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Home Classifieds Legal Notices Legal Notices: Week of 04-19-2019

Legal Notices: Week of 04-19-2019

BERKSHIRE PROBATE AND FAMILY COURT

44 BANK ROW

PITTSFIELD, MA 01201

(413) 442-6941

COMMONWEALTH OF MASSACHUSETTS

THE TRIAL COURT

PROBATE AND FAMILY COURT

DOCKET NO. BE19P0251EA

CITATION ON PETITION FOR FORMAL ADJUDICATION

Estate of: Francis J Lauria

Also known as: Francis Lauria

Date of Death: 10/17/2018

To all interested persons: A Petition for Formal Probate of Will with Appointment of Personal Representa¬tive has been filed by Francis J Lauria, II of Floral Park NY requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Peti¬tion.

The petitioner re¬quests that: Francis J Lauria, II of Floral Park NY be appointed as Personal Representa¬tive (s) of said estate to serve Without Surety on the bond in an un¬supervised administra¬tion.

IMPORTANT NOTICE

You have the right to obtain a copy of the Petition from the Peti¬tioner or at the Court. You have a right to object to this proceed¬ing. 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 04/30/2019.

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

UNSUPERVISED ADMINISTRATION UNDER THE MAS¬SACHUSETTS UNI¬FORM PROBATE CODE (MUPC)

A Personal Repre¬sentative appointed under the MUPC in an unsupervised adminis¬tration is not required to file an inventory or annual accounts with the Court. Persons interested in the estate are entitled to notice regarding the admin¬istration directly from the Personal Repre¬sentative and may petition the Court in any matter relating to the estate, including the distribution of as¬sets and expenses of administration.

WITNESS, Hon. Rich¬ard A Simons, First Justice of this Court.

Date: April 04, 2019

Francis B Matinara, Register of Probate

Ethan S. Klepetar, Esq.

Hellman Shearn & Arienti

342 Main Street

Great Barrington, MA 01230

4.19

#4544

GREAT BARRINGTON CONSERVATION COMMISSION

The Great Barrington Conservation Commis¬sion will hold a public hearing on Wednes¬day, April 24, at 6:30 p.m. at the Town Hall, located at 334 Main Street, to act on a Notice of Intent from Nancy Yahanda and Len Sitomer, prop¬erty off Knob Lane Extension in Great Barrington, Map 10 Lot 25. Proposed work includes construction of a single family resi¬dential house. This public hearing will be held in accordance with the Berkshire Scenic Mountains Act MGL c. 131 sec. 39A and the Great Barrington Sce¬nic Mountain Regula¬tions Ch. 217, Art. VII.

Jeffrey Cohen, Chair¬man.

4.19,

#4548

GREAT BARRINGTON CONSERVATION COMMISSION

The Great Barrington Conservation Commis¬sion will hold a public meeting on Wednes¬day, April 24 at 6:30 p.m. at the Town Hall, located at 334 Main Street, to act on a Request for Determi¬nation of Applicability from LSE Lepus LLC, property at 671 Stock¬bridge Road, Great Barrington, Map 35 Lot 9. Proposed work includes construction of a solar power gen¬erating facility on 7.16 Acres of the subject property. This public meeting will be held in accordance with the Berkshire Scenic Mountains Act MGL c. 131 sec. 39A and the Great Barrington Sce¬nic Mountain Regula¬tions Ch. 217, Art. VII.

Jeffrey Cohen,

Chairman

4.19

#4549

MORTGAGEE’S SALE OF REAL ESTATE

By virtue and in execu¬tion of the Power of Sale contained in a cer¬tain mortgage given by Pranav, Inc., a Massa¬chusetts Corporation to Greylock Federal Credit Union, a feder¬ally chartered credit union, said mortgage being dated March 28, 2003 and recorded with the Berkshire County (Middle District) Reg¬istry of Deeds in Book 2503, Page 277, as affected by an assign¬ment from Greylock Federal Credit Union to Origen Lee, LLC dated April 13, 2017 and recorded with the Berkshire County (Middle District) Reg¬istry of Deeds in Book 5953, Page 126, of which mortgage the undersigned is the present holder by as¬signment, for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 11 a.m. on the 14 day of May, 2019, upon the mortgaged premises located at 200 Laurel Street, Lee, Berkshire County, Massachu¬setts, all and singular being the premises described in said mort¬gage, to wit:

Beginning at a point marked by an iron pipe in the easterly side of Laurel Street, where the northerly line of land of Ransom intersects the westerly line of land hereby conveyed;

thence North 10° 10’ West along the easterly side of said Laurel Street, three hundred seventy (370) feet three (3) inches to a point marked by an iron pipe;

thence North 85° East, three hundred twenty-two (322) feet three (3) inches, more or less, to a point in the westerly line of land of the Town of Lee, marked by a stone bound;

thence South 22° East along the westerly line of said Town of Lee, three hundred seventy-eight (378) feet six (6) inches, more or less, to a point marked by an iron pipe in the north¬erly line of land of said Ransom;

thence South 83° 45’ West along the northerly line of land of said Ransom four hundred three (403) feet six (6) inches, to the place of beginning.

Also hereby convey¬ing all the right, title and interest, if any, of the grantors herein to any land that may lie between the westerly line of the premises hereby conveyed and the easterly line of said Laurel Street.

Excepting from the within described prem¬ises the easement granted to the Town of Lee for common sani¬tary sewer purposes as described in deed dated February 28, 1975 and recorded in the said Registry of Deeds in Book 958, Page 599.

Said premises are as shown on Plan entitled “Property Plan F. Dupont-Lee, Mass. Scale 1” = 30’ Mar. 1952, Louis A. Airoldi”, which Plan is recorded in the Berkshire Middle District Registry of Deeds in Book 417B, Page 106.

For title see deed recorded with the Berk¬shire County (Middle District) Registry of Deeds in Book 2503, Page 274.

Said premises are to be sold and conveyed subject to and with the benefit of all mortgag¬es, restrictions, ease¬ments, improvements, outstanding tax titles, municipal or other pub¬lic taxes, assessments, federal and state tax liens, other liens and existing encumbranc¬es of record created prior to the mortgage, if there be any, out¬standing water and / or sewer charges, to covenants, rights, res¬ervations, conditions and / or other enforce¬able encumbrances of record created prior to the mortgage, to all ten¬ancies and / or rights of parties in possession, and to rights or claims in personal property installed by tenants, former tenants, or oth¬ers now located upon the premises, and to rights or claims of oth¬ers now located upon the premises, if any of the aforesaid there be.

Said premises will also be sold subject to all laws and ordi¬nances, including but not limited to zoning, applicable Massachu¬setts or local building and / or sanitary codes, and statutory require¬ments with respect to smoke detectors, lead paint, and rent control, as the same may be applicable. No repre¬sentations express or implied, are made with respect to any matter concerning the mort¬gaged premises, which shall be sold “as is”.

Together with all easements, rights, roy¬alties, mineral, oil and gas rights, all improve¬ments, including but not limited to portable or sectional buildings, at any time placed upon said premises and all heating apparatus, fur¬naces, oil burners, fuel containers, and con¬veyers and burners, ranges, heaters, hot water heaters, pipes, plumbing and plumbing fixtures, air condition¬ers, gas and electric fix¬tures, screens, screen doors, storm dorms and windows, shades, refrigerators, refriger¬ating and ice making apparatus, mantles, awnings, elevators, alarm systems, gar¬bage incinerators, boil¬ers, sprinklers, fire alarm and extinguish¬ing equipment and sys¬tems, all motors, equip¬ment, wiring, tubing, ducts, conduit, case¬ments, and enclosures, in connection with any of the foregoing, and also all other fixtures of whatever kind and nature at present, or hereafter placed, or installed in, or on, the granted premises prior to the full payment and discharge of the Secured Indebtedness in any manner which renders such articles useable in connection therewith, insofar as the same will, or can by agreement of parties be made a part of the realty.

TERMS OF SALE:

Twenty-Five Thou¬sand and No / 100 ($25,000.00) Dollars in cash or certified or bank treasurer’s or cashier’s check at the time and place of the sale by the purchaser, 10% of the purchase price must be paid in cash, certified check, bank treasurer’s or cashier’s check within seven (7) business days after the date of sale (inclusive of the $25,000.00 de¬posit) and the balance of the purchase price must be paid in cash, certified check, bank treasurer’s or cashier’s check within thirty (30) days after the date of sale and shall be de¬posited in escrow with Jack J. Mikels, Esq., Jack Mikels and Asso¬ciates, LLP, 1 Battery¬march Park, Suite 309, Quincy, MA 02169. The deed shall be delivered within thirty (30) days of receipt of the balance of the purchase price, said receipt being the only condition of es¬crow. The successful bidder shall be required to sign a Memorandum of Sale containing the above terms at Auction Sale. In the event of a typographical error or omission contained in this publication, the description of the premises set forth and contained in said Mort¬gage shall control.

OTHER TERMS TO BE ANNOUNCED AT THE SALE.

Origen Lee, LLC,

Present holder of said mortgage

By its Attorney-In-Fact

Jack J. Mikels

Jack Mikels & Associ¬ates, LLP

1 Batterymarch Park, Suite 309

Quincy, MA 02169

(617) 472-5600

Daniel P. McLaughlin & Co.

1 New Chardon Street

Boston, MA 02671

(617) 646-1019

Auctioneer

4.12,4.19,4.26

#4534

NOTICE OF PUBLIC MEETING AND PUBLIC COMMENT PERIOD DRAFT ROUND 4 RESTORATION PLAN

The Commonwealth of Massachusetts Department of Envi¬ronmental Protection and the U.S. Fish and Wildlife Service, com¬prising the Massachu¬setts SubCouncil of the Housatonic River Natu¬ral Resource Trustees (MA SubCouncil), will hold a public meeting on May 1, 2019, at 5:30 p.m. at the Lenox Public Library (Welles Gallery), located at 18 Main Street, in Lenox, to present the Draft Round 4 Restoration Plan and Supplemental Environmental Assess¬ment (RP / SEA) for the Massachusetts Housa¬tonic River Watershed Restoration Program (Restoration Program). Round 4 of the Res¬toration Program will provide a means to dis¬burse up to $1.5 million of the approximately $7.75 million recovered from General Electric to fund compensatory restoration projects that restore, rehabili¬tate, replace, and / or acquire the equiva¬lent of injured natural resources and their services in the Massa¬chusetts watershed of the Housatonic River.

The Draft Round 4 RP / SEA presents the MA SubCouncil’s pre¬ferred compensatory restoration projects for Round 4 of the Restora¬tion Program.The Draft Round 4 RP / SEA will be subject to public comment for a 30-day period beginning on April 16, and ending at 5 p.m. on May 15, 2019. The Draft Round 4 RP / SEA is available on-line at www.ma-housatonicrestoration.org and hardcopies are available at the Lenox Library and other public libraries in the Housa¬tonic River watershed.

The MA SubCoun¬cil will receive public comments during the May 1, public meet¬ing, and written public comments on the Draft Round 4 RP / SEA will be accepted until May 15, at 5 p.m., at: Massa¬chusetts Department of Environmental Protec¬tion, Bureau of Waste Site Cleanup, One Winter Street, 6th Floor, Boston, MA 02108

Re: BWSC-NRD-2018-12

Attn: Thomas M. Potter

The Final Round 4 RP / SEA, address¬ing written comments received during the public comment period, will be developed after the close of the public comment period.

Information about the Housatonic River Watershed Restora¬tion Project in Mas¬sachusetts is available online at: www.ma-housatonicrestoration.org. Additional informa¬tion can be obtained by contacting Thomas M. Potter, MassDEP, State Trustee Repre¬sentative and Lead Administrative Trustee, at 617-292-5628 or thomas.potter@state.ma.us.

4.19

#4545

TOWN OF GREAT BARRINGTON NOTICE OF PUBLIC HEARING

The Selectboard will hold a public hearing on Monday, April 29, 2019 at 7 p.m. at the Town Hall, 334 Main Street, Great Barrington, MA 01230 to act on the application of Three Yanks and a Limey LLC d/b/a Miller’s Pub, Christopher Brooks, Manager for a new Common Victualler Restaurant All Alco¬holic Liquor License at 280 Main Street, Great Barrington, MA 01230.

Stephen Bannon

Chair

4.19, 4. 26

#4546

TOWN OF LEE, MASSACHUSETTS NOTICE OF A PUBLIC HEARING

The Board of Select¬men will hold a Public Hearing on Tuesday, May 7 at 7 p.m. on the application of Franz Chan, Zipbox, Inc., Owner for approval of a Special Permit un¬der Section 199-9.11 Marijuana Establish¬ment, 199-5 Intensity Regulations; 199-8 Off Street Parking; 199-12 Environmental Perfor¬mance Standards from the Town of Lee Zoning Bylaws. The proposal is to locate a Marijuana Establishment for the cultivation and manu¬facturing of cannabis. The cannabis will be sold to licensed mari¬juana establishments in Massachusetts. The property affected is lo¬cated at 715 Columbia Street, in the Industrial Zoning District (Asses¬sors Map 8, Lot 55).

Any person inter¬ested 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. Failure to make recommenda¬tions on the matter for review shall be deemed lack of oppo¬sition thereto. A copy of the application is available for review in the Town Clerk’s Office.

Patricia Carlino

Chairman

4.11, 4. 18

#4532

4.19

Town of Egremont

Special Town Meeting

To be held at Thomas A. Consolati Performing Arts Center at Mount Everett Regional High School, in Sheffield Mass., on Tuesday, May 7, 2019 at 6:30 PM, to act on the following articles: 

ARTICLE 1: Transfer $7,500.00 to the Water Department wages account

ARTICLE 2: End negotiations with Charter/Spectrum for a Town Cable Franchise Agreement and to withdraw from granting Charter/Spectrum a Cable Franchise. 

ARTICLE 3: Reformat the Egremont General Bylaws without changing the text of any of the bylaws, the text of the reformatted bylaws can be viewed at the Clerk’s office at Town Hall.

Board of Selectmen

Bruce C. Turner, Chairman

George McGurn, Vice-Chairman

Mary Brazie

4.19

LEGAL NOTICES ARE DUE BY TUESDAY 2 P.M.

legals@berkshirerecord.net

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