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
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