Public Notices

- LEGAL NOTICE -

Notice of Formation of AKKA, LLC., Art. Of Org. filed Sec'y. of State (SSNY) 6/26/2002. Office location: Erie County; 42 Burroughs Dr., Town of Amherst. SSNY designated as agent of LLC upon whom process may be served. SSNY shall mail copy of process: c/o William C. Moran & Associates, P.C., 6500 Main Street, Suite 5, Williamsville, NY 14221. Purpose: any lawful purpose.

Oct. 4, 11, 18, 25; Nov. 1, 8

- LEGAL NOTICE -

LEGAL NOTICE OF FORMATION

OF A LIMITED LIABILITY COMPANY

Notice of Formation of HERTEL PROPERTIES LLC, a domestic Limited Liability Company (LLC). Articles of Organization filed with the New York Secretary of State on July 20, 2006. Office location is Erie County. The 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 served upon him/her to The LLC at 83 Whispering Pines Lane, Lakewood, New Jersey, 08701. The purpose of the LLC is to engage in the practice of any lawful act or activity for which limited liability companies may be formed under the LLCL.

Sept. 20, 27; Oct. 4, 11, 18, 25

- LEGAL NOTICE -

NOTICE OF FORMATION

OF A

LIMITED LIABILITY COMPANY

MPDKNY, LLC ("LLC") has been formed as a domestic limited liability company by filing Articles of Organization with the New York Secretary of State on August 24, 2006. Office location is Erie County. The 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 served upon him/her to David H. Baldauf, Esq., 8441 Cooper Creek Boulevard, University Park, Florida 34201. The purpose of the LLC is to engage in any lawful act or activity for which limited liability companies may be formed under the New York Limited Liability Company Law.

Sept. 6, 13, 20, 27 Oct. 4, 11

- LEGAL NOTICE -

Notice of Formation of PDQ OF HAMBURG, LLC, a domestic Limited Liability Company (LLC). Articles of Organization filed with Secretary of State on 6/2/2006. NY Office location: 5540 CAMP RD, HAMBURG NY 14075 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 the LLC served upon him/her to C/O THE LLC, 1250 E. HALLANDALE BEACH BLVD STE 904, HALLANDALE BEACH, FL33009. LATEST DATE TO DISSOLVE: 05/18/2036. Purpose: To engage in any lawful act or activity. Sept. 6, 13, 20, 27 Oct. 4, 11

Park, Florida 34201. The purpose of the LLC is to engage in any lawful act or activity for which limited liability companies may be formed under the New York Limited Liability Company Law.

Sept. 20, 27; Oct. 4, 11, 18, 25

- LEGAL NOTICE -

SUMMONS AND NOTICE OF

OBJECT OF ACTION STATE OF NEW YORK COUNTY COURT: COUNTY OF ERIE EAST ROCK FINANCIAL, LLC,

- LEGAL NOTICE -

Notice of Formation of CEGL, LLC, Art. Of Org. filed Sec'y. of State (SSNY) 6/26/2002. Office location: Erie County; 42 Burroughs Dr., Town of Amherst. SSNY designated as agent of LLC upon whom process may be served. SSNY shall mail copy of process: c/o William C. Moran & Associates, P.C., 6500 Main Street, Suite 5, Williamsville, NY 14221. Purpose: any lawful purpose.

Oct. 4, 11, 18, 25; Nov. 1, 8

- LEGAL NOTICE - P l a i n t i ff ,

vs.

Notice of Formation of Bywater Partners UNKNOWN HEIRS OF THE ESTATE OF

LLC, a domestic Limited Liability Company RONALD P. WEINHEIMER,

(LLC). Articles of Organization filed with the

Defendant(s).

Secretary of State on April 20, 2006. NY ACTION TO FORECLOSE

office location: Erie County. Secretary of

A MORTGAGE

State is designated as agent upon whom INDEX NO. 3377/06

process against the LLC may be served. Mortgaged Premises:

Secretary of State may mail a copy of any

519 RILEY STREET

process against the LLC served upon BUFFALO, NY 14208

him/her to C/O THE LLC, 127 Bywater Dr.,

SBL#: 100.51-3-10

Getzville, NY 14068. Purpose: To engage TO THE ABOVE NAMED DEFENDANT:

in any lawful act or activity.

You are hereby summoned to answer

Sept. 13 20, 27; Oct. 4, 11, 18 the Complaint in this action, and to serve a

copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of appearance, on the Plaintiff(s) attorney(s) within twenty days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is complete if this Summons is not personally delivered to you within the State of New York). In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint.

The Attorney for Plaintiff has an office for business in the County of Erie.

Trial to be held in the County of ERIE.

The basis of the venue designated above is the location of the Mortgaged Premises.

Dated this 11th day of September, 2006, Steven J. Baum, P.C. Attorney(s) For Plaintiff(s) 220 Northpointe Parkway Suite G

Amherst, NY 14228

TO: UNKNOWN HEIRS OF THE ESTATE OF RONALD P. WEINHEIMER, Defendant( s) In this Action.

The foregoing Summons is served upon you by publication, pursuant to an order of HON. MICHAEL L. D'AMICO, a (Justice Judge) of the COUNTY Court of the State of New York, dated the 1st day of September, 2006, and filed with the Complaint in the Office of the ERIE County Clerk, in the City of Buffalo.

The object of this action is to foreclose a mortgage upon the premises described below, executed by RONALD P. WEINHEIMER (who died April 25, 2004, a resident of the County of Erie and State of New York) dated the 30th day of December, 1997, to secure the sum of $9,900.00, and recorded at Liber No. 12769 of Mortgages at page 7702 in the Office of the Clerk of the County of ERIE on the 5th day of January, 1998; which mortgage was duly assigned

by assignment dated the 14th day of April,

1998, and recorded on the 1st day of

- LEGAL NOTICE - December, 1998, in the Office of the Clerk

of ERIE County at Liber 12816, Page 5795;

Garageman Lien Sale 10/20/06 at 9 AM

which mortgage was further assigned by

at 2937 Lockport Road, Niagara Falls: '99

assignment dated the 1st day of November,

Pontiac, 3G2JD12T7XS821545, Re: Q.

2005, and recorded on the 19th day of

Gilmer.

January, 2006, in the Office of the Clerk of

Garageman Lien Sale 10/20/06 at 9 AM

ERIE County at Liber 13269, page 9365.

at 75 Miami Street, Buffalo: '96 Buick,

The property in question is described as

1G4NJ52M6TC419646, Re: S. Kent; '95

follows:

Ford, 1FASP11J3SW296753, Re: K. Mccutcheon;

519 RILEY STREET

2002 SK/DO,

BUFFALO, NY 14208

2BPS191922V000296, Re: S. Szymczak.

ALL THAT TRACT OR PARCEL OF

Oct. 4, 11

LAND situate in the City of Buffalo, County

of Erie and State of New York, being part - LEGAL NOTICE - of Farm Lot Number 24, Township 11,

Range 8 of the Holland Land Company's

Sealed bids for the following projects will

Survey, and known and designated upon be received in an envelope annotated with

map made by A. Krause, surveyors, and project name and number until 10:30 a.m.

filed in the Erie County Clerk's Office June on November 02, 2006 at the Contract

13, 1889 in Cover No. 346 as subdivision Management Bureau, NYS Dept. of Transportation,

Lot No. 25 and bounded and described as 1ST FLOOR, 50 WOLF RD.,

follows: ALBANY, NY 12232, and will then be

BEGINNING at a point in the southerly publicly read. A certified or cashier's check

line of Riley Street distant according to the payable to the NYS Dept. of Transportation

above subdivision map filed in Cover No. for the sum specified in the proposal or bid

346, 831.30 feet westerly from the westerly bond, FORM CONR 391, representing

line of Humboldt Parkway; running thence "25% of the bid total" as specified in the

westerly along the said line of Riley Street, contract proposal, must accompany each

28 feet; thence running southerly at right bid. Plans and proposals can be obtained

angles to Landon Street 100.98 feet; from the Sale of Plans Unit, at the above

thence running easterly parallel with Riley address; and the Regional Offices noted

Street 28 feet; thence running northerly at below. The right is reserved to reject all

right angles to Landon Street 100.98 feet to bids.

the southerly line of Riley Street to the place ATTENTION CONTRACTORS,

of beginning.

Contractors should be advised of new

DATED: September 11, 2006 legislation for Lobbying on ALL Procurement

Steven J. Baum, P.C. Contracts effective January 1, 2006.

Attorney(s) For Plaintiff(s) Details of guidelines, regulations and forms

220 Northpointe Parkway Suite G are provided on the Department's Web Site

Amherst, NY 14228 at: https://www.nysdot.gov/portal/

Sept. 20, 27; Oct. 4, 11 page/portal/bids-and-lettings/bidder-in -

formation/general-info. For more information,

- LEGAL NOTICE - Contact Person(s) Jodi Riano, Bill

Howe, NYSDOT Contract Management

LEGAL NOTICE OF FORMATION Bureau, 50 Wolf Road, 1st Floor, Albany,

OF A LIMITED LIABILITY COMPANY NY 12232. Email jriano@dot.state.ny.us,

Notice of Formation of 392 PEARL whowe@dot.state.ny.us (518) 457-3583;

STREET PROPERTIES, LLC, a domestic Marie Corrado, NYSDOT Office of Legal

Limited Liability Company (LLC). Articles of Affairs; Email: mcorrado@dot.state.ny.us;

Organization filed with the New York Secretary (518) 457-2411.

of State on February 8, 2006. Office

Reg. 05, Al Taylor, Reg. Dir., 125 Main

location is Erie County. The Secretary of Street, Buffalo, NY 14203

State is designated as agent upon whom

*D260330, PIN 5512.42, F.A. Proj.

process against the LLC may be served. L050-5512-423, Erie Co., Route 33 (Kensington Secretary of State shall mail a copy of any - LEGAL NOTICE -

SUPPLEMENTAL SUMMONS

Index No.: I2006001561

D/O/F: September 18, 2006 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE,

P l a i n t i ff ,

-against- A. LYNN CUTRONA, if living, or if either or all be dead, their wives, husbands, heirs-at-law, next of kin, distributees, executors, administrators, assignees, lienors and generally all persons having or claiming under, by or through said A. LYNN CUTRONA by purchase, inheritance, lien or otherwise, of any right, title or interest in and to the premises described in the complaint herein, and the respective husbands, wives, widow or widowers of them, if any, all of whose names are unknown to plaintiff; ISAAC SMITH; PEOPLE OF THE STATE OF NEW YORK; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; STATE OF NEW YORK; UNITED STATES OF AMERICA; "JOHN DOES" and "JANE DOES", said names being fictitious, parties intended being possible tenants or occupants of premises, and corporations, other entities or persons who claim, or may claim, a lien against the premises,

Defendants. TO THE ABOVE-NAMED DEFENDANTS:

YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a Notice of Appearance on the Plaintiff's attorney(s) within twenty (20) days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the State, or within thirty (30) days after completion of service where service is made in any other manner, and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint.

YOU ARE HEREBY PUT ON NOTICE THAT WE ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE TO THE ABOVE-NAMED DEFENDANTS:

The foregoing summons is served upon you by publication pursuant to an Order of the Honorable Joseph D. Mintz of the Supreme Court of the State of New York, signed on August 22, 2006, and filed with supporting papers in the Office of the Clerk of the County of Erie, State of New York.

The object of this action is to foreclose a mortgage upon the premises described below, executed by ISAAC SMITH to NEW CENTURY MORTGAGE CORPORATION in the principal amount of $106,462.00, which mortgage was recorded in Erie County, State of New York, on September 22, 2003, in Liber/Reel 13110 at page 587.

Said premises being known as and by 5 Imperial Drive #5, Buffalo, NY 14226. Date: July 12, 2006 Islip, New York

Karen Sheehan, Esq.

ROSICKI, ROSICKI & ASSOCIATES, P. C. Attorneys for Plaintiff 152 Islip Avenue, Suite 18 Islip, NY 11751

(631) 224-4678

Sept. 27; Oct. 4, 11, 18

- LEGAL NOTICE -

Notice of Formation of LL and CEGL, LLC, Art. Of Org. filed Sec'y. of State (SSNY) 6/26/2002. Office location: Erie County; 42 Burroughs Dr., Town of Amherst. SSNY designated as agent of LLC upon whom process may be served. SSNY shall mail copy of process: c/o William C. Moran & Associates, P.C., 6500 Main Street, Suite 5, Williamsville, NY 14221. Purpose: any lawful purpose.

Oct. 4, 11, 18, 25; Nov. 1, 8

- LEGAL NOTICE - Expressway) Asphalt Concrete Reconstruction,

process served upon him/her to The LLC at Resurfacing, Ramp Removal

P.O. Box 1271, Lakewood, New Jersey,

NOTICE OF FORMATION OF and Extension in the City of Buffalo, Bid

08701. The purpose of the LLC is to

LIMITED LIABILITY COMPANY Deposit $250,000.00, Plans $49, plus $6

engage in the practice of any lawful act or

NAME: ROSEWOOD VENTURES, Postage. THIS CONTRACT REQUIRES

activity for which limited liability companies

LLC. Articles of Organization were filed with NIGHT TIME WORK.

may be formed under the LLCL.

the secretary of the State of New York D260328, PIN 5101.79, Erie Co., Preventive

Sept. 20, 27; Oct. 4, 11, 18, 25

(SSNY) on May 30, 2006. Office Location: Maintenance - Pavement, rehabilitation

Erie County. SSNY has been designated of cross culverts on US Route 219,

- LEGAL NOTICE - as agent of the LLC upon whom process Shero Road to Rice Hill Road, Town of

against it may be served. SSNY shall mail Boston, Bid Deposit $50,000.00, NO

NOTICE OF FORMATION OF A

a copy of process to LLC c/o Robert W. PLANS, Proposals $25, plus $6 Postage.

LIMITED LIABILITY COMPANY

Romeo, 52 Partridge Run, Amherst, NY Oct. 4, 11

South of Stream, LLC ("LLC") has been

14228. PURPOSE For any Lawful Purpose.

formed as a domestic limited liability company

- LEGAL NOTICE - by filing Articles of Organization with

Sept. 6, 13, 20, 27; Oct. 4, 11

the New York Secretary of State on

- LEGAL NOTICE - NOTICE OF FORMATION OF A

LIMITED LIABILITY COMPANY September 7, 2006. Office location is Erie

County. The Secretary of State is designated

Notice of Formation of California Road

Ohio-Childs, LLC ("LLC") has been

as agent upon whom process against

Company, LLC, Art. of Org. filed Sec'y. of

formed as a domestic limited liability company

the LLC may be served. Secretary of State

State (SSNY) 12/31/1998. Office location:

by filing Articles of Organization with

shall mail a copy of any process served

Erie County; 3646 California Road, Orchard

the New York Secretary of State on

upon him/her to David H. Baldauf, Esq.,

Park, NY 14127. SSNY designated

September 7, 2006. Office location is Erie

8441 Cooper Creek Boulevard, University

as agent of LLC upon whom process may

County. The Secretary of State is designated

Park, Florida 34201. The purpose of the

be served. SSNY shall mail copy of process

as agent upon whom process against

LLC is to engage in any lawful act or activity

to: c/o William C. Moran & Associates, P.C.,

the LLC may be served. Secretary of State

for which limited liability companies may be

6500 Main Street, Suite 5, Williamsville, NY

shall mail a copy of any process served

formed under the New York Limited Liability

14221. Purpose: any lawful purpose.

upon him/her to David H. Baldauf, Esq.,

Company Law.

Sept. 13, 20, 27; Oct. 4, 11, 18

8441 Cooper Creek Boulevard, University Sept. 20, 27; Oct. 4, 11, 18, 25

- LEGAL NOTICE -

Sealed bids for the following projects will be received in an envelope annotated with project name and number until 10:30 a.m. on November 16, 2006 at the Contract Management Bureau, NYS Dept. of Transportation, 1ST FLOOR, 50 WOLF RD., ALBANY, NY 12232, and will then be publicly read. A certified or cashier's check payable to the NYS Dept. of Transportation for the sum specified in the proposal or bid bond, FORM CONR 391, representing "25% of the bid total" as specified in the contract proposal, must accompany each bid. Plans and proposals can be obtained from the Sale of Plans Unit, at the above address; and the Regional Offices noted below. The right is reserved to reject all bids.

ATTENTION CONTRACTORS,

Contractors should be advised of new legislation for Lobbying on ALL Procurement Contracts effective January 1, 2006. Details of guidelines, regulations and forms are provided on the Department's Web Site at: https://www.nysdot.gov/portal/ page/portal/bids-and-lettings/bidder-in - formation/general-info. For more information, Contact Person(s) Jodi Riano, Bill Howe, NYSDOT Contract Management Bureau, 50 Wolf Road, 1st Floor, Albany, NY 12232. Email jriano@dot.state.ny.us, whowe@dot.state.ny.us (518) 457-3583; Marie Corrado, NYSDOT Office of Legal Affairs; Email: mcorrado@dot.state.ny.us; (518) 457-2411.

Reg. 05, Al Taylor, Reg. Dir., 125 Main Street, Buffalo, NY 14203

*D260329, PIN 5268.44, F..A. Proj. L1C0-5268-443, Erie Co., Bridge Replacements NY Rte 240 (SH 751) Town of Colden, Bid Deposit $750,000.00, Plans $49, plus $6 Postage. THIS CONTRACT CONTAINS SPECIAL A&B PROVISIONS FOR COMPLETION OF WORK. PLEASE SEE PROPOSAL FOR DETAILS. Oct. 11, 18

16, AND AUTHORIZING THE ISSUANCE OF $4,800,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION

The object or purpose for which the bonds are authorized is the increase and improvement of facilities of Sanitary Sewer District Nos. 1 and 16, consisting of replacement of the tertiary filtration system, including improvements to Building No. 9, secondary clarifier modifications, algae sweeps replacement, intermediate pump station electrical upgrades, intermediate pump station mechanical upgrades, equipment, furnishings, machinery or apparatus, and any ancillary or related work required in connection therewith.

The amount of obligations to be issued is $4,800,000.

The period of probable usefulness is forty (40) years.

A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 5583 Main Street, Williamsville, New York.

Oct. 11

- LEGAL NOTICE -

NOTICE OF HEARING ON APPEAL

NOTICE is hereby given of a public hearing to be held before the Zoning Board of Appeals of the Town of Amherst, Erie County, New York, at the Amherst Municipal Building, 5583 Main Street, in the Village of Williamsville, Erie County, New York, on Tuesday, October 17, 2006, at 7:00 o'clock P.M. to hear all persons interested in an appeal taken by George D. Troester, Jr., 485 Dann Road, East Amherst, NY 14051, requesting a variance to the Town of Amherst Zoning Ordinance for an enlargement of a non-conforming structure, at 485 Dann Road, Town of Amherst.

The foregoing notice is given pursuant to

Section 20, Sub. 12 of the Zoning Ordinance

- LEGAL NOTICE - of the Town of Amherst, New York,

constituting Chapter 10 of the Ordinances

PLANNING BOARD HEARINGS

of the Town of Amherst, Erie County, New

Notice is herewith given of public hearings,

York, and pursuant to order of the Zoning

complying with the Town of Amherst

Board of Appeals of the Town of Amherst,

Zoning Ordinance and 6 NYCRR 617 (SEQR)

New York. All persons interested in said

provisions to be held by the Planning

appeal are requested to appear at the time

Board of the Town of Amherst, New York,

and place fixed hereinabove for said appeal.

at the Municipal Building, 5583 Main Street,

Williamsville, NY, on Thursday, October 19,

October 11, 2006

2006, at 6:30 P.M. to consider the following

Williamsville, New York 14221

applications:

Susan K. Jaros, Town Clerk

Site Plan Review for a Proposed HSBC

Zoning Board of Appeals

Data Center Additions; property located at

Town of Amherst, New York

191 Park Club Lane. HSBC Bank USA,

Oct. 11

Petitioner.

Site Plan Review for a Proposed Office Building Addition; property located at 9750 Transit Road. Transit Road Associates, Inc., Petitioner.

Review of a Proposed Relief of Condition of Preliminary Plat Approval (Driveway & Sidewalks) for "Fisher Pond" Phase I & II Subdivision. Fisher Homes, LLC, Petitioner.

Review of Proposed Zoning Ordinance Text Amendments to Section 203-2-5 (Measurements and Exceptions) to Modify Side Yard Setbacks and Height Requirements for Accessory Structures. Town of Amherst Planning Director & Commissioner of Building, Petitioners.

Review of a Proposed Zoning Ordinance Text Amendment to Section 203-7-6-7 (Fire Apparatus Access Road). Amherst Town Board, Petitioner.

Review of Proposed Zoning Ordinance Text Amendments - Editorial and Minor Corrections Identified through Use of the Zoning Ordinance. Corrections Proposed to Portions of Chapter 203, Parts 2, 3, 4, 6, 7, & 8. Town of Amherst Commissioner of Building and Planning Director, Petitioners.

Oct. 11

- LEGAL NOTICE -

NOTICE OF HEARING ON APPEAL

NOTICE is hereby given of a public hearing to be held before the Zoning Board of Appeals of the Town of Amherst, Erie County, New York, at the Amherst Municipal Building, 5583 Main Street, in the Village of Williamsville, Erie County, New York, on Tuesday, October 17, 2006, at 7:00 o'clock P.M. to hear all persons interested in an appeal taken by Krislyn Co., LLC, Rocco J. DelGrosso, 6221 Transit Road, East Amherst, NY 14051, requesting a variance to the Town of Amherst Zoning Ordinance for exterior side yard, at 6779 Main Street, Town of Amherst.

The foregoing notice is given pursuant to Section 20, Sub. 12 of the Zoning Ordinance of the Town of Amherst, New York, constituting Chapter 10 of the Ordinances of the Town of Amherst, Erie County, New York, and pursuant to order of the Zoning Board of Appeals of the Town of Amherst, New York. All persons interested in said appeal are requested to appear at the time and place fixed hereinabove for said appeal. October 11, 2006 Williamsville, New York 14221 Susan K. Jaros, Town Clerk Zoning Board of Appeals

Town of Amherst, New York

Oct. 11

- LEGAL NOTICE -

The resolution, a summary of which is published herewith, has been adopted on the 2nd day of October, 2006, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for - LEGAL NOTICE -

NOTICE OF HEARING ON APPEAL

NOTICE is hereby given of a public hearing to be held before the Zoning Board of Appeals of the Town of Amherst, Erie County, New York, at the Amherst Municipal Building, 5583 Main Street, in the Village of Williamsville, Erie County, New York, on Tuesday, October 17, 2006, at 7:00 o'clock P.M. to hear all persons interested in an appeal taken by Daniel P. Hull, 4140 Rensch Road, Amherst, NY 14228, requesting renewal of a temporary use permit under the Town of Amherst Zoning Ordinance for a second dwelling unit on premises, at 4140 Rensch Road, Town of Amherst.

The foregoing notice is given pursuant to Section 20, Sub. 12 of the Zoning Ordinance of the Town of Amherst, New York, constituting Chapter 10 of the Ordinances of the Town of Amherst, Erie County, New York, and pursuant to order of the Zoning Board of Appeals of the Town of Amherst, New York. All persons interested in said appeal are requested to appear at the time and place fixed hereinabove for said appeal. October 11, 2006 Williamsville, New York 14221 Susan K. Jaros, Town Clerk Zoning Board of Appeals

Town of Amherst, New York

Oct. 11

- LEGAL NOTICE -

NOTICE OF HEARING ON APPEAL

NOTICE is hereby given of a public hearing to be held before the Zoning Board of Appeals of the Town of Amherst, Erie County, New York, at the Amherst Municipal Building, 5583 Main Street, in the Village of Williamsville, Erie County, New York, on Tuesday, October 17, 2006, at 7:00 o'clock P.M. to hear all persons interested in an appeal taken by Charles D. Coyle, D.C., 238 Briarhurst Road, Williamsville, NY 14221, requesting renewal of a special use permit under the Town of Amherst Zoning Ordinance for a chiropractic office - Type II Home Occupation, at 238 Briarhurst Road, Town of Amherst.

The foregoing notice is given pursuant to Section 20, Sub. 12 of the Zoning Ordinance of the Town of Amherst, New York, constituting Chapter 10 of the Ordinances of the Town of Amherst, Erie County, New York, and pursuant to order of the Zoning Board of Appeals of the Town of Amherst, New York. All persons interested in said appeal are requested to appear at the time and place fixed hereinabove for said appeal. October 11, 2006 Williamsville, New York 14221 Susan K. Jaros, Town Clerk Zoning Board of Appeals

Town of Amherst, New York

Oct. 11

- LEGAL NOTICE - an object or purpose for which the Town of

Amherst, in the County of Erie, New York

In accordance with the provisions of is not authorized to expend money or if the

State law, there being due and unpaid provisions of law which should have been

charges for which the undersigned is entitled complied with as of the date of publication

to satisfy an owner's lien of the goods of this notice were not substantially complied

hereinafter described and stored at Uncle with, and an action, suit or proceeding

Bob's Self Storage located at: Uncle Bob's contesting such validity is commenced

Self Storage, 8161 Main St., Williamsville, within twenty days after the publication of

N.Y. 14221; (716) 632-5175; this notice, or such obligations were authorized

And, due notice having been given, to in violation of the provisions of the

the owner of said property and all parties constitution.

known to claim an interest therein, and the

BY ORDER OF THE TOWN BOARD

time specified in such notice for payment of OF THE TOWN OF AMHERST

such having expired, the goods will be sold Dated: October 2, 2006

at public auction at the above stated address Williamsville, New York

to the highest bidder or otherwise Susan K. Jaros

disposed of on Tuesday, Oct. 31, 2006, Town Clerk

3:15 PM.

BOND RESOLUTION OF THE TOWN

Customer Name/Inventory OF AMHERST, NEW YORK, ADOPTED

F48, J. Connolly - Household goods, OCTOBER 2, 2006, APPROPRIATING

furniture, boxes. $4,800,000 FOR THE INCREASE AND

F54, J. Connolly - Household goods. IMPROVEMENT OF FACILITIES OF SANITARY

SEWER DISTRICT NOS. 1 AND

F66, J. Connolly - Household goods, furniture, boxes.

F14, J. Stuber - Household goods, furniture, boxes, TV, stereo.

F77, B. Cabrera - Household goods, furniture, boxes.

G50, D. Reshen - Household goods, furniture, boxes, TV, stereo, appliances, office equipment.

B13, D. Schultz - Household items, furn., boxes, sporting goods, tool, appliances, office equip.

F38, M. Konitzer - Household goods, furniture, boxes.

F11, B. Minthorn - Household goods, boxes.

Oct. 11, 18

- LEGAL NOTICE -

NOTICE OF HEARING ON APPEAL

NOTICE is hereby given of a public hearing to be held before the Zoning Board of Appeals of the Town of Amherst, Erie County, New York, at the Amherst Municipal Building, 5583 Main Street, in the Village of Williamsville, Erie County, New York, on Tuesday, October 17, 2006, at 7:00 o'clock P.M. to hear all persons interested in an appeal taken by Anthony Perrotta, c/o Krislyn Co., LLC, Rocco J. Del- Grosso, 7954 Transit Road #137, Williamsville, NY 14221, requesting a variance to the Town of Amherst Zoning Ordinance for a) lot width; and b) lot area, at 71 Chapel Woods, Town of Amherst.

The foregoing notice is given pursuant to Section 20, Sub. 12 of the Zoning Ordinance of the Town of Amherst, New York, constituting Chapter 10 of the Ordinances of the Town of Amherst, Erie County, New York, and pursuant to order of the Zoning Board of Appeals of the Town of Amherst, New York. All persons interested in said appeal are requested to appear at the time and place fixed hereinabove for said appeal. October 11, 2006 Williamsville, New York 14221 Susan K. Jaros, Town Clerk Zoning Board of Appeals

Town of Amherst, New York

Oct. 11

- LEGAL NOTICE -

NOTICE TO BIDDERS

AMHERST UTILITY COOPERATIVE (AUC) FOR THE PURCHASE

OF ELECTRICITY

YEAR 2007

TOWN OF AMHERST JOB NO. 98-82

Sealed bids for the purchase of Electric Supply for the AMHERST UTILITY COOPERATIVE (AUC), Town of Amherst, New York will be received by the Town Clerk at her office in the Municipal Building, Williamsville, NY 14221, on or before 2:00 PM local time on Thursday, October 19, 2006, at which time they will be opened and read aloud in the Council Chambers, Amherst Municipal Building, 5583 Main Street, Williamsville, New York.

Specifications may be obtained or examined at the office of the Town Clerk of the Town of Amherst between the hours of 8:00 AM and 4:30 PM from Wednesday, October 11, 2006, to Thursday, October 19, 2006, except Saturdays, Sundays & Holidays.

BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF AMHERST, ERIE COUNTY, NEW YORK SUSAN K. JAROS, TOWN CLERK

DATE: October 11, 2006

Oct. 11

- LEGAL NOTICE -

NOTICE OF PUBLIC HEARING

Notice is hereby given that the Assessment Rolls for 2007 have been completed for Erie County Sewer District Nos. 1, 2, 3, 4, 5, 6 and 8 and will be on file in the Office of the Division of Sewerage Management, Department of Environment & Planning, 95 Franklin Street, Buffalo, NY l4202, and open for public inspection during business hours on and after the 1st day of October, 2006.

The County Legislature will hold a Public Hearing on the Assessment Rolls at 1:30 p.m., local time, on November 2, 2006, in the Chambers of the Erie County Legislature, 92 Franklin Street, 4th Floor, Buffalo, New York, to hear all persons interested in the subject concerning the same. DATED: September 28, 2006 Buffalo, New York CLERK

Erie County Legislature

Oct. 11

- LEGAL NOTICE -

NOTICE OF PUBLIC HEARING

Notice is hereby given that the Erie County Board of Health, on the 21st day of September 2006 made a motion calling for a public hearing to be held concerning additions to the Erie County Sanitary Code Article I, Section 9 - (Permits Generally).

A public hearing will be conducted by the Erie County Board of Health on Tuesday, October 31, 2006, at 3:00 P.M. in the Erie County Health Department Board Room 904 of the Rath Building, 95 Franklin Street, in the City of Buffalo, New York to hear all persons interested in this matter.

The proposed revisions are available for public inspection in the offices of the Erie County Health Department in Room 910 of the Rath County Office Building, 95 Franklin Street, in the City of Buffalo and in the offices of all Town, Village and City Clerks. RICHARD G. JUDELSOHN, M.D. President Erie County Board of Health

Oct. 11, 18

- LEGAL NOTICE -

BY VIRTUE OF EXECUTION(S), SHERIFF'S DOCKET NUMBER 334722 ISSUED OUT OF A COURT OF RECORD, TO ME DIRECTED AND DELIVERED, AGAINST THE REAL AND PERSONAL PROPERTY OF JAMES R. JAJKOWSKI, I HAVE SEIZED AND TAKEN ALL RIGHT, TITLE, AND INTEREST WHICH THE JUDGMENT DEBTOR(S) HAD ON THE 4TH DAY OF MAY, 2006, OR AT ANYTIME SINCE OR NOW HAS, OF, IN AND TO THE FOLLOWING DESCRIBED PREMISES, TO WIT:

ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, being part of Lot No. 6, Township 10, Range 7 of the Buffalo Creek Reservation and according to map filed under Cover No. 480 is known as subdivision lot No. 23 in Block "A" and being thirty (30) feet front and rear by one hundred one and six tenths (101.6) feet in depth situate on the easterly side of Willet Street, commencing six hundred (600) feet south of Clinton Street.

ALL OF WHICH I shall expose for sale at public venue at the Erie County Sheriff's Office-Civil Process Division, 134 West Eagle Street, in the City of Buffalo, New York, on the 7th day of December, 2006, at 9:00 o'clock in the Forenoon.

Terms of Sale: The interest of the judgment debtor being sold may be subject to liens, mortgages, taxes or other encumbrances. Payment by cash, money order or attorney check. At least 10% down at conclusion of bidding, balance due by 4:00 PM of the next business day following conclusion of bidding. Downpayment may be subject to forfeiture if the balance due is not paid by the due date. Dated this 2nd day of October, 2006. Sheriff: Timothy B. Howard

Undersheriff: Richard Donovan

Sale to be conducted by Deputy Gene Nati, phone #858-7626

Judgment creditor's attorney is Rupp, Baase, Pfalzgraf, Cunningham & Coppola, LLC, 1600 Liberty Building, Buffalo, NY 14202 Oct. 11, 25; Nov. 8, 22

appear at the public hearing may submit comments in writing to the Amherst Planning Department, 5583 Main Street, Williamsville, N.Y. 14221. Comments will be received no later than November 17, 2006.

Interpreters will be available upon request at the meeting to sign for the hearing impaired. If you are in need of such special arrangements, please contact the Amherst Planning Department at 631-7082 seven (7) business days in advance of the hearing. The hearing location is accessible to the physically handicapped. Satish B. Mohan Town Supervisor

Town of Amherst

Oct. 11

- LEGAL NOTICE -

NOTICE OF HEARING ON APPEAL

NOTICE is hereby given of a public hearing to be held before the Zoning Board of Appeals of the Town of Amherst, Erie County, New York, at the Amherst Municipal Building, 5583 Main Street, in the Village of Williamsville, Erie County, New York, on Tuesday, October 17, 2006, at 7:00 o'clock P.M. to hear all persons interested in an appeal taken by Hampton Inn/Candlewood Suites, c/o Roberts Shackleton Boy A & E, James E. Boy, 66 Cayuga Road, Cheektowaga, NY 14225, requesting a variance to the Town of Amherst Zoning Ordinance for a) front setback - addition to Hampton Inn; b) front setback - gazebo; and c) front setback - Candlewood Suites, at 10 & 20 Flint Road, Town of Amherst.

The foregoing notice is given pursuant to Section 20, Sub. 12 of the Zoning Ordinance of the Town of Amherst, New York, constituting Chapter 10 of the Ordinances of the Town of Amherst, Erie County, New York, and pursuant to order of the Zoning Board of Appeals of the Town of Amherst, New York. All persons interested in said appeal are requested to appear at the time and place fixed hereinabove for said appeal. October 11, 2006

Williamsville, New York 14221

Susan K. Jaros, Town Clerk

- LEGAL NOTICE - Zoning Board of Appeals

Town of Amherst, New York NOTICE OF HEARING ON APPEAL

Oct. 11

NOTICE is hereby given of a public

hearing to be held before the Zoning Board of Appeals of the Town of Amherst, Erie

- LEGAL NOTICE - County, New York, at the Amherst Municipal

Building, 5583 Main Street, in the

NOTICE OF HEARING

Village of Williamsville, Erie County, New

ON TOWN OF AMHERST BUDGET

York, on Tuesday, October 17, 2006, at

FOR YEAR 2007

7:00 o'clock P.M. to hear all persons interested

NOTICE IS HEREBY GIVEN that the

in an appeal taken by University

preliminary budget, (Supervisor's Tentative

Mobil Convenience Store, Dunkin Donut,

budget without Town Board modifications)

Georges Atallah, 3652 Sheridan Drive,

of the Town of Amherst, Erie County, New

Amherst, NY 14226, requesting a variance

York, for the fiscal year beginning January

to the Town of Amherst Zoning Ordinance

1, 2007, is filed in the office of the Town

for a) enlarge non-conforming structure; b)

Clerk of said Town, at Williamsville, in said

building setback from Millersport Highway;

Town, where it will be available for inspection

c) building setback from Sheridan Drive;

by any interested person during regular

and d) number of off-street parking spaces,

business hours after October 2, 2006.

at 3652 Sheridan Drive, Town of

FURTHER NOTICE IS HEREBY GIVEN

Amherst.

that the Town Board of the said Town

The foregoing notice is given pursuant to

of Amherst will meet and review said preliminary

Section 20, Sub. 12 of the Zoning Ordinance

budget, and hold a public hearing

of the Town of Amherst, New York,

in the Municipal Building, 5583 Main Street,

constituting Chapter 10 of the Ordinances

Williamsville, NY, at 7:15 o'clock, P.M., on

of the Town of Amherst, Erie County, New

the 16th day of October, 2006, and that at

York, and pursuant to order of the Zoning

such hearing any person may be heard in

Board of Appeals of the Town of Amherst,

favor or against the said preliminary budget,

New York. All persons interested in said

as compiled by the Town Board, or for

appeal are requested to appear at the time

or against any item or items therein contained.

and place fixed hereinabove for said appeal.

FURTHER NOTICE IS HEREBY GIVEN,

October 11, 2006

pursuant to Section 108 of the Town

Williamsville, New York 14221

Law, that the following are proposed yearly

Susan K. Jaros, Town Clerk

salaries of Town Officers of this town, to

Zoning Board of Appeals

wit:

Town of Amherst, New York

Supervisor, $75,000.00

Oct. 11

Councilmember/Deputy Supervisor,

$25,500.00 + $3,500

- LEGAL NOTICE - Town Councilmembers (5), $25,500.00

Town Justice, $69,500.00

NOTICE OF HEARING ON APPEAL

Town Justice, $69,500.00

NOTICE is hereby given of a public

Town Clerk, $62,500.00

hearing to be held before the Zoning Board

Superintendent of Highways,

of Appeals of the Town of Amherst, Erie

$71,483.00

County, New York, at the Amherst Municipal

Additional Responsibilities:

Building, 5583 Main Street, in the

Parks, $ 7,500.00

Village of Williamsville, Erie County, New

Signs/Signal/Storm Drainage,

York, on Tuesday, October 17, 2006, at

$2,500.00

7:00 o'clock P.M. to hear all persons interested

Total (Superintendent of Highways),

in an appeal taken by Everett J.

$81,483.00

Francis, 305 Maple Road, Williamsville, NY

By Order of the Town Board

14221, requesting a variance to the Town

Town of Amherst, Erie County,

of Amherst Zoning Ordinance for accessory

New York

structure floor area, at 305 Maple Road,

Susan K. Jaros, Town Clerk

Town of Amherst.

Oct. 11

The foregoing notice is given pursuant to

Section 20, Sub. 12 of the Zoning Ordinance of the Town of Amherst, New York, constituting Chapter 10 of the Ordinances of the Town of Amherst, Erie County, New York, and pursuant to order of the Zoning Board of Appeals of the Town of Amherst, New York. All persons interested in said appeal are requested to appear at the time and place fixed hereinabove for said appeal. October 11, 2006 Williamsville, New York 14221 Susan K. Jaros, Town Clerk Zoning Board of Appeals Town of Amherst, New York Oct. 11

I); stating the estimated maximum cost thereof is $987,690; appropriating said amount therefor, including the expenditure of grant funds, available Town funds and funds or in-kind services to be obtained from other sources to pay a part of said appropriation; and authorizing the issuance of $500,000 serial bonds of said Town to finance the balance of said appropriation," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows:

FIRST: AUTHORIZING said Town to construct various improvements to the new Town Community Center building located at 4110 Bailey Avenue, including any ancillary or related work required in connection therewith; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $987,690; APPROPRIATING said amount therefor; and STATING the plan of financing includes the expenditure of $151,682.66 Community Block Grant Funds, $230,000 available Town funds and $106,007.34 in funds or in-kind services to be obtained from other sources to pay a part of said appropriation, the issuance of $500,000 serial bonds of the Town to finance the balance of said appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon;

SECOND: AUTHORIZING the issuance of $500,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance a part of said appropriation;

THIRD: DETERMINING and STATING the period of probable usefulness applicable to the purpose for which said serial bonds are authorized to be issued is fifteen (15) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized or for such expenditures made on or before such effective date if the Town Board has made a prior declaration of intent to issue indebtedness therefor; and the proposed maturity of said $500,000 serial bonds will exceed five (5) years;

FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town;

FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and

SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: October 2, 2006 By Order of the Town Board Town of Amherst, Erie County, New York

Susan K. Jaros, Town Clerk

Oct. 11

- LEGAL NOTICE -

BY VIRTUE OF EXECUTION(S), SHERIFF'S DOCKET NUMBER 335594 ISSUED OUT OF A COURT OF RECORD, TO ME DIRECTED AND DELIVERED, AGAINST THE REAL AND PERSONAL PROPERTY OF JAMES R. JAJKOWSKI, I HAVE SEIZED AND TAKEN ALL RIGHT, TITLE, AND INTEREST WHICH THE JUDGMENT DEBTOR(S) HAD ON THE 4TH DAY OF MAY, 2006, OR AT ANYTIME SINCE OR NOW HAS, OF, IN AND TO THE FOLLOWING DESCRIBED PREMISES, TO WIT:

All That Tract or Parcel of Land, situated in the Village of Sloan, Town of Cheektowaga, County of Erie and State of New York, being part of Lot Number thirty-two (32), Township eleven (11), Range seven (7) of the Holland Land Company's Survey and further distinguished as Subdivision Lots Numbers three (3) and four (4) and part of Subdivision Lot Number two (2), Block "E," as shown on a map filed in Erie County Clerk's Office under Cover Number 298, bounded and described as follows:

COMMENCING at the point of intersection of the southerly line of Broadway with the westerly line of Wagner Avenue; thence westerly along the southerly line of Broadway, eighty-three and seventy-nine hundredths

(83.79) feet; thence southerly parallel

with the westerly line of Wagner Avenue,

- LEGAL NOTICE - one hundred thirty-one and nine

hundredths (131.09) feet to the south line NOTICE OF HEARING ON APPEAL

of Subdivision Lot Number two (2); thence

NOTICE is hereby given of a public

easterly along the southerly line of Subdivision hearing to be held before the Zoning Board

Lots Numbers two (2), three (3) and of Appeals of the Town of Amherst, Erie

four (4), eighty-two and seventy-nine hundredths County, New York, at the Amherst Municipal

(82.79) feet to the westerly line of Building, 5583 Main Street, in the

Wagner Avenue and thence northerly Village of Williamsville, Erie County, New

along the westerly line of Wagner Avenue, York, on Tuesday, October 17, 2006, at

one hundred forty-five and twenty-nine 7:00 o'clock P.M. to hear all persons interested

hundredths (145.29) feet to the place of in an appeal taken by Jean Hutchinson,

beginning. c/o James E. Pellow, A.I.A., Architect,

ALL OF WHICH I shall expose for sale 700 Beach Road, Buffalo, NY 14225, requesting

at public venue at the Erie County Sheriff's a special use permit under the

Office-Civil Process Division, 134 West Town of Amherst Zoning Ordinance for an

Eagle Street, in the City of Buffalo, New

auxiliary housing unit, at 95 Meadowbrook

- LEGAL NOTICE - York, on the 7th day of December, 2006, at Road, Town of Amherst.

9:30 o'clock in the Forenoon.

The foregoing notice is given pursuant to

PUBLIC HEARING

Terms of Sale: The interest of the judgment

Section 20, Sub. 12 of the Zoning Ordinance

TOWN OF AMHERST

debtor being sold may be subject to

of the Town of Amherst, New York,

FY 2007

liens, mortgages, taxes or other encumbrances.

constituting Chapter 10 of the Ordinances

COMMUNITY DEVELOPMENT

Payment by cash, money order or

of the Town of Amherst, Erie County, New

BLOCK GRANT

attorney check. At least 10% down at

York, and pursuant to order of the Zoning

HOME INVESTMENT

conclusion of bidding, balance due by 4:00

Board of Appeals of the Town of Amherst,

PARTNERSHIP GRANT

PM of the next business day following

New York. All persons interested in said

A public hearing will be held by the Town

conclusion of bidding. Downpayment may

appeal are requested to appear at the time

Board of the Town of Amherst in the

be subject to forfeiture if the balance due is

and place fixed hereinabove for said appeal.

Amherst Municipal Building, 5583 Main

not paid by the due date.

Street in the Village of Williamsville, New

Dated this 2nd day of October, 2006.

October 11, 2006

York on October 16, 2006 at 7:30 p.m. to

Sheriff: Timothy B. Howard

Williamsville, New York 14221

solicit the views of citizens, public agencies

Undersheriff: Richard Donovan

Susan K. Jaros, Town Clerk

and other interested parties on possible

Sale to be conducted by Deputy Gene

Zoning Board of Appeals

projects to address the housing and community

Nati, phone #858-7626

Town of Amherst, New York

development needs identified in the

Judgment creditor's attorney is Rupp,

Oct. 11

Town's 2005-2009 Consolidated Plan, and

Baase, Pfalzgraf, Cunningham & Coppola,

to review the Community Development

LLC, 1600 Liberty Building, Buffalo, NY

Program performance during the 2006 program

- LEGAL NOTICE - 14202

year.

Oct. 11, 25; Nov. 8, 22

Anticipated funding levels for these programs TOWN OF AMHERST, NEW YORK

PLEASE TAKE NOTICE that on October

- LEGAL NOTICE - for Federal FY 2007 are:

Amherst CDBG: 2, 2006, the Town Board of the Town of

Amherst, in the County of Erie, New York,

NOTICE OF HEARING ON APPEAL Estimated $611,000

adopted a bond resolution entitled:

NOTICE is hereby given of a public HOME Consortium

"Bond Resolution of the Town of

hearing to be held before the Zoning Board ( Amherst- Tonawanda- Cheektowaga)

Amherst, New York, adopted October 2,

of Appeals of the Town of Amherst, Erie Estimated $1,121,000

2006, authorizing the construction of various

County, New York, at the Amherst Municipal Those wishing to offer comments at the

improvements to the new Town Community

Building, 5583 Main Street, in the public hearing are encouraged to submit a

Center building located at 4110

Village of Williamsville, Erie County, New written text, as well. Those not choosing to Bailey Avenue, Amherst, New York (Phase York, on Tuesday, October 17, 2006, at

7:00 o'clock P.M. to hear all persons interested in an appeal taken by John M. Aquino, 39 Clearwater Drive, Amherst, NY 14228, requesting a variance to the Town of Amherst Zoning Ordinance for exterior side yard, at 39 Clearwater Drive, Town of Amherst.

The foregoing notice is given pursuant to Section 20, Sub. 12 of the Zoning Ordinance of the Town of Amherst, New York, constituting Chapter 10 of the Ordinances of the Town of Amherst, Erie County, New York, and pursuant to order of the Zoning Board of Appeals of the Town of Amherst, New York. All persons interested in said appeal are requested to appear at the time and place fixed hereinabove for said appeal. October 11, 2006 Williamsville, New York 14221 Susan K. Jaros, Town Clerk Zoning Board of Appeals

Town of Amherst, New York

Oct. 11

- LEGAL NOTICE -

STATEMENT OF OWNERSHIP

MANAGEMENT AND

CIRCULATION

Publication title: Amherst Bee. Publication number: 024-300. Filing date: 9/29/06. Issue frequency: Weekly - Wednesday. Number of issues published annually: 52. Annual subscription price: $39.00. Mailing address: 5564 Main Street, Williamsville, New York 14221, Erie County. Contact Person: Michael A. Measer, Telephone 716-632-4700.

Publisher: George J. Measer III, 5564 Main Street, Williamsville, New York 14221.

Editor: David F. Sherman, 5564 Main Street, Williamsville, New York 14221.

Managing editor: David F. Sherman, 5564 Main Street, Williamsville, New York 14221.

(Same address for all).

Owner: Bee Publications Inc., 5564 Main Street, Williamsville, New York 14221. George J. Measer, George J. Measer III, Karen Measer Hadala, Kimberly Measer Sindall.

Known bondholders, mortgagees, and other security holders owning or holding 1 percent or more of total amount of bonds, mortgages, or other securities: None.

Publication title: Amherst Bee.

Issue date for circulation data: September 13, 2006.

Total number of copies: (Average no. copies each issue during preceding 12 months) 7,430; (No. copies of single issue published nearest to filing date) 6,530.

Paid and/or requested circulation:

Paid/requested outside-County mail subscriptions stated on Form 3541 (Average no. copies each issue during preceding 12 months) 193; (No. copies of single issue published nearest to filing date) 183.

Paid in-County subscriptions (Average no. copies each issue during preceding 12 months) 6,816; (No. copies of single issue published nearest to filing date) 5,885.

Sales through dealers and carriers, street vendors, counter sales, and other Non-USPS paid distribution (Average no. copies each issue during preceding 12 months) 0; (No. copies of single issue published nearest to filing date) 0.

Other classes mailed through the USPS (Average no. copies each issue during preceding 12 months) 0; (No. copies of single issue published nearest to filing date) 0.

Total paid and/or requested circulation (Average no. copies each issue during preceding 12 months) 7,009; (No. copies of single issue published nearest to filing date) 6,068.

Free distribution by mail:

Outside-County as stated on Form 3541 (Average no. copies each issue during preceding 12 months) 14; (No. copies of single issue published nearest to filing date) 15.

In-County as stated on Form 3541 (Average no. copies each issue during preceding 12 months) 54; (No. copies of single issue published nearest to filing date) 46.

Other classes mailed through the USPS (Average no. copies each issue during preceding 12 months) 0; (No. copies of single issue published nearest to filing date) 0.

Free distribution outside the mail (Average no. copies each issue during preceding 12 months) 0; (No. copies of single issue published nearest to filing date) 0.

Total free distribution: (Average no. copies each issue during preceding 12 months) 68; (No. copies of single issue published nearest to filing date) 61.

Total distribution: (Average no. copies each issue during preceding 12 months) 7,077; (No. copies of single issue published nearest to filing date) 6,129.

Copies not distributed: (Average no. copies each issue during preceding 12 months) 353; (No. copies of single issue published nearest to filing date) 401.

Total: (Average no. copies each issue during preceding 12 months) 7,430; (No. copies of single issue published nearest to filing date) 6,530.

Percent paid and/or requested circulation: (Average no. copies each issue during preceding 12 months) 99%; (No. copies of single issue published nearest to filing date) 99%.

Publication of Statement of Ownership:

Publication required. Will be printed in the 10/11/06 issue of this publication. John J. Evans, Executive Vice President

9/20/2006

Oct. 11

- LEGAL NOTICE -

AMENDMENT OF ORDINANCE

TAKE NOTICE that portion of Chapter Ten of the ordinance of the Town of Amherst known as the Zoning Ordinance and the Zoning or use map thereunder having to do with the Use District in which the hereinafter described property is located, be and the same are hereby altered and amended so as to change the use district from SA, SC, GB, MFR-5 & MS to SA, GB and TND for the following described property to wit: Attachment D DESCRIPTIONS OF PROPERTIES SUBJECT TO THIS ZONING AMENDMENT

The following parcels as identified by their SBL #, and as shown on the tax maps submitted with this application are being entirely rezoned to the district indicated. SBL#, PARCEL ADDRESS, Parcel Identification Number, EXISTING ZONING, PROPOSED ZONING

16.00-2-16, 780 New Road, 7, SA, TND

16.00-2-17, 4350 Millersport Highway, 6, GB, TND

16.00-2-20, 4300 Millersport Highway, 5, SC & GB, TND

16.00-2-21, 4270 Millersport Highway, 4, SA, TND

16.00-2-22, 222 Smith Road, 3, SC, TND

16.00-2-23, 220 Smith Road, 2, SC, TND

16.00-2-24, 210 Smith Road, 1, SC, TND

16.00-3-15, 4470 Millersport Highway, 10, GB, TND

16.00-3-16, 4460 Millersport Highway, 11, GB, TND

16.00-5-40, 11020 Transit Road, 22, MFR-5, SA

28.00-2-1, 520 New Road, 14, GB, SA

28.00-2-47, 265 Smith Road, 19, GB, SA

28.00-2-48./A, 4245 Millersport Highway, 16, GB, SA

28.00-2-49, 4200 Millersport Highway, 18, GB, SA

28.00-2-51, 4190 Millersport Highway, 17, GB, SA

28.00-3-1.2, 445 Smith Road, 13, GB & MFR-5, SA

4.00-3-10, 11400 Transit Road, 26, SC, GB

4.00-3-12.3, 11420 Transit Road, 25, SC & MS, GB

4.00-3-19, 5420 Millersport Highway, 29, SC, GB

4.00-3-9, 5565 Millersport Highway, 30, MS, GB

The following list are those parcels which only a portion of the entire parcel is being rezoned to the district indicated or are being rezoned in their entirety to two (2) different zoning districts. For each of these parcels, legal descriptions follow.

SBL#, PARCEL ADDRESS, Parcel Identification Number, EXISTING ZONING, PROPOSED ZONING

16.00-2-15, 790 New Road, 8, SA, TND

16.00-5-13, 5005 Millersport Highway, 23, MFR-5, SA

28.00-2-48, 4225 Millersport Highway, 15, GB, SA

4.00-3-20, 5500 Millersport Highway, 28, SC, GB

4.00-3-21.1, 4525 Tonawanda Creek Road, 27, SC, GB & SA SBL# 16.00-2-15 790 New Road Rezone that portion of parcel zoned SA to TND

ALL THAT TRACT OR PARCEL OF LAND situated in the Town of Amherst, County of Erie and State of New York, being part of Farm Lot 54, Township 13, Range 7 of the Holland Land Company's survey, bounded and described as follows:

BEGINNING at a point on the south Line of Lot No. 54 also being the southeast corner of SBL# 16.00-2-15; thence northerly along the easterly boundary of SLB# 16.00-2-15 to the northeast corner of SBL# 16.00-2-15 said line also being the westerly boundary of New Road a distance of 67.64 feet to a point; thence westerly parallel to the southerly line of Lot No. 54 along the northerly line of SBL# 16.00-2-15 a distance of 746.21 feet to a point; thence southerly at right angles a distance 66.00 feet to a point; thence easterly along the southerly line of Lot No. 54 also being the southern line of SBL# 16.00-2-15 a distance of 763.04 feet to the southeast corner of SBL# 16.00-2-15 and place of beginning, containing 1.14 acres more or less. SBL# 16.00-5-13 5005 Millersport Highway Rezone that portion of parcel zoned MFR-5 to SA

ALL THAT TRACT OR PARCEL OF LAND situated in the Town of Amherst, County of Erie and State of New York, being part of Farm Lot 58, Township 13, Range 7 of the Holland Land Company's survey, bounded and described as follows:

BEGINNING at the northwest corner of SBL# 16.00-5-13; thence southwesterly along the westerly boundary of SBL# 16.00-5-13 also being the easterly boundary of Millersport Highway a distance of 377.00 feet to a point also being the northwest corner of SBL# 16.00-5-12; thence easterly along the northerly boundary of SBL# 16.00-5-12 as extended to a point in the easterly boundary of SBL# 16.00-5-13; thence northerly along the easterly boundary of SBL# 16.00-5-13 to the northeasterly corner of SBL# 16.00-5-13; thence westerly along the northern most boundary of SBL# 16.00-5-13 to the place of beginning, containing 10.6 acres more or less. SBL# 28.00-2-48 4225 Millersport Highway Rezone that portion of parcel zoned GB to SA

ALL THAT TRACT OR PARCEL OF LAND situated in the Town of Amherst, County of Erie and State of New York, being part of Farm Lot 53, Township 13, Range 7 of the Holland Land Company's survey, bounded and described as follows:

BEGINNING at the southwest most corner of SBL# 28.00-2-48; thence northerly along the westerly boundary of SBL# 28.00-2-48 to a point on the easterly boundary of Millersport Highway also being the northwestern most boundary of SBL# 28.00-2-48; thence northeasterly along the southern boundary of Millersport Highway to its intersection with the centerline of Ransom Creek; thence easterly along the centerline of Ransom Creek to its intersection with the easterly boundary of SBL# 28.00-2-48; thence southerly along the easterly boundary of SBL# 28.00-2-48 the southeast corner of the aforementioned SBL#; thence westerly along the southerly line of SBL# 28.00-2-48 a distance of 596.08 feet to the place of beginning, containing 8.8 acres more or less.

EXCEPTING there from the following; beginning at the southwest most corner of SBL# 28.00-2-48; thence easterly along the southerly line of SBL# 28.00-2-48 a distance of 596.08 feet to the southeast corner of aforementioned SBL#; thence northerly along the eastern boundary of SBL# 28.00-2-48 a distance of 72.17 feet to a point; thence westerly along a line to the southwest corner of SBL# 28.00-2-48 to the place of beginning, containing 0.5 acres more or less. SBL# 4.00-3-20 5500 Millersport Highway Rezone land zoned SC to GB & SA Rezone the following from SC to GB

ALL THAT TRACT OR PARCEL OF LAND situated in the Town of Amherst, County of Erie and State of New York, being part of Farm Lot 1, Township 13, Range 7 of the Holland Land Company's survey, bounded and described as follows:

BEGINNING at the southeast corner of SBL# 4.00-3-20; thence northeasterly along the southeasterly boundary of SBL# 4.00-3-20 also being the westerly highway boundary of Millersport Highway a distance of 696.00 feet to a point also being the northeast corner of SBL# 4.00-3-20; thence westerly along the northern boundary of SBL# 4.00-3-20 to a point of intersection with a line parallel to the centerline of Millersport Highway 500.00 feet distant; thence southwesterly along a line 500.00 feet distant and parallel to the centerline of Millersport Highway to a point on the western boundary of SBL# 4.00-3-20; thence southerly along the western boundary of SBL# 4.00-3-20also being the western boundary of Lot 1 to the southwest corner of the aforementioned SBL#; thence southeasterly along the southern boundary of SBL# 4.00-3-20 a distance of 381.00 feet to the southeast corner of the aforementioned SBL# to the place of beginning containing 4.7 acres more or less. Rezone the following from SC to SA

ALL THAT TRACT OR PARCEL OF LAND situated in the Town of Amherst, County of Erie and State of New York, being part of Farm Lot 1, Township 13, Range 7 of the Holland Land Company's survey, bounded and described as follows:

BEGINNING at the southeast corner of SBL# 4.00-3-20; thence northwesterly along the southwestern boundary of SBL# 4.00-3-20 a distance of 381.00 feet to a point: thence northerly along the western boundary of SBL# 4.00-3-20 to a point of intersection with a line parallel to the centerline of Millersport Highway 500.00 feet distant being the true point and place of beginning; thence northeasterly along a line 500.00 feet distant and parallel to the centerline of Millersport Highway to a point on the northern boundary of SBL# 4.00-3-20; thence westerly along the northern boundary of SBL# 4.00-3-20 to the northwest corner of the aforementioned SBL#; thence southerly along the westerly boundary of SBL# 4.00-3-20 also being the western boundary of Lot 1 to the place of beginning, containing 0.17 acres more or less. SBL# 4.00-3-21.1 4525 Tonawanda Creek Road Rezone land zoned SC to GB & SA Rezone the following from SC to GB

ALL THAT TRACT OR PARCEL OF LAND situated in the Town of Amherst, County of Erie and State of New York, being part of Farm Lot 1, Township 13, Range 7 of the Holland Land Company's survey, bounded and described as follows:

BEGINNING at the southeasterly most corner of SBL# 4.00-3-21.1; thence northeasterly along the southeasterly boundary of SBL# 4.00-3-21.1 also being the westerly highway boundary of Millersport Highway a distance of 241.00 feet to a point also being the southwest corner of SBL# 4.00-3-8; thence northerly along the easterly boundary of SBL# 4.00-3-21.1 to a point of intersection with a line parallel to the centerline of Millersport Highway 500.00 feet distant; thence southwesterly along a line 500.00 feet distant and parallel to the centerline of Millersport Highway to a point on the southern boundary of SBL# 4.00-3-21.1; thence easterly along the southern boundary of SBL# 4.00-3-21.1 to the place of beginning containing 8.1 acres more or less. Rezone the following from SC to SA

ALL THAT TRACT OR PARCEL OF LAND situated in the Town of Amherst, County of Erie and State of New York, being part of Farm Lot 1, Township 13, Range 7 of the Holland Land Company's survey, bounded and described as follows:

BEGINNING at the northeast corner of SBL# 4.00-3-21.1; thence southerly along the easterly boundary of SBL# 4.00-3-21.1 to a point of intersection with a line parallel to the centerline of Millersport Highway 500.00 feet distant; thence southwesterly along a line 500.00 feet distant and parallel to the centerline of Millersport Highway to a point on the southern boundary of SBL# 4.00-3-21.1; thence westerly along the southern boundary of SBL# 4.00-3-21.1 to the southwest corner of the aforementioned SBL#; thence northerly along the west boundary of Lot 1 to the northwest corner of SBL# 4.00-3-21.1; thence northeasterly along the northern boundary of SBL# 4.00-3-21.1 also being the southern boundary of Tonawanda Creek Road a distance of 900.00 feet to the place of beginning containing 18.0 acres more or less. or as much thereof as the Town Board shall approve.

Petitioner: Town of Amherst

Address of Described Property: As stated above

The foregoing ordinance was amended and/or altered as set forth by the majority vote of the Town Board of the Town of Amherst at a regular meeting held pursuant to law after due notice of the proposed amendment or alteration. Said meeting was held in the Amherst Municipal Building on the 5th day of September 2006. Susan K. Jaros, Town Clerk Town of Amherst, Erie County, New York

Oct. 11