Miscellaneous_Notices$Hearings Miscellaneous Notices/Hearings

8/5/09 N.Y. St. Reg. Miscellaneous Notices/Hearings

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 31

August 05, 2009

MISCELLANEOUS NOTICES/HEARINGS

 

Notice of Abandoned Property Received by the State Comptroller

Pursuant to provisions of the Abandoned Property Law and related laws, the Office of the State Comptroller receives unclaimed monies and other property deemed abandoned. A list of the names and last known addresses of the entitled owners of this abandoned property is maintained by the office in accordance with Section 1401 of the Abandoned Property Law. Interested parties may inquire if they appear on the Abandoned Property Listing by contacting the Office of Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30 p.m., at:

1-800-221-9311 or visit our web site at: www.osc.state.ny.us

Claims for abandoned property must be filed with the New York State Comptroller's Office of Unclaimed Funds as provided in Section 1406 of the Abandoned Property Law. For further information contact: Office of the State Comptroller, Office of Unclaimed Funds, 110 State St., Albany, NY 12236.

PUBLIC NOTICE

Department of Agribulture and Markets

Pursuant to Agriculture and Markets Law § 284-a, Notice is hereby given that the Department of Agriculture and Markets has designated the “Meet Me In Marlborough Farm Trail” described as:

Beginning at .07 mile north of Interstate 84 on NYS Route 9W; north on NYS Route 9W (approximately .08 mile); north on Fostertown Road (approximately 1.1 miles); north on Frozen Ridge Road (approximately 2.8 miles); east on Bingham Road (approximately 2.2 miles); north on Highland Avenue (approximately 1.3 miles); east on Plattekill Road (approximately .02 mile); north on Prospect Street (approximately 1.0 mile); west on Ridge Road (approximately .07 mile); south on Lattingtown Road (approximately .03 mile); west on Reservoir Road (approximately 1.1 miles); north on Mountain Road (approximately .05 mile); east on Mount Zion Road (approximately 1.0 mile); north on Lattingtown Road (approximately 1.4 miles); west on Old Indian Road (approximately .02 mile); north on Lattingtown Road (approximately 1.8 miles); north on Mulberry Lane (approximately 1.3 miles); west on Milton Turnpike (approximately .02 mile); north on Milton Cross Road, that becomes Orchard Road (approximately 1.5 miles); east on Mahoney Road (approximately .09 mile); north on Gabriety Road (approximately .08 mile); south on Perkinsville Road (approximately 1.4 miles); south on New York State Route 9W (approximately 1.2 miles); west on Milton Turnpike (approximately 1.0 mile); south on Clarks Lane (approximately 2.0 miles); east on Willow Tree Road (approximately 1.0 mile); south on NYS Route 9W (approximately 7.5 miles).

For further information, please contact: Ron Mead, Agricultural Protection and Development Services, Department of Agriculture and Markets, 10B Airline Dr., Albany, NY 12235, [phone], (518) 457- 2716 (Fax)

PUBLIC NOTICE

Department of Environmental Conservation

Pursuant to Environmental Conservation Law sections, 1-0101.1, 3-0301.1.j and 9-1303 the Department of Environmental Conservation hereby gives notice of the following:

Title: NYS DEC Implements Quarantine to Prevent Spread of Emerald Ash Borer

Project Location: All Towns in both Cattaraugus and Chautauqua counties

Project Description:

The New York State Department of Environmental Conservation is establishing a quarantine district comprising Cattaraugus and Chautauqua counties in order to limit the potential introduction of the invasive Emerald Ash Borer (EAB), a tree-killing beetle, beyond its initial detection last month in Randolph, New York, in Cattaraugus County to other areas of the state.

DEC’s quarantine order will prohibit the movement of ash nursery stock, ash trees, and ash wood products, and firewood, wood chips and bark mulch from any tree species, as well as the insects themselves within and beyond the quarantine district without certification or compliance agreements from the New York State Department of Agriculture and Markets, or the Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS), in addition to other provisions as defined in the order.

A copy of the Quarantine Order can be found at http://www.dec.ny.gov/animals/56774.html on the DEC website.

For further information contact: Douglas Schmid, Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, 5th Fl., Albany, NY 12233-4253, e-mail: [e-mail], phone: [phone]

PUBLIC NOTICE

Village of Garden City Award of Municipal Solid Waste Contract to Covanta Hempstead Company

On July 16, 2009, the Incorporated Village of Garden City awarded a contract to Covanta Hempstead Company pursuant to Section 120-w of the general municipal law for the disposal of municipal solid waste. The validity of this contract or the procedures which led to its award may be hereafter contested only by action, suit or proceeding commenced within sixty days after the date of this notice and only upon the ground or grounds that: (1) such award or procedure was not authorized pursuant to that section, or (2) any of the provisions of that section which should be complied with at the date of this publication have not been substantially complied with, or (3) a conflict of interest can be shown in the manner in which the contract was awarded; or by action, suit or proceeding commenced on the grounds that such contract was awarded in violation of the provisions of the Constitution.

PUBLIC NOTICE

Uniform Code Regional Boards of Review

Pursuant to 19 NYCRR 1205, the petitions below have been received by the Department of State for action by the Uniform Code Regional Boards of Review. Unless otherwise indicated, they involve requests for relief from provisions of the New York State Uniform Fire Prevention and Building Code. Persons wishing to review any petitions, provide comments, or receive actual notices of any subsequent proceeding may contact Steven Rocklin, Codes Division, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, [phone] to make appropriate arrangements.

2009-0112 Matter of CGI Baseball Academy c/o Robert Steinert, 728 Larkfield Road, Commack, NY 11725 for an appeal and or variances concerning fire and flood safety requirements, including the requirement for an automatic fire sprinkler installation.

Involved is a sports facility, located at 728 Larkfield Road, Town of Huntington, Suffolk County, State of New York.

2009-0150 Matter of Martin Petersen, 31 Bruce Lane, East Hampton, NY 11937-6901, for a variance concerning fire-safety requirements and accessibility with the construction of new two story building.

Involved is the lack of a required automatic fire sprinkler system and required accessible toilet rooms for a building of a mixed B and R-3 occupancy, approximately 1,748 square feet in area, two stories of type VB construction, located at, 12 Washington Avenue, Town of East Hampton. Suffolk County, State of New York.

2009-0239 Matter of Gregg Gunderson/Smithtown Gospel Tabernacle, 1 Higbie Drive., Smithtown, NY 11787, for a variance concerning fire-safety requirements with the construction of an addition to an existing church/school.

Involved is the substitution of a fire barrier wall for a required fire wall for a building of a mixed A-3/E occupancy, 2 stories in height, approximately 111,779 square feet in area, of mixed type IIB/VB construction, located at 1 Higbie Drive, Smithtown, Town of Smithtown, Suffolk County, State of New York.

2009-0311 Matter of Steven Venditti/Rolf Jensen & Associates, 360 West 31st St., Suite 900, New York, NY 10001, for a variance concerning fire-safety requirements for a processing facility for Federal Express.

Involved is the lack of a required automatic fire sprinkler system underneath new conveyors, for a building of a F-1 occupancy, approximately 63,905 square feet in area, one story in height, of type IIB construction, located at, 5901 Veterans Memorial Highway, Holbrook, Town of Islip, Suffolk County, State of New York.

2009-0252 Matter of Vincent Aquino, 9 Village Dirve West, Dix Hills, NY 11746 for an appeal and or variances concerning fire safety requirements, including the requirement for an emergency escape and rescue opening in a basement.

Involved is an existing one family residence, located at 9 Village Drive West, Town of Huntington, Suffolk County, State of New York.

2009-0335 Matter of Kermit Card, 208 Comack Road, Deer Park, Ny 11729 for an appeal and or variances concerning fire safety requirements, including basement ceiling height limitations.

Involved is a one family residence, located at 208 Comack Road, Town of Babylon, Suffolk County, State of New York.

2009-0338 Matter of: Stephen W. Turri, 140 East Ave, Rochester, NY 14604 for a variance concerning the location of mechanical exhaust outlets with respect to property lines.

Involved is the alteration and change of use to a restaurant assembly occupancy on the first story of a seven story mixed use building of assembly/business/multiple dwelling occupancy of non-combustible construction, located at 140 East Ave., City of Rochester, County of Monroe, State of New York.

2009-0339 Matter of Michael Coletti, 104 Main Street, Buffalo, NY 14202, for a variance concerning exhaust hood for commercial kitchens.

Involved is the alteration and change of use to a business/assembly occupancy in a five story building, located at 304 Main Street, City of Buffalo, County of Erie, State of New York.

2009-0346 Matter of Northland Industrial Park, LLC c/o David Bergquist, 4662 Dey Road, Liverpool, NY 13088 for a variance concerning fire-safety requirements including us of combustible construction materials in a Type 2b (noncombustible) building where combustible materials are prohibited.

Involved are the alterations of an existing mixed storage/industrial occupancy building, one story in height, located at 4662 Dey Road, Town of Clay, County of Onondaga, State of New York.

2009-0350 Matter of Robert and Michele Fitzsimmons, 57 Harbor Hill Drive for an appeal and or variances concerning fire safety requirements, including conformance to handrail grip size limitations.

Involved is a one family residence, located at 57 Harbor Hill Drive, Incorporated village of Lloyd Harbor, Suffolk County, State of New York.

2009-0359 Matter of Essential Living, LLC., 602 Emerson Drive, Amherst, NY 14226 for a variance concerning sprinkler system, handicap accessibility, seismic requirements etc.

Involved is the alteration and change of use of a portion of the building to a permanent multiple dwelling occupancy, in a three story building of wood frame construction, located at 50 Orton Place, City of Buffalo, County of Erie, State of New York.

2009-0360 Matter of Richard Hy, 311 North Avenue, Tonawanda, NY 14120 for a variance concerning the depth of foundations below frost levels.

Involved is the alteration and addition to an existing two story, wood frame, building of one family dwelling occupancy, located 311 North Avenue, City of North Tonawanda, County of Niagara, State of New York.

2009-0361 Matter of Michael Battaglia, 4610 Main Street, Amherst, NY 14226 for a variance concerning exhaust hood for commercial kitchens.

Involved is the alteration and change of use to a business/assembly occupancy in a one story building, located 4610 Main Street, Town of Amherst, County of Erie, State of New York.

2009-0363 Matter of Vito Lippolis, 21 Ridge Road, Glen Cove, NY 11542 for an appeal and or variances concerning fire safety requirements, including conformance to hurricane strapping requirements.

Involved is the legalization of an addition to a one family residence, located at 22 Pearsall Place, Town of North Hempstead, Nassau County, State of New York.

SALE OF FOREST PRODUCTS

Cayuga Reforestation Area No. 1 Contract No. X007524

Pursuant to Section 9-0505 of the Environmental Conservation Law, the Department of Environmental Conservation hereby gives Public Notice for the following:

Sealed bids for 244.3 MBF more or less of sawtimber, 173 cords more or less of hardwood, red pine, Norway spruce pulpwood, located on Cayuga Reforestation Area No. 1, Bear Swamp S.F., Stands C-6, 7, 14, 37, 40, and D-16, will be accepted at the Department of Environmental Conservation, Contract Unit, 625 Broadway, 10th Fl., Albany, NY 12233-5027 until 11:00 a.m., Thursday, Aug. 20, 2009.

For further information, contact: Mark Zubal, Forester 1, Department of Environmental Conservation, Division of Lands and Forests, Region 7, 1285 Fisher Ave., Cortland, NY 13045-1090, [phone]

SALE OF FOREST PRODUCTS

Otsego-Schoharie Reforestation Area No. 1 Contract No. X007514

Pursuant to Section 9-0505 of the Environmental Conservation Law, the Department of Environmental Conservation hereby gives Public Notice for the following:

Sealed bids for 134.0 MBF more or less of miscellaneous hardwood and softwood sawtimber; 14 cords more or less of softwood pulpwood; 310 cords more or less of miscellaneous hardwood firewood, located on Otsego-Schoharie Reforestation Area No. 1, Stand A-14, 15, and 24, will be accepted at the Department of Environmental Conservation, Bureau of Procurement & Expenditure Services, 625 Broadway, 10th Fl., Albany, NY 12233-5027 until 11:00 a.m., Thursday, Aug. 20, 2009.

For further information, contact: Paul Wenner, Senior Forester, Department of Environmental Conservation, Division of Lands and Forests, Region 4, 65561 State Hwy. 10, Suite 1, Stamford, NY 12167-9503, [phone]