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Home Classifieds Legal notices: Week of 06-27-2019

Legal notices: Week of 06-27-2019

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. BE19C0070CA

CITATION ON PETITION TO CHANGE NAME

In the matter of: Lauren Sue Abady

     A Petition to Change Name of Adult has been filed by Lauren Sue Abady of Great Barrington MA requesting that the court enter a Decree changing their name to: Lola Rocknrolla

 IMPORTANT NOTICE

     Any person may appear for purposes of objecting to the petition by filing an appearance at: Berkshire Probate and Family Court before 10:00 a.m. on the return day of 07/15/2019.

     This is NOT a hearing date, but a deadline by which you must file a written appearance if you object to this proceeding.

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

Date: June 17, 2019

Francis B Marinaro, Register of Probate

6.28

#4705

Commonwealth of Massachusetts

The Trial Court

Probate and Family Court

Berkshire Probate and Family Court

 44 Bank Row

Pittsfield, MA 01201

Docket No. BE19P0383GD

CITATION GIVING NOTICE OF PETITION TO EXPAND THE POWERS OF A GUARDIAN

In the matter of Lance E. Falzone

Of: Great Barrington, MA

RESPONDENT Alleged Incapacitated Person

     To the named Respondent and all other interested persons, a petition has been filed by Timberlyn Heights Nursing and Rehabilitation Center in the above captioned, matter requesting that the court: Expand the powers of a Guardian of the Respondent

     The petition asks the court to make a determination that the powers of the Guardian and​/​or Conservator should be expanded, modified, or limited since the time of the appointment. The original petition is on file with the court.

     You have the right to object to this proceeding. If you wish to do so, you or your attorney must file the written appearance at this court on or before 10:00 A.M. on the return date of 07/15/19. This day is not a hearing date, but a deadline date by which you have to file the written appearance if you object to the petition. If you fail to file the written appearance by the return date, action may be taken in this matter without further notice to you. In addition to filing the written appearance, you or your attorney must file a written affidavit stating the specific facts and grounds of your objection within 30 days after the return date.

FURTHER NOTICE ON HEARING

     A status conference has been scheduled for July 17, 2019 at 2:00 p.m. and trial has been scheduled for August 14, 2019 at 2:00 p.m. at 44 Bank Row, Pittsfield, MA 01201, to be attended by the respondent, her counsel, the petitioners and other interested persons who file appearances heerin.

IMPORTANT NOTICE

     The outcome of this proceeding may limit or completely take away the above-named person’s right to make decisions about personal affairs or financial affairs or both. The above-named person has the right to ask for a lawyer. Anyone may make this request on behalf of the above-named person. If the above-named person cannot afford a lawyer, one may be appointed at State expense.

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

Date: June 14, 2019

Francis B. Marinaro, Register of Probate

6.28

#4708

GREAT BARRINGTON CONSERVATION COMMISSION

The Great Barrington Conservation Commission will hold a public hearing on Wednesday, July 3, 2019 at 5 p.m. at the Great Barrington Town Hall, 334 Main Street, to act on a Notice of Intent under the Scenic Mountains Act from Margaret Brownell, property at 21 knob Hill Extension, Map 10 Lot 32. The proposed work includes rebuilding an existing garage; constructing a new 650 sq. ft. Accessory Dwelling Unit in the rear yard; enlarging the existing main house footprint by 660 sq. ft. and adding a second floor bedroom above. This public hearing will be held in accordance with the Berkshire Scenic Mountains Act, (M.G.L. Ch. 131, Sec. 39a)

Jeffrey Cohen,
Chairman.

6.28

#4700

GREAT BARRINGTON CONSERVATION COMMISSION

The Great Barrington Conservation Commission will hold a public meeting on Wednesday,July 3, 2019 at 5 p.m. at the Great Barrington Town Hall, 334 Main Street, to act on a Request for Determination of Applicability from the Mass Department of Transportation, property is approximately 1.03 miles of the State owned roadway loop beginning at the intersection of routes 7 & 183 and ending at the intersection of Old Stockbridge Road and Route 7. The proposed work includes micro milling, paving, installing new hook lock frames, grates and covers as required, repair of defective drainage structures and other related work. 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.

Jeffrey Cohen,
Chairman

6.28

#4701

GREAT BARRINGTON CONSERVATION COMMISSION

The Great Barrington Conservation Commission will hold a public hearing on Wednesday,July 3, 2019 at 5 p.m. at the Great Barrington Town Hall, 334 Main Street, to act on a Notice of Intent under the Scenic Mountains Act from Berkshire Engineering on behalf of Monument Valley LLC, property at 235 Monument Valley Road, Map 35 Lot 34.2. The proposed work consists of construction of a new single family residence, septic system, well and utility services. This public hearing will be held in accordance with the Berkshire Scenic Mountains Act, (M.G.L. Ch. 131, Sec. 39a)

Jeffrey Cohen,
Chairman.

6.28

#4702

GREAT BARRINGTON CONSERVATION COMMISSION

The Great Barrington Conservation Commission will hold a public hearing on Wednesday, July 3, 2019 at 5 p.m. at the Great Barrington Town Hall, 334 Main Street, to act on a Notice of Intent submitted by Jeffrey Collingwood of Civil Arc-Design on behalf Stephan Valter of Monumental LLC, property at 2 Whitmore Way, Housatonic, Map 2 Lot 22A. The proposed work will include: removal of deteriorated roofing and replacing with new roofing material on the remaining south roofs of an existing mill building immediately adjacent to the Housatonic River; removal of woody material between the east concrete training wall and the east wall of the mill building; and performing brick and facade repairs from a mobile staging system mounted to the existing mill building. This public hearing 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.

Jeffrey Cohen,
Chairman

6.28
#4703

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

Public Pole Hearing

In accordance with the provisions of Section 22, Chapter 166, of the Massachusetts General Laws, you are hereby notified that a public hearing will be held at the Otis Town Hall, 1 North Main Road, Otis, Mass., on July 9 2019 at 7 p.m.

This will be regarding petition #1A3L4VX of Verizon New England to erect a line of poles with cables, wires and fixtures including necessary anchors, guys, and other sustaining and protecting fixtures on Reservoir Road.

Nancy Crandall

Selectmen’s
Secretary

Town of Otis

 6.21, 6.​28

#4684

TOWN OF GREAT BARRINGTON

NOTICE OF PUBLIC HEARING

The Great Barrington Zoning Board of Appeals will hold a public hearing on Tuesday, July 23, 2019 at 7:30 p.m. at Town Hall, 334 Main Street, Great Barrington, Mass., to act on the special permit application from A&A Memorials, Inc., 57 Van Deusenville Road, to expand a pre-existing nonconforming use at the property from a welding shop and construction company in order to add services related to the construction, storage and sales of stone including cemetery monuments. The application is sought per Sections 5.2 and 10.4 of the Zoning Bylaw, and a copy of the application is on file with the Town Clerk.

Steve Bannon

Selectboard Chair

6.21,6.28

#4685

TOWN OF GREAT BARRINGTON

NOTICE OF PUBLIC HEARING

The Great Barrington Selectboard will hold a public hearing on Monday, July 22, 2019 at 7 p.m. at Town Hall, 334 Main Street, Great Barrington, Mass., 01230 to act on the special permit application from the Community Development Corporation of South Berkshire for a Water Quality Protection Overlay District Special Permit, and a Floodplain Special Permit, in accordance with Sections 9.1, 9.2 and 10.4 of the Great Barrington Zoning Bylaw. The permits are requested in connection with the planned redevelopment of the entire 100 Bridge Street site, including a residential facility on the north end of the site and the already permitted affordable housing on the south end of the site. A copy of the application is on file with the Town Clerk.

Steve Bannon

Selectboard Chair

 6.​21,​6.​28

#4686

TOWN OF GREAT BARRINGTON

NOTICE OF PUBLIC HEARING

The Selectboard will hold a public hearing on Monday, July 8, 2019 at 7 p.m. at the Town Hall, 334 Main Street, Great Barrington, MA 01230 to act on the application of Berkshire Pleasure Hospitality, LLC d/b/a The Barrington, Carrie Chen, Manager for a new Innholder’s Hotel All Alcoholic Liquor License at 281 Main Street, Level 3, Great Barrington, MA 01230.

Stephen Bannon

Chair

6.28, 7.5

#4704

TOWN OF GREAT BARRINGTON

NOTICE OF PUBLIC HEARING

The Great Barrington Zoning Board of Appeals will hold a public hearing on Tuesday, July 23, 2019 at 7:45 p.m. at Town Hall, 334 Main Street, Great Barrington, MA, to act on the Special Permit Application from Zachary Culbreth, 170 Taconic Avenue, Great Barrington, MA to alter a nonconforming single family home at 170 Taconic Avenue. The application is sought per Sections 5.3 and 10.4 of the Zoning Bylaw, and a copy of the application is on file with the Town Clerk.

Ron Majdalany, Chair

6.28,7.5

#4707

Town of Sandisfield

Board of Selectmen

Notice of a Public Hearing

In accordance with the requirements of Massachusetts General Law Chapter 40A and the Sandisfield Zoning Bylaws, the Sandisfield Board of Selectmen will hold a public hearing on Monday, July 15, 2019 at 7:30 p.m. at the Old Town Hall, 3 Silverbrook Road, Sandisfield, Mass., on the application of The Sandisfield Arts Center for zoning relief in the form of a special permit in accordance with Section 7 of the Sandisfield Zoning Bylaws, codified as Chapter IX of the Sandisfield Bylaws, as follows:

A special permit under Section 7 to allow the erection of a sign measuring 6 feet wide by 11 feet high including the frame, to be located 33 feet from Hammertown Road and 6 feet from Sandisfield Road. The sign would be mounted to the guard rail map and lot 202- 11.

     The special permit application including plans is on file in the office of the Board of Selectmen and may be inspected by the public during normal business hours, Monday through Thursday from 9:00 a.m. to 2:00 p.m.

     Any person interested or wishing to be heard should appear at the time and place of the public hearing.

Board of Selectmen

Mark Newman

Brian O’Rourke

 George Riley

6.21,6.28

#4688

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