Local notices: Feb. 22, 2024

LEGAL NOTICE
Notice is hereby given that the Zoning Board of Appeals of the Town of Guilderland, New York, will hold a public hearing pursuant to Articles IV & V of the Zoning Law on the following proposition:
Variance Request No. 4983
Request of JRG Builders for a Variance of the regulations under the Zoning Law to permit: a subdivision where the building envelope for two of four lots will be within 100ft of a watercourse.
Per Articles IV & V Sections 280-30 & 280-51 respectively
For property owned by Harder & Danto
Situated as follows:  Nott Road Guilderland, NY 12084
Tax Map # 51.00-2-5.8 Zoned: RA3
Plans open for public inspection at the Building Department during normal business hours.  Said hearing will take place on the 6th of March, 2024 at the Guilderland Town Hall beginning at 7:00pm.
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LEGAL NOTICE
Notice is hereby given that the Zoning Board of Appeals of the Town of Guilderland, New York, will hold a public hearing pursuant to Articles IV & V of the Zoning Law on the following proposition:
Variance Request No. 4984
Request of Ryan Trunko for Variance of the regulations under the Zoning Law to permit: a freestanding sign to be installed within 20ft of the right-of-way line. 
Per Articles IV & V Sections 280-26 & 280-51 respectively
For property owned by Salon Sixty
Situated as follows:  1766 Western Avenue Albany, NY 12203
Tax Map # 52.09-5-15 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours.  Said hearing will take place on the 6th of March, 2024 at the Guilderland Town Hall beginning at 7:00pm.
Dated: February 20, 2024
Jacqueline M. Coons
Chief Building & Zoning Inspector
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LEGAL NOTICE
Notice is hereby given that the Zoning Board of Appeals of the Town of Guilderland, New York, will hold a public hearing pursuant to Articles IV & V of the Zoning Law on the following proposition:
Variance Request No. 4985
Request of Emery Lemieux for a Variance of the regulations under the Zoning Law to permit: a 2-lot subdivision of 80 acres with a 1.9 acre undersized lot.
Per Articles IV & V Sections 280-24 and 280-51 respectively
For property owned by Emery Lemieux
Situated as follows: Grant Hill Road Voorheesville, NY 12186
Tax Map # 61.00-2-12.1 Zoned: RA3
Plans are available for public inspection at the Building Department or on the Town website.  Said hearing will take place on the 6th of March, 2024 at 7:00pm at the Guilderland Town Hall.
Dated: February 20, 2024
Jacqueline M. Coons
Chief Building & Zoning Inspector
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LEGAL NOTICE
Notice is hereby given that the Zoning Board of Appeals of the Town of Guilderland, New York, will hold a public hearing pursuant to Articles III & V of the Zoning Law on the following proposition:
Special Use Permit Amendment Request No. 4987
Request of HIAM Corporation for an amendment of a Special Use Permit under the Zoning Law to permit: the conversion of an office building to a meat market.  Existing site conditions have been previously approved pursuant to Special Use Permits #18-85 and #39-90.
Per Articles III & V Sections 280-20 & 280-52 respectively
For property owned by United Fitness Sports
Situated as follows:  1650 Western Avenue Albany, NY 12203
Tax Map #s 52.14-4-3 Zoned: LB
Plans open for public inspection at the Building Department during normal business hours.  Said hearing will take place on the 6th of March, 2024 at the Guilderland Town Hall beginning at 7:00pm.
Dated: February 20, 2024
Jacqueline M. Coons
Chief Building & Zoning Inspector
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LEGAL NOTICE
Notice is hereby given that the Zoning Board of Appeals of the Town of Guilderland, New York, will hold a public hearing pursuant to Articles IV & V of the Zoning Law on the following proposition:
Variance Request No. 4986
Request of Lisa Mancini for a Variance of the regulations under the Zoning Law to permit: a lot line adjustment that will decrease the area of an existing undersized lot.
Per Articles IV & V Sections 280-24 and 280-51 respectively
For property owned by Pierrette Virkler
Situated as follows: 468 Route 146 Altamont, NY 12009
Tax Map # 38.20-1-26.2 Zoned: R15
Plans open for public inspection at the Building Department during normal business hours.  Said hearing will take place on the 6th of March, 2024 at the Guilderland Town Hall beginning at 7:00pm.
Dated: February 20, 2024
Jacqueline M. Coons
Chief Building & Zoning Inspector
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LEGAL NOTICE
PUBLIC NOTICE/LEGAL NOTICE
Take notice, the Town of Westerlo Water Board will hold a meeting on Wednesday, March 13, 2024, at 6 pm at the Richard Rapp Municipal Building 933 County Route 401, Westerlo NY.  Please note, this is a change from the regularly scheduled March 6th meeting. 
Dated:  February 12, 2024
By order of the 
Town of Westerlo Water Board
Karla J. Weaver Town Clerk
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LEGAL NOTICE
TOWN OF NEW SCOTLAND
Special Town Board Meeting
Hilton Barn Renovations
DPW Commissioner vacancy
February 28 @ 6:00 PM
A Special Town Board Meeting will be held at Town Hall, 2029 New Scotland Road Slingerlands, New York 12159, at 6:00 PM on Wednesday, February 28, 2024. To discuss the possible approval of Hilton Barn Renovations and the DPW Commissioner vacancy.  This is an in-person meeting only.
Lisa R. Williams
New Scotland Town Clerk
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LEGAL NOTICE
LEGAL NOTICE TOWN OF RENSSELAERVILLE NOTICE TO BIDDERS
PLEASE TAKE NOTICE that the Town Board of the Town of Rensselaerville is inviting Sealed Bids for the hauling of trash and recycling. The price shall be a fixed cost for 1 week of hauling and shall include all costs for hauling, excluding dumping fees.
All prices shall be firm for the year. The contract period for the furnishing of services shall be from April 12, 2024 through April 11, 2025. 
The Town reserves the right to reject any and all bids. NON-COLLUSIVE BIDDING CERTIFICATES MUST ACCOMPANY ALL BIDS.
Biding and specifications may be picked up at the Town Clerk’s Office during normal business hours at 87 Barger Road, Medusa, NY 12120. Phone (518) 239-4225. Bids are to be in the Town Clerk’s Office by March 28, 2024 at 6:45 pm. Bids will be awarded within a reasonable amount of time thereafter.
BY ORDER OF THE TOWN BOARD 
Dated: February 8, 2024
Victoria H. Kraker
Town Clerk
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LEGAL NOTICE
Town of Berne 
RESOLUTION 2024-02-01 
AUTHORIZING SALE OF SURPLUS TOWN PROPERTY Dated: February 14, 2024 
At a meeting of the Town Board of the Town of Berne, Albany County, New York, held at the  Town Hall, 1656 Helderberg Trail Road, Berne NY on the 14th day of February 2024, there were: 
Supervisor Dennis Palow Present  
Councilmember Joesph Martin Present  
Councilmember Leo Vane Present  
Councilmember Thomas Doolin Present  
Councilmember Albert Theim Present  
Supervisor Palow offered the following resolution and moved for its adoption: 
WHEREAS, the Town of Berne is the owner of a parcel of land located on Game Farm  Road in the Town of Berne, New York, consisting of +/- 355.66 acres (the “Property”), and bearing  Tax Assessment Map designation 90.-1-16.100 ; and  
WHEREAS, pursuant to Town Law 64 (2), the Town Board is authorized to sell real  property pursuant to a resolution which is subject to a permissive referendum, and provided the  property is unneeded for town purposes and adequate consideration is received; and  
WHEREAS, the Property is currently not being used for any public purpose, and there is  no future use contemplated for that Property, and it is therefore unnecessary for Town purposes; 
WHEREAS, the Town purchased the Property in January 2015 for $150,000.00; 
WHEREAS, the Property is subject to a conservation easement recorded in the records of  the Albany County Clerk at Liber 3126 Page 199 prohibiting development but allowing such lands  to be used for public recreational activities as defined therein (“Conservation Easement”);  
WHEREAS, the Property is subject to additional easements, restrictions, and covenants  limiting its use;  
WHEREAS, since its purchase, the structures on the Property have deteriorated, the repair  of which would impose a significant financial burden on the Town and its taxpayers;  
WHEREAS, the County of Albany (“County”) desires to purchase the Property for public  purposes subject to the Conservation Easement and other existing easements, restrictions, and  covenants; 

WHEREAS, the County has offered to purchase the Property for $150,000.00 (“Purchase  Price”).  
WHEREAS, in addition to the purchase price of the Property, all costs of the proposed  transfer of title to the Property, including, but not limited to abstract, instrument survey, transfer  of taxes, legal notice, recording and filing fees shall be borne exclusively by the County (the  “Additional Consideration”); and  
WHEREAS, in addition to the Purchase Price and Additional Consideration, any rights to  public access on those portions of land as set forth in the Conservation Easement shall continue;  
NOW, THEREFORE, BE IT RESOLVED, that the Town Board finds that the Property  is currently not being used for any public purpose, and there is no future use contemplated for that  portion of the Property, and does hereby find and declare that the Property is surplus and may,  therefore, be sold in accordance with the requirements of applicable law; and  
BE IT FURTHER RESOLVED, that the Town Board finds that $150,000.00and the  Additional Consideration are together fair and reasonable consideration for the Property;  
BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the sale, transfer  and conveyance by the Town to the County, and further authorizes the Town Supervisor to execute  the necessary documents to convey the Town’s right, title and interest in and to the Property,  subject to any legally existing easements, for a purchase price of $150,000.00and upon such other  terms and conditions as appropriate and consistent with this Resolution.  
BE IT FURTHER RESOLVED, that in addition to the Purchase Price and Additional  Consideration, there shall be recorded in the conveyance instrument a covenant that preserves the  rights of public access to use the lands identified in the Conservation Easement for the uses and  activities set forth therein add that such Conservation Easement shall not be terminated or modified  without the written consent of the Town Board.  
BE IT FURTHER RESOLVED that this Resolution is subject to a permissive referendum  as provided in Section 64 (2) of the Town Law of the State of New York and shall not take effect  until thirty (30) days after the date of its adoption, nor until approved by the affirmative vote of a  majority of the qualified electors of the Town voting on such proposition, if within thirty (30) days  after the adoption of this Resolution, there be filed with the Town Clerk of the Town a petition  signed, and acknowledged or proved, or authenticated by electors of the Town qualified to vote  upon a proposition to raise and expend money, in number equal to at least five per centum of the  total vote cast for governor in the Town at the last general election held for the election of State  officers, but which shall not be less than one hundred in a town of the first class nor less than  twenty-five in a town of the second class, protesting against this Resolution and requesting that it  be submitted to the qualified electors of the Town, for their approval or disapproval. 
BE IT FURTHER RESOLVED that as the sale of said Property is subject to a permissive  referendum, the Town Clerk is directed to publish and post the notice of adoption of this resolution  in accordance with Article 7 of the Town Law. 

On a motion Supervisor Palow, seconded by Councilmember Thiem, the resolution was adopted  on a roll call vote, the results which follow: 
Supervisor Dennis Palow Aye  
Councilmember Joseph Martin Aye  
Councilmember Leo Vane Aye  
Councilmember Thomas Doolin Aye  
Councilmember Albert Theim Aye  
5 Ayes 0 Nays 
Dated: February 14, 2024 
BY ORDER OF THE BERNE TOWN BOARD  
Adopted this 14th day of February 2024.  
__________________________________ 
Kristin De Oliveira, Town Clerk
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LEGAL NOTICE
New York State Department of Environmental Conservation Notice of Complete Application 
Date: 02/08/2024 
Applicant: TOWN OF BERNE 
PO BOX 57 
BERNE, NY 12023-0057 
Facility: BERNE WASTEWATER TREATMENT PLANT 
ST RTE 443 - N SIDE - W OF SCHOOL 
BERNE, NY 12023 
Application ID: 
4-0120-00067/00006 
Permits(s) Applied for: 1 - Article 17 Titles 7 & 8 Municipal SPDES - Surface Discharge 
Project is located: in BERNE in ALBANY COUNTY 
Project Description: 
The Department has prepared a draft permit and has made a tentative determination, subject to public comment or other information, to approve changes to the Town of Berne’s SPDES permit. The facility, located on State Route 443 west of the Berne-Knox-Westerlo School District, has a designed flow of 30,000 gallons per day, and discharges treated sewage via outfall 001 to Fox Creek, a Class C waterbody. Treatment consists of septic tanks, recirculating tanks, and sand filters. Seasonal disinfection requirements and a Schedule of Compliance for the new disinfection requirements were previously added to the permit in 2019, with a modification to the Schedule of Compliance approved in 2021. 
The permittee requested an additional extension of the existing Schedule of Compliance related to the Town’s wastewater treatment plant’s new disinfection requirements in order to provide adequate time to apply for financial opportunities. Completion due dates for design, commencement of construction, commencement of operation, compliance with new effluent limitations, and start dates for fecal coliform and total residual chlorine reporting have been modified. Additionally, a requirement for a flow study was added to the Schedule of Compliance to determine the proper sizing of the disinfection system. 
The draft SPDES permit with fact sheet is available online at https://dec.ny.gov/fs/projects/draftpermits. The draft permit files are contained within regional folders and named by the SPDES number contained in this notice. 
Requests for a legislative (public statement) hearing must be sent in writing to the DEC contact person below by the comment deadline. The Department assesses such requests pursuant to 6 NYCRR Section 621.8. Refer to this application by the application number listed above and SPDES Number NY0268976. 
Availability of Application Documents: 
Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person. 
State Environmental Quality Review (SEQR) Determination 
Project is not subject to SEQR because it is a Type II action. 
SEOR Lead Agency 
None Designated 
State Historic Preservation Act (SHPA) Determination 
The proposed activity is not subject to review in accordance with SHPA. The application type is exempt and/or the project involves the continuation of an existing operational activity. 
DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29) 
It has been determined that the proposed action is not subject to CP-29. 
Availability For Public Comment 
Comments on this project must be submitted in writing to the Contact Person no later than 03/15/2024 or 30 days after the publication date of this notice, whichever is later. 
Contact Person 
KRISTEN L PEEK NYSDEC 
1130 N Westcott Rd
Schenectady, NY 12306 
CC List for Complete Notice 
Chief Executive Officer 
TOWN OF BERNE 
File 
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LEGAL NOTICE
SUMMONS  STATE OF NEW YORK  SUPREME COURT, COUNTY OF ALBANY  INDEX NUMBER: 9083530-23  
DATE FILED: September 1, 2023   
BROADVIEW FEDERAL CREDIT UNION, formerly known as SEFCU, Plaintiff, 
- against -  
“THE CATHERINE T. HYRA ESTATE DEFENDANTS”; WALTER P. HYRA, JR.; BRIAN M. HYRA; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; UNITED STATES OF AMERICA O/B/O INTERNAL REVENUE SERVICE; MANUFACTURERS AND TRADERS TRUST COMPANY; and “JOHN/JANE DOE 1” through “JOHN/JANE DOE 10”, (said last ten names being fictitious, it being the intention of plaintiff to designate any and all other tenants, occupants or other persons or entities having or claiming an interest in the real property which is the subject of this action, whose identity is not presently know to plaintiff), Defendants.  
TO THE ABOVE-NAMED DEFENDANTS: ANY AND ALL UNKNOWNS HEIRS OF CATHERINE T. HYRA, deceased and WALTER P. HYRA, JR. YOU ARE HEREBY SUMMONED to answer the complaint in the above action and to serve a copy of your answer on the plaintiff’s attorneys within twenty (20) days after the service of this summons, exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any other manner than by personal delivery within the State of New York. The United States of America, if designated as a defendant in this action, may answer or appear within sixty (60) days of service hereof. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the amended complaint. Albany County is designated as the place of trial. The basis of venue is the location of the mortgaged premises in this action at 709 3rd Avenue, Watervliet, New York 12189.
NOTICE  YOU ARE IN DANGER OF LOSING YOUR HOME  If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. 
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. ORDER AUTHORIZING SERVICE: The foregoing Summons is served upon you pursuant to an Amended Order of the Supreme Court of the State of New York, County of Albany (Hon. Richard Platkin, A.J.S.C.), dated the 8th day of February, 2024. 
NATURE OF ACTION AND RELIEF SOUGHT: The object of this action is to foreclose a mortgage lien upon and against the premises in Saratoga County, New York located at, and commonly known as 709 3rd Avenue, Watervliet, New York (Tax Map No. 44.42-1-35) and the fixtures, improvements, appurtenances and personalty thereon and thereto (the “Mortgaged Premises”), more particularly described in that certain mortgage executed by Catherine T. Hyra, now deceased, to SEFCU to secure the payment of the sum of $50,000.00, which mortgage is dated October 2, 2014 and recorded in the Albany County Clerk’s Office on October 23, 2014 in Book 6876 of Mortgages at Page 317 (the “Mortgage”). The relief sought in this action is a Final Judgment of Foreclosure and Sale, directing the sale of the Mortgaged Premises to satisfy the debt secured by the Mortgage. 
DATED: February 8, 2024 ROWLANDS, LEBROU & GRIESMER, PLLC  ALEXANDER M. BUDD, ESQ. Attorneys for Plaintiff  480 Broadway – Suite 250  Saratoga Springs, New York 12866  (518) 587-8112  THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Help for Homeowners in Foreclosure  New York State Law requires that we send you this notice about the foreclosure process. Please read it carefully. Summons and Complaint  You are in danger of losing your home. If you fail to respond to the summons and complaint in this foreclosure action, you may lose your home. Please read the summons and complaint carefully. You should immediately contact an attorney or your local legal aid office to obtain advice on how to protect yourself. Sources of Information  The State encourages you to become informed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid office, there are government agencies and non-profit organizations that you may contact for information about possible options, including trying to work with your lender during this process. To locate an entity near you, you may call the toll-free helpline maintained by the New York State Banking Department at 1-877-BANK-NYS (1-877-226-5697) or visit the Department’s website at www.banking.state.ny.us
Rights & Obligations  
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the right to stay in your home during the foreclosure process. You are not required to leave your home unless & until your property is sold at auction pursuant to a judgment of foreclosure & sale. Regardless of whether you choose to remain in your home, YOU ARE REQUIRED TO TAKE CARE OF YOUR PROPERTY & pay property taxes in accordance with state & local law. Foreclosure rescue scams  Be careful of people who approach you with offers to “save” your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner’s distress. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed all such promised services. 
NOTICE TO TENANTS OF BUILDINGS IN FORECLOSURE  We, Broadview Federal Credit Union, successor by name change to SEFCU, are the foreclosing party and are located at 700 Patroon Creek Blvd, Albany, NY 12206. We can be reached at (800) 727-3328. The dwelling where your apartment is located is the subject of a foreclosure proceeding. If you have a lease, are not the owner of a residence, and the lease requires payment of rent that at the time it was entered into was not substantially less than the fair market rent for the property, you may be entitled to remain in occupancy for the remainder of your lease term. If you do not have a lease, you will be entitled to remain in your home until ninety days after any person or entity who acquires title to the property provides you with a notice as required by section 1305 of the Real Property Actions and Proceedings Law. The notice shall provide information regarding the name and address of the new owner and your rights to remain in your home. These rights are in addition to any others you may have if you are a subsidized tenant under federal, state or local law or if you are a tenant subject to rent control, rent stabilization or a federal statutory scheme. 
ALL RENT-STABILIZED TENANTS AND RENT-CONTROLLED TENANTS ARE PROTECTED UNDER THE RENT REGULATIONS WITH RESPECT TO EVICTION AND LEASE RENEWALS, THESE RIGHTS ARE UNAFFECTED BY A BUILDING ENTERING FORECLOSURE STATUS. THE TENANTS IN RENT-STABILIZED AND RENT-CONTROLLED BUILDINGS CONTINUE TO BE AFFORDED THE SAME LEVEL OF PROTECTION EVEN THOUGH THE BUILDING IS THE SUBJECT OF FORECLOSURE. EVICTIONS CAN ONLY OCCUR IN NEW YORK STATE PURSUANT TO A COURT ORDER AND AFTER A FULL HEARING IN COURT. If you need further information, please call the New York State Department of Financial Service’s toll-free helpline at 1-800-342-3736 or visit the Department’s website at http://www.dfs.ny.gov. 79632
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