2013-06-19 / Legals

Public Notices

VILLAGE OF MASSAPEQUA PARK
COUNTY OF NASSAU,
NEW YORK
ESTOPPEL NOTICE
The bond resolution published herewith was adopted
by the Board of Trustees of
the Village of Massapequa
Park (the “Village”), a municipal corporation of the
State of New York, located
in the County of Nassau,
on June 10, 2013. The validity of the obligations
authorized by such bond
resolution may be hereafter contested only if such
obligations were authorized
for an object or purpose, or
class of object or purpose,
for which the Village is not
authorized to expend money, or 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
(20) days after the date of
publication of this notice,
or if such obligations were
authorized in violation of
the provisions of the Constitution of the State of New
York.
Date: June 12, 2013
/s/ Peggy Caltabiano
Peggy Caltabiano
Village Administrator/
Clerk
Village of Massapequa
Park, New York
BOND RESOLUTION,
DATED JUNE 10, 2013,
AUTHORIZING THE
ISSUANCE OF UP TO
$102,000 AGGREGATE
PRINCIPAL AMOUNT
SERIAL BONDS OF THE
VILLAGE OF MASSAPEQUA PARK, COUNTY OF NASSAU, STATE
OF NEW YORK, PURSUANT TO THE LOCAL
FINANCE LAW, TO FINANCE THE COSTS OF
THE ACQUISITION OF
EQUIPMENT, MACHINERY AND FURNISHINGS. WHEREAS, the Board of
Trustees of the Village of
Massapequa Park (the “Village”), a municipal corporation of the State of New
York, located in the County
of Nassau, hereby determines that it is in the public interest of the Village to
authorize the financing of
the costs of the acquisition
of equipment, machinery
and furnishings, including
any preliminary and incidental

costs related thereto,
at a total estimated cost not
to exceed $102,000, all in
accordance with the Local
Finance Law;
NOW, THEREFORE, BE IT
RESOLVED by the Board
of Trustees of the Village of
Massapequa Park, County
of Nassau, State of New
York, as follows:
Section 1. There is hereby
authorized to be issued serial bonds of the Village,
and/or bond anticipation
notes issued in anticipation
of the issuance of such serial bonds, in the aggregate
principal amount not to exceed $102,000, pursuant to
the Local Finance Law, in
order to finance the costs
of the acquisition of equipment, machinery and furnishings, including the acquisition of any applicable
equipment, machinery, apparatus, land and rights-inland necessary therefor and
any preliminary and incidental costs related thereto
(collectively, the “Project”).
Section 2. The Board of
Trustees of the Village has
ascertained and hereby
states that (a) the estimated maximum costs of the
Project are not to exceed
$102,000; (b) no money has
heretofore been authorized
to be applied to the payment
of the costs of the Project;
(c) the Board of Trustees of
the Village plans to finance
the costs of the Project from
the proceeds of the serial
bonds authorized herein,
and/or of bond anticipation
notes issued in anticipation
of the issuance of such serial bonds; (d) the maturity
of such serial bonds authorized herein shall not be in
excess of five (5) years; and
(e) on or before the expenditure of moneys to pay for
any costs in connection
with the Project for which
the proceeds of any obligations authorized herein are
to be applied to reimburse
the Village, the Board of
Trustees of the Village took
“official action” for federal
income tax purposes to authorize the capital financing
of such expenditure.
Section 3. It is hereby determined that the Project
is a specific object or purpose, or of a class of object
or purpose, as described
in subdivision 32 of paragraph a of Section 11.00 of
the Local Finance Law and
that the period of probable
usefulness of the Project
is five (5) years. The serial
bonds authorized herein
shall have a maximum maturity of five (5) years computed

from the earlier of (a)
the date of issuance of such
serial bonds, or (b) the date
of issuance of the first bond
anticipation notes issued in
anticipation of the issuance
of such serial bonds.
Section 4. Subject to the
terms and conditions of
this bond resolution and
the Local Finance Law,
including the provisions
of Sections 21.00, 30.00,
50.00 and 56.00 to 60.00,
inclusive, the power to authorize serial bonds as authorized herein, and bond
anticipation notes issued
in anticipation of the issuance of such serial bonds,
including renewals thereof,
the power to prescribe the
terms, form and contents of
such serial bonds and such
bond anticipation notes,
and the power to issue,
sell and deliver such serial
bonds and such bond anticipation notes, are hereby
delegated to the Village
Treasurer, as the chief fiscal
officer of the Village. The
Village Treasurer is hereby
authorized to execute on
behalf of the Village all serial bonds issued pursuant
to this bond resolution, and
all bond anticipation notes
issued in anticipation of
the issuance of such serial
bonds, and the Village Administrator/ Clerk is hereby
authorized to impress the
seal of the Village (or to
have imprinted a facsimile
thereof) on all such serial
bonds and all such bond
anticipation notes and to attest such seal. Each interest
coupon, if any, representing
interest payable on such serial bonds shall be authenticated by the manual or
facsimile signature of the
Village Treasurer.
Section 5. The faith and
credit of the Village are
hereby and shall be irrevocably pledged for the
punctual payment of the
principal of and interest on
all obligations authorized
and issued pursuant to this
bond resolution as the same
shall become due.
Section 6. When this bond
resolution takes effect, the
Village Administrator/
Clerk shall cause the same,
or a summary thereof, to be
published, together with a
notice in substantially the
form prescribed by Section
81.00 of the Local Finance
Law, in The Massapequa
Post, a newspaper having
a general circulation in the
Village. The validity of the
serial bonds authorized
herein, and of bond anticipation notes issued in anticipation

of the issuance
of such serial bonds, may
be contested only if such
obligations are authorized
for an object or purpose, or
class of object or purpose,
for which the Village is not
authorized to expend money, or the provisions of law,
which should have been
complied with as of the
date of publication of this
bond resolution, or such
summary thereof, were
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 if such obligations
were authorized in violation of the provisions of the
Constitution of the State of
New York.
Section 7. Prior to the issuance of any obligations authorized herein, the Board
of Trustees of the Village
shall comply with all applicable provisions prescribed
in Article 8 of the Environmental Conservation Law,
all regulations promulgated
thereunder by the New York
State Department of Environmental Conservation,
and all applicable Federal
laws and regulations in connection with environmental quality review relating
to the Project (collectively,
the “environmental compliance proceedings”). In the
event that any of the environmental compliance proceedings are not completed,
or require amendment or
modification subsequent to
the date of adoption of this
bond resolution, the Board
of Trustees of the Village
will re-adopt, amend or
modify this bond resolution prior to the issuance of
any obligations authorized
herein upon the advice of
bond counsel. It is hereby
determined by the Board of
Trustees of the Village that
the Project will not have a
significant effect on the environment. Section 8. The Village hereby declares its intention to
issue the serial bonds authorized herein, and/or bond
anticipation notes issued in
anticipation of the issuance
of such serial bonds (collectively, the “obligations”),
to finance the costs of the
Project. The Village covenants for the benefit of the
holders of such obligations
that it will not make any
use of the proceeds of such
obligations, any funds reasonably expected to be used
to pay the principal of or
interest on such obligations

or any other funds of the
Village, and will not make
any use of the Project which
would cause the interest on
such obligations to become
subject to federal income
taxation under the Internal
Revenue Code of 1986, as
amended (the “Code”) (except for the federal alternative minimum tax imposed
on corporations by section
55 of the Code), or subject
the Village to any penalties
under section 148 of the
Code, and that it will not
take any action or omit to
take any action with respect
to such obligations, the proceeds thereof or the Project
financed thereby, if such
action or omission would
cause the interest on such
obligations to become subject to federal income taxation under the Code (except
for the federal alternative
minimum tax imposed on
corporations by section
55 of the Code), or subject
the Village to any penalties
under section 148 of the
Code. The foregoing covenants shall remain in full
force and effect notwithstanding the defeasance of
any serial bonds authorized
and issued under this bond
resolution or any other
provisions hereof, until the
date which is sixty (60) days
after the final maturity date
or earlier prior redemption
date thereof. The proceeds
of any obligations authorized herein may be applied
to reimburse expenditures
or commitments of the Village made in connection
with the Project on or after
a date which is not more
than sixty (60) days prior
to the date of adoption of
this bond resolution by the
Board of Trustees of the
Village.
Section 9. For the benefit
of the holders and beneficial owners from time to
time of the serial bonds
authorized herein, and of
bond anticipation notes
issued in anticipation of
the issuance of such serial
bonds, the Village agrees,
in accordance with and as
an obligated person with
respect to such obligations
under, Rule 15c2-12 (the
“Rule”) promulgated by the
Securities Exchange Commission pursuant to the
Securities Exchange Act of
1934, to provide or cause to
be provided such financial
information and operating
data, financial statements
and notices, in such manner as may be required for
purposes of the Rule. In
order to describe and specify

certain terms of the Village’s continuing disclosure
agreement for that purpose,
and thereby to implement
that agreement, including
provisions for enforcement,
amendment and termination, the Village Treasurer
is authorized and directed
to sign and deliver, in the
name and on behalf of the
Village, the commitment
authorized by subsection
6(c) of the Rule (the “Commitment”) to be placed on
file with the Village Administrator/ Clerk, which shall
constitute the continuing
disclosure agreement made
by the Village for the benefit of holders and beneficial
owners of such obligations
authorized herein in accordance with the Rule, with
any changes or amendments that are not inconsistent with this bond resolution and not substantially
adverse to the Village and
that are approved by the
Village Treasurer on behalf
of the Village, all of which
shall be conclusively evidenced by the signing of the
Commitment or amendments thereto. The agreement formed collectively
by this paragraph and the
Commitment shall be the
Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to
the availability of funds and
their annual appropriation
to meet costs the Village
would be required to incur
to perform thereunder. The
Village Treasurer is further
authorized and directed to
establish procedures in order to ensure compliance by
the Village with its continuing disclosure agreement,
including the timely provision of information and notices. Prior to making any
filing in accordance with
the agreement or providing
notice of the occurrence of
any material event, the Village Treasurer shall consult
with, as appropriate, the
Village Attorney and bond
counsel or other qualified
independent special counsel to the Village and shall
be entitled to rely upon any
legal advice provided by
the Village Attorney and
such bond counsel or other
qualified independent special counsel in determining
whether a filing should be
made.
Section 10. This bond resolution shall take effect immediately upon its due
adoption by the Board of
Trustees of the Village.
1X 6/19/13 #614-POST

Notice of formation of
BREAKING DAD, LLC.
Articles of organization
filed with the Secretary of
State of N.Y. (SSNY) on
3/28/13. Office location:
Nassau County. SSNY has
been designated as agent
of the LLC upon whom
process against it may be
served. SSNY shall mail
process to the LLC, 45
Broadway, Massapequa
Park, NY 11762. Purpose:
Any lawful activity.
6x 7/10/13 #607-POST

PUBLIC HEARING
CALENDAR
NOTICE OF PUBLIC
MEETING BY THE
ZONING BOARD OF
APPEALS
Pursuant to the provisions
of Chapter 246, Article III,
Section 246-18-E of the
Code of the Town of Oyster
Bay, notice is hereby given
that the Zoning Board of
Appeals has scheduled a
public meeting, which will
take place in the Town Hall
Meeting Room, Audrey
Avenue, Oyster Bay, New
York, on JUNE 27, 2013, at
7:00 P. M., to consider the
following appeals:
BY ORDER OF THE ZONING BOARD OF APPEALS APPEAL NO. 13-205
MASSAPEQUA PARK
JOHN FUSCO: (A) Variance to maintain existing
raised wood deck having
less side yard setback than
permitted by Ordinance.
(B) Variance to maintain
existing detached shed having less rear yard setback
and exceeding maximum
height than permitted by
Ordinance. (C) Variance
to maintain existing raised
wood deck, rear addition
and sheds exceeding maximum building coverage
than permitted by Ordinance. E/s/o Belair Dr., 702.39 ft.
N/o Redwood Ln., a/k/a
268 Belair Drive, Massapequa Park, NY
APPEAL NO. 13-206
MASSAPEQUA
ANTHONY MEZZAUCELLA: (A) Variance
to construct new dwelling
having less average front
yard setback, less side yard
setback, less aggregate side
yards, less roof pitch, exceeding maximum building coverage and maximum
gross floor area than permitted by Ordinance; also
encroachment of eaves and

gutters. (B) Variance to
construct driveway having
less side yard setback than
permitted by Ordinance.
E/s/o E. Shore Dr., 1,340
ft. N/o Community Beach,
a/k/a 282 East Shore Dr.,
Massapequa, NY
APPEAL NO. 13-207
MASSAPEQUA
ROBERT & JAMIE STANTON: (A) Variance to
maintain existing pool filter having less side yard
setback than permitted by
Ordinance. (B) Variance
to maintain existing driveway having less side yard
setback than permitted by
Ordinance. (C) Amend
Specific Plan as presented
for Appeal No. 04-450 and
granted by Decision of the
Zoning Board of Appeals,
dated October 7, 2004.
W/s/o Harrison Ave., 625
ft. N/o Beverly Pl., a/k/a
392 Harrison Avenue, Massapequa, NY
APPEAL NO. 13-208
MASSAPEQUA
LORI SFORZA: Variance
to construct new dwelling
exceeding maximum building coverage than permitted by Ordinance.
W/s/o Division Ave., 50 ft.
S/o Harrison Ave., a/k/a
238 Division Avenue, Massapequa, NY
APPEAL NO. 13-209
MASSAPEQUA
ROBERT COSTA: (A)
Variance to maintain existing 6 ft. high vinyl fence exceeding maximum height
across side/front yard
(Lafayette Place) than permitted by Ordinance. (B)
Variance to maintain existing above ground swimming pool with deck (pool
pump and filter are under
deck) having less side yard
setback than permitted by
Ordinance.
NE/cor. of Massapequa
Ave. & Lafayette Pl., a/k/a
45 Massapequa Avenue,
Massapequa, NY
APPEAL NO. 13-210
MASSAPEQUA
VIRGINIA MAZUR: Variance to maintain existing
enclosed porch having less
rear yard setback than permitted by Ordinance; also
encroachment of eaves and
gutters.
NW/cor. of Parkside Blvd.
& Chicago Ave., a/k/a 577
Parkside Boulevard,
Massapequa, NY
APPEAL NO. 13-211
MASSAPEQUA
CHRISTOPHER DIEHL:
Variance to construct 8 ft.

by 10 ft. cabana exceeding
maximum gross floor area
and having less rear yard
setback than permitted by
Ordinance.
N/s/o Cabot Rd., 203.54
ft. W/o Bay Dr., a/k/a 149
Cabot Road, Massapequa,
NY
APPEAL NO. 13-212
MASSAPEQUA
MATT BECKERICH: (A)
Variance to construct rear
dormer having less roof
pitch than permitted by
Ordinance. (B) Amend
Specific Plan as presented
for Appeal No. 01-275 and
granted by Decision of the
Zoning Board of Appeals,
dated September 28, 2001.
N/s/o Franklin Pl., 200
ft. E/o Forest Ave., a/k/a
109 Franklin Place, Massapequa, NY
APPEAL NO. 13-3
MASSAPEQUA
DEE FRAKER: (A) Variance to maintain existing
two (2) rear frame sheds
having less side yard setback than permitted by
Ordinance. (B) Variance
to maintain existing one (1)
rear frame shed having less
rear yard setback than permitted by Ordinance; also
encroachment of eaves and
gutters.
S/s/o Lincoln Ave., 346.34
ft. W/o Clocks Blvd., a/k/a
26 E. Lincoln Avenue,
Massapequa, NY
JUNE 17, 2013
BY ORDER OF THE
ZONING BOARD OF
APPEALS
TOWN OF OYSTER BAY,
OYSTER BAY,
NEW YORK
1X 6/19/13 #611-POST

PUBLIC NOTICE
NOTICE IS HEREBY GIVEN, that pursuant to the
Code of the Town of Oyster
Bay, Chapter 241, “Waterways”, Section 241-33, “Processing of Applications”, the
Town Board is in receipt of
an application for a permit
to erect, maintain, alter or
improve a dock, pier, float,
bulkhead or other mooring
in the waterways within the
jurisdiction of the Town.
Said application is described as follows: FLORENCE IAVARONE, for a
permit to erect, maintain,
alter or improve a dock,
pier, bulkhead, float or other mooring. Specification:
Remove and replace, 100
feet of bulkhead in place of
the existing bulkhead with
an increase of 18 inches in

elevation and construct two
returns. Replace existing
ramp and floats and install
a boat lift. Dredge five feet
seaward of bulkhead to a
maximum depth of four
feet below apparent low water and place 15 cubic yards
of resultant spoil landward
of the bulkhead as backfill.
The subject property is located at Section 66, Block
65, Lots 64 - 68 on the Nassau County Land and Tax
Map, also known as 217 W.
Shore Drive, Massapequa,
New York 11758. The petition filed in connection
with the abovementioned
application, together with
all maps and documents
which accompany it, are on
file, and may be viewed daily (except Saturday, Sunday
and Holidays) between the
hours of 9:00 a.m. and 4:45
p.m., prevailing time, at the
Offices of the Town Clerk,
in Oyster Bay and Massapequa. Any person interested in the subject matter of
said application must submit any written comments
to the Town Board for its
review prior to the granting
of such application. Kindly
address any such communication to the Office of the
Town Clerk, Town Clerk,
Town Hall, 54 Audrey Avenue, Oyster Bay, New York
11771, on or before July 8,
2013. TOWN BOARD OF
THE TOWN OF OYSTER
BAY, JOHN VENDITTO,
Town Supervisor, CHRISTINE M. WISS, Deputy
Town Clerk. Dated: June
11 , 2013, Oyster Bay, New
York.
1x 6/19/13
#612-POST

PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Board of Trustees of the Village of Massapequa Park (the “Village”),
a municipal corporation of
the State of New York, located in the County of Nassau, has on the 10th day of
June, 2013, duly adopted,
pursuant to the Local Finance Law of New York, an
amendatory bond resolution which:
(1) authorizes the Board
of Trustees of the Village
to finance the costs of the
acquisition of machinery
and apparatus for construction and maintenance, and
authorizes the issuance of
up to $325,530 aggregate
principal amount of serial
bonds of the Village to finance the costs of such purposes,

and
(2) states the estimated
maximum total costs of
such acquisition, construction and reconstruction to
be not in excess of $325,530
and states that such costs
will be financed, in whole
or in part, with the issuance
of obligations authorized in
such bond resolution and
sets forth the plan of financing of the costs of such
purposes, and
(3) determines the period
of probable usefulness of
the purposes to be fifteen
(15) years, and
(4) determines that the
maximum maturity of such
serial bonds will be in excess of five (5) years, and
(5) delegates to the Village Treasurer the power to
prescribe the terms, form
and contents of such serial
bonds and the power to authorize the issuance of, and
the power to prescribe the
terms, form and contents
of, any bond anticipation
notes issued in anticipation
of the issuance of such serial bonds, including renewals thereof, and to issue, sell and deliver such
serial bonds and such bond
anticipation notes, and
(6) states that the validity of such serial bonds, or
of such bond anticipation
notes issued in anticipation
of the issuance of such serial bonds, may be contested
only if (a) such obligations

are authorized for an object
or purpose, or class of object or purpose, for which
the Village is not authorized to expend money, or
(b) the provisions of law,
which should have been
complied with as of the date
of publication of such bond
resolution, were 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) if such obligations were
authorized in violation of
the provisions of the Constitution of the State of New
York.
Such bond resolution is subject to a permissive referendum under the provisions
of Article 9 of the Village
Law and petitions protesting against such bond resolution and requesting that it
be submitted to the electors
of the Village for their approval or disapproval may
be filed with the Village
Clerk at any time within
thirty (30) days after the
date of the adoption of such
bond resolution.
By order of the Board of
Trustees of the Village of
Massapequa Park, County
of Nassau, State of New
York.
Dated: June 10, 2013
1x 6/19/13 #613-POST

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