Home Posts tagged Real Estate (Page 19)

Incorporations

By
Departments Incorporations

The following business incorporations were recorded in Hampden, Hampshire, and Franklin counties and are the latest available. They are listed by community.

ADAMS

Midtown Tax & Bookkeeping Co. Inc., 44 Spring St., Adams, MA 01220. Joann C. Gagne, One Berkshire Square, Adams, MA 01220. Tax preparation and accounting services.

AMHERST

Left-Click Corporation, 15 Cowles Lane, Amherst , MA 01002. Kelly S. Albrecht, same. Computer sales and service.

CHICOPEE

JSAA Inc., 161 Ward St., Chicopee, MA 01013. William J. Stetson, 10 Riverview Terrace, Chicopee, MA 01013. Restaurant.

EAST LONGMEADOW

Medical Access International Inc., 24 Crestview Road, East Longmeadow, MA 01028. Douglas A. Cowieson, same. Facilitate communication and insurance claim coverage

EASTHAMPTON

Mockingbird Farm Company, 15 Torrey St., Easthampton, MA 01027. Peter Stanley Solis, 11 Birch Hill Road, Agawam, MA 01001. Operating farm.

FEEDING HILLS

Mibase Inc., 26 Yale Avenue, Feeding Hills MA, 01003. Todd M. Crevier, same. Real Estate and Sales Development.

HAMPDEN

N&G Inc., 89 Woodland Dr., Hampden, MA 01036. Lewis G. Caputo Jr., same. Retail sales of food arrangements.

LONGMEADOW

Marblehead Appliance Service Inc., 45 Oxford Road, Longmeadow, MA 01106. Steven M. Seay. Appliance repair and service.

LUDLOW

K&L Fall Services Inc., 264 Moody St., Ludlow, MA 01056. Kevin J. Fall, 23 Main St., Wilbraham, MA 01095. Commercial and residential cleaning services.

  

Korean War Veterans Association of Western Mass. Chapter 187 (2000) Inc., Alexander Natario, 8 Wedgwood Dr., Ludlow, MA 01056-1852. This corporation provides charitable, historical, patriotic and educational objectives to preserve and strengthen camaraderie among members.

Ledeoux Investment & Retirement Solutions Inc., 84 Chapin Greene Dr., Ludlow, MA 01056. Rene G. Ledoux, same.

M & A Fresh Produce Inc., 4 White St., Ludlow, MA 01056. Nil Atmaca, 591 Moore St., Ludlow, MA 01056. Produce sales.

Mr. Home Inc., 74 Cislak Dr., Ludlow, MA 01056. William G. Sweeney, same. Home repair and handyman services.

WEST SPRINGFIELD

Kwik Trans Inc., 67 Bliss St., West Springfield, MA 01089. Valiantsin Zhmaidziak, same. Transportation services.

SOUTH HADLEY

Margala Tech Inc., 23 Pheasant Run, South Hadley, MA 01075. M. Zubair Kareem, same. Computer software related services and development.

SPRINGFIELD

Law Offices of Ronda G. Parish, P.C., 1350 Main St., Suite 1010 Springfield, MA 01103. Ronda Parish, P.C., same. Law office.

SOUTH DEERFIELD

LTS Tools Inc., 40 Conway St., South Deerfield, MA 01373. Francis J. Naida, 38 Pleasant St., South Deerfield, MA 01373. Retail tool sales.

MBA Transportation Inc., 20 Industrial Dr., West, South Deerfield, MA 01373. Jill Goulet, same. Bulk transportation services.

WESTFIELD

Mercantile Engineers American Inc., 1277 Southampton Road, Westfield, MA 01085. George Mathew Changathara, same.

Long-term Care Insurance

By
Uncategorized
How to Protect Your Nest Egg and Provide for Your Care

Americans are largely independent folks who could not imagine a future where their independence is compromised because they require long-term care as a result of prolonged illness or disability. Long-term care refers to the wide range of medical, personal, and social services a person may receive as a result of a prolonged illness or disability. It can include help with activities of daily living, home health care, adult day care, nursing-home care, and care in a group-living facility.

On average, you will have worked more than 30 years before you retire and will have accumulated a nest egg to support yourself during retirement and to hopefully pass on to your children and family as an inheritance. The thought of losing the independence you value or the funds you have worked so hard to put aside, as a result of needing long-term care, is a major concern. Sound financial and estate planning can address these issues.

Part of the planning process can include the purchase of a long-term care insurance policy that can protect your nest egg and provide a means to pay for necessary long-term care expenses. This is the best way to protect yourself from spending your resources on nursing-home expenses and medical services. Long-term care insurance is designed to cover all or some of the services provided by long-term care and create options regarding where you will receive services and the type of services you will be able to access. After satisfaction of an elimination period, a number of days you must need the nursing-home or home-health care before the policy will pay benefits, the insurance will kick in.

A long-term care policy typically pays a daily benefit ranging from $50 to $250, which can be paid for a specific number of days, months, or years. The maximum benefit period can range from a year to a lifetime depending upon the policy you purchase. Additionally, policies can include an inflation rider that will provide for coverage increases over time. Of course, a higher daily benefit or longer term of coverage will increase the premium paid for the insurance.

Other factors such as age and life expectancy, gender, family situation, health status, income, and assets should be considered when determining whether or not to purchase long-term care insurance. Naturally, the longer you live, the more likely it is that you will need long-term care, and younger and/or healthier people will pay lower premiums. Women are more likely to need long-term care due to their longer life expectancies, and people with families or children are more likely to obtain in-home care from those family members. Of course, if family care is not available and you can’t care for yourself, insurance can pay for care outside of your home, which may be your only alternative.

People with family history of chronic illness or poor health histories may be also at greater risk for needing long-term care. Perhaps most significantly, however; if you have accumulated assets during your lifetime, long-term care insurance can protect those assets from being spent on your long-term care. But if you have low income or minimal assets, long-term care insurance is not a wise investment.

Another major consideration is whether or not your long-term care insurance will meet the Medicaid eligibility standards in effect at the time the insurance is purchased. Medicaid is the federally funded, state-administered health program that pays for your long-term care bills if you meet certain poverty levels. If you have assets in excess of the minimum allowances, you will be required to spend down those assets to qualify for Medicaid. You will also need to have income at or below the federal poverty level before Medicaid will pay for your long-term care. This can deplete your nest egg very quickly, as the average annual cost of nursing-home care is upward of $95,000 per year.

Some states, Massachusetts included, have programs designed to minimize the financial impact of spending down assets to meet Medicaid eligibility standards. By purchasing a qualifying policy, you will receive partial protection against the normal Medicaid requirement to spend down your assets to become eligible.

For Massachusetts residents, the policy must provide certain benefits in order to qualify for the Medicaid-eligibility and asset-recovery exemptions. Specifically, when you enter a nursing home, your policy must:

  • Cover nursing home care for at least 730 days;

  • Pay at least $125 per day for nursing-home care; and
  • Not require an elimination period (days that services must be provided before your policy will begin to pay) of more than 365 days, or, in lieu of a waiting period, a deductible of more than $54,750.

    • A visit to your state’s division of insurance will provide you with the current requirements necessary for a policy to be qualifying. It is of paramount importance to ensure that your policy meets the qualifying requirements necessary for your state to accept it.

    When purchasing a policy, it is important to work with a knowledgeable agent and reputable insurance company, as you want to ensure compliance with the requirements set forth by Massachusetts regulation and also remain confident that the insurance company will be solvent at the time you need to make a claim.

    While most folks do not think they need this insurance coverage at first glance, it should be noted that 58% of people making claims under long-term care policies are under the age of 65. Of those making claims, the majority of long-term care utilized, approximately 66%, is for care in one’s own home, compared to only 17% being provided in a nursing home.

    Interestingly, age-related ailments such as dementia and Alzheimer’s disease are not the major claim. In fact, the leading cause for needing long-term care is cancer. Given these facts, long-term care is likely necessary for most people, and finding a way to pay for it by means other than depleting your savings makes sense.

    Like all insurance policies, you pay for long-term care coverage hoping you will never need to use it. However, accepting the fact that it is likely you will need long-term care at some point in your life will make the payments more palatable. Giving yourself options for where you will receive your care is invaluable.

    Julie A. Dialessi-Lafley, Esq. is a partner with the law firm Bacon Wilson, P.C. She focuses her practice in business, real estate, estate planning and administration, elder law, and family law; (413) 781-0560 begin_of_the_skype_highlighting              (413) 781-0560      end_of_the_skype_highlighting;[email protected];

    facebook.com/baconwilson

    Incorporations

    By
    Departments Incorporations

    The following business incorporations were recorded in Hampden, Hampshire, and Franklin counties and are the latest available. They are listed by community.

    AMHERST

    Alpha Pizza Pi Inc., 356 College St. Amherst, MA, 01002. Laurie K. Wiernasz, same. Restaurant.

    Batobox Solutions Inc., 117 Northampton Road, Amherst MA, 01002. Sabato Visconti, same. Consulting and design services.

    CHICOPEE

    A-Z Motors, Inc., 401 Hampden St., Chicopee, MA 01013. Roman Radkovets, same. Used car dealership and auto body shop.

    Champion Overhead Doors Inc., 10 Riverview Ter., Apt. 3 Chicopee, MA 01013. Clifton Daniel Hall, same. Overhead garage door sales and installation.

    Chicopee Street Auto Sales Inc., 363 Chicopee St., Chicopee, MA 01013. Wayne L. Pare Sr., same. Auto sales.

    EASTHAMPTON

    Corbeil & Company Inc., 148 Park St., Easthampton, MA 01027. Eileen Thereses Corbeil, same. Real Estate and related products and services.

    FEEDING HILLS

    Complete Auto Inc., 82 Anvil St., Feeding Hills, MA 01030. Joel Faillace, same. Auto sales and repair.

    GREAT BARRINGTON

    Boho Thrift Inc., 252 Main St., Great Barrington, MA 01230. Kelley M. Keefner, 170 Housatonic St., Lenox, MA 01240. Thrift shop.

    Belchertown Lacross Association Inc., 28 Doe Hollow, Belchertown, MA 01007. Andrew French, same.

    HOLYOKE

    Castlerock Limited, 25 Stanford St., Holyoke, MA 01040. Michael A. Fitz, same.

    		 

    PITTSFIELD

    Andoz Inc., 413 North St., Number 415 Pittsfield, MA 01201. Ali Abanoz, 117 Union St., Easthampton, MA 01027. Pizza Restaurant.

    Berkshire Building and Remodeling Inc., 163 Leona Dr., Pittsfield, MA 01201. Steven J. Murdock, same. Building construction and remodeling contractor.

    Berkshire Perennial Landscaping Inc., 255 North St., Suite 206, Pittsfield, MA 01201. Everette Gollman, same. Landscaping and maintenance.

    SOUTHWICK

    Ambica Inc., 587 College Highway, Unit B, Southwick, MA 01077. Chirag Patel, 1032 Riverdale St., West Springfield, MA 01089. Convenience store.

    SPRINGFIELD

    A.S.N.S. Landscaping and Shopping Center Maintenance Inc., 64 Pasadena St., Springfield, MA 01108. Aramis Perez, same. Shopping Center maintenance.

    Adolfo’s Restaurant Inc., 254 Worthington St., Springfield, MA, 01103. Victor Bruno, same. Restaurant.

    Asem & Ahmad Inc., 429 Boston Road, Springfield, MA 01109. Asem Aydah, 375 Springfield St., Agawam, MA 0001. Retail and convenience store and gas stations.

    WEST SPRINGFIELD

    Bliny Crepes Tea House Inc., 54 Oleander St., West Springfield, MA 01089. Roman Shtefan, same. Food Service.

    Community Indoor Golf Association of Western Mass. Inc., 1010 Memorial Ave., West Springfield, MA 01089. Tom McElligott, 15F Mansion Woods Dr., Agawam, MA 01001. Indoor golf center.

    WESTFIELD

    C & C Heating & Cooling Inc., 96 Llewellyn Dr., Westfield, MA 01085. Steven C. Burkholder, 5 Brook Road, Enfield, CT 06082. Heating and Cooling sales, service, and installation.

    By
    Departments

    The following business incorporations were recorded in Hampden, Hampshire, and Franklin counties and are the latest available. They are listed by community.

    CHICOPEE

    Threadsafe Labs Inc., 87 Fillmore St., Chicopee, MA 01020. Jonathan Lukens, same. Django consultancy in Western Massachusetts.

    EAST LONGMEADOW

    Sodi Inc., 72 Prospect Hills Dr., East Longmeadow, MA 01028. Ralph Capua, same. New and rehab construction and sales.

    EASTHAMPTON

    Mantis Signs Inc., One Adams St., Easthampton, MA 01027. Clay Carlson Crow, 13 Holyoke St., Easthampton, MA 01027. Specializing in screen-printed and embroidered apparel, signs, and graphic design.

    FLORENCE

    RHI Construction Inc., 128 Ryan Road, Florence, MA 01062. Thomas Malone, same. General Contractor.

    Shankara Shakti Inc., 94096 Maple St., Florence, MA 01027. Hasmukh Patel, 22 Chestnut St., Easthampton, MA 01027. Real estate.

    Whole Child Foundation for Complimentary Health Inc., 3 Bratton Court, Florence, MA 01062. Patricia Gantes, 30 North Maple St., Florence, MA 01062. Provides holistic services to children.

    FRISKDALE

    Mass Motion Inc., 8 Brookfield Road, Fiskdale, MA 01518. Terri Gordon Djelassi, 30 Holland, E. Brimfield, Road, Brimfield, MA 01010. Dance training.

    GREENFIELD

    The Bill Petraveage Memorial Foundation Inc., 8 Hall Ave., Greenfield, MA 01301. Jason Burns, same. A non-profit organization founded to support teenagers and young adults in crisis.

    		  

    MONSON

    Western Mass Building Restoration Inc., 4 Fernhill Road, Monson, MA 01057. Fred Kupiec, same. Construction

    PALMER

    MD Logistics Service Inc., 3 Converse St., Suite 100, Palmer, MA 01069. Maurice Denner, same. Business services and management consulting.

    PITTSFIELD

    Twin Brother Hood Cleaning Co., 54 Alpine Trail, Pittsfield, MA 01201. Suzanne Chung, same. Restaurant range and hood cleaning.

    SPRINGIFIELD

    Masterpiece Professional Hair & Healing Studio Inc., 158 Chestnut St., Unit 1A, Springfield, MA 01103. Mandy Farber, 38 Ladeview St., Southwick, MA 01077.
    Beauty salon.

    Morning Light Beauty Center Inc., 1293 Boston Road, Springfield, MA 01119. Bing Chong Kou,1029 Elm St., Apt. 4B, West Springfield, MA 01089. Beauty salon.

    School of Fish Inc., 1865 Page Blvd., Springfield, MA 01151. David James Szpakowski, 17 Gillette Ave., Springfield, MA 01118. Tropical fish, pet, and horticulture sales.

    SOUTHBRIDGE

    Schofield On Line Enterprises Inc., 90 Prince Road, Southbridge, MA 01550. Beverly Schofield same. E-Commerce

    SOUTHAMPTON

    Wild West Brewing Company, 12 Geryk Ct., Southampton, MA 01073. Jeanette Rizos, same. Farmer’s brewery operation.

    A Whole New World

    By
    Uncategorized
    Strategies for Navigating the Uniform Probate Code

    Imagine that your spouse or parent is in an accident or develops an illness that renders them incapacitated. Certainly, you would be dealing with worry and fear due to their situation, and you would most likely want to do all that you could to assist them. Unfortunately, when adults lose capacity to make their own decisions, if they do not have the proper documents in place, it is necessary to petition the court to have a guardian and/or conservator appointed. In order to have a guardian and/or conservator appointed, the court must first declare the incapacitated person to be incompetent.

    While guardianship and conservatorship laws have existed in the Commonwealth for many years, the laws changed dramatically with the enactment of the Uniform Probate Code (UPC) on July 1, 2009.

    Recently, the Probate Court has endured harsh criticism. Many felt that guardianships and conservatorships were obtained too easily, and that there were not enough due-process protections in place for the incapacitated person. With the enactment of the Uniform Probate Court, additional safeguards have been put in place to protect the incapacitated person and to ensure that their rights are protected throughout the process. While this is beneficial to the incapacitated person, it means additional time, expense, and consternation for the petitioning party.

    Prior to the UPC, a guardian could be appointed to handle personal and financial decisions for an incompetent person, or a conservator could be appointed to handle financial decisions. Under the new law, a guardian is empowered only to make personal decisions, such as those involving support, care, education, health, and welfare, and a conservator is empowered only to make financial decisions. As such, if a person is seeking to be appointed to handle both personal and financial matters, this person will have to request that the Probate Court appoint them as both guardian and conservator. Under the new law, this requires two separate petitions to the court.

    Some of the terminology that has been used for many years has also changed. While in the past all incompetent people were called ‘wards,’ the term ‘ward’ is now reserved solely for guardianships of minors. Under the new law, a person under guardianship is called an ‘incapacitated person,’ and a person under conservatorship is called a ‘protected person.’ Court personnel, attorneys, and the public will need some time to master the terminology now used in these matters.

    The UPC has also established priority as to whom should be appointed as guardian or conservator. The highest priority is given to the person named in the incapacitated person’s health-care proxy or durable power of attorney, unless good cause can be shown as to why they should not be appointed. The order of priority differs depending on whether a guardianship or a conservatorship is sought, but in either case, the court may pass over a person having priority and appoint a person having lower priority or no priority.

    A new provision also ensures that a person who is being investigated, or who has charges pending, for committing an assault and battery that resulted in a serious bodily injury to a minor or otherwise incapacitated person cannot be appointed as a guardian or conservator. The court will run a criminal-record check to determine a petitioner’s status and to ensure that they are not prohibited from serving.

    Prior to the UPC, completing the petition to appoint a guardian or conservator was fairly simple. The entire petition consisted of one double-sided page. Under the UPC, the petition has increased to seven pages, and the information requested therein is much more comprehensive. The court is seeking information that would allow the court to restrict the guardian or conservator to making only those decisions that are absolutely necessary, while allowing the incapacitated person to maintain as much independence as possible.

    At the time that a guardian or conservator is appointed, it is necessary to provide the court with a medical certificate completed based upon an examination of the alleged incapacitated person that occurred within 30 days of the hearing. In the past, the medical certificate consisted of one double-sided page, and the physician could complete it with information that the physician believed to be pertinent. Now, a medical certificate spans six pages, and the physician must answer specific questions detailing the incapacity.

    Under the new law, a medical certificate meeting the same requirements must also be filed when the petition is initially filed. It is generally impossible to have a guardianship or conservatorship allowed within 30 days of filing. As such, this new rule essentially guarantees that two examinations and two certificates will be needed, which translates into added expense and increased time pressures.

    Once a petition is filed, notice must be given to all interested parties, including the alleged incompetent person. This notice provides a date by which the person could object to the petition. Under the new law, the alleged incompetent person has a right to counsel, which would likely be exercised if they desire to object. Under the new law, it appears that the appointment of counsel can be requested by anyone, even if they are not involved in the case. If the alleged incompetent person is indigent, then their counsel will be paid for by the Commonwealth.

    The UPC has also restricted some decisions typically made by a guardian that were not restricted in the past. For example, the guardian must receive court approval prior to revoking a previously executed health-care proxy. In addition, the guardian must receive court approval prior to admitting the incapacitated person to a nursing home.

    This provision is extremely problematic, as it prevents incompetent individuals who have been hospitalized and who are in need of rehabilitation from being admitted to the rehabilitation facility without a prior court order. This requirement could easily delay the needed admission to the rehabilitation facility for as much as 30 days or longer.

    With respect to substituted-judgment determinations, in which the court places itself in the incapacitated person’s shoes in order to make the decision that the incapacitated person would make if competent, the new law requires the incapacitated person to attend the hearing thereon. The most common substituted-judgment determination is related to whether the incapacitated person should be treated with anti-psychotic medications. In the past, it was possible and fairly easy to waive the appearance of the incapacitated person. Now, the court must find that extraordinary circumstances exist requiring the incapacitated person’s absence from the hearing.

    In the past, it was the duty of a conservator or guardian of an estate to file an account with the Probate Court on a yearly basis. If the account was not filed, it would not be uncommon for this failure to go unnoticed. The new law mandates that, within 60 days following their appointment, a conservator must report all assets that may be coming under their control in addition to filing an account on an annual basis.

    With the use of new software, it is understood that the court will be proactive and will require conservators to file accounts in a timely manner. If an account is not filed, the court may order the account to be filed. In the event that the conservator does not file his account in a timely manner, or if the judge is not satisfied with the account, the conservator could be removed and a successor conservator appointed by the court.

    Given the increasing difficulty involved in appointing and maintaining a guardianship or conservatorship, it is increasingly important for competent adults to execute health-care proxies and durable powers of attorney. A health-care proxy is a document in which someone is designated to make health-care decisions in the event of incapacity. A durable power of attorney is a document in which someone is designated to make financial decisions in the event of incapacity. Executing these two documents allows a person to avoid the need for guardianship or conservatorship, as the documents cover the two areas in which the court would appoint a decision maker — personal and financial.

    Ultimately, the enactment of the UPC has vastly changed the legal landscape with respect to incapacity. The easiest way to avoid having to navigate this landscape is to plan ahead for incapacity. By executing a health-care proxy and durable power of attorney now, you can put a plan in place that can be carried out without court intervention. n

    Gina M. Barry is a partner with the law firm Bacon Wilson, P.C. She is a member of the National Assoc. of Elder Law Attor-neys, the Estate Planning Council, and the Western Mass. Elder Care Professionals Assoc. She concentrates her practice in the areas of estate and asset-protection planning, probate administration and litigation, guardianships, conservatorships, and residential real estate; (413) 781-0560 begin_of_the_skype_highlighting              (413) 781-0560      end_of_the_skype_highlighting;[email protected]

    By
    Departments

    Cowls to Close Manufacturing Division

    AMHERST — Citing diminished customer demand for custom-sawed lumber, W. D. Cowls Inc. will close its sawmill, one of its four divisions, this month. The ninth-generation family business will focus its future on its timberland and real-estate-management services, and Cowls Building Supply’s retail lumberyard and design showroom, according to Cinda Jones, president of W. D. Cowls Inc. Cowls’ core business, since 1741, has been sustainably managing timberland in Western Mass. from its home farm in North Amherst. Over the past 268 years, the family business enterprises have also included onion, corn, tobacco, and potato farms. Jones noted that family businesses have to innovate and change over time to survive and thrive, and her family is excited about the future. She added that this latest endeavor “is not about a business closing, but about a business evolving.”

    NTS Moving into Springfield

    EAST HARTFORD, Conn. — New Technology Systems Inc. (NTS) will expand its presence into Western Mass. with a business service and sales office in the Monarch building beginning Feb. 1. NTS is a privately held, enterprise IT company that has been servicing Connecticut and Massachusetts for more than 28 years, according to Barry Kelly, vice president of NTS. Kelly noted that NTS specializes in the assessment, design, supply, and implementation of cost-effective technology solutions. NTS is headquartered in East Hartford.

    Bell & Hudson Insurance Recertified

    BELCHERTOWN — Bell & Hudson Insurance Agency Inc. has achieved full recertification as a Five Star insurance agency by the Mass. Assoc. of Insurance Agents. The Five Star Award of Distinction is earned by agencies that pass a comprehensive fitness review based on model best practices in customer focus, management, leadership, human resources, processes, products, and services. Once the designation is achieved by an insurance agency, the agency must be recertified every three years to retain it. The Five Star certification team, which conducts the fitness review, made note of the agency’s outstanding leadership, positive employee morale, and the staff’s commitment to the agency’s customers and the community as a whole. Bell & Hudson Insurance Agency, a full-service independent insurance agency, is located at 19 North Main St.

    Auto Distributorship Transformation Brings Awards

    WEST HARTFORD, Conn. — The University of Hartford’s new Mort and Irma Handel Performing Arts Center has been honored repeatedly as an outstanding example of ‘adaptive reuse’ of an old industrial facility. The project transformed the former Thomas Cadillac distributorship at the corner of Albany Avenue and Westbourne Parkway in Hartford into a 55,000-square-foot, state-of-the-art facility for dance and theater instruction and performance for the Hartt School. The $22 million facility includes five dance studios, four theater rehearsal studios, three vocal studios, and two black-box theatres, as well as faculty offices, a café, a bank branch, and a community room. The architects of the arts center received a 2009 Design Award on Dec. 7 from the Connecticut Chapter of the American Institute of Architects in the category of ‘preservation.’ The center was designed by Smith Edwards Architects of Hartford with the goal of preserving the unique character of the original facility, which was created in 1929 by pioneering industrial architect Albert Kahn. The center also received a 2009 Hartford Preservation Alliance Award for its rehabilitation and adaptive reuse of the former Cadillac building. Other honors for the project include a Connecticut Real Estate Exchange Award for adaptive reuse, a 2009 Connecticut Preservation Award from the Connecticut Trust for Historic Preservation, and a Connecticut Main Street Center 2009 Award of Excellence for adaptive reuse.

    By
    Departments

    The following is a compilation of recent lawsuits involving area businesses and organizations. Note that these are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

    CHICOPEE DISTRICT COURT

    Keyla Sullivan v. HHK Properties, LLC
    Allegation: Ceiling collapse in bathroom causing personal injury: $3,792.32
    Filed: 12/2/09

    Martin Topor Oil Co. Inc. d/b/a Central Oil v. Timberland Trucking, LLC
    Allegation: Non-payment of oil sold and delivered: $4,870.10
    Filed: 11/23/09

    FRANKLIN SUPERIOR COURT

    ECI Rail Constructors, LLC v. Northern Construction Service, LLC and Hanover Insurance Co.
    Allegation: Breach of contract and failure to pay for flagging services rendered during the repair of a railroad bridge: $79,900.88
    Filed: 12/07/09

    GREENFIELD DISTRICT COURT

    Ford Motor Credit Co., LLC v. Pioneer Supply Co.
    Allegation: Default on a retail installment sales agreement: $7,779.88
    Filed: 11/27/09

    HAMPDEN SUPERIOR COURT

    American Express v. Paradise Limousine
    Allegation: Monies owed pursuant to a credit-card agreement: $27,317.74
    Filed: 11/18/09

    Bank of Western Massachusetts v. Shelburne Falls Wine Merchants, LLC
    Allegation: Non-payment of commercial notes and guaranties: $105,150.72
    Filed: 11/23/09

    Dimitry Primakov v. Aero-Bond Corp.
    Allegation: Failure to pay wages and wrongful termination: $25,000+
    Filed: 11/10/09

    Holyoke Mall Co., LP v. Nail Pro
    Allegation: Breach of lease agreement: $229,798.17
    Filed: 11/10/09
    Ikon Financial Services v. Grynn & Barrett Inc.
    Allegation: Breach of equipment lease agreement: $54,579.87
    Filed: 11/20/09

    Jonathan Kerr v. Menard, Murphy, & Walsh, LLC
    Allegation: Conversion and fraud regarding deposit in real estate transaction: $150,000
    Filed: 11/20/09

    HAMPSHIRE SUPERIOR COURT

    Beatrice Cokely v. Colonel Woodbridges Tavern Inc.
    Allegation: Negligence in property maintenance, causing personal injury: $63,000
    Filed: 12/07/09

    Joan M. Johnson v. CPL Cabot LLC & Revera Health Systems
    Allegation: Emotional distress and retaliation in the workplace: $56,000
    Filed: 12/16/09

    NORTHAMPTON DISTRICT COURT

    Ma Pacitti v. Eric Vaughn Roofing Co.
    Allegation: Breach of a roofing contract: $3,000
    Filed: 11/23/09

    Ted Ondrick Co., LLC v. CAP Development and TRAK Petroleum, LLC
    Allegation: Non-payment of labor and materials: $3,462.50
    Filed: 12/16/09

    PALMER DISTRICT COURT

    Aggregate Industries Northeast Region Inc. v. Bill Griggs Carpentry
    Allegation: Non-payment of goods sold and delivered: $4,189.58
    Filed: 11/16/09

    SPRINGFIELD DISTRICT COURT

    American Express v. Attexor Inc.
    Allegation: Non-payment of monies loaned pursuant to a credit-card agreement: $18,873.76
    Filed: 10/30/09

    Comcast Spotlight Inc. v. LA Newton School of Beauty Inc.
    Allegation: Non-payment of advertising services rendered: $11,146.97
    Filed: 11/09/09

    H&P Realty, LLC v. Audio Image
    Allegation: Non-payment of rent: $31,320.00
    Filed: 11/04/09

    Liberty Mutual Insurance Co. v. Fales Inc.
    Allegation: Non-payment of judgment: $43,995.89
    Filed: 11/04/09

    PDQ Billing Services v. Agawam Primary Care
    Allegation: Non-payment of billing services rendered: $4,474.66
    Filed: 11/04/09

    Unishippers v. Taxi Dog Bakery
    Allegation: Breach of contract and non-payment of shipping services: $8,397.92
    Filed: 11/02/09

    United Rentals Inc. v. Pinnacle Roofing Inc.
    Allegation: Non-payment of materials, equipment, and services: $4,760.28
    Filed: 11/05/09

    WESTFIELD DISTRICT COURT

    Wheeler Oil Co. Inc. v. Timberland Trucking, LLC
    Allegation: Non-payment of home diesel fuel sold: $9,986.98
    Filed: 12/14/09

    By
    Departments


    The following business incorporations were recorded in Hampden, Hampshire, and Franklin counties and are the latest available. They are listed by community.

    EAST LONGMEADOW

    International Pest Control Inc., 24 Dell St., East Longmeadow, MA 01028. Vladimir Bovdyr, same. Pest control.

    ROA Molding Inc., 200 North Main St., Suite 4, East Longmeadow, MA 01028. David N. Moore, 257 Mountain Road, Hampden, MA 01036. Plastic molding, manufacturing, and related services.

    HOLYOKE

    Bodega 24 Corporation, 47 Cherry St., Holyoke, MA 01040. Jean C. Concepcion, Same. Grocery retailer.

    GREENFIELD

    Hole Pie Inc., 44 Hope St., Greenfield, MA 01301. James Callaway, same. To own, operate, control and/or manage restaurants.

    LONGMEADOW

    Denise Desellier Real Estate Inc., 5 Dartmouth Road, Longmeadow, MA 01106. Denise M. Desellier, same. Real estate sales, purchase and sale of tax liens.

    NORTHAMPTON

    Developmental Testing Service Inc., 35 South Park Terrace, Northampton, MA 01060. Theo Linda Dawson, same. Educational and scientific purposes.

    Glenn S. Fagen, PHD Inc., 100 King St., Suite 303, Northampton, MA 01060. Glenn Fagen, same. Psychotheraphy practice.

    		 

    SPRINGFIELD

    Forest Park Grocery & Fruit Market Corporation, 68 Appleton St., Springfield, MA 01108. Guillermo R. Negron, Same. Grocery and fruit market; soda, beer, wine, and tobacco

    Massachusetts Center for Advanced Precision Manufacturing Technology Inc., 1441 Main St., Springfield, MA 01103. J. William Ward, 14 Oakcrest Dr., Westfield, MA 01085. To facilitate and promote economic development generally and, in particular, to serve as a focal point and catalyst for technical services and growth initiatives that benefit the precision manufacturing industry in the Commonwealth of Massachusetts.

    Patriot Roofing & Remodeling Inc., 88 Arcadia Blvd. Springfield, MA 01118. Mark O. Kelly, same. Home and commercial repair roofing and remodeling.

    WESTFIELD

    K & M Corporation, 1176 Granville Road, Westfield, MA 01085. Michael E. Regensburger, same. Limousine service.

    WILBRAHAM

    Flodesign Wind Turbine Securities Corp., 380 Main St., Wilbraham, MA 01095. Stanley Kowalski III, same. To make investments and manage funds.

    RWD6 — Will Fly Again Inc., 830 Glendale Road, Wilbraham, MA 01056. Grzegorz Trzaska, same. To build a replica of RWD6 aircraft.

    By
    Departments

    The following business incorporations were recorded in Hampden, Hampshire, and Franklin counties and are the latest available. They are listed by community.

    AGAWAM

    Applied Chemistries Inc., 619 Silver St., Agawam, MA 01001. Brian C. St. Pierre, 90 Maple St., Southampton, MA 01073. Manufacture chemicals/technical consulting.

    CHICOPEE

    Argus Security Corporation, 63 Main St., Chicopee, MA 01020. Anthony R. Gomez, 44 Eldridge St., Chicopee, MA 01013. Security services.

    HAMPDEN

    CU Companion Inc., 2 Country Club Dr., Hampden, MA 01036. Glenn David Goodman, 195 Bliss Road, Longmeadow, MA 01106. Provider of services to credit unions.

    LONGMEADOW

    Springfield Lacrosse Club Inc., 870 Longmeadow St., Longmeadow, MA 01106. Keith Bugbee, 14 Moosehorn Road, West Granby, CT 01090. Lacrosse training, instruction, practice, and competition.

    SOUTHWICK

    Southwick Acres Inc., 91 Jered Lane, Southwick, MA 01077. Janice S. Lafrance, same. To own and operate a campground.

    		  

    SPRINGFIELD

    AJI Sales Corporation, 468 Walnut St., Springfield, MA 01105. Anthony J. Impoco, 41 Sheep Pasture Road, Southwick, MA 01077. Fresh poultry and egg sales.

    Medical Knowledge Institute Inc., The, 136 William St., Springfield, MA 01105. Peter J. Bittel, same. Engage in any religious, charitable, scientific testing for public safety.

    Solution Inc., 80 Worthington St., Springfield, MA 01103. Paul Ramesh, 172 Nottingham St., East Longmeadow, MA 01028. Cargo vessel.

    Viviano Soccer Academy Inc., 121 Brandon Ave., Springfield, MA 01119. Ciro Viviano, same. Soccer league.

    WILBRAHAM

    Kinase Inc., 28 Stonyhill Road, Wilbraham, MA 01095.Kyung Won Kim, 215 Cislak Dr., Wilbraham, MA 01095. Real Estate.

    By
    Departments

    The following business incorporations were recorded in Hampden, Hampshire, and Franklin counties and are the latest available. They are listed by community.

    AGAWAM

    Mehar Inc., 308 Suffield St., Agawam, MA 01001. Rashad Rauf, 41 Royal St., Agawam, MA 01001.

    AMHERST

    Vita Nova Inc., 55 North Pleasant St., Amherst. MA 01002. Scott Hsu, 15 New Ludlow Road Apt 10, Chicopee, MA 01020. A corporation organized entirely for religious purposes, and with the goal of teaching, preaching, and spreading the gospel of Christ and ministering to the local and worldwide community in the name of Christ Jesus and through The Holy Spirit.

    EAST LONGMEADOW

    Bertelli Holdings Inc., 328 Parker St., East Longmeadow, MA 01028. Brent Bertelli, same. To purchase, operate, and control other companies.

    Meadows Dental Group Inc., 100 Shaker Road, East Longmeadow, MA 01028. Thomasz A. Chrzan, 89 Pendleton Lane, Longmeadow, MA 01106. Rendering professional dental services.

    EASTHAMPTON

    Art Bar Café Inc., 1 Northampton St., Easthampton, MA 01027. Alexei Levine, 81 Pine Grove, Amherst, MA 01040. Café bar.

    FLORENCE

    Liberty St. Global Enterprises Inc., 56 Liberty St., Florence, MA 01062. Gretchen J. Hendricks, same. eCommerce.

    GRANBY

    TLJ Realty Corp., 72 Pleasant St., Granby, MA 01033. William E. Johnson, 79 Amherst St., Granby, MA 01033. Retail management of own real estate.

    		  

    HOLYOKE

    M.J. Norton Security Inc., 25 Pinehurst Road, Holyoke, MA 01040. Robert Allen, Same. Security company.

    Runway Corp Inc., 50 Holyoke St., D258, Holyoke, MA 01040. Kenneth Michael Dupuy, 12 Greenfield Ave., Waterbury, CT 06708. Retail clothing chain.

    LUDLOW

    S. Landscaping Inc., 37 Highland Ave., Ludlow, MA 01056. Vania M. Silva. Same. Landscaping, retaining walls.

    SOUTHAMPTON

    Truehart Inc., 23 College Highway, Southampton, MA 01073. Paul E. Truhart, same. Ownership, development, and management of commercial real estate.

    WEST SPRINGFIELD

    Allied Drywall Inc., 900 Riverdale St., P.O. Box 146, West Springfield, MA 01089. Geraldine A. Pelc, 17 Forest Dr., South Hadley, MA 01075. Residential and non-residential construction including ceilings and walls.

    WESTFIELD

    Pioneer Valley Volleyball Academy Inc., 549 Russell Road Unit 11B, Westfield, MA 01085. George Robert Mulry, same. Organized and operated to offer competitive volleyball team play for all youth age groups and skill levels.

    Up on Main Street

    By
    Monson Savings Bank President Roland Desrochers
    Sections Supplements
    Monson Savings Bank Continues to Grow Market Share
    Monson Savings Bank President Roland Desrochers

    Monson Savings Bank President Roland Desrochers

    Monson Savings Bank is a true community bank, dedicated to growing market share in and around the towns where it has a presence, and staying active in community life. But it’s also committed to innovations in technology and service delivery, all aimed at making customers’ lives a little easier.

    The Monson Savings Bank boardroom now has a window — several large ones, actually — allowing people to look out on a downtown that has grown right alongside its namesake bank.

    And even if the only recent physical expansion at MSB is the move of some executive offices and meeting space across the street from the bank’s longtime Main Street headquarters, President Roland Desrochers still sees plenty of room for this almost 130-year-old institution to grow.

    “It made sense to utilize this space available in town, so close by,” Desrochers said of the move to free up square footgage in the main building. “Of course, it doesn’t have to be close by — communication isn’t a challenge these days, so to some degree, it doesn’t matter where we are. But we finally have a boardroom that’s not in the basement. I’m sure the board appreciates that.”

    Indeed, with bank operations and offices bursting the bank’s headquarters at the seams, the relocation of some offices across the street was a no-brainer. In addition, when the U.S. Postal Service moved into a new building behind that house, Monson Savings Bank took over the former post office building nearby, giving it three locations in close proximity — and some needed elbow room.

    Not that growth is a bad problem to have.

    “This year, we’ve experienced 5% to 6% growth in our asset base and deposits, and we have generated most of our growth in the retail arena through the initiation of new products,” Desrochers said, including First-Rate Checking, which is a high-rate savings product tied to a checking account, offering 2% interest. “In this environment, where we’re seeing money markets paying less than one-half percent, that’s a pretty good return.”

    Then there are Cash Back Checking, accounts that pay depositors back when they use their debit card; and NextGen banking, which targets specific age groups with different features, such as enhanced online and ATM access for college-age customers. “With each one of these products, we’re attracting a different client base,” Desrochers said.

    That’s important for a bank that has adopted a strategy of building market share with just three locations — Monson, Hampden, and Wilbraham — in a region peppered with banks that have built branches with startling speed over the past decade. While all three locations have succeeded and grown — including the newest branch in Wilbraham, which has the added challenge of doing business on the fiercely competitive Route 20 corridor — the bank’s internal research says all have room to expand market share further, as long as MSB is nimble and responsive to what customers want.

    Highs and Lows

    Commercial accounts have seen similar growth, again through products aimed at making customers’ lives and finances easier, such as a small-business checking account that allows depositors to write 500 checks and make 500 deposits per month for free.

    Then there’s the introduction last year of remote capture, a technology that allows business owners to make checking deposits without visiting the bank.

    “That has become very popular because they don’t have to worry about making deposits here; they can just scan checks in their offices. So we’re able to sell commercial checking accounts to customers who are not necessarily located right near one of our branches.”

    However, not all business is booming these days. The economy has taken its toll on commercial lending, which has been quieter than normal over the past year, Desrochers said.

    “We get most of our commercial-loan business through referrals from customers or maybe board members, people like that,” he noted. “It’s quiet now, but I think you’ll find most banks will say they’re quiet, too. I do wonder how some businesses, especially trades, are being impacted by the economy, how many people will have issues through the coming winter.”

    In addition, “delinquencies are up on the residential side, but it’s still much lower than the state average. People are definitely struggling to make payments, and a lot of people are waiting until the last day of the month, which is not something normal by any means. We’re hoping we can at least control the delinquencies and work with customers to whatever degree we can.” He noted that bank officials know that people are struggling, and the best way to handle problems paying bills is to keep the lines of communication open.

    “Burying your head in the sand is not the best way to deal with the problem,” he said. “Banks are willing to sit down and work with people, but they need to take it upon themselves to be proactive with their financial institution.

    “Banks don’t want to own real estate,” Desrochers continued. “Look what it costs to foreclose on real estate these days ‹ $5,000 to $7,000 for a single-family home. It doesn’t make a whole lot of sense to do that, so we obviously want to keep someone in their home.”

    Even so, Monson has seen its marketing strategies pay off on the residential loan ledger; this year, it ranks fifth in home mortgage originations in Hampden County, up from 17th just five years ago. Desrochers credits not only competitive rates for that performance, but faster turnaround times and technology like online mortgage applications — again, to make the lives of customers a little easier.

    BusinessWest asked whether Monson’s relatively small size compared to other regional banks allows it to be more nimble in introducing such services, but Desrochers said size is really no factor.

    “In order to introduce new technology, things like online mortgages and mobile banking, no matter how big or small you are, you have to the spend time and effort necessary to test and implement those products,” he said. “You have to make the investment.”

    He admitted, however, that it’s a challenge — but a rewarding one — to serve customers who are far savvier and more receptive to change than in the past.

    “They wonder how they did without these things,” he said with a smile. “The whole gamut — online bill pay, remote capture — once customers have them, they wonder how they did without them.”

    Meeting Needs

    Monson Savings Bank, like many community banks in the region, is well-capitalized and largely free of the bad loans that capsized the financial system last year. But the institution continues to take a cautious path, setting aside an additional $700,000 in reserve this year to cover any potential losses should the issues facing banks get worse.

    “Capital levels are strong right now, and the smart thing to do, seeing that, is to control growth,” Desrochers said. “Capital is so critical right now in this low-rate environment, and assuring a strong capital position is the most important issue until things turn around for the better.”

    He has never been a proponent of rapid branching out, and the current financial landscape only reinforces that notion. “Now is not the time to get carried away, in our estimation. Preserving capital is critical in this type of market.”

    Still, that caution doesn’t affect one of Monson’s key roles as a community bank — and that is supporting nonprofits that add to the quality of life in its communities.

    “Most not-for-profit organizations and schools in our market area are very pleased with how we contribute to them,” Desrochers said, ticking off other beneficiaries of the bank’s community support, from librariers and arts groups to youth sports teams and senior centers.

    “Those types of organizations have had cutbacks, and we try to help,” he said. “We try to contribute 10% of our bottom line back to the community, which for us runs in the area of $100,000 to $120,000 a year.”

    That aid benefits not only small, locally based groups, but larger entities, such as the United Way, Girl Scouts, and the Red Cross, that in turn serve surrounding communities in specific ways, he said. “We give back to those organizations that meet wider needs. We don’t want to lose sight of that.”

    It’s all about making a small difference in a community that can now be seen through the boardroom window.

    Joseph Bednar can be reached

    at[email protected]

    By
    Departments

    The following business incorporations were recorded in Hampden, Hampshire and Franklin counties and are the latest available. They are listed by community.

    AGAWAM

    Agawam Massage Therapy Inc., 1 South Bridge Dr., Agawam, MA 01001. Zhanshi Jin, 36-18 195th St. #1, Flushing, NY 11358. Professional massage therapy.

    CHICOPEE

    N. Riley Construction Inc., 77 Mass. Ave., Chicopee, MA 01013. Nicholas J. Riley, Same. Construction.

    Oak River Development Corp., 169 Grove St., Monson, MA 01057. Erik T. Kaiser, 15 Mechanic St., Monson, MA 01057. Real estate development.

    EASTHAMPTON

    H. King Rug & Home Inc., 36 Cottage St., Easthampton, MA 01027. Jared Quinn, 20 Zabek Dr., Easthampton, MA 01027. Sale of rugs and home accessories.

    KAYA NOW INC., 57 ? Ward Ave., Easthampton, MA 01027. Susan Zahorak, same. E-commerce.

    HOLYOKE

    The International Somatic Movement Education and Therapy Association Inc., 30 Morgan St., Holyoke, MA 01040. Elisa Cotroneo, 105 Luther Road, East Greenbush, N.Y. 12061. To promote somatic movement education and therapy and maintain a registry of professional practitioners.

    SOUTHWICK

    Joanie’s Inc., 134 Point Grove Road, Southwick, MA 01077. Jennifer Nolasco, 52 Wendover Road, Suffield, CT 06078. Bar and restaurant.

    		  

    SPRINGFIELD

    Fidelity Land Development Corporation, 1380 Main St. Suite 301, Springfield, MA 01103. Eithan Ezra Pava, 770 Dickinson St., Springfield, MA 01108. Land development.

    WESTFIELD

    Affordable Flooring Inc., 172 Meadow St., Westfield, MA 01085. David Minchuk, same. Floor covering.

    M & H Properties Inc., 11 Robinson Dr., Westfield, MA 01085. Michael Leblanc, Same. Real estate ownership and development.

    WEST SPRINGFIELD

    Bella Fortuna Inc., 28 Timber Brook Road, West Springfield, MA 01089. Richard
    Flak, same. E-commerce

    LA Contractor Supply Inc., 32 Wishing Well Way, West Springfield, MA 01089. Rose Rousseau, same. Sales of materials and supplies to the construction industry.

    WILBRAHAM

    Frankie B’s Inc., 1071 Glendale Road, Wilbraham, MA 01095. Laurie Bongiorni, same. Billiards and sports bar.

    Living Proof

    By
    Sections Supplements
    Know the Difference Between a Residence and a Domicile

    There are many reasons to consider a move to Florida, particularly later in life, the most obvious being the significant difference in winter weather between Boca Raton and the Pioneer Valley. A less obvious reason that could rival the weather in importance is tax planning — in particular, income- and estate-tax planning. Indeed, if done properly, tax planning could provide that last extra bit of incentive an individual or couple needs to start spending winters in the sun.

    What are the tax benefits of a move to Florida, and how are those benefits realized? Must a taxpayer sever all ties with Massachusetts, or can a taxpayer maintain homes in both Massachusetts and Florida while still reaping the tax benefits Florida offers? This article will discuss these and surrounding issues.

    Why should taxes enter into the equation of whether to live in Florida for part or all of the year? The basic tax incentive is that Florida does not have an income tax or an estate tax. Also, the Florida Homestead limits the amount of real-estate tax on a primary residence in Florida and provides for much greater protection from creditors than the Massachusetts homestead exemption.

    A taxpayer who is ‘domiciled’ in Massachusetts (that is, whose legal residence is in Massachusetts) will pay Massachusetts income tax on his or her ‘worldwide income.’ Taxation of this worldwide income may be partially or wholly avoided by a change in domicile to Florida, since Florida does not have an income tax. It must be noted, however, that even those properly domiciled in Florida will pay Massachusetts income tax on Massachusetts source income — essentially, any income tied to a business or employment carried on in Massachusetts, or derived from Massachusetts real-estate rents and capital gains.

    With regard to estate taxes, Massachusetts remains an expensive place to die even for the moderately wealthy. The Massachusetts estate tax filing requirement is $1 million. Estates of less than $1 million are not required to file a return or pay a tax; however, estates over $1 million will pay a tax on the entire estate, not just the amount exceeding $1 million. (For comparison purposes, the federal estate-tax shelter for 2009 is $3.5 million, and Connecticut’s shelter is slated to rise to $3.5 million in 2010). Florida has no state estate tax. For example, a $1.2 million Massachusetts estate will incur an estate tax of $45,200, while the same estate in Florida will incur no estate tax. Taxpayers properly domiciled in Florida, however, will pay Massachusetts estate tax on real estate and tangible personal property located in Massachusetts. Careful planning for those domiciled out of state is necessary to avoid a backdoor Massachusetts estate tax on those assets. Thus, a change in domicile from Massachusetts to Florida (or a similarly tax advantaged state) could result in significant tax savings.

    The Massachusetts Department of Revenue (DOR) will look at each particular case to determine if the taxpayer at issue is domiciled within or outside of Massachusetts for tax purposes. The analysis is fact-based and undertaken without regard to federal law or the law of any other state.

    Before proceeding, however, some basic definitions are in order. At issue in the DOR’s analysis is the legal status of a taxpayer’s domicile, as distinguished from his residence. A taxpayer may have many residences — homes in Massachusetts and Florida, for example — but has only one domicile. A taxpayer’s domicile is the residence the taxpayer regards as his or her true home or principal residence. As reiterated in numerous cases decided by the Massachusetts courts, domicile is “the place of actual residence with the intention to remain permanently or for an indefinite time and without any certain purpose to return to a former place of abode.”

    So how does a taxpayer convince an auditor, the DOR, and, if necessary, the Appellate Tax Board that the taxpayer has relocated his or her domicile outside of Massachusetts? There are some hard and fast rules that provide a starting point for the analysis. The first and most important rule is to have an actual home — either rented or (preferably) owned — in the state where the taxpayer is attempting to prove domicile (in this case, Florida). Domicile requires, at minimum, an actual residence, and Massachusetts courts have stated that a person can have a home in a place where he is not domiciled, but he cannot be domiciled in a place where he has no home. While this seems obvious, a taxpayer recently lost a case before the Appellate Tax Board partly on the basis of a Florida lease that lapsed while the taxpayer paid an extended visit to Massachusetts.

    The fact of having a home in the place of domicile must concur with the intent to make that home the taxpayer’s domicile as opposed to a mere residence. This is where the DOR’s inquiry will become highly fact-intensive, and where careful planning becomes essential. As the DOR has stated, “the most persuasive indicators of domicile are the physical, business, social and civic activities of the taxpayer.” Taxpayers must demonstrate that the center of these activities occurs at their new domicile. The level of steps that must be taken varies based on whether or not the taxpayer will maintain a home in Massachusetts. How is this accomplished?

    Regardless of whether the taxpayer will continue to maintain a home, business, or social contacts in Massachusetts, the following steps should be taken to demonstrate intent to change domicile to a different state:

    • registering to vote and actively voting in the new state, and simultaneously terminating Massachusetts voting registration;
    • changing vehicle registrations to the new state;
    • obtaining a driver’s license in the new state and terminating the Massachusetts license;
    • keeping all primary bank accounts in the new state and maintaining as few ties to Massachusetts banks as possible;
    • changing addresses for bills, including credit-card bills;
    • changing addresses for magazines;
    • changing the address on one’s passport; and
    • joining clubs and undertaking other social activities in the new domicile and resigning or changing Massachusetts memberships to non-resident status.

      • The taxpayer should also file a declaration of domicile and citizenship, in duplicate, with the clerk of the circuit court in the county of residence of the new domicile.

      Finally, the taxpayer should release any homestead exemption applicable to his or her real property in Massachusetts and file for homestead protection in Florida. Note, however, that the taxpayer must own Florida real estate on Jan. 1 of the year in question and make that property his or her principal residence in order to qualify for the Florida homestead protection.

      There are several additional considerations if the taxpayer is maintaining a residence in Massachusetts. Massachusetts considers that a taxpayer’s legal residence for tax purposes will be Massachusetts, even if the taxpayer is domiciled in another state, if the taxpayer maintains a permanent place of abode in Massachusetts and spends more than 183 days (including partial days) in the aggregate in Massachusetts during the year. If both of these criteria apply, the taxpayer’s efforts in establishing domicile outside of Massachusetts will be for naught.

      The surest way of avoiding the application of these rules is to spend 183 days or less in the aggregate in Massachusetts during each tax year in question. The Department of Revenue, however, will not simply take the taxpayer’s word on whether he or she spent more or less than 183 days in Massachusetts. The taxpayer should maintain detailed records to prove the amount of time spent within or outside of Massachusetts.

      In an audit, the Department of Revenue will demand copies of all monthly credit-card statements, phone bills, and bank-account statements for the year(s) in question as evidence of location during the tax year(s). Consequently, the taxpayer should use a credit card regularly while outside Massachusetts and keep copies of all credit-card bills and bank-account statements.

      The taxpayer should keep receipts indicating where items were purchased for non-credit-card transactions. If the taxpayer spends considerable time outside of Florida, the taxpayer can use evidence of credit-card charges or similar means to explain the taxpayer’s location and rebut the Department of Revenue’s assumption that the taxpayer was in Massachusetts. The taxpayer should keep all airline tickets, indicating dates of stay within and outside Massachusetts, and should keep a journal of all dates spent in Massachusetts.

      If the taxpayer is unable to limit his or her time to 183 days in Massachusetts, then the taxpayer will need to establish that he or she maintains no ‘permanent place of abode’ in Massachusetts. A permanent place of abode is a dwelling continually maintained by a person, whether or not owned by the person, and includes a dwelling owned or leased by the person’s spouse. This definition will encompass most homes maintained in Massachusetts by those domiciled elsewhere.

      The Department of Revenue does maintain a list of very narrow specifically delineated exceptions to the definition of a permanent place of abode. Under these exceptions it is very difficult for the owner of a home in Massachusetts to avoid that home being treated as a permanent place of abode. Having children or grandchildren move into the home will not suffice; nor will renting out the property for less than a term of one year. The only rental exception that the Department of Revenue recognizes with regard to the ‘permanent place of abode’ definition is a full rental of the property at issue to a non-related individual, for a period of at least one year, where the taxpayer has no right to occupy any portion of the premises during the lease period.

      As a practical matter, therefore, taxpayers who wish to maintain a home in Massachusetts yet receive the tax benefits of having a domicile outside of Massachusetts will need to prove that they have spent more than 183 days outside of Massachusetts and that they have established a domicile outside the Bay State.

      For taxpayers who maintain homes in Massachusetts, there are often continuing ties to Massachusetts beyond the maintenance of real estate. These may include, for example, visits to children and grandchildren living in Massachusetts and continuing social, legal, financial, and business relationships with friends and advisors in Massachusetts, as well as receiving specialized medical treatments in Massachusetts. The Appellate Tax Board has recognized that such ties may exist, and that they do not defeat a change in domicile. As the Board has stated, “continuing ties to [Massachusetts] do not foreclose a finding of change of domicile: such change does not require that a taxpayer divest himself of all remaining links to the former place of abode, or stay away from that place entirely.”

      The taxpayer should apply common sense in such situations. Items near and dear to the heart of the taxpayer should, to the extent possible, be located at the new domicile. Department of Revenue auditors will look to determine where the taxpayer centers his or her life in determining the taxpayer’s intent.

      In a recent case, the Appellate Tax Board overruled the Department of Revenue and held for a taxpayer who had maintained social ties to Massachusetts. The Board noted the taxpayer couple’s joining a church in Florida, becoming members and eventually directors of their neighborhood housing association, their development of a large circle of friends in Florida, and their attendance at local Elks and Moose lodges in Florida in rebutting the DOR’s argument that the taxpayer’s social ties to Massachusetts prevented a change in domicile. When combining these facts with the necessary changes in the taxpayers’ drivers’ licenses, voter registrations, and similar items, the Appellate Tax Board concluded the taxpayers had indeed changed their domicile to Florida.

      This article is not meant to provide a full guide to a successful, tax-advantaged change of domicile outside of Massachusetts. As discussed above, even those who successfully change their domicile will still face tax issues in Massachusetts, many of which can be minimized or perhaps eliminated with proper planning. It is therefore essential for any taxpayer seeking to realize tax benefits in conjunction with a change of domicile to consult with his or her advisors to determine the feasibility of such a move, its chance of success, and the methods of maximizing the potential benefits to the taxpayer.

      Michael Simolo is an associate with the law firm of Robinson Donovan, P.C., specializing in estate planning, estate and trust administration, fiduciary litigation, and business law; (413) 732-2301.

      By
      Departments

      The following Business Certificates and Trade Names were issued or renewed during the month of October 2009.

      AGAWAM

      Anderson Contractors
      325 Adams St.
      Trina Gomes

      A. P. Rogers Associates
      24 Eastview Dr.
      Alan Rogers

      Lana Stationery
      56 Corey Colonial
      Lana Casiello-Boyle

      Northeast Training and Consulting
      456 North Westfield St.
      Dorothy Circosta

      T. C. Captioning Services
      114 Valley Brook Road
      Thomas Costa

      Wright’s Cleaning
      24 Dwight St.
      Willie Wright

      AMHERST

      Localocracy
      553 Main St.
      Conor White-Sullivan

      Rock Mongrel Designs
      23 Lessey St.
      Richard Raymond

      The Cajun Queen
      233 North Pleasant St.
      Gwendolyn Swan

      The Loose Goose Café
      233 North Pleasant St.
      J.L. Gourmet Inc.

      CHICOPEE

      Matroni’s
      140 Exchange St.
      Corina Frocier

      Royal Real Estate Service
      31 Devlin Dr.
      Gerard Roy

      Sweetheart Home Care
      30 Melvin St.
      Natalia Vasilenko

      EAST LONGMEADOW

      Charli’s Country
      275 Kibbe Road
      Charlene Miller

      Colorful Creations
      128 Shaker Road
      Deanna Hanson

      Fitzgerald Burglary
      50 Gerard Ave.
      Michael Fitzgerald

      Martin Appraisal Co.
      192 North Main St.
      Martin Grudgen

      Wheelhouse Strategy
      83 Hanward Hill
      James T. Fitzgerald

      GREENFIELD

      Days Inn
      21 Colrain Road
      Vidhyadhar Mitta

      Franklin Adult Day Health Center
      60 Wells St.
      William C. Jones

      KT’s Lawncare
      126 Oakland St.
      Thomas Newcomb

      Lit’l Bears Den
      200 Main St.
      Susan Maloney

      Synergy Transportation Services
      25 Park Ave.
      Jason Markwell

      Vehicle Inspection Center
      188 Federal St.
      Nell Lorenz

      HADLEY

      Candy Stand
      367 Russell St.
      Syed Javed Ali

      Center for Retirement Planning
      245 Russell St.
      Robert Burke

      Trans World Food Mart
      50 Russell St.
      Johnny Binh Tran

      HOLYOKE

      Contractor Computer Services
      323 Walnut St.
      Mabeline Arzola

      Farms Auto
      200 Whiting Farms Road
      James Lavelle

      Fashion Club
      348 High St.
      Yu Sun Sim

      Grandma’s Attic Thrift Store
      1976 Northampton St.
      Sharyna Kazunas

      Los Master Social Club
      65 Commercial St.
      Crispin Matos

      Marinello & McKenna
      1500 Northampton St.
      Marita Marinello

      Project 13 Inc.
      50 Holyoke St.
      John Foley

      LONGMEADOW

      Highland Medical Transcription
      26 Homecrest St.
      Donna Ingalls

      Longmeadow Healing Arts
      167 Dwight Road
      Maureen Quinn

      Pollack Playhouse
      P.O. Box 60812
      Jay Pollack

      Students Helping Students
      60 Tecumseh Dr.
      Michael Fein

      NORTHAMPTON

      21st Century Etiquette
      88 Hockanum Road
      Amelia Mosley

      Barton’s Angels Inc.
      15 Conz St.
      Nancy B. Whittey

      Burgundy Rose Salon
      21 Locust St.
      Virginia L. Chaffee-Deiling

      Finding Earth Works
      29 Columbus Ave.
      Alezandra Schroeder

      Hampshire Dermatology & Skin Health Center
      39A Carlon Dr.
      Katherine L. White, M.D.

      Pelorian Digital
      1 Front St.
      Richard Rasa

      PALMER

      Burgandy Brook Farms
      3090 Palmer Road
      MaryAnn & Thomas Roberts

      Kopec’s Auto & Truck Service
      1219 Thorndike St.
      Christopher Kopec

      Quabbin Real Estate Solutions
      82 Ware St.
      Andrew Willis

      Tadpoles
      1371 Main St.
      Sherry Kennedy

      Vinny’s Pizza
      1112 Park St.
      Vincenzo Manzi

      		  

      SOUTHWICK

      JEP Distribution
      71 Berkshire Ave.
      James Phelps

      Pathways to Healing by Aimee
      627 College Highway
      Aimee Sawyer

      Right Way Repair, LLC
      168 South Longyard Road
      Richard Mannion

      SPRINGFIELD

      Acupuncture and Chinese
      1502 Allen St.
      Stanley Baker

      Alan Epstein Photography
      50 Ingersoll Grove
      Alan Epstein

      Angie and Blanca Ceramic
      36 Winnipeg St.
      Angela Rodriguez

      Asher’s Trucking Service
      195 Hickory St.
      Katrika Joseph-James

      Bell Bros Sneaker Plus
      80 State St.
      George A. Bell, Jr.

      Bert Hills Express Inc.
      225 Orange St.
      Kenneth G. Dulude, Jr.

      Better Air Quality
      175 Oak Grove Ave.
      Ralph McKinley Ward

      Bliss Graphics
      29 Leitch St.
      Trevis M. Wray

      Bryan’s Roofing
      39 Gardens Dr.
      Bryan Trombley

      Bryant’s Auto Solutions
      87 Washburn St.
      Bryant James

      Builders Home Remodelers
      185 Mill St.
      Vincent Guiel

      Comfort Zone Heating
      180 Laurelton St.
      Richard Charles Barry

      Concentra Medical Centers
      140 Carando Dr.
      Eleanor J. Thompson

      Curves
      1916 Wilbraham Road
      Linda L. Scott

      Deal Man Dave
      76 Palo Alto Road
      Dave Behnk

      Design Plus Simulation
      1140 Main St.
      Yergeniy Norkin

      Diamond Cut Barber Shop
      616 Belmont Ave.
      Osagie Ekhorytomwen

      Dwight Convenience Store
      135 Dwight St.
      Lack Shah

      The Firm
      450 Main St.
      William McCarthy

      Future Comp
      2077 Roosevelt Ave.
      Joseph Fico

      Impressions
      35 Braywood Circle
      Nina Marie Olmeda

      J & G Transportation Service
      304 Belmont Ave.
      John J. Rajab

      JC Variety
      190 Orange St.
      William M. McCarthy

      Jefferson Management
      1418 Berkshire Ave.
      Michael Jefferson

      Jose Stripping and Transportation
      927 Worthington St.
      Jose A. Santiago

      WESTFIELD

      B’s Gym
      76 Elm St.
      Brian Cook

      BJS Associate
      55 Arnold St.
      Francis Janisieski

      Bluesky Information Systems
      48 Blue Sky Dr.
      Nicholas B. Meszaros

      EB Surf and Ski
      86 Hawks Circle
      Eric Blackwelder

      Nails 2000
      275 Elm St.
      Tam Thanh Huynh

      Northeast Valve & Actuation
      170 Lockhouse Road
      Brian Howard

      Tatro’s Mobile Mechanic Services Inc.
      16 George St.
      Gregg Tatro

      Union Mart
      420 Union St.
      Kimat G. Khatak

      Westfield State College Bookstore
      577 Western Ave.
      Barnes & Noble College

      WEST SPRINGFIELD

      Bob’s Auto
      622 Union St.
      Philip Auto LLC

      Comfort Inn and Suites
      106 Capital Dr.
      Nataver Inc.

      Demoracski Painting
      76 Partridge Lane
      Mark A. Demorcaski

      Edwin Quality Services
      18 Kings Highway
      Edwin R. Colon

      Hair Cuttery
      343 Memorial Ave.
      Hair Cuttery of Greater Boston, LLC

      Hunter’s Computer Services
      283 Elm St.
      Deborah M. Burt

      Painting Unlimited
      38 West School St.
      Adam Farnum

      Performance Rehabilitation
      124 Myron St.
      Performance Rehabilitation of Western New England

      Rescore America
      134 Main St.
      GSC Credit Service Inc.

      Roche-Realty & Associates
      425 Union St.
      Cassie Roche

      Scheer Construction
      14 Colony Road
      Arthur Barry Scheer

      Springfield Country Club
      1375 Elm St.
      Denis Lucy

      St. Joseph’s Family Dental, LLC
      258 Main St.
      Susana R. Aguero

      Tri County Contractors Supply Inc.
      154 Wayside Ave.
      Robert H. Clark Jr.

      Your Hearts Content
      900 Riverdale St.
      Deborah-Ann Geng

      By
      Departments

      Monson Savings Bank announced the following:
      • Michael Rouette has been promoted to Senior Vice President, Commercial Lending;
      • Nancy Dahlen has been promoted to Vice President, Residential & Consumer Lending;
      • Dan Moriarty has been promoted to Vice President, CFO; and
      • Terri Fox has been promoted to Senior Vice President, Retail Administration.

      •••••

      Springfield Armor has announced that:
      • Nicole Hoffman has been named Director of Marketing and Public Relations; and
      • Greg Noonan has been promoted to Account Executive.

      •••••

      Attorney Kristen L. Miller has joined Cooley, Shrair P.C. of Springfield as Associate Legal Counsel. Most recently, Miller served as Clerk in the United States Bankruptcy Court, District of Massachusetts, Western Division. Her practice areas include bankruptcy law and non-bankruptcy law.

      •••••

      Ronald Briggs, an experienced financial services expert, has opened the Horizon Investment Management Group in East Longmeadow. The firm provides a full line of financial services and products, personalized to fit the needs of individual investors, corporations, and institutions.

      •••••

      John Simeone has been promoted to Vice President of Technical Operations for the Western New England Region for Comcast. In his expanded role, Simeone will drive the continued adoption of the new tools, technologies, and practices that are powering Comcast’s proactive approach to customer service. He will oversee field operations for the region, including technical and workforce operations, as well as the company’s service centers. He will also focus on maintaining and developing a skilled, diverse, and motivated workforce.

      •••••

      Laurette Bishop has been promoted to Manager of the Springfield office of Kostin, Ruffkess & Company, LLC, based in Farmington, Conn.

      •••••

      Benjamin Fitts has been hired as a Web and Software Engineer at van Schouwen Associates in Longmeadow. He is responsible for developing and managing a range of Web site design projects, including e-commerce, interactive, and social-media applications for clients throughout the U.S.

      •••••

      Charles Urquhart has been named Associate Director for Museum Advancement at the Norman Rockwell Museum in Stockbridge.

      •••••

      Sharon Shumway, a Family Nurse Practitioner, has joined Dr. Mark Bigda and Leah Carrasquillo, also a Family Nurse Practitioner, at Nashawannuck Internal Medicine in Southampton.

      •••••

      Attorney Carol Cioe Klyman, Shareholder of Shatz, Schwartz and Fentin, P.C. of Springfield, has been named to the Editorial Board of the National Academy of Elder Law Attorneys Journal. The NAELA Journal is a peer-reviewed, scholarly publication of articles on elder- and special-needs-law topics, and is published twice a year. Klyman specializes in elder law, estate planning, guardianships, special-needs planning, and probate litigation.

      •••••

      Jeffrey Siegel has joined the United Wealth Management Group as Vice President of Estate Planning. It is part of United Bank, based in West Springfield.

      •••••

      The Realtor Assoc. of Pioneer Valley announced the following:
      • Robert Cohn, Broker-Owner of Cohn & Co. Real Estate Agency in Greenfield, received the 2009 Good Neighbor Award. Cohn was nominated for his commitment to Greenfield Community College as a member of the college’s campaign leadership team and an honorary member of the Greenfield Community College Foundation Board;
      • Lisa Kraus of Bank of America Home Loans in West Springfield, received the 2009 Good Neighbor Award. Kraus was recognized for the dedication she has shown in helping the Realtor association achieve its outreach goals in the region;
      • Ben Scranton has been named Executive Vice President of the association; and
      • Mary-Leah Assad has been named Communications Coordinator.

      •••••

      The Greater Westfield Chamber of Commerce will recognize the following area residents during its Nov. 12 Annual Meeting:
      • Michael Stolpinski of Westfield Electroplating Company will be named Businessman of the Year;
      • Dawn Carignan Thomas of Instrument Technology Inc. will be named Businesswoman of the Year; and
      • Barbara Braem will receive the Don Blair Community Service Award.

       

      By
      Departments

      Juliet Locke of Vanasse Hangen Brustlin Inc. has earned her professional Traffic Operations Engineer Certification. Locke is a Transportation Engineer in the firm’s Springfield office. The certification demonstrates knowledge, skill, and ability in the specialized application of traffic operations engineering.

      •••••

      Westfield State College recently welcomed three new members of its Board of Trustees. They are:
      • Judge Terry M. Craven of Milford. An associate justice for the Suffolk County Juvenile Court, she is a 1973 graduate from Westfield State with a bachelor’s degree in psychology. She also received an honorary doctor of laws degree from the college in 2008 for her service in juvenile justice. She received her juris doctor degree from New England School of Law in 1987. She is known as an expert in juvenile and family law. Besides being founding director and co-clerk of the Juvenile Bar Assoc., she has served on its board of directors for more than a decade. She designed and implemented the first diversion program for female offenders at Boston Juvenile Court. Other honors she has received include citations from both the Massachusetts House of Representatives and Senate for her work with delinquent children and their families, and she was the 2006 recipient of the Juvenile Bar Association’s Judge Leo Lydon Award.
      • Christel Ford Berry of Hartford, who has been the head of Ford Berry Associates in Hartford for more than 25 years as part of her successful career as an attorney and financial planner. She previously was an associate attorney with the Hartford law firms Hebb & Gitlin and Shipman & Goodwin. She has also been active in professional and civic organizations. She is a board member of the Hartford Courant Foundation, treasurer and board member of Connecticut Landmarks, and a member of the Hartford Assoc. for Women Attorneys. She is also on the Board of Trustees of Friends of Elizabeth Park, a senior fellow of the American Leadership Forum, and an incorporator of the Hartford Seminary in Hartford and the American School for the Deaf in West Hartford. She has a bachelor’s degree from Barnard College and a juris doctor degree from the University of Pennsylvania.
      • Berry Meersman, a sophomore at Westfield State majoring in History and Secondary Education. A 2008 graduate of Shepherd Hill Regional High School, he became active in college life as a freshman, being selected as all-college representative for the Student Government Assoc. He was elected by the student body last spring to represent them on the Board of Trustees. “I hope I will be a good voice on the board for the students and hope to bring the student voice to any decision that has to be made for the school,” he said. Meersman praised his high-school history teachers for inspiring him to study history in college, and said he is happy with his decision to come to Westfield State.

      •••••

      Dr. Gargi Kundu has joined Hampden County Physician Associates’ new Springfield office at 300 Stafford St. on the Mercy Medical Center campus. She will establish her primary care practice in internal medicine. Kundu earned her medical degree from Kasturba Medical College in Manipal, India, and completed her internship in internal medicine at St. Luke’s Hospital in Bethlehem, Pa. She completed her residency in internal medicine at Robert Packer Hospital, Sayre, Pa., and her fellowship in hematology and oncology at the Medical College of Wisconsin in Milwaukee.

      •••••

      Bulkley, Richardson and Gelinas in Springfield announced the following:
      • Mary Jo Kennedy will serve as a Regional Delegate in the Massachusetts Bar Assoc. House of Delegates for the next year, representing Hampden County; and
      • Attorney David R. Roulston will serve as a Regional Delegate in the Massachusetts Bar Assoc. House of Delegates for the next year, representing Franklin, Hampshire, and Berkshire counties.

      •••••

      The National Priorities Project of Northampton has hired Christopher Hellman as its Director of Research.

      •••••

      Richard S. Keating has been named Vice President for Strategic Initiatives at the Centers for Internationalization and Academic Initiatives at Western New England College in Springfield. In his new position, Keating will improve the ability of WNEC to anticipate and respond quickly to emerging opportunities, particularly in the areas of developing undergraduate and graduate degree programs as well as non-credit and certificate programs, and the international recruitment of students.

      •••••

      Dr. Lanceford M. Chong has joined the staff at Cooley Dickinson Hospital in Northampton. Chong received his medical degree at the University of California, San Francisco Board of Medicine. He joins the cancer care-radiation oncology program as a Radiation Oncologist.

      •••••

      Michael J. Akey has joined Berkshire Bank as a Mortgage Loan Originator in the Pioneer Valley. He will concentrate his efforts on home loans in Franklin and Hampshire counties from his office at MassOne Insurance Agency, a Berkshire Bank affiliate, 117 Main St., Greenfield.

      •••••

      Samuel Johansson has joined the firm of Aaron Smith, P.C., public accountants, in East Longmeadow. He is a recent graduate of Western New England College in Springfield with a bachelor’s degree in business administration. He worked as an intern with Aaron Smith in the spring.

      •••••

      Jim Kervick, an employee of United Personnel, was recently awarded the Massachusetts Staffing Assoc. Employee of the Year Award for 2009. The prestigious honor, awarded to one staffing employee in the state of Massachusetts, is given to an employee who exemplifies the five main reasons to consider temporary staffing as an employment option: jobs, flexibility, bridge, choice, and training. Kervick was selected as the winner over 14 other finalists from across the state. In his role as an on-site manager at two of United’s larger-volume clients, Kervick is responsible for the day-to-day communication with the on-site temporary staff and for assuring that United’s (and the client’s) performance standards, policies, and procedures are being met. United Personnel has offices in Springfield and Easthampton.

      •••••

      Emma R. Dias has been hired at Cooley Dickinson Hospital in Northampton as an Interpreter to provide on-site services for non-English-speaking patients.

      •••••

      Attorney Lori Rittman Clark has been named to the SS&C SummerWind Performing Arts Center Board of Directors. The arts facility is a 5,000-seat outdoor performing center in Windsor, Conn. Clark is a Partner in the Hartford office of Hinckley, Allen & Snyder, where her practice is in the area of employment law.

      •••••

      Ellen Hatzakis has been named Chief Operating Officer for HAP Housing in Springfield. She has been with HAP Housing for 30 years, most recently as Associate Executive Director for Finance and Administration. She started her career as a Housing Counselor.

      •••••

      Shatz, Schwartz and Fentin, P.C., of Springfield announced that the following attorneys had been named to the 2010 edition of Best Lawyers:
      • Stephen A. Shatz, specializing in banking law, corporate law, and real estate law;
      • Timothy P. Mulhern, specializing in corporate law and tax law;
      • Steven Weiss, specializing in bankruptcy and creditor-debtor rights law;
      • Ann I. Weber, specializing in elder law; and
      • Carol Cioe Klyman, specializing in elder law.

      •••••

      Gordon G. Dinsmore Jr. has been appointed President of Berkshire Life Insurance Co. in Pittsfield. He will be responsible for managing the risk and product portfolio for the two product lines Berkshire issues on behalf of the Guardian Life Insurance Co. of America — disability insurance and long-term care insurance. Berkshire Life Insurance Co. is a wholly owned stock subsidiary of the Guardian Life Insurance Co. of New York.

      •••••

      Attorney Franklin L. Baxley has joined the Springfield law firm Robinson Donovan. Baxley specializes in employment law counseling and litigation.

      •••••

      Drs. Richard Moser, Frederik Pennings, and Julie Pilitsis have joined the medical staff at Wing Memorial Hospital and Medical Center in Palmer. The three board-certified Neurosurgeons are from the UMass Memorial Medical Center in Worcester. The physicians conduct neurosurgical evaluations for pediatric and adult patients with spinal disorders, cerebrovascular disease, movement disorders, brain tumors, and other disorders of the spine and brain. Moser earned his medical degree from Loyola University’s Stritch School of Medicine and completed his surgical residency at the University of Minnesota. Pennings is a graduate of the University of Leyden Medical School in the Netherlands, and completed his surgical residency at the Academic Medical Center of the University of Amsterdam. Pilitsis earned her medical degree from Albany Medical School and completed her surgical residency from Wayne State University in Michigan.

      By
      Departments

      The following bankruptcy petitions were recently filed in U.S. Bankruptcy Court. Readers should confirm all information with the court.

      Ablicki, Jonathan S.
      Ablicki, Jennifer L.
      PO Box 177
      Belchertown, MA 01007
      Chapter: 7
      Filing Date: 08/10/09

      Algozer, Lorraine
      99 3rd St. #1
      Turners Falls, MA 01376
      Chapter: 7
      Filing Date: 07/27/09

      Andrews, James J.
      Andrews, Debra S.
      42 Homestead Ave.
      Greenfield, MA 01301
      Chapter: 7
      Filing Date: 08/01/09

      Arena, Luis A.
      Arena, Carmen L.
      75 Lyman St.
      Holyoke, MA 01040
      Chapter: 7
      Filing Date: 08/12/09

      Arnold, Gary B.
      Arnold, Linda D.
      a/k/a Lewis, Linda D.
      847 South West St.
      Feeding Hills, MA 01030
      Chapter: 7
      Filing Date: 08/07/09

      Atayan, Svetlana
      a/k/a Mnatsakanyan, Svetlana
      67 Manor Court
      Springfield, MA 01118
      Chapter: 7
      Filing Date: 08/05/09

      Auto Test World
      LaPorte, Judy M.
      LaPorte, John J.
      30 Westbrook Ave.
      Ware, MA 01082
      Chapter: 7
      Filing Date: 08/10/09

      Axas, Theodore D.
      47 Oakwood Dr.
      Ludlow, MA 01056
      Chapter: 7
      Filing Date: 08/06/09

      Bailey, Lisa M.
      482 Leyden Road
      Greenfield, MA 01301
      Chapter: 7
      Filing Date: 07/20/09

      Bauer, Robert B.
      11 Anderson Ave.
      Holyoke, MA 01040
      Chapter: 7
      Filing Date: 07/20/09

      Bergeron, Adam J.
      36 Charles St.
      Orange, MA 01364
      Chapter: 7
      Filing Date: 08/01/09

      Bergeron, Jeremy D.
      32 Lewis St.
      Athol, MA 01331
      Chapter: 7
      Filing Date: 08/13/09

      Bergeron, Kyle E.
      89 Union Road
      Wales, MA 01081
      Chapter: 7
      Filing Date: 08/06/09

      Berry Construction
      Berry Transportation
      Berry, David W.
      106 Coes Hill Road
      Southwick, MA 01077
      Chapter: 11
      Filing Date: 07/20/09

      Bird, Deborah A.
      323 East St., Apt. E
      Easthampton, MA 01027
      Chapter: 7
      Filing Date: 07/28/09

      Blais, Eric C.
      Blais, Tracy L.
      340 Montcalm St.
      Chicopee, MA 01022
      Chapter: 7
      Filing Date: 07/20/09

      Boothe, Barbara A.
      a/k/a Ruelle, Barbara A.
      297 Morgan Road
      West Springfield, MA 01089
      Chapter: 13
      Filing Date: 07/30/09

      Bouchard, James A.
      Bouchard, Karla A.
      586 Roosevelt Ave.
      Springfield, MA 01118
      Chapter: 7
      Filing Date: 08/06/09

      Bourdeau, Gyslain M.
      Bourdeau, Sheila M.
      20 Sterling St.
      Chicopee, MA 01020
      Chapter: 7
      Filing Date: 08/04/09

      Bowers, James L.
      Bowers, Tammy A.
      a/k/a McDonald, Tammy A.
      79 Laurel St.
      Athol, MA 01331
      Chapter: 13
      Filing Date: 07/28/09

      Boyd, Christopher Stephen
      Brown-Boyd, Roxanne
      831 South East St.
      Amherst, MA 01002
      Chapter: 7
      Filing Date: 07/31/09

      Boyd, Tracie H.
      60 Allen Road
      Sturbridge, MA 01566
      Chapter: 7
      Filing Date: 08/04/09

      Brown, Eric
      16 West Summit St.
      South Hadley, MA 01075
      Chapter: 7
      Filing Date: 08/03/09

      Brozo, Nancy Jean
      154 Cutler Road
      Warren, MA 01083
      Chapter: 13
      Filing Date: 07/31/09

      Bruno, Arianna Koren
      11 Katelyn Way
      Southampton, MA 01073
      Chapter: 7
      Filing Date: 08/04/09

      Buah-Miezah, Lydia
      a/k/a Ampong, Lydia
      17 Berkshire Ave.
      Pittsfield, MA 01201
      Chapter: 7
      Filing Date: 08/07/09

      Calderon, Celines
      115 Ranney St.
      Springfield, MA 01108
      Chapter: 7
      Filing Date: 08/05/09

      Calkins, Jennifer L.
      a/k/a Platt, Jennifer L.
      146 Reynolds St.
      Ludlow, MA 01056
      Chapter: 7
      Filing Date: 07/20/09

      Camilleri, Richard P.
      14 Upland Road
      Holyoke, MA 01040
      Chapter: 13
      Filing Date: 08/12/09

      Carlson, Paul
      Carlson, Doris L.
      137 Warren Road
      Brimfield, MA 01010
      Chapter: 7
      Filing Date: 07/21/09

      Carmon, Paul M.
      Carmon, Michelle L.
      a/k/a Strauch, Michelle
      58 Euclid Ave.
      Pittsfield, MA 01201
      Chapter: 7
      Filing Date: 07/31/09

      Carnahan-Gavin, Prudence A.
      182 Silver St.
      Greenfield, MA 01301
      Chapter: 7
      Filing Date: 07/20/09

      Carrasquillo, Jr., Roberto
      8 Eddy St.
      Springfield, MA 01104
      Chapter: 13
      Filing Date: 08/04/09

      Carrero, Seleida
      a/k/a Candelaria, Seleida
      70 Broadway St., Apt.
      Chicopee, MA 01020
      Chapter: 7
      Filing Date: 07/22/09

      Cassella, Albert J.
      172 Windsor St.
      West Springfield, MA 01089
      Chapter: 7
      Filing Date: 07/30/09

      Castro, Luis A.
      Santiago, Ruth I.
      a/k/a Castro, Ruth I.
      18 Leyfred Ter.
      Springfield, MA 01108
      Chapter: 7
      Filing Date: 07/20/09

      Cat, Buff Charlie
      Kowaleck, Elizabeth A.
      a/k/a Kowaleck, Becky A.
      42 Park Road
      Sunderland, MA 01375
      Chapter: 7
      Filing Date: 08/14/09

      Cavanaugh, Dawn M.
      224 Mill St.
      Agawam, MA 01001
      Chapter: 7
      Filing Date: 07/27/09

      Chandler, Ruth E.
      18 Duclos Dr.
      Feeding Hills, MA 01030
      Chapter: 7
      Filing Date: 08/06/09

      Charbonneau, Ruthann C.
      8 Ruel St.
      Adams, MA 01220
      Chapter: 7
      Filing Date: 07/31/09

      Choinski, Stanley R.
      145 Little Alum Road
      Brimfield, MA 01010
      Chapter: 7
      Filing Date: 07/30/09

      Clapp, Susan Emerson
      Clapp, Brian E.
      109 Pixley Road
      Great Barrington, MA 01245
      Chapter: 7
      Filing Date: 07/31/09

      Clark, Walter L.
      179 Wells St.
      Greenfield, MA 01301
      Chapter: 7
      Filing Date: 07/21/09

      CMiel, Jason Luke
      245 Greystone Ave.
      West Springfield, MA 01089
      Chapter: 7
      Filing Date: 07/31/09

      Coburn, Kathleen
      102 Ohio Ave.
      Chicopee, MA 01013
      Chapter: 7
      Filing Date: 07/23/09

      Coffey, Ginger
      a/k/a Silva, Ginger
      31 Grove St.
      Wilbraham, MA 01095
      Chapter: 7
      Filing Date: 07/31/09

      Comiskey, Michael P.
      43 Dickinson St.
      Chicopee, MA 01020
      Chapter: 13
      Filing Date: 07/31/09

      Connor, Lisa M.
      PO Box 118
      Feeding Hills, MA 01030
      Chapter: 7
      Filing Date: 08/06/09

      Courchesne, Alan M.
      8 Chudy St.
      Three Rivers, MA 01080
      Chapter: 13
      Filing Date: 07/25/09

      Cox, Bernard
      PO Box 91211
      Springfield, MA 01139
      Chapter: 13
      Filing Date: 08/04/09

      Creamer, Guillermo David
      1 Ladd Road
      Sturbridge, MA 01566
      Chapter: 7
      Filing Date: 07/21/09

      Cuesta, Ricardo
      140 Union St., Apt. D64
      Westfield, MA 01085
      Chapter: 7
      Filing Date: 08/11/09

      Cuevas, Eligio L.
      Cuevas, Aida
      9 Bradford Dr., Apt. B9
      Greenfield, MA 01301
      Chapter: 7
      Filing Date: 08/10/09

      Cusson, Kathleen Ann
      a/k/a Parrott, Kathleen A.
      156 Old Amherst Road
      Sunderland, MA 01375
      Chapter: 7
      Filing Date: 07/22/09

      Cusson, Paul Edward
      156 Old Amherst Road
      Sunderland, MA 01375
      Chapter: 7
      Filing Date: 07/22/09

      Damato, Carlo P.
      826 East St., Unit #13
      Ludlow, MA 01056
      Chapter: 7
      Filing Date: 07/30/09

      Davila, Nelson
      44 Governor St.
      Springfield, MA 01104
      Chapter: 7
      Filing Date: 07/16/09

      Dawkins, Ann M.
      a/k/a Forrester, Ann M.
      23 Miller St.
      Chicopee, MA 01013
      Chapter: 7
      Filing Date: 07/31/09

      DeFlumere, Gloria L.
      125 Silvin Road
      Chicopee, MA 01013
      Chapter: 7
      Filing Date: 07/27/09

      Dellagiustina, Sharon
      253 School St.
      Agawam, MA 01001
      Chapter: 7
      Filing Date: 08/06/09

      Dolinski, Steven
      Dolinski, Jane
      57 Garfield Ave.
      Easthampton, MA 01027
      Chapter: 13
      Filing Date: 07/30/09

      Doney, Michael George
      Doney, Lisa Ellen
      109 Cottage St.
      Easthampton, MA 01027
      Chapter: 7
      Filing Date: 07/29/09

      Doyle Trucking
      Doyle, Dennis Shawn
      Doyle, April Dawn
      a/k/a Houle, April D.
      1282 1/2 South Main St.
      Palmer, MA 01069
      Chapter: 7
      Filing Date: 07/31/09

      Duprey, Matthew R.
      Duprey, Laura M.
      114 Brainard St.
      South Hadley, MA 01075
      Chapter: 7
      Filing Date: 07/20/09

      Duquette, William G.
      91 Mulberry St.
      Springfield, MA 01105
      Chapter: 7
      Filing Date: 08/04/09

      Dyer, Dana R.
      a/k/a Dyer, Dana Ross
      Dyer, Saramarie H.
      390 Montgomery Road
      Westfield, MA 01085
      Chapter: 7
      Filing Date: 08/14/09

      Elfman, Jeremy J.
      833 Riceville Road
      Athol, MA 01331
      Chapter: 7
      Filing Date: 07/18/09

      Ellis, Donald W.
      Ellis, Roxann
      2 Greystone Ave.
      Granby, MA 01033
      Chapter: 7
      Filing Date: 07/18/09

      Elmer, Jennifer L.
      25 Westerly Circle
      Ludlow, MA 01056
      Chapter: 7
      Filing Date: 07/31/09

      Emken, Jeffrey
      146 North Longyard Road
      Southwick, MA 01077
      Chapter: 7
      Filing Date: 07/31/09

      Emken, Julie
      32 Denise Dr.
      Westfield, MA 01085
      Chapter: 7
      Filing Date: 07/31/09

      Ercolino, Richard Joseph
      1139 Westfield St., Apt. 23
      West Springfield, MA 01089
      Chapter: 7
      Filing Date: 08/04/09

      Fabbri, Julie Anne
      108 Washington Road
      Brimfield, MA 01010
      Chapter: 13
      Filing Date: 07/31/09

      Fellows, Michael J.
      205 State St.
      Northampton, MA 01060
      Chapter: 7
      Filing Date: 07/16/09

      Finch, Henrietta M.
      21 Bringham St.
      Springfield, MA 01105
      Chapter: 7
      Filing Date: 07/17/09

      Gagne, Gerard L.
      Gagne, Linda L.
      36 Josephine St.
      Springfield, MA 01108
      Chapter: 7
      Filing Date: 08/11/09

      Gamble-Eddington, Brandi
      42 Thompson St.
      Springfield, MA 01109
      Chapter: 7
      Filing Date: 07/30/09

      Garbiel, Michael J.
      Garbiel, Brenda L.
      28 Newcomb Lane
      Greenfield, MA 01301
      Chapter: 13
      Filing Date: 07/27/09

      Garcia, Heriberto
      760 Memorial Dr.
      Chicopee, MA 01020
      Chapter: 7
      Filing Date: 07/28/09

      Garcia, Tammie J.
      760 Memorial Dr.
      Chicopee, MA 01020
      Chapter: 7
      Filing Date: 07/28/09

      Gaudreault, Jeffrey M.
      Gaudreault, Lisa A.
      147 Central St.
      Athol, MA 01331
      Chapter: 7
      Filing Date: 07/16/09

      Germain, Robert E.
      410 Meadow St.
      Agawam, MA 01001
      Chapter: 7
      Filing Date: 07/31/09

      Gignac, Maryanne E.
      283 Whitney Ave.
      Holyoke, MA 01040
      Chapter: 7
      Filing Date: 08/07/09

      Godere, Tara M.
      15 Felix St.
      Chicopee, MA 01020
      Chapter: 7
      Filing Date: 08/12/09

      Goodreau, Beth Anne
      1391 Parker St.
      Springfield, MA 01129
      Chapter: 7
      Filing Date: 07/22/09

      Goyette, Wallace A.
      Goyette, Loretta T.
      582 East Main St.
      Chicopee, MA 01020
      Chapter: 7
      Filing Date: 07/16/09

      Green, Shanard M.
      Cordeira, Carlie
      a/k/a Green, Carlie
      a/k/a Cordeira, Carlie A.
      342 Southwick Road #85
      Westfield, MA 01085
      Chapter: 7
      Filing Date: 08/05/09

      Greene, James R.
      43-45 Ringgold St.
      Springfield, MA 01107
      Chapter: 13
      Filing Date: 08/06/09

      Grogan, Doreen Ann
      a/k/a Mallett, Doreen A.
      185 Call Road
      Colrain, MA 01340
      Chapter: 7
      Filing Date: 07/17/09

      Hahn, Petrina E.
      c/o George R. Hahn
      34 Jefferson St.
      Holyoke, MA 01040
      Chapter: 7
      Filing Date: 08/11/09

      Hall, Nancy Norwood
      383 East River St.
      Orange, MA 01364
      Chapter: 7
      Filing Date: 08/12/09

      Hamdan, Sonya Ree
      23 N. River Road
      Shelburne Falls, MA 01370
      Chapter: 7
      Filing Date: 07/20/09

      Hanssen, Elizabeth S.
      9 Winter St.
      Easthampton, MA 01027
      Chapter: 7
      Filing Date: 07/16/09

      Hart, Francis J.
      Hart, Cheryl L.
      936 South Athol Road
      Athol, MA 01331
      Chapter: 13
      Filing Date: 07/18/09

      Hastings, Jon P.
      3 Mineral Springs Ave.
      Ludlow, MA 01056
      Chapter: 13
      Filing Date: 07/20/09

      Hennessey, Michael W.
      140 Chestnut St., Apt. 602
      Springfield, MA 01103
      Chapter: 7
      Filing Date: 08/04/09

      Hickling, Linda A.
      a/k/a Rosazza, Linda Anne
      321 Wolf Swamp Road
      Longmeadow, MA 01106
      Chapter: 7
      Filing Date: 08/11/09

      Hodges, Donna J.
      a/k/a Martin, Donna J.
      61 South Westfield St., Apt. 30
      Feeding Hills, MA 01030
      Chapter: 7
      Filing Date: 07/31/09

      Hoffman, Yael
      214 Woodlawn St.
      Springfield, MA 01108
      Chapter: 7
      Filing Date: 07/17/09

      Houle, Sandra I.
      1439 Worcester St.
      Springfield, MA 01151
      Chapter: 7
      Filing Date: 08/05/09

      Howard, Matthew A.
      Howard, Tammy J.
      3 Pine Meadow Dr.
      Southampton, MA 01073
      Chapter: 7
      Filing Date: 08/05/09

      Hurley, David J.
      282 Beauchamp Ter.
      Chicopee, MA 01020
      Chapter: 7
      Filing Date: 07/22/09

      Ingersoll, Michael R.
      Ingersoll, Melissa L.
      229 B Amherst Road
      Belchertown, MA 01007
      Chapter: 7
      Filing Date: 07/20/09

      Jackson, James R.
      Kuzmeski-Jackson, Joanne M
      PO Box 1463
      Belchertown, MA 01007-1463
      Chapter: 7
      Filing Date: 08/03/09

      James, Kate Theresa
      2 Childs Cross Road
      Deerfield, MA 01342
      Chapter: 7
      Filing Date: 07/31/09

      Jeff’s Lawn & Landscaping
      Bellefleur, Jeffrey A.
      Bellefleur, Donna A.
      340 Poplar St.
      Feeding Hills, MA 01030
      Chapter: 7
      Filing Date: 07/27/09

      Jessie’s Roofing & Siding
      Vazquez, Efrain
      83 Prospect St.
      Springfield, MA 01107
      Chapter: 13
      Filing Date: 07/31/09

      JIT Manufacturing, Inc.
      Croteau, Paul Francis
      Croteau, Elizabeth G.
      517 Ideal Lane, Unit 306
      Ludlow, MA 01056
      Chapter: 7
      Filing Date: 07/31/09

      Joubert, Richard H.
      110 Saffron Circle
      Springfield, MA 01129
      Chapter: 13
      Filing Date: 07/23/09

      Juda, Thomas E.
      Juda, Mellissa R.
      1085 South Main St.
      Palmer, MA 01069
      Chapter: 7
      Filing Date: 07/28/09

      Kacoyannakis, Kenneth J.
      Kacoyannakis, Susan A.
      292 Porter Road
      East Longmeadow, MA 01028
      Chapter: 7
      Filing Date: 07/21/09

      Kampew Trucking
      Kampew, Jean-Claude
      4 Cypress Road
      Holyoke, MA 01040
      Chapter: 7
      Filing Date: 07/31/09

      Kampew, Albertine T.
      a/k/a Mwandjombi, Albertine T.
      4 Cypress Road
      Holyoke, MA 01040
      Chapter: 7
      Filing Date: 07/31/09

      Kassel, Elizabeth A.
      1450 North St., #404
      Pittsfield, MA 01201
      Chapter: 7
      Filing Date: 07/24/09

      Keaton, Amy Theresa
      43 Juliette St.
      Chicopee, MA 01013
      Chapter: 7
      Filing Date: 07/20/09

      Kendall, Scott M.
      a/k/a Kittredge, Scott M.
      Kendall, Tiffanie V.
      195 Oakham Road
      Barre, MA 01005
      Chapter: 7
      Filing Date: 07/31/09

      Kenney, John J.
      Kenney, Eleanor M.
      43 Plinn St., Apt. #2
      Pittsfield, MA 01201
      Chapter: 7
      Filing Date: 07/31/09

      Kibler, Anthony John
      Kibler, Tammy Ann
      2358 Wilbraham Road
      Springfield, MA 01129
      Chapter: 7
      Filing Date: 08/06/09

      King, Sherrie A.
      573 Plumtree Road
      Springfield, MA 01118
      Chapter: 7
      Filing Date: 07/28/09

      Kingsley, Shawn J.
      Kingsley, Tiffany A.
      1055 Fairview St.
      Lee, MA 01238
      Chapter: 7
      Filing Date: 08/06/09

      		  

      Kostanski, Brenda E.
      36 Fabyan St.
      West Springfield, MA 01089
      Chapter: 7
      Filing Date: 08/06/09

      Kristek, Stephen P.
      66 Lapa Farm Road
      Chicopee, MA 01013
      Chapter: 7
      Filing Date: 08/10/09

      Kustra Real Estate Trust
      Kustra, Walter E.
      Kustra, Cynthia L.
      121 Washburn Road
      Barre, MA 01005
      Chapter: 7
      Filing Date: 08/15/09

      Landry, Bonnie
      16 Roy St.
      Ludlow, MA 01056
      Chapter: 7
      Filing Date: 07/20/09

      Landry, Paul H.
      Landry, Wanda L.
      17 Sunrise Ter.
      Athol, MA 01331
      Chapter: 7
      Filing Date: 07/28/09

      Langevin, Robert A.
      64 Shepard Road
      Sturbridge, MA 01566
      Chapter: 7
      Filing Date: 08/05/09

      LaPlante, Roberta J.
      169 Bates Road
      Westfield, MA 01085
      Chapter: 7
      Filing Date: 08/07/09

      Le, John B.
      88 Brunswick St.
      Springfield, MA 01108
      Chapter: 13
      Filing Date: 07/31/09

      Levesque, Philip J.
      Bosques-Levesque, Nancy
      653 Roosevelt Ave.
      Springfield, MA 01118
      Chapter: 7
      Filing Date: 07/28/09

      Lewis, Randy J.
      26 1/2 Crown St.
      Westfield, MA 01085
      Chapter: 7
      Filing Date: 08/11/09

      MacKinnon, William Gordon
      MacKinnon, Maureen Margar
      t
      a/k/a Faust, Maureen M.
      46 Brittany Road
      Indian Orchard, MA 01151
      Chapter: 7
      Filing Date: 07/22/09

      Maher, William M.
      73 Donna Ave.
      Pittsfield, MA 01201
      Chapter: 7
      Filing Date: 08/14/09

      Mailloux, Robert J.
      645 Warren Wright St.
      Belchertown, MA 01007
      Chapter: 7
      Filing Date: 07/22/09

      Maio, Ernesto Manuel
      Maio, Christine Marie
      Maid, Christine M.
      Burne, Christine
      9 Clover Ave.
      Chicopee, MA 01013
      Chapter: 7
      Filing Date: 07/31/09

      Marini, Heather E.
      87 West Akard St.
      Ludlow, MA 01056
      Chapter: 7
      Filing Date: 08/06/09

      Martinez, Jennifer A.
      105 West Main St.
      North Adams, MA 01247
      Chapter: 7
      Filing Date: 08/12/09

      McAuliffe, William T.
      18 Water Lane
      Easthampton, MA 01027
      Chapter: 7
      Filing Date: 08/13/09

      McCorkindale, Jeffrey C.
      McCorkindale, Carrie L.
      18 Wareham St.
      Springfield, MA 01108
      Chapter: 7
      Filing Date: 07/31/09

      McCormack, Edward J.
      McCormack, Mary R.
      57 Old Farm Road
      Sturbridge, MA 01566
      Chapter: 7
      Filing Date: 07/28/09

      McCoy, Sarah L.
      a/k/a Kunda, Sarah L.
      6 David St.
      Southampton, MA 01073
      Chapter: 7
      Filing Date: 07/16/09

      McCullough, Lori A.
      a/k/a Webster, Lori A.
      42 Day St.
      Agawam, MA 01030
      Chapter: 7
      Filing Date: 08/05/09

      McDonough, Paul E.
      McDonough, Karen A.
      208 E. Quincy St.
      North Adams, MA 01247
      Chapter: 13
      Filing Date: 07/28/09

      McNaughton, Howard D.
      McNaughton, JoAnn
      203 Roosevelt Ave.
      Springfield, MA 01118
      Chapter: 7
      Filing Date: 08/10/09

      Mcneice, Joseph F.
      Mcneice, Jennifer B.
      a/k/a Mangano, Jennifer
      110 Columbia St.
      Adams, MA 01220
      Chapter: 7
      Filing Date: 07/24/09

      Mello, Kimberly I.
      71 Lincoln Ave.
      South Hadley, MA 01075
      Chapter: 7
      Filing Date: 08/13/09

      Mendel, Mark H.
      Mendel, Jennifer A.
      26 Reuter Ave.
      Pittsfield, MA 01201
      Chapter: 7
      Filing Date: 07/29/09

      Mercier, Rachel M.
      PO Box 1125
      Warren, MA 01083
      Chapter: 7
      Filing Date: 07/22/09

      Messer, Bart Douglas
      Messer, Laurie Marie
      341 Monson Turnpike Road
      Ware, MA 01082
      Chapter: 7
      Filing Date: 08/13/09

      Mills, Joshua C.
      52 Lindsay Road
      Springfield, MA 01128
      Chapter: 7
      Filing Date: 08/12/09

      Moreno, Denise L.
      a/k/a Jemenez, Denise
      181 South St.
      Chicopee, MA 01013
      Chapter: 7
      Filing Date: 07/29/09

      Moresi, Robin T.
      47 Forest Place, Apt. 4
      Pittsfield, MA 01201
      Chapter: 7
      Filing Date: 07/17/09

      Murphy, Kevin W.
      Murphy, Patricia A.
      49 Field St.
      West Springfield, MA 01089
      Chapter: 13
      Filing Date: 07/29/09

      Nee, Patrick J.
      Nee, Patricia L.
      26 Greensleaves Dr.
      Amherst, MA 01002
      Chapter: 7
      Filing Date: 08/11/09

      Nicoletti, Nicholas T.
      Nicoletti, Kathleen S.
      a/k/a Coleman, Kathleen S.
      54 West. River St.
      Orange, MA 01364
      Chapter: 13
      Filing Date: 07/28/09

      Nunes, Thomas J.
      54 Saint James Ave.
      Holyoke, MA 01040-2321
      Chapter: 7
      Filing Date: 08/13/09

      Ocasio, Gilbert Michael
      Ocasio, Candy Lynn
      98 Turkey Hill Road
      Belchertown, MA 01007
      Chapter: 13
      Filing Date: 07/28/09

      O’Donnell, Peter K.
      O’Donnell, Nancy E.
      32 Chickering St.
      Pittsfield, MA 01201
      Chapter: 7
      Filing Date: 07/23/09

      On the House Builders
      Van Iderstine, Bruce
      176 Hawk Hill Road
      Charlemont
      Shelburne Falls, MA 01370
      Chapter: 7
      Filing Date: 07/23/09

      Opalenik, Daniel
      108 Camden St.
      S. Hadley, MA 01075
      Chapter: 7
      Filing Date: 08/06/09

      Pagan, Alba N.
      112 Marble St.
      Springfiled, MA 01105
      Chapter: 7
      Filing Date: 08/06/09

      Palmer, Christofer A.
      Palmer, Cynthia M.
      a/k/a Palmer, Cindy M.
      a/k/a Marinello, Cynthia
      32 Birch St.
      Ludlow, MA 01056
      Chapter: 7
      Filing Date: 08/10/09

      Pape, Kathleen H.
      74 Common St.
      Barre, MA 01005
      Chapter: 7
      Filing Date: 08/11/09

      Parker, Jeremiah J.
      Parker, Debra E.
      20 Michigan Ave.
      Pittsfield, MA 01201
      Chapter: 7
      Filing Date: 07/17/09

      Peirce, Herbert J.
      152 East Road
      Orange, MA 01364
      Chapter: 7
      Filing Date: 07/20/09

      Pereira, Candace Ann
      a/k/a Driscoll, Candace Ann
      639 Fuller St.
      Ludlow, MA 01056
      Chapter: 7
      Filing Date: 07/17/09

      Perez, Lena A.
      Perez, Hector L.
      12 Longwood Court
      Chicopee, MA 01020
      Chapter: 7
      Filing Date: 07/28/09

      Peterson, Kurt E.
      473 Wilder Hill Road
      Shelburne Falls, MA 01370
      Chapter: 7
      Filing Date: 08/13/09

      Peterson, Kurt Ernest
      473 Wilder Hill Road
      Shelburne Falls, MA 01370
      Chapter: 13
      Filing Date: 07/28/09

      Phommasith, Bounleung
      1448 State St.
      Springfield, MA 01109
      Chapter: 7
      Filing Date: 07/31/09

      Pickard, Elizabeth
      59 Factory St.
      Chicopee, MA 01013
      Chapter: 7
      Filing Date: 07/28/09

      Placanico, Anthony J.
      131 Breckinridge St.
      Palmer, MA 01069
      Chapter: 7
      Filing Date: 08/03/09

      Place, Ransom Y.
      94 Summer Dr.
      Southwick, MA 01057
      Chapter: 7
      Filing Date: 08/12/09

      Powell, Russell M.
      Powell, Jennifer L.
      1954 Main St.
      Athol, MA 01331
      Chapter: 7
      Filing Date: 07/28/09

      Preston, David
      1159 River Road
      Agawam, MA 01001
      Chapter: 7
      Filing Date: 07/31/09

      Quick Tan
      Gubala, Mary M.
      311 Hillside Ave.
      Holyoke, MA 01040
      Chapter: 7
      Filing Date: 07/20/09

      Rachmaciej, Deborah J.
      a/k/a Hatt, Deborah Jean
      170 Rocky Hill Road
      Florence, MA 01062
      Chapter: 7
      Filing Date: 07/31/09

      Raines, Patricia A.
      424 Michael Sears Road
      Belchertown, MA 01007
      Chapter: 7
      Filing Date: 07/20/09

      Rapport, Pamela I.
      a/k/a Sutowski, Pamela I.
      10 Sumner Ave.
      Apt. 17
      Springfield, MA 01108
      Chapter: 7
      Filing Date: 08/04/09

      Rarick, David F.
      Rarick, Grayce E.
      1 Mark Lane
      North Adams, MA 01247
      Chapter: 7
      Filing Date: 07/24/09

      Raymond, James M.
      3 Cypress Road
      Holyoke, MA 01040
      Chapter: 7
      Filing Date: 07/20/09

      Reynolds, Courtney T.
      95 Creamery Road
      Great Barrington, MA 01230
      Chapter: 7
      Filing Date: 07/29/09

      Richards, Donna M.
      21 Chantilly Ave.
      North Adams, MA 01247
      Chapter: 7
      Filing Date: 08/12/09

      Riether, Cathy J.
      59 Mandaley Road
      Chicopee, MA 01020
      Chapter: 7
      Filing Date: 07/16/09

      Rivas, Herlyn Jessica
      a/k/a Simon, Herlyn Jessica
      35 Hadley Road, #205
      Sunderland, MA 01375
      Chapter: 7
      Filing Date: 07/17/09

      Rizzo, Georgina
      6 Crestwood St.
      Holyoke, MA 01040
      Chapter: 7
      Filing Date: 07/16/09

      Robert, Danielle M.
      176 Hampden St.
      Chicopee, MA 01013
      Chapter: 7
      Filing Date: 07/29/09

      Roberts, Delmore A.
      31A Church St.
      Easthampton, MA 01027
      Chapter: 7
      Filing Date: 07/23/09

      Robinson, Craig M.
      142 Oak Grove Ave.
      Springfield, MA 01109
      Chapter: 7
      Filing Date: 07/31/09

      Rock, Michael J.
      34 Olmsted Dr.
      Springfield, MA 01108
      Chapter: 7
      Filing Date: 08/05/09

      Rodriguez, Elier
      124 Westfield Road
      Holyoke, MA 01040
      Chapter: 7
      Filing Date: 08/12/09

      Rood, Thomas J.
      Rood, Diane L.
      41 West Silver St.
      Westfield, MA 01085
      Chapter: 7
      Filing Date: 07/17/09

      Rosa, George J.
      805 East Guinea Road
      Williamsburg, MA 01096
      Chapter: 7
      Filing Date: 08/12/09

      Roy, Brett G.
      299 Grattan St., #3
      Chicopee, MA 01020
      Chapter: 7
      Filing Date: 07/31/09

      Rupprecht, Delia
      92 Cummings Ave.
      Pittsfield, MA 01201
      Chapter: 13
      Filing Date: 07/31/09

      Rutherford, Joseph W.
      Rutherford, Marylouise
      202 Gilbert Ave.
      Springfield, MA 01119
      Chapter: 7
      Filing Date: 08/12/09

      Rydzak, John P.
      Rydzak, Linda L.
      13 Edward Dr.
      Holyoke, MA 01040
      Chapter: 7
      Filing Date: 07/31/09

      Sakowicz, Jeffrey M.
      Sakowicz, Angela M.
      350 River Bend St., Unit 8
      Athol, MA 01331
      Chapter: 7
      Filing Date: 07/18/09

      Santos, Luz B.
      40 Summit St., Apt. 6
      Springfield, MA 01104
      Chapter: 7
      Filing Date: 07/31/09

      Saulsberry, Leslie A.
      990 North Pleasant St.
      Amherst, MA 01002
      Chapter: 7
      Filing Date: 08/12/09

      Shaughnessy, Patrick J.
      170 West King St.
      Holyoke, MA 01040
      Chapter: 7
      Filing Date: 07/23/09

      Shephard, Paul James
      Shephard, Stephanie Marie
      31 Eldridge St.
      Chicopee, MA 01013
      Chapter: 7
      Filing Date: 07/24/09

      Sierra, Gladys
      112 Pembroke St.
      Springfield, MA 01104
      Chapter: 7
      Filing Date: 07/16/09

      Skowera, Paul C.
      28 Riverside Ave.
      Agawam, MA 01001
      Chapter: 7
      Filing Date: 08/10/09

      Smith, Diane K.
      155 Marble St., Apt 47
      Lee, MA 01238
      Chapter: 7
      Filing Date: 07/31/09

      Sousse, Heidi Lynn
      a/k/a Kellogg, Heidi L.
      81 Conz St. #628
      Northampton, MA 01060
      Chapter: 7
      Filing Date: 07/16/09

      Spence, Katherine M.
      22 Lessey St., Apt 102
      Amherst, MA 01002
      Chapter: 7
      Filing Date: 07/22/09

      Spong, Elizabeth A.
      10 Trumbull Road
      Northampton, MA 01060
      Chapter: 7
      Filing Date: 08/12/09

      Staton, Phoebe Cherrie
      100 Forest Hills Road
      Springfield, MA 01128
      Chapter: 13
      Filing Date: 08/07/09

      Stephenson, Henry H.
      Stephenson, Kathleen A.
      a/k/a Davenport, Kathleen A.
      26 Westview Ter.
      Easthampton, MA 01027
      Chapter: 7
      Filing Date: 08/12/09

      Stibolt, Kirsten J.
      36 Buena Vista Plaza
      Springfield, MA 01108
      Chapter: 7
      Filing Date: 07/21/09

      Styckiewicz, Sheri L.B.
      955 McKinstry Ave.
      Chicopee, MA 01020
      Chapter: 7
      Filing Date: 07/18/09

      Sunnyside Up Restaurant
      Nunes, Gerald E.
      Nunes, Karen A.
      179 Carver St.
      Springfield, MA 01108
      Chapter: 7
      Filing Date: 08/05/09

      Swanner, James M.
      Swanner, April M.
      37 Apremont St.
      Adams, MA 01220
      Chapter: 7
      Filing Date: 07/28/09

      Talbot, Vanessa D.
      549 Russell Road, Unit 11-C
      Westfield, MA 01085
      Chapter: 7
      Filing Date: 07/29/09

      Thompson, Barry S.
      Thompson, Carolyn A.
      46 McClellan Farm Road
      Deerfield, MA 01342
      Chapter: 7
      Filing Date: 07/21/09

      Thornton, Carol D.
      45 Washington St.
      Monson, MA 01057
      Chapter: 7
      Filing Date: 07/21/09

      Toporowski, Kenneth Lee
      30 Old Holyoke Road
      Westfield, MA 01085
      Chapter: 7
      Filing Date: 08/04/09

      Torres, Jose E.
      Vazquez, Mariel
      80 Harkness Ave.
      Springfield, MA 01118
      Chapter: 7
      Filing Date: 07/22/09

      Torres, Rosa
      117 Sanderson St.
      Springfield, MA 01107
      Chapter: 7
      Filing Date: 07/16/09

      Truong, Thuy
      88 Brunswick St.
      Springfield, MA 01108
      Chapter: 13
      Filing Date: 07/31/09

      Vacirca, Joseph W.
      Vacirca, Marsha Y.
      29 Carlton St.
      Springfield, MA 01108
      Chapter: 7
      Filing Date: 08/03/09

      Vega, Richard
      21 Cyman Dr.
      Chicopee, MA 01013
      Chapter: 7
      Filing Date: 07/29/09

      Vennert, Daniel D.
      316 South Main St.
      Monson, MA 01057
      Chapter: 7
      Filing Date: 07/21/09

      Vera, Jose A.
      421 Nottingham St.
      Springfield, MA 01104
      Chapter: 7
      Filing Date: 07/24/09

      Wadman, Carol L.
      510 South Barre Road, Apt. 1
      Barre, MA 01005
      Chapter: 7
      Filing Date: 07/28/09

      Washburn, Trinity Marie
      Washburn, Shimon
      104 Dunphy Dr.
      Northampton, MA 01060
      Chapter: 7
      Filing Date: 08/11/09

      Waters, Mary A.
      109 Oak Ave.
      Athol, MA 01331
      Chapter: 7
      Filing Date: 07/30/09

      Watkins, Mark A.
      221 Cloverdale St.
      Pittsfield, MA 01201-8526
      Chapter: 7
      Filing Date: 07/17/09

      Weaver, Minette C.
      245 Main St.
      PO Box 202
      Ashfield, MA 01330
      Chapter: 7
      Filing Date: 07/16/09

      Wentworth, Dennis E.
      Wentworth, Kathleen N.
      7 Reed Hill Road
      Wales, MA 01081
      Chapter: 13
      Filing Date: 07/16/09

      Weselovs, Shannon Leigh
      7 Eddy St.
      Orange, MA 01364
      Chapter: 7
      Filing Date: 07/23/09

      White, Bertha L.
      47 Alden St.
      Springfield, MA 01109
      Chapter: 7
      Filing Date: 07/20/09

      Whittaker, Karen S.
      a/k/a Bergeron, Karen S.
      77 Overlook Dr.
      Florence, MA 01062
      Chapter: 7
      Filing Date: 07/23/09

      Wilde Bonzek, Jeffrey
      Wilde Bonzek, Andreya
      16 Juckett Hil Dr.
      Belchertown, MA 01007
      Chapter: 7
      Filing Date: 07/30/09

      Willhite, Gary
      Willhite, Candace
      440 Twichell St.
      Athol, MA 01331
      Chapter: 7
      Filing Date: 07/16/09

      Wood, Eric S.
      Wood, Elizabeth L.
      a/k/a Popp, Elizabeth L.
      219 Saratoga Ave.
      Chicopee, MA 01013
      Chapter: 7
      Filing Date: 07/29/09

      Woodward, Cynthia I.
      124 Washington Road
      Springfield, MA 01108
      Chapter: 7
      Filing Date: 08/12/09

      Wright, Regina
      117D Ashley Ave.
      West Springfield, MA 01089
      Chapter: 7
      Filing Date: 07/30/09

      Yacovone, Leia C.
      28 Orange St.
      Westfield, MA 01085
      Chapter: 7
      Filing Date: 07/24/09

      By
      Departments

      The following business incorporations were recorded in Hampden, Hampshire, and Franklin counties and are the latest available. They are listed by community.

      AMHERST

      People’s Acupuncture Clinic Inc., 228 Triangle St., Amherst, MA 01002. Benjamin F. Feeley, 222 East St., Amherst, MA 01002. Acupuncture and other health issues.

      CHICOPEE

      Complete Restoration Solutions Inc., 165 Front St., 4th floor, Chicopee, MA 01013. Joseph M Gillette, 6 Shady Lane, West Simsbury, CT 06092. Fire restoration.

      D-N-D Construction Inc., 299 Columba St., Chicopee, MA 01020. George E. Doup, same. Construction.

      SMV Construction Inc., 148 Labelle Dr., Chicopee, MA 01020. Stephen M. Vitorino, Same. General contracting and residential home improvements.

      EAST LONGMEADOW

      New England Mezzanine Inc., 100 Denslow Road, East Longmeadow, MA 01028. John Maybury, 215 Prospect St., East Longmeadow, MA 01028. Manufacturing and construction of office parts fabricated from steel or other material.

      GRANBY

      The Granby Firefighter’s Association Inc., 250 State St., Granby, MA 01033. Matthew Bail, 10 Summit Road, Belchertown, MA 01007. To provide entertainment.

      HOLYOKE

      A&B Tax and Bookkeeping Service Inc., 326 Appleton St., Suite 10, Holyoke, MA 01040. Armando Santiago, 80 West St., Holyoke, MA 01040. Tax and bookkeeping services.

      Applied Light Manufacturing Inc., 48 Commercial St., Holyoke, MA 01040. Kathleen M. Macy, same. Manufacturing laser job shop-equipment fabrication.

      NORTHAMPTON

      16 Main Street Inc., 16 Main St., Unit 2, Northampton, MA 01060. Thomas Chow, same. To own and lease rental property and manage real estate.

      		  

      Daley Clinical Research Consulting Inc., 34 Warburton Way, Northampton, MA 01060. Charles Daley, same. Consulting.

      SOUTH HADLEY

      Gestation Miracles Corporation, 62 McKinley Ave., Apt 1 RT, South Hadley, MA 01075. Kelly Marie Mojica-Pozo, Same. To provide financial assistance for in-Vitro Fertilization and certain necessary medications to couples, families, and individuals through the United States.

      SOUTHWICK

      Campari’s Inc., 784 College Highway, Southwick, MA 01077. Tracy V. Mountain, 35 Woodlawn Way, Russell, MA 01071. Restaurant.

      SPRINGFIELD

      El Probocon Restaurant Corporation, 152 Rifle St., Springfield, MA 01105. Maria Celeste Pacheco, 4 Langdong St., Springfield, MA 01104. Selling cooked food, specializing in fried chicken.

      Meche Beauty Salon & Spa Inc., 894 Main St., Springfield, MA 01103. Ana M. Cortes, 104 Melha Ave., Springfield, MA 01104. Beauty Salon.

      TNM Enterprises Inc., 1038 Wilbraham Road, Springfield, MA 01109. Mark Bajek, 118 Lincoln Park, Longmeadow, MA 01106. Retail sales of beer, wine, and spirits.

      WESTFIELD

      Bandjo Enterprises Inc., 571 Granville Road, Westfield, MA 01085. Brian D. Cook, Same. Personal fitness training.

      WILBRAHAM

      Gravel Partners Company, 2660 Boston Road, Wilbraham, MA 01095. Nancy Schechterle, 14 Rice Dr., Wilbraham MA 01095. Truck and equipment leasing.

      Beyond Recognition

      By
      Bob Greeley, left, and Zane Mirkin
      Sections Supplements
      60 Congress St. Gets a Facelift and a Clean Slate
      Bob Greeley, left, and Zane Mirkin

      Bob Greeley, left, and Zane Mirkin say the accessibility of 60 Congress St. should help fill the building, even in a down economy.

      While speculative building is certainly risky in this economy, Zane Mirkin and Jerry Gagliarducci thought they were on solid ground when they acquired 60 Congress St., aka the ‘Hooters Building.’ They’re off to a strong start with the signing of the Pioneer Valley Planning Commission as lead tenant, and believe they can fill what’s left quickly due to the building’s great location and a facelift that is making its past use a distant memory.

      Bob Greeley calls it “changing the mass.”

      That’s a development industry term (sort of), he said, that is used to describe the process of dramatically altering a building’s appearance so that no one will know what it was before — or care.

      To say that the mass has been changed at 60 Congress St. in Springfield would be a real understatement, at least in light of some the anecdotes shared by Greeley, president of the R.J. Greeley Co., who helped orchestrate this highly visible project.

      60 Congress St. — before, during, and after.

      “I’ve had a lot of people ask me if this a new building,” he said of the structure, which was built nearly a century ago and has seen a number of uses, including, most recently, home to a certain chain restaurant noted for its provocatively dressed waitresses. “And one person said to me recently, ‘this was the Hooters building?’”

      That’s exactly the kind of comments Greeley and the two partners/developers in this endeavor, Zane Mirkin and Jerry Gagliarducci, had in mind when they demolished one section of the four-story structure, completely gutted what was left, built a small addition, and put on a new façade.

      Actually, the real goal was and is to remove the phrase ‘Hooters building’ from the local lexicon — and sooner rather than later.

      “We certainly don’t use that term anymore,” said Greeley, referring to those at his firm who call it simply, ‘60 Congress St.’ He believes that with time, and perhaps not much of it, that will become the name commonly used in Greater Springfield. And to help move matters along, the developers have affixed the numeral 60 (five feet high) to all four sides of the building.

      They can be seen by a great many people, said Mirkin, president of Associated Building Wreckers, who, while offering a tour of the facility along with Greeley, gestured with his hand while looking out huge windows facing south, west, and north. With that view, people can see cars traversing Routes 91 and 291, as well as Main Street and other major arteries. “This is a very visible, very accessible site.”

      It is this attractive location that inspired Mirkin and Gagliarducci to undertake what amounts to speculative development at the height of the worst recession in 70 years, and it prompted optimism from Greeley as he discussed the task of filling the remaining space.

      The Pioneer Valley Planning Commission (PVPC) has taken the first two floors, or roughly 60% of the 30,000 square feet available, and Greeley says there’s been a good deal of interest in floors three and four, which can accommodate one or several tenants each within their 6,000 square feet.

      “We’ve had some interest from the medical sector,” he said, noting that there are many medical offices within a few blocks of the building, as well as the close proximity of Baystate Medical Center and Mercy Medical Center. “But we’re seeing it from many other sectors as well; I’ve had a lot of calls.”

      New Lease on Life

      Recalling his Springfield history, Greeley told BusinessWest that 60 Congress St. was long home to the American Linen Supply company and was the only building in a three- or four-block area of the North End not to be razed during what became widely known as the ‘bulldozer era’ of urban renewal in the early and mid-1960s.

      “It managed to survive all that somehow,” he explained. “It was a solid building, in pretty good shape — so they let it stand.”

      More than four decades later, it’s still there, although no one would recognize it — which is exactly the point of the exercise undertaken by Mirkin and Gagliarducci, president of Gagliarducci Construction, with a little coaxing from Greeley.

      He has worked with those businessmen on several commercial real estate developments in Greater Springfield, and saw, in 60 Congress St., what he considered another excellent opportunity.

      Greeley told BusinessWest that he had been “chasing” the building for some time, meaning that he had been monitoring the situation — the building had been vacant for some time after Hooters and another restaurant on that site closed down — and watching for circumstances to come together for practical reuse.

      He approached Mirkin and Gagliaducci to discuss what he considered to be vast potential at the site, but said he really didn’t have to sell them on the idea.

      “Instead, it pretty much sold itself,” he continued, adding quickly that, despite some structural challenges and the softened economy, the property had what he called “all the right ingredients” for success, including visibility, accessibility, and abundant on-site parking.

      Together, these provided more than enough selling points for Mirkin and Gagliarducci, who prevailed at the second of two auctions on the property roughly a year ago.

      This would become latest in a string of real-estate endeavors for the two partners. They came together for a development of an office complex on Dwight Road at the Longmeadow/East Longmeadow line, and also on a property on Brookdale Drive in Springfield that became home to Branford Hall. They also worked together on a project involving a former Peter Pan bus-repair facility on Arnold Avenue in Springfield.

      What the two saw in 60 Congress St. was a chance to breathe some life into a North End landmark that had somehow fallen into dormancy, and they took what amounted to a considerable risk given the economy and a soft real-estate market that has flooded the region with vacancies and ‘for-lease’ signs.

      But they were helped tremendously by the plight of the PVPC. The agency had been located on the top floor of the municipal office building in West Springfield for more than 20 years, but was informed in 2007 that the city needed that space. It was only a few months after Mirkin and Gagliaducci purchased the building when talks commenced about the agency about moving to that address.

      By then, the partners had already engaged the architectural firm Caolo & Bieniek and Saloomey Construction Co. to design to execute this “changing of the mass” that Greeley described.

      A small portion of the original structure was demolished, and a new entrance element, featuring an elevator, stairwell, and common space, was added. A number of structural changes were made to bring the 99-year-old edifice up to modern building codes (earthquake-proofing it, for example), said Mirkin, and the property was essentially gutted to its four walls.

      The signing of the PVPC as the primary tenant provided a real sense of urgency and moved matters along very quickly, said Greeley, noting that the developers set and met an aggressive timetable to have the agency moved in by Sept. 1.

      As for the task of filling the remaining space, Greeley told BusinessWest that he had been reluctant to show prospective tenants a work in progress or architects’ renderings of what a renovated 60 Congress St. would look like. But now that the work is essentially completed, he’s making up for lost time.

      “I wanted to wait until it was finished,” he explained. “It’s hard to sell people on a drawing. Now that people can see what’s been done, it will be much easier to sell them on this address.”

      Success Stories

      As he walked across the fourth floor of 60 Congress St., admiring the views of downtown Springfield that it provides, Greeley conjectured that it wouldn’t be long before the top two floors of the building — which have gone virtually unused for two decades — would again be teeming with activity.

      And by then, the phrase ‘Hooters Building’ should be that much closer to being a term out of use.

      That’s what happens when a building’s mass is changed — not to mention its fortunes.

      George O’Brien can be reached at

      [email protected]

      The Benefits of Low Interest Rates

      By
      Sections Supplements
      How They Can Impact Gift- and Estate-tax Planning Strategies

      The Applicable Federal Rates (AFR) established by the Internal Revenue Service have a substantial impact on various gift- and estate-planning strategies. Each month the IRS determines the interest rate that must be used to measure the present value of annuities, income interests, and remainder interests for gift-tax purposes. This is known as the ‘Section 7520 rate.’

      Low AFR rates are particularly beneficial to certain gift- and estate-tax planning strategies, and thus create opportunities for transferring assets to the next generation without, or with fewer, gift- and estate-tax consequences. This article discusses strategies for realizing these benefits.

      Intra-family Loans

      An example of an intra-family loan is when a parent loans money to a child and the child issues the parent a promissory note evidencing the loan. The then-applicable AFR rate is the minimum interest rate the parent must charge on such a loan to avoid potential gift-tax problems. Another example is a similarly structured loan from a grandparent to a grandchild. However, with respect to the intra-family loans, it is important that the payments required under the note actually be paid to the lender. Moreover, any forgiveness of debt by the lender will constitute a gift to the borrower, which could lead to gift- or income-tax consequences.

      Generally, the loan proceeds are invested by the borrower with the expectation that the return on those invested assets will be greater than the interest rate on the promissory note. Thus, the net effect of such a loan should be that the future appreciation of the invested assets in excess of the interest rate on the promissory note will go to the borrower as a tax-free gift.

      Loan to Grantor Trust

      A loan by a parent, for example, to an irrevocable trust that the parent established is also very effective. However, such a trust should have some other assets to repay the loan that is made to the trust. Otherwise, the IRS might contend that the lender retained an interest in the trust for estate-tax purposes.

      If it is a ‘grantor trust,’ it will provide even greater benefits. If the trust is properly drafted and administered, the trust assets will not be subject to estate taxes upon the death of the grantor. Additionally, because of grantor trust status, all the net taxable income of the trust is reported by the grantor on his or her own personal income tax return. This results in the trust being able to grow faster since the income taxes attributable to the trust’s taxable income are paid by the grantor and not by the trust.

      From an income tax point of view, it’s as if the grantor had made the loan to himself. The intra-family loan to the grantor trust should have no income-tax consequences since the interest is not taxable to the grantor. The tax laws do not treat the income-tax payment made by the grantor as an indirect gift to the trust. The promissory note from the trustee of the trust should use the minimum AFR rate.

      Sale to Grantor Trust

      Another type of intra-family loan involves the sale of appreciated assets to a grantor trust in exchange for a promissory note from the trustee of the trust using the minimum AFR rate (unless the lender wants a higher rate). Because of the grantor trust status, there is no income tax on the difference between the value of the asset sold to the trust and its cost basis.

      The payment of interest by the trust to the grantor has no income-tax consequences. It is neither deductible by the trust nor treated as interest income by the grantor. With respect to this type of sale, it is very important, however, that the promissory note be paid in full to the grantor before his or her death. Otherwise, the non-recognized gain at the time of the original sale to the trust might be recognized in the event that the trust still has a debt to the grantor at the time of his or her death.

      This type of sale can be leveraged if the sale involves a fractional interest in an asset rather than the entire asset. The value of a fractional interest in an asset should be less than its percentage value of the entire asset because a bona fide purchaser would insist on a discount for purchasing a fractional interest.

      Grantor Retained Annuity Trust

      A Grantor Retained Annuity Trust (GRAT) provides an excellent opportunity for someone who wants to pass wealth to his or her next generation and minimize transfer taxes (e.g., gift or estate taxes). The GRAT is an irrevocable trust for a term of years to which the grantor makes a one-time transfer of property. The grantor retains the right to receive a fixed payment at least annually from the GRAT for the specified term of years.

      At the time of the transfer, the grantor makes a gift calculated on the present value of the remainder interest. At the end of the term of years, the trust property is distributed to or held for the benefit of the remainder persons named in the trust.

      The grantor-beneficiary of the trust must outlive the term of years in order for the GRAT to remove the trust assets from the grantor’s estate. As with many of the techniques, the successful use of a GRAT calls for a balance of factors. The longer the term and the larger the annual payment, the lesser the amount of the gift that reverts to the next generation. On the other hand, the longer the term, the greater the risk that the grantor-beneficiary of the trust will predecease that term, in which case the then-value of the GRAT is includable in the deceased grantor’s estate. However, if the grantor dies during the term of the GRAT, the estate of the deceased grantor is no worse off than if that grantor had never used the GRAT (except for the cost of having set up the GRAT).

      Private Annuity

      Private annuities provide various tax advantages. In a typical transaction, a parent transfers property to his or her child, and the child gives an unsecured promise to pay the parent a fixed amount of periodic income for life. To avoid a gift, it is important to structure the private annuity so that the value of the assets transferred to the child equals the present value of the annuity to be paid. With a lower AFR rate, the amount the child has to pay as an annuity to his or her parent is less.

      The private annuity is a good strategy when the parent has a short life expectancy. This is due to the fact that the private annuity automatically terminates upon the annuitant’s death. If the parent is deemed to be terminally ill, then the mortality component of the IRS valuation tables cannot be used to determine the present value of the annuity. A person is deemed to be terminally ill if there is at least a 50% probability that he or she will die within one year.

      However, a private annuity certainly becomes disadvantageous if the annuitant lives beyond his or her life expectancy since the payments must be made for the annuitant’s lifetime. Moreover, it is important to note that the payer of the private annuity does not get a tax deduction for any of the payments made, which would be the case if the transaction had instead involved a loan by the parent.

      Charitable Gift Annuities

      An increasingly popular method of benefiting a charity, but with the donor receiving regular payments from the charity, is through a charitable gift annuity. Many charities offer these annuity opportunities. With a low AFR rate, the potential income-tax charitable deduction for the gift annuity will be less, but a lower AFR rate permits a higher portion of the annuity payments to be received income tax-free. This would be particularly valuable to an individual who does not itemize his or her deductions.

      Charitable Lead Trust (CLT)

      A charitable lead trust (CLT) is a trust that pays income to a charity for a period of years, after which the trust assets revert back to the grantor. If the CLT is established upon the grantor’s death, then the reversion would be to the individuals and/or trust designated to receive the trust assets upon the expiration of the time period. If the CLT is set up as a grantor trust, the grantor will be taxed on the trust income each year but will receive, in the first year that the trust is funded, a charitable deduction for the present value of the charity’s interest over the specified period of years. A low AFR rate results in a lower present value of the reversionary interest to the grantor or other beneficiaries, and thus increases the grantor’s charitable deduction.

      Using a non-grantor CLT, there is no initial charitable deduction, but the grantor is not taxed on the CLT income each year. Instead of the trust assets at the end of the term reverting to the grantor, the assets are distributed to named family members, other third persons, or trusts. The low AFR rate increases the present value of the charitable interest and thus reduces the value of the remainder interest for determining whether there is a gift subject to a gift tax (if the CLT was funded during the grantor’s lifetime), or whether the value of the remainder interest is subject to an estate tax (if the CLT was funded upon the grantor’s death).

      Charitable Remainder Interest in Personal Residence

      An individual can make an outright gift of his personal residence to charity but retain a life estate to continue to use and occupy the personal residence during his or her lifetime. The residence may be the primary or secondary residence. When a low AFR rate is applied, the present value of the charity’s remainder interest is higher, and thus the donor receives a larger income-tax charitable deduction.

      When a Low AFR is Detrimental

      A low AFR rate makes it more difficult to properly structure a charitable remainder trust (CRT). The typical CRT is funded by the grantor and provides for a fixed percentage payment each year to the grantor during the grantor’s lifetime or for a specific term of years. On the grantor’s death or the expiration of the term of years, the CRT’s assets are distributed to charity. The grantor should get a partial income-tax charitable deduction when he or she funds the CRT. Additionally, appreciated assets can be used to fund a CRT, and the trust in turn can then sell the assets without any tax on the gain. If the payout rate to the beneficiary is greater than the income of the CRT, however, then some of that non-taxed gain will be considered distributed to the beneficiary for that year and thus taxable to the recipient as a capital gain.

      A low AFR rate complicates the use of a CRT because it is more difficult to satisfy two of the code requirements for the CRT to be qualified. One requires that the remainder interest to the charity cannot be less than 10% of the initial value of the assets transferred to the trust. Second, the possibility for exhausting the CRT assets before the end of the CRT cannot be more than a 5% probability at the time the trust is funded. Despite these difficulties, there are certain ways to design a CRT to be able to satisfy these percentage requirements even when a low AFR rate is applied.

      Qualified Personal Residence Trust

      A qualified personal residence trust (QPRT) generally involves an individual transferring his or her personal residence (either a primary or secondary residence) to a trust for a fixed term of years. The consequences are similar to that of the GRAT discussed above. If the grantor survives the term of years, then the residence in the QPRT is transferred to the designated beneficiaries. If the grantor does not survive the term of years, then the value of the residence is includable in his or her estate for estate-tax purposes.

      When the QPRT receives the residential property, a gift to the remainder beneficiary is deemed to have occurred. The value of that gift is based on the value of the retained right to occupy the residence by the grantor during the term of years, the applicable AFR rate, and also the age of the grantor. With a low AFR rate, the value of the retained right to occupy is lower, thus increasing the present value of the gifted remainder interest for gift-tax purposes. Nevertheless, the use of a QPRT can be an effective way to transfer a residence with a lower gift value then an outright gift of the property to that remainder beneficiary. This can be especially effective if the gift involves a fractional interest in the residential property.

      Conclusion

      With interest rates still low, there are substantial wealth-transfer opportunities available for parents, grandparents, and others who wish to transfer assets to the next generation or beyond and, in the process, minimize or eliminate transfer taxes, whether they be gift or estate taxes. Current economic conditions have resulted in depressed asset values, but when combined with the attractive growth-shielding tools discussed in this article, now is the time to be calling your estate-planning attorney.

      As Steven Leimberg, a nationally recognized estate planner, wrote in his April 2009 newsletter, estate planners are witnessing a “rare convergence” of events favorable to their clients. These events include depressed value of assets, low AFR rates, and significant valuation discount techniques. As with many issues surrounding tax-centered estate planning, however, these factors are vulnerable to economic and legislative change. It is therefore important to take advantage of these opportunities while they are available.

      Richard M. Gaberman, Esq. is of counsel to the Springfield law firm Robinson Donovan, P.C. He specializes in estate and trusts, tax and estate planning, corporate and business transactions, and commercial real estate; (413) 732-2301.

      By
      Departments

      Identity-theft Seminars

      Sept. 22, Oct. 13: Representatives of Royal & Klimczuk, LLC, of Northampton and Springfield, in conjunction with Whalley Computer Associates, will present several seminars on revisions to the identity-theft regulations that will impact businesses. The regulations will be effective March 1, 2010, according to the Office of Consumer Affairs and Business Regulation. The most dramatic change to the new regulations is its adoption of a ‘risk-based approach’ to information security. Both seminars will be held at Whalley headquarters, One Whalley Way, Southwick. For more information on registration, call (413) 586-2288 or e-mail at [email protected].

      Exhibition Opening and Reception

      Sept. 14-Oct. 2: The Augusta Savage Gallery at UMass Amherst will host an art exhibition titled “My Journey Through Line: Paintings and Drawings by Carolyn Mae Lassiter,” beginning with an opening reception Sept. 14 from 5 to 7 p.m. Lassiter, a self-taught Santa Fe artist, was inspired by the art she observed in the early 1970s while living in Mexico with a family of indigenous Nahuatl artists. Her current works include recurring themes of soulful and thoughtful female energy, as well as of dreams, spirituality, life in the country, family, and animals. The Augusta Savage Gallery is located at 101 New Africa House, 180 Infirmary Way. For more information, call (413) 545-5177. The event is free and open to the public.

      Dinner Forum

      Sept. 15: For individuals feeling trapped in a family business, a lecture planned by the UMass Family Business Center may be the answer. The lecture will be presented as part of a dinner forum from 5 to 8:30 p.m. at the Clarion Hotel & Conference Center in Northampton. For complete details, visit www.umass.edu/fambiz  or call (413) 545-1537.

      Lecture on Debt as Venture Capital

      Sept. 22: Darian Ibrahim, an assistant professor at the University of Wisconsin Law School, will launch the fall speaker series at the Western New England College Law and Business Center for Advancing Entrepreneurship on Wilbraham Road, Springfield, at noon. Ibrahim specializes in corporate and securities law and its application to entrepreneurial activity. He is interested in the legal and economic issues involved in financing rapid-growth start-up companies, which he examines in recent work on angel investors, venture debt, and the geography of entrepreneurship. Ibrahim teaches courses in business associations, securities regulation, law and entrepreneurship, and corporate governance. The lecture is free and open to the public; lunch will be provided. For more information, call (413) 796-2030 or e-mail [email protected]. For details on upcoming programs, visit www.law.wnec.edu/lawandbusiness.

      Breakthrough Executive Board Luncheon

      Sept. 24: Noah Berger, executive director of the Mass. Budget and Policy Center, will be the speaker at the quarterly business luncheon of the Breakthrough Executive Board. The meeting is planned from 11:45 a.m. to 1 p.m. at Red Rose Restaurant in downtown Springfield. Berger will address issues concerning the state budget, including an overview of the state fiscal crisis, the role of federal stimulus funding in Massachusetts, and state budget transparency. The fee for the luncheon is $20 per person, payable at the door. All members and sponsors can invite guests to attend the luncheon.

      Charity Auction

      Oct. 2: The fifth annual Charity Auction to benefit the Boys and Girls Club of Chicopee is planned at the club’s gymnasium at 580 Meadow St. Festivities get underway at 6 p.m. with both a silent and live auction. Admission is free. New this fall is an online auction feature at www.bgcchicopee.cmarket.com. The event will also showcase a mini Taste of Chicopee with local restaurants highlighting signature dishes. Items available for bid include gift certificates to area restaurants, sporting event tickets, jewelry, golfers’ packages, fitness club memberships, and much more. The Chicopee Savings Charitable Foundation is the auction’s presenting sponsor. Donations are still being accepted, and a variety of sponsorship levels are available. For more details, call (413) 206-4110.

      Realtor Assoc. Trade Show

      Oct. 14: The Realtor Assoc. of Pioneer Valley Inc. will host its 16th annual Education Fair & Trade Show from 7:30 a.m. to 5 p.m. at the Springfield Sheraton. The annual affair combines educational opportunities and a trade show for realtors and affiliates. Highlights include speakers on real estate education, a continental breakfast and luncheon, networking opportunities, and a wine and cheese party. For more information, contact Catherine V. Hannum at (413) 785-1328.

      Oktoberfest

      Oct. 14: An After 5 & Tabletop Expo is planned from 4 to 7 p.m. at the MassMutual Center in Springfield, sponsored by the Affiliated Chambers of Commerce of Greater Springfield. Exhibitors are still sought for the business-to-business event. The general price to exhibit is $175, $100 for Chamber members. Parking is $5 at the MassMutual Center Garage. General admission is $20 and $10 for Chamber members. For complete details, visit www.myonlinechamber.com.

      YPS New Year’s Celebration

      Dec. 31: The Young Professional Society of Greater Springfield has once again chosen downtown Springfield for its New Year’s Eve celebration. Only 300 tickets will be available for the affair at the Marriott Hotel in Tower Square. Businesses and individuals interested in sponsorship of the event should visit www.springfieldyps.com  for more details. For ticket information, call Jill Monson of YPS at (413) 219-9692.

      A Global Approach

      By
      Cover
      Cover Story
      Jeff Daigneau Creates a World of Possibilities at Lattitude
      Cover

      Cover

      Jeff Daigneau says he’s long desired to be a chef/owner, the coveted title that most all those who enter the restaurant business aspire to. After working at several area landmarks, including, most recently, Max’s Tavern, he decided that he didn’t just want to be in the kitchen — he wanted to be in his kitchen. The story of how he created Lattitude in West Springfield speaks to the myriad challenges — and sleepless nights — facing those who choose this road.

      Jeff Daigneau calls it the “itch.”

      And like many of those who start working in a restaurant, usually washing dishes, at a very young age, he got it — big time.

      Elaborating, he told BusinessWest that many of those who get exposed to the challenging but intriguing restaurant business early on get drawn into it and make plans to make it a career. From washing dishes, they move on to peeling potatoes, chopping onions, and assorted other duties. Those not intimidated by the long hours, hard work, and industry lifestyle often go to college to learn how to cook — Daigneau turned down a full scholarship at Johnson & Wales in Providence to attend a two-year program at the Culinary Institute of America (CIA) in Hyde Park, N.Y., instead — and eventually go to work in someone’s kitchen.

      However, if one truly gets the itch, said Daigneau, he or she eventually wants their own kitchen, and if they go down that road, they get everything that comes with those bragging rights, from those long hours to credit card balances with lots of zeros to often-sleepless nights spent wondering how to make ends meet.

      Daigneau got all that and much more — including the enormous challenge of coping with the Big E, located directly across Memorial Avenue from his establishment (more on that later) — when he decided to open Lattitude more than 20 months ago. He has absolutely no regrets, though, and nothing even approaching a second thought about his high-risk entrepreneurial gambit.

      “That’s because it’s … really a lot of fun,” he said, shaking his head for emphasis. “I get to have fun every single day.”

      This fun comes in the form of creativity he can express in myriad ways as he plays out the role of chef/owner, or “true chef/owner,” as he puts it, explaining that some who put this title on their business card are chefs who own merely a small piece of the restaurant in question. Daigneau, former executive chef at Max’s Tavern in Springfield, owns Lattitude lock, stock, and salad forks, and he has those credit-card balances — once soaring above $150,000 but now down to $30,000 or so — to prove it.

      In that role, Daigneau is, in essence, carrying out the mission that prompted him to choose the name Lattitude, while giving the word an extra ‘t’ for some flair and to be a little different. “Latitudinal lines go around the world,” he explained. “I try to give people a little flavor of the world.”

      Elaborating, he says part of that aforementioned mission is to educate his patrons, and he does so by introducing menu items such as “true” San Francisco cioppino, a bouillabaisse-like dish, and keeping some prices on wine “stupidly reasonable” to give people a chance to sample various labels.

      Overall, his strategy is succeeding. Revenues are running well ahead of projections for where he thought the restaurant would be at this juncture, and the sluggish economy has, in his opinion, been a non-factor, a testament to the fact that he’s obviously doing something right.

      As for the Big E, well, it was a big part of a first year that Daigneau described as a real learning experience.

      “That first fair … it nearly put us out of business,” he explained, noting that the doors had been open only a few months before the start of the exposition’s 2008 run, and he simply didn’t know what to expect in terms of the challenge of luring customers to that stretch of Memorial Avenue for those 17 days in late September.

      This year, he says, he’ll be ready, with a game plan — he’ll pay for his customers’ parking, for example — as well as some aggressive marketing to remind people he’s open, and a refined attitude born from last year’s experiences.

      Meanwhile, for the other 49 1/2 weeks of the year — and fair time as well — the Big E represents opportunity, said Daigneau, one that he intends to fully maximize.

      “We do very well with a lot of the weekend shows,” he explained. “The Morgan Horse shows have been really good, but all of them have helped — the dog shows, a motorcycle show, even the gun and knife show; someone from Ohio came in for dinner and asked what kind of heat we pack around here.”

      In this issue, BusinessWest looks at Daigneau’s early success recipe, and how his story is typical, albeit with some different wrinkles, of those involving individuals who get that itch.

      Entrepreneurial Flavor

      Daigneau says he probably wouldn’t have his own kitchen — or at least not the one he currently patrols — were it not for a 57-page business plan he wrote for the restaurant that would become Lattitude.

      “It was a work in progress for about three years,” he said of the document he eventually handed to commercial lending officers at Berkshire Bank in early 2008. “It was rock solid, and full of true facts and figures.”

      Solid enough, apparently, to convince those at Berkshire to write the bank’s largest restaurant loan to date — $400,000 — after a few other institutions wouldn’t even talk to him. That wasn’t enough for Daigneau to get the doors open, actually; he had to start using his credit cards. But it came close, and it exemplified just how different, and compelling, the concept for Lattitude was and is.

      Daigneau probably first starting thinking about it when he was washing dishes at a small breakfast place located on the Congamond Lakes in Southwick. This is where the itch first developed. It progressed while Daigneau, an Agawam native, went to work at the Chez Josef banquet house, where he handled a number of duties over a stint that lasted through most of his high school years.

      “You start out washing dishes — everyone does — and you realize that what you’re doing is kind of cool,” he said of how his passion for the business developed and evolved. “Soon, you’re peeling potatoes and peeling carrots, and you get an itch — and that’s exactly what it is, an itch.

      “You initially look around and see what else is going on, and you see the guy at the grill and the woman doing the fries, and you say, ‘I’d like to be doing that,’” he continued. “And pretty soon, you end up there because someone doesn’t show up for work. Eventually, you’re working on the line. By my junior year in high school I had decided that this is what I wanted to do for the rest of my life.”

      After attending CIA, Daigneau worked in a few restaurants, including Eastside Grill in Northampton and School Street Bistro in Westfield, before eventually landing at Max’s. He started as executive sous chef, was quickly promoted to executive chef, and, in 2007, was tabbed to lead the eatery’s catering division.

      Daigneau said he enjoyed the work, but kept returning to the notion of running his own establishment, a thought that first entered his head maybe five years ago and never actually left.

      “I wanted to be able to do what I wanted to do and how I wanted to do it,” he told BusinessWest. “It’s not that I didn’t believe in everyone else’s way of doing things; owners were always giving me a lot of freedom, but I wanted more. I wanted to be the chef/owner, I wanted that level. I’ve had that goal since I was a kid.”

      He started scouting for suitable sites, and had trouble finding what he was looking for. He said that when he “stumbled” across space, actually three spaces, in a building on Memorial Avenue that comprised the old Caffeine’s restaurant and the former home to Kent Pecoy Construction, he knew he’d found a home.

      “I don’t know why, I just knew,” he explained. “I talked to the landlord and signed a lease immediately. I didn’t have any money, I didn’t have a liquor license, I didn’t have anything; I just said, ‘I’ll figure it all out later.’”

      And he did.

      Salad Days

      As he assessed his first 15 or so months in business, Daigneau said most things have gone according to that detailed plan he worked out for the lenders. But not everything, obviously.

      The restaurant has become popular with most demographic groups and draws patrons from across a wide geographic radius, he explained. But it has become, somewhat to his surprise, extremely popular with women, a fact he attributes to well-lit parking areas and entrances and a feeling of safety not attainable in many settings.

      And then, there’s the Big E.

      Daigneau said he was caught somewhat off guard last year by the fair, which can be a drain on Memorial Avenue businesses, as he soon learned. Most restaurants in the vicinity of the fairgrounds simply shut down for those 17 days (with most using their real estate to park cars), he explained, adding quickly that he didn’t have that option last year and, despite his strong start, doesn’t have it this year, either.

      He’ll be open, but with the understanding that Lattitude will become more of a bar than a restaurant those 17 days, and he’ll be pouring far more draught beer than specialty martinis. But he wants his regulars and potential first-timers to know he’ll be open for lunch and dinner.

      And despite the solid nature of his business plan and no shortage of confidence in his abilities and business instincts, Daigneau says there was plenty of apprehension in the weeks and months after he opened the doors to Lattitude. “I didn’t sleep much those first eight months,” he said.

      Overall, Daigneau says he believes he’s planned — and guessed — right when it came to his menu, basic approach (a heavy emphasis on local, fresh produce) and the general experience he provides.

      As for the cuisine, he calls it ‘Global American’ in another reference to latitude, and says he likes to mix things up, with new offerings regularly on both the lunch and dinner menus, with the former becoming increasingly popular of late with the business crowd. It features everything from a ‘house made mac & cheese’ to a grilled scallop salad to ‘Asian spiced grilled king salmon.’

      “I didn’t want to limit myself on anything,” said Daigneau, referring both to what’s on the menus and how offerings are prepared. “I change the menu almost every day — dishes come off, dishes go on. We change all kinds of things because we want to educate people, not intimidate them.”

      Most all of the items on the menus are prepared or accented with locally grown produce, said Daigneau, adding that he’s at Cecci Farms in Feeding Hills every day. “A case of tomatoes is $25 there, while I can get one from the wholesaler for $10, but I want the local,” he explained. “To have a true farm restaurant is a lot of fun.”

      There’s that word again. Daigneau used it repeatedly in the course of his talk with BusinessWest, and he used it with sincerity, while reiterating, repeatedly, that this business certainly isn’t all fun and games.

      Check, Please

      Daigneau said his father got married a few months ago. It was still another event for which he handled the cooking.

      He took the occasion to look through some old photographs and noticed that in practically every one taken over the past decade, he was in a chef’s outfit. Recalling the event prompted him to recite something he’s probably said hundreds of times in his career: “this isn’t a life,” he said of what it’s like being at the upper levels of the restaurant business. “It’s a lifestyle.”

      It comes to those who get the itch, he continued, adding that few ever regret scratching it, and he certainly doesn’t.

      After all, how many people get to have fun every single day?

      George O’Brien can be reached at[email protected]

      By
      Departments

      Ten Points about :forming a new business

      By SEAN WANDREI, CPA

      1. What type of owners will there be? A sole proprietor has one owner (an individual), a partnership/limited liability company (P/LLC) has at least two owners, C-corporations have no restrictions, and S-corps a maximum of 100 owners.

      2. Choice of tax year? A C-corp can have any year-end. A sole proprietor has the individual owner’s calendar year-end. Generally, a P/LLC must have the same year-end as the majority owner, and S-corps must have a calendar year-end.
      3. Who pays the taxes? A C-corp pays the taxes on its own tax return. Sole proprietor, P/LLC, and S-corp income flows through to the owner, and taxes are paid on the owner’s return.
      4. Is there liability protection? Sole proprietors and partnerships have no liability protection, while C-corps, S-corps, and LLCs have certain liability protection.

      5. Availability of fringe benefits to owners? Fringe-benefits exemptions from tax are not available to a sole proprietor or P/LLC owner. Fringe-benefit exemptions are available to owners of C-corps and fewer than 2% owners of S-corps.

      6. Is the contribution of property to the entity by an owner taxable? An owner can contribute property to a SP and P/LLC tax-free, while contribution of property to a C-corp or S-corp by the owner could be a taxable event.
      7. Taxation on the sale of an ownership interest? Disposition of C-corps and S-corps are treated as a sale of stock, while the sale of a SP is treated as a sale of assets. The sale of P/LLC ownership interest is generally treated as a sale of a capital asset.
      8. Can the entity pay its owner wages? A sole proprietor and P/LLC cannot pay its owner’s wages, while a C-corp and S-corp can pay wages to its owners.
      9. Are earnings of the entity subject to self-employment tax on the owner return? Earnings from a trade or business of an SP or P/LLC are subject to self-employment tax. Earnings of an S-corp are not subject to self-employment tax.

      10. What else should be considered? C-corps and S-corps are subject to tax on their inventory and manufacturing equipment at a rate of $2.56 per $1,000 of value on their Mass. Corporate Income Tax Return.

      Sean Wandrei is a tax manager with Meyers Brothers Kalicka, P.C.. His technical concentrations are in multi-state taxation as well as real estate entities; (413) 536-8510.

      Cracking the Whip

      By
      Lisa McMahon
      Features
      Westfield Charts Progress Downtown and in Its Industrial Parks
      Lisa McMahon

      Lisa McMahon, seen at Westfield’s Farmers Market, says there is a great deal of interest in downtown real estate.

      Moving like a freight train.

      That’s the speedy-sounding metaphor Westfield Mayor Michael Boulanger used to describe the forces transforming both his city’s downtown and overall immediate future. As he delved into the details, the description doesn’t seem far off.

      A city with a long history evident in three centuries of architecture along its city green, Westfield dates to the 1660s as the westernmost outpost of the Massachusetts Colony. In its heyday, it was a manufacturing center for bricks, cigars, and the buggy whips that give the city its nickname. Today, more than 40,000 people inhabit its 47 square miles, with a median income of around $45,500.

      Westfield has long been free from many of the social ills plaguing its regional peers. It boasts steady home prices, a low crime rate, and a solid middle-class population have made the Whip City something of an anomaly in the Pioneer Valley.

      While other former mill cities strive to shore up their communities from decades of urban blight, Westfield has its eyes on a larger prize, nothing short of transformation into a destination city, not unlike nearby Northampton. In this latest community profile, BusinessWest talks to some of those people with the lofty, yet very real, goals of making that happen.

      Home Court Advantage

      Nationwide, economic development has been as stagnant as the summer’s heat. But Westfield boasts new-business planning that most communities can only dream of. Boulanger sat at the head of his conference table recently to outline the details of that “freight train” he described.

      “Contrary to what the Massachusetts economy, or that of the nation, has shown in terms of a lack of growth, well, there’s a lot of stuff happening here now,” he said. Indeed, there is.

      The undeveloped areas of land around Barnes Airport on the north side of the city are proving to be fertile grounds for significant growth. Home Depot had already operated a regional facility in that section of town, but plans are underway for a $25 million rapid-deployment center in Campanelli Industrial Park.

      “That facility will be the regional distribution facility for all the Home Depots in Eastern New York State, as well as New England,” said Boulanger. “That’s a 675,000-square foot facility, and that to us is huge.”

      Not only did Westfield successfully keep the facility within city limits after sites in Connecticut were considered as potential hosts, but officials estimate that 150 new jobs will be added to the city’s workforce.

      Also scheduled for construction in Campanelli Industrial Park is a $400 million power plant owned by the Pioneer Valley Energy Corp. Boulanger noted that all permitting is in place; phase two of the project, involving gas lines from Southwick, is underway; and the site promises a substantial contribution for the city’s tax coffers. “We’re expecting annual revenues for Westfield to be around $3.2 million,” Boulanger said.

      Why Westfield? Boulanger was happy to expound on the relative strengths of his community. “We had the space available, first and foremost, and not many other places did, really, for facilities of that size,” he explained. “We’ve got the airport right there for corporate needs, we’re at the axis of highways going north-south and east-west, we’re close to a major city, Springfield, as well as a commercial airport. In the case of Home Depot, Westfield is centralized for all the facilities for the stores they need to service.”

      Boulanger noted that new growth is not limited to the industrial park. Barnes & Noble plans to open a 10,000-square-foot facility incorporating a Starbucks café in the city common, with a target date for business beginning in summer 2010. “That will be a huge anchor point for other establishments to build off that brand and its presence,” he said. The retailer’s college-bookstore division also signed an agreement in principle with Westfield State College, with business to begin in October of this year at the campus.

      In a statement, WSC President Evan Dobelle noted that Barnes & Noble was unanimously recommended to be the school’s managing bookseller, adding that “they have been highly successful in communities of all sizes.”

      But the bookstore isn’t all that the city and college will be sharing.

      Head of the Class

      When BusinessWest recently turned its focus on Westfield, the big news was Boulanger and Dobelle agreeing to join forces in using downtown student housing to spur revitalization in the city’s center. The two understand that a college community is dependent on both town and gown for reciprocal strength and vitality. Boulanger said that the plan is moving along, and that he “couldn’t be more pleased.”

      “The college had put out requests for proposals for student quarters in the downtown area a few months ago,” he said; that process has closed and is being reviewed by the state’s Division of Capital Asset Management (DCAM). “That office will come out with some decisions on those housing locations in a few weeks, so we can use that as a springboard for other projects in downtown.

      “Revitalization of downtown is really college-dependent at this point,” Boulanger continued, adding that “the close partnership with the college is very strong, and I do know that they want to do this as much as we do. This really will serve as the catalyst for commercial and economic growth.”

      Dobelle is no stranger to town-and-gown collaborations, nor, for that matter, the corner office itself. For two terms back in the early 1970s, he served as mayor of Pittsfield. Since then, he has been president at four different colleges; he became the 19th president of WSC in December 2007. While at Trinity College in Hartford, he successfully led efforts to utilize the school’s strengths to strengthen the poor neighborhoods surrounding the school.

      “Westfield has an affluence that you don’t find in a lot of cities,” Dobelle told BusinessWest. “But the reality is that the dollars spent in Westfield are drawn out of the city because there aren’t places for that money to be spent here, be it retail or entertainment.”

      The plan to house students downtown has a definite target date for move-in day for the fall 2010 semester, but Dobelle said it could realistically happen as early as the beginning of next year.

      He sees WSC as an “anchor tenant” for downtown Westfield, and belives that, once people with disposable income start moving into those locations, business can be viable and successful, with a chain reaction taking place whereby the public sector wants to be a part of that vibrant culture. Locally, the turnaround of Northamp-ton’s downtown in the 1980s and ’90s is often cited as an example.

      When the Great River Bridge (Elm Street) construction project is completed, the village green is redone, and the infrastructure of the city is repaired in a couple of years, Dobelle hopes that WSC will have proved to be the catalyst for a bustling city center like that of other college towns across the nation. He sees his role as president of a public college having even more of a place in that collaboration.

      “When a public college is subsidized by the taxpayers, then there is a responsibility,” he said. “I could build dormitories on the campus and then not pay any taxes. But doing this is a more-responsible way to be respectful of the local property owners and the taxpayers subsidizing our institution.”

      Home Improvements

      When WSC successfully integrates into the city’s downtown, it won’t be the first agent of change in the historic center.

      In the summer of 2006, the wheels were set in motion for the third Business Improvement District in the Commonwealth, located in Westfield. Lisa McMahon is executive director of the WBID, noted that, like other small to mid-size American cities, “strip malls took their toll on downtown’s economy. The Chamber of Commerce, the business community, and also City Hall agreed that our downtown was not well-represented.”

      Like most people in the city, McMahon said that the collaboration with WSC puts some planning into a holding pattern. Once DCAM knows where those student-housing units will be, the private sector will follow. More than just director of the BID, McMahon has become a liaison to interested developers.

      “I’ve become a bit of a connector,” she said, adding that “I’m familiar with the real-estate stock in the city, so I’ll get calls from people both here and out of the area, saying, ‘I’m looking for x square feet,’ or ‘I need a storefront or a second floor.’

      “I’ve walked around downtown with developers from all over,” she continued, “from Eastern Mass., from New York, who are all interested in downtown; they’re interested in the potential and the possibilities here.”

      Students’ feet on the streets translates into consumers with money to spend, and the business community knows that. McMahon said that some of the calls she has been fielding reflect that demographic. “We have someone who is interested in opening a fish market, another a clothing store, a chocolatier, all these different people who are really interested and who want to get in on the ground floor here,” she said.

      In fact, McMahon said the response has been so overwhelming that the WBID has pulled back on its advertising of commercial properties due to the sheer volume of calls.

      But the WBID isn’t limited in scope to attracting new blood to the city center. During a well-attended ‘Farmers Market,’ one of the agency’s initiatives, McMahon told of what the BID means for the city. Like others of its kind, the agency strives to make the city, in its words, “a clean, attractive, safe, well-programmed, and aggressively promoted location in which to live, conduct business, shop, and visit.”

      From the Farmers Market to concerts on the Green; from holiday lights and decorating vacant storefronts downtown to programs for youths, seniors, free health care, and adult literacy, the WBID has become a one-stop “New Deal” for Westfield, she said, adding that assistance from the city has been vital to her own successes.

      “All of these things — Summer Sounds, the Farmers Market, and more, we wouldn’t be able to do any of them if we didn’t have the cooperation of the Parks and Recreation commission, the licensing commission, the City Council, the restaurateurs,” she said. “Even here, right now, the church across the street gives us their parking lot.

      “People want to see downtown succeed,” she continued. “From the Gas & Electric linesmen who help us with lights on the common to the Police Department, everyone pitches in. It would never be able to happen if we didn’t have collaborations from everyone in the city. People are community-minded, and they want to see change.”

      As a benchmark of the WBID’s success, McMahon said a number of properties originally opted out of the BID, “but many have since contacted us to say, ‘how do we get in? We want to be part of the BID, we want to be on the Web site, we want to be on the flyers that come out.’”

      Overall, she said the city is responding positively to all that the WBID has done. “People stop you on the street and say, ‘we appreciate what you are doing here.’”

      Summing things up, McMahon said the city is in a holding pattern for further development now, but not for long.

      In just a few weeks, the first wave of college students will find out their new potential addresses in the city center for next year. From students to the new development that follows, it seems clear that Westfield is cracking the whip anew, and is charting a new course for success.

      By
      Departments

      The following business incorporations were recorded in Hampden, Hampshire, and Franklin counties and are the latest available. They are listed by community.

      AGAWAM

      HOG Wild Cycles Inc., 32 Worthington Brook Circle, Agawam, MA 01001. Mark Soticheck, same. Sales and service of motorcycles to the general public.

      CHICOPEE

      D&H Barrel Corp., 295 James St., Chicopee, MA 01020. Debra Nemiro, 48 Ross Ave., Chicopee, MA 01020. The purchase and sale of barrels.

      EAST LONGMEADOW

      Odin Industries Inc., 14 Deer Park Road, PO Box 714, East Longmeadow, MA 01028. Joseph A Reale, 31 Lenox Circle, East Longmeadow, MA 01028. Import industry supply from China.

      HADLEY

      Hadley Massage Therapy Inc., 215 Russell St., Hadley, MA 01035. Chun Nu Li, same. Personal service: Massage therapy.

      Hampshire Dollar Inc., 367 Russell St., Hadley, MA 01035. Mamta Arora, 13 Regina Dr., Windsor Locks, CT 06096. Dollar store.

      HUNTINGTON

      Blues to Green Inc., 18 Tucker Road, Huntington, MA 01050. Kristin Neville, same. Non-profit to implement programs to educate the general public with respect to the interdependence of human activity and the natural environment and subsequence effects on coastal communities.

      SPRINGFIELD

      Advanced Valuation Services Inc., 51 Taylor St., Springfield, MA 01103. Michael McNulty, 924 Stony Hill Road, Wilbraham, MA 01095. Real estate appraisals and consulting.

      		  

      The Axia Group Inc., 73 Marketplace, Springfield, MA 01103. Michael R. Long, Same. Insurance.

      Bada Bings Bar and Pizzeria Inc., 333 East Columbus Ave., Springfield, MA 01105. James Vanhouten, same. Restaurant and bar.

      Behavioral Health Workforce Leadership Development Institute Inc., 2594 Main St., Springfield, MA 01107. Maria Ligus, 37 Julia Ave., Chicopee, MA 01020. Non-profit for charitable, scientific and educational purposes to promote the welfare of Hampden County, and all of its inhabitants by providing direct health and human services.

      Halona Enterprises Inc., 19 Davis St., Springfield, MA 01104. John E. Haley, same. To engage in eCommerce activities.

      Jmangine Company, 79 Mayflower Road, Springfield, MA 01118. John W. Mangine, same. Home remodeling and repairs.

      Wealth Street Corporation, 1655 Main Street, Suite 201, Springfield, MA 01103. Reinaldo Gonzalez, same. Holding entity.

      WESTFIELD

      Grindstone Mountain Trucking Inc., 13 Cleveland Ave., Westfield, MA 01085. Erik Loiko, same. Transportation. Cargo in trucks.

      International Machine Products Inc., 1294 East Mountain Road, Westfield, MA 01085. Michael P. Dupuis, same. Manufacturing.

      Real Estate – Is It Time to Invest?

      By
      Sections Supplements
      Passive Activity Rules Bring Benefits of Real-estate Investment into Question

      During this economic downturn, we have seen housing prices and mortgage interest rates fall. The stock market keeps falling and setting new lows. The combination of these events may have people looking to get into the real-estate market for investment purposes.

      While there are many things to consider when making such an investment, the possible tax benefits should be at the end of the list. Generally, rental real estate generates a tax loss that may or may not be deducted on the individual tax return. There are rules that may disallow or limit the losses from rental activities and limit the tax benefits of such investments.

      Passive Activity Rules

      The biggest hurdle in deducting rental losses is the passive activity rules. While real estate might be our current focus, it’s important for us to have an overall understanding of these rules and how they are intended to work. The passive activity rules were set up by Congress in 1986 to curb the abuses of tax shelters aimed at individuals. The Internal Revenue Code generally does not allow the taxpayer to deduct a loss or credit from a passive activity.

      If there is passive income during the year, it is allowed to be offset against the passive losses for the year. Any excess passive losses that were not offset by passive income are carried over to the following year. If the passive activity is fully disposed of in a taxable transaction, the passive losses that were carried over are allowed to be deducted in the year of disposition.

      Rental activities by their nature are passive activities. Any rental activity, generally, is considered a passive activity. There are six exceptions to this rule:

      1. The average period of customer use for such property is seven days or less, as with a rental-car company.

      2. The average period of customer use for such property is 30 days or less, and significant personal services are provided by or on behalf of the owner of the property in connection with making the property available for use by customers (e.g. hotels).

      3. Extraordinary personal services are provided by or on behalf of the owner of the property in connection with making such property available for use by customers (without regard to the average period of customer use). An example of this exemption might be the rental of crutches from an orthopedic physician practice.

      4. The rental of such property is treated as incidental to a non-rental activity of the taxpayer. This includes property held for investment, and the gross rent received is less than 2% of the lesser of the unadjusted basis or the fair market value in the building (rental of land to a logger, for instance).

      5. The taxpayer customarily makes the property available during defined business hours for nonexclusive use by various customers, such as with a parking garage.

      6. The provision of the property for use in an activity conducted by a partnership, S corporation, or joint venture in which the taxpayer owns an interest is not a rental activity. For example, a lawyer renting an office building to his or her own practice would fall within this exception.

      If the taxpayer is involved in any of the activities noted above, the loss from the activities would not be considered passive. Rather, the losses would be deducted and would not have to meet the passive-activity loss limitations.

      The IRS provides an exemption for middle-class taxpayers that allows a $25,000 deduction on certain residential rental activities. The taxpayer must actively participate in the rental activity during the tax year. In other words, the taxpayer must make management decisions, such as approving tenants and arranging for repairs, in a bona fide sense. This exemption is reduced by 50% of the amount of adjusted gross income (AGI) over $100,000 and is fully phased out once AGI reaches $150,000.

      There are also special rules for taxpayers in the real property business or real-estate professionals. A taxpayer that is determined to be in the real property business may elect to not be subject to the passive activity rules. A taxpayer must materially participate in the rental activity to be in the real property business. For a taxpayer to materially participate in the real property trade or business, he or she must spend more than one-half of his or her time and more than 750 hours of service during the year in the real-estate business. To be considered a real-estate professional, the taxpayer must ‘materially participate’ (see below) in the real estate activity and not just merely ‘actively participate’ in it. Real property trade or business is any real property development, redevelopment, construction, reconstruction, acquisition, conversion, rental, operation, management, leasing, or brokerage trade or business.

      A passive activity can also be any activity that is a trade or business that the taxpayer does not materially participate in. Material participation occurs when the taxpayer is involved in the operations of the activity on a basis that is regular, continuous, and substantial. Any work that an owner performs for his or her business is generally considered participation. Material participation is determined on a yearly basis.

      Once a taxpayer is considered to materially participate in an activity, it does not mean that he or she will continually be considered to materially participate the next year. If the taxpayer materially participates, the loss generated by these activities would not be considered passive, and the taxpayer would be able to deduct the losses without having the passive-loss rules come into play.

      Keeping the above in mind, make your real-estate investment decisions based upon the economics of the investment without considering the possible tax benefits. Under the passive-loss rules, those benefits could be a long time in the making.

      Sean Wandrei is a tax manager with Meyers Brothers Kalicka, P.C. His technical concentrations are in multi-state taxation as well as real-estate entities; (413) 536-8510.

      By
      Departments

      The following business incorporations were recorded in Hampden, Hampshire, and Franklin counties and are the latest available. They are listed by community.

      AGAWAM

      HOG Wild Cycles Inc.32 Worthington Brook Circle, Agawam, MA 01001. Mark Soticheck, same. Sales and service of motorcycles to the general public.

      CHICOPEE

      D&H Barrel Corp., 295 James St., Chicopee, MA 01020. Debra Nemiro, 48 Ross Ave., Chicopee, MA 01020. The purchase and sale of barrels.

      EAST LONGMEADOW

      Odin Industries Inc., 14 Deer Park Road, PO Box 714, East Longmeadow, MA 01028. Joseph A Reale, 31 Lenox Circle, East Longmeadow, MA 01028. Import industry supply from China.

      HADLEY

      Hadley Massage Therapy Inc., 215 Russell St., Hadley, MA 01035. Chun Nu Li, same. Personal service: Massage therapy.

      Hampshire Dollar Inc., 367 Russell St., Hadley, MA 01035. Mamta Arora, 13 Regina Dr., Windsor Locks, CT 06096. Dollar store.

      HUNTINGTON

      Blues to Green Inc., 18 Tucker Road, Huntington, MA 01050. Kristin Neville, same. Non-profit to implement programs to educate the general public with respect to the interdependence of human activity and the natural environment and subsequent effects on coastal communities.

      SPRINGFIELD

      Advanced Valuation Services Inc., 51 Taylor St., Springfield, MA 01103. Michael McNulty, 924 Stony Hill Road, Wilbraham, MA 01095. Real estate appraisals and consulting.

      		  

      The Axia Group Inc., 73 Marketplace, Springfield, MA 01103. Michael R. Long, same. Insurance.

      Bada Bings Bar and Pizzeria Inc., 333 East Columbus Ave., Springfield, MA 01105. James Vanhouten, same. Restaurant and bar.

      Behavioral Health Workforce Leadership Development Institute Inc., 2594 Main St., Springfield, MA 01107. Maria Ligus, 37 Julia Ave., Chicopee, MA 01020. Non-profit for charitable, scientific and educational purposes to promote the welfare of Hampden County, and all of its inhabitants by providing direct health and human services.

      Gaw High-speed Internet Inc., 75 Marketplace, Suite 400, Springfield, MA 01103. Josh Garza, 136 Hillcrest Terrace, Brattleboro, VT 05301.Wireless Internet service provider.

      Halona Enterprises Inc., 19 Davis St., Springfield, MA 01104. John E. Haley, same. To engage in eCommerce activities.

      Jmangine Company, 79 Mayflower Road, Springfield, MA 01118. John W. Mangine, same. Home remodeling and repairs.

      Wealth Street Corporation, 1655 Main Street, Suite 201, Springfield, MA 01103. Reinaldo Gonzalez, same. Holding entity.

      WESTFIELD

      Grindstone Mountain Trucking Inc., 13 Cleveland Ave., Westfield, MA 01085. Erik Loiko, same. Transportation. Cargo in trucks.

      International Machine Products Inc., 1294 East Mountain Road, Westfield, MA 01085. Michael P. Dupuis, same. Manufacturing.

      Capital Ideas

      By
      Uncategorized

      The concept of the angel investor group is taking hold across the country, with maybe 200 of these organizations now in existence. It’s still a fairly recent phenomenon in Western Mass., but a group called River Valley Investors (RVI) is rapidly making the term part of the local lexicon. Like other angel groups, RVI works to put entrepreneurs with ideas and early-stage companies in front of investors looking to put capital to work. By doing so, the group is contributing to economic-development efforts in the 413 area code.

      “Boring, but profitable.”

      That’s the phrase Paul Silva used on several occasions to describe the kinds of business ventures preferred by River Valley Investors, an angel investing group — this region’s first and now one of a few hundred across the country — that is somewhat quietly making a positive impact on this area and its economic-development activities.

      “That’s a vastly overlooked sector,” joked Silva as he explained what ‘boring but profitable’ is, or, to be more precise, what it isn’t. Generally speaking, it’s not high-tech, or what he called “software and silicon,” a realm once preferred by many angel groups and venture capitalists.

      Instead, it’s more-conservative types of businesses, ones that are usually mature, or at least “early stage,” said Silva, manager of RVI, a serial entrepreneur in his own right, and self-described “conductor of the orchestra” that now includes three dozen investors. The common denominator is generally lower risk, he continued. “We’re more Yankee than Bostonians.”

      The terminology certainly applies to a venture called Pet Angel World Services, or PAWS, a company that provides veterinarians and clients with a complete range of pet death-care services that became part of the RVI portfolio earlier this year, said Silva, and also to Oxford Performance Materials, which provides everything from polymers for long-term human medical implant devices to critical components for the semiconductor manufacturing process to fuel cell components for the space shuttle. And it would apply to iiProperty, which provides Web-based real-estate property-management software for small and medium-sized landlords.

      But it definitely wouldn’t capture the essence of dexrex, an Amherst-based startup venture that provides data-management services for instant messaging and mobile text-messaging services, said Silva, who, in explaining this addition to the portfolio, said simply, “there are exceptions to the rule.”

      The financing provided to dexrex is an example of how RVI, founded in 2003, is contributing to economic-development efforts in the region, said Silva, noting that it is unlikely that the unique company, formed by partners and UMass graduates Derrick Lyman and Richard Tortora, would have come as far, and as quickly, as it has without the group’s support. And while there is a good chance the company may soon leave this market for Cambridge, RVI has played a lead role in keeping it in this area code — and creating several jobs in the process — for the past two years.

      Overall, RVI, which makes investments averaging $250,000 to $500,000, but has made deals for more than $1 million, is closing what Silva and others have called a ‘capital gap’ in the region, and it has done so by providing economies of scale when it comes to linking entrepreneurs with badly needed funding. Through regular monthly meetings staged at the PeoplesBank Building in Holyoke, the group is exposing its members to a number of potential investment opportunities — most in that ‘boring, but profitable’ category. Meanwhile, it is also giving entrepreneurs a chance to tell their stories in an effective way and in a target-rich environment.

      Thus far, the track record is solid, with two ventures recently selling and providing returns of 30% and 24%, respectively. That batting average won’t hold up, said Silva, noting that, traditionally, more angel investments lose money than make money, but the group envisions a winning record through sound, well-researched, and well-thought-out decisions.

      Looking forward, Silva said RVI is looking to become more of a force in this region as it adds both investors and companies’ logos to the portfolio.

      In this issue, BusinessWest takes an indepth look at the concept of the investor group, and how this one in particular is contributing to progress in the Pioneer Valley and well beyond.

      Winging It

      As he talked about RVI and its investors, Silva used the collective ‘we’ early and often.

      When talking about the preponderance of advanced manufacturing companies in the portfolio, he said, “we like things.” Referring to one such company, Optical Alchemy, which creates high-performance, lightweight sensors for the unmanned aerial vehicle market and was added to the portfolio in 2005, he said, “we like widgets.” And when discussing iiProperty, added in 2007, he opined, “we like it because we understand the pain of real estate.”

      But in reality, decisions are not really made as a group, but rather by individual investors within it, who are presented with opportunities at those regular monthly meetings and then decide themselves whether a venture is worthy of their time and capital.

      RVI is essentially bringing a higher level of organization to the business of angel investing, said Silva, adding that its existence represents a nationwide trend toward the angel group model.

      RVI’s nucleus is a core group of initial members, including business leaders such as John Davis, Bill Lyons, Glenn Hanson, Joe Cambi, Joseph Steig, Paul Gelinas, and others, who had been and still are involved in various aspects of economic development in the region, Silva said. “They’re entrepreneurs and successful businessmen and women themselves, and they know what it’s like to build things.

      “They said, ‘we’ve been hearing about this angel-group thing,’ and wondered if they should try it in Springfield,” he continued. “At that time, there was just a smattering of angel groups in the country, maybe a few dozen, but they were growing in popularity because there was a clear need and the concept made a good deal of sense.”

      This need had arisen from a change in focus among most venture-capital groups, Silva explained, noting that VCs that had traditionally funded early-stage companies have essentially moved on, or “upstream” to larger ventures, leaving that capital gap he mentioned.

      “Young companies were dying on the vine,” he said, “and so professional angel groups were able to step into the breach. When the founders saw all the success that groups had in other parts of the country, they said, ‘why not Springfield?’”

      There are now seven angel groups operating inside Route 128, another in Worcester, and the one in Springfield, said Silva, who came onboard in 2004 and brings a diverse background to his current role.

      An entrepreneur, he’s started a number of ventures, including a company called All In Play, which produces video games for the blind. He’s also become a student of the angel-group movement, and an astute evaluator of the qualities necessary to qualify an entrepreneur for some of RVI’s precious time.

      Explaining how the process works, Silva said a large part of his job description involves helping to find deals and screening candidates. There are hundreds of opportunities that come before him, and he chooses only a handful for each monthly meeting.

      Entrepreneurs make a 10-minute presentation on their business, and they are then grilled by the angels. “We ask the hard questions,” said Silva, again using the first-person plural. From there, individual investors will decide amongst themselves whether an opportunity is worthy of some extensive due diligence, he continued, and if that research identifies what would be deemed a solid investment, angels are invited to take part.

      The group, and the process it follows, is yielding dividends for the individual entrepreneurs and the region as a whole, said Paul Doherty, another of the founding angel investors and a principal with the Springfield-based law firm Doherty Wallace Pillsbury & Murphy. He told BusinessWest that 15 years ago, when he was chair of the board of the Springfield Chamber of Commerce, he recognized, as others did, there was indeed a ‘capital gap’ in the region, and he helped formulate ways to address it.

      One was the creation of MassVentures, a venture-capital group headed by Tripp Peake that succeeded in helping to close that gap. “But venture capital groups are traditionally very conservative,” said Doherty, “and they don’t do many too deals.”

      So attention was then focused on the local angel community, which, until the formation of RVI, was mostly individuals, almost all of them entrepreneurs themselves, who would find and act upon deals themselves. What RVI has done is to add a large, much-needed layer of organization and efficiency to the process, said Doherty, who has taken part in several of the deals that have expanded the group’s portfolio.

      “It’s terrific for the entrepreneurs and for the angel investors themselves,” he said. “People can pick and choose which deals to take part in, and business owners get some valuable experience in presenting their case and making a pitch for capital.”

      Getting Down to Business

      As he talked about the portfolio and how companies get added to it, Silva said it features diversity, some local companies (he’d like there to be more), and is dominated by that ‘boring, but profitable’ quality, with only about 20% of the companies in the broad tech sector, a statistic that reflects the region.

      “An angel group tends to reflect the industries of the region the group of angels comes from, because you invest in what you know,” he said, adding that most all of RVI’s members have a deep commitment to Western Mass. and want to help entrepreneurs here, even if it sometimes means settling for a lower return on their investment.

      Selecting a few companies in the portfolio as representative of what the group and individual investors are looking for, he mentioned PAWS, now based in Wilbraham. This is a venture that has consolidated several pet death-care service providers, and it really caught the attention of group member Glenn Hanson, who now serves as CEO.

      “It’s a solid company meeting a real need,” Silva explained. “There is great growth potential there.”

      Optical Alchemy is another good example of a solid, relatively low-risk investment opportunity that appealed to many members and represents RVI’s “sweet spot,” he said.

      “They make housings for very fancy cameras that go on unmanned aircraft like predator drones,” he explained. “They started this five years ago when this industry was just starting to gain some momentum, but they said, ‘this unmanned aerial thing is really going to take off.’ They developed products that are one-10th the weight and one-fifth the cost of what was on the market; it’s so dramatically cheaper and lighter that you can make a class of vehicles that you couldn’t before.”

      Oxford Performance Materials, a company that was recently sold, yielding a 24% internal rate of return, is still another example of a low-risk venture. “It’s an advanced materials company — that’s not exactly ‘boring but profitable,’ but it’s more boring than many angel groups will look at.

      “They basically found a fancy plastic that Dupont had no use for; they got the rights to it, and then they started making all these great applications for it,” said Silva. “That 24% return was a little less than we were looking for, but it was a lot better than what the stock market was doing at the time we sold it [last fall]; September changed our perspective on a lot of things.”

      He told BusinessWest that dexrex is that exception to the rule, adding that it was essentially a startup that falls into the broad category of technology. It was started by Lyman and Tortola in 2005 while they were still students at UMass, and was created to meet what was then an unmet need — to help people (and eventually businesses) save and manage their IM and text messages.

      The raw startup didn’t fit the general RVI description, but it did catch the attention of many investors.

      Lyman told BusinessWest there was a good deal of serendipity involved with his company eventually becoming a key addition to RVI’s portfolio.

      Indeed, he and Tortora were late getting their entry in for an executive-summary competition staged as part of the Entrepreneurship Initiative at UMass, and disqualified. But they showed up anyway, and made an impromptu pitch to Hanson, who happened to be one of the judges for the event. He was impressed enough to help get the partners on the schedule for one of the monthly meetings, and, to put it mildly, they made the most of that opportunity.

      The company was first given some seed-stage money by Hanson and others to advance their concept, and it was later awarded some early-stage funding to take the business to the proverbial next level. Both infusions were in the form of equity funding, as nearly all RVI’s investments are, and they represent a sizeable stake in the company, maybe 30%, said Lyman, but the assistance has been invaluable in taking the company to where it is today.

      As for the future, dexrex may be relocating to Cambridge, where it now has a second office, said Lyman, but it might stay in the Valley if the opportunity presents itself.

      “We’re looking hard at Cambridge, primarily because of the proximity of financial firms and technology firms that we do business with, and also because of the proximity to a number of colleges that we could recruit from,” Lyman explained. “But nothing is set in stone; most of us really do like Western Mass. It’s a good working environment, and it has the five-minute commute instead of the two-hour commute. There are many advantages to doing business from here.”

      While losing dexrex to Eastern Mass. would be a loss for the region, the bigger story is that RVI helped get the company off the ground, and it helped bring several jobs to the region, said Silva, adding that he hopes, and expects, that this script will be followed with many more companies in the future.

      On-the-money Analysis

      Summing up his involvement with RVI and his outlook on the need to infuse capital into the region’s business community, Doherty said, “my heart goes out to entrepreneurs; they make it work, but it’s definitely not easy.”

      The region’s first angel-investing group is making it somewhat easier, he continued, by closing the capital gap and enabling business owners to state their cases in front of several potential investors at the same time.

      Time will tell just how big a force the group can become when it comes to creating and retaining jobs, but its impact is already being felt, and in a number of ways.

      Essentially, it is connecting entrepreneurs with angel investors, and the results have been heavenly, thanks in large part to that focus on ‘boring, but profitable.’

      George O’Brien can be reached at[email protected]

      For more information on Rivervalley investors:www.rivervalleyinvestors.comAngel Catalyst:www.angelcatalyst.com

      By
      Departments

      The following business incorporations were recorded in Hampden, Hampshire and Franklin counties and are the latest available. They are listed by community.

      CHICOPEE

      Nucleo Sportinguista De Chicopee Inc., 147-149 Exchange St., Chicopee, MA 01013. Antonio J. Forte, 173 Summit Ave., Chicopee, MA 01020. To establish and maintain a place for holding meetings; to encourage and perform civic, cultural, and social activities relating to the sport of soccer.

      EASTHAMPTON

      New Beginnings Chiropractic, P.C., 41 South St. Unit 1, Easthampton, MA 01027. Matthew J. Charles, Same. Chiropractic services.

      EAST LONGMEADOW

      Richard Kane & Associates LTD, 87 Shaker Road, East Longmeadow, MA 01028. Richard Kane, 1 Kelly Dr., Westfield, MA 01085. Perform real estate appraisals.

      LUDLOW

      Rebingham Inc., 11 Nash Hill Road Suite 1, Ludlow, MA 01056. Reginald E. Bingham, Same. To engage in real estate activities.

      NORTHAMPTON

      Amna Trading Inc., 776 North King St., Northampton, MA 01060. Babar Hussain, 73 Bartlett St., Apt. 3089, Northampton, MA 01060. Gasoline and retail trading products.

      SOUTH HADLEY

      Re-energizer Inc., 20 Jewett Lane, South Hadley, MA 01075. Peter McAvoy, same. To collect manufacture, and re-sell fuel energy in solid and liquid form, as well as insulation material, derived from plant-based waste products and freshly grown plants.

      SPRINGFIELD

      Axiom Insurance Agency Inc., One Monarch Place, Suite 2510, Springfield, MA 01103. Peter K. Kenyon, Same. Insurance agency.

      Cabos Fashions Inc., 795 Liberty St., Springfield, MA 01104. Edwin Acevedo, 1264 Page Blvd., Springfield, MA 01104. Retail clothing.

      Cristo Sana Y Salva Corporation, 43 Pendleton Ave., Apt. 10A, Springfield, MA 01109. Juan Ocasio, Same. Community outreach to spread the gospel.

      		  

      WESTFIELD

      Iglesia De Dios Pentecostal Una Luz En Tu Camino, 124 Westfield Road, Holyoke, MA 01040. Elier Rodriguez, Same. To do outreach work to promote the gospel for a better living.

      Tekoa Country Club Inc., 459 Russell Road, Westfield, MA 01085. Daniel S. Burack, 157 Somers Road, PO Box 414, East Longmeadow, MA 01028. Restaurant, bar, and banquet facilities.

      WESTHAMPTON

      Meehan Properties Inc., 19 Perry Hill Road, Westhampton, MA 01027. James Meehan, Same. Commercial property development and rental.

      WEST SPRINGFIELD

      Cafeno’s Inc., 380 Union St., Suite 55, West Springfield, MA 01089. Steven Sheldon, 131 Reservoir Ave., Westfield, MA 01085. Own, operate, and manage Internet cafes.

      Freeline Transportation Services, Inc., 25 George St., West Springfield, MA 01089. Aliaksandr Tabolich, 126 Union St., Westfield, MA 01085. Operating specialty and dedicated services of transporting passengers via minivans, limousine, and other passenger vehicles on a for-hire basis.

      WILBRAHAM

      Independence Home Improvement Inc., 60 Manchonis Road, Wilbraham, MA 01095. David J Magazu, Same. Sales and home improvement contracting services for residential homes and properties.

      New England Sewer & Drain Inc., 20 Cottage Ave., Wilbraham, MA 01095. Jeannine C. O’Brien, 1 Carol Ann Dr., South Hadley, MA 01075. Construction, installation, and repair of sewer pipes and linings.

      By
      Departments

      Springfield Names Development Chief

      SPRINGFIELD — John Judge, a real-estate developer in Boston, has been named the city’s new chief development officer. He will succeed David Panagore, who left last fall to take a similar position in Hartford. Judge, 42, who was introduced by Mayor Domenic Sarno at a City Hall press conference, brings a varied résumé to his position. He’s president of Judge Co., a real estate development firm based in Boston, and previously served as director of Habitat for Humanity of Greater Boston. As he was introduced, Judge told the local press that “the challenges that Springfield is encountering right now are the challenges that America is encountering. Springfield can certainly be an incubator for innovation and ideas, an incubator in the lead, top of mind, if you will, for New England.”

      Poll: Local Firms Optimistic About Economic Recovery

      SPRINGFIELD — The recession has taken a toll on businesses across the country, and Hartford-Springfield firms are no exception: 83% report that the recession has had a direct negative effect on their business. To remain competitive, many businesses in the interstate region have postponed capital spending (48%), cut their workforce (45%), or initiated hiring or pay freezes (39%). Only a handful (9%) have raised prices. In fact, more businesses have lowered prices to boost demand, and almost half (49%) have increased marketing efforts to prepare for recovery when the economy bounces back. Those are some of the key findings in the 2009 Hartford-Springfield Regional Business Survey, released recently. Commissioned by the Hartford-Springfield Economic Partnership (HSEP), the survey was conducted by the Connecticut Business & Industry Assoc. (CBIA) and sponsored by Comcast Business Class and Kostin, Ruffkess & Co. It is a follow-up to the first survey in 2007. The survey finds that economic competitiveness, taxes, regulatory burdens, and the cost of doing business are high on Hartford-Springfield businesses’ list of concerns, while the region’s quality of life, educational institutions, and proximity to key markets rank high on the list of benefits. The majority (61%) of business leaders cited the cost of doing business as the single greatest barrier to their continued success in the Hartford-Springfield region. The sluggish economic climate overall ranked a distant second (18%), followed by the region’s demographics and skilled workforce shortage (14%). Somewhat encouraging is the fact that the proportion of businesses expecting to record a loss in 2007 and in 2009 has remained the same (23%); however, the share of businesses expecting to record a profit dropped precipitously from 71% in 2007 to a projected 41% in 2009. Perhaps the brightest news is that almost none of the businesses surveyed plan to shut down (2%). While 9% plan to sell their companies within the next five years, the vast majority (85%) expect to stay in business — and to stay in the Hartford-Springfield region. “Concerns expressed about the high costs of doing business are timely as state governments struggle with decreased revenue and flirt with increasing costs to compensate,” said Allan Blair, president and CEO of the Economic Development Council of Western Mass. “For our companies to grow when the economy improves, their costs must remain competitive. Fortunately, most businesses surveyed expect to successfully navigate these difficult times.”

      Pay Gap Between Public, Private Sectors Reaches New High

      WASHINGTON — The compensation gap between public- and private-sector employees continues to grow, according to recently released data from the federal Bureau of Labor Statistics. Overall total compensation for state and local workers in December 2008 was $39.25 per hour — $11.90, or 44%, more than in private business. A year earlier, the gap was $11.31. Public-employee benefits were 68% higher than private-sector workers — $13.38 an hour compared to $7.98. Annualized, that equates to $27,830 for the average government worker and $16,598 for the average employee in the private sector. Last year, the cost of public-sector benefits rose three times more than those in the private sector — up 69 cents for government workers and 23 cents for private-sector employees, according to the new report. The public-private wage gap has remained about the same since 2002, the report states, but for every $1-per-hour pay increase, public employees have received $1.17 in new benefits compared to 58 cents for private workers.

      Consumer Confidence Climbs in May

      SPRINGFIELD — The Conference Board’s Consumer Confidence Index climbed 14.1 points in May, a much-larger jump than most analysts were expecting, bringing the confidence level to its highest mark — 54.9 — since last September (61.4). The gain was at least 10 points higher than economists were predicting, fueling speculation that the worst of the recession may indeed be over. Much of the improvement came from the expectations index, which measures shoppers’ outlook over the next six months. That barometer climbed to 72.3 from 51.0 in April. Consumers’ assessment of the present situation, however, was still weak, rising from 25.5 in April to 28.9 in May.

      Springfield’s Jobless Rate Falls

      SPRINGFIELD — A rise in seasonal hiring brought Springfield’s employment rate down from 8.7% in March to 8.2% in April, according to recently released statistics from the state Executive Office of Labor and Workforce Development. The decline mirrored a 0.4% decrease reported statewide (from 8.2% to 7.8%); however, the numbers are not quite double what they were a year ago (4.3% for the state and 4.7% for Springfield).

      Manpower Indentifies ‘Hardest-fill’ Positions

      MILWAUKEE — Engineers, nurses, and skilled/manual trades are among the nation’s most challenging positions to fill, according to survey findings released by Manpower Inc. “In the four years we have performed this research, the same positions appear on the list again and again,” said Jonas Prising, president of the Americas. “Despite the current economic instability and high unemployment, there are still skills that the U.S. workforce seems to lack.” The 10 hardest jobs to fill, as reported by U.S. employers for 2009, are engineers, nurses, skilled/manual trades, teachers, sales representatives, technicians, drivers, IT staff, laborers, and machinists/machine operators. Each of the 10 job categories on the 2009 list has appeared on the Hardest Jobs to Fill list in the past. Technicians, machinists/machine operators and sales representatives have been present all four years. Engineers, drivers, and laborers have appeared three out of four years, while nurses, teachers, skilled/manual trades, and IT staff have been present in two of the four years Manpower has performed the survey. Even with unemployment at or near record levels in many communities, Manpower’s research highlights the problem many employers are having finding individuals with the right combination of job-specific skills, experience, training, and soft skills. “It is becoming more clear that there is a talent disconnect,” said Melanie Holmes, vice president, World of Work Solutions for Manpower North America.

      Home Sales Increase in Springfield

      SPRINGFIELD — Home sales in Springfield surged in April compared to a year ago, bucking a statewide trend. A total of 90 homes were sold in Springfield in April, up 30.43% from the 69 sold in April 2008, according to figures released by the Warren Group. Year-to-date through April, there were 274 homes sold in Springfield, up 13.22% from the 242 sold in the first four months of 2008.

      Taking Lessons from History

      By
      The principals at the Dowd Group, from left, Bob Gilbert, John Dowd, and David Griffin.
      Sections Supplements
      Dowd Agency Builds on a 110-year Legacy of Relationship Building
      The principals at the Dowd Group, from left, Bob Gilbert, John Dowd, and David Griffin.

      The principals at the Dowd Group, from left, Bob Gilbert, John Dowd, and David Griffin.

      In the front lobby of the offices of the Dowd Group in Holyoke hangs a framed copy of the citizenship papers of the company’s founder, James J. Dowd, circa 1871.

      There’s a portrait of Dowd on another wall, as well as some pictures of his descendents, subsequent presidents of the firm he started in 1898. In the conference room, there’s another portrait of Dowd, a few pictures depicting early 20th-century Holyoke (this company’s only corporate home), and a painting depicting the coastline of Ireland, from which the patriarch emigrated with the rest of his family in 1865.

      The walls are so decorated to convey history and continuity, two things those with the Dowd Group are quite proud of, said John E. Dowd, fourth-generation principal, specifically executive vice president, of the James J. Dowd & Sons Insurance Agency. But while the company likes to talk about its past, it’s certainly not living in it, he told BusinessWest.

      Indeed, the landscape in insurance has changed almost as dramatically as the scene in downtown Holyoke over the past century and a half, he explained, and the company has responded accordingly. It has expanded well beyond its Holyoke roots, with offices in Southampton and Amherst and clients across the Northeast and beyond, and it has diversified, with products now ranging from insurance to financial service to employee benefits. And it continues to be both innovative and entrepreneurial.

      The latest example is a venture called WestMass Professional Insurance LLC, a recently created company led internally by Dowd principal David Griffin that is, in effect, an insurance wholesaler specializing in helping smaller agencies bring more options to customers and thus remain viable in a highly competitive market.

      “We see this as a great opportunity for us to generate new business,” said Griffin, noting that WestMass was born as a way to co-broker the products sold by provider Promutual. But there are myriad opportunities for an agency like Dowd to serve smaller players in the market — with everything from insurance and financial services products to IT support — and the firm intends to take full advantage of them.

      Innovation coupled with strong customer service and solid relationship-building efforts have been the keys to Dowd’s growth over the years, said Bob Gilbert, president and treasurer, who came to the company in 1975 and has seen it grow from just over $1 million in sales then to more than $40 million now.

      “When asked how the company has achieved such growth, Gilbert, who joined it as a principal in 1975, said the formula is fairly straightforward, and the key is execution.

      “You hire good people, you train them well, and you know your product better than the competition,” he explained. “It’s comes down to knowing your business, paying attention to customers’ needs, and learning how to listen.”

      With his background in commercial sales, Gilbert has guided the company to what he called a 180-degree transformation, from an agency specializing in personal-lines products a quarter-century ago to one that now has 85% of its portfolio in the broad category of commercial work.

      Moving forward, he wants to build on the company’s legacy of relationship-building, and take that ability in new directions, thus spawning new and different opportunities.

      In this issue, BusinessWest looks at a company that is rich in history, and eager to write some new chapters to the story.

      Irish Eyes

      John Dowd says he enjoys talking about the company’s history, which is good, because there’s plenty of it, passed down by subsequent generations of the family. There are many singular events and circumstances, he told BusinessWest, which combined to give this agency its start — and to remain in business for more than a century.

      It all starts with Dowd’s great-great-grandfather, also named James Dowd, who, when hard times hit County Kerry Ireland in 1865, came to America with his wife and 14 children. It was one of those children, James, who would eventually create the firm, although insurance wasn’t his original career pursuit or passion.

      Instead, he started in retail (he bought the small grocery store he worked at) before becoming an assessor in Holyoke — the start of work in public service that included several terms in the state Legislature — and eventually board chairman. That was a post he lost when he and a colleague and eventual business partner, Jeremiah Keane, refused to bow to pressure from the mayor of the city and assign a modest assessment to the property of one of the mayor’s friends. In September 1898, they started Keane and Dowd, an insurance and real estate business, in Room 32 of the Ball Building, later known as the Holyoke National Bank Building.

      James Dowd’s son, James J. Dowd II, attended Holy Cross College, as many members of this family have over the past century or so, and played baseball there. A pitcher, he was good enough to earn a contract from the Cincinnati Reds for the then-lucrative amount of $2,200 a year.

      But a year later, in 1916, he gave up a promising career in baseball to take over the family business, then named James J. Dowd & Son after Keane left the firm to return to the assessor’s office following his father’s unexpected death.

      “My great-grandmother called him and told him he had a choice to make,” Dowd told BusinessWest. “She said, ‘you’ve got the agency your father started and worked hard to build or your professional career — what’s it going to be?’ Obviously, he chose to quit baseball.”

      Fast-forwarding through the company’s history somewhat, John Dowd said the company grew and prospered through the 20th century, moving several times (always staying in downtown Holyoke, though) to accommodate this growth, while successive generations of the family, as well as industry veterans such as Gilbert (in 1975) and Griffin (1998), have assumed leadership roles.

      In 1947, the third generation of the Dowd family, James Jr. (John’s uncle), joined the agency, followed by his brother, John (John’s father), a few years later. They took the helm in 1960 when James J. Dowd II passed away. In 1974, John’s father passed away unexpectedly, leaving the company in the hands of his uncle; his cousin, James Dowd III, who joined the agency that year; and, a few months later, Gilbert.

      By All Accounts

      He had been working for Aetna, essentially teaching independent agents (including those at Dowd) how to sell commercial products — workers comp, liability, property insurance, bonds, and more — when he was approached by James Dowd Jr. about joining the agency in a leadership role.

      “He offered me an opportunity I just couldn’t pass up,” he said, adding that, with his background in commercial products, the firm soon started gravitating in that direction.

      It has been an effective growth formula. “The opportunities to grow a business are there in commercial, because you can write a couple of commercial accounts, while it may take you 40 personal-lines accounts to reach the same number. And it takes a lot of time to gain 40 new accounts.”

      In the ’80s, the Dowd agency expanded geographically, first into Southampton with a venture now called the Dumont-Dowd Insurance Agency, and then into Amherst with the Cray-Down Insurance Agency. These ventures, along with the original Dowd agency and Dowd Financial Services, comprise the Dowd Group.

      Through its existence, the company has always thrived through its success in relationship-building, said Gilbert, noting that early relationships were mostly with families and businesses in Holyoke, and that, in latter years, they were defined by a much-wider geographic area and a much-broader range of businesses.

      It was relationships — those John Dowd forged when he was in college (St. Michael’s in Vermont, not Holy Cross) and later in Boston that helped the Dowd agency earn the business of Suffolk Downs in the ’80s and ’90s. Dowd remembers going to the track on many occasions. “I’d bring friends, we’d sit in the owner’s box and act like big wigs, while placing our $2 bets.”

      And it was similar relationships, as well as some effective bidding, that helped the agency gain a lucrative contract with the University of Mass-achusetts, one it kept for 15 years, to insure buildings at its then-three campuses.

      “We eventually lost that contract to politics,” said Gilbert, adding quickly that the company’s portfolio remains large and diverse, with clients ranging from the Eastern States Exposition to Sullivan Trucking to dozens of general contractors.

      The challenge at hand is to continually expand that portfolio.

      And as he talked about how to go about doing that, Gilbert returned to the matter of relationships, noting that the ability to maintain them and forge new ones is critical to continued growth in a region typically defined as a low-growth area, meaning one with little if any residential and commercial growth.

      Gaining larger market share in the insurance realm, as in banking, to a large degree, comes through customer service, finding ways to distinguish oneself, even when many of the products and services being offered are similar in nature, and finding new avenues for growth and revenue, he continued.

      Agents of Change

      One such avenue is WestMass Professional, a venture that grew out of the necessity for Promutual, a writer of medical and professional liability coverage, to secure what’s known as a co-broker to work with smaller agencies to renew existing policies and write new ones.

      That co-broker became WestMass Professional after roughly a year’s talks, said Griffin, adding that the new venture could lead to new and similar opportunities for co-brokering products, especially with changes in the automotive market from managed competition to open competition, in which consumers can effectively shop for lower rates.

      “In Massachusetts, 85% of the personal-lines business was being written by independent agents, but because we were in a non-competitive state, there wasn’t a lot of product you could sell, per se; all you were really selling was your services,” he explained. “We recognized very early on that there would be a lot of smaller agents that would be limited in their competitive ability because they represented only one or a few carriers, and there might be an opportunity to wholesale to some smaller agencies so they could expand the portfolio of carriers they could represent.

      “We broached this idea with our carriers first, to get their blessing,” he continued, adding that most of them gave it. And from there, the discussion of wholesaling certain products was expanded from personal lines to commercial products as well.

      Eventually, three ‘portals of opportunity,’ as Griffin called them, emerged from this wholesaling concept: medical and professional, personal lines, and commercial.

      Soon, other potential portals came into focus as those at Dowd anticipated other needs among smaller agencies. One such need is the ability to sell financial-services products — Dowd has a separate division that could make such products available — while another is for assistance with what Griffin called agency-management services, meaning everything from accounting to IT support — and Dowd has its own IT-support department.

      And there are more opportunities on the horizon, he continued, listing everything from help with succession planning, or selling or agency, to help understanding and then coping with new privacy-of-information laws that were originally slated to take effect May 1, have been pushed back, but will soon become reality.

      “These will impact an insurance operation in many ways,” said Griffin. “Our IT person is fully conversant on the law and how to come into compliance, and he’s knowledgeable on all aspects of the measure.”

      The sum of these portals is a large opportunity to create a large and reliable stream of new revenue, said Gilbert, adding that the business plan for these ventures is still in progress. Several agencies have been approached concerning these services, and at least five have signed on, with the potential for many more over the coming months. There is already limited competition in the wholesaling realm, and the possibility of much more, but those at Dowd believe they have an attractive model, one that leaves participating agencies with desired levels of flexibility and control.

      “With some models, you’re selling yourself to the devil, lock, stock, and barrel,” he explained. “Our approach is a little more hands-off, where you can use us in any of those disciplines that you want, but it isn’t a requirement that you use us for all of them.”

      Dowd agreed. “The agencies get to maintain their identity, or their sovereignty, if you will,” he said, adding that the arrangement entered is a true partnership, or relationship — there’s that word again — that benefits both parties.

      Overall, Gilbert said Dowd will continue to be imaginative and entrepreneurial in their approach to finding new business opportunities, personality traits that will be needed in a new era for the insurance industry, one defined by opportunities, but also heightened competition.

      Traditions — at a Premium

      When the Dowd agency turned 100 in 1998, the company marked the occasion in a number of ways. It printed a commemorative booklet telling the history, for example, and several members of the Dowd family paid homage to the founder at the Holyoke St. Patrick’s Day parade that year.

      “Several of us dressed up as Irish immigrants,” John Dowd recalled, adding that the plan was to get a horse and Irish trotting buggy and ride it down the parade route.

      But things didn’t go according to plan.

      It snowed heavily the night before the parade, and the owner of the horse to be rented for the day decided it was too dangerous to send the animal out on the slippery streets. So members of the Dowd family walked.

      “My three-year-old daughter cried for most of the three miles,” said Dowd, adding quickly that the march has become a small part of family lore.

      There is a great deal of history at Dowd — on the walls, in the family scrapbooks, and in decades worth of Holy Cross yearbooks. But while there is immense interest and pride in the past, this is an organization firmly focused on the present and the future.

      And on making some more history.

      George O’Brien can be reached at[email protected]

      Planning Ahead

      By
      Sections Supplements
      How to Save Your Nest Egg From Nursing-home Costs

      You have spent the majority of your life working and building your nest egg so that your retirement will be well-funded. Unfortunately, retirement comes at a time when the possibility of catastrophic illness is more likely.

      Of all Americans age 65 or older, approximately 43% will enter a nursing home during their lifetime. Given that the average yearly cost of nursing home care is $90,000, and that the average stay will last two and a half years, planning for long-term-care costs is crucial, as these costs will deplete your nest egg at an alarming rate. Planning ahead, which is planning several years prior to nursing-home admission, will mean the difference between spending your nest egg to finance your care and preserving your nest egg for your family.

      Long-term nursing-home care is not paid for by Medicare or Medicare supplemental insurance. While Medicare may provide benefits for a short time period, once Medicare benefits end, the nursing-home resident must find another source of payment. Medicaid benefits are available to help pay for nursing-home care, but they are available only after eligibility requirements, which include strict asset limits, have been met.

      Recent changes in Medicaid law have significantly reduced last-minute asset-protection opportunities. While there are still a few beneficial options available if you fail to plan ahead, they apply only in very specific situations and are much less fruitful than plans completed several years in advance. The only surefire way to maximize the assets protected for your family is to begin planning at least five years prior to a nursing-home admission.

      Obtaining long-term-care insurance can alleviate the draining of assets and provide increased financial stability. Most long-term-care insurance policies will pay for long-term nursing-home care, although some pay benefits only for home care. Benefits are paid according to what is specified in the contract purchased.

      A wide range of policies is available, including unique combinations of benefits and pricing structures. For example, some policies will pay for nursing-home, assisted-living, or home-health-care expenses, thus increasing one’s long-term care options.

      Some policies provide that, if long-term care benefits are not used, the premium may be refunded as a death benefit. In order to purchase long-term-care insurance, you must be insurable, which means that you must not have a health condition that would prevent the insurance company from providing you with insurance.

      Assuming you do not purchase long-term-care insurance or that you are already uninsurable, you should consider purchasing assets that will not count toward the asset limit for Medicaid benefits. Non-countable assets presently include an irrevocably prepaid funeral, a burial account of no more than $1,500, a minimal amount of life insurance, a car, and, in some cases, a home. The payment of outstanding debts, such as a mortgage or credit-card balances, can also be beneficial in some cases.

      Assuming that five years will pass before your admission to a nursing home, a gifting plan may be considered. When applying for Medicaid benefits, the Division of Medical Assistance will look at the five-year period immediately preceding the application to determine if you made any gifts. If gifts are found within this time period, a penalty period will be assessed, during which time the division will not pay any Medicaid benefits on your behalf. If at least five years and one day have passed since the date of the gift, under the current rules, the gift will not need to be reported when applying for benefits. Hence, no penalty period will be assessed.

      A gifting plan may consist of outright gifting to your beneficiaries, usually your children, or to an irrevocable trust that can continue to provide you with income until you pass away. There is danger involved in gifting, as you may be admitted to the nursing home prior to the expiration of the five-year-and-one-day period. You must plan for this possibility before beginning any gifting.

      As opposed to a gifting plan, if you are presently being cared for by one of your children, you might consider establishing a paid-care agreement with your child. Rather than gifting assets, you pay your child for the care provided to you according to the terms of the agreement. As you pay for care, you are spending down your assets to purchase the services, as opposed to gifting the assets, and you are also benefiting your child by providing him or her with additional income. These agreements must be reasonable and fair to you and your caregiving child.

      The planning strategies mentioned in this article are extremely complex and contain various benefits and detriments. Should you wish to determine which strategy, if any, is best for your situation, it is highly recommended that you seek the advice of your elder-law attorney before you take any further steps. Do so now to avoid paying later. n

      Gina M. Barry is a partner with the law firm of Bacon Wilson, P.C. She is a member of the National Assoc. of Elder Law Attorneys, the Estate Planning Council, and the Western Mass. Elder Care Professionals Assoc. She concentrates her practice in the areas of estate and asset-protection planning, probate administration and litigation, guardianships, conservatorships, and residential real estate; (413) 781-0560;[email protected].

      By
      Departments

      The following business incorporations were recorded in Hampden, Hampshire, and Franklin counties and are the latest available. They are listed by community.

      AGAWAM

      The DHL Group Inc., 387 Springfield St., Agawam, MA 010010. David Ceron, Same. Installation of doors, hardware, and locksmith services.

      BELCHERTOWN

      Dharma Properties Inc., 21 Evertett Ave., Belchertown, MA 01007. James Moran, 20 Short Road, Hardwick, MA 01037. Real Estate.

      FLORENCE

      Garbaryan Violins Inc., 121 Sandy Hill Road, Florence, MA 01062. Andranik Gaybaryan, same. Stringed music instrument-making and restoration.

      GRANBY

      Linda Robinson Dental P.C., 231 Amherst St., Granby, MA 01033. Linda M. Robinson DMD, Same. Dental services.

      HOLYOKE

      20089 Inc., 50 Holyoke St., Holyoke, MA 01040. Harry C. Chen, same. Retail fast food service.

      IMS Realty Corp., 663 High St., Holyoke, MA 01040. Ilya M. Shnayder, same. All business relating to the development, management, and investing in real estate.

      Riverside Logistics Inc., 20 Hadley Mills Road, Holyoke, MA 01040. Michael J.
      ‘Sullivan, same. Sale of graphics arts supplies.

      PALMER

      K.E.Y. Property Services Inc., 53 Fuller Road, Palmer, MA 01069. Robert A Young, same. Landscaping and construction services.

      SPRINGFIELD

      Blitzin Bears Inc., 187 King St., Springfield, MA 01109. Eric M. Brown, same. To promote and carry out athletic exercises, including a football club and special organization in order to promote civic, educational, charitable, and benevolent purposes.

      		  

      Concerned Citizens of Mason Square Inc., 153 Princeton St., Springfield, MA 01109. Synthia Scott-Mitchell, same. To increase the availability of nutritious, locally-grown competitively priced produce, and to participate in collaborations aimed at increasing food security in the Mason Square neighborhood of Springfield.

      Fortune Infinite Enterprises Inc., 132 Fort Pleasant Ave., Springfield, MA 01108. Anthony Gibbs, 356 Newton St., South Hadley, MA 02075. Retail and entertainment.

      MMY Convenience Inc., 295 Allen St., Springfield, MA 01108. Yasir Osman, 197 Florida St., Springfield, MA 01109. To operate a convenience store and gas station.

      RICKAA Inc., 685 Sumner Ave., Springfield, MA 02208. Rizk G. Abiassaf, 15 Bryant St. Springfield, MA 01108. Auto repair, gas station, and convenience store.

      WESTFIELD

      Massachusetts Women in Public Higher Education Inc., 577 Western Ave., Westfield, MA 01085. Tracy Charbonnier, 184 Summer St., Abington, MA 02351. To strengthen the status of women as professionals and to advance the role of women in public higher education.

      McCoubrey Enterprises Inc., 231 Union St., Westfield, MA 01085. John A. McCoubrey, 344 Valley View Dr., Westfield, MA 01085. Auto repair shop and sale of auto parts/used cars.

      WEST SPRINGFIELD

      JI Cleaning Services Inc., 117 Ashley Ave., West Springfield, MA 01089 John Silva, Same. To operate a general cleaning service.

      WILBRAHAM

      Bonavita Health Care Services P.C., 28 Shady Lane, Wilbraham, MA 01095. William E Bonavita, Same. To provide health care.

      IAPP Richard Fowler Foundation Inc., 568 Main St., Wilbraham, MA 01095. Francis Stetina, 13108 Idlewild Dr., Bowie, MD 20715. To raise funds for the education of photographers about panoramic photography.

      Cornering the Market

      By
      John DeVoie
      Sections Supplements
      Restaurant Venture Will Light Up a Dark Spot in Tower Square
      John DeVoie

      John DeVoie, seen standing in the future home of the second Hot Table location, believes Tower Square is ideal for his venture.

      John DeVoie knows the recent history of the restaurant site in the southeast corner of Tower Square — it’s been vacant for nearly a year and has seen several establishments come and go over the past decade — and he’s not fazed by it one bit.

      That’s because he believes the failures, if some could even be called that, were due to circumstances or factors that had nothing to do with location. And, more to the point, he’s quite confident that he has a product, or model, that will succeed in that highly visible spot.

      It’s called Hot Table, a name derived from a form of fast, casual dining DeVoie experienced in Italy (more on that later), and placed over an eatery that he and his brother, Chis, opened in the 16 Acres section of Springfield roughly two years ago. The establishment features signature panini sandwiches — from ‘three cheese chicken’ to ‘steak horseradish’ — and has successfully drawn business from nearby MassMutual, Western New England College and other schools in the area, and the surrounding residential community.

      And when the brothers DeVoie, natives of Springfield, opened the doors to the eatery, they did so with the understanding that they were starting a business, not a single sandwich and coffee shop.

      “The initial plans called for opening a second location within 18 to 24 months, and we’re right at two years, so we’re on schedule,” he said, adding quickly that they would likely have moved sooner, but last fall was not the time to be seeking capital to open a restaurant.

      But long before last autumn, the location of that second restaurant started to come into focus. Officials with Tower Square and the DeVoie brothers started talking roughly a year ago, said John, noting that both had some clear objectives. The property’s owners wanted a stable tenant that could draw visitors to the corner of Main Street and Boland Way, said DeVoie, adding that he and his brother wanted a site with both vast potential and great visibility with which to expand and brand Hot Table.

      It took some time to get the deal done, but now that work has commenced at the site, there is optimism that the new restaurant will breathe some life into the still-struggling retail component within Tower Square, and provide more momentum for the DeVoies’ business venture.

      “The corner spot at Tower Square is the most visible location in downtown, and the importance of having a vibrant business at that location is imeasurable,” said Russell Denver, president of the Affiliated Chambers of Commerce of Greater Springfield. “Hot Table has proven at its Breckwood Boulevard site that it knows what it takes to attract professionals and students alike to their business to be profitable.”

      Said DeVoie, “we’re happy to be lighting up that corner. This location is going to help us brand Hot Table. Everyone goes to Main and Bolland eventually, and when they do, they’re going to see our name, and so when we go to Westfield or West Springfield, or another community in the region, people will know us.”

      As he talked about the factors that led to the recent press event announcing Hot Table’s pending arrival downtown, DeVoie flashed back to a visit to the 16 Acres restaurant last year by Fred Christensen, Tower Square’s senior property manager.

      “He came to see the operation, and when he arrived, there was a long line of people going almost out the door,” DeVoie recalled. “He saw all the people with MassMutual badges and noted that they not only drove a mile to get there, but probably had to walk a mile first to get to their cars in the parking lot. That was enough for him.”

      As for DeVoie and the Tower Square space, he was pretty much already sold, although there was considerable negotiating still to do. And the ensuing deal appears to give both parties what they want and need: for Tower Square, a drawing-card tenant that fills a highly visible void; and for Hot Table, an affordable location at one of the region’s busiest intersections.

      That figures nicely into the growth plans for the business, which DeVoie conceptualized after spending 18 years in corporate sales for Alcoa and realizing that it was time for something else. “I was 40, and I knew that, in sales, they generally try to put you out to pasture when you’re 50,” he explained. “I had some time to go, but that 10 years comes up fast.”

      DeVoie said he has long wanted to launch his own business, and when he started seriously considering options, he focused on one apparently common in Italy. There, small shops called Tavola Caldas serve hot, fresh food and desserts quickly to their patrons. The literal English translation of that phrase is ‘hot table,’ the name trademarked and then given to the venture by the DeVoies and their brother-in-law, Don Watroba, also a co-founder.

      The three chose a somewhat tired strip mall across Wilbraham Road from Western New England College to start their venture, citing its proximity to MassMutual and several schools, and also what they considered an “underserved” area.

      And they used that same word to describe downtown Springfield. Indeed, while there are several restaurants downtown, DeVoie said there isn’t anything quite like what Hot Table has to offer — a mix of gourmet coffee, unique panini sandwiches, and affordable prices.

      “Our intent was to start our company in Springfield, grow our name regionally, and then see where that takes us,” he said, referring to the initial five-year plan and speculation about what might follow.

      “We wanted the second store to be close to the first one, and we looked at the demographics of what we do, specializing in breakfast and lunch, and said, ‘OK, where’s the highest concentration of people working in one spot in Western Mass? It’s not Longmeadow, it’s not Northampton, it’s not Holyoke — it’s downtown Springfield, and that’s where we want to be.

      “And in our efforts to build a regional brand, what better place to drop a store than right in the heart of the biggest city in Western Mass. and in the best piece of real estate in the city?” he asked as he continued. “That was evidenced by our press conference; we didn’t have a press conference when we opened in 16 Acres, and we wouldn’t have had one if we were opening in West Springfield.”

      That press conference was attended by a number of civic and business leaders who expressed the hope that Hot Table would create a spark in the downtown and eventually help light up much more than one currently dark space.

      And DeVoie believes his venture can provide one.

      “Knowing the history of that site, I’d say there is an element of risk involved with it,” said DeVoie. “But we’re very confident in the product we sell and the service we provide — and we’re also confident in Springfield and in Tower Square.”

      —George O’Brien

      By
      Departments

      Ten reasons to : Hire a lawyer for domestic- relations proceedings

      1. You don’t know the law. Pro-se litigants frequently encounter roadblocks that can cost not only time and money, but missed deadlines and case dismissals.

      2. Limited assistance representation. The court has instituted a cost-effective program whereby a lawyer can represent a party in just one aspect of their case such as a court hearing or preparing a memorandum.
      3. Child support guidelines. The way child support is calculated in Massachusetts has changed dramatically. Calculations are highly complex, and there are now many built-in deviation arguments.
      4. Dealing with other attorneys can be difficult. Pro-se litigants are at a severe disadvantage. A lawyer has the knowledge and experience to manipulate facts and law to their client’s benefit.

      5. Knowing the judge. Lawyers are familiar with how judges think and are likely to rule on a particular issue, thereby enabling them to prepare accordingly.

      6. Public speaking. Courtrooms are typically open forums. Lawyers are accustomed to speaking in venues with many people present.
      7. Thinking on your feet. Presenting your case in court requires articulate on-the-spot arguments that are compliant with court rules and laws.
      8. Knowing procedural rules. Lawyers know how to serve the other party, when to bring motions, how to dismiss a case or request a continuance, and how to conduct discovery.
      9. Trying cases. It takes a highly skilled lawyer to effectively make opening and closing statements, enter evidence, elicit testimony, and propose judicial findings.

      10. ‘He who represents himself has a fool for a client.’ With the Family Court home to such emotionally charged issues, lawyers are able to think objectively.

      Melissa R. Gillis, Esq. is an associate with Bacon Wilson, P.C. She is a member of the Family Law and Real Estate departments; (413) 781-0560; [email protected]; bwlaw.blogs.com/familylawbits

      Distressed Properties and Property Values

      By
      Sections Supplements
      What You Need to Know to Profit in the Current Real-estate Market

      As commercial vacancy rates continue to increase and property values decrease, the region is faced with more commercial real estate on the market. These properties may become distressed if property owners don’t address the hard realities of their real-estate holdings and enter into sometimes difficult discussions with their lenders and/or sources of capital.

      Nationally and in our region, certain industries are being hit harder than others. Three that come to mind are hospitality, retail, and financial services. Here are some of the reasons why.

      Companies are controlling costs by decreasing travel budgets, while individuals are reducing leisure travel to save money. Both of these situations translate into reduced occupancy rates at hotels.

      Certain retailers are focusing on top-producing locations and closing locations that don’t contribute enough to the bottom line. Other retailers have already disappeared from the landscape and are unlikely to return.

      Financial-services companies are trimming human resources and searching to reduce operating costs. Do they still need the same amount of office space?

      Overall, most businesses are looking for ways to reduce operating expenses. To do so, many are renegotiating rental rates.

      As a whole, the hospitality, retail, and financial-services sectors are substantial users of real estate. When they contract space to maintain their operations, the market can be left with a variety of empty buildings. On the other hand, property owners of certain types of real estate may be more immune to some of the downward drafts caused by the regions’ economy. But they still need to keep a watchful eye.

      The contractions in today’s market are stressing the real-estate industry in the form of lower rental revenues and property values. Complicating the matter is the difficulty some property owners and developers have accessing cash and credit.

      Property owners who borrowed money for a project based upon a specific value of the property at that time and who have an interest in selling the property or restructuring the debt may be ‘upside-down.’ In other words, they may owe far more on their mortgage than the property is worth today.

      The Cap-rate Factor

      Many of the financial problems inherent in our economy, such as reduced consumer confidence and spending as well as reductions in employment, contribute greatly to contractions in rental income and net operating income (NOI) for income-producing real estate. However, another factor that has significantly affected the fair market value of these properties is the increase in capitalization or ‘cap’ rates.

      A cap rate is based on the rate of return that an acquirer of a property is looking to earn (assuming no debt on the property). The most common way that income-producing properties are valued (and therefore sold or purchased) is by applying the cap rate to a property’s net operating income. Changes in cap rates are based on market factors and can have significant impact on the ultimate value of a property.

      For example, if a property generates $800,000 in annual net operating income and the market cap rate for this property is 8%, then the value of the property would be equal to $10 million ($800,000/8%). However, if cap rates increase (which they have) and the new cap rate is 10%, this property would now be worth $8 million. Additionally, if the NOI decreases by 20% to $640,000, the value of this property now becomes $6.4 million.

      As illustrated by this example, what we see today are rising cap rates and decreasing income from properties, which fuels declining property values. This combination creates challenges for property owners with loans to repay and lenders with decreasing values of loan portfolios. In short, property owners may be left holding undervalued real estate when compared to the original purchase price and the outstanding debt on the property.

      Some lenders are looking to divest themselves of non-performing, undervalued notes discounting them by as much as 60% in some parts of the country. However, even at deeply discounted rates, some properties may not be a good value. For instance, if a lender applies a 25% discount to a $4 million note written in 2002 and the current value (because of credit issues with tenants, contraction of net operating income, and increased cap rates) of the property collateralizing it is less than $3 million, this may not be such a great deal.

      The decreasing value of property is one of the characteristics leading to the credit crunch. Even though local and regional lenders are writing commercial real-estate loans to creditworthy clients, national lenders are most often looking to establish and strengthen relationships with the most-experienced and financially sound real-estate companies. Many investors still need access to capital to restructure debt and finance new projects.

      Profiting with Distressed Properties

      For clients with cash and access to credit, there are opportunities to pursue in the region. However, it must be ‘patient money.’ If you’re acquiring a distressed property with pre-existing tenants, do your research. When evaluating a potential acquisition, the final decision is as much a marketing decision as a financial one. Here are some questions to consider:

      • What is the credit-worthiness of the tenants?
      • What are the lease rates and lengths?
      • What is the realistic rate at which you think current tenants will renew their leases?
      • What is the realistic marketability of the project given its location and the activity in the market?
      • Will you need financing for the project? Where will you get it?
      • Which lenders in the market are active?
      • How long can you support the property if it generates a negative cash flow?
      • What are the tax consequences of the deal?

        • This whole scenario, unless intelligently discussed, can be fraught with confusion, frustration, dead ends, and unique circumstances.

        If property owners and managers can look forward and realistically project their ability to retain their tenants, attract new tenants, negotiate their operating costs, and maintain a flow of capital, they will be better able to weather the storm and build a solid foundation for the future.

        When charting a course through today’s economic obstacles, a seasoned real-estate accountant is invaluable. Such an individual can anticipate challenges before they arise and revise business and financial models to position the organization for success. For instance, if a client is going through debt restructuring, it’s important that their accountant communicate with lenders to evaluate acquisitions and divestitures and help them minimize tax consequences.

        As real-estate companies and lending institutions throughout the region find themselves adjusting to the distressed commercial real-estate market, we advise working together in a spirited effort. By doing so, we will position our region for economic growth and prosperity.v

        Ed Kindelan is Real Estate Services Group leader at Kostin, Ruffkess & Co., LLC, a certified-public-accounting and business-advisory firm. Beyond traditional accounting, auditing, and tax consulting, the firm also specializes in employee benefit plan audits, litigation support, business valuation, succession-planning business consulting, forensic accounting, wealth management, estate planning, fraud prevention, and information-technology assurance. The company has offices in Springfield, as well as Farmington and New London, Conn.; (860) 678-6000;www.kostin.com

        By
        Departments

        The Bank of Western Massachusetts in Springfield has hired Anthony P. Simone as AVP-Wealth Management Advisor.

        •••••

        Communication Solutions Partners in Southwick, the communications division of Whalley Computer Associates, announced the following:
        • Mike Lata has been named to its Account Executive Team.
        • Melissa Derouin has been promoted to manage the back-office operations.

        •••••

        Douglas J. Packard has joined Bancnorth Investment Group Inc. as a Financial Advisor based in the TD Banknorth store in South Hadley. Packard provides individualized retirement and financial planning services, as well as plans for families and small businesses.

        •••••

        Spec’s Design Group, LLC in Springfield announced the following:
        • Mary A. Wilczynski has earned certification as LEED AP (Leadership in Energy and Environmental Design Accredited Professional) for Commercial Interiors.
        • Karen Michalowski has earned certification as LEED AP (Leadership in Energy and Environmental Design Accredited Professional) for Commercial Interiors.
        Wilczynski, founding principal, and Michalowski, bring 48 years of commercial design experience to the firm. They are also certified with the National Council of Interior Design Qualifications, and their professional memberships include the American Society of Interior Designers, the International Designers Assoc. and the Retail Design Institute.

        •••••

        Texcel Medical in East Longmeadow has named John Mulvihill as Vice President, Sales and Marketing.

        •••••

        Dave Worroll, Manager of the McDonald’s at 28 Hazard Ave., Enfield, Conn.; and Carmen Barrett, Manager of the Massachusetts Turnpike east McDonald’s in Blandford, were recently honored as being among the top 10% of McDonald’s managers in Connecticut and Western Mass.

        •••••

        MassMutual Financial Group’s Retirement Services Division in Springfield announced the following:
        • George Sutherland was named Division Sales Manager, Institutional Sales, for the Southeast region.
        • Scott Buffington was named National Sales Manager for MassMutual’s Taft-Hartley market segment.

        •••••

        Terri LaFlamme has joined the Feeding Hill office of Park Square Realty as a Sales Associate.

        •••••

        Monson Savings Bank announced the following:
        • Lena Buteau has been promoted to Retail Banking Officer.
        • Nancy Dahlen has been promoted to Assistant Vice President for Residential Lending and Servicing.

        •••••

        Risk Management Advisors of Canton, recently named Reed V. Hillman to its executive team as a Senior Principal.

        •••••

        Ingrid Bredenberg, Founder and Senior Consultant of Bredenberg Associates in Montague, was recently honored as a Sapphire Award winner at the Inscape Publishing MindLab Conference in Washington, D.C. Sapphire Award status is based on purchases of learning assessments and materials from Inscape Publishing.

        •••••

        Steven Bouffard will head the new Pulmonary Rehabilitation and Recovery Program at Country Estates in Agawam.

        •••••

        Valerie Demerski of Barbara Demerski Real Estate, has been awarded the National Association of Realtors Green Designation. She is now qualified to help clients evaluate the costs and benefits of green building options and related financial incentives.

        •••••

        Douglas R. Guthrie has been promoted to Senior Vice President for Comcast’s Western New England region. In this role, Guthrie is responsible for operations, financial performance and customer service for more than 800,000 Comcast customers in more than 300 communities.

        Kyle Snow of Snow and Sons Landscaping in Greenfield has passed the certified landscape professional and certified landscape technician test and is nationally certified by the Professional Landcare Network, also known as PLANET. PLANET has more than 4,200 member companies and affiliates across the country.

        By
        Departments

        Debt Doesn’t Slow Hoop Hall Plans

        SPRINGFIELD — As area residents start to make their summer travel plans, officials at the Naismith Memorial Basketball Hall of Fame hope that a visit to the hoop hall is among their stops. Hoop hall officials note that attendance is up 12% from last year and is expected to increase when NBA star Michael Jordan is enshrined in September. In recent weeks, trustees have noted a need to restructure the hall’s debt and bring in more revenue to address a seven-year, $3.5 million loan from PeoplesBank. The organization has to pay $500,000 in principal and $300,000 in interest on that loan every year. The debt was incurred when the hall moved into its current building in 2002. Trustees had planned to pay the debt with revenue it would have received from loaning items from its collection to the Sports Museum of America in New York City; however, the museum never materialized. Trustees stress that there is enough cash on hand to operate the hoop hall throughout the year. John L. Doleva, Hall of Fame president and CEO, has recently visited interested parties in California, Arizona and Nevada who may be willing to take artifacts and memorabilia from the hall on the road to raise funds.

        NBA Development League Team Comes to Springfield

        SPRINGFIELD — NBA Development League President Dan Reed recently announced that the city has been awarded a team to begin play in the 2009-10 season. Joining Maine as the league’s first two teams in New England, Springfield will play its home games at the MassMutual Center. The franchise’s ownership group is led by Mike Savit, who is the managing general partner of the HWS Group. Springfield’s roster will begin taking shape with the NBA D-League draft, which typically is conducted in early November. Founded in 2001, the NBA Development League is the NBA’s official minor league. For more information about season tickets, call (413) 746-3263.

        Northwest Suspends Amsterdam Service; Runway Reconstruction Underway

        WINDSOR LOCKS, Conn. — Connecticut Department of Transportation and Bradley International Airport (BDL) officials recently announced that the flight by Northwest Airlines to Amsterdam, set to resume June 3, has been suspended. Given the challenging economic climate and poor advance reservations, airline officials from Delta Airlines decided that the flight is not financially viable at this time, but will be reconsidered as economic conditions improve. A reduction in the flight schedule from daily to four times a week, and lower fuel costs, still couldn’t offset a drop in demand, according to airline officials. According to the Air Transport Association, Delta Airlines, parent of Northwest, cut transatlantic capacity by 11% to 13% this winter and plans to cut another 10% starting in September. Revenue for U.S. airlines fell 19% in February 2009 compared to February 2008 — the fourth consecutive month of decline. Worldwide, the International Air Transport Association estimates global loss for 2009 will be $4.7 billion. Meanwhile, passenger travel worldwide was down 10.1% year over year. In other news, a major project to reconstruct the main runway at Bradley is underway. The project, which the Federal Aviation Administration (FAA) recommends that airports perform every 20 years, was last done in 1989. The reconstruction will involve the milling, resurfacing, grooving, and painting of the 9,500-foot Runway 6/24, which serves as the primary arrival and departure runway at Bradley. Additional components of the $16 million federally and state-funded project include the upgrade of a major water main crossing and the installation of new electrical ductbanks and lighting cable. The Department of Transportation has coordinated closely with the airlines so there will be minimal disruption to flight schedules. The project will be funded through an FAA Airport Improvement Program grant and BDL Improvement Program and Passenger Facility Charge funds.

        Redevelopment Plan Set for Chapman Site

        SPRINGFIELD — The City Council recently approved the establishment of the Indian Orchard Business Park Urban Renewal Plan, a step toward redeveloping 54 acres in Indian Orchard that has been vacant for decades. City officials hope one day to create office space for businesses, as well as light industry, on the site that once housed Chapman Valve. Before the property can be developed, however, city officials must negotiate with the owners of the six parcels and complete testing of the soil for potential contamination. The city currently owns two adjoining parcels to the site. City officials also note that a series of underground tunnels and pits found on the site may compromise the strength of the foundation. Brian M. Connors, acting city chief development officer, added that the urban-renewal designation must be approved by the state Department of Housing and Community Development.

        State Foreclosure Deeds Dip 4%

        BOSTON — Fewer state properties were foreclosed on in February compared to the prior month and a year earlier, according to a new report from the Warren Group, publisher of Banker & Tradesman. The number of foreclosures initiated by lenders has climbed, however, for four consecutive months. There were 823 foreclosure deeds recorded in February, a 4.3% decline from 860 foreclosure deeds in February 2008. February foreclosure deeds were also 16% lower than January when there were 980 deeds recorded. Still, foreclosure deeds jumped 8.6% during the first two months of 2009 to 1,803 from 1,660 a year earlier. Lenders filed 2,295 petitions to foreclose in February, a 17% jump from 1,960 petitions in January; however, foreclosure petitions fell 19.1% from the same month in 2008, when 2,838 petitions were filed. Foreclosure petitions are the first step in the foreclosure process. So far this year, 4,255 foreclosure petitions have been filed, a 29.7% decline from 6,050 foreclosure petitions during the same months in 2008. The Warren Group tracked 917 auction announcements in February, down 27% from 1,256 in February 2008 and down 30.2% from 1,313 in January.

        Consumer Confidence Relatively Unchanged in March

        NEW YORK — The Conference Board Consumer Confidence Index, which had declined sharply in February, was flat in March. The Index now stands at 26.0 (1985=100), up from 25.3 in February. The Present Situation Index declined to 21.5 from 22.3 in February. The Expectations Index increased to 28.9 from 27.3 in February. The Consumer Confidence Survey is based on a representative sample of 5,000 U.S. households. The monthly survey is conducted for The Conference Board by TNS, a custom research company. The cutoff date for March’s preliminary results was March 24. Consumers’ assessment of overall present-day conditions remains unfavorable. Those claiming business conditions are “bad” rose to 51.1% from 50.5%, while those claiming business conditions are “good” edged down to 6.8% from 7.0% in February. Consumers’ appraisal of the labor market was somewhat more pessimistic in March. Consumers’ short-term outlook was moderately less negative in March. The percentage of consumers saying jobs are “hard to get” increased to 48.7% from 46.9% in February, while those claiming jobs are “plentiful” was unchanged at 4.6%.

        Lenox Touts Benefits of WorkSharing

        EAST LONGMEADOW — In an effort to avoid more layoffs, officials at Lenox Industrial Products & Services has put most of its production workers at the Lenox American Saw factory on a four-day work week. Workers will receive four days of pay and one-fifth of what their unemployment benefit would have been had they been laid off, according to Daniel P. McDonough, vice president of personnel at Lenox. In addition, workers receive a percentage of the $25-per-child dependency allowance under certain conditions, as well as keep their company benefits. The arrangement is coordinated through the state’s WorkSharing program. Company officials note that if the WorkSharing program was not available, they would have had to lay off 60 to 70 workers. Currently, the factory employs 600 employees, including 220 production workers. The WorkSharing program was established in the 1980s and has seen an increase in usage since the recession. As of mid-March, 252 companies and 3,873 workers were participating in the WorkSharing program, compared to 372 employees in the program a year ago. The government allows for the program, but not every state has one.

        Tekoa Country Club Sold

        WESTFIELD — An East Longmead-ow-based real estate developer has acquired Tekoa Club for $1.3 million. Dan Burack bought the 114-acre, 18-hole golf course and its buildings and property at an auction staged April 6. He also bid $100,000 for the club’s liquor license. The club was purchased several years ago by the Remillard family, which made significant investments to upgrade the course and its facilities. However, the family was unable to achieve projected revenues and recently fell behind in tax and utility payments, prompting the auction of the 110-year-old club. In remarks to the local media, Burack said, “I’m going to finish what the Remillards started. I think it will be a premier course.”

        CEOs See Declining Economy

        NEW YORK, N.Y. — The nation’s CEOs see their company’s sales, spending, and employment falling over the next six months, and project an overall decline for the economy this year, according to a survey released recently. The Business Roundtable, an association of CEOs, said 67% of its members expect sales to decline, 66% project a drop in capital spending, and 71% foresee a decrease in employment over the next half-year. Overall, the group said CEOs expect a 1.9% decline in 2009 gross domestic product (GDP), compared with a projection of no change in GDP three months earlier. The government said last month that GDP declined at a 6.3% annual rate in the fourth quarter of 2008. The Business Roundtable’s CEO Economic Outlook Index fell to negative 5 from a positive reading of 16 in the previous quarter. The index ranges from 150 to negative 50, with a reading below positive 50 signaling economic contraction. The group said the index’s decline was less dramatic than the plunge from 78 in the third quarter of last year. Business Roundtable chairman Harold McGraw III, the head of publisher McGraw-Hill Cos., saw some signs of promise in the stimulus being made by the U.S. and other governments. “Improving consumer confidence and demand, both in the United States and abroad, is the key to jump-starting the economy,” said McGraw. While “recently implemented administration policies will take time to have an impact, they already have begun to restore confidence in our markets.” The Business Roundtable consists of executives whose companies represent 10 million workers and more than $5 trillion in yearly revenue.

        By
        Departments

        The following business incorporations were recorded in Hampden, Hampshire, and Franklin counties and are the latest available. They are listed by community.

        AGAWAM

        Wavespan Communications Inc., 129 Parker St., Agawam, MA 01001. Kristopher R. Widmer, same. Computer software and network applications

        AMHERST

        Design Division Inc., 91 Gray St., Amherst, MA 01002. Michael Hanke, same. Exhibit design services and other general purposes.

        The Leo Elison Peace Education Find Inc., 472 Bay Road, Amherst, MA 01002. Raphael Elison, same. To work for peace through education in India.

        BELCHERTOWN

        Cold Spring Discount Liquor & Convenience Inc., 8 Park St., Belchertown, MA 01007. Dariusz Karpinski, 19 Ruth Dr., Wilbraham, MA 01095. Convenience and package store.

        CHICOPEE

        Wadk Corporation, 154 Edgewood Ave., Chicopee. MA 01013. Aimee R. Oberlander, same. Convenience store.

        HOLYOKE

        Eastwood Realty Inc., 68 Jackson St., Holyoke, MA 01040. William F. Sullivan Jr., 141 Eastwood Dr., Southampton, MA 01073. Ownership, management, and development of real estate.

        KEW Inc., 1615 Northampton St., Holyoke, MA 01040. Wendy Werbiskis, 6 West Park Dr., Easthampton, MA 01027. Retail sale of gifts and clothing.

        Renaissance Specialty Products Inc., 88 Winter St., Holyoke, MA 01040. David Peskin, 25 Warwick St., Longmeadow, MA 01106. Marketing of treatments for wood items.

        LONGMEADOW

        Advanced Imaging Partners Inc., 212 Farmington Road, Longmeadow, MA 01106. Jason L. Port, same. Practice of medicine, including radiology, diagnostic and minor surgery services.

        		  

        Aspen Tree Partners Inc., 23 Sylvan Place, Longmeadow, MA 01106. Kirk Merriam, same. Management and systems consulting.

        Harmanli Inc., 180 Williamsburg Dr., Longmeadow, MA 01106. Derek Harmanli, same. Design, develop and trade.

        SOUTH HADLEY

        JP Systems Inc., 82 Shadowbrook Estates, South Hadley, MA 01075. Thomas P. Foley II, same. Computer software.

        Legal Resource and Advocacy Center Inc., 47 Lamb St., South Hadley, MA 01075. Jessica Levy, same. Legal representation.

        Northeast Settlement Funding Inc., 15 Hildreth Ave., South Hadley, MA 01075. Sean Rohan, Same. To purchase annuities or other guaranteed payments.

        SPRINGFIELD

        Kennedy Golf Management Inc., 1059 South Branch Parkway, Springfield, MA 01118. Kevin Kennedy, same. Golf-course management.

        WEST SPRINGFIELD

        Be Well Kids Inc., 150 Pine St., West Springfield, MA 01089. Mary-Anne Diblasio, Same. To operate an education and wellness center for children.

        GSC Asset Management Inc., 134 Main St., West Springfield, MA 01089. Paul Buoni, 10 Cedar St., Albany, NY 12205. Asset management.

        WESTFIELD

        Vicwif Inc., 15 Brimfield Way, Westfield, MA 01085. Christopher Vaile, same. Wholesale and retail sale of consumer goods.

        Westfield Arts on the Green Inc., 22 Elm St., Westfield, MA 01085. Gerald E. Tracy, 184 Gun Club Road, Westfield, MA 01085. Promoting arts in the city of Westfield.

        By
        Departments

        The following building permits were issued during the month of March 2009.

        AGAWAM

        Lambert & Pryor LLC
        847 Springfield St.
        $100,000 — Interior alteration and partial vestibule addition

        Light Tower — SBA
        850 South Westfield St.
        $12,000 — Add three antennas to existing cell tower

        Six Flags New England
        1623 Main St.
        $15,000 — Form and pour concrete columns for two new flame cannons at the Superman ride

        Six Flags New England
        1623 Main St.
        $15,000 — Form and pour concrete pads on existing slab for new Slingshot ride

        Westfield Bank
        241 South Westfield St.
        $340,000 — Interior fit-out for bank

        AMHERST

        Hills House LLC
        20 Gray St.
        $175,000 — Total renovation

        Slobody Development Corp.
        101 University Dr.
        $163,000 — Build-out of office space for Mass. Dept. of Agriculture

        CHICOPEE

        Prospects Enterprises, LLC
        1600 Memorial Dr.
        $409,000 — Install membrane roofing

        EASTHAMPTON

        City of Easthampton
        Pleasant St.
        $96,000 — Construct new band shell structure at Lower Mill Pond Park

        John Moriarty
        67-75 Main St.
        $36,000 — Repair rear fire escape and construct egress balconies to connect to new egress stairs

        JPS Acquisition Elastomerics Company
        412 Main St.
        $69,500 — Install two new interior columns

        EAST LONGMEADOW

        Girl Scouts of America
        40 Harkness Ave.
        $9,100 — Interior alterations

        GREENFIELD

        Franklin Medical Center
        48 Sanderson St.
        $107,500 — New roof

        Greenfield Health Camp Inc.
        Leyden Road
        $31,000 — Construct a 60’x 34’ accessory structure for performing arts

        J. Terry LLC
        30-44 Federal St.
        $22,000 — Construction of new bar in dining area

        Stephen Haggerty
        332 Main St.
        $150,000 — Install an internal elevator for three floors

        Timothy F. Washburn
        19 Congress St.
        $5,900 — Installation of a fire alarm system

        HOLYOKE

        Awkal Oussama
        395 Maple St.
        $10,000 — New roof

        Bell Real Estate Company, LLC
        15 Samosett St.
        $646,000 — Erect 9,600-square-foot steel and masonry addition

        		  

        LONGMEADOW

        Pocket Wireless
        73 Pondside Road
        $12,000 — Add three antennas to existing cell tower

        LUDLOW

        Crown Atlantic Corporation
        145 Carmelinas Circle
        $12,000 — Antennas for cell towers

        Manuel Palatino
        319 East St.
        $30,000 — Commercial alterations

        NORTHAMPTON

        Cooley Dickinson Hospital Inc.
        30 Locust St.
        $448,000 — Emergency room renovation

        ES Realty Corporation
        34 Bridge St.
        $50,000 — Renovation of Liberty Mutual Insurance – Unit 2

        Lesser, Newan, Nassar, LLC
        33 Main St.
        $49,000 — New roof

        Nonotuck Mills LLC
        296 Nonotuck St.
        $41,000 – Create space for personal fitness trainer

        PALMER

        Allen Block LLC
        1003 Church St.
        $300,000 – Construction of two new apartments and up to four commercial spaces

        American Tower
        400 Peterson Road
        $29,000 – Add 6 antennas on existing tower

        SPRINGFIELD

        Biskit LLC
        189 Brookdale Dr.
        $3,500 – Remove two walls and add partitions

        Carlo Rovelli
        1 Allen St.
        $16,000 – Construct two new accessible toilet rooms

        Pearson-Cooley Development
        1334 Liberty St.
        $34,000 – Interior renovations

        Ralph A. Bruno, Jr.
        58 Wilkes St.
        $658,000 – Construction of a single story church

        Subway
        3640 Main St.
        $51,000 – Build-out of Subway restaurant

        WEST SPRINGFIELD

        Paul Shields
        1305 Riverdale St.
        $6,500 – Replace commercial kitchen exhaust hood

        Richard & Randy Rindels
        20C River St.
        $2,500 – Reoccupy existing space as a convenience store

        WESTFIELD

        City of Westfield
        177 Montgomery Road
        $10,000 – Change computer room into classroom at WHS

        News

        Contact

        Advertise

        Events