PUBLIC NOTICES

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 15th day of July, 2008, duly adopted a resolution, an abstract of which is as follows: RESOLUTION NO. 470 JULY 15, 2008 ADOPTING LOCAL LAW NO. 18 OF 2008 AMEND­ING THE CODE OF THE TOWN OF BABY­LON, CHAPTER 213, ARTICLE XVIII ZONING W HEREAS, the Town Board of the Town of Babylon having duly called and held a Public Hearing at Babylon Town Hall, 200 East Sunrise Highway, Lindenhurst, New York, on the 25th day of June, 2008 upon the question of enactment of Local Law No. 18 of 2008 of the Town of Babylon, Suffolk County, New York, being a Local Law amend­ing the Code of the Town of Babylon, Chapter 213, Article XVIII, Zoning; and W HEREAS, in accordance with Section 617.5 (c) (27) State Envi­ronmental Quality Review (SEQR), the Town Board of the Town of Babylon has determined that the pro­posed local law involves an action that has been determined not to have a significantadverse impact on the environment and no further action with regards to the State Envi­ronmental Quality Review Act (SEQRA) is required by the Town Board of the Town of Babylon, NOW , THERE­FORE, be it R ESOLVED AND ORDAINED, by the Town Board of the Town of Baby­lon that Local Law No. 18 of 2008, of the Town of Babylon, Suffolk Coun­ty, New York, is hereby enacted as follows and effective upon its filing with the New York State Department of State: LOCAL LAW NO. 18 of 2008 A Local Law amending the Code of the Town of Babylon, Chapter 213, Article XVIII in reference to Zoning. AMEND: §213-245. Exterior lighting standards. A. Purpose. 1. The general purpose of this article is to protect the environment, protect and promote the public health, safety and welfare, the quality of life, and the ability to view the night sky by establishing provi­sions and a process for re­view of exterior lighting. 2. This article establishes provisions for exterior lighting in order to accom­plish the following: a) To provide safe roadways for motorists, cyclists and pedestrians; b) To protect against direct glare and excessive light­ing; c) To ensure that sufficientlighting can be provided where needed to promote safety and security; d) To prevent light trespass in all areas of the Town; e) To protect and reclaim the ability to view the night sky; f) To allow the flexibility in the style of lighting fix­tures; g) To provide lighting guide­lines; h) To discourage the wast­ing of energy used to pro­duce excessive lighting; i) To provide assistance to property owners and occupants in bringing non­conforming lighting into conformance with this ar­ticle. j) To minimize the impact of stray lighting on human health, habitat and envi­ronment. B. Definitions. As used in this article, un­less otherwise expressly stated, the following terms shall have the meanings indicated: AREA LIGHT - A lumi­naire designed for illu­mination of a broad area. Area lights include, but are not limited to, streetlights, parking lot lights and yard lights over 1,800 (100 watts incandescent) lumens. AVERAGE HORIZONTAL FOOTCANDLE - The average level of illumi­nance for a given situation measured at ground level with the light meter placed parallel to the ground. ESSENTIAL LIGHTING - Lighting that is used for a specified period of time, which is necessary for a specific task or purpose while said task or purpose is actively being performed. This includes lighting that is necessary to promote public safety or facilitate public circulation. EXCESSIVE LIGHTING - Illuminance levels be­yond that which is required for safety, as is indicated on the Table of Limits of Illumination Levels (See Table 3 at the end of this chapter. EXTERIOR LIGHTING - Temporary or permanent lighting equipment that is installed, located or used in such a manner with the intention to cause light rays to shine outdoors. Luminaires located in­doors that are intended to light something outside are considered exterior lighting for the purposes of this article. FIXTURE (ALSO CALLED "LUMINAIRE") - The bulb, the assembly that holds the bulb (or lamp) in a lighting system, and the mounting apparatus, in­cluding reflecting elements, shielding elements, cover glass or lenses, the ballast, and the housing. FLOODLIGHT - A fixture rated to produce over 1,800 lumens (100 watts incan­descent), regardless of the number of bulbs, and is designed to flood an area with light. FOOTCANDLE (FC) - The American unit of il­luminance (the amount of light falling on a sur­face). One footcandle is approximately equal to the illuminance produced by a light source of one candle, measured on a surface one foot away from the source. Horizontal footcandles measure the illumination striking a horizontal plane. Footcandle values can be measured directly with certain handheld incident light meters. FULL CUTOFF (FCO) - A classification for a luminaire designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire. In addition, the luminous intensity (as measured in candelas) emitted at any angle from 80° up to 90° cannot exceed a numerical value equal to 10% of the lumen rating of the lamp, as reported in a photometric report from the manufacturer as pro­duced by an independent lab. A cutoff, or semi-cutoff, design allows a restricted amount of light emitted above the horizontal and a non-cutoff provides no restriction against light emitted above the hori­zontal. FULLY SHIELDED - A luminaire constructed, lamped, and installed in such a manner that all light emitted by it, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal. A full cutoff fixture is also fully shielded, but with­out any restrictions on light distribution below the horizontal plane, and it can be identified without a manufacturer's report. GLARE - Stray, unshield­ed light striking the eye that may result in: - A. Nuisance or annoyance, such as light falling across property lines; - B. Dis­comfort, such as bright light causing squinting of the eyes; - C. Disability, such as bright light re­ducing the ability of the eyes to see into shadows and visual performance; or - D. Distracting light which diverts the eye from a visual task. HID LIGHTING - A fam­ily of bulb types known as "high intensity discharge," including high-pressure sodium, mercury vapor, and metal halide. These types require a warm-up time, usually require a ballast, and have a higher lumen output per wan than incandescent or halogen lamps. HOLIDAY LIGHTING - Temporary lights used to celebrate holidays. Holiday lighting includes, but is not limited to, strings of small individual lights, illuminated menorahs, il­luminated nativity scenes, illuminated candles, and various yard decorations seasonal in nature. IESNA - Illuminating Engineering Society of North America (IES or IESNA), an organization that establishes updated standards and illumination guidelines for the lighting industry. IESNA RECOMMEND­ED PRACTICES - The publications of the IESNA setting forth illuminance levels for different task ar­eas, e.g., walkways, streets, sportslights, etc. ILLUMINANCE - The density of light falling on any point of a surface, usu­ally measured in footcan­dles in the United States. See "footcandle." LAMP - The generic term for an artificial light source, to be distinguished from the whole assembly (see "fixture"); commonly referred to as the "light bulb." LIGHT - The form of radi­ant energy acting on the retina of the eye to make sight possible. LIGHTING ASSEMBLY - Any or all parts of a luminaire that function to produce light, including the bulb, assembly, ballast, mounting features and/or pole. LIGHT POLLUTION - Any adverse effect of man-made light, including but not limited to glare, light trespass, skyglow, visual clutter, wasted energy due to excessive or unnecessary lighting, or any man-made light that unnecessarily di­minishes the ability to view the night sky or is disrup­tive to flora and fauna. LIGHT TRESPASS - Light projected onto the property of another or into the public right-of-way when it is not required or permitted to do so. LUMEN - A unit used to measure the actual amount of light that is produced by a bulb. The lumen quanti­fies the amount of light energy produced by a lamp at the lamp, not by the energy input, which is in­dicated by the wattage. For example, a seventy-five-watt incandescent lamp can produce 1,000 lumens while a seventy-watt high-pressure sodium lamp produces 6,000 lumens. Lumen output is listed by the manufacturer on the light bulb packaging. LUMINAIRE - The com­plete lighting assembly (in­cluding the lamp, housing, ballasts, photocells, reflec­tors, lenses and shields), including the support as­sembly (pole or mounting bracket); a light fixture. For purposes of determining total light output from a luminaire or light fixture, lighting assemblies which include multiple unshielded or partially shielded lamps on a single pole or standard shall be considered as a single unit. LUMINANCE - The brightness of a source of light. MOUNTING HEIGHT - The distance from natu­ral grade to the lowest light-emitting part of the luminaire. NON-CONFORMING LIGHTING - Lighting which does not meet the requirements and specifica­tions contained herein. NONESSENTIAL LIGHT­ING - Lighting which is unnecessary and not gener­ally useful (e.g., decorative and landscape lighting). This includes lighting in­tended for a specific task or purpose when said task or purpose is not being actively performed (e.g., parking lot illumination and wall-mounted perim­eter lights after business hours). PARTIALLY SHIELDED - A luminaire which is not fully shielded but in­corporates a partial shield around the lamp. PHOTOMETRICS - Tech­nical test reports that indi­cate light distribution and performance from a lumi­naire. Photometric reports may include candlepower distribution data, cutoff classifications,footcandle charts, etc. These are gen­erally available from the luminaire manufacturers. REPAIR OF A LUMI­NAIRE OR SIGN - Any service normally provided by a licensed electrician upon a luminaire or sign. Repair shall be considered to include replacement or modification of any of the following: poles, mounting arms, housings, hardware, wiring, ballasts, lenses, reflectors, diffusers, baffles,shields, sensors, switches, relays, power supplies, and lamp replacement modules which contain any of the items listed above. Replace­ment of a user-serviceable lamp will not by itself be considered a repair. SKYGLOW - The over­head glow from light emit­ted sideways and upwards, including light reflected upward from the ground or other surfaces. Skyglow is caused by the reflection and scattering of various forms of light by dust, water, and other particles suspended in the atmosphere. Among other effects, skyglow re­duces one's ability to view the night sky. Different sources of light, in equal quantities, can contribute differently to sky glow. TEMPORARY LIGHTING - Lighting that is intended to be used for a specific event and removed within seven days thereafter. UNIFORMITY RATIO (U RATIO) - A ratio that describes uniformity of il­luminance across an area. The uniformity ratio may be a ratio of the maximum-to-minimum illuminance or the average-to-minimum il­luminance. For example, if the Illuminating Engineer­ing Society recommends an average-to-minimum ratio of 4:1 for a parking lot, the minimum illuminance should be no less than 1/4 of the average illuminance across the parking lot. UNSHIELDED FIXTURE - A fixture which, as de­signed or installed, emits all or part of the light emissions above the low­est light emitting part of the fixture. C. Applicability; non­conforming lighting; excep­tions. 1. All exterior lighting, installed, replaced, altered, changed, repaired or re­located after the effective date of this article shall conform to the provisions established by this article except as provided hereto. 2. Existing exterior light­ing in conflict with this article shall be classified as "nonconforming." All exterior lighting existing or installed prior to the date of the adoption herein, which does not conform with the provisions of the article, shall be exempt, provided that the following require­ments are met: a) Upon adoption of this ar­ticle, with any installation, replacement, alteration, change, repair, or reloca­tion of any nonconforming luminaire, such luminaire shall be brought in compli­ance with the terms of this article. b) To the extent that preex­isting residential exterior floodlights can accommo­date lamps of a total of less than 1,800 lumens (100 watt incandescent), said exterior lighting shall be equipped with a lamp or lamps of a total of less than 1,800 lumens (100 watt incandescent) per fixture and, to the extent possible, be angled down­ward, such that the center beam is not directed above a forty-five-degree angle measured from the vertical line drawn from the center of the lamp to the ground, and so as not to cause glare, light trespass, or beam spread beyond the intended target or across property lines. Operable photocells, motion sensors, timers that allow a light to go on at dusk and off by 11:00 p.m., as well as retrofit shields are encouraged to alleviate nuisance and disability glare. 3. Exceptions. Any outdoor lighting, whether residen­tial, commercial, institu­tional and privately or publicly-owned, which is lawfully in existence prior to the effective date of this article shall be exempt from the provisions of this article under the following conditions: a) Unshielded residential luminaires. Unshielded residential luminaires equal to one sixty-watt incandescent lamp per fix­ture, regardless of number of lamps, are allowed, pro­vided light trespass limita­tions are met. b) Vehicular lights and all temporary emergency lighting needed by the fire, ambulance, police depart­ments or other emergency services are exempt. c) Residential sensor-ac­tivated luminaires, pro­vided: i. The luminaire is opera­tional and located in such a manner, or shielded, to prevent glare and light trespass; ii. The luminaire is set to only go on when activated and to go off within five minutes after activation has ceased; and iii. The sensor shall not be triggered by activity off the property. iv. The luminaire output, regardless of the number of lamps, does not exceed 1,800 lumens (100 watts incandescent). d) Illumination of signs permitted pursuant to the Town of Babylon, Chapter 213, Signs, and any amend­ments made hereto. e) In situations of lighted flags which are not illu­minated with "downward" lighting, upward lighting may be used in the form of a single ground-mounted nar­row cone spotlight which confines the illumination to the flag, provided the lu­men output is no more than 1,300 lumens, regardless of the number of lamps. The Town encourages the tradition of lowering flags at sunset to avoid the need for lighting. f) Lighting of radio, com­munication and navigation towers is allowed, provided the owner or occupant dem­onstrates that the Federal Aviation Administration (FAA) regulations can only be met through the use of lighting that does not com­ply with this article, and that the provisions of this article are otherwise met to the fullest extent possible. Tower lighting shall not be permitted unless required by the FAA; in which case, required lighting shall be of the lowest allowed intensity and red, unless specificallyforbidden under FAA re­quirements. Towers which are constructed no higher than 199 feet are preferable to avoid the need for FAA lighting. g) Installation and replace­ment of municipal street­lights which are designated as "historic" or are decora­tive in nature, if part of a continuous lighting design scheme where the replace­ment of the luminaire on a piecemeal basis with com­pliant luminaries would unacceptably degrade or destroy the aesthetic char­acter of the existing light­ing design. h) Existing luminaries used for lighting of municipal playing fields are exempt from the mounted height and shielding requirements of this article, provided that the lights are illumi­nated only when the field is in use. All new instal­lations shall use shielded luminaries that control light trespass, glare and upward light (sky glow). The maximum allowable upward light from the lu­minaire shall be five (5%) percent. i) Lighting used in the undertaking of emergency roadwork, or emergency repair or maintenance of utility lines, or of sewer or water mains shall be exempt. j) Lighting used for a spe­cial event either sponsored by or by virtue of a contract or permit with the Town of Babylon, or otherwise permitted to take place by the Town of Babylon. Such lighting may be installed up to seven (7) days before the event and shall be removed no later than three (3) days of the end of the event, un­less otherwise provided by the Town Board or other designated town officer. k) Lighting of monuments or memorials erected by or with the approval of the Town. l) Illumination of the Unit­ed States Flag. m) Where federal or state laws, rules or regula­tions take precedence. D. Placement and height of fixtures for resi­dential and nonresidential exterior lighting. 1. No residential or nonresi­dential luminaires shall be taller than 20 feet from the natural grade to the low­est light-emitting part of the fixture. Parking area lights are encouraged to be greater in number, lower in height and lower in light level, as opposed to fewer in number, higher in height and higher in light level. 2. All exterior lighting rated to be lamped at 1,800 lumens (100 watts incandescent) and greater shall use full cutoff lumi­naires, as determined by photometry test or certified by the manufacturer, and installed as designed with the light source directed downward. All exterior lighting 1,800 lumens (100 watts incandescent) and less shall use fully shielded fixtures and shall be in­stalled as designed. E. Illumination lev­els and prohibited effects for residential and nonresi­dential exterior lighting. 1. All residential and non­residential exterior light­ing shall not cause light trespass and shall protect adjacent properties from glare and excessive light­ing. 2. All lighting in the Town of Babylon shall not exceed recommended light levels as listed in Table of Il­lumination Limits, Table 3. Editor's Note: Table 3 is included at the end of this chapter (see Attachment 9). F. Illuminance and type of lamp for all nonresidential exterior lighting. 1. Permissible luminaire location and effects. a) No luminaire shall be located or concentrated so as to produce glare or direct illumination across the boundary property line, nor shall any such light be of such intensity as to cre­ate a nuisance or detract from the use and enjoy­ment of adjacent property. See Table 1 and Table 2 for setback, height, and maximum light output recommendations for guid­ance. Editor's Note: Tables 1 and 2 are included at the end of this chapter (see Attachment 9). b) The maximum illumi­nance at or beyond the property line that adjoins a residential parcel or public right-of-way may not ex­ceed 0.05 fc horizontal on the ground or 0.05 fc verti­cal measured at a five-foot height above the ground, unless another applicable law supersedes. Maximum horizontal or vertical illu­minance allowed between adjacent commercial prop­erties is 0.1 fc. 2. Permissible levels of il­luminance. a) The average illuminance levels listed in the Illumi­nation Levels for Various Common Tasks, as pro­vided in Table 3, Editor's Note: Table 3 is included at the end of this chapter (see Attachment 9). shall not be exceeded for nonresidential exterior lighting unless otherwise specified or ap­proved by the Zoning Board of Appeals. b) The Town of Babylon rec­ognizes that not every situ­ation will require lighting, including situations which may utilize the installation of reflectorized markers, lines, signs or other pas­sive means, and excessive or unnecessary light shall be avoided. c) Illuminance level mea­surements for parking lots, sidewalks, and other walkways shall include light contributions from nearby side-mounted build­ing lights, freestanding sidewalk lights affected by side-mounted building lights, and streetlights. d) In no instance may any lighted surface, as installed, exceed the maxi­mum values listed in Table 3 for the appropriate task, as measured horizontally or vertically by a light meter. 3. High-pressure sodium, compact fluorescent, or low-pressure sodium shall be used for all light sources rated over 1,800 lumens (100 watts incandescent). Metal halide (MH) rated over 3,000K and mercury vapor (MV) light sources are not permitted. G. General standards for nonresidential exterior lighting. 1. All exterior lighting shall be designed, located, and lamped in order to pre­vent: a) Overlighting; b) Energy waste; c) Glare; d) Light trespass; e) Unnecessary skyglow; f) Interference with pedes­trian or vehicular travel on streets, roadways and highways; and g) A public hazard or nui­sance. 2. All nonessential exterior lighting shall be turned off within one (1) hour after the close of business or the end of the activity and no later than 11:00 p.m. for those businesses that are closed to the public on or before 9:00 p.m. Lights that are controlled by photocells and timers are encouraged, as is the use of sensor-activated lights to replace existing lighting which may be needed for safety or emergency purposes. 3. Under-canopy lights, such as service station lighting, shall be full cut­off and fully recessed to prevent glare and light trespass. Illuminance lev­els at gas stations shall not exceed those established in Table 3. Editor's Note: Table 3 is included at the end of this chapter (see Attachment 9). 4. Area exterior lights. All area exterior lights shall be full cutoff luminaries. 5. After the adoption of this article, no person, firm, owner, tenant, person in possession, partnership, corporation or other busi­ness entity shall install, replace, relamp, or repair any luminaire that lights a public right-of-way within the Town of Babylon, under the Town's jurisdiction, without first receiving a building permit for such installation from a Build­ing Inspector. 6. Automatic teller machine (ATM) and other bank lighting shall be full cutoff and shall not cause glare or light trespass. Light levels shall not exceed those es­tablished by the New York State ATM Lighting Law as enacted in 2006. 7. Unshielded wall packs and floodlights are prohib­ited. H. Procedures for review of nonresidential exterior lighting. 1. Any application sub­mitted to the Department of Planning & Develop­ment, Building Division of the Town of Babylon shall include exterior lighting plans, luminaire and con­trols specifications and additional documentation if any exterior lighting is to be used, regardless of whether the exterior lighting is preexisting or proposed, showing the fol­lowing, in order to verify that exterior lighting con­forms to the provisions of this article: a) Location of each cur­rent and proposed outdoor exterior lighting fixture indicated on a site plan. b) Type of proposed lumi­naire equipment, includ­ing cutoff characteristics, indicating manufacturer and model number. c) Lamp source type, lumen output, and wattage. d) Mounting height indi­cated, with distance noted to nearest property line, for each proposed and existing luminaire. e) Shielding and all mount­ing details, including pole foundation description. f) Initial illuminance levels as expressed in footcandle measurements on a grid of the site showing foot­candle readings in every five-foot square. The grid shall include light contribu­tions from all sources (i.e., pole-mounted lights, wall-mounted lights, and signs, including streetlights). g) Schedule of the proposed hours when each luminaire will be operated. h) Total exterior lighting lamp lumens for proposed property. i) Lighting manufacturer specifications("cut sheets") with photographs of the fixtures, indicating the cutoff characteristics of the luminaire. j) Detailed IES formatted photometric data for each fixture at mounting height and lumens proposed. (Note: This is computer-generated data which is supplied by all manufac­turers, describing the light output of a fixture, upon which lighting plans are based. This will allow the Planning Department to fully assess the suitability of a fixture in a lighting plan, should they wish to double check the submis­sion.) k) Types of timing devices used to control on/off or motion sensors, if any are to be used. l) If necessary, documenta­tion by a licensed lighting engineer showing that the provisions can only be met with a design that does not comply with this article. 2. No exterior lighting shall be installed, replaced, al­tered, changed, repaired, relocated, enlarged, moved, improved, or converted un­less it conforms to a light­ing plan approved by the Department of Planning & Development, Building Division of the Town of Babylon. 3. The following guidelines will be made available to applicants to facilitate compliance: a) Illustrations of full cutoff and full shielded fixtures. b) Diagrams of generally ac­ceptable and generally un­acceptable light fixtures. c) Diagrams of recommend­ed fixture placement in relation to the property line to control light trespass. d) Table for mounting height and maximum light output recommendations. e) Table of limits of illumi­nation targets for various common tasks, including parking lots, gas stations, walkways, and signs. I. Guidelines for Exterior Lighting. The Guidelines for Exterior Lighting as set forth at the end of this article, and any amendments thereto, are hereby incorporated and made part of this article. J. Illegal exterior lighting. 1. Any Building Inspec­tor shall cause a notice of such violation to be served on the owner or person in possession of the building, structure or lot where said exterior lighting is located or the lessee or tenant of the part of or of the entire building, structure or lot where said exterior lighting is located requiring such owner, person in posses­sion, lessee or tenant to remove such illegal exterior lighting within 30 days. Such notice may be served personally or by certified mail, return receipt re­quested, and shall notify the owner, lessee or tenant that the failure to remove said exterior lighting may result in the issuance of an appearance ticket and/or an action in Supreme Court seeking the removal of said exterior lighting. 2. Any person, firm, owner, tenant, person in posses­sion, partnership, corpo­ration or other business entity who fails to comply with a written order of the Building Inspector of the Town of Babylon within 30 days from the date of notice or fails to comply with any lawful order, notice, direc­tive, permit or certificateof the Building Inspector made hereunder shall be deemed in violation of this article. Failure to comply may result in actions and proceedings, either legal or equitable, to enjoin, restrain or abate any viola­tion of this article. K. Prohibited acts. It shall be unlawful for any person, firm, owner, ten­ant, person in possession, partnership, corporation or other business entity to install, alter, repair, move, equip, use or maintain any exterior lighting in viola­tion of any of the provisions of this article, or to fail in any manner to comply with a notice, directive or order of the Building Inspector of the Town of Babylon. L. Penalties for offenses. 1. Residential exterior lighting. Violation of any of the provisions of this article by any person, firm, owner, tenant, person in posses­sion, partnership, corpora­tion or other business entity related to residential exte­rior lighting shall be guilty of a violation, punishable by a fine not exceeding $250 or imprisonment not to exceed 15 days, or both; a person, firm, owner, ten­ant, person in possession, partnership, corporation or other business entity who violates this article, after being convicted of a viola­tion of this article within the preceding year, shall be guilty of a violation, punishable by a finenot to exceed $500 or imprison­ment for a period not to exceed 15 days, or both; a person, firm, owner, ten­ant, person in possession, partnership, corporation or other business entity who violates this article, after being convicted two or more times of a violation of this article within the proceed­ing three-year period, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 and/or imprisonment for a period not to exceed 30 days. 2. Nonresidential exterior lighting. Violation of any of the provisions of this article by any person, firm, owner, tenant, person in possession, partnership, corporation or other busi­ness entity related to nonresidential exterior lighting shall be guilty of a violation, punishable by a fine not exceeding $500 or imprisonment not to exceed 15 days, or both; a person, firm, owner, ten­ant, person in possession, partnership, corporation or other business entity who violates this article, after being convicted of a viola­tion of this article within the preceding year, shall be guilty of a violation, punishable by a finenot to exceed $1,000 or imprison­ment for a period not to exceed 15 days, or both; a person, firm, owner, ten­ant, person in possession, partnership, corporation or other business entity who violates this article, after being convicted two or more times of a violation of this article within the proceed­ing three-year period, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $3,000 and/or imprisonment for a period not to exceed 30 days. M. Severability. If any clause, sentence, paragraph or section of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair or invalidate the remainder hereof, but such adjudication shall be con­fined in its operation to the clause, sentence, paragraph or section directly involved in the controversy in which judgment shall have been rendered. DATED: TOWN OF BABY­LON JUL Y 15, 2008 BY ORDER OF THE TOWN BOARD TOWN OF BABYLON CAROL QUIRK TOWN CLERK 08-456 7/24 ASSESSOR'S OATH (Pursuant to Section 514 of the Real Property Tax Law) STATE OF NEW YORK ) COUNTY OF SUFFOLK) TOWN OF BABYLON ) I, the undersigned, do de­pose and swear that, to the best of my knowledge and belief, the foregoing final assessment roll conforms in all respects to the tentative assessment roll with the exception of changes made by the Board of Assessment Review and assessments made by the State Board of Equalization and As­sessment. Michael J. Bernard, IAO Sole Assessor Town of Babylon Sworn to before me this 14 day of July 2008 Commissioner of Deeds or Notary Public MARIANNE LEARY Notary Public State of New York No. 52-4671392 Qualified in Suffolk Coun­ty Commission Expires Janu­Mr. D's Moving & Storage, Inc. 711-4 Koehler Avenue - Ronkonkoma, NY 11779 Tel: (631) 471-2700 - Fax : (631) 471-6498 Auction Date 8/8/08 1- Maxine Sewell 450 Molloy St. Copiague, N.Y. 11726 2- John Wheeler 456 N. Atlantic Ave. North Massapequa, NY 11758 3- Roni Woodridge 39 Ampress Plaza Amityville, N.Y. 11701 4- Darcell McKinnie 326 Rail Rd Ave Center Moriches, N.Y. 11934 5-Kayla McGuinness 79 Marshall Ave Brentwood, N.Y. 11717 6-Julieta Rivera 14 Henderson Pl. Brentwood, N.Y. 11017 7-Melissa Lanuto 107 Storm Dr. Holtzville, N.Y. 11742 8-Linda Marinelli 1502 Little East Neck Rd Wyandanch, N.Y. 11798 9-Joycelyn Jackson 1720 Stein Dr. North Bay Shore, N.Y. 11706 10-Arlene Caris 763 South Country Rd E. Patchogue, N.Y. 11772 11-Olivia Coleman 15 Herber Ct Mastic, N.Y. 11950 12-Farrah Allen P.O. Box 493 Wheatly Heights, N.Y. 11798 13- Jean Marquez 99 Waverly Ave Apt 6M Patchogue, N.Y. 11772 14- Tina King 22 Rector Ct Greenlawn, N.Y. 11740 15-Juanita Smith 17 Wilson Ave Middle Island, N.Y. 11953 Auction Date 1- Shirley Allen 9 Mindres St. Brentwood, N.Y. 11717 2- Stephanie Nash 69 Phillips St. Riverhead, N.Y. 11901 3- Steve Morrison 10 Carol Ln. Mastic Beach, N.Y. 11951 4- Rebecca Aufiero 3814 Lester Dr. Columbia, SC 29203-6740 5-Jessica Rosaria 140 Shinnecock Ave Mastic, N.Y. 11950McELWEE, PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Islip will hold a public hearing on Tuesday, July 29, 2008 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: July 19, 2008 Islip, NY Richard I. Scheyer, Chair­man Zoning Board of Appeals 7:00 p.m. - MICHAEL JR. and MARY ELLEN McELWEE - per­mission to leave pool deck having side yard of 5.3 feet instead of required 10 feet, to leave shed having side yard of 2.1 feet instead of required 4 feet, Res. A Dis­trict, north side of Gerek Avenue (#19) 241.72 feet west of Udall Road, West Islip, NY (0500-414.00-01.00-109.000) 7:15 p.m. - MICHAEL R. KALISKI and GEOR­GETTE JANNACE KAL­ISKI - permission to leave one-story addition having side yard of 8.4 feet in­stead of required 14 feet, to leave shed with side yard of 3.2 feet and rear yard of 3 feet instead of required 4 feet each, all having floor area ratio of 26.4% instead of permit­ted 25%, Res. A District, west side of Hyman Avenue (#1126), 150 feet north of Runyon Street, Bayshore, NY (0500-390.00-01.00-090.000) 7:30 p.m. - DEAN T. POUPIS and JENNIFER BROWN - permission to leave front portico to dwelling, to leave 2 sheds: Shed #1 - having building separation of 1 foot instead of required 6 feet; Shed #2 - having side yard of zero feet instead of reuqired 4 feet, all having floor area ratio of 38.2% instead of permitted 25%, to leave pool patio having side yards of 2 feet instead of required 6 feet each, all decks and patios having rear yard occupancy of 74.9% instead of permitted 25%. Res. A District, north side of Dolphin Lane (#15), 203.72 feet east of Cedar Point Drive, West Islip, NY (0500-478.00-04.00-048.000) 08-461 7/24