PUBLIC NOTICES
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
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