JULIE LANE PHOTO | Renovations and expansion at Herrmann’s Castle were approved by the ZBA last November with dark skies provisions that would go into effect during reconstruction and remain in effect permanently. The application is pending with the Town Board for final approval before any work could begin.

Shelter Island Zoning Board of Appeals want a proposed new dark skies law to carry penalties that will ensure compliance.

Several recent Shelter Island ZBA application approvals have included requirements that projects be “dark skies” compliant, but the town hasn’t yet adopted a lighting policy that spells out the details, Town Attorney Laury Dowd said at a ZBA meeting on February 27.

She shared a draft of a law she’s proposing to the Town Board and asked for ZBA input that she can present at an upcoming work session.

Her draft tries to avoid technical language while getting at the heart of what needs to be done to ensure  lighting on commercial and residential property not only won’t disturb neighbors, but allows a view of the night sky unimpeded by lights from the ground. The draft calls for  fully shielding fixtures in such a way that they directly diffuse the glow or indirectly reflect it downward. Fixtures or lamps failing to meet requirements couldn’t be sold on Shelter Island, although there would be no way to stop people from purchases made elsewhere.

There would be exemptions for various reasons, including public rights of way or easements specifically designed to light streets and roadways; temporary theatrical or television performances staged on the Island; underwater swimming pool lights; individual lamps of less than 10 watts or 70 lumens; or emergency lighting.

While existing structures would be grandfathered in, any changes to them requiring a town permit would result in the need for modifications to meet the dark skies provisions. Any modifications to buildings resulting in additions or modifications of 25 percent or more of the gross floor area or parking area would also trigger the dark skies provisions.

If the proposal were passed as written, violators would pay between $100 and $500 per violation as well as paying the cost of prosecution, including the attorney fees.

Each day the violation continues after notification to a property owner would constitute a separate offense, resulting in separate fines.

That was critical to ZBA members who wanted to assure the law would have “enough teeth,” ZBA chairman Doug Matz said.

“It has to bite and for many people $100 or even $500 doesn’t bite,” member Patricia Shillingburg said. “Everybody should be able to see the stars,” she said.