Legal Notices: Week of 9-16-2019

TOWN OF GREAT BARRINGTON
NOTICE OF PUBLIC HEARING
The Great Barrington Selectboard will hold a public hearing on Monday, October 7, 2019 at 7:00 pm at Town Hall, 334 Main Street, Great Barrington, MA, to act on the Special Permit application from Green Houses Partners, LLC, 70 Rowe Road, Great Barrington, to install an in-ground swimming pool at 27 Humphrey Street, Great Barrington, in accordance with Sections 3.1.4 G(12) and 10.4 of the Great Barrington Zoning Bylaw. A copy of the application is on file with the Town Clerk.
Stephen Bannon, Chair
9.6, 9. 13

4820

TOWN OF LEE, MASSACHUSETTS
NOTICE OF A PUBLIC HEARING
The Board of Selectmen will hold a Public Hearing on Tuesday, October 1, 2019 at 7:00 P.M. on the application of Columbia Growth, Inc., for approval of a Special Permit for establishment and operation of a Marijuana Cultivation Facility under (9.11 [B] [6] and a Marijuana Product Manufacturer (9.11 [B] [7] 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 157 Columbia Street, in the Industrial Zoning District (Assessor’s Map 13, Lot 1).
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.
Thomas Wickham,
Chairman
9.13, 9.20

TOWN OF MOUNT WASHINGTON
NOTICE OF PUBLIC HEARING
A public hearing will be held at the Mount Washington Town Hall on September 23, 2019
regarding the adoption of a residential factor. Taxpayers are entitled to give comments at
this meeting.
Brian Tobin
James Lovejoy
Gail Garrett
Selectmen
9.13, 9.20

ATTORNEY GENERAL’S NOTICE
PURSUANT TO G.L. C. 40, § 32, AS AMENDED BY
CHAPTER 299 OF THE ACTS OF 2000
TOWN OF GREAT BARRINGTON — CASE NO. 9361
ANNUAL TOWN MEETING OF MAY 6, 2019
ARTICLE # 21
Attorney General’s Limited Authority to Waive Procedural Defects in the Notice of the Planning Board Hearing
Pursuant to the provisions of G.L. c. 40, § 32, as amended by Chapter 299 of the Acts of 2000, if the Attorney General finds there to be any defect in the procedure of adoption or amendment of any zoning by-law relating to the form or content of the notice of the Planning Board hearing prescribed by G.L. c. 40A, § 5, or to the manner or dates on which said notice is mailed, posted or published as required by that section, then instead of disapproving the by-law or amendment by reason of any such defect, the Attorney General may elect to proceed under the defect waiver provisions of G.L. c. 40, § 32. Under those provisions, the Attorney General is conditionally authorized to waive any such defect.
Defect Determined in Notice of Planning Board Hearing
The Attorney General has determined that one or more of the notice requirements for the planning board hearing relating to Article 21 failed to comply with the notice requirements for such hearing required by G.L. c. 40A, § 5. Section 5 provides in part (with emphasis added):
No zoning…by-law or amendment thereto shall be adopted until after the planning board in a…town has…held a public hearing thereon…at which interested persons shall be given an opportunity to be heard….Notice of the time and place of such hearing, of the subject matter sufficient for identification, and of the place where texts and maps thereof may be inspected shall be published in a newspaper of general circulation in the…town once in each of two successive weeks, the first publication to be not less than fourteen days before the day of said hearing, and by posting such notice in a conspicuous place in the…town hall for a period of not less than fourteen days before the day of said hearing. Notice of said hearing shall also be sent by mail, postage prepaid to the department of housing and community development, the regional planning agency, if any, and to the planning board of each abutting city and town….
Based on the materials submitted to this Office, we have identified the following defect: the planning board hearing notice that was posted and published did not sufficiently identify the subject matter sufficient for identification of all amendments proposed under Article 21, as required by G.L. c. 40A, § 5. Apart from this defect, the Town appears to have complied with the requirements of the statute.
Attorney General’s Election to Proceed Under the Waiver Provisions of G.L. c. 40, § 32
The Attorney General has elected to proceed under the limited defect waiver authority conferred by G.L. c. 40, § 32, as amended by Chapter 299 of the Acts of 2000.
Suspension of Review of Zoning By-Law Amendments
The 90-day period prescribed by law for the Attorney General’s review of local by-laws is therefore suspended in accordance with the provisions of G.L. c. 40, § 32, as amended by Chapter 299 of the Acts of 2000.
Posting and Publication of This Notice
The Town Clerk shall post a true copy of this Notice in a conspicuous place in the Great Barrington Town Hall for a period of not less than 14 days and shall publish a copy once in a newspaper of general circulation in the Town of Great Barrington.
Filing of Claim That Defect in Notice Was Misleading or Otherwise Prejudicial
Within 21 days of the date on which this Notice is published in a newspaper of general circulation in the Town of Great Barrington, any resident of the Town of Great Barrington, or the owner of any real property in the Town of Great Barrington, or any other party entitled to notice of the planning board hearing may file with the Town Clerk a written statement that the notice defect was misleading or otherwise prejudicial. The statement must include the reasons supporting the claim that the defect in the Planning Board Notice was misleading or otherwise prejudicial. This statement must be actually on file with the Town Clerk not later than 21 days from the date on which this Notice is published in the newspaper.
Town Clerk’s Certification of Compliance with This Notice
After the expiration of the 21-day period, the Town Clerk shall submit to the Attorney General a true copy of this Notice with a certification of compliance with the publishing and posting requirements of the preceding paragraph, and a certification that either (a) no claim was filed within the 21 day period, or (b) one or more claims were filed within the 21-day period. The Town Clerk shall submit to the Attorney General true copies of any such claim(s).
Resumption of Attorney General’s Review
Upon receipt of one original copy of this Notice with the Clerk’s certification, the 90 day period provided for the Attorney General’s review under G.L. c. 40, § 32, shall resume. If no claim is made, the Attorney General has the discretion to waive any such defect; if any claim is made, however, the Attorney General may not waive any such defect.
Note: By not filing a claim under this provision, a person shall not be deprived of the right to assert a claim of invalidity arising out of any possible defect in the procedure of adoption or amendment, as provided in G.L. c. 40, § 32, and in G.L. c. 40A, § 5.
Date: September 5, 2019
09.13

TOWN OF ALFORD
NOTICE OF PUBLIC HEARING
BOARD OF SELECTMEN
On Monday, September 23, 2019 there will be a public hearing at 12 Noon at the Selectmen’s office at 5 Alford Center Road. To act on a notice filed by Liliana Bachrach, at 22 Old Village Road. The application is for 2 (two) 1000 gallon containers to store propane for use for the house and swimming pool. The public hearing will be held in accordance with the provisions of MGL Chapter 148.
Charles F. Ketchen
Chair, BOS
09.13

COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
PROBATE AND FAMILY COURT
BERKSHIRE PROBATE AND FAMILY COURT
44 BANK ROW
PITTSFIELD, MA 01201
(413) 442-6941
CITATION ON PETITION FOR
ALLOWANCE OF ACCOUNT
DOCKET NO. BE69915
In the matter of:
EDWARD RUSSELL BOURNE
To all interested persons: A Petition has been filed by: JP Morgan Chase Bank, N.A., Successor to Chase Manhattan Bank, of Rochester, New York, requesting allowance of the 40th Account of the Edward Russell Bourne Trust Under Will – Article 6th account(s) as 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 10/7/2019.
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: September 9, 2019
Francis B. Marinaro, Register of Probate
09.13

COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
PROBATE AND FAMILY COURT
BERKSHIRE PROBATE AND FAMILY COURT
44 BANK ROW
PITTSFIELD, MA 01201
(413) 442-6941
CITATION ON PETITION FOR
ALLOWANCE OF ACCOUNT
DOCKET NO. BE69915
In the matter of:
EDWARD RUSSELL BOURNE
To all interested persons: A Petition has been filed by: JP Morgan Chase Bank, NA, Successor to Chase Manhattan Bank, of Rochester, New York, requesting allowance of the 40th Account of the Edward Russell Bourne Trust Under Will – Article 7th account(s) as 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 10/7/2019.
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:September 9, 2019
Francis B. Marinaro, Register of Probate
09.13

COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
PROBATE AND FAMILY COURT DEPARTMENT
BERKSHIRE DIVISION
DOCKET NO. BE19P0591EA
In the Estate of Harriet Kelsey Fulton
Also known as: Harriet Fulton, Harriet K Fulton, Holly Kelsey Fulton
Date of Death: 06/23/2019
CITATION ON PETITION FOR FORMAL ADJUDICATION
To all persons interested in the above captioned estate, a petition has been filed by Kenneth M. Shearn of Stockbridge 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 Kenneth M. Shearn of Stockbridge MA be appointed as Personal Representative of said estate to serve Without Surety on the bond in an unsupervised administration.
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, AT 44 BANK ROW, PITTSFIELD, MA. 01201, before: 10:00 a.m. on 09/19/2019.
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.
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 at PITTSFIELD this day, August 20, 2019.
Francis B. Marinaro
Register of Probate
Bill Hellman, Shearn & Arienti
09.13

TOWN OF GREAT BARRINGTON
FY2020
TAX CLASSIFICATION HEARING
Notice is hereby given that the Great Barrington Selectboard and the Great Barrington Fire District Prudential Committee will hold a joint Tax Classification Hearing to determine their respective FY 2020 property tax rates. The hearing will be held Monday, September 16, 2019, at 6:00 p.m. in the Selectboard Meeting Room at Town Hall, 334 Main Street, Great Barrington. The hearing will be followed by a vote of the Selectboard and the Prudential Committee.
Stephen Bannon, Chair, Selectboard
Walter F. Atwood, III, Chair, Prudential Committee
09.13

TOWN OF NEW MARLBOROUGH
CONSERVATION COMMISSION
PUBLIC HEARING
The Conservation Commission of the Town of New Marlborough will hold a public hearing on September 21, 2019 at 9:30 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 Request for Determination of Applicability:
Lake Buel Association
PO Box 236
Mill River, MA 01244
For the property located at:
0 Hartsville Mill River Rd
New Marlborough, MA 01230
Removal of debris from outlet of Lake Buel.
Freddy Friedman, Chair
Conservation Commission
09.13

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