Legal Notices: Week of 11/09/2018

Commonwealth

of Massachusetts

Berkshire, SS.

Superior Court Dept.

Civil Action No. 201876CV​—​00241

 

Candice Parsons, as Personal Representative of The Estate of Stephen Murphy Leining, Plaintiff

Vs.

Bankshares and All Known And Unknown Shareholders of Berkshire Resource Management, Inc., Defendants

To: Bankshares and All Known and Unknown Shareholders of Berkshire Resource Management, Inc., Greeting:

WHEREAS, a suit has been begun against you, entitled as above, wherein the plaintiff seeks, among other things, that the defendants or anyone claiming through them be forever restrained and foreclosed from making any adverse claim to the title of the plaintiff in certain premises located at:

Beginning at a point marked by a marble monument at the southwesterly corner of the third parcel described in the grantors’ referenced deed and in the supposed easterly side line of the New York, New Haven & Hartford Railroad;

thence south 11° 51’ 50”West 123.50 feet to a point on the center line of the said Railroad;

thence south 89° 41’ 50”West 24.50 feet to an iron pipe in the supposed westerly side line of the aforesaid Railroad and being the southeasterly corner of the herein described parcel;

thence north 73° 42’ 55”West, 2293.40 feet crossing the swamp and along land of Warren Dolby to an iron pipe in the supposed easterly side line of West Road, so-called;

thence about 2016 feet northerly along the said West Road to a point marked by a marble monument in the easterly side line of the road being the northwesterly corner of the herein described parcel, said marble monument bearing south 8° 56’ 30”East 190.8 feet from a stone monument in the line between the towns of Great Barrington and Sheffield on the easterly side of the said West Road;

thence from the aforementioned northwesterly corner south 89° 55’ 35”East 1991.3 feet along land now or formerly of Antonio Zucco to a marble monument in the supposed westerly side line of land of the New York, New Haven & Hartford Railroad;

thence along the westerly side line of the land of said Railroad 818.7 feet to an iron pipe at land now or formerly of the Palmer Lines Motor Dispatch, the last two points being connected by a course of south, 1° 0’ 35”East 818.7 feet;

thence from the last mentioned iron pipe the following three courses along land of the Palmer Lines: South 89° 41’ 50”West 200 feet to an iron pipe; south 00° 18’ 10”East 200 feet to an iron pipe; and North 89° 41’ 50”East 200 feet to an iron pipe in the line of land of the above-mentioned Railroad;

thence south 00° 18’ 10” East, 1606.46 feet along the supposed sideline of land of the aforesaid Railroad to the point of beginning

Containing 111.8 acres to be the same more or less. All bearing used herein are from the true meridian as taken from the State Highway layout.

Being all of Parcel 4 as described in a deed of Ward’s Nurseries, Inc. to the grantors herein, dated September 19, 1979, and recorded at the Southern Berkshire Registry of Deeds in Book 468, Page 48.

Excepting from the above Parcel, the land conveyed by Berkshire Resource Management, Inc. to the United States of America by Deed dated January 11, 1990 and recorded in the Southern Berkshire Registry of Deeds in Book 725, Page 199.

TAKE NOTICE, if you intend to make any defense, that on February 23, 2019 which is the return day of this notice, or within such further time as the law allows, you must cause your written appearance to be entered and your answer or other pleading to be filed in the office of the Clerk of said Court at Pittsfield, in said County first above-named; and further that you must defend against said suit according to law, if you intend to make any defense.

Whereof, fail not, at your peril, as otherwise said suit may be adjudged, and orders and decrees entered therein, in your absence.

 

Witness, Judge Fabricant, Esquire, Chief Justice of the Superior Court, at Pittsfield this 22nd day of October, 2018.

 

Deborah S. Capeless, Clerk

11.2, 11.9, 11.​16

#4248

 

Commonwealth of Massachusetts

The Trial Court

Probate and Family Court

44 Bank Row

Pittsfield, MA 01201

Docket No.BE18P0643GD

Notice and Order: Petition for Appointment of Guardian of Minor

 

In the interests of: Janet Ngoy Mwanza

Of: Great Barrington, MA

Minor

NOTICE TO ALL INTERESTED PARTIES

1.Hearing Date​/​Time: A hearing on a Petition for Appointment of a minor, filed 09/13/2018 by Doreen N Bagaya of Great Barrington, MA will be held on 01/09/2019 8:30 a.m. Review Hearing located at Berkshire Probate Court, 44 Bank Row, Pittsfield, MA 01201

2.Response to Petition: You may respond by filing a written response to the Petition or by appearing in person at the hearing. If you choose to file a written response you need to:

File the original with the court; and

Mail a copy to all interested parties at least five (5) business days before the hearing.

3.Counsel for the Minor: The minor (or an adult on behalf of the minor) has the right to request that counsel be appointed for the minor.

4.Presence of the minor at Hearing: A minor over age 14 has the right to be present at any hearing unless the Court finds that it is not in the minor’s best interests.

 

Date: October 25, 2018

Francis B. Marinaro

Register of Probate

11.9

#4266

 

Commonwealth of Massachusetts

The Trial Court

Probate and Family Court

44 Bank Row

Pittsfield, MA 01201

Docket No.BE18P0644GD

Notice and Order: Petition for Appointment of Guardian of Minor

 

In the interests of: Hudah Ngoy Nkulu

Of: Great Barrington, MA

Minor

NOTICE TO ALL INTERESTED PARTIES

1.Hearing Date​/​Time: A hearing on a Petition for Appointment of a minor, filed 09/13/2018 by Doreen N Bagaya of Great Barrington, MA will be held on 01/09/2019 8:30 a.m. Review Hearing located at Berkshire Probate Court, 44 Bank Row, Pittsfield, MA 01201

2.Response to Petition: You may respond by filing a written response to the Petition or by appearing in person at the hearing. If you choose to file a written response you need to:

File the original with the court; and

Mail a copy to all interested parties at least five (5) business days before the hearing.

3.Counsel for the Minor: The minor (or an adult on behalf of the minor) has the right to request that counsel be appointed for the minor.

4.Presence of the minor at Hearing: A minor over age 14 has the right to be present at any hearing unless the Court finds that it is not in the minor’s best interests.

 

Date: October 25, 2018

Francis B. Marinaro

Register of Probate

11.9

#4267

 

MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION WETLANDS AND WATERWAYS DEPARTMENT

“notice of License Application” pursuant to M.G.L. Chapter 91 Waterways License

Transmittal Number X281680

 

Applicant: Henry and Elaine Palach

NOTIFICATION DATE: November 8th, 2018 Public notice is hereby given of the “Simplified License BRP WW06 Self Licensing Package” by Henry and Elaine Palach to maintain a dock, boat lift and boat house at 50 South Lake Avenue, Otis, MA 01253 in and over the waters of the Otis Reservoir. The existing structure has been determined to be water dependent. The existing structure is located on the western shoreline of the Otis Reservoir. The MA DEP Wetlands and Waterways Department may conduct a public hearing in order to receive information to be used in its decision on whether to grant a Waterways License pursuant to M.G.L. Chapter 91.The Department will consider all written comments on this Waterways License Application received by close of business on December 8th, 2018. Failure of any aggrieved person or group of ten citizens or more to submit written comments to the Waterways Program by the deadline of December 8th, 2018 will result in the waiver of any right to a hearing in accordance with 310 CMR 9.13( 4 )( C ).Additional information regarding this application may be obtained by contacting the Waterways Program. Project plans and documents for this application are on file with the Waterways Program for public viewing, by appointment only, at the address below. Please address written comments to:

 

David Cameron,
Section Chief

Massachusetts
Department of Environmental Protection, Western Region-Waterways Program

436 Dwight Street

Springfield, MA 01103

11.9

#4265

 

NOTICE OF PUBLIC HEARING

 

The Town of Sheffield Board of Health will hold a public hearing on Monday, November 19, 2018 at 6 p.m. in the first floor meeting room of Town Hall at 21 Depot Square. The hearing is for the discussion and possible action on an amendment to the regulation entitled “Town of Sheffield Board of Health Tobacco Product Regulation” The amendment would raise the ‘minimum legal sales age’ to 21 effective January 1, 2019. All present at the public hearing will have an opportunity to speak. If you cannot attend the public hearing but wish to submit written comments, please send them to: Sheffield Board of Health, 21 Depot Square, Sheffield, MA 01257.

 

Sarah Gulotta,
Chairman

11.9

#4261

 

NOTICE OF PUBLIC HEARING

 

The Great Barrington Selectboard will hold a public hearing on Monday, November 26, 2018 at 7:00 pm at Town Hall, 334 Main Street, Great Barrington, MA 01230 to act on the special permit application from 910 Housing Inc. and the Community Development Corporation of South Berkshire for a Water Quality Protection Overlay District Special Permit, in accordance with Sections 9.2 and 10.4 of the Great Barrington Zoning Bylaw, in order to increase impervious area of a lot by more than 15% or 2,500 square feet. Proposed impervious surfaces are in connection with a proposed development of consisting of up to 49 apartments in several new buildings, and associated parking, driveway and site work, at 910 Main Street.

 

Stephen C. Bannon, Chair

11.9, 11.​16

#4263

 

TOWN OF EGREMONT

REQUEST FOR PROPOSALS

 

The Town of Egremont,

acting through its Board of Selectmen, requests sealed proposals from qualified companies for a Lease Agreement for certain Town-owned real property situated in Egremont, Massachusetts together with a non-exclusive right of reasonable access thereto and to the closest source of electric and telephone facilities for the sole purpose of constructing, installing, operating, maintaining and repairing one or more cellular​/​wireless communication facilities to provide personal communications services, including a telecommunications tower, antennas, an equipment pad or shelter, cables, transmission and utility wires, poles, conduits, pipes, accessories and related equipment and improvements at said Town owned property. Under the proposed Lease Agreement, the Town of Egremont would own the land, the Lessee would own the facility, and the Lessee would use the land for the facility. A Request For Proposals package may be obtained from the Office of the Board of Selectmen, Town Hall, 171 Egremont Plain Road, Egremont, MA during the hours of 7:00 AM to 3:00 PM, Monday through Friday. Sealed proposals are due at the Office of the Board of Selectmen by 1:00pm on Friday January, 18, 2019, when all proposals will be publicly opened by the Procurement Officer and a register of proposals will be prepared. The Board of Selectmen is the awarding authority and reserves the right to reject any or all proposals, to waive minor informalities or irregularities in any proposal and to make any award in any manner consistent with the law and deemed by the Board to be in the best interests of the Town of Egremont.

 

Board of Selectmen

Bruce Turner,
Chairman

George McGurn,
Vice-Chairman

Mary Brazie

11.9

#4258

 

TOWN OF EGREMONT

ZONING BOARD OF APPEALS

PUBLIC HEARING

 

On Monday, November 26, 2018, at 7:30PM, at the Egremont Town Hall, 171 Egremont Plain Road, Egremont, the Zoning Board of Appeals will hold a public hearing to consider the application for variance for 159 Jug End Road, Egremont, to construct a garage that will infringe upon the front line set back. The application can be viewed at the Egremont Town Hall. Written comments will be accepted.

 

Elliott Snyder,
Chairman

Susan Bachleder

James Lamme

Charles Ogden, Alternate

Cathy Fracasse, Alternate

11.9

#4256

 

TOWN OF EGREMONT

ZONING BOARD OF APPEALS

PUBLIC HEARING

 

On Monday, November 26, 2018, at 7:00PM, at the Egremont Town Hall, 171 Egremont Plain Road, Egremont, the Zoning Board of Appeals will hold a public hearing to consider the application of Sara Keene, 17 Main Street, South Egremont, to amend the special permit issued to The Barn at the Egremont Village Inn to allow for a New Years Eve party on Monday, December 31, 2018. The application can be viewed at the Egremont Town Hall. Written comments will be accepted.

 

Elliott Snyder,
Chairman

Susan Bachleder

James Lamme

Charles Ogden, Alternate

Cathy Fracasse, Alternate

11.9

#4260

 

Town of Mount Washington

Public Hearing

 

The Mount Washington Planning Board will hold a public hearing pursuant to the provisions of MGL 40A Section 5 on Tuesday, November 27, 2018 at 6:45 p.m. at the Town Hall, 118 East St. Mount Washington MA, to provide interested parties with an opportunity to comment on proposed amendments to the Mount Washington Bylaws. The proposed amendments would add one associate member to the Planning Board and two associate members to the Zoning Board of Appeals. These changes would be added to Article III §215-6 (L) and Article IV §215-7 of the Zoning Bylaws. Copies of the proposed text may be inspected in the Town Clerk’s office at the Town Hall during office hours or on the Town web site. Any person wishing to be heard on these matters should appear at the time and place designated.

 

Bill Short​—​Planning Board Chairman

11.9, 11.​16

#4259

 

Town of Sandisfield

Invitation for quotes

Snow Plowing and Surface Treatment Services

 

The Town of Sandisfield is seeking sealed quotes for the provision of plowing and road​/​surface treatment services of various properties, a road, and any additional plowing services that may be needed throughout the 2018-2019 winter season. The contractor must have a full spectrum of insurance to indemnify the Town. Those interested must download full details, bid instructions, and required form from the Town website, www.sandisfieldma.gov, or contact the Town Office for a copy at (413) 258-4711, ext 1. All bids must be received no later than Monday November 19, 2018, at 2:00 PM, at which time they will be opened and presented to the public. The Selectmen reserve the right to reject any or all bids and to make any awards in a manner deemed in the best interest of the Town and in compliance with fair procurement practices.

 

11.9

#4264

 

Legal Notice

Town of Great Barrington

Public Hearing

 

The Selectboard will hold a public hearing on Monday, November 26, 2018 at 7:00 PM at the Town Hall, 334 Main Street, Great Barrington, MA 01230 to act on the application of Rubiner’s Cheesemongers and Grocers LLC, Matthew Rubiner, Manager for a New Package Store Beer and Wine Liquor License at 264 Main Street, Great Barrington, MA.

 

Stephen Bannon

Chair

11.9, 11.16