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Babylon Village pulls public tower project Following significant public outcry, the Babylon Village Board announced last week that it was pulling a proposal to put up a cellular communications tower on Village-owned property at Lewis Pond Circle. In the announcement, Mayor Ralph Scordino said the board had heard from more than 100 residents who voiced their concerns about potential hazards to children playing in the park, diminution of property values based on esthetics, flooding and lighting. Residents were also angry saying they had not received adequate notification of the plan., "Accordingly, the Village will not go forward with the possibility of cell tower construction at Lewis Pond," said the Mayor. "In the future, for any public hearing pertaining to Village property, a sign will be posted on the property and a legal notice will be published in the Beacon Newspaper." Scordino said the hearing, held last month gave the board the opportunity to advise the residents that the federal statute governing the placement of all towers "was dictatorial and superseded local zoning." "If the Village cannot provide sites and produce revenue for all the residents of the Village of Babylon, then private enterprise will take over," he said. In fact, an application to put up a cellular communications tower on private property had already been filed by Degarmo Marine at 21 Post Rd., Babylon. Scordino said that application is going through the legal process, is being reviewed by the planning board and will eventually come to the Village Board for a decision. The Village is limited by federal law in making a final determination. It cannot deny a tower on the basis of health concerns or "zone" them out of the Village. Communications companies that can show they need a specific area of coverage for cellular consumers are protected under the federal law. In other business, the owners of the newly renovated Lily Flanagan's restaurant and bar have have been approved for use of the second story of their building at 345 Deer Park Avenue for catered parties. A public hearing on the application came before the board last month and drew concerns from some residents who asked that the applicant be required to demonstrate that it can be a good neighbor by limiting noise, litter and congestion near the building and in its parking lots before receiving approval. "I recognize the efforts that they (the owners) have made to date to address the noise and crowd control," Kevin Timson of Simon Street told the board. "However it has come at a cost to me of many sleepless nights with no guarantees that it will stay that way." Timson asked that the board postpone considering the application until January to give the applicants the opportunity to show the Village, and their neighbors, that they can operate the business in a nuisance-free manner. He said that while there have been improvements in the operation of the business over the past several months, he has documented at least 15 incidents in which patrons of the bar-restaurant have acted in such a way as to reduce the quality of life of the nearby residents. Those included incidents of congregating, drunk driving, and loud music. "Words cannot describe the sense of anxiety that living near this establishment has caused me," he said. The owner, Niall Crowe, said he wants to cater to parties of up to 100 people (80 with a DJ), in response to what he said is a growing demand within the community for a place to have breakfast and luncheon meetings, and other smaller parties, such as bridal and baby showers. "We have been asked to provide this kind of space to families who want a place to have breakfast or lunch after a funeral and to organizations such as the Rotary and Lions clubs who need a place to meet regularly," he said. "There is a need in this community for this kind of facility." While no one testified that they wanted the Village to reject the plan outright, the call was for caution. Susan Shahnamian, who said she spoke on behalf of some of the residents at Village Commons, said she was concerned about loud music and did not want to see the use of a PA or sound system in the building. "I think this issue has to be addressed, and while they (the owners) have done some things to alleviate it, the noise levels have to be monitored," she said. Parking was also an issue with Mayor Ralph Scordino questioning the owners in detail about their plans to accommodate up to 100 people more in the building. The owners presented the board with letters showing that they had lease agreements with the nearby bank and with the owners of another property north of the tracks. In total, they will have 200 parking spots. The current occupancy of the building is for 494 people and Village code requires one parking space for every three occupants, so the application meets Village requirements for parking. Resident and attorney Joseph Hubbard of 619 Deer Park Avenue told the board that the application should be approved. He pointed out that the building has been used for a pub for more than 40 years and is the only one within the Village with its own private parking lot. He added, that another local restaurant, the Carriage House, has a second floor room for catering, and has limited parking. "There have been many improvements in the Village recently and I compliment the board for encouraging development in this Village," he said. This application will help to ensure that this Village is prosperous." In making its decision, the Village set down a number of restrictions to address the concerns of residents. They are: •seating is limited to 80 patrons; •the only music for the second floor must be self-contained, ipod/radior or ad D.J. for private parties; •second floor service must terminate by 11 p.m. •no cooking on the second floor •adequate soundproofing so that the music does not emanate from the building, disturbing the residential neighbors •parking must be coordinated and valet service form a location on the west side of Deer Park Avenue is not permitted. Finally, the Village is requiring that garbage removal must be closely monitored and that the area is maintained clean and litter free.
The next village board meeting is Nov. 27.
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