional 1% penalty monthly thereafter until paid. Additional fees are added as of September 1, 2007.     The   Village   of Babylon may not accept payment of less than the full amount of taxes and interest due.   The collecting     officer must collect accrued           interest in accordance           with Real Property Law Section 1432 when delinquent taxes are paid. Patricia C. Carley Receiver of Taxes, Village of Babylon Dated: May 9, 2007 Babylon, New York 11702 07-231   5/17, 24 NOTICE TO BIDDERS The Board of Education of West Babylon Union Free School District of the Town of Babylon, Suffolk County, NY, popularly known as West Babylon School, (in accordance with Section 103 of Article 5-A of the General Municipal Law) hereby invvites the submission       of sealed bids for: TR-52 TRANSPORTATION BID FOR SPECIAL EDUCATION             FOR   2007-2008 SCHOOL YEAR for use in the West Babylon Schools.     Bids   will   be opened at 10:00am on June 12, 2007 in the Business Office of the West Babylon Schools locatted in the Junior     High School, 200 Old Farmingdale Road, West Babylon, NY at which time and place bids will be publicly       opened. Specifications and bid form packets can be picked up at the same address. All bids must be submitted on the form supplied in thhe bid packet. The Board of Education         reserves the right to reject all bids. Any bid submitted will be binding for 60 days (Sixty days) subsequent to the date of bid opening. Board of Education West Babylon UFSD Town of Babylon by Anthony Cacciola, Assistant         Superintendent for Finance 07 - 232       5/17 PUBLIC NOTICE NOTICE   IS   HEREBY GIVEN that the Zoning Board of Appeals of the Town of Islip will hold a public hearing on May 22, 2007 at the Town Hall, 655 Main Street, Islip, NY on the following applications at the times listed or as soon thereafter as they may be reached.   At such time all interested parties will be given an opportunity to be heard. Dated: May 8, 2007 Islip, NY Richard I. Scheyer, Chairman Zoning Board of Appeals 7:15     P.M.         (35672) RACHEL JOY TOSINI and PETER WAIDE - permission         to erect 2 one-story porch additions, one-story addition and second story addition to dwelling having side yard of 9.9 feet instead of 14 feet, total side yards of 27.7 feet instead of required           28 feet, leaving floor area ratio of 33.98% instead           of required 25%, RRes. B District, north side of Garden Place (#3), 60 feet west of Hemlock Lane, Bay   Shore,   NY   (0500- 392.00-02.00-016.000) 7:30 P.M. (35681) THEMIS M. BREWER - permission to   establish   accessory apartment pursuant to Islip Town Code Section 68- 602, Res. AAA District, east side of Thompson Drive (#921), 400 feet south of Bardolier Lane, Bay Shore, NY (0500-457.000-04.00- 004.000) 07-234       5/17 NOTICE TO BIDDERS The West Babylon Union Free School District would like to post the following notice.   The Board of Education         has declared the following           obsolete: BID # OB-128-07 Technology   equipment, Monitors, VCRs, Computers,       Pr To view the above contacs declared the following obsolete: BID # OB-128-07 Technology   equipment, Monitors, VCRs, Computers,       Printers, and a Television To view the above contact Diane DeBlasio, Master Technologist, between 9AM and 10AM. These items are being offered         to the public in "AS IN" condition and must be bid on in a "sealed bid envelope".                 Bids   will   be opened in the Business Office       at 200 Old bid on in a "sealed bid envelope". Bids will be opened in the Business         Office at 200 Old Farmingdale Road, West Babylon, NY 11704 at 9AM on June 19, 2007. Certified checks payable to the West Babylon Union Free School District will be accepted on all bids. All bid items must be removed from West Babylon Schools within five (5) working days   after the Board of Education awards the bid. West Babylon Union Free School District Anthony Cacciola, Assistant       Superintendent for Finance 200 Old Farmingdale Rd. West Babylon, NY 11704 07-233 5/17 NOTICE OF SALE SUPREME       COURT: COUNTY OF SUFFOLK - JPMORGAN       CHASE BANK,     N.A.     F/K/A JPMORGAN       CHASE BANK C/O CHASE HOME FINANCE, LLC, Plaintiff, AGAINST       LANCER JERMAN,     ET     AL., Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 8/1/ 2006, I, the undersigned Referee will sell at public auction at the Front Steps of Babylon Town Hall, 200 East Sunrise Highway, North Lindenhurst, New York, on 6/14/2007 at 10:00 AM, premises known as 4 EDMUNDS PLACE, COPIAGUE,                 NY 11726. All that certain plot piece or parcel of land, with the buildings and improvements             thereon erected, situate, lying and being at COPIAGUE, in the Town of BABYLON, County of Suffolk       and State of New York, Section, Block and Lot: 175.00-01.00-035.000. Approximate                 amount of judgment         $273,626.39 plus interest         and costs. Premises will be sold subject to provisions             of filed Judgment Index #23078/05. Deborah A. Harper, Esq., Referee, STEVEN J. BAUM, P.C., Attorney for Plaintiff P.O. Box   1291,   Buffalo,   NY 14240-1291 Dated: 5/8/ 2007 07-235   5/17, 24, 31, 6/7 NOTICE OF ADOPTION OF RESOLUTION NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Babylon, County of Suffolk, State of New York, at a regular meeting thereof held on the 9th day of May, 2007, duly adopted a resolution, an abstract of which is as follows: RESOLUTION NO. 300 MAY 9, 2007 ADOPTING AMENDMENTS TO THE UNIFORM CODE OF TRAFFIC ORDINANCES             WHEREAS, a Public Hearing was held at Babylon Town Hall, 200 East Sunrise Highway, Lindenhurst, New York, on the 9th day of May, 2007 at 3:30 p.m., on the question of the adoption of amendments to the Uniform Code of Traffic Ordinances, at which hearing       all interested persons so desiring were afforded an opportunity to be heard,             NOW, THEREFORE, be it             RESOLVED AND ORDAINED, that the amendments           to the Uniform Code of Traffic Ordinances, as set forth hereinbelow as Schedule "A", be and the same are hereby adopted effective immediately; and be it further             RESOLVED AND ORDAINED, that the Director     of Traffic Safety be authorized and directed to install, erect, remove or replace such signs or other traffic safety devices as may be required by these amendments or by the New York State Vehicle and Traffic Law; and be it further             RESOLVED, that the Notice of Enactment of said amendments be published forthwith in full in one of the official newspapers of the Town of Babylon. SCHEDULE "A" Chapter 2, Article IV, Section 2-8 [Traffic Regulations; Stop and Yield Intersections Designated] ADD to Schedule H:   Controlling Intersection                                               Hamlet Sign                   Traffic 41st Street at Pacific Street                         CO Stop                   East/West on 41st Street Atlantic Street at 41st Street                       CO Stop                   North/South on Atlantic                                                                 Street Chapter 5, Section 5-1 [Commercial Vehicles; Truck Exclusions] ADD to Schedule N: Name of Street                             Hamlet Limits Liberty Street                                             DP From Deer Park Avenue (NYS Route                                       231) to Burlington Avenue DATED:TOWN OF BABYLON             MAY 9, 2007 BY ORDER OF THE TOWN BOARD   TOWN OF BABYLON JANICE TINSLEY-COLBERT TOWN CLERK 07-237 5/17 PUBLIC NOTICES NOTICE OF ADOPTION OF RESOLUTION SUBJECT         TO PERMISSIVE REFERENDUM NOTICE   IS   HEREBY GIVEN, that the Town Board   of   the   Town   of Babylon, County of Suffolk, State of New York, at a regular meeting thereof held on the 9th day of May, 2007, duly adopted a resolution,           subject to a Permissive       Referendum, an abstract         of which is as follows: RESOLUTION NO. 362 MAY 9, 2007 AUTHORIZING THE SUPERVISOR                   TO EXECUTE A CONTRACT OF SALE FOR   THE   SALE   OF TOWN OWNED PROPERTY           KNOWN AS SCTM #0100-078.00-02.00- 044.00 & 048.008 AND THE PURCHASE OF PROPERTY KNOWN AS SCTM     #0100-040.00- 01.00-059.001 & 059.002             WHEREAS, the Town of Babylon is the owner in fee simple in and to certain real properties, including all buildings and improvements thereon, if any, known as the Northwesterly               Side of Straight Path, South of Booker Avenue,         West Babylon, New York, comprised of Lot number 48.008, in District 0100, Section 078.00, Block 02.00 and 1294 Straight Path, West Babylon, New York, comprised of Lot number 44, in District 0100, Section 078.00, Block 02.00 (the "PREMISES OF THE FIRST PART"); and             WHEREAS, JOE II REALTY CORP. desires to   purchase   the   PREMISES             OF THE FIRST PART; and             WHEREAS, JOE II REALTY CORP. is the owner in fee simple in and to certain real properties, including all buildings and improvements thereon, if any, known as 5 North 15th Street, Wheatley Heights, New York, comprised of Lot number 59.002, in District 0100, Section 040.00, Block 01.00 and 7 North 15th Street, Wheatley Heights, New York, comprised of Lot number 59.001, in District 0100, Section 040.00, Block 01.00 (the "PREMISES OF THE SECOND PART"); and             WHEREAS, the TOWN desires to purchase the PREMISES OF THE SECOND PART,             NOW,   THEREFORE,           be it             RESOLVED, that the Town Board of the Town of Babylon authorizes the Supervisor to execute a contract of sale for the sale of Town owned property known as SCTM #0100- 078.00-02.00-044.00   & 048.008 to Joe II Realty Corp. and the purchase of property known as SCTM #0100-040.00-01.00- 059.001 & 059.002 from Joe II Realty Corp. for a total consideration from the Town in the amount of One Hundred Thirty Five Thousand         ($135,000) Dollars; and be it further             RESOLVED, that the Supervisor be and is hereby authorized to execute           any and all documents           to effectuate the sale, purchase and transfer of deeds; and be it further RESOLVED, that this resolution           is subject to a permissive             referendum and the Town Clerk is hereby directed to publish notice of the adoption of this resolution       in an official newspaper     of the town. DATED: TOWN OF BABYLON   MAY 9, 2007   BY   ORDER   OF   THE TOWN BOARD TOWN OF BABYLON             J   A   N   I   C   E TINSLEY-COLBERT TOWN CLERK 07-238   5/17 NOTICE OF ADOPTION OF RESOLUTION NOTICE   IS   HEREBY GIVEN, that the Town Board   of   the   Town   of Babylon, County of Suffolk, State of New York, at a regular meeting thereof held on the 9th day of May, 2007, duly adopted a resolution,           an abstract of which is as follows: RESOLUTION NO. 369 MAY 9, 2007 GRANTING REZONING APPLICATION, JOB #04- 37AE, UNICORP   NATIONAL DEVELOPMENT, N/W/C/O     COMMACK ROAD & LONG ISLAND AVENUE, DEER PARK, NEW YORK, SCTM #0100-044.00-02.00- 006.000       THROUGH 009.000, 013.001, 014.011, 014.017, 014.019 & 015.000             W H E R E A S , Unicorp National Development,         (the "Petitioner") has heretofore petitioned this Board for a change of zone of certain property which is located   on   the   n/w/c/o Commack Road & Long Island         Avenue, Deer Park, New York, SCTM #0100- 044.00-02.00-006.000 through 009.000, 013.001, 014.011, 014.017, 014.019 & 015.000 from "H" Industry       and "C" Residence to "E" Business; and             WHEREAS,     a public hearing was held on said petition on the 20th day of June, 2006; and             WHEREAS, the Town Board as lead agency adopted a Negative Declaration           by Planning Board Resolution No. 253 of October     23, 2006; and             WHEREAS, this proposed change of zone conforms to the Town of Babylon Comprehensive Plan,             NOW,   THEREFORE,           be it             RESOLVED, by the Town Board of the Town of Babylon that Application #04-37AE for a change of zone from "H" Industry and "C" Residence to "E" Business         by Unicorp National Development, (the "Petitioner")             be and the same hereby is granted, and the Zone Map of the Town of Babylon be and the same hereby shall be amended to show the following described           property in "Schedule     A" attached hereto be changed from "H" Industry and "C" Residence to "E" Business subject to the following           conditions: 1. Subject to Zoning Board of Appeals granting any associated             variances. 2. Subject to NYSDEC approval           for any remediation required of the site. 3. Subject to SCDPW approval. 4. Subject to SCDHS approval           of a sanitary system. 5. The   developer/owner agrees to comply with all conditions of the SCDPW permit and shall complete all requirements and assume         financial responsibility     for same. The traffic mitigation measures as identified in the Traffic Study   and   subsequent documents must be followed.             In the event the SCDPW   requires   additional         off site mitigation for the project or modification of the existing proposed measures, all SCDPW requirements                     must be followed. 6. The   developer/owner must comply with the standard         offsite requirements imposed by the Town of Babylon Department of Public Works. 7. All buildings are to have fully automatic fire sprinkler       systems installed pursuant         to NFPA and Section 213-235 of the Town Zoning Code and shall comply with the NYSB and the NYSFP Codes. 8. Fire and smoke detection systems to be installed in all buildings in accordance with NFPA 72. 9.Water saving fixtures must be utilized. 10.         Mitigation measures         required in connection       with the site development         are as follows: a. Fugitive dust generation shall be controlled by appropriate                 means such as watering. b. Erosion control shall be utilized during construction. c. A rodent control plan will be implemented prior to construction in order to remove         rodent populations from the site. Additionally, the adjacent landowners will be notified prior to the commencement   of   construction. d. A fence along Nicolls Rd, shall be constructed and will remain during the construction               phase and no access       will be permitted from Nicolls Rd. e. Demolition and construction       will be conducted between         the hours of 7am and 8pm on weekdays and between         the hours of 9am and 4pm on Saturdays. No exterior construction will be permitted on Sundays, only interior construction. Construction               activities on the site shall be in strict conformance                 with Chapter 156-9D of the Noise Code of the Town of Babylon. f. During   construction, owner/applicant is responsible           to   sweep   access streets and keep the roadways         free of dirt and mud. 11.         Address number, building number or approved           building identification       to be placed in a position       clearly visible from the street. 12.         Details of the proposed         site lighting are to be provided to the Commissioner           of Planning and Development                 for approval. 13.         Owner to contribute       to the fund for the installation               of emergency vehicle       optical pre-emption at the Nicolls Rd. & Commack Rd. traffic signal.   Estimated           cost to be $8,500.00. 14.         Prior to clearing, a survey markout of the proposed           foundations   and driveways must be performed,             showing trees over 4" in diameter to be preserved.           An approval to proceed         to clear is required from the Planning Division. 15.         Subject to Suffolk County Water Authority approval and applicant/ owner agrees to any funding       for water system improvements                     that may be required in association with said development. 16.         Fire Department connections shall be installed           in accordance with Section 912 of the NYSFP Code. 17.         The owner/applicant       shall install Fire Hydrants           and Fire Zones as indicated on the approved site plan and at the approval             of both the Deer Park Fire District and the Town of Babylon Fire Marshal. 18.         Owner/applicant shall comply with all NYS regulations   for   handicapped           accessibility including,         but not limited to, handicapped ramps and handicapped     parking spaces. 19.         Should refuse pick up times not be sufficient or become inadequate, it is the applicants/owners responsibility                   to request additional             refuse pick ups. 20.         All traffic related signage to be in accordance with the NYS Manual of Uniform Traffic Control Devices (NYSMUTCD). 21.         The owner should apply, in writing, for the Center to be covered under Section 4-1 of the Town of Babylon Uniform Code of Traffic Ordinances for both Town Enforcement Officials         and Suffolk County Police Department to enforce         the traffic and parking     regulations within the Center. 22.         The     buildings shall be uniformly finished in appearance. 23.         Applicant/owner must obtain LEED certification. 24.         All site lighting must conform to dark-sky lighting regulations. 25.         Subject to compliance       with LIPA commercial construction program. 26.         Owner/applicant shall comply with the Town of Babylon Stormwater Code (Chapter 189). 27.         The     applicant shall obtain a building permit       within 180 days of final     approval. 28.         Owner/applicant agrees to pay for the cost (if any) of land required at the intersection of Deer Park Av. & Nicolls Rd. and the intersection of Long Island Av. & Deer Park Av. and to fund all improvements to facilitate an additional turn lane at each intersection. and be it further             RESOLVED, that the aforementioned change of zone shall not be effective       until there has been filed with the County Clerk of Suffolk County the following           Covenants and Restrictions               to run with the land, subject to the approval           of the Town Attorney: 1. No   exterior-mounted steel security gates or shutters       permitted. Only interior       mounted mesh type security gates permitted. 2. All site lighting to be contained           on site and shall conform to dark-sky lighting     regulations. 3. No truck idling will be permitted as outlined in 6NYCRR Part 217 [1/1], subpart 217-3 except as otherwise permitted by Section 217-3.3. The owner shall post a sign in the delivery           area "NO IDLING OF ENGINES, pursuant to 6NYCRR Part 217 [1/1]". 4. Filtering and/or odor control       equipment is to be installed,             maintained and used which will include, but not be limited to, electrostatic               precipitators on all discharge stacks, or equivalent methods and equipment approved by the Town, to remove cooking odors and smoke emanating       from food establishments,           if required by the Town. 5. Each owner/developer and each tenant shall keep its premises, buildings, improvements                   and appurtenances             in a safe, sightly, clean, neat and wholesome condition and shall comply in all respects with all governmental                 requirements. Each owner and tenant (where applicable) shall remove         at its own expense any rubbish or trash of any character, which may accumulate           on its property and shall keep, unlandscaped (including paved parking areas) and landscaped areas       neat and well maintained. 6. The   developer/owner agrees to policing entire site and street frontages within 200' of perimeter of property for any trade waste associated with the operation of the outlet center

including but not limited to circulars and plastic

bags. Landscaped areas shall be kept free of litter and debris at all times and periodically cleaned as necessary. 7. All landscaped areas to be supplemented with annual         flowers each Spring and in the Fall. 8. The developer/owner is responsible for maintaining       all site development improvements including, but not limited to the following:             fire and smoke detection           system, automatic fire   sprinkler   system, building, drainage, curbs, sidewalks, fencing, asphalt, landscaping, etc. 9. All signs to be uniform in regard to construction, size and location. All signs to be approved by the Planning Department prior to installation.           Sign permits shall be secured and maintained by the owner/developer and/or tenants. 10.         All     buildings, structures, signs, fences and landscaping shall be maintained in accordance with all applicable codes and ordinances of the Town of Babylon, and violations thereof may be prosecuted and enforced in the same manner     as     provided therein. 11.         No freestanding kiosks will be permitted. 12.         There shall be no live music, live entertainment,         cabaret, discotheque, or any other activity of similar nature. 13.         There shall be no arcades or other related activity permitted on the premises. 14.         No outdoor speakers     or paging systems. 15.         All noise generating     equipment on-sight including             but not limited to heating ventilation and air conditioning (HVAC), chillers,       refrigeration units and compressors shall operate in conformance with Chapter       156 Town of Babylon Noise Code.   In the event that any such equipment exceeds Chapter 156 standards           immediate steps shall be taken to mitigate those noise levels. 16.         As   a   minimum measure to reduce noise levels, applicant/owner to install sound insulation panels around all roof top air-conditioning   units, chillers and refrigeration units and sound insulation blankets around all airhandling               units as per Town of Babylon Department of Planning & Development. 17.         The use of inorganic         fertilizers, pesticides and herbicides shall be minimized as standard operating             procedure for the landscape maintenance of the site. 18.         There will be absolutely             no truck deliveries or entry onto the site by trucks between the hours of 10pm and 7am. Nicolls Rd. shall not be utilized for truck deliveries and will be posted   (with   the   Town Board   of   the   Town   of Babylon's approval) "NO THRU TRUCKING". 19.         Tractor trailer deliveries             to the site will be prohibited between the hours of 7am-9am and 4pm-7pm Monday - Friday. 20.         No further development             of the site that will require a parking variance. 21.         The   applicant/ owner has requested permission             to landbank 59 of 527 spaces provided. If landbanked parking is approved             by the Planning Board and the need for said parking arises in the future,         the owner/applicant agrees to install said parking     pursuant to town specifications             and the approved site plan.   The applicant/ owner shall construct additional           spaces, if the Planning         and   Development Commissioner of the Town of Babylon shall deem it necessary, due to overflow parking. and be it further             RESOLVED, that in case of any violation or attempted violation of any of the covenants by the owners or their lessees and failure of the owners to remedy any such violation within thirty (30) days after     written notice by the Town, the Town shall have the right, on its own motion and after notice, to rescind said change of zone and the subject premises shall revert       from "E" Business to "H" Industry and "C" Residence,           and be it further             RESOLVED, that the aforementioned rezone is hereby approved pursuant       to the findings and determinations                           annexed hereto; and be it further             RESOLVED, that if the owners hereto, or any of them, their lessees, their heirs, successors, or assignees     shall violate or attempt to violate any of the covenants             or conditions required           by the granting of this permit, it shall be lawful     for the Town of Babylon to prosecute any proceedings       at law or in equity, including             but not limited to enforcement by way of injunctive               relief; any remedies         chosen by the Town Board to enforce any covenant,           restriction or condition       herein shall be cumulative         and at the discretion of the Town Board as to how best to enforce such covenant, restriction or condition; the election of one method of enforcement shall not constitute a bar to electing any other method of enforcement permitted by law, and be it further,             RESOLVED, that the Town Clerk of the Town of Babylon be and hereby is authorized to publish a notice       of said change of zone in one of the official newspapers             of   the   Town   of Babylon. FINDINGS AND DETERMINATIONS The applicant, Unicorp National           Development, Inc. ("Unicorp") proposes the retail     redevelopment of a + 10 acre site located at the northwest     corner     of Commack Road and Long Island Avenue, Deer Park. The site is predominantly zoned Industrial "H" and partially zoned Residence "C".   Presently, the majority     of the property has been devoted   to   use   as   a junkyard and as a strip retail       establishment which supports a bar and OTB. Unicorp proposes rezoning the entire property to Business       "E" and seeks to completely                 remove     the junkyard, demolish the strip center, environmentally         remediate the property       and develop a new local     shopping center. The parcel to the west of the site on Long Island Avenue       is zoned Heavy Industrial       ("H"), the parcel across Nicholls Road is Residential       "C" and is currently utilized for baseball fields and not occupied by residences.             The Town has conducted           extensive review of the     application     and throughout the review process       has requested a number     of changes and amendments           to the original plan, all of which were consented to by Unicorp. Changes to the original plan include: i. Elimination of the proposed         gasoline service station; ii.Downsizing of square footage of retail space; iii.         Substantial   increase           in landscaping; iv.         Offsite roadway improvements; v. Increase in buffers along Nichols Road and to adjacent         properties   at   the north-west which includes preservation of trees together           with the addition of berms, landscaping and a screening wall; and vi.         Elimination of the bar and OTB from the proposed           local shopping center. The proposal does not require         any variance relief and has met and exceeded all parking requirements, providing 527 spaces (59 land banked) where 496 spaces are required. Further,   the   Planning Board, as Lead Agency has reviewed the proposed application               pursuant to the requirements of Section 617.7 State Environmental Quality Review (SEQR) and has considered the relevant           environmental impacts,         facts and conclusions disclosed in the Draft Environmental                   Impact Statement           ("DEIS") and has adopted a Negative Declaration           for the Application. The Negative Declaration indicates that the proposed Action was subject to a comprehensive, environmental             impact statement review that not only analyzed         the site specific impacts         of the projects, but also secondary off-site impacts           to local roadways within a reasonable distance           of   the   proposed project and identified mitigation           measures to reduce traffic impacts at affected roadway locations.   The traffic analysis included other proposed projects in reasonable proximity to the proposed redevelopment site. Unicorp will implement all traffic improvements as identified in relevant traffic     study and analysis including             additional mitigation       identified by the Town of Babylon Traffic Safety Division and SCDPW necessary           to adequately mitigate         traffic impacts from the project.   Unicorp will also contribute to the fund for the installation of emergency           vehicle preemption equipment and for traffic improvements in the area. Suffolk County Department           of   Public   Works (SCDPW) has reviewed and approved the application pursuant to Section 239f of the New York State General       Municipal Law.   The Town's Traffic Safety Division       has reviewed the site plan application and has no objection to rezoning. On May 2, 2007, the Suffolk       County Planning Commission             ("SCPC") reviewed the application and resolved         to disapprove the application.               The SCPC determined           that the subject parcel     is situated in an area which the SCPC asserts the Town has designated for "ultra light industrial" use. The Commission further asserted that the area should remain industrial. However, the Town finds that there have been many changes to the area and established uses surrounding     the subject parcel. Further,         the Code of the Town of Babylon does not establish       an "ultra light industrial"         zone as contemplated by the Planning Commission.         Moreover, the applicant       is making substantial traffic improvements both on and around the site and contributing or completing off-site improvements as well. Upon review of the proposed         project and in light of current and established conditions in and around the site, the Town has determined               that the proposed change of zone and redevelopment             of the site shall enhance         and upgrade the site from its current use. DATED:TOWN           OF BABYLON MAY 9, 2007 BY   ORDER   OF   THE TOWN BOARD TOWN OF BABYLON JANICE         TINSLEYCOLBERT TOWN CLERK 07-329 5/17