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Classifieds
October 23rd, 2017
STATE OF VERMONT VERMONT SUPERIOR COURT BENNINGTON UNIT CIVIL DIVISION DOCKET NO: 47-2-16 BNCV CITIMORTGAGE, INC. v. KENESSA J. WHITE, JEFFREY J. WHITE AND DISCOVER BANK OCCUPANTS OF: 66 NORTH BRANCH STREET, BENNINGTON, VT MORTGAGEE'S NOTICE OF FORECLOSURE SALE OF REAL PROPERTY UNDER 12 V.S.A. sec 4952 et seq. In accordance with the Amended Judgment Order and Decree of Foreclosure entered September 12, 2017, in the above captioned action brought to foreclose that certain mortgage given by Kenessa J. White and Jeffrey J. White to Mortgage Electronic Registration Systems Inc., as nominee for CitiMortgage, Inc., dated December 15, 2005 and recorded in Book 428 Page 142 of the land records of the Town of Bennington, of which mortgage the Plaintiff is the present holder, by virtue of an Assignment of Mortgage from Mortgage Electronic Registration Systems Inc., as nominee for CitiMortgage, Inc. to CitiMortgage, Inc. dated July 1, 2014 and recorded in Book 501 Page 77 of the land records of the Town of Bennington for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be will be sold at Public Auction at 66 North Branch Street, Bennington, Vermont on November 7, 2017 at 12:00 PM all and singular the premises described in said mortgage, To wit: THE FOLLOWING DESCRIBED REAL PROPERTY SITUATE IN THE CITY OF BENNINGTON, COUNTY OF BENNINGTON, AND STATE OF VERMONT, TO WIT: BEING ALL AND THE SAME LANDS AND PREMISES AS WERE CONVEYED TO JOSEPH F. MAYER AND ZINA B. MAYER, BY WARRANTY DEED OF LELAND E, WATTERS, WIDOWER, SAID DEED DATED SEPTEMBER 11, 1995 AND RECORDED SEPTEMBER 15, 1995 IN BOOK 0-321 AT PAGE 124 OF THE BENNINGTON, VERMONT LAND RECORDS AND BEING THEREIN DESCRIBED AS FOLLOWS: BEING ALL AND THE SAME LANDS AND PREMISES WHICH WERE CONVEYED TO LELAND E. WATTERS AND JONA M. WATTERS (NOW DECEASED), BY WARRANTY DEED OF GORDON H. LYONS AND PATRICIA D. LYONS, DATED SEPTEMBER 4, 1985, RECORDED SEPTEMBER 4, 1985 AT BOOK 0 253, PAGE 142 OF THE BENNINGTON LAND RECORDS, AND WHICH WERE THEREIN DESCRIBED AS FOLLOWS: "BEGINNING AT A POINT IN THE WESTERLY LINE OF NORTH BRANCH STREET EXTENSION, SO-CALLED, SAID POINT THE SOUTHEAST(S1C NORTHEAST) CORNER OF LANDS OF RICHARD AND JENNIFER JONES: THENCE RUNNING SOUTHWESTERLY ALONG THE WESTERLY LINE OF NORTH BRANCH STREET EXT, S 44 41" W 50 FEET AND S 55 17' W 51.2 FEET TO AN IRON PIPE AT THE NORTHEAST CORNER OF LANDS OF ALICE STRATTON; THENCE RUNNING N 42 41' W ALONG THE NORTH LINE OF LANDS OF SAID STRATTON 97.2 FEET TO AN IRON PIPE; THENCE RUNNING SOUTHWESTERLY ALONG THE WESTERLY LINE OF LANDS OF SAID STRATTON ABOUT 66 FEET TO THE NORTHERLY BANK OF THE ROARING BRANCH RIVER; THENCE RUNNING NORTHWESTERLY ALONG THE NORTHERLY BANK OF THE ROARING BRANCH RIVER ABOUT 210 FEET TO AN EASTERLY LINE OF LANDS OF THE BENNINGTON COUNTY INDUSTRIAL CORPORATION; THENCE RUNNING N 32 14' E ALONG THE EAST LINE OF LANDS OF THE BENNINGTON COUNTY INDUSTRIAL CORPORATION ABOUT 110 FEET TO AN IRON PIPE, SAID IRON PIPE BEING S 32 14' W 30.0 FEET FROM AN IRON PIPE AT THE SOUTHWEST CORNER OF LANDS OF THE SAID JONES, SAID LATTER PIPE ALSO BEING A CORNER COMMON TO LANDS OF BENNINGTON COUNTY INDUSTRIAL CORPORATION AND LANDS NOW OR FORMERLY OF ONE HUTCHINSON; THENCE RUNNING S 50 25' E 345.1 FEET TO THE POINT OF BEGINNING." "THIS DESCRIPTION IS BASED ON A SURVEY BY THE OFFICE OF GERALD E. MORRISSEY, INC., BENNINGTON, VERMONT, DATED JUNE AND AUGUST, 1975." BY FEE SIMPLE DEED FROM JOSEPH F. MAYER AND ZINA B. MAYER AS SET FORTH IN DEED BOOK 360, PAGE 206 AND RECORDED ON 5/22/2000, BENNINGTON COUNTY RECORDS. THE SOURCE DEED AS STATED ABOVE IS THE LAST RECORD OF VESTING FILED FOR THIS PROPERTY. THERE HAVE BEEN NO VESTING CHANGES SINCE THE DATE OF THE ABOVE REFERENCED SOURCE. Reference is hereby made to the above instruments and to the records and references contained therein in further aid of this description. Terms of sale: Said premises will be sold and conveyed subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens and assessments, if any, which take precedence over the said mortgage above described. TEN THOUSAND ($10,000.00) Dollars of the purchase price must be paid by a certified check, bank treasurer's or cashier's check at the time and place of the sale by the purchaser. The balance of the purchase price shall be paid by a certified check, bank treasurer's or cashier's check within sixty (60) days after the date of sale. The mortgagor is entitled to redeem the premises at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale. Other terms to be announced at the sale. DATED: October 4, 2017 By: /S/Rachel K. Jones, Esq. Rachel K. Jones, Esq. Bendett and McHugh, PC 270 Farmington Ave., Ste. 151 Farmington, CT 06032 10/16/17, 10/23/17, 10/30/17
Vermont Department of Environmental Conservation Agency of Natural Resources PUBLIC NOTICE The Agency of Natural Resources (ANR) hereby provides public notice of the modification to General Permit 3-9007 for Stormwater Discharges from the Transportation Separate Storm Sewer System (TS4 General Permit). The Agency is modifying the language in Part 4.1 regarding the applicable water quality standards to be consistent with federal law, modifying the definition of "receiving water" in Part 13 to be consistent with the definition in the Vermont Water Quality Standards, modifying the definition of "feasible" in Part 13 to remove the word "economically," and deleting the definition of "infeasible" in Part 13 since it is unnecessary. The public is invited to provide written comment on the modifications to the TS4 General Permit through the close of business (4:30pm) on Wednesday, November 22, 2017. Written comments on the TS4 General Permit should be emailed to Christy Witters at christy.witters@vermont.gov or mailed to: Christy Witters DEC Stormwater Program 1 National Life Drive, Main 2 Montpelier, VT 05620-3522 A public information meeting will be held on Tuesday, November 21 from 1 to 3 pm, in the Winooski Room in the Watershed Management Division office at 1 National Life Drive in Montpelier, VT. A copy of the TS4 General Permit and related documents may be downloaded from: http://dec.vermont.gov/watershed/stormwater/transportation-general-permit Hard copies of the draft General Permit and related documents may be obtained upon request. Requests and questions should be sent to the email above or directed to 802-490-6173. 10/23/2017
Classifieds
October 21st, 2017
TOWN OF SHAFTSBURY PUBLIC HEARING Rescheduled The Development Review Board will hold a meeting, Wednesday, November 15, 2017 at 7:00 pm at the Shaftsbury Town Offices, 61 Buck Hill Rd, Shaftsbury, VT to conduct the following business: 1. Application #17-9905, North Road LLC, 639 North Road, parcel 09 20 29.3, conditional use permit for construction of 31 truck parking spaces, 14 employee parking spaces, associated lighting structures, and a stormwater practice in an I2 zone. Additional information can be obtained by contacting the Zoning Administrator, Shelly Stiles. Contact information is shown below. Participation in this proceeding is a prerequisite to the right to take any subsequent appeal. Shelly Stiles Zoning Administrator Shaftsbury Town Offices 61 Buck Hill Rd PO Box 409 Shaftsbury, VT 05262 Phone: 802-442-4038 x 105 10/21/17
Classifieds
October 20th, 2017
STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION BENNINGTON UNIT DOCKET # 207-7-17 BNCV WELLS FARGO BANK, NA Plaintiff v. MICHAEL S. THOMAS, SHELLY M. THOMAS AND TOWN OF BENNINGTON OCCUPANTS OF: 1 Jennings Drive, Bennington VT Defendants SUMMONS & ORDER FOR PUBLICATION THIS SUMMONS IS DIRECTED TO: Shelly M. Thomas 1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. A copy of the Plaintiff's Complaint against you is on file and may be obtained at the office of the clerk of this court, Bennington Unit, Civil Division, Vermont Superior Court, 207 South Street, Bennington, Vermont. Do not throw this paper away. It is an official paper that affects your rights. 2. PLAINTIFF'S CLAIM. Plaintiffs claim is a Complaint in Foreclosure which alleges that you have breached the terms of a Promissory Note and Mortgage Deed dated March 16, 2012. Plaintiff's action may effect your interest in the property described in the Land Records of the Town of Bennington at Volume 484, Page 179. The Complaint also seeks relief on the Promissory Note executed by you. A copy of the Complaint is on file and may be obtained at the Office of the Clerk of the Superior Court for the County of Bennington, State of Vermont. 3. YOU MUST REPLY WITHIN 41 DAYS TO PROTECT YOUR RIGHTS. You must give or mail the Plaintiff a written response called an Answer within 41 days after the date on which this Summons was first published, which is October 6, 2017. You must send a copy of your answer to the Plaintiff or the Plaintiff's attorney, LORAINE L. HITE, Esq. of Bendett and McHugh, PC, located at 270 Farmington Avenue, Ste. 151, Farmington, CT 06032. You must also give or mail your Answer to the Court located at 207 South Street, Bennington, Vermont. 4. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff's Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer. 5. YOU WILL LOSE YOUR CASE IF YOU DO NOT GIVE YOUR WRITTEN ANSWER TO THE COURT. If you do not Answer within 41 days after the date on which this Summons was first published and file it with the Court, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the complaint. 6. YOU MUST MAKE ANY CLAIMS AGAINST THE PLAINTIFF IN YOUR REPLY. Your Answer must state any related legal claims you have against the Plaintiff. Your claims against the Plaintiff are called Counterclaims. If you do not make your Counterclaims in writing in your answer you may not be able to bring them up at all. Even if you have insurance and the insurance company will defend you, you must still file any Counterclaims you may have. 7. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you cannot afford a lawyer, you should ask the court clerk for information about places where you can get free legal help. Even if you cannot get legal help, you must still give the court a written Answer to protect your rights or you may lose the case. ORDER The Affidavit duly filed in this action shows that service cannot be made with due diligence by any of the method provided in Rules 4(d)-(f), (k), or (1) of the Vermont Rules of Civil Procedure. Accordingly, it is ORDERED that service of the Summons set forth above shall be made upon the defendant, Shelly M. Thomas, by publication as provided in Rule s 4(d)(1) and 4 (g) of those Rules. This order shall be published once a week for 3 weeks beginning on October 06, 2017 in the Bennington Banner, a newspaper of the general circulation in Bennington County, and a copy of this summons and order as published shall be mailed to the defendant Shelly M. Thomas, at 1 Jennings Drive, Bennington, VT 05201. Dated at Bennington, Vermont this 21st day of September, 2017 James Colvin Presiding Judge Bennington Unit, Civil Division 10/06/13, 10/13/17, 10/20/17
NOTICE OF TAX SALE The resident and non-resident owners, lien holders and mortgagees of property in the Town of Sunderland, in the County of Bennington and State of Vermont, are hereby notified that the taxes assessed by such Town for the 2016-2017 tax year remains, either in whole or in part, unpaid on the following described property in such Town, to wit: It being all and the same lands and premises conveyed to Ronald T. Angus and Betty A. Angus (now deceased) by Warranty Deed of Betty A. Cohen n/k/a Betty A. Angus, dated January 29, 2014 and recorded on April 14, 2014 in Book 88 at Page 397 of the Sunderland Land Records. (Parcel #0217; E911 address: 3672 North Road.) And pursuant to 32 V.S.A. Section 5254, so much of such property will be sold at public auction at the Town of Sunderland Office, a public place located at 181 South Road in Sunderland, Vermont, on the 16th day of November, 2017, at 10:00 a.m., as shall be requisite to discharge such taxes with costs, unless previously paid. Dated at Sunderland, Vermont this 16th day of October, 2017. KATHLEEN MORSE, Collector of Delinquent Taxes 10/20/17, 10/27/17, 11/03/17
NOTICE OF TAX SALE The resident and non-resident owners, lien holders and mortgagees of property in the Town of Sunderland, in the County of Bennington and State of Vermont, are hereby notified that the taxes assessed by such Town for the 2014-2015, 2015-2016 and 2016-2017 tax year remains, either in whole or in part, unpaid on the following described property in such Town, to wit: It being all and the same lands and premises conveyed to Fred Blackmer and Veronica Blackmer by Warranty Deed of Michael Matteson, dated April 3, 2009 and recorded on April 7, 2009 in Book 80 at Page 451 of the Sunderland Land Records, together with a 14' x 80' 1994 white Titan mobile home conveyed to Fred James Blackmer and Veronica Sue Blackmer by Vermont Mobile Home Uniform Bill of Sale of Bennington College Corporation, dated July 22, 2017 and recorded July 31, 2017 in Book 93 at Page 321 of the Sunderland Land Records (Parcel #0497; E911 address: 4155 Sunderland Hill Road). And pursuant to 32 V.S.A. Section 5254, so much of such property will be sold at public auction at the Town of Sunderland Office, a public place located at 181 South Road in Sunderland, Vermont, on the 16th day of November, 2017, at 10:00 a.m., as shall be requisite to discharge such taxes with costs, unless previously paid. Dated at Sunderland, Vermont this 16th day of October, 2017. KATHLEEN MORSE, Collector of Delinquent Taxes 10/20/17, 10/27/17, 11/03/17
NOTICE OF TAX SALE The resident and non-resident owners, lien holders and mortgagees of property in the Town of Sunderland, in the County of Bennington and State of Vermont, are hereby notified that the taxes assessed by such Town for the 2015-2016 and 2016-2017 tax year remains, either in whole or in part, unpaid on the following described property in such Town, to wit: It being all and the same lands and premises conveyed to Robert W. Hamilton (now deceased) and Tammy M. Danforth by Warranty Deed of Sheldon H. Andrews and Doris P. Andrews, dated July 11, 2008 and recorded on July 14, 2008 in Book 79 at Pages 286-284 of the Sunderland Land Records (Parcel #0397; E911 address: 180 North Road). And pursuant to 32 V.S.A. Section 5254, so much of such property will be sold at public auction at the Town of Sunderland Office, a public place located at 181 South Road in Sunderland, Vermont, on the 16th day of November, 2017, at 10:00 a.m., as shall be requisite to discharge such taxes with costs, unless previously paid. Dated at Sunderland, Vermont this 16th day of October, 2017. KATHLEEN MORSE, Collector of Delinquent Taxes 10/20/17, 10/27/17, 11/03/17
NOTICE OF TAX SALE The resident and non-resident owners, lien holders and mortgagees of property in the Town of Sunderland, in the County of Bennington and State of Vermont, are hereby notified that the taxes assessed by such Town for the 2016-2017 tax year remains, either in whole or in part, unpaid on the following described property in such Town, to wit: It being all and the same lands and premises conveyed to Joseph Clayton Hatfield, III by Confirmatory Administrator's Deed of Wendy Rizio, dated April 5, 2016 and recorded on April 11, 2016 in Book 91 at Pages 351-354 of the Sunderland Land Records (Parcel #0317; E911 address: 61 East Mountain View Trail). And pursuant to 32 V.S.A. Section 5254, so much of such property will be sold at public auction at the Town of Sunderland Office, a public place located at 181 South Road in Sunderland, Vermont, on the 16th day of November, 2017, at 10:00 a.m., as shall be requisite to discharge such taxes with costs, unless previously paid. Dated at Sunderland, Vermont this 16th day of October, 2017. KATHLEEN MORSE, Collector of Delinquent Taxes 10/20/17, 10/27/17, 11/03/17
NOTICE OF TAX SALE The resident and non-resident owners, lien holders and mortgagees of property in the Town of Sunderland, in the County of Bennington and State of Vermont, are hereby notified that the taxes assessed by such Town for the 2015-2016 and 2016-2017 tax year remains, either in whole or in part, unpaid on the following described property in such Town, to wit: It being all and the same lands and premises conveyed to Donna Livingston by Quit-Claim Deed of Ernest Livingston dated February 4, 1985 and recorded on February 8, 1985 in Book 38 at Pages 200-201 of the Sunderland Land Records. Reference is made to Corrective Quitclaim Deed of Ernest Livingston to Donna Livingston dated February 21, 1985 and recorded on March 2, 1985 in Book 38 at Page 210 of the Sunderland Land Records (Parcel #0472; E911 address: 36 Wilcox Road). And pursuant to 32 V.S.A. Section 5254, so much of such property will be sold at public auction at the Town of Sunderland Office, a public place located at 181 South Road in Sunderland, Vermont, on the 16th day of November, 2017, at 10:00 a.m., as shall be requisite to discharge such taxes with costs, unless previously paid. Dated at Sunderland, Vermont this 16th day of October, 2017. KATHLEEN MORSE, Collector of Delinquent Taxes 10/20/17, 10/27/17, 11/03/17
NOTICE OF TAX SALE The resident and non-resident owners, lien holders and mortgagees of property in the Town of Sunderland, in the County of Bennington and State of Vermont, are hereby notified that the taxes assessed by such Town for the 2014-2015, 2015-2016 and 2016-2017 tax year remains, either in whole or in part, unpaid on the following described property in such Town, to wit: It being all and the same lands and premises conveyed to Christopher L. Sweeney by Warranty Deed of Philip Morse and Bonnie Morse, dated March 14, 1994 and recorded on March 16, 1994 in Book 50 at Pages 400-402 of the Sunderland Land Records, including trailer thereon. (Parcel #0544; E911 address: 4142 Sunderland Hill Road.) And pursuant to 32 V.S.A. Section 5254, so much of such property will be sold at public auction at the Town of Sunderland Office, a public place located at 181 South Road in Sunderland, Vermont, on the 16th day of November, 2017, at 10:00 a.m., as shall be requisite to discharge such taxes with costs, unless previously paid. Dated at Sunderland, Vermont this 16th day of October, 2017. KATHLEEN MORSE, Collector of Delinquent Taxes 10/20/17, 10/27/17, 11/03/17
NOTICE OF TAX SALE The resident and non-resident owners, lien holders and mortgagees of property in the Town of Sunderland, in the County of Bennington and State of Vermont, are hereby notified that the taxes assessed by such Town for the 2014-2015, 2015-2016 and 2016-2017 tax year remains, either in whole or in part, unpaid on the following described property in such Town, to wit: It being all and the same lands and premises conveyed to Christopher L. Sweeney by virtue of the following: 1)Warranty Deed of John H. Lake to Christopher L. Sweeney, October 28, 1998 and recorded on November 7, 1998 in Book 57 at Page 8 of the Sunderland Land Records; 2)Quit-Claim Deed of John H. Lake to Christopher L. Sweeney, dated October 28, 1998 and recorded on November 7, 1998 in Book 57 at Pages 10-11 of the Sunderland Land Records; 3) Decree of Partial Distribution of the State of Vermont, District of Manchester, to Christopher Sweeney and Colleen Jamieson, dated December 8, 1988 and recorded on December 10, 1988 in Book 50 at Pages 490-491 of the Sunderland Land Records; and 4)Quitclaim Deed of Colleen Jamieson to Christopher Sweeney, dated September 7, 1988 and recorded on September 22, 1988 in Book 43 at Pages 350-352 of the Sunderland Land Records. (Parcel #0709; E911 address: 4143 Sunderland Hill Road.) And pursuant to 32 V.S.A. Section 5254, so much of such property will be sold at public auction at the Town of Sunderland Office, a public place located at 181 South Road in Sunderland, Vermont, on the 16th day of November, 2017, at 10:00 a.m., as shall be requisite to discharge such taxes with costs, unless previously paid. Dated at Sunderland, Vermont this 16th day of October, 2017. KATHLEEN MORSE, Collector of Delinquent Taxes 10/20/17, 10/27/17, 11/03/17
PUBLIC NOTICE Town of Pownal, Vermont Adoption of Pay-as-You-Throw-Ordinance The Town of Pownal, in Bennington County, Vermont, has amended the ordinance to implement variable rate pricing, also known as "pay-as-you-throw." Article I states that the purpose of the ordinance is too decrease the disposal of solid waste, increase recycling and composting and increase the diversion and reuse of materials that would otherwise be sent to landfills. Article II lists the statutory authority of the ordinance as Title 24, Chapter 59, Section 1971 and Title 24, Chapter 61, Subchapter 8, Section 2202a of the Vermont Statutes. Municipalities were required to adopt variable rate pricing under Title 24, Chapter 61, Subchapter 8, Section 2202a (d). Article III provides definitions related to the management of solid waste. Article IV requires haulers and facilities to charge residential customers for managing municipal solid waste based on either weight or volume. Article V provides for haulers and facilities to charge a flat fee for operational costs for collecting, transporting and disposing of municipal solid waste as well as fees for materials such as food and yard residuals or bulky items. Haulers and facilities may not charge for mandated recyclables after July 1, 2015. Article VI requires haulers and facilities to file and submit evidence of their pricing system including a breakdown of all fees. Article VII provides for registration of haulers with the Town of Pownal and information that may be required for registration. The requirements for and reporting on quantities of municipal solid waste, organics and mandated recyclables collected on a quarterly basis is repealed. Article VIII lists penalties and enforcement mechanisms for this ordinance. Article IX designates the Bennington County Sheriff's Department as the law enforcement authority for this ordinance. Article X repeals any inconsistent ordinances. Article XI provides for severability so that if a part of this ordinance is found invalid, the remainder will not be affected. Article XII states the ordinance will become effective 60 days from the adoption of August 3, 2015. A copy of the ordinance may be obtained from: Linda Sciarappa, Selectmen's Assistant, Town of Pownal, 467 Center Street, Pownal VT. Phone 802- 823- 0132, email: pownallcs@comcast.net Or Michael S. Batcher, Bennington County Regional Commission, 111 South St., Suite 203, Bennington, VT 05201, (802) 442-0713 x2, email: mbatcher@bcrcvt.org. Or from the Bennington County Solid Waste Alliance website at www.bcswavt.org Voters of the Town of Pownal must submit a petition for a vote disapproving the proposed amendment to, Linda Sciarappa, Selectmen's Assistant Town of Pownal by November 25, 2017 if they feel this amendment should not be adopted. Otherwise the ordinance will become effective on December 11, 2017 (60 days after adoption). 10/20/2017
TOWN OF SHAFTSBURY PUBLIC HEARING RESCHEDULED The Development Review Board will hold a meeting, Wednesday, November 15, 2017 at 7:00 pm at the Shaftsbury Town Offices, 61 Buck Hill Rd, Shaftsbury, VT to conduct the following business: 1. Application #17-9904, Joseph Myers, 1076 West Mountain Road, Parcel # 08 20 23, conditional use permit for a home occupation in the R80 zone. Additional information can be obtained by contacting the Zoning Administrator, Shelly Stiles. Contact information is shown below. Participation in this proceeding is a prerequisite to the right to take any subsequent appeal. Shelly Stiles Zoning Administrator Shaftsbury Town Offices 61 Buck Hill Rd PO Box 409 Shaftsbury, VT 05262 Phone: 802-442-4038 x 105 10/20/17
Classifieds
October 19th, 2017
AKA Self Storage LLC announces the personal property in these storage units will be sold, no sooner than 15 days from this notice, to recover delinquent fees: J. Lane (unit #32), M. Priest (unit #13), M. Erikson (unit #29), N. Tifft Jr (unit #12), and W. Holland (unit #23). For more information, contact AKA Self Storage LLC, Route 346, Pownal, VT at 802-823-5288. 10/19/17, 10/26/17
DEVELOPMENT REVIEW BOARD The Town of Bennington Development Review Board will hold a regular meeting on Tuesday, November 7, 2017 at 6:30 p.m. at the Bennington Fire Facility, 3rd Floor, 130 River Street, Bennington, Vermont. The purpose of the meeting will be to conduct regular business and to hold a public hearing on the following: Keith & Francine Jelley 100 Reed Drive, seeking approval of two lot subdivision in the above location, a VR District. Sections of the Land Use & Development Regulations applicable: Table 3.10 and Articles 7 & 8. Dated at Bennington, Vermont this 18th day of October, 2017. Charles Copp Chair 10/19/17
Classifieds
October 17th, 2017
STATE OF VERMONT PROPOSED USE OF INCREMENTAL PROPERTY TAX REVENUE FOR TAX INCREMENT FINANCING DISTRICT, TOWN OF BENNINGTON PUBLIC COMMENT INVITED On October 18, 2017, the Vermont Economic Progress Council (VEPC) will meet in Bennington to begin consideration of an application submitted by the Town of Bennington to utilize future incremental municipal and education property tax revenues to finance debt, if approved by the voters and incurred, for infrastructure to serve expected real property developments within the Tax Increment Financing District that was established by the Town of Bennington on September 11, 2017. VEPC invites the public to comment on the consideration of this application by the Vermont Economic Progress Council. Comments can be made: 1) In person: On October 18, 2017 from 1:00 p.m. to 2:00 p.m., Oldcastle Theater Company, 331 Main Street, Bennington. Please arrive between 12:45 p.m. and 1:00 p.m. to sign up to speak. Comments are limited to 7 minutes per person. Please bring a written copy of your comments. 2) In writing: By November 16, 2017, email comments to fred.kenney@vermont.gov 10/13/17, 10/17/17
Classifieds
October 16th, 2017
STATE OF VERMONT VERMONT SUPERIOR COURT BENNINGTON UNIT CIVIL DIVISION DOCKET NO: 47-2-16 BNCV CITIMORTGAGE, INC. v. KENESSA J. WHITE, JEFFREY J. WHITE AND DISCOVER BANK OCCUPANTS OF: 66 NORTH BRANCH STREET, BENNINGTON, VT MORTGAGEE'S NOTICE OF FORECLOSURE SALE OF REAL PROPERTY UNDER 12 V.S.A. sec 4952 et seq. In accordance with the Amended Judgment Order and Decree of Foreclosure entered September 12, 2017, in the above captioned action brought to foreclose that certain mortgage given by Kenessa J. White and Jeffrey J. White to Mortgage Electronic Registration Systems Inc., as nominee for CitiMortgage, Inc., dated December 15, 2005 and recorded in Book 428 Page 142 of the land records of the Town of Bennington, of which mortgage the Plaintiff is the present holder, by virtue of an Assignment of Mortgage from Mortgage Electronic Registration Systems Inc., as nominee for CitiMortgage, Inc. to CitiMortgage, Inc. dated July 1, 2014 and recorded in Book 501 Page 77 of the land records of the Town of Bennington for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be will be sold at Public Auction at 66 North Branch Street, Bennington, Vermont on November 7, 2017 at 12:00 PM all and singular the premises described in said mortgage, To wit: THE FOLLOWING DESCRIBED REAL PROPERTY SITUATE IN THE CITY OF BENNINGTON, COUNTY OF BENNINGTON, AND STATE OF VERMONT, TO WIT: BEING ALL AND THE SAME LANDS AND PREMISES AS WERE CONVEYED TO JOSEPH F. MAYER AND ZINA B. MAYER, BY WARRANTY DEED OF LELAND E, WATTERS, WIDOWER, SAID DEED DATED SEPTEMBER 11, 1995 AND RECORDED SEPTEMBER 15, 1995 IN BOOK 0-321 AT PAGE 124 OF THE BENNINGTON, VERMONT LAND RECORDS AND BEING THEREIN DESCRIBED AS FOLLOWS: BEING ALL AND THE SAME LANDS AND PREMISES WHICH WERE CONVEYED TO LELAND E. WATTERS AND JONA M. WATTERS (NOW DECEASED), BY WARRANTY DEED OF GORDON H. LYONS AND PATRICIA D. LYONS, DATED SEPTEMBER 4, 1985, RECORDED SEPTEMBER 4, 1985 AT BOOK 0 253, PAGE 142 OF THE BENNINGTON LAND RECORDS, AND WHICH WERE THEREIN DESCRIBED AS FOLLOWS: "BEGINNING AT A POINT IN THE WESTERLY LINE OF NORTH BRANCH STREET EXTENSION, SO-CALLED, SAID POINT THE SOUTHEAST(S1C NORTHEAST) CORNER OF LANDS OF RICHARD AND JENNIFER JONES: THENCE RUNNING SOUTHWESTERLY ALONG THE WESTERLY LINE OF NORTH BRANCH STREET EXT, S 44 41" W 50 FEET AND S 55 17' W 51.2 FEET TO AN IRON PIPE AT THE NORTHEAST CORNER OF LANDS OF ALICE STRATTON; THENCE RUNNING N 42 41' W ALONG THE NORTH LINE OF LANDS OF SAID STRATTON 97.2 FEET TO AN IRON PIPE; THENCE RUNNING SOUTHWESTERLY ALONG THE WESTERLY LINE OF LANDS OF SAID STRATTON ABOUT 66 FEET TO THE NORTHERLY BANK OF THE ROARING BRANCH RIVER; THENCE RUNNING NORTHWESTERLY ALONG THE NORTHERLY BANK OF THE ROARING BRANCH RIVER ABOUT 210 FEET TO AN EASTERLY LINE OF LANDS OF THE BENNINGTON COUNTY INDUSTRIAL CORPORATION; THENCE RUNNING N 32 14' E ALONG THE EAST LINE OF LANDS OF THE BENNINGTON COUNTY INDUSTRIAL CORPORATION ABOUT 110 FEET TO AN IRON PIPE, SAID IRON PIPE BEING S 32 14' W 30.0 FEET FROM AN IRON PIPE AT THE SOUTHWEST CORNER OF LANDS OF THE SAID JONES, SAID LATTER PIPE ALSO BEING A CORNER COMMON TO LANDS OF BENNINGTON COUNTY INDUSTRIAL CORPORATION AND LANDS NOW OR FORMERLY OF ONE HUTCHINSON; THENCE RUNNING S 50 25' E 345.1 FEET TO THE POINT OF BEGINNING." "THIS DESCRIPTION IS BASED ON A SURVEY BY THE OFFICE OF GERALD E. MORRISSEY, INC., BENNINGTON, VERMONT, DATED JUNE AND AUGUST, 1975." BY FEE SIMPLE DEED FROM JOSEPH F. MAYER AND ZINA B. MAYER AS SET FORTH IN DEED BOOK 360, PAGE 206 AND RECORDED ON 5/22/2000, BENNINGTON COUNTY RECORDS. THE SOURCE DEED AS STATED ABOVE IS THE LAST RECORD OF VESTING FILED FOR THIS PROPERTY. THERE HAVE BEEN NO VESTING CHANGES SINCE THE DATE OF THE ABOVE REFERENCED SOURCE. Reference is hereby made to the above instruments and to the records and references contained therein in further aid of this description. Terms of sale: Said premises will be sold and conveyed subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens and assessments, if any, which take precedence over the said mortgage above described. TEN THOUSAND ($10,000.00) Dollars of the purchase price must be paid by a certified check, bank treasurer's or cashier's check at the time and place of the sale by the purchaser. The balance of the purchase price shall be paid by a certified check, bank treasurer's or cashier's check within sixty (60) days after the date of sale. The mortgagor is entitled to redeem the premises at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale. Other terms to be announced at the sale. DATED: October 4, 2017 By: /S/Rachel K. Jones, Esq. Rachel K. Jones, Esq. Bendett and McHugh, PC 270 Farmington Ave., Ste. 151 Farmington, CT 06032 10/16/17, 10/23/17, 10/30/17
Petitions available On October 16, 2017, petitions for the position of Supervisor for the Bennington County Conservation District (BCCD) will be available. An election will be held on November 28, 2017 for one Supervisor. Petitions must be completed and returned to BCCD by close of business on November 17, 2017. Only persons, firms and corporations who hold title in fee to one or more acres of land and reside within Bennington County are eligible to sign a petition or vote. Conservation Districts are local subdivisions of state government established under the Soil Conservation Act of Vermont. The mission of BCCD is to promote rural livelihoods and protect natural resources in southwestern Vermont. For more information, see www.bccdvt.org An eligible voter may contact BCCD at 802-442-2275 or bccd@sover.net for a petition or more information. 10/16/17
Classifieds
October 14th, 2017
IMPORTANT INFORMATION ABOUT YOUR SPECTRUM CHANNEL LINEUP Communities Served: Albany; Altamont; Ames; Bethlehem; Canajoharie; Coeymans; Duanesburg; Fort Plain; Guilderland; Hoosick; Hoosick Falls; Knox; Minden; Nelliston; New Scotland; Niskayuna; Palatine; Palatine Bridge; Princetown; Root; Rotterdam; Schenectady; St. Johnsville & Voorheesville, NY On or after 11/28/17 Charter will start encrypting the Starter, Spectrum Basic, Standard, and Spectrum Select Service Tier offerings on your cable system. If you have a set-top box, digital transport adapter (DTA), or a retail CableCARD device connected to each of your TVs, you should be unaffected by this change. However, if you are currently receiving the Starter, Spectrum Basic, Standard, or Spectrum Select Service Tier offerings on any TV without equipment supplied by Charter, you will lose the ability to view any channels on that TV. If you are affected, you should contact Charter to arrange for the equipment you need to continue receiving your services. In such case, you are entitled to receive equipment at no additional charge or service fee for a limited period of time. The number and type of devices you are entitled to receive and for how long will vary: If you are a Starter or Spectrum Basic Service Tier customer and receive the service on your TV without Charter-supplied equipment, you are entitled to up to two devices for two years (five years if you also receive Medicaid). If you subscribe to a higher level of service and receive the Standard or Spectrum Select Service Tier offering on a secondary TV without Charter-supplied equipment, you are entitled to one device for one year. You can learn more about this equipment offer and eligibility for Residential at Spectrum.com/digitalnow or by calling 800-892-4357, or for Commercial at Business.Spectrum.com/DigitalNow or by calling 855-890-1101. To qualify for any equipment at no additional charge or service fee, you must request the equipment no later than the 120th day after the date your service is encrypted and satisfy all other eligibility requirements. 10/14/17
Classifieds
October 13th, 2017
STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION BENNINGTON UNIT DOCKET # 207-7-17 BNCV WELLS FARGO BANK, NA Plaintiff v. MICHAEL S. THOMAS, SHELLY M. THOMAS AND TOWN OF BENNINGTON OCCUPANTS OF: 1 Jennings Drive, Bennington VT Defendants SUMMONS & ORDER FOR PUBLICATION THIS SUMMONS IS DIRECTED TO: Shelly M. Thomas 1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. A copy of the Plaintiff's Complaint against you is on file and may be obtained at the office of the clerk of this court, Bennington Unit, Civil Division, Vermont Superior Court, 207 South Street, Bennington, Vermont. Do not throw this paper away. It is an official paper that affects your rights. 2. PLAINTIFF'S CLAIM. Plaintiffs claim is a Complaint in Foreclosure which alleges that you have breached the terms of a Promissory Note and Mortgage Deed dated March 16, 2012. Plaintiff's action may effect your interest in the property described in the Land Records of the Town of Bennington at Volume 484, Page 179. The Complaint also seeks relief on the Promissory Note executed by you. A copy of the Complaint is on file and may be obtained at the Office of the Clerk of the Superior Court for the County of Bennington, State of Vermont. 3. YOU MUST REPLY WITHIN 41 DAYS TO PROTECT YOUR RIGHTS. You must give or mail the Plaintiff a written response called an Answer within 41 days after the date on which this Summons was first published, which is October 6, 2017. You must send a copy of your answer to the Plaintiff or the Plaintiff's attorney, LORAINE L. HITE, Esq. of Bendett and McHugh, PC, located at 270 Farmington Avenue, Ste. 151, Farmington, CT 06032. You must also give or mail your Answer to the Court located at 207 South Street, Bennington, Vermont. 4. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff's Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer. 5. YOU WILL LOSE YOUR CASE IF YOU DO NOT GIVE YOUR WRITTEN ANSWER TO THE COURT. If you do not Answer within 41 days after the date on which this Summons was first published and file it with the Court, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the complaint. 6. YOU MUST MAKE ANY CLAIMS AGAINST THE PLAINTIFF IN YOUR REPLY. Your Answer must state any related legal claims you have against the Plaintiff. Your claims against the Plaintiff are called Counterclaims. If you do not make your Counterclaims in writing in your answer you may not be able to bring them up at all. Even if you have insurance and the insurance company will defend you, you must still file any Counterclaims you may have. 7. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you cannot afford a lawyer, you should ask the court clerk for information about places where you can get free legal help. Even if you cannot get legal help, you must still give the court a written Answer to protect your rights or you may lose the case. ORDER The Affidavit duly filed in this action shows that service cannot be made with due diligence by any of the method provided in Rules 4(d)-(f), (k), or (1) of the Vermont Rules of Civil Procedure. Accordingly, it is ORDERED that service of the Summons set forth above shall be made upon the defendant, Shelly M. Thomas, by publication as provided in Rule s 4(d)(1) and 4 (g) of those Rules. This order shall be published once a week for 3 weeks beginning on October 06, 2017 in the Bennington Banner, a newspaper of the general circulation in Bennington County, and a copy of this summons and order as published shall be mailed to the defendant Shelly M. Thomas, at 1 Jennings Drive, Bennington, VT 05201. Dated at Bennington, Vermont this 21st day of September, 2017 James Colvin Presiding Judge Bennington Unit, Civil Division 10/06/13, 10/13/17, 10/20/17
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