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MORTGAGEE'S SALE OF REAL ESTATE
By virtue and in execution of the Power of Sale contained in
a certain mortgage given by Kurt Engelsen and Lynne Engelsen
a/k/a LynneEngelson dated November 20,2006 and recorded with
the Barnstable County Registry of Deeds in Book 21542, Page
206 as affected by a Mortgage Modification Agreement dated May
8, 2008 recorded with the Barnstable County Registry of Deeds
in Book 22894, Page 284, of which mortgage the undersigned is
the present holder, for breach of the conditions of said mortgage
and for the purpose of foreclosing the same will be sold at Public
Auction at 1:00 PM on the 27th day of February, 2014 at 180
Santuit Road, Cotuit, Massachusetts,all and singular the premises
described in said mortgage,to wit:
Being LOT 1 as shown on a plan entitled "Plan of Land Cotuit
Barnstable, Mass. Property of Ernest W. Kitchen Save 1 inch =
60 feet April 1974 Whitney _ Bassett Architects & Engineers,
Hyannis,Mass.", which plan is duly recorded at Barnstable County
Registry of Deeds in Plan Book 284, Page 098.
Together with a fee in Trudy Lane as shown on said plan.
Subject to an easement to the New England Telephone and
TelegraphCompany, et al. dated July 11, 1975 duly recorded with
said Deeds in Book 2208,Page 347,andto all other encumbrances
and matters of record to the extent in force and applicable.
Subject to Voluntary Restrictions, dated February 27, 1996,
recorded with said Deeds at Book 10075, Page 341. Said
covenant shall ran with the land.
For Mortgagors' title see deed recorded with said Registry in
Book 15433, Page 204.
In the event of any typographical errors in thepublication of this
notice, the description in the Mortgage shall control.
Said premises shall also be sold subject to and/or with the
benefit of any and allother restrictions,easements, improvements,
covenants, outstanding tax titles, municipal or other public taxes,
assessments, liens or claims in the nature of liens, attachments
and existing encumbrances of record created prior to the
Mortgage, if any there be, insofar as inforce and applicable.
Said premises will also be sold subject to all leases and tenancies
having priority over said Mortgage, to tenancies or rights of parties
in possession now or at the time of said auction which are subject
to said Mortgage, to rights or claims in personal property installed
by tenants or former tenants now located on the premises, and to
laws and ordinances including, but not limited to, all building and
zoning laws and ordinances.
Terms of sale:
The highest bidder in the sale of the premises shall deposit a bank
treasurer's check, or certified check in the amount of TenThousand
Dollars ($10,000)at thetime and place of the saleof the premises as
a non-refundable earnest money deposit towards the purchase price
to be held at the option of the Mortgagee as liquidated damages for
any default by the successful bidder. The balance of the purchase
price shall be paid upon delivery of the deed within thirty (30) days of
the date of the public auction.The successfulbidder shallbe required
to sign a Memorandum of Sale at (he public auction containing the
terms herein and any additional terms set forth in the Memorandum
of Sale or announcedat the public auction.
In the event that the successful bidder at the public auction
fails to perform in the time specified to purchase the premises,
the Mortgagee reserves the right, at its sole election, to sell the
premises by foreclosure deed to the other qualified bidders, in
descending order beginning with the next highest bidder, provided
that in each case the next highest bidder delivers to Mortgagee
the amount of the required deposit within three (3) business days
after written notice of the default of the previous highest bidder
and promptly executes a Memorandum of Sale providing for
performance within thirty (30) days of execution. Mortgagee also
reserves the right, at its sole election, to assume the bid of any
defaulting or declining bidder. The Mortgagee reserves the right
to postpone this sale to a later date by public proclamation at the
time and date appointed for the sale and to further postpone any
adjourned sale date by public proclamation at the time and date
appointed for the adjourned sale date.
Other terms to be announced at sale.
First Trade Union Bank
present holder of the Mortgage,
By its attorneys,
Lauren A. Solar, Esq.
Bartlett Hacked Feinberg PC
155 Federal Street, 9th Floor
Boston, MA 02110
The Barnstable Patriot
January 31 , February 7, February 14, 2014
TOWN OF BARNSTABLE
PLANNING BOARD
NOTICE OF PUBLIC HEARING
PROPOSED ZONING AMENDMENT -TC ITEM NO. 2014-047
TO CLARIFY SECTION 240-65.C, - CALCULATION OF TOTAL
AREA OF SIGNS
FEBRUARY 24,2014,AT 7:00 P.M.
The Planning Board of the Town of Barnstable, acting under
Chapter 40A,Section 5 of the General Lawsof the Commonwealth
of Massachusetts,will hold a public hearing on Monday, February
24,2014,at 7:00p.m. inthe Hearing Roomof the Barnstable Town
Hall, 367 Main Street,Hyannis, MA.The purpose of this hearing is
to take comment ona proposed zoning amendment to clarify how
the total sign area is calculated.
The amendment proposed is to replace in its entirety Section
240-65.C that now reads:
C. The total square footage for all signs of each business shall
not exceed 10% of the area of the building wall facing a public way
or 100 square feet, whichever is the lesser amount.
With the following:
C. The area of all signs for each individual business
establishment shall not exceed 10% of the area of the building
facade associated with the business establishment that contains
the establishment's primary customer entrance or 100 square
feet, whichever is the lesser amount. In instances where
multiple business establishments share a customer entrance
on the same facade, the total square footage for all signs of all
business establishments attached to each facade shall not exceed
10% of the total area of the facade associated with the business
establishments that contains the establishments' shared customer
entrance or 100 square feet, whichever is the lesser amount.
This amendment was referred to the Planning Board for a
public hearing by Town Council Item No. 2014-047. Copies of the
proposed amendment are available for review at the Barnstable
Town Clerk's Office, 367 Main Street, Hyannis, MA, and at the
Planning Board, Growth Management Department , 200 Main
Street, Hyannis MA, during regular business hours, Monday
through Friday 8:30 a.m. through 4:30 p.m.
Matthew K. Teague - Chairman
Barnstable Planning Board
The Barnstable Patriot
February 7 and February 14, 2014
NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE
PREMISES: 230 GOSNOLD STREET,UNIT #12A,
HYANNIS, MASSACHUSETTS
By virtue and in execution of the Power of Sale contained in a
certain mortgage given by Linda J. Gulden aka Linda Jill Gulden
to Sovereign Bank, said mortgage dated 8/27/2004, and filed in
the Barnstable Registry District of the Land Court as Document
No. 978337 and noted on Certificate of Title No. C144-12A and
now held by Santander Bank, N.A. f/k/a Sovereign Bank, N.A., for
breach of the conditions in said mortgage and for the purpose of
foreclosing the same, will be sold at Public Auction on March 3,
2014 at 12:00 pm Local Time upon the premises, directly in front
of the building containing said unit, all and singular the premises
described in said mortgage, to wit:
the Unit known as Unit 12A, Building No. 8, in CAPTAIN
GOSNOLD VILLAGE
CONDOMINIUM , Barnstable, (Hyannis), Barnstable. County,
Massachusetts, a condominium established pursuant to
Massachusetts General Laws, Chapter I83A, by Master Deed
dated December 12, 1981 , registered as Document No. 304,418
with the Barnstable Registry District ("Master Deed"), whichAJni t
has a mailing address of Gosnold Street, Hyannis, Massachusetts
02601 , and which Unit is shown on the floor plans filed
simultaneously with said Master Deed in the Barnstable Registry
District as Plan 36029-C-1.
Said Unit is conveyed together with:
An undivided .03319 proportionate interest in the common
areas and facilities of the property described in said Master Deed
("Common Elements") attributable to the Unit as set forth in said
Master Deed pursuant to Schedule 8 thereof.
Said Unit is conveyed subject to and with the benefit of all rights,
easements, reservations and restrictions of record insofar as they
are in force and applicable.
The description of the property thatappears in the mortgage to
be foreclosed shall control in the event of a typographical error in
this publication.
• For Mortgagors' Title see deed dated August 5, 2004, and filed
in the Barnstable Registry District of the Land Court as Document
No. 976666 and noted on Certificate of Title No. C144-12A.
Said Unit will be conveyed together with an undivided
percentageinterest intheCommon Elements of said Condominium
appurtenant to said Unit and together with all rights, easements,
covenants and agreements as contained and referred to in the
Declaration of Condominium, as amended.
TERMS OF SALE: Said premises will be sold and conveyed
subject to all liens, encumbrances, unpaid taxes, tax titles,
municipal liens and assessments, if any, which take precedence
over the said mortgage above described.
FIVE THOUSAND ($5,000.00) Dollars of the purchase price
must be paid in cash, certified check, bank treasurer's or cashier's
check at the time and place of the sale by the purchaser. The
balance of the purchase price shall be paid in cash, certified check,
bank treasurer's or cashier's check within thirty (30) days after the
date of sale.
Other terms to be announced at the sale.
BENDETT_MCHUGH, PC
270 Farmington Avenue
Farmington, CT 06032
Attorney for Santander Bank, N.A. f/k/a Sovereign Bank, N.A.
Present Holder of the Mortgage
(860) 677-2868
The Barnstable Patriot
February 7, February 14, and February 21 , 2014
TOWN OF BARNSTABLE
ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS UNDER THE ZONING
ORDINANCE
FEBRUARY 26,2014
To all persons interested in or affected by the actions of the
Zoning Board of Appeals, you are hereby notified, pursuant
to Section 11 of Chapter 40A of the General Laws of the
Commonwealth of Massachusetts, and all amendments thereto,
that a public hearing on the following appeals will be held on
Wednesday February 26, 2014, at the time indicated:
7:00 PMAppeal No. 2014-001 -Anew Capasso
Paul and Janet Capasso have petitioned for a Special Permit
pursuant to Section §240-91(H) to demolish a one-story, 1,594
square foot, four bedroom dwelling and rebuild a two-story, 2,787
square foot, four bedroom dwelling on a lot that contains less than
10,000 square feet. The property is located at 116 Bay Shore
Road, Hyannis as shown on Assessor's Map 325 as Parcel 079 It
is in the Residence B Zoning District.
7:02 PM Appeal No. 2014-004 - Anew Gilbert Powell,
Trustee of the Seventy-Seven Trust
Gilbert Powell, as Trustee of the Seventy-Seven Trust, has
petitioned for a Special Permit pursuant to §240-94(A) Change of a
nonconforming use to another nonconforming use. The petitioner
seeks to change an existing use of the subject property from a
contractor's yard to a cold storage use lor boats. The property
is located at 182 Osterville/West Barnstable Road. Osterville.
MA as shown on Assessor's Map 120 as Parcel 005. It is in the
Residence C Zoning District , Resource Protection Overlay District.
and Wellhead Protection Overlay District.
7:03 PM Appeal No- 2014-008 Taglientc
Teresa Tagliente, as Trustee of the Teresa Tagliente 2011-
2016 Qualified Personal Residence Trust and as Trustee of the
Teresa Tagliente 2011-2021 Qualified Personal Residence Trust
has applied to revise or amend Variance No. 1970-63. The
variance allowed for the construction of an accessory structure,
now consisting of foundation walls, within the required front and
side yard setback. The applicant seeks to enclose 123 sq.ft of the
existing 336 sq.ft structure and replace the remaining portions with
a pergola and other uncovered decorative outdoor features. The
property is located at 185 Bay Shore Road, Hyannis, MA as shown
on Assessor's Map 325 as Parcel 092. It is in the Residence B
Zoning District.
7:04 PMAppeal No. 2014-010 Crory
Robert and Lauren Crory have applied for a Special Permit
pursuant to §240-131 4(D)(2) to renovate and expand a single-
family dwelling inthe Craigville Beach District. The expansions will
consist of a second-floor dormer, first-floor enclosed porch, and
lower level addition. The property is located at 117 Lake Elizabeth
Dr
ive,Centerville, MA as shown onAssessor's Map 226 as Parcel
053. It is in the Craigville Beach Zoning District - Craigville Beach
Neighborhood.
7:05 PM Appeal No. 2014- .09 Wellington
Charles O. Wellington has petitioned for a Special Permit
pursuant to §240-44 - Accessory Uses Permitted with Special
Permit. The petitioner is seeking to construct a pier and boardwalk
with stairs, ramp and float on a lot immediately opposite and
across a road from the lot on which the principal use (a residential
dwelling) it serves is located. The property is located at 0 Seapuit
Road, Osterville, MA as shown on Assessor's Map 095 as parcel
003. It is in the Residence F-1 Zoning District.
These Public Hearings will be held at the Barnstable Town
Hall, 367 Main Street, Hyannis, MA, Hearing Room, 2nd Floor,
Wednesday, February 26, 2014. Plans and applications may
be reviewed at the Zoning Board of Appeals Office. Growth
Management Department. Town Offices. 200 Main Street.
Hyannis, MA.
Craig G. Larson, Chair
Zoning Board of Appeals
The Barnstable Patriot
February 7 and February 14, 2014
TOWN OF BARNSTABLE ZONING BOARD OF APPEALS
ACCESSORY AFFORDABLE APARTMENT PROGRAM
NOTICE OF PUBLIC HEARING UNDER THE ZONIN G
ORDINAN CE
6:00 P.M.-WEDNESDAY,MARCH 12,2014
To all persons interested in or affected by the Zoning Board of
Appeals under Seclion 11, of Chapter 40A of the General Laws
of the Commonwealth of Massachusetts, and all amendments
thereto you are hereby notified that the following Public Hearing
shall be held on Comprehensive Permit applications pursuant
to Chapter 40B of the General Laws.of the Commonwealth of
Massachusetts and in accordance with Section 9-15 of the Code
of the Townof Barnstable:
Appeal No. 2013-073 ¦Keller Chapter 40B Comprehensive
Permit
Edith G. Keller has applied to the Zoning Board of Appeals
for a Comprehensive Permit pursuant to MGL Chapter 40B and
in accordance with Section 9-15 of the Code of the Town of
Barnstable, the "Accessory Affordable Apartment Program." The
applicant is seeking to utilize a studio apartment located within the
lower level of the home as an Accessory Affordable Apartment
The property is addressed 161 Maple Street West Barnstable MA
and is shown on Assessor's Map 132, as Parcel 008. It is in RF-
Zoning District.
Appeal No.2013-074-28 - Neves Chapter 40B Comprehensive
Permit
Jean M. Neves has applied to the Zoning Board of Appeals
for a Comprehensive permit pursuant to MGL Chapter 40B and
in accordance with Section 9-15 of the Code of the Town of
Barnstable, the "Accessory Affordable Apartment Program." The
applicant is seeking to utilize a studio apartment to be located
within the lower level of the home as an Accessory Affordable
Apartment. The property is addressed 82 Furlong Way Cotuit, MA
and is shown on Assessor's Map 022. as Parcel 087 It is in RF-
Zonmg District.
Appeal No. 2013-077 - Cheglakov Charter 40B
Comprehensive Permit
Alexander Cheglakov has applied to the Zoning Board of
Appeals for a Comprehensive Permit pursuant to MGL Chapter
40B and in accordance with Section 9-15 of the Code of the Town
of Barnstable, the "Accessory Affordable Apartment Program." The
applicant is seeking to utilize a one bedroom apartment located
within the lower level of the home as an Accessory Affordable
Apartment The property is addressed 1109 Shootflying Hill Road.
Centerville MA and is shown on Assessor 's Map 190, as Parcel
223 It is in RD-1 and a RC-Zonmg Districts.
These Public Hearings will be held at 6:00 P.M. in Barnstable
Town Hall. 367 Main Street. Hyannis. MA. Hearing Room. 2nd
Floor on Wednesday. March 12. 2014. Plans and applications
may be reviewed at the Growth Management Department (3rd
Floor Barnstable Town Hall), 367 Main Street. Hyannis, MA
02601, or for more information contact Cindy Dabkowski, Program
Coordinator at 508-862-4743.
Craig G. Larson
Zoning Board of Appeals
The Barnstable Patriot
February 14, and February 21, 2014
TOWN OF BARNSTABLE
LICENSING AUTHORITY
NOTICE OF PUBLIC
HEARIN G
ALTERATION OF PREMI SES
Application of Hyannis Golf
Corp. d/b/a Hyannis Golf
Club. 1800 lyannough Road.
Hyannis, Daniel T Keefe.
Manager, for a Change in
License Descnption to read
"Wood frame structure at 1800
lyannough Road. Hyannis.
consisting of dining room
approx. 1000 sq ft. lounge
approx 300 sq ft.multi purpose
room approx. 2100 sq ft,
outside deck approx. 1500 sq
ft., kitchen area, restrooms.
storage and holes 1-18 on
golf course inclusive of cart
path. Exits: front door, multiple
exits to rear deck. 2 stairways
to ground snack bar on lower
level with inside and outside
service "
Said hearing will be held on
Monday, March 03. 2014 at
9:30 a.m. or as soon following
as practical in the Town Hall
Building. 2nd Floor Hearing
Room. 367 Main Street.
Hyannis.
Martin E. Hoxie.
Chairperson
Gene Burman
Paul Sullivan
Richard Boy
Ron Semprini
David Nunheimer
Barnstable Licensing
Authority
The Barnstable Patriot
February 14, 2014
TOWN OF BARNSTABLE
OLD KING'S HIGHWAY
HISTORIC DISTRICT
NOTICE OF PUBLIC
HEARING
WEDNESDAY, FEBRUARY
26,2014
6:
30PM
To all persons deemed
interested or affected by the
Town of Barnstable's Old
King's Highway Historic District
Act under Section 9 of Chapter
470,Acts of 1973 as amended.
You are hereby notified that a
hearing will be held on the
following application:
APPLICATIONS
Enright, Victor &
Susan, 4151 Main Street,
Barnstable, Map 351, Parcel
049
Change of Exterior Door
and Chimney Color. Replace
Pnvacy Fence. Install Picket
Fence. Driveway Turnaround
& Lighting Fixture to Garage,
Re-grade Front Elevation
Ives, Ian & MacKenthun,
Viola, 209 Old Jail Lane,
Barnstable, Map 278, Parcel
051
Construct 18' shed dormer.
9' gable dormer, second story
addition, alteration of windows
& doors on dwelling: new trim
design and construction of
a projecting shed roof with
brackets on garage
Beach Point LLC, named
Buyer on a Purchase & Sales
Agreement with Owner,
Long Wharf Investors, 138
Pine Lane, Barnstable, Map
278, Parcel 047
Construct 32 x 166"
Addition and New Entryway
Hemr, Kurt & Charlotte, 28
Bay View Road, Barnstable,
Map 319, Parcel 037
Construct Dormer on
Existing Garage
These heanngs will be
held in the Community
Building. 2377 [_S» ghouse
Way (Route 149), West
Barnstable. MA. at 6:30PM
on Wednesday. February 26.
2014. All applications and
plans may be reviewed at the
Town of Barnstable. Office of
Old King's Highway Histonc
District. 200 Main Street.
Hyannis, MA.
Came Bearse.
Chair
The Barnstable Patriot
February 14, 2014
TOWN OF BARNSTABLE
NOTICE OF ADOPTION OF
FEES CHANCES
A public hearing on
changes to vanous permits
and program fess within the
Town of Barnstable was held
on Wednesday, January 29th.
2014 at 2:00 p.m. in the New
Town Hall Hearing Room,
2nd Floor, 367 Main Street,
Hyannis, MA 02601. The fee
changes were adopted by the
Town Manager on February
4, 2014. They may be viewed
on the town website at www.
town.barnstable.ma.us
You may also request a copy
of the changes by calling the
Town Managers Office at 508-
8624610.
Thomas K Lynch
TownManager
The Barnstable Patriot
February 14, 2014