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Classifieds
January 16th, 2019
Bennington County Industrial Corporation will be conducting an open meeting to discuss the application to the Brownfields Clean Up Grant application and draft Analysis of Brownfields Clean Up Alternatives (ABCA). The draft application and ABCA is available during regular business hours, Monday through Friday, at Bennington County Regional Commission (BCRC) located at 111 South Street, Suite 203, Bennington, VT 05201 for review and comment by the community. The application is being submitted to help in the environmental remediation efforts for the Putnam Block in Bennington, VT. The public meeting will be held at BCRC at the above location at 10am on Wednesday, January 23, 2019. Please contact Gabrielle Ciuffreda to submit written comments on the application materials at gciuffreda@msdevelopmentllc.com via email prior to January 31, 2019. 01/16/19
TOWN OF BENNINGTON Request for Proposals The Town of Bennington is soliciting proposals for the assessment, revision, and rewriting of Bennington's existing Land Use and Development Regulations (LUDR). Revisions will focus on making the LUDR consistent with Bennington's recently adopted Town Plan; simplifying existing regulations with greater reliance on form-based design standards for certain districts; and incorporating provisions needed for Neighborhood Development Area designation. This project is funded by the State of Vermont Municipal Planning Grant Program and State requirements shall apply. Proposals shall be accepted until 11 a.m., E.S.T. on February 25, 2019 at the Bennington Town Office, 205 South Street, Bennington, VT 05201. A copy of the Request For Proposals may be found at: http://benningtonvt.org/rfp-ludr/ or you may contact Daniel Monks, Town of Bennington Assistant Town Manager, via e-mail at dmonks@benningtonvt.org to request a copy of the Request for Proposals. 01/16/19
NOTICE The State of Vermont's Department of Housing and Community Development will be holding a public hearing to get input from Vermont residents before writing its HUD 2019 Annual Action Plan. The purpose of the hearing is to listen to residents' views about the state's housing, homelessness, public facility and service, and non-housing community development needs, as well as ideas for grant activities the State should consider funding in the next program year (July 1, 2019 - June 30, 2020). The Department also seeks feedback on how the programs funded by HUD under past plans performed in meeting the State's goals. The Plan outlines priorities for the use of approximately $10 million in federal funds provided to the State for the Community Development Block Grant, HOME Investment Partnership Program, and Emergency Solutions Grant program, and $3 million awarded to the State from the National Housing Trust Fund to develop housing that is affordable to extremely low- and very low- income households. The Plan also serves as Vermont's application for these funds. The goals of the Plan are to provide decent affordable housing, assure a suitable living environment, and expand economic opportunity for Vermont's citizens. The hearing will be held on Friday, February 1, 2019, from 3:30 - 4:00 p.m. in the Calvin Coolidge Room, 1 National Life Drive, Davis Building, 6th Floor, Montpelier. The hearing room is handicapped accessible. Accommodations for persons with disabilities and interpreters to meet the needs of non-English speaking persons will be made available upon request. Requests for accommodations should be directed to Arthur Hamlin at (802) 828-3749, or in writing to Arthur Hamlin, Housing Program Coordinator, Vermont DHCD, 1 National Life Drive, Davis Building, 6th Floor, Montpelier, VT 05620 by 4:30 p.m. on Tuesday, January 22, 2019. For the hearing impaired please call (TTY#) 1-800-253-0191. More information is available on the Department's website at http://accd.vermont.gov/housing 01/16/19
Classifieds
January 15th, 2019
LEGAL NOTICE Bennington Fire District #1 DBA Bennington Rural Fire Department January 28, 2019 Legally registered voters of the Bennington Fire District #1 are herby notified and warned to meet at the Willow Road Fire House at 7:00 PM to transact the following business: Article 1: To see if the District will elect a Moderator, Chief, 1st Assistant Chief, 2nd Assistant Chief in accordance with district bylaws until the next annual meeting or until their successors are duly elected or appointed. Article 2: To elect all District Officers as required by law, namely the Treasurer, Clerk, and Three Year Prudential Board Member. These Officers are to serve until the next annual meeting of Fire District or until their successors are duly elected or appointed. Article 3: To vote for a one year Prudential Board Member. Article 4: To vote for a second one year Prudential Board Member. Article 5: To see if the District will hold its annual meeting on the fourth Monday of January next year, the date being January 27, 2020. Article 6: To see what the compensation shall be paid to the District's Offices for the coming year. Article 7: To see if the District will accept the budget of $435,010. Article 8: To see if the District will authorize the Prudential Committee to borrow money if necessary. Article 9: To see if the District will authorize Prudential Committee to transact any other business found necessary when met. Article 10: To see if the District will approve the starting of a sinking fund for air packs for $30,000. Jessica White, Clerk Bennington Fire District #1 12/27/18, 12/31/18, 01/15/19, 01/28/19
LEGAL NOTICE BOARD OF EDUCATION CAMBRIDGE CENTRAL SCHOOL CAMBRIDGE, NEW YORK The Board of Education of Cambridge Central School District hereby invites the submission of sealed bids regarding: ONE 2019 CHEVROLET SUBURBAN YELLOW OR WHITE Bids will be received until Tuesday, January 22nd, 2019 AT 2:00 PM at the District Business Office, Cambridge Central School Bus Garage, 58 South Park Street, Cambridge, New York at which time and place all bids will be opened publicly. Specifications and bid forms may be obtained at the District Business Office located at 58 South Park St., Cambridge, New York, 8:00 A.M. to 3:00 P.M. on Monday through Friday, by calling 518-677-2653 extension 1013 or via email april.young@cambridgecsd.org The Board of Education reserves the right to reject any or all bids. BOARD OF EDUCATION CAMBRIDGE CENTRAL SCHOOL DATED: January 11th, 2019 01/15/19
TOWN OF SHAFTSBURY PUBLIC HEARING Thursday January 30, 5:30 p.m. Cole Hall, 61 Buck Hill Road The Town of Shaftsbury Select Board will hold a second meeting, Thursday January 30, 2019 at 5:30 p.m. in the Shaftsbury Town Hall, Cole Hall, at 61 Buck Hill Road in Shaftsbury, VT to review the following proposed amendments to the Town's Zoning Bylaws and Land Use Regulations. The Planning Commission proposes that two new uses, "rooming house" and "short term rental," be added to the bylaw to a) address the need for workforce housing and to b) encourage economic activity in the community, to wit: To create a "rooming house" lodging option to offer single room rentals, lacking full housekeeping facilities, and not catering to the traveling public. They may be situated only within existing lodging facilities constructed prior to the year 2000 and fronting on Route 7A. If the facility includes ten or more units, an on-site manager must live on the premises. The proposed bylaw requires that a communal kitchen and recreational area be provided. "Rooming houses" are to be considered conditional uses. To allow property owners in all zoning districts except Forest and Recreation to practice a home occupation consisting of offering for "short term rental" a furnished home or other dwelling room or unit to the transient public for a period of fewer than thirty consecutive days and for more than fourteen days per calendar year. Newly constructed short term rentals shall observe a two hundred foot setback from all property lines and other short term rental units. Two structures are allowed per parcel provided other requirements are met. Recreational vehicles shall not be used for short term rentals. "Short term rentals" as a home occupation are to be considered permitted uses requiring site plan approval. The Planning Commission also proposes: To delete in its entirety 0.4, Table of Uses, from the bylaw to address conflicts between the Table and the language of the bylaw itself. Discussion As regards 24 VSA Section 4441: Motel to Housing Conversions This bylaw concerns a trend that we see in many parts of Vermont where failing motels are converted to rental housing. These conversions do not fit the definition of hotel/motel because they do not cater to the traveling public. Neither do they fit the definition of multifamily housing because the units lack kitchen facilities. 1) The Town Plan lists ten goals. Section 2.6 (the 6th goal) states "Promote opportunities for affordable housing. The Town should seek innovative ways of providing a wide range of housing opportunities." Presently only property fits the criteria of this bylaw. The property functions partly as housing for the owner's workforce. 2) Motel properties which are potential candidates for conversion to housing are located in the Roadside Commercial District. The Zoning Bylaws already contain a section relating to the redevelopment of motel properties (Section 7.2.4 a) which this proposed bylaw is an expansion of. The Town Plan states in Section 6.5.2 "commercial businesses in appropriate areas should be encouraged." Short Term Rentals The Planning Commission views this bylaw as an attempt to foster grassroots economic development whereby property owners could have a new source of income from their land. Internet bookings of tourist rentals is already widespread in Shaftsbury. The intent here is to allow property owners in all zoning districts except Forest and Recreation to practice a home occupation consisting of offering for "short term rental" a furnished home or other dwelling room or unit to the transient public for a period of fewer than thirty consecutive days and for more than fourteen days per calendar year. 1) The Town Plan does not address this situation except in the most general language. Section 2.2 states "We should encourage our existing businesses and strive to create an atmosphere for bringing new businesses to Town." Home occupations represent the smallest form of small businesses. 2) The bylaw does not change densities of zoning districts because no permanent residences are created. Removal of 0.4, Table of Uses From time to time, applicants for conditional use permits and the members of the Development Review Board reviewing them have been confused by seemingly conflicting guidance in 0.4 Table of Uses as compared to the bylaw text. As the language of the bylaw has primacy over the Table (which was meant to be only an aid to the reader), the Town proposes to delete from the bylaw document item 0.4, Table of Uses, in its entirety. Additional information can be obtained by contacting the Zoning Administrator. Shelly Stiles, Zoning Administrator Shaftsbury Town Offices 61 Buck Hill Rd, PO Box 409 Shaftsbury, VT 05262 Phone: 802-442-4038 x 105 01/15/19
Classifieds
January 14th, 2019
TOWN OF BENNINGTON Bid Description The Town of Bennington is requesting bids for the construction of the Bennington STP EH 08(11): Pleasant and School Street Enhancement Project as described in the contract documents and plans. Work to be performed under this project generally includes the following: Installation of new curbs and sidewalks, new planters, additional landscaping and related incidentals. This is a federal aid project, and federal requirements shall apply. Sealed bids from pre-qualified contractors shall be accepted until 2 p.m., E.S.T. on Wednesday, February 20, 2019 at the Bennington Town Office, 205 South Street, Bennington, VT 05201. Bid opening will occur immediately after the bid submittal deadline in the town office conference room. A non-mandatory pre-bid conference will be held for the project on Friday, February 1 at 10 A.M. in the parking lot behind TD Bank located at the corner of Pleasant and School Streets. Electronic (PDF) copies of the contract documents are available at no charge, and Contractors are permitted to make their own arrangements for printing needs. Please contact Cory Frehsee from Stevens and Associates to request electronic copies. Printed sets of plans and specifications may be obtained from Stevens & Associates, 95 Main Street, Brattleboro, VT 05302 (Phone: 802-257-9329) at a cost of $100 per set made payable to Stevens & Associates. Plans are not returnable. Contractors are also asked to contact Mr. Frehsee via email at cfrehsee@stevens-assoc.com and calling 802-257-9329 x110 to confirm that they have been added to the bidders list. 01/12/19, 01/14/19
VILLAGE OF HOOSICK FALLS HOOSICK FALLS, NEW YORK CONTRACT 2 - LYMAN ST AND RIVER RD SANITARY PUMPSTATIONS ADVERTISEMENT FOR BIDS In accordance with Section 103 of Article 5-A of the General Municipal Law, sealed Bids for the construction of the Contract 2 - Lyman St and River Rd Sanitary Pumpstations will be received by Village of Hoosick Falls, at the office of the Village of Hoosick Falls, Municipal Building, 24 Main Street, Hoosick Falls, New York 12090, until 2:00 PM local time on February 11, 2019, at which time the Bids received will be publicly opened and read. The project generally consists of: The project consists of construction of a sanitary sewage duplex self-priming pre-packaged pump station and associated site improvements at Lyman Street within the Village of Hoosick Falls. Additionally the Lyman Street station includes the controlled demolition of a residential structure located at 22 Lyman Street under the NYS Department of Labor Applicable Variance A-1 for the controlled demolition of municipally owned vacant residential buildings. The project also consists of improvements to the existing River Road sanitary sewage pump station located in the Village of Hoosick Falls. River Road improvements include select demolition of the existing pump station and installation of a prepackaged duplex self-priming pump station. The Issuing Office for the Bidding Documents is: MRB Group, The Culver Road Armory, 145 Culver Road Suite 160, Rochester, New York 14620. Prospective Bidders may examine the Bidding Documents at the Issuing Office on Mondays through Fridays between the hours of 8:30 AM and 4:30 PM, and may obtain copies of the Bidding Documents from the Issuing Office as described below. Bidding Documents also may be examined at the office of the Village of Hoosick Falls, Municipal Building, 24 Main Street, Hoosick Falls, New York 12090 on Mondays through Fridays between the hours of 9:00 AM and 3:30 PM; at plan rooms, or online through internet based construction information subscription services. Bidding Documents may be obtained from the Issuing Office during the hours indicated above on or after January 17, 2019. Bidding Documents are available on compact disc (as portable document format (PDF) files) for a non-refundable charge of $10 for each set, payable to Village of Hoosick Falls. No print documents will be issued. Bidder is responsible for costs associated with printing the Digital Documents. Upon request and receipt of the document deposit indicated above plus a non-refundable shipping charge of $20 payable to the Issuing Office, the Issuing Office will transmit the Bidding Documents via delivery service. The date that the Bidding Documents are transmitted by the Issuing Office will be considered the Bidder's date of receipt of the Bidding Documents. Partial sets of Bidding Documents will not be available from the Issuing Office. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained from sources other than the Issuing Office. In lieu of the shipping charge, prospective bidders may pick up Bidding Documents themselves at the Issuing Office, or they may ask to have the documents shipped on their own account number. When requesting Bidding Documents, prospective bidders must include a letter stating their name, firm's name, shipping address (no P.O. Box numbers), telephone number, fax number (if any), name of project for which they are requesting Bidding Documents, amount of money enclosed, and, if applicable, check numbers. Prospective bidders having Bidding Documents shipped on their own account number must also include their account number, desired method of shipping (overnight, next afternoon, etc.) and a statement permitting the Issuing Office to use their account number to ship documents to them. Requests for Bidding Documents that are not accompanied by the required letter will be returned. The Village of Hoosick Falls, Rensselaer County, New York, reserves the right to reject any or all bids, or to waive any informalities, or to make an award to other than the low bidder. It further reserves the right to limit the amount of the award. Attention of the bidders is particularly directed to the requirements of the conditions of employment to be observed and minimum Wage Rates to be paid under the Contract. The Village of Hoosick Falls does not discriminate on the basis of handicapped status in admission or access to, or treatment or employment in, its programs and activities. A Pre-Bid Conference will be held on January 30, 2019 at 2:00 PM local time at Municipal Building, 24 Main Street, Hoosick Falls, New York. Representatives of Owner and Engineer will be present to discuss the Project. Attendance at the Pre-Bid Conference is highly encouraged but is not mandatory. Bid security shall be furnished in accordance with the Instructions to Bidders. Owner: Village of Hoosick Falls By: Judy VanDerKar Title:Deputy Village Clerk Dated: January 17, 2019 01/14/19, 01/21/19
Classifieds
January 12th, 2019
TOWN OF BENNINGTON Bid Description The Town of Bennington is requesting bids for the construction of the Bennington STP EH 08(11): Pleasant and School Street Enhancement Project as described in the contract documents and plans. Work to be performed under this project generally includes the following: Installation of new curbs and sidewalks, new planters, additional landscaping and related incidentals. This is a federal aid project, and federal requirements shall apply. Sealed bids from pre-qualified contractors shall be accepted until 2 p.m., E.S.T. on Wednesday, February 20, 2019 at the Bennington Town Office, 205 South Street, Bennington, VT 05201. Bid opening will occur immediately after the bid submittal deadline in the town office conference room. A non-mandatory pre-bid conference will be held for the project on Friday, February 1 at 10 A.M. in the parking lot behind TD Bank located at the corner of Pleasant and School Streets. Electronic (PDF) copies of the contract documents are available at no charge, and Contractors are permitted to make their own arrangements for printing needs. Please contact Cory Frehsee from Stevens and Associates to request electronic copies. Printed sets of plans and specifications may be obtained from Stevens & Associates, 95 Main Street, Brattleboro, VT 05302 (Phone: 802-257-9329) at a cost of $100 per set made payable to Stevens & Associates. Plans are not returnable. Contractors are also asked to contact Mr. Frehsee via email at cfrehsee@stevens-assoc.com and calling 802-257-9329 x110 to confirm that they have been added to the bidders list. 01/12/19, 01/14/19
Classifieds
January 11th, 2019
NOTICE OF ORDINANCE ADOPTION TOWN OF POWNAL PO Box 411 467 Center Street Pownal, Vermont 05261 On December 27, 2018, the Selectboard of the Town of Pownal, Vermont adopted a Traffic Ordinance Pursuant to Vermont State Statutes 17 V.S.A. 2645 (a) (4). This notice is published pursuant to 24 V.S.A. 1972 to inform the public of this ordinance, and of the citizens' right to petition for a vote to disapprove this ordinance. Unless otherwise petitioned the ordinance becomes effective February 25, 2019. TEXT OF ORDINANCE: A copy of the full text may be obtained at the Pownal Town Office or online at townofpownal.org This ordinance is adopted pursuant to 24 V.S.A. 2291 (4) and 23 V.S.A. 1008 of the Vermont Statutes. Further definitions, where required shall be taken from Chapter 13 of Title 13 of the Vermont Statutes. Michael A. Walker, Town Administrator Town of Pownal 01/11/19
Classifieds
January 10th, 2019
STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION Bennington Unit Docket No. 169-6-17 Bncv VERMONT HOUSING FINANCE AGENCY, Plaintiff, vs. JACOB A. SMITH, PATRICIA M. STRATTON, TD BANKNORTH, NA (n/k/a TD BANK, N.A.) and OCCUPANTS AT 181 CHURCH STREET, SHAFTSBURY, VT Defendants. NOTICE OF SALE By virtue of the order for public sale contained in the Judgment and Decree of Foreclosure by Judicial Sale issued by this Court in favor of the Plaintiff, Vermont Housing Finance Agency, dated February 22, 2018, the lands and premises which are the subject of this foreclosure action will be sold at Public Auction at 11:00 a.m. on the 30th day of January, 2019, at 181 Church Street in the Town of Shaftsbury, County of Bennington and State of Vermont. The sale shall be conducted by a sheriff or any licensed auctioneer. The property to be sold is all and singular the premises as described in the subject Mortgage Deed from Jacob A. Smith and Patricia M. Stratton to Banknorth, NA, dated January 16, 2004 and recorded in the Town of Shaftsbury Land Records in Book 120, at Page 699. Said mortgage was assigned to Vermont Housing Finance Agency by Banknorth, NA, by Assignment dated August 12, 2011 and recorded in the Town of Shaftsbury Land Records in Book 142, Page 47. Vermont Housing Finance Agency then assigned the mortgage to U.S. Bank, N.A. by Assignment dated June 17, 2009 and recorded August 31, 2009 in Book 137 at Page 284 of the Town of Shaftsbury Land Records. U.S. Bank, N.A. then assigned the mortgage to Vermont Housing Finance Agency by Assignment dated August 12, 2011 and recorded August 22, 2011 in Book 142 at Page 47 of the Town of Shaftsbury Land Records. The lands and premises are more particularly described as follows: Being all and the same lands and premises conveyed by Warranty Deed from Richmond Galusha and Sylvia Mae Galusha to Patricia Mae Stratton and Jacob Allen Smith, joint tenants with right of survivorship, dated January 16, 2004 and recorded in Book 120, Page 696 of the Town of Shaftsbury Land Records. The lands and premises are more particularly described as follows: Being all and the same lands and premises conveyed to Richmond Galusha and Zylpha Mae n/k/a Sylvia Mae Galusha, by Quitclaim Deed of Richmond Galusha and Zylpha Mae n/k/a Sylvia Mae Galusha, dated February 9, 1998 and recorded February 11, 1998, in Book 94, at page 414 of the Shaftsbury, Vermont Land Records and being therein described as follows: Being a portion of the same lands and premises conveyed to Richmond Galusha and Zylpha Mae Galusha, now known as, Sylvia Mae Galusha, by Harold J. Gilbar, Jr., Trustee, by Quit Claim Deed dated December 8, 1978 and recorded December 20, 1978 in Book 60, Pages 95 and 96 of the Shaftsbury Land Records and more particularly described as follows: ALL that certain parcel of land lying in the Town of Shaftsbury, County of Bennington, State of Vermont being more fully bounded and described as follows: BEGINNING at an iron rod set on the south side of Church Street at the northwest corner of lands now or formerly of Temple (Book 51, Page 315); running thence (1) Along lands of the before mentioned Temple SOUTH 05 30' 00" WEST 88.00 feet to an iron rod set, thence over and through lands of the grantor the following two courses, namely: (2) NORTH 85 45' 10" WEST 80.00 feet to an iron rod set, thence (3) SOUTH 86 08' 20" WEST 117.87 feet to an iron rod set, thence (4) Along lands now or formerly of Paquin (Book 83, page 121) NORTH 08 13' 00" EAST 100.00 feet to an iron rod set, thence EAST 191.76 feet to the point of beginning. CONTAINING 0.402 more or less acres. SUBJECT TO State of Vermont Homestead Exemption Permit HE-8-0378. Being the same lands and premises designated as Lot 1 shown on a survey map prepared by D.T. Mance and Associates, Inc., dated December 2, 1997 and recorded February 9, 1998 in Pocket No. 158B of the Shaftsbury, Vermont Land Records. The Defendant Mortgagor shall be entitled to redeem the premises at any time prior to the sale by paying the full amount due under the Mortgage, together with the costs and expenses of sale. TERMS OF SALE The above-described property foreclosed by the Judgment and Decree of Foreclosure by Judicial Sale issued in this matter shall be sold to the highest bidder in "AS IS" condition and subject to all outstanding municipal assessments. The property shall be sold as a whole and not in parcels. The terms of the sale shall be cash, certified bank draft or official bank (treasurer's) check for the full amount of the purchase price. In the alternative, bidders may provide a Ten Thousand Dollar ($10,000.00) down payment (by cash, certified bank draft or official bank (treasurer's check) with written evidence of bank financing acceptable to Plaintiff in its sole discretion, with closing to take place not later than ten (10) days from the date of confirmation of the sale by the Court. In the event that the high bidder fails to close for any reason, the Ten Thousand Dollar ($10,000.00) down payment shall be forfeited to the Plaintiff, in which case Plaintiff in its sole discretion may then either proceed to re-auction at a second judicial sale or seek to amend the Confirmation Order to approve a sale to the second highest bidder. The high bidder may also be required to sign a Purchase and Sale Agreement. The sale shall further be subject to confirmation by this Court at a hearing to be held at the Vermont Superior Court, Bennington Unit. Custodian of the proceeds of the sale pending confirmation shall be Webber, Chapman & Kupferer, Ltd. OTHER TERMS to be announced at the sale. DATED at the City of Rutland, County of Rutland and State of Vermont, this 21st day of December, 2018. WEBBER, CHAPMAN & KUPFERER, LTD. By: /S/ GARY R. KUPFERER Gary R. Kupferer, Esquire Attorney for the Plaintiff 25 Washington Street Rutland, Vermont 05701 802-773-9109 01/03/19, 01/10/19, 01/17/19
Classifieds
January 5th, 2019
LEGAL NOTICE The resolution, a summary of which is published herewith, has been adopted on the 13th day of September, 2018, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Cambridge Central School District is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the constitution. A complete copy of the bond resolution summarized herewith is available for public inspection during regular business hours at the Office of the District Clerk of the Cambridge Central School District for a period of twenty days from the date of publication of this Notice. District Clerk BOND RESOLUTION DATED SEPTEMBER 13, 2018 OF THE BOARD OF EDUCATION OF THE CAMBRIDGE CENTRAL SCHOOL DISTRICT AUTHORIZING NOT TO EXCEED $9,934,674 AGGREGATE PRINCIPAL AMOUNT OF SERIAL GENERAL OBLIGATION BONDS TO FINANCE THE RECONSTRUCTION, IMPROVEMENT AND ALTERATION OF THE DISTRICT'S K-12 BUILDING AT AN ESTIMATED AGGREGATE MAXIMUM COST OF $9,934,674, LEVY OF TAX IN ANNUAL INSTALLMENTS IN PAYMENT THEREOF, THE EXPENDITURE OF SUCH SUM FOR SUCH PURPOSE, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH. A complete copy of the bond resolution summarized herewith is available for public inspection during regular business hours at the Office of the Clerk of the District for a period of twenty days from the date of publication of this Notice. Class of objects or purposes: the reconstruction, improvement and alteration of the District's K-12 School building, including site work, and the acquisition of original furnishings, equipment, or apparatus required for the purpose for which such building is to be used Maximum Estimated Cost: $9,934,674 Period of probable usefulness: Thirty (30) years Amount of obligations to be issued: $9,934,674 01/05/19
Classifieds
January 4th, 2019
STATE OF VERMONT VERMONT SUPERIOR COURT BENNINGTON UNIT CIVIL DIVISION DOCKET NO: 64-2-18 BNCV DITECH FINANCIAL LLC v. ANDREW H. MONTROLL, ADMINISTRATOR OF THE ESTATE OF KATHLEEN PAWSON A/K/A KATHLEEN E. PAWSON OCCUPANTS OF: 25 East 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 Judgment Order and Decree of Foreclosure entered October 23, 2018 in the above captioned action brought to foreclose that certain mortgage given by Kathleen Pawson a/k/a Kathleen E. Pawson to Mortgage Electronic Registration Systems, Inc., as nominee for PHH Mortgage Corp (fka Cendant Mortgage Corp.), dated May 16, 2006 and recorded in Book 432 Page 115 of the land records of the Town of Bennington, of which mortgage the Plaintiff is the present holder, by virtue of 1) an Assignment of Mortgage from Mortgage Electronic Registration Systems, Inc., as nominee for PHH Mortgage Corp (fka Cendant Mortgage Corp.) to CitiMortgage, Inc. dated October 1, 2013 and recorded in Book 496 Page 157 and 2) Assignment of Mortgage from CitiMortgage, Inc. to Green Tree Servicing, LLC dated April 10, 2014 and recorded in Book 499 Page 213, and 3) by virtue of Certificate of Merger dated August 4, 2015 whereby Green Tree Servicing, LLC merged with and into Ditech Financial LLC, all 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 sold at Public Auction at 25 East Street, Bennington, Vermont on January 18, 2019 at 12:00 PM all and singular the premises described in said mortgage, To wit: Being the sane lands and premises as were conveyed to Kathleen E. Pawson by Warranty Deed of Nicholas C. DeCicco dated October 8, 2002 and recorded October 8, 2002 in Book 387 at Page 42 of the Bennington, Vermont Land Records and therein described as follows: "Being the same lands and premises as were conveyed to Nicholas C. DeCicco and Rita E. DeCicco (now deceased) by Warranty Deed of Peter N. Coderre and Jeanne E. Coderre dated and recorded May 5, 1988 in Book 0-271 at Page 236 of the Bennington, Vermont Land Records and therein described as follows: "Being all and the same lands and premises conveyed to these Granters by Warranty Deed of Denick, Inc. recorded August 10, 1984 in Book 0-248, Page 4 of the Town of Bennington Land Records and described in "Exhibit A" attached hereto and made a part hereof. "Being the same lands and premises conveyed by the Grantor by William H. Morse dated May 30, 1984 and recorded in the Bennington Land Records and therein described as follows; ''Lot No. 32 situated on the easterly side of East Street as shown on a plan entitled Map of Holt Spring Development - Stage V, dated March, 1980 and surveyed by Daniel G. Cadiz, P.E., which plan is recorded in the Bennington Town Clerk's office in Book 4, Page 41 of Maps, Sheet 2 of 4, reference to which is hereby made for a further and more particular description of the conveyed premises. Together with the Grantor's right, title and interest in and to East Street as shown on said plan as far as the center line thereof where said East Street fronts upon said Lot No. 32; Subject, nevertheless, to the rights of others to use said East Street as a highway and for the installation of utilities until the same is accepted by the Town of Bennington as a public highway. There is hereby excepted and reserved to the Grantor, his heirs and assigns, the right to convey an easement in East Street to the Town for the purpose aforesaid. Also hereby conveying to this Grantee the right to use to streets shown on said map in common with other members of the public. "Pursuant to a plan for the establishment and development of an attractive residential area which has been subdivided into building lots as shown by the map herein referred to, the above described property is conveyed subject to the restrictions as set forth in Book 0-227 at Page 102 of the Bennington Land Records which affect all lots in the Holt Spring Development - Stage V. The Grantee, by the acceptance of this deed agrees for itself, its successors and assigns, to be bound thereby. "The land hereby conveyed is part of a tract of land which has been divided into lots as shown on the plan entitled Map of Holt Spring Development - Stage V above referred to, and the covenants and restrictions contained herein are for the purpose of establishing and maintaining said tract as a residential district only and maintain the high quality and good appearance of homes in said district. "Said lot is also subject to the rights, of any public utility to service the within conveyed premises or areas adjacent thereto. "Said premises are conveyed subject to any applicable zoning ordinance of the Town of Bennington or State regulation. "Lot No. 32 above described is a part of the parcel of land conveyed by Roger P. Rowe and Pauline D. Rowe, husband and wife, to William H. Morse by Warranty Deed dated May 10, 1968 and recorded in Book 0-182, Page 158 of the Bennington Land Records." 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: December 18, 2018 By: /s/ Loraine L. Hite Loraine L. Hite, Esq. Bendett and McHugh, PC 270 Farmington Ave., Ste. 151 Farmington, CT 06032 12/21/18, 12/28/18, 01/04/19
TOWN OF ARLINGTON ZONING BOARD OF ADJUSTMENT PO BOX 268 ARLINGTON, VT 05250 W A R N I N G ALL INTERESTED PARTIES ARE HEREBY WARNED OF A PUBLIC HEARING BEFORE THE ARLINGTON ZONING BOARD OF ADJUSTMENT ON WEDNESDAY, JANUARY 23, 2019 AT 7 PM IN THE ARLINGTON TOWN HALL REGARDING: A ZONING PERMIT APPLICATION FOR AN ACCESSORY BUILDING (STORAGE BUILDING) ON 2487 VT RTE 313 WEST IN THE RURAL DISTRICT BY TERRY MOFFITT. BECAUSE THE ACCESSORY BUILDING WILL NOT MEET REQUIRED SETBACK REQUIREMENTS, A VARIANCE WILL BE REQUIRED. THIS HEARING IS WARNED IN ACCORDANCE WITH SECTION 4464 OF THE VERMONT PLANNING AND DEVELOPMENT ACT (24 V.S.A., CHAPTER 117). PLEASE BE ADVISED THAT PARTICIPATION IN THIS PROCEEDING IS A PREREQUISITE TO THE RIGHT TO TAKE ANY SUBSEQUENT APPEAL. ADDITIONAL INFORMATION MAY BE OBTAINED FROM THE LAND USE ADMINISTRATOR AT (802) 375-1008 OR ARLLAND@COMCAST.NET TODD GAMBLE, CHAIRMAN ARLINGTON ZONING BOARD OF ADJUSTMENT DATED: JANUARY 2, 2019 COPIES TO ADJACENT LANDOWNERS 01/04/19
Classifieds
January 3rd, 2019
TOWN OF SHAFTSBURY PUBLIC HEARING Friday January 18, 2019, 5:30 p.m. Cole Hall, 61 Buck Hill Road The Town of Shaftsbury Select Board will hold a meeting, Friday January 18, 2019 at 5:30 p.m. in the Shaftsbury Town Hall at 61 Buck Hill Road in Shaftsbury, VT to review the following proposed amendments to the Town's Zoning Bylaws and Land Use Regulations. The Planning Commission proposes that two new uses, "rooming house" and "short term rental," be added to the bylaw to a) address the need for workforce housing and to b) encourage economic activity in the community, to wit: To create a "rooming house" lodging option to offer single room rentals, lacking full housekeeping facilities, and not catering to the traveling public. They may be situated only within existing lodging facilities constructed prior to the year 2000 and fronting on Route 7A. If the facility includes ten or more units, an on-site manager must live on the premises. The proposed bylaw requires that a communal kitchen and recreational area be provided. "Rooming houses" are to be considered conditional uses. To allow property owners in all zoning districts except Forest and Recreation to practice a home occupation consisting of offering for "short term rental" a furnished home or other dwelling room or unit to the transient public for a period of fewer than thirty consecutive days and for more than fourteen days per calendar year. Newly constructed short term rentals shall observe a two hundred foot setback from all property lines and other short term rental units. Two structures are allowed per parcel provided other requirements are met. Recreational vehicles shall not be used for short term rentals. "Short term rentals" as a home occupation are to be considered permitted uses requiring site plan approval. The Planning Commission also proposes: To delete in its entirety 0.4, Table of Uses, from the bylaw to address conflicts between the Table and the language of the bylaw itself. Discussion As regards 24 VSA Section 4441: Motel to Housing Conversions This bylaw concerns a trend that we see in many parts of Vermont where failing motels are converted to rental housing. These conversions do not fit the definition of hotel/motel because they do not cater to the traveling public. Neither do they fit the definition of multifamily housing because the units lack kitchen facilities. 1) The Town Plan lists ten goals. Section 2.6 (the 6th goal) states "Promote opportunities for affordable housing. The Town should seek innovative ways of providing a wide range of housing opportunities." Presently only property fits the criteria of this bylaw. The property functions partly as housing for the owner's workforce. 2) Motel properties which are potential candidates for conversion to housing are located in the Roadside Commercial District. The Zoning Bylaws already contain a section relating to the redevelopment of motel properties (Section 7.2.4 a) which this proposed bylaw is an expansion of. The Town Plan states in Section 6.5.2 "commercial businesses in appropriate areas should be encouraged." Short Term Rentals The Planning Commission views this bylaw as an attempt to foster grassroots economic development whereby property owners could have a new source of income from their land. Internet bookings of tourist rentals is already widespread in Shaftsbury. The intent here is to allow property owners in all zoning districts except Forest and Recreation to practice a home occupation consisting of offering for "short term rental" a furnished home or other dwelling room or unit to the transient public for a period of fewer than thirty consecutive days and for more than fourteen days per calendar year. 1) The Town Plan does not address this situation except in the most general language. Section 2.2 states "We should encourage our existing businesses and strive to create an atmosphere for bringing new businesses to Town." Home occupations represent the smallest form of small businesses. 2) The bylaw does not change densities of zoning districts because no permanent residences are created. Removal of 0.4, Table of Uses From time to time, applicants for conditional use permits and the members of the Development Review Board reviewing them have been confused by seemingly conflicting guidance in 0.4 Table of Uses as compared to the bylaw text. As the language of the bylaw has primacy over the Table (which was meant to be only an aid to the reader), the Town proposes to delete from the bylaw document item 0.4, Table of Uses, in its entirety. Additional information can be obtained by contacting the Zoning Administrator. Shelly Stiles, Zoning Administrator Shaftsbury Town Offices 61 Buck Hill Rd, PO Box 409 Shaftsbury, VT 05262 Phone: 802-442-4038 x 105 01/03/19
STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION Bennington Unit Docket No. 169-6-17 Bncv VERMONT HOUSING FINANCE AGENCY, Plaintiff, vs. JACOB A. SMITH, PATRICIA M. STRATTON, TD BANKNORTH, NA (n/k/a TD BANK, N.A.) and OCCUPANTS AT 181 CHURCH STREET, SHAFTSBURY, VT Defendants. NOTICE OF SALE By virtue of the order for public sale contained in the Judgment and Decree of Foreclosure by Judicial Sale issued by this Court in favor of the Plaintiff, Vermont Housing Finance Agency, dated February 22, 2018, the lands and premises which are the subject of this foreclosure action will be sold at Public Auction at 11:00 a.m. on the 30th day of January, 2019, at 181 Church Street in the Town of Shaftsbury, County of Bennington and State of Vermont. The sale shall be conducted by a sheriff or any licensed auctioneer. The property to be sold is all and singular the premises as described in the subject Mortgage Deed from Jacob A. Smith and Patricia M. Stratton to Banknorth, NA, dated January 16, 2004 and recorded in the Town of Shaftsbury Land Records in Book 120, at Page 699. Said mortgage was assigned to Vermont Housing Finance Agency by Banknorth, NA, by Assignment dated August 12, 2011 and recorded in the Town of Shaftsbury Land Records in Book 142, Page 47. Vermont Housing Finance Agency then assigned the mortgage to U.S. Bank, N.A. by Assignment dated June 17, 2009 and recorded August 31, 2009 in Book 137 at Page 284 of the Town of Shaftsbury Land Records. U.S. Bank, N.A. then assigned the mortgage to Vermont Housing Finance Agency by Assignment dated August 12, 2011 and recorded August 22, 2011 in Book 142 at Page 47 of the Town of Shaftsbury Land Records. The lands and premises are more particularly described as follows: Being all and the same lands and premises conveyed by Warranty Deed from Richmond Galusha and Sylvia Mae Galusha to Patricia Mae Stratton and Jacob Allen Smith, joint tenants with right of survivorship, dated January 16, 2004 and recorded in Book 120, Page 696 of the Town of Shaftsbury Land Records. The lands and premises are more particularly described as follows: Being all and the same lands and premises conveyed to Richmond Galusha and Zylpha Mae n/k/a Sylvia Mae Galusha, by Quitclaim Deed of Richmond Galusha and Zylpha Mae n/k/a Sylvia Mae Galusha, dated February 9, 1998 and recorded February 11, 1998, in Book 94, at page 414 of the Shaftsbury, Vermont Land Records and being therein described as follows: Being a portion of the same lands and premises conveyed to Richmond Galusha and Zylpha Mae Galusha, now known as, Sylvia Mae Galusha, by Harold J. Gilbar, Jr., Trustee, by Quit Claim Deed dated December 8, 1978 and recorded December 20, 1978 in Book 60, Pages 95 and 96 of the Shaftsbury Land Records and more particularly described as follows: ALL that certain parcel of land lying in the Town of Shaftsbury, County of Bennington, State of Vermont being more fully bounded and described as follows: BEGINNING at an iron rod set on the south side of Church Street at the northwest corner of lands now or formerly of Temple (Book 51, Page 315); running thence (1) Along lands of the before mentioned Temple SOUTH 05 30' 00" WEST 88.00 feet to an iron rod set, thence over and through lands of the grantor the following two courses, namely: (2) NORTH 85 45' 10" WEST 80.00 feet to an iron rod set, thence (3) SOUTH 86 08' 20" WEST 117.87 feet to an iron rod set, thence (4) Along lands now or formerly of Paquin (Book 83, page 121) NORTH 08 13' 00" EAST 100.00 feet to an iron rod set, thence EAST 191.76 feet to the point of beginning. CONTAINING 0.402 more or less acres. SUBJECT TO State of Vermont Homestead Exemption Permit HE-8-0378. Being the same lands and premises designated as Lot 1 shown on a survey map prepared by D.T. Mance and Associates, Inc., dated December 2, 1997 and recorded February 9, 1998 in Pocket No. 158B of the Shaftsbury, Vermont Land Records. The Defendant Mortgagor shall be entitled to redeem the premises at any time prior to the sale by paying the full amount due under the Mortgage, together with the costs and expenses of sale. TERMS OF SALE The above-described property foreclosed by the Judgment and Decree of Foreclosure by Judicial Sale issued in this matter shall be sold to the highest bidder in "AS IS" condition and subject to all outstanding municipal assessments. The property shall be sold as a whole and not in parcels. The terms of the sale shall be cash, certified bank draft or official bank (treasurer's) check for the full amount of the purchase price. In the alternative, bidders may provide a Ten Thousand Dollar ($10,000.00) down payment (by cash, certified bank draft or official bank (treasurer's check) with written evidence of bank financing acceptable to Plaintiff in its sole discretion, with closing to take place not later than ten (10) days from the date of confirmation of the sale by the Court. In the event that the high bidder fails to close for any reason, the Ten Thousand Dollar ($10,000.00) down payment shall be forfeited to the Plaintiff, in which case Plaintiff in its sole discretion may then either proceed to re-auction at a second judicial sale or seek to amend the Confirmation Order to approve a sale to the second highest bidder. The high bidder may also be required to sign a Purchase and Sale Agreement. The sale shall further be subject to confirmation by this Court at a hearing to be held at the Vermont Superior Court, Bennington Unit. Custodian of the proceeds of the sale pending confirmation shall be Webber, Chapman & Kupferer, Ltd. OTHER TERMS to be announced at the sale. DATED at the City of Rutland, County of Rutland and State of Vermont, this 21st day of December, 2018. WEBBER, CHAPMAN & KUPFERER, LTD. By: /S/ GARY R. KUPFERER Gary R. Kupferer, Esquire Attorney for the Plaintiff 25 Washington Street Rutland, Vermont 05701 802-773-9109 01/03/19, 01/10/19, 01/17/19
Classifieds
January 1st, 2019
HEARING NOTICE Development Review Board Wednesday, January 9, 2019 The Manchester Development Review Board will hold a regular meeting on Wednesday, January 9, 2019, at 7:30 P.M. at the Manchester Town Hall. The following applications will be considered at the regular meeting: McDonald's USA, LLC, 188 Depot Street, Site and design plan changes including new drive-thru menu boards and ADA compliance improvements. Kitchens of Vermont, 1011 Depot Street, Request for waiver to allow larger freestanding sign. Participation in a local proceeding is required by statute before a decision may be appealed to the Vermont Environmental Court. The complete files for these applications are available for inspection during normal business hours in the Manchester Planning and Zoning Office, 40 Jeff Williams Way, Manchester Center, VT 05255. 01/01/19
Classifieds
December 31st, 2018
LEGAL NOTICE Bennington Fire District #1 DBA Bennington Rural Fire Department January 28, 2019 Legally registered voters of the Bennington Fire District #1 are herby notified and warned to meet at the Willow Road Fire House at 7:00 PM to transact the following business: Article 1: To see if the District will elect a Moderator, Chief, 1st Assistant Chief, 2nd Assistant Chief in accordance with district bylaws until the next annual meeting or until their successors are duly elected or appointed. Article 2: To elect all District Officers as required by law, namely the Treasurer, Clerk, and Three Year Prudential Board Member. These Officers are to serve until the next annual meeting of Fire District or until their successors are duly elected or appointed. Article 3: To vote for a one year Prudential Board Member. Article 4: To vote for a second one year Prudential Board Member. Article 5: To see if the District will hold its annual meeting on the fourth Monday of January next year, the date being January 27, 2020. Article 6: To see what the compensation shall be paid to the District's Offices for the coming year. Article 7: To see if the District will accept the budget of $435,010. Article 8: To see if the District will authorize the Prudential Committee to borrow money if necessary. Article 9: To see if the District will authorize Prudential Committee to transact any other business found necessary when met. Article 10: To see if the District will approve the starting of a sinking fund for air packs for $30,000. Jessica White, Clerk Bennington Fire District #1 12/27/18, 12/31/18, 01/15/19, 01/28/19
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