Weekly Feature



2018-04-19 / Legal Notices

Public Notices

email: legals@beenews.com • West Seneca legal deadline Friday at 4 pm.

— LEGAL NOTICE —

NEW LLC FORMED

1389 UNION ROAD LLC; Filed 04/11/18; Address 1395 Union Road, Buffalo, Erie Co., NY; Service SSNY w/copy to LLC; General Purpose.

Apr. 19, 26; May 3, 10, 17, 24

— LEGAL NOTICE —

NEW LLC FORMED

1395 UNION ROAD LLC; Filed 04/11/18; Address 1395 Union Road, Buffalo, Erie Co., NY; Service SSNY w/copy to LLC; General Purpose.

Apr. 19, 26; May 3, 10, 17, 24

— LEGAL NOTICE —

NEW LLC FORMED

1500 CONSTRUCTION SERVICES LLC; Filed 04/04/18; Address 1500 Union Road, West Seneca, Erie Co., NY; Service SSNY w/copy to LLC; General Purpose.

Apr. 19, 26; May 3, 10, 17, 24

— LEGAL NOTICE —

The Bread Box LLC Articles of Organization filed with Secretary of State of New York on 3/27/2018. Office in Erie County. SSNY is designated agent of LLC upon whom process against it may be served. SSNY shall mail to copy of process to 2030 Clinton St., Buffalo, NY 14206. Purpose: Bakery.

Apr. 12, 19, 26; May 3, 10, 17

— LEGAL NOTICE —

Notice of formation of TRINITY HEALTH & WELLNESS, LLC Arts. of Org. filed with the Sect'y. of State of NY (SSNY) on 3/28/2018. Office location, County of Erie. SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail process to: Kelly L. Bish, 145 Broadway St., West Seneca, NY 14224. Purpose: any lawful act.

Apr. 5, 12, 19, 26; May 3, 10

— LEGAL NOTICE —

BFLO Rental Properties LLC

Notice of Formation of Limited Liability Company. Name: BFLO Rental Properties LLC. Articles of Organization were filed with the SSNY on 02/09/2018. Office Location: Erie County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail copy of process to the LLC at: 3814 Windover Drive, Hamburg, NY 14075; Attn: Daniel Byles-Smith. Purpose: Any lawful activity.

Apr. 5, 12, 19, 26; May 3, 10

— LEGAL NOTICE —

GSNC Properties, LLC. Art. of Org. filed with the SSNY on 3/16/2018. Office: Erie County. SSNY designated as agent of the LLC upon whom process against it may be served. SSNY shall mail copy of process to the LLC, 3730 Horton Avenue, Buffalo, NY 14219. Purpose: Any lawful purpose.

Mar. 29; Apr. 5, 12, 19, 26; May 3

— LEGAL NOTICE —

Notice of formation of Macks Property Pro LLC, a domestic Limited Liability Company (LLC); Articles of Organization filed with the Secretary of State of New York on February 22, 2018. New York office location: Erie County. Secretary of State is designated as agent upon whom process against the LLC may be served. Secretary of State shall mail a copy of any process against LLC served him/her to: United States Corporation Agents, Inc Suite 202, 7014 13th Avenue, Brooklyn, N.Y. 11228. Purpose: to engage in any lawful act or activity.

Mar. 15, 22, 29; Apr. 5, 12, 19

— LEGAL NOTICE —

ESTOPPEL NOTICE

The resolution published herewith has been adopted on March 12, 2018 and the period has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. The validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of West Seneca, Erie County, New York is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the Constitution.

Jacqueline A. Felser, Town Clerk

Town of West Seneca

Erie County, New York

At a regular meeting of the Town Board of the Town of West Seneca, in the County of Erie, New York, held at Town Hall, 1250 Union Road, West Seneca, New York 14224 on March 12, 2018

PRESENT: Sheila M. Meegan, Supervisor

William P Hanley Jr., Councilman

Eugene P. Hart, Councilman

ABSENT: None

The following resolution was offered by Supervisor Meegan, who moved its adoption, seconded by Councilman Hanley, to-wit: BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF WEST SENECA, ERIE COUNTY, NEW YORK, AUTHORIZING ADDITIONAL FINANCING FOR PARTIAL RECONSTRUCTION OF AND CONSTRUCTION OF AN ADDITION TO THE PUBLIC LIBRARY BUILDING; ESTIMATING THAT THE TOTAL COST THEREOF IS $13,387,921; APPROPRIATING SAID AMOUNT THEREFOR; AND AUTHORIZING THE ISSUANCE OF $1,900,000 SERIAL BONDS OF THE TOWN TO FINANCE A PORTION OF SAID APPROPRIATION, IN ADDITION TO THE $8,432,045 PREVIOUSLY AUTHORIZED AND APPLICATION OF $1,430,759 OF ENERGY PERFORMANCE CONTRACT FUNDING AND $1,621,917 GRANT FUNDS RECEIVED OR EXPECTED TO BE RECEIVED FROM THE STATE OF NEW YORK TO BE EXPENDED TOWARDS THE COST OF SAID OBJECT OR PURPOSE OR REDEMPTION OF THE TOWN’S OBLIGATIONS ISSUED THEREFOR, OR TO BE BUDGETED AS AN OFFSET TO THE TAXES FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS

WHEREAS, the Town Board of the Town of West Seneca (the "Town") has authorized the partial reconstruction of and construction of an addition to the Public Library building at 1300 Union Road (the “Project”); and

WHEREAS, the Town Board has heretofore duly authorized the issuance of $8,432,045 bonds and application of $1,400,000 of energy performance contract funding and any grant funds expected to be received from the State of New York to finance the cost of the Project, pursuant to the Bond Resolution adopted May 23, 2016; and

WHEREAS, the Town Board now wishes to revise the plan of financing, appropriate additional funds for the Project and authorize the issuance of additional Towns serial bonds or bond anticipation notes to finance said appropriation.

NOW, THEREFORE, THE TOWN BOARD OF THE TOWN OF WEST SENECA, ERIE COUNTY, NEW YORK HEREBY RESOLVES (by the affirmative vote of not less than two-thirds of all the members of such body), AS FOLLOWS:

SECTION 1. The Town is hereby authorized to issue up to $1,900,000 principal amount of serial bonds pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to provide additional financing for the partial reconstruction of and construction of an addition to the Public Library building at 1300 Union Road, including (i) renovation of the existing approximately 8,100 square feet library space to house community recreation and support space along with storage space, new restrooms and renovated mechanical rooms; (ii) addition of approximately 22,500 square feet of newly constructed space to house new library and support services, a maker space and study rooms, a children’s library and associated support space, shell space for a café and café support, flexible assembly space, leasable office space, office space for the Town, circulation space, toilet rooms and associated mechanical spaces, (iii) site work for the relocation of the veterans memorial along with new veteran’s memorial space, and (iv) creation of a new drop off area for book returns. It is hereby determined that the maximum estimated cost of the aforementioned objects or purposes is $13,387,921; said amount is hereby appropriated therefor and the plan of financing thereof shall include the issuance of up to $1,900,000 in serial bonds of the Town to finance a portion of said appropriation, in addition to the $8,432,045 bonds previously authorized pursuant to the bond resolution adopted by the Town Board on May 23, 2016, and any bond anticipation notes issued in anticipation of the sale of such bonds, application of $1,430,759 funding from the Equipment Lease/Purchase Agreement dated as of February 12, 2016 between Banc of America Public Capital Corp. and the Town related to the Energy Performance Contract dated November 15, 2014 between John W. Danforth Company and the Town, as amended; and application of $1,621,917 grant funds received or expected to be received from the State of New York to be expended towards the cost of said object or purpose or redemption of the Town’s obligations issued therefor, or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said bonds and notes.

SECTION 2. It is hereby determined that the period of probable usefulness for the aforementioned specific object or purpose described in Section 1 is twenty-five (25) years, pursuant to subdivision a. 12(a)(1) of Section 11.00 of the Law.

SECTION 3. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof, pursuant to Section 107.00 d.9. of the Law.

SECTION 4. The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Law, for the capital purposes described in this resolution. This resolution shall constitute a declaration of "official intent" to reimburse the expenditures as part of the projects described herein with the proceeds of the bonds and bond anticipation notes authorized herein, as required by United States Treasury Regulation Section 1.150-2.

SECTION 5. The final maturity of the bonds herein authorized to be issued shall be in excess of five (5) years measured from the date of issuance of the first serial bond or bond anticipation note issued.

SECTION 6. Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said serial bonds and any bond anticipation notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal and interest on said serial bonds and bond anticipation notes and provisions shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and bond anticipation notes to mature in such year and (b) the payment of interest to be due and payable in such year.

SECTION 7. Subject to the provisions of this resolution and of the Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of said obligations, and of Sections 21.00, 50.00, 54.90, 56.00 through 60.00, 62.10, 63.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents as to the sale and issuance of bonds herein authorized, including without limitation the determination of whether to issue bonds having substantially level or declining debt service and all matters related thereto, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and relative to executing agreements for credit enhancement, are hereby delegated to the Town Supervisor, the chief fiscal officer of the Town (the "Town Supervisor"). Further, pursuant to subdivision b. of Section 11.00 of the Law, in the event that bonds to be issued for one or more of the objects or purposes authorized by this resolution are combined for sale, pursuant to subdivision c. of Section 57.00 of the Law, with bonds to be issued for one or more objects or purposes authorized by other resolutions of the Town Board, then the power of the Town Board to determine the "weighted average period of probable usefulness" (within the meaning of subdivision a. of Section 11.00 of the Law) for such combined objects or purposes is hereby delegated to the Town Supervisor, as the chief fiscal officer of the Town.

SECTION 8. The Town Supervisor is hereby further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from gross income for Federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") and to designate the bonds authorized by this resolution and any notes issued in anticipation thereof, if applicable, as "qualified tax-exempt bonds" in accordance with Section 265(b)(3)(B)(i) of the Code.

SECTION 9. The Town Supervisor is further authorized to enter into continuing disclosure undertakings with or for the benefit of the initial purchaser of the bonds or notes in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

SECTION 10. The intent of this resolution is to give the Town Supervisor sufficient authority to execute those applications, agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds or bond anticipation notes without resorting to further action of this Town Board.

SECTION 11. Pursuant to subdivision b. of Section 35.00 of the Law, this resolution is subject to a permissive referendum in the manner prescribed by Article Seven of the Town Law of the State of New York (the "Town Law"). The Town Clerk is hereby authorized and directed, within ten (10) days after the date of adoption of this resolution, to post and publish a notice satisfying the requirements of Section 90 of the Town Law, which shall set forth the date of adoption of this resolution, shall contain an abstract hereof, and shall specify that this resolution was adopted subject to a permissive referendum. Such notice shall be published in the official newspaper of the Town for such purpose.

SECTION 12. This resolution shall take effect thirty (30) days after the date of its adoption or, if within such thirty (30) day period there is filed with the Town Clerk a petition subscribed and acknowledged by the number of qualified electors of the Town required by Section 91 of the Town Law and in the manner specified in such Section, if approved by the affirmative vote of a majority of such qualified electors voting on a proposition for its approval. As soon as reasonably possible after the date that this resolution takes effect, the Town Clerk is hereby authorized and directed to cause a copy of this resolution to be published in full in the official newspaper of the Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Law.

SECTION 13. The validity of the bonds authorized by this resolution and of any bond anticipation notes issued in anticipation of said bonds may be contested only if:

(a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money; or

(b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or

(c) such obligations are authorized in violation of the provisions of the constitution.

The following vote was taken and recorded in the public or open session of said meeting:

AYES: All NAYS: None

Apr. 19

— LEGAL NOTICE —

Please take notice that the following change was made in the Zoning Ordinance of the Town of West Seneca, County of Erie and State of New York, and notice thereof is hereby given, pursuant to §264 and 265 of the Town Law.

Whereas, the Town Board of the Town of West Seneca received a request for a rezoning for the following described property located at 1420 Union Road from its classification of R-65 to C-1 for a parking lot:

All that tract or parcel of land situate in the Town of West Seneca, County of Erie and State of New York, being part of Lot No. 112 of the Ebenezer Lands according to map filed in Erie County Clerk’s office under Cover No. 467, known as Subdivision Lot Nos. 17, 18 and 19 in Block “D” situate on the east side of Greymont Avenue.

Whereas, this Town Board held a public hearing on the 9th day of April, 2018 at 7:00 P.M., EDT in the Town Hall, 1250 Union Road, in said town, to consider granting a rezoning for the above-described property; and

Whereas, at such time and place this Town Board did meet to hear any and all persons interested in the subject thereof concerning the same;

Now, therefore, be it resolved, that a rezoning is granted and the same is hereby rezoned from R-65 to C-1; and

Be it further resolved that the Town Clerk is hereby ordered and directed to make such change on the zoning map and to enter a copy of this resolution with the zoning regulations in a book appropriate for its use.

Jacqueline A Felser
West Seneca Town Clerk
Apr. 19

— LEGAL NOTICE —

WEST SENECA ZONING BOARD OF APPEALS AGENDA Meeting #2018-04 April 25, 2018

I. Call to order

II. Opening of Public Hearing

III. Approval of Proofs of Publication

IV. Approval of Minutes #2018-03

V. Old Business

2013-03 Request of Brian & Lisa Hirsch for renewal of a variance for property located at 122 Tampa Drive to raise chickens

2016-01 Request of Steven Haney of Seneca Steel Erectors for renewal of the variance for property located at 611 Indian Church Road to allow a temporary structure for five years (one year permitted)

2018-03 Request of Micah Milewski for a variance for property located at 4620 Clinton Street to construct an 8' high fence projecting 80' from front of house (maximum 6' rear fence, 4' front/side fence & 10' projection from house)

VI. New Business

2018-09 Request of John Gullo for a variance for property located at 1124 Center Road to construct a house on a flag lot

2018-10 Request of Mark Subjeck for a variance for property located at 4800 Seneca Street to construct a 20' x 20' turnaround in front setback (40' front setback required)

2018-11 Request of Jason Illg for a variance for property located at 49 John Alex Drive to construct a 6' high fence projecting 21' past front of house (maximum 4' high fence and maximum 10' projection allowed)

2018-12 Request of Katherine Kester for a variance for property located at 89 Knox Avenue to construct a 4' high fence projecting more than 10' into front yard

2018-13 Request of Bryan Girdlestone for a variance for property located at 119 Camelot Drive to construct a 6' high fence in front and side yard of corner lot (maximum 4' high fence permitted in side yard only)

2018-14 Request of Matthew Wilson for a variance for property located at 1517 Center Road to construct an addition on front of house reducing setback to 25' (40' front setback required)

2018-15 Request of Jeremiah Belknap for a variance for property located at 45 John Alex Drive to construct a 6' high fence in front yard (maximum 4' high fence permitted)

2018-16 Request of Marc & Lorrie Wojtkowiak for a variance for property located at 13 Liberty Lane to install a new above ground pool and use existing deck connected to house (accessory structures required to be 10' away from house)

PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of West Seneca will hold a Public Hearing on April 25, 2018 at 7:00 P.M. at the West Seneca Town Hall, 1250 Union Road, to consider the above applications.

Apr. 19

— LEGAL NOTICE —

PUBLIC HEARING & ELECTION NOTICE FOR CHEEKTOWAGA-SLOAN UNION FREE SCHOOL DISTRICT, COUNTY OF ERIE, NEW YORK

NOTICE IS HEREBY GIVEN, that a public hearing of the qualified voters of the Cheektowaga-Sloan Union Free School District, Erie County, New York will be held in the Cafetorium at Theodore Roosevelt Elementary School, 2495 William Street, Cheektowaga, NY 14206, on Tuesday, May 8, 2018, at 7:00 p.m. at which all interested persons will be heard.

NOTICE IS HEREBY GIVEN, that the voting shall be held on Tuesday, May 15,

2018 at the John F. Kennedy High School, 305 Cayuga Creek Road, Cheektowaga, NY

14227, County of Erie, State of New York at which time the polls will be open between the hours of 12 noon and 9:00 p.m., prevailing time to vote by machine upon the following items:

1. To adopt the annual budget of the Cheektowaga-Sloan Union Free School District for the fiscal year 2018-19 and to authorize the requisite portion thereof to be raised by a tax on the taxable property of the District.

2. To elect two (2) members to the Board, each for a five (5) year term commencing July 1, 2018 and expiring on June 30, 2023, currently held by Claire Ferrucci and Gary Sieczkarek.

AND FURTHER NOTICE IS HEREBY GIVEN that a copy of the statement of the amount of money which will be required to fund the School District's budget for 2018-2019 exclusive of public monies, may be obtained by any resident of the District during business hours beginning Tuesday, May 1, 2018 to May 15, 2018 at the Office of the school Business Manager, 166 Halstead Ave., Sloan, NY 14212.

AND FURTHER NOTICE IS HEREBY GIVEN that petitions nominating candidates for the office of members of the Board of Education shall be filed with the Clerk of said School District at the Clerk's office in the Administrative Offices of the School District, 166 Halstead Ave., Sloan, NY not later than April 16, 2018, between 9:00 a.m. and 5:00 p.m. Each petition shall be directed to the Clerk of the District. Education Law Section 2018(a) states nominating petitions must be signed by at least 25 qualified district voters or 2% of the number of voters who voted in the previous annual election of the members of the board of education, whichever is greater. The petition must state the name and residence of the candidate, and name and address of the signatures, and shall describe the specific vacancy for which the candidate is nominated.

AND FURTHER NOTICE IS HEREBY GIVEN that the qualified voters of the School District shall be entitled to vote at said annual vote and election. A qualified voter is one who is (1) a citizen of the United States of America, (2) eighteen years of age or older, (3) resident within the School District for a period of thirty (30) days next preceding the annual vote and election, and (4) is not otherwise prohibited from voting pursuant to the Election Law. The School District may require all persons offering to vote at the budget vote and election to provide one form of proof of residency pursuant to Education Law Section 2018-c. Such form may include a driver's license, a non-driver identification card, a utility bill, or a voter registration card. Upon offer of proof of residency, the School District also requires all persons offering to vote to provide their signature and printed name and address.

AND FURTHER NOTICE IS HEREBY GIVEN that applications for absentee ballots for the purposes of voting on all propositions and election of one (2) Board of Education members, may be applied for at the office of the District Clerk. A list of all persons to whom absentee ballots have been issued will be available in the office of the District Clerk, on each of five (5) business days prior to the vote and at the polling place on the day of the vote.

AND FURTHER NOTICE IS HEREBY GIVEN that pursuant to a rule adopted by the Board in accordance with Section 2035 of the Education Law, copies of which are available at the office of the District Clerk any referenda or propositions to amend the budget, otherwise to be submitted for voting at said election, must be filed with the Clerk of the Board of Education on or before April 16, 2018 at 5:00 p.m. prevailing time; must be typed or printed in English, must be directed to the Clerk of the School District. However, the School Board will not entertain any petition to place before the voters any proposition the purpose of which is not within the powers of the voters to determine, or any proposition, which fails to include a specific appropriation where the expenditure of monies is required by the proposition.

BY ORDER OF THE
BOARD OF EDUCATION
Claire M. Ferrucci, President
Debra Smith, Vice-President
Denise McCowan
Sandra Kuzara
Gary Sieczkarek
Zachary Smith
David Vohwinkel
Dawn M. Kross, District Clerk
March 19, 2018
Mar. 29; Apr. 5, 12, 19

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