Legal Notices for 07/13/18

ALFORD

CONSERVATION COMMISSION

 

The Alford Conservation Commission will hold a public hearing on Wednesday, July 18, 2018 7:30 PM at the Alford Town Hall, #5 Alford Center Road, to act on a Notice of Intent submitted by Emily Stockman of Stockman Associates LLC on behalf of Steven Haas of H2 Holdings LLC, property located at 59 White’s Hill Road, Map 401 Lot 6. The proposed work includes construction of a permanent bridge spanning an intermittent stream and the installation of utilities. This public hearing will be held in accordance with the Massachusetts Wetlands Protection Act, MGL Chapter 131, Sec. 40 and Regulations 310 CMR 10.00.

 

Henry Flint,

Chairman.

7.​13

#3956

 

CITATION GIVING NOTICE OF PETITION FOR APPOINTMENT OF GUARDIAN FOR INCAPACITATED PERSON PURSUANT TO G.L. c. 190B, Section 5-304

Docket No. BE17P0906GD

Commonwealth of Massachusetts, The Trial Court, Probate and Family Court

Berkshire Probate and Family Court, 44 Bank Row, Pittsfield, MA 01201

 

In the matter of: Nicholas Petelle of: Housatonic, MA

RESPONDENT Alleged Incapacitated Person

To the named Respondent and all other interested persons, a petition has been filed by the Department of Children and Families of Springfield in the above captioned matter, alleging that Nicholas Petelle is in need of a Guardian and requesting that the Department of Children and Families be appointed (or some other suitable person) be appointed as Guardian to serve Without Surety on the bond.

The petition asks the court to determine that the Respondent is incapacitated, that the appointment of a Guardian is necessary, and that the proposed Guardian is appropriate.

The petition is on file with this court and may contain a request for certain specific authority.

You have the right to object to this proceeding. If you wish to do so, you or your attorney must file a written appearance at this court on or before 10:00 AM on the return date of 07/31/2018. This day is NOT a hearing date, but a deadline date by which you have to file the written appearance if you object to the petition. If you fail to file the written appearance by the return date, action may be taken in this matter without further notice to you. In addition to filing the written appearance, you or your attorney must file a written affidavit stating the specific facts and grounds of your objection within 30 days after the return date.

FURTHER NOTICE ON HEARING:

A status conference has been scheduled for August 01, 2018 at 08:30 AM at 44 Bank Row, Pittsfield, MA 01201, to be attended by the respondent, his counsel, the petitioners and other interested persons who file appearance herein.

IMPORTANT NOTICE

The outcome of this proceeding may limit or completely take away the above-named person’s right to make decisions about personal affairs or financial affairs or both. The above-named person has the right to ask for a lawyer. Anyone may make this request on behalf of the above-named person. If the above-named person cannot afford a lawyer, one may be appointed at State expense.

 

WITNESS, Hon. Richard A. Simons, First Justice of this Court

Date: July 3, 2018

 

Francis B. Marinaro, Register of Probate

7.13

#3963

 

COMMONWEALTH OF MASSACHUSETTS

The Trial Court

Probate and Family Court Department

Berkshire Division

Docket No. BE18E0009

 

TO: Roger Sassen of College Station, Texas and all other persons interested;

A Petition for Partition, filed June 5, 2018, has been presented to said Court by Kenneth Sassen, of Moab, Utah, as trustee for the Kenneth Sassen 2009 Trust, representing that he holds as tenant in common an undivided part or share in certain real estate situate in Alford, Berkshire County, Massachusetts, and described as follows:

That certain piece of land situated in the Town of Alford, Berkshire County, Massachusetts, shown and designated as Lot 2 on Plan of Land prepared by Kelly, Granger, Parsons & Associates, Inc., Professional Land Surveyors for the Estate of George Sassen, Alford, MA dated March 12, 2014, and which Plan is recorded in the Southern Berkshire District Registry of Deeds as Plat File Q-69, to which Plan reference is hereby made for a more particular description of the conveyed premises.

Containing 23.886 acres of land.

Excepting and reserving those premises conveyed by the grantor herein to Paul Kaplan and Sally Schnappauf by deed recorded at Book 2243, Page 52.

And setting forth that he desires that all of said land may be sold at public auction with no minimum sale price and praying that partition may be made of all the land aforesaid according to law, and to that end that a commissioner be appointed to make such a partition and be ordered to make sale and conveyance of all, or any part of said land which the Court finds cannot be advantageously divided at either public sale, and be ordered to distribute the net proceeds thereof in such manner as to make the partition just and equal.

If you desire to object thereto, you or your attorney must file a written appearance in said Court at 44 Bank Row, Pittsfield, MA 01201, before ten o’clock in the forenoon on the 6th day of August, 2018, the return day of this citation.

 

WITNESS, Richard A. Simons, First Justice of said Court, this 19th day of June, 2018.

 

Francis B. Marinaro, Register

6.29, 7.6, 7.​13

#3931

 

NOTICE OF MORTGAGEE’S SALE OF REAL ESTATE

 

By virtue and in execution of the Power of Sale contained in a certain mortgage given by Scott F. Dean and Rebecca S. Dean to Beneficial Massachusetts Inc. dated April 25, 2006, recorded at the Berkshire County (Middle District) Registry of Deeds in Book 3505, Page 31; said mortgage was then assigned to U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust by virtue of an assignment dated September 10, 2014, and recorded in Book 5463, Page 84; of which mortgage the undersigned is the present holder for breach of conditions of said mortgage and for the purpose of foreclosing the same will be sold at PUBLIC AUCTION at 09:00 AM on August 6, 2018, on the mortgaged premises. This property has the address of 146 Jones Avenue, Pittsfield, MA 01201. The entire mortgaged premises, all and singular, the premises as described in said mortgage: THE LAND IN SAID PITTSFIELD, BOUNDED AND DESCRIBED AS FOLLOWS: PARCEL ONE: BEING LOT NO. 48 AS SHOWN ON PLAT OF LOTS AT WEST PITTSFIELD GARDENS BELONGING TO JACOB W. WILBUR, SAID PLAN BEING MADE BY A.L. ELIOT, SURVEYOR. DATED APRIL 22, 1913 AND RECORDED WITH BERKSHIRE MIDDLE DISTRICT REGISTRY OF DEEDS, BOOK OF PLANS 326, PAGE 636. SAID LOT MEASURES 50 FEET IN WIDTH BY 100 FEET IN DEPTH, AND CONTAINING, ACCORDING TO SAID PLAN 5,000 SQUARE FEET. MORE OR LESS. PARCEL TWO: TWO CERTAIN LOTS OR PARCELS OF LAND SITUATED ON JONES AVENUE IN PITTSFIELD IN THE COUNTY OF BERKSHIRE, AND COMMONWEALTH OF MASSACHUSETTS BEING FORTY-SIX (46) AND FORTY-SEVEN (47) AS SHOWN ON PLAN OF LOTS AT WEST PITTSFIELD GARDENS, BELONGING TO J.W. WILBUR, SAID PLAN BEING MADE BY A.L. ELIOT. SURVEYOR. DATED APRIL 22, 1913. AND RECORDED WITH BERKSHIRE MIDDLE DISTRICT REGISTRY OF DEEDS. BOOK OF PLANS, BOOK 326, PAGE 636. SAID LOTS MEASURE EACH FIFTY (50) FEET IN WIDTH BY ONE HUNDRED (100) FEET IN DEPTH, AND CONTAIN EACH, ACCORDING TO SAID PLAN. FIVE THOUSAND (5,000) SQUARE FEET, MORE OR LESS. BEING THE SAME PRO PERTY CONVEVED FROM MARILYN J. DEAN, TENANCY NOT STATED, TO SCOTT F. DEAN AND REBECCA S. DEAN, HUSBAND AND WIFE AS T/B/E, BY DEED RECORDED 06/07/1993. IN BOOK 1402, AT PAGE 721. IN THE REGISTER’S OFFICE OF BERKSHIRE COUNTY, MASSACHUSETTS. TAX MAP OR PARCEL ID NO.; C5-5-6 Subject to and with the benefit of easements, reservation, restrictions, and taking of record, if any, insofar as the same are now in force and applicable. In the event of any typographical error set forth herein in the legal description of the premises, the description as set forth and contained in the mortgage shall control by reference. Together with all the improvements now or hereafter erected on the property and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this sale. Terms of Sale: Said premises will be sold subject to any and all unpaid taxes and assessments, tax sales, tax titles and other municipal liens and water or sewer liens and State or County transfer fees, if any there are, and TEN THOUSAND DOLLARS ($10,000.00) in cashier’s or certified check will be required to be paid by the purchaser at the time and place of the sale as a deposit and the balance in cashier’s or certified check will be due in thirty (30) days, at the offices of Doonan, Graves & Longoria, LLC (“DG&L”), time being of the essence. The Mortgagee reserves the right to postpone the sale to a later date by public proclamation at the time and date appointed for the sale and to further postpone at any adjourned sale-date by public proclamation at the time and date appointed for the adjourned sale date. The premises is to be sold subject to and with the benefit of all easements, restrictions, leases, tenancies, and rights of possession, building and zoning laws, encumbrances, condominium liens, if any and all other claim in the nature of liens, if any there be. In the event that the successful bidder at the foreclosure sale shall default in purchasing the within described property according to the terms of this Notice of Sale and​/​or the terms of the Memorandum of Sale executed at the time of foreclosure, the Mortgagee reserves the right to sell the property by foreclosure deed to the second highest bidder, providing that said second highest bidder shall deposit with the Mortgagee’s attorneys, the amount of the required deposit as set forth herein. If the second highest bidder declines to purchase the within described property, the Mortgagee reserves the right to purchase the within described property at the amount bid by the second highest bidder. The foreclosure deed and the consideration paid by the successful bidder shall be held in escrow by DG&L, (hereinafter called the “Escrow Agent”) until the deed shall be released from escrow to the successful bidder at the same time as the consideration is released to the Mortgagee, whereupon all obligations of the Escrow Agent shall be deemed to have been properly fulfilled and the Escrow Agent shall be discharged. Other terms, if any, to be announced at the sale. Dated: July 2, 2018 U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust By its Attorney DOONAN, GRAVES & LONGORIA, LLC, 100 Cummings Center, Suite 225D, Beverly, MA 01915 (978) 921-2670 www.dgandl.com 52362 (DEAN)

 

7.13, 7.20, 7.​27

#3961

 

Town of New Marlborough

Conservation Commission

Public Hearing

 

The Conservation Commission of the Town of New Marlborough will hold a public hearing on July 21, 2018 at 10:00 AM in the Town Hall in the village of Mill River, MA 01244 under the provisions of the Wetlands Protection Act, Chapter 131, and Section 40 to consider a Request of Determination of Applicability:

Michele Shalaby

1093 Clayton Mill River Road

Southfield, MA 01259

For the property located at:

1093 Clayton Mill River Rd

New Marlborough, MA 01230

Assessors Map 414, Lot 120.1

Addition to & expansion of existing house and relate site work.

 

Freddy Friedman, Chair

Conservation

Commission

7.13

#3957

 

Town of New Marlborough

Conservation Commission

Public Hearing

 

The Conservation Commission of the Town of New Marlborough will hold a public hearing on July 21, 2018 at 10:00 AM in the Town Hall in the village of Mill River, MA 01244 under the provisions of the Wetlands Protection Act, Chapter 131, and Section 40 to consider a Request of Determination of Applicability:

Phillip J. Hall

209 Sodom Street

Granville, MA 01034

For the property located at:

0 S. Sandisfield Rd

New Marlborough, MA 01230

Assessors Map 411, Lot 17

Refurbish old single plank foot bridges, build 25 new plank bridges on 25 sites and relate site work.

 

Freddy Friedman, Chair

Conservation

Commission

7.13

#3958

 

Town of New Marlborough

Conservation Commission

Public Hearing

 

The Conservation Commission of the Town of New Marlborough will hold a public hearing on July 21, 2018 at 10:00 AM in the Town Hall in the village of Mill River, MA 01244 under the provisions of the Wetlands Protection Act, Chapter 131, and Section 40 to consider a Request of Determination of Applicability:

Bernard D. & Becky Litchfield

172 S. Sandisfield Rd

New Marlborough, MA 01230

For the property located at:

172 S. Sandisfield Rd

New Marlborough, MA 01230

Assessors Map 407, Lot 35

Install a water level control system to alleviate flooding and relate site work.

 

Freddy Friedman, Chair

Conservation

Commission

7.13

#3959

 

Town of New Marlborough

Conservation Commission

Public Hearing

 

The Conservation Commission of the Town of New Marlborough will hold a public hearing on July 21, 2018 at 10 AM in the Town Hall in the village of Mill River, MA 01244 under the provisions of the Wetlands Protection Act, Chapter 131, Section 40 to consider a Notice of Intent:

Will Regan

Mepal Manor LLC

100 Stone Manor Drive

New Marlborough, MA 01230

For the property located at:

100 Stone Manor Drive

New Marlborough, MA 01230

Assessors Map 404, Lot 48.1

Initiate an Aquatic Management Program at the ponds located on the property and related site work.

 

Freddy Friedman, Chair

Conservation

Commission

7.13

#3960