Classifieds

One large commercial unit available for rent, 400 Route 100, Wilmington. Can be used as office space or workspace. There are two bathrooms, one is handicap accessible. Monthly rent is $1,200. Contact (802) 464-3843 or dmfurlon@gmail.com.  12/5

Taking applications for full-and part-time gas station attendant position. Excellent benefits. Week-day afternoon/evening shift, weekends required. Good pay. Apply in person at Nido’s Citgo, 7 West Main Street, Wilmington.   12/5

RSI Response is looking for carpet cleaning technicians, carpenters, housekeepers, office help, and general laborers.  Applicants can inquire by phone or email at (802) 464-8385 or rsifloors@gmail.com. CB

Local CPA firm seeking accounting help. Please send resume to taxes@sover.net or by mail to: McCluskey and Co., P.C., PO Box 188, West Dover, Vermont 05356. No phone calls please. 1/30

Responsible person for housekeeping position wanted immediately.  Able to work Saturdays, possibly other days up to 30 hours a week and to fill in for employees on vacation. Must have some experience, reliable, good pay. Please call (802) 464-2344 or stop by Crafts Inn, 10 West Main Street, Wilmington, to fill out application and arrange for an interview. CB

The Deerfield Valley News is looking for a regional sales representative to complete our sales team.  If you are outgoing, self-motivated and have good communication skills we may have a full-time or part-time position for you!  As a member of our sales team you will earn a good base hourly rate and enjoy commission on every product you sell.  Earning potential is 30K-40K or more for full time.   The work schedule is Monday through Friday daytime hours, with paid holiday, vacation, and sick time, and the use of company vehicles.   Schedule can be flexible.  A valid driver’s license and good basic math skills are requirements.  We offer a fun work environment with a strong support team to help you be successful.  If you are interested please submit your resume to sales@vermontmedia.com.  CE

The Deerfield Valley News is searching for a staff reporter.  Interested in small-town life? Want to know more about community journalism?  This is the perfect entry-level position for a motivated individual.  Good writing skills required, flexible hours, and pay commensurate with experience. Send an email expressing interest along with a resume to publisher@vermontmedia.com.      CE

STATE OF VERMONT
SUPERIOR COURT
Windham Unit
PROBATE DIVISION
Docket No.:24-PR-06947
In re ESTATE of :
Andrea McAuslan

NOTICE TO CREDITORS
To the Creditors of:
Andrea McAuslan, Decedent late of Marlboro, VT.

I have been appointed to administer this estate. All creditors having claims against the decedent or the estate must present their claims in writing within four (4) months of the first publication of this notice.
The claim must be presented to me at the address listed below with a copy sent to the Court. The claim may be barred forever if it is not presented within the four (4) month period.
Dated: 11/14/2024
Signature of Administrator
Ally McAuslan
Executor/Administrator:
Ally McAuslan

Mailing Address: 12 Green Field Way Unit 101
Milton, VT 05468
Phone Number: 802-922-2607
Email: allymca22@gmail.com
Name of Publication: The Deerfield Valley News
Publication Date: November 21, 2024
Name of Probate Court: Vermont Superior Court, Windham Probate
Address of Probate Court: 30 Putney Rd 2nd Floor Brattleboro, VT 05301
12/5

STATE OF VERMONT
SUPERIOR COURT         CIVIL DIVISION

Windham Unit            Docket No. 262-7-18 Wmcv

PATCH OF LAND LENDING LLC,
Plaintiff
v.
FRANK J. COTRONA JR., LIZANDRA, LLC, et al,
Defendants

NOTICE OF FORECLOSURE SALE
REGARDING POWDERHORN, WILMINGTON, VT
[Remaining Development Rights]

By virtue and in execution of the Power of Sale contained in a certain Mortgage Deed given by Lizandra, LLC (Mortgagor) to Patch of Land Lending LLC  (Lender), dated October 27, 2016 and recorded in Book 329 at Page 465 in the Town of Wilmington Land Records (Mortgage), for breach of the conditions of said Mortgage and for the purpose of foreclosing the remaining development rights for the Powderhorn condominium development project will be sold at Public Auction at 11:00 AM on December 30, 2024, with the location of the sale to be at end of Powderhorn Lane,  Wilmington, Vermont.

The public sale is of the remaining development rights for the Powderhorn condominium development project, Wilmington, VT, that are the subject of the Mortgage. This is not the sale of a fee interest in land.

Remaining development rights were obtained by the mortgagor Lizandra, LLC (Lizandra) by quitclaim deed of the Town of Wilmington, dated November 2, 2015 and recorded in Volume 322, Page 58 of the Town of Wilmington land records.

State Land Use (i.e. Act 250) Permit #700002 with amendments applies to the Powderhorn condominium development project.

The Declaration of Condominium for Powderhorn calls for 65 units and the original Act 250 application requested approval for 10 buildings/65 units. The status of those looks to be, but must be verified by an interested bidder:

26 units built prior and already owned by other parties
8 units built by Lizandra
27 units unbuilt (development rights owned by Lizandra) – but there is no guarantee all or any of these units could be built
4 units unbuilt (development rights reserved to another party)

Buildings 4, 5, 6, and 9 of the Powderhorn condominium development project, were built in the 1980s by a prior developer before Lizandra was involved.  These four buildings contain the 26 units that are listed in the Schedule A of the Mortgage as being already built and being excepted out from what Lizandra was deeded.

Buildings 7 and 8 contain the 8 units built by Lizandra.  Lizandra obtained LUP #700002-9E (issued to Lizandra and Powderhorn Village COA) for Building 7. Lizandra obtained LUP #700002-9E-1 (issued to Lizandra and Powderhorn Village COA) for Building 8 and Building 10.  Building 10 was never built.  That permit has since expired. Any new owner would need to obtain a new permit or permit amendment to build.

Buildings 1, 2, and 3 have never been built and have never been approved by Act 250.

Act 250’s approval of what it calls units does not control how many units were constructed as defined by the Declaration.

The Wilmington zoning office reports that the remaining lands were part of an approved Planned Unit Development (PUD) and the PUD approval does not expire. Other permitting for development obtained by Lizandra has expired. Reportedly, a new owner can continue with the project as it was approved but will need to obtain appropriate permits including, without limitation, building permits and any required Act 250 approvals/local and state permits before any further development/construction work can begin.  For questions and verification of this information, please contact the Wilmington zoning office at 802-464-8591 ext. 124. For information and questions about Act 250 permitting, please contact Stephanie Gile, the Act 250 Coordinator for District 2 (Windham County), at 802-261-1943.

The June 1, 1988 Powderhorn Declaration of Condominium was recorded June 3, 1988 on Book 119, Page 1 of the Town of Wilmington Land Records, and amendments recorded in Book 125, Page 61 and Book 334, Page 102 of the Town of Wilmington Land Records. Reference is made to the terms and conditions as set forth in the Declaration of Covenants, Conditions and Restrictions for Haystack recorded in Book 95, Pages 325-353 of the Wilmington Land Records and at Book 60, Page 259 of the Dover Land Records; and the By- Laws of the Association of Haystack Property Owners, Inc. dated March 16, 1984 and recorded in Book 95, Pages 313-324 of the Wilmington Land Records and at Book 60, Page 288 of the Dover Land Records. The above may not be all inclusive.

Interested parties should review documents and contact the town’s zoning office, Cold Brook Fire District and the Natural Resources Board representatives and other professionals as they deem appropriate, and review the land records, to determine what additional development can be performed and permitting requirements.

It is up to each bidder to perform whatever due diligence it deems sufficient with respect to the remaining development rights prior to the public sale.  

The remaining development rights shall be sold subject to the condominium declarations applicable to the Powderhorn development, as amended, applicable governmental approvals, and Cold Brook Fire District assessments.

The public sale of the remaining development rights will be “AS IS, WHERE IS, WITH ALL FAULTS” (known or unknown), with no representations or warranties of any kind whatsoever, with the purchaser taking all defects and risks associated with or connected to the remaining development rights being sold, and all liens of record, restrictions, easements, improvements, covenants, tenancies, rights, encumbrances, and matters of any kind and every nature which may take precedence over the lien of the mortgage being foreclosed.

The high bidder is responsible for the payment of the taxes due to the Town of Wilmington and municipal assessments, any fire district taxes, any condominium assessments that would take priority over the mortgage (delinquent and current, with all penalties and interest) as of the date of closing on the sale of the remaining development rights after confirmation of the sale by the Vermont Superior Court.  

In order to qualify to bid at the public sale, at the time of sale, interested persons, other than from the mortgagee, must present to the auctioneer a deposit of $10,000.00 in the form of cash, a bank treasurer’s check, or certified funds, with the deposit to be increased to 10% of the sale price within 5 days of the public sale, if the deposit does not at least equal 10% of the sale price.  

The deposit is subject to forfeiture.   The mortgagee has the right to credit bid at the sale without producing any deposit.  The remaining balance of the purchase price shall be paid in good funds at closing, to occur within thirty (30) days of the public sale or fourteen (14) days of Court Confirmation of the Sale by the Vermont Superior Court, Windham Unit, Civil Division, whichever is later. The sale is subject to confirmation by the Vermont Superior Court, Windham Unit, Civil Division.  The successful bidder, other than the mortgagee, will have to sign a purchase and sale agreement at the conclusion of the public sale. If the Plaintiff makes the highest bid, Plaintiff shall be required to pay cash or certified funds only to the extent that its bid is in excess of the sum due it by the Defendant Mortgagor up to the date of sale under the Judgment and Decree and the costs and expenses of the sale.  

The person holding the public sale may, for good cause, adjourn the sale one or more times for a total time not exceeding 30 days, by announcement of the new sale date to those present at each adjournment or by posting notice of the adjournment in a conspicuous place at the location of the sale.

The mortgagor is entitled to redeem the remaining development rights at any time prior to the sale by paying the full amount due mortgagee plaintiff, including all costs and expenses of sale.

Other terms to be announced at the time of the sale. Inquiries to auctioneer or mortgagee’s counsel.

Sale to be conducted by Vermont licensed auctioneer.  

By: /s/ Elizabeth A. Glynn, Esq.    Dated: November 20, 2024
Elizabeth A. Glynn, Esq.
Ryan Smith & Carbine, Ltd.
PO Box 310
Rutland, VT 05702
(802) 786-1065
Attorney for Mortgagee/Plaintiff
12/19