Legal Notices: Week of 06-14-2019

Commonwealth
of Massachusetts

The Trial Court

Probate and Family Court

CITATION ON PETITION FOR FORMAL ADJUDICATION

 Docket No.
BE13P0430EA

Berkshire Probate and
Family Court

44 Bank Row

Pittsfield,
MA 01201

(413)442-6941

Estate of: Frances Levenson

Also known as: Frances T Levenson, Frances Gloria Levenson

Date of Death: 01/06/2012

To all interested persons:

            A petition
for S/A​—​Formal Adjudication of Intestacy and Appointment of Personal
Representative has been filed by Miyan Levenson of Bronx, NY requesting that
the Court enter a formal Decree and Order and for such other relief as
requested in the Petition.

            The
Petitioner requests that: Miyan Levenson of Bronx, NY 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 07/05/2019.

            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 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 the distribution of assets and
expenses of administration.

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

Date: June 06, 2019

Francis B Marinaro, Register of Probate

6.14

#4667

Commonwealth
of Massachusetts

The Trial Court

Probate and Family Court

Berkshire Probate and
Family Court

 44 Bank Row

Pittsfield,
MA 01201

(413)442-6941

Docket No.: BE19P0380EA

CITATION ON PETITION FOR FORMAL ADJUDICATION

Estate of: Samya Rose Stumo

Also known as: Samya Stumo

Date of Death: 03/10/2019

To all interested persons:

            A Petition
for Formal Adjudication of Intestacy and Appointment of Personal Representative
has been filed by Michael C Stumo of Sheffield MA and Nadia Milleron of
Sheffield 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: Michael C Stumo of Sheffield MA and Nadia Milleron of
Sheffield 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 06/28/2019.

            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 the distribution of assets and
expenses of administration.

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

Date: June 05, 2019

Francis B Marinaro, Register of Probate.

6.14

#4668

Commonwealth
of Massachusetts

The Trial Court

Probate and Family Court

Berkshire Probate and
Family Court

 44 Bank Row

Pittsfield,
MA 01201

(413) 442-6941

TRUST CITATION

Docket No. BE99P0381

In the matter of: Trust under the Will of Giovanina C.
Magadini

To all interested persons:

            A Petition
has been filed by: Jedd L. Hall, Esq. of Lenoxdale MA and John R. Gobel, Esq.
of Pittsfield MA requesting Resignation of Jedd L. Hall,
Esq. as Trustee and Appointment of John R. Gobel, Esq. as Successor Trustee and
any other relief as requested in the petition.

            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
6/26/2019.

            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 date, action may be taken without further notice
to you.

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

Date: May 29, 2019

Francis B. Marinaro, Register of Probate

6.14

#4669

MORTGAGEE’S NOTICE OF SALE
OF REAL ESTATE

169 Ashley
Falls Road, Village
of Ashley Falls, Sheffield, MA 01257

By virtue and in execution of the Power of Sale contained in
a certain mortgage (the “Mortgage”) given by MARGARET C. FITCH to BERKSHIRE
BANK, a Massachusetts banking corporation dated January 18, 2002 and recorded
with the Berkshire County (Southern District) Registry of Deeds in Book 1292,
Page 242, of which the undersigned is the present holder by virtue of that
certain Assignment of Mortgage from BERKSHIRE BANK to James J. Mercer, Trustee
of BART NOMINEE REALTY TRUST under Declaration of Trust dated February 28, 2019
and recorded with said Deeds in Book 2521, Page 150 (the “Mortgagee”) which
assignment is dated February 28, 2019 and recorded with said Deeds in Book 2521,
Page 159, for breach of the conditions of the Mortgage and for the purpose of
foreclosing the same, there will be sold at Public Auction at 9:00AM on the 5th
day of July, 2019 at the mortgaged premises known as 169 Ashley Falls Road,
Village of Ashley Falls, Sheffield, Massachusetts 01257, all and singular, the
premises described in the Mortgage (the“Mortgaged Premises”), to wit:

            The
following described property located in the County
of BERKSHIRE, State of Massachusetts:

            SEE EXHIBIT
A ATTACHED HERETO AND MADE A PART HEREOF, which currently has the address of
169 ASHLEY FALL ROAD, VILLAGE OF ASHLEY FALLS, SHEFFIELD, Massachusetts 01257:

            TOGETHER
with all the improvements now or hereafter erected on the property, and all
easements, rights, appurtenances and rents, all of which shall be deemed to be
and remain a part of the property covered by this Mortgage: and all of the
foregoing, together with said property (or the leasehold estate if this
Mortgage is on a leasehold) are hereinafter referred to as the “Property.”

            Exhibit A
to the Mortgage reads as follows:

            “EXHIBIT A:
The land located in the Village of Ashley Falls, Town of Sheffield, County of
Berkshire and Commonwealth of Massachusetts, bounded and described as follows:

            A certain
parcel of land with all of the buildings thereon standing and all the
appurtenances thereto belonging, situated upon the easterly side of the highway
leading from Ashley Falls to Sheffield, known as U. S. Route 7, about two miles
southerly of the village of Sheffield, commonly known as the “Munn Property”,
bounded and described as follows:

            Northerly
and easterly by land formerly of Hugh E. Eastburn, now belonging to Elizabeth
A. Witherel; Southerly by land formerly of Fred Barnum, now belonging to one
Wanger; Westerly by the aforesaid highway known as U. S. Route 7; Containing
one acre of land, more or less.

            Being the
same premises conveyed to the mortgagor and Richard H. Fitch by deed of George
L. Fitch and Ruth A. Fitch dated May 28, 1976 and recorded in the Berkshire
Southern District Registry of Deeds in Book 4l3, Page 99. The said Richard H.
Fitch died on April 24, 1993. See Certificate Releasing Massachusetts Estate
Tax Lien recorded in Book 890, Page 337 and Death Certificate recorded in Book
1023, Page 59.”

            In the
event of any typographical error set forth herein in the legal description of
the Mortgaged Premises, the description as set forth and contained in the
Mortgage shall control by reference.        

            The
Mortgaged Premises will be sold subject to and, with the benefit of, all
restrictions, easements, improvements, leaseholds, tenancies, occupants, outstanding
tax titles, municipal or other public taxes, liens, or other claims in the
nature of liens, and existing encumbrances of record having priority over the
Mortgage. The Mortgagee makes no representations concerning the condition of
the Mortgaged Premises or its compliance with applicable zoning, building,
sanitary or other state and​/​or municipal regulations.         

            TERMS OF
SALE: TEN THOUSAND DOLLARS ($10,000.00) will be required to be paid in cash,
certified or bank check with no intervening endorsements at the time and place
of sale. In the event that the successful bidder at the foreclosure sale shall
default in purchasing the Mortgaged Premises 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, MARTIN &
OLIVEIRA, LLP, The Clocktower, 75 South Church Street; Suite 550, Pittsfield,
Massachusetts 01201, the amount of the required deposit as set forth herein
within three (3) business days after written notice of the default of the
previous highest bidder and title shall be conveyed to the said second highest
bidder within twenty (20) days of said written notice.

            If the
second highest bidder declines to purchase the Mortgaged Premises, the
Mortgagee reserves the right to purchase the within described property at the
amount bid by the second highest bidder.

            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.

            The Foreclosure Deed of the Mortgage
Premises shall be delivered, and the balance of the purchase price paid within
twenty (20) days of the Public Auction. The successful bidder will be required
to execute a Memorandum of Foreclosure Sale containing the above terms at the
time and place of sale.

            Other
terms, if any, to be announced at the time and place of sale.

Present holder of said mortgage:

BART NOMINEE

 REALTY TRUST

By: James J. Mercer, Trustee

Attorney for the Mortgagee:   William
E. Martin       MARTIN & OLIVEIRA,LLP

THE CLOCKTOWER

75 South Church
Street; Suite
550

Pittsfield,
Massachusetts 01201-6145

(413) 443-6455

6.14,6.21,6.28

#4656

NOTIFICATION OF AQUATIC TREATMENT

Please be advised that on June 18, 2019 SōLitude Lake Management,
of Shrewsbury, Mass.,
will be conducting an aquatic plant management program at Prospect
Lake, Egremont, Mass.

            The use of
the lake’s water will be restricted as follows:

            •Swimming,
boating and fishing: until June 19, 2019

            •Livestock
watering: restricted for 1 day or until June 20, 2019

            •Direct
drinking: restricted for 3 days or until June 22, 2019

            •Irrigation
: restricted for 5 days or until June 24, 2019

            If you need
additional information, please feel free to contact SōLitude Lake Management at
(508) 865-1000.

6.7, 6.​14

#4653

THE COMMONWEALTH
OF MASSACHUSETTS

MASSACHUSETTS
DEPARTMENT OF TRANSPORTATION ​​ HIGHWAY DIVISION

NOTICE OF A PUBLIC HEARING

Project File No. 608642

A Design Public Hearing will be held by MassDOT to discuss
the project that proposes to rehabilitate three bridges in the Town of New
Marlborough, Mass.; Norfolk Road
over the Umpachene River, Lumbert
Cross Road over the Umpachene
River, and Canaan Southfield Road over the Umpachene River.

            The hearing
will take place at the New
Marlborough Town
Hall, 807
Mill River Southfield Road, Mill River,
MA 01244-0099,
on June 19 at 6:30 p.m.     

            The purpose
of this hearing is to provide the public with the opportunity to become fully
acquainted with the multi bridge rehabilitation project in New Marlborough. All
views and comments made at the hearing will be reviewed and considered to the
maximum extent possible.

            The
proposed project consists of the rehabilitation of three separate bridge
structures that were constructed in 1939. The roadway surface, bridge railings,
concrete deck and steel beams for each bridge will be replaced. The new
structures will consist of steel beams with composite reinforced concrete decks
as listed below:

            The 89’
long two span Norfolk Road
bridge will match the existing 26’ curb to curb roadway width and will consist
of two 11’ travel lanes with two 2’ wide shoulders. The existing abutments and
pier will be reused;

            The 32’
long single span Lumbert Cross
Road bridge will widen the existing 14’ curb to
curb width to 22’ wide and will consist of two 9’ lanes with two 2’ wide
shoulders. The existing abutments will be reused with modifications;

            The 36’
long single span Canaan Southfield
Road bridge will match the existing 26’ curb to
curb roadway width and will consist of two 9’ travel lanes with two 4’ wide
shoulders. The existing abutments will be reused.

            Each bridge
will be closed during construction and traffic will be detoured. Proposed
approach roadway work includes the construction of full depth asphalt pavement
and roadway resurfacing for approximately 100 feet at both approaches to each
bridge. There will be no sidewalks on the proposed bridges or approach roadways.

            A secure
right-of-way is necessary for this project. Acquisitions in fee and permanent
or temporary easements may be required. The Town of Marlborough is responsible for acquiring all
needed rights in private or public lands. MassDOT’s policy concerning land
acquisitions will be discussed at this hearing.

            Written
views received by MassDOT subsequent to the date of this notice and up to five
(5) days prior to the date of the hearing shall be displayed for public
inspection and copying at the time and date listed above. Plans will be on
display one-half hour before the hearing begins, with an engineer in attendance
to answer questions regarding this project. A project handout will be made
available on the MassDOT website listed below.

            Written
statements and other exhibits in place of, or in addition to, oral statements
made at the Public Hearing regarding the proposed undertaking are to be
submitted to Patricia A. Leavenworth, P.E., Chief Engineer, MassDOT, 10 Park
Plaza, Boston, Mass.,02116, Attention: Bridge Project Management Section,
Project File No. 608642. Such submissions will also be accepted at the hearing.
Mailed statements and exhibits intended for inclusion in the public hearing
transcript must be postmarked within ten (10) business days of this Public
Hearing. Project inquiries may be emailed to dot.feedback.highway@state.ma.us

            This
location is accessible to people with disabilities. MassDOT provides reasonable
accommodations and​/​or language assistance free of charge upon request
(including but not limited to interpreters in American Sign Language and
languages other than English, open or closed captioning for videos, assistive
listening devices and alternate material formats, such as audio tapes, Braille
and large print), as available.

            For accommodation
or language assistance, contact MassDOT ‘s Chief Diversity and Civil Rights
Officer by phone at 857-368-8580, fax 857-368-0602, TTD​/​TTY 857-368-0603, or
by email (MassDOT.CivilRights@dot.state.ma.us).

            Requests
should be made as soon as possible prior to the hearing, and for more difficult
to arrange services including sign-language, CART or language translation or
interpretation, requests should be made at least ten (10) business days before
the hearing.

            In case of
inclement weather, hearing cancellation announcements will be posted on the
internet at http:​/​​/​www.massdot.state.ma.us​/​Highway​/​

JONATHAN

GULLIVER

HIGHWAY

ADMINISTRATOR

PATRICIA A. LEAVENWORTH, P.E.

CHIEF ENGINEER

6.7,6.14

#4654

TOWN OF LEE,
MASSACHUSETTS

NOTICE OF A PUBLIC HEARING

The Board of Selectmen will hold a Public Hearing in the
Town Hall (former courtroom), 32
Main St., Lee, Mass.,
on Tuesday, July 2, 2019 at 7 p.m. on the application of Preston Maki,
President, Co-Founder of Rain City Farming, Owner for approval of a Special
Permit under Section 199-9.11 Marijuana Establishment-​​Cultivator from the
Town of Lee Zoning Bylaws.
The proposal is to locate a Marijuana Establishment for the cultivation and
manufacturing of cannabis. The cannabis will be sold to licensed marijuana
establishments in Massachusetts.
The property affected is located at 35-45
Limestone Road, in the Office Park Light
Industrial (OPLI) (Assessors Map 30, Lots 67F & 67G).

            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 St.,
Lee, Mass., 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.

Thomas Wickham

Chairman

6.14, 6.​21

#4666

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