Page 32 THE EVERETT ADVOCATE – FRiDAy, NOVEmbER 3, 2023 CITY OF EVERETT - LEGAL NOTICE - BOARD OF APPEALS 484 BROADWAY, ROOM 24 EVERETT, MASSACHUSETTS 02149 TO WHOM IT MAY CONCERN: This notice is to inform you that a public hearing will be held on Monday November 20, 2023 at 6:00 PM, Everett City Hall, 3rd Floor George Keverian Hearing Room. All interested parties may attend and opinions will be heard regarding the following petition. Property Address: Map/Parcel: 66-68 Tileston St. G0-01-000074 Person Requesting: Roland D. Hughes (Unit 1) 66 Tileston St. Sheila T. Profenna Trust (Unit 2) 68 Tileston St. Everett, MA 02149 PROPOSAL: Raze existing duplex and construct a four-story building containing nine (9) residential condominiums on the upper three floors and fifteen parking spaces on the ground level six (6) parking spaces will be below grade under the building and nine (9) parking spaces will be located at surface level behind the building. Reason for Denial: Section 4.A: Multi-family dwellings are not permitted in a Dwelling District. Section 4.B.2.c: Proposed FAR is 1.03 where .5 is allowed. Section 17.A.2: Fifteen (15) parking spots are proposed where eighteen (18) is required. As an alternative to obtaining a variance, the applicant may choose to participate in the Transportation Demand Management pro under Section 35. BOARD OF APPEALS FOR THE CITY OF EVERETT, MASSACHUSETTS Mary Gerace - Chairman Roberta Suppa - Clerk of Board of Appeals November 03, 10, 2023 Special Needs Trusts S pecial needs trusts are often referred to as supplemental needs trusts. The name used isn’t so much important as are the terms of these trusts. A special needs trust funded with assets of a disabled individual as a result of an inheritance or judgment in a lawsuit is often referred to as a sole benefit trust. Assets in such a trust must be utilized for the sole benefit of the special needs individual. The special needs individual can now be the Settlor of his or her own sole benefittrust. It is no longer a requirement for such a trust to be created by a parent, legal guardian or probate court. These are what we call first party trusts as the trusts are created by the special needs individual with his or her own assets. The first party trust must ~ Legal Notice ~ ~ Legal Notice ~ PUBLIC HEARING FOR PETITION FROM BOSTON GAS COMPANY D/B/A NATIONAL GRID, WALTHAM, MASSACHUSETTS To all parties interested in the public hearing. Be it hereby ordered: Boston Gas Company d/b/a National Grid, Waltham, Massachusetts hereby respectfully requests consent to the locations of mains as hereinafter described for the transmission and distribution of gas in and under the following public streets, lanes, highways and places of the City of Everett and of the pipes, valves, governors, manholes and other structures, fixtures and appurtenances designed or intended to protect or operate said mains and accomplish the objects of said Company; and the digging up and opening the ground to lay or place same The following are the streets and highways referred to: Work Order # 1542549 Boston St to Revere Beach Parkway - National Grid - To install approximately 400 feet of 8-inch, plastic gas main Boston Street between Revere Beach Parkway and Vale Street in accordance with the attached plans. Wherefore it prays that after due notice and hearing as provided by law, it be granted permission to excavate the public highways and to run and maintain underground gas main and conduits, together with such sustaining and protecting fixtures as it may find necessary for the transmission of gas, said underground conduits to be located substantially in accordance with the plan filed herewith marked: Boston Street to Revere Beach Parkway - Everett - Massachusetts. Hearing to be held with the Everett City Council, held on Monday at 7:00PM, on the 13th of November, 2023 at the Everett City Council Chambers, 3rd Floor, Everett City Hall. November 03, 2023 LIKE US ON FACEBOOK ADVOCATE NEWSPAPER FACEBOOK.COM/ADVOCATE.NEWS.MA contain a payback provision to MassHealth upon the death of the special needs individual if, for example, her or she was receiving MassHealth benefits. If there is money left over after MassHealth is paid back, the remaining monies can be distributed to family members pursuant to the terms of said trust. A third party trust, on the other hand, is created by a parent, for example, with the parent’s own assets. A third party trust is less restrictive than a first party trust and there is no payback provision to MassHealth upon the death of the special needs child. Any monies remaining will be distributed to the remainder beneficiaries pursuant to the terms of the trust. If a parent was transferring assets to a special needs trust in order to qualify for MassHealth long-term care by reducing countable assets to $2,000 or less, MassHealth will require the Trust to contain a payback provision in order that MassHealth gets paid back for all of the expenditures it made for the parent’s long-term care expenses. Any monies remaining in the trust upon the parent’s death would then be available to provide for the special needs child’s care. Also, keep in mind all of these special needs trusts are designed to supplement the special needs child’s care, but not to supplant any governmental benefits being received by the child. A trustee needs to be very careful when administering a first party special needs trust. If expenditures are not made consistent with the law, the special needs child could either have public benefits reduced or lost altogether. There is more flexibility when administering a third party special needs trust in terms of expenses paid for. A trustee should keep very accurate records of trust receipts and disbursements and should be transparent with the special needs child and family members that may be involved in the child’s care. Investments should be prudent and disbursements should always take into account the child’s live expectancy, standard of living, etc. The trustee, if at all possible, would like to make sure that the special needs child does not outlive the funds in the trust. Taking on the role of a trustee in these situations needs to be taken seriously. Money can never be spent willy nilly. Joseph D. Cataldo is an estate planning/elder law attorney, Certified Public Accountant, Certified Financial Planner, AICPA Personal Financial Specialist and holds a masters degree in taxation.
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