Legal Notices for 07/20/18

Commonwealth of Massachusetts

The Trial Court

Probate and Family Court Department

BERKSHIRE Division

44 Bank Row

Pittsfield, MA 01201

(413) 442-6941

Docket No. BE18P0474EA

 

In the Estate of Eunice M. McCracken

Also known as: Eunice McCracken

Date of Death: 06/04/2018

CITATION ON PETITION FOR FORMAL ADJUDICATION

To all interested persons: A petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Kim E. Mahoney of Ashley Falls MA requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition. The petitioner requests that Kim E. Mahoney of Ashley Falls MA be appointed as Personal Representative(s) of said estate to serve Without Surety on the bond in an unsupervised administration.

IMPORTANT NOTICE

You have the right to obtain a copy of the Petition from the Petitioner or at the Court. You have a right to object to this proceeding. To do so, you or your attorney must file a written appearance and objection at this Court before: 10:00 a.m. on the return day of 08/02/2018.

This is NOT a hearing date, but a deadline by which you must file a written appearance and objection if you object to this proceeding. If you fail to file a timely written appearance and objection followed by an affidavit of objections within thirty (30) days of the return day, action may be taken without further notice to you.

UNSUPERVISED ADMINISTRATION UNDER THE MASSACHUSETTS UNIFORM PROBATE CODE (MUPC)

A Personal Representative appointed under the MUPC in an unsupervised administration is not required to file an inventory or annual accounts with the Court. Persons interested in the estate are entitled to notice regarding the administration directly from the Personal Representative and may petition the Court in any matter relating to the estate, including distribution of assets and expenses of administration.

 

WITNESS, HON. RICHARD A. SIMONS, First Justice of this Court

Date: July 06, 2018

 

Francis B. Marinaro

Register of Probate

7.20

#3975

 

EGREMONT CONSERVATION COMMISSION

 

Egremont Conservation Commission will hold a public hearing July 26 at 7:30 pm at Egremont Town Hall, 171 Rt. 71, on a Request for Determination of Applicability (RDA) by Linda Kelly regarding installation of four trees at 91 Route 23, said site being adjacent to Smiley’s (Mill) Pond. RDA may be viewed at Town Hall between 7:30 a.m. and 3 p.m. weekdays and anytime at http:​/​​/​masspublicnotices.org​/​.

 

Bill Tynan

ECC Chairman

7.20

#3974

 

GREAT BARRINGTON CONSERVATION COMMISSION

 

The Great Barrington Conservation Commission will hold a public hearing on Wednesday, July 25, 2018 at 6:30 PM at the Great Barrington Town Hall, 334 Main Street, to act on a Notice of Intent from Foresight Land Services on behalf of the Town of Great Barrington. The proposed project will implement storm water drainage improvements for Knob Hill Road and involves work in Knob Hill Road and the adjacent area of Lake Mansfield Road, Great Barrington, Map 10. This hearing will be conducted in accordance with the Massachusetts Wetlands Protection Act, Chapter 131, Section 40 and the Great Barrington Wetlands Bylaw and Regulations, Chapter 168 and Chapter 217 Article III.

 

Gaetan Lachance, Chairman.

7.20

#3976

 

GREAT BARRINGTON CONSERVATION COMMISSION

 

The Great Barrington Conservation Commission will hold a public meeting on Wednesday, July 25, 2018 at 6:30 PM at the Great Barrington Town Hall, 334 Main Street, to act on a Request for Determination of Applicability from Mike Parsons of Kelly, Granger, Parsons & Associates for the Federal National Mortgage Association (Fannie Mae). The property is at 406 Monterey Road, Map 42 Lot 7C. The applicant is seeking to install an upgrade to an existing septic system partly within the outer 50 foot Buffer Zone of a Bordering Vegetated Wetland. This public meeting will be held in accordance with the Massachusetts Wetlands Protection Act, Chapter 131, Section 40 and the Great Barrington Wetlands Bylaw and Regulations, Chapter 168 and Chapter 217 Article III.

 

Gaetan Lachance, Chairman.

7.20

#3977

 

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 Egremont

 

The Egremont Board of Health has recently updated and expanded the Town of Egremont’s Regulations for Refuse and Recycling Collection. Refer to the town website http:​/​​/​www.egremont-ma.gov to view the newly promulgated version.

 

7.20

#3978

 

TOWN OF LEE, MASSACHUSETTS

NOTICE OF A PUBLIC HEARING

 

The Board of Selectmen will hold a Public Hearing on Tuesday, August 7, 2018 at 7:00 P.M. on the application of Canna Provisions Company for approval of a Special Permit under Section 199-9.11 Marijuana Establishments from the Town of Lee Zoning Bylaws. The proposal is to locate a Marijuana Retailer at 220 Housatonic Street. The property affected is located in the CBC (Commercial Business Corridor) Zoning District (Assessors’ Map 19, Lot 11).

Any person interested or wishing to be heard should appear at the time and place designated. If unable to attend please submit comments in writing to the Lee Board of Selectman at 32 Main Street, Lee, MA, 01238. Failure to make recommendations on the matter for review shall be deemed lack of opposition thereto. A copy of the application is available for review in the Town Clerk’s Office.

 

Patricia Carlino

Chairman

7.20, 7.​27

#3972

 

Town of Otis

Conservation Commission

Notice of Public Hearing

 

Pursuant to M.G.L. Chapter 131, Section 40, the Wetlands Protection Act, the Otis Conservation Commission will hold public hearings on THURSDAY, July 26, 2018, at 6:00 p.m. in the Otis Town Hall, 1 North Main Road, in Otis, MA to review the following application:

Public Hearing – RDA – Submitted by Chris Tryon with Berkshire Geo-Technologies, on behalf of David Healy, 633 Pine Rd., map 17D lot 20, regarding the installation of a well and septic system, due to title V failure, in the BZ of OR.

 

7.​20

#3979