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June 9, 2006     Barnstable Patriot
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June 9, 2006
 
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NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by Tami Fagans and Kevin Fagans to Champion Mortgage, a Division of Key Bank. USA, National Association dated 7/20/2004. recorded with Barnstable County Registry of Deeds at Book 18868, Page 247 of which mortgage the undersigned is the present holder for breach of conditions of said mortgage and for the purpose of foreclosing the same will be sold at PUBLIC AUCTION at 12:00 PM on July 5, 2006. on the mortgaged premises. The entire mortgaged premises, all and singular, the premises as described in said mortgage All that parcel of land in Barnstable County, state of Massachusetts, as more fully described in Deed Book 13401. Page 323. ID# Unavailable, being known and designate as Lot 2, subdivision in Marstons Mills, filed in Plan Book 362. Page 80 By fee simple Deed from Georgeanne E. McCoach as set forth in Book 13401 Page 323 dated December 1, 2000 and recorded December 1. 2000, Barnstable County Records. Commonwealth of Massachusetts. Subject to and with the benefit of easements , reservation , restrictions, and taking of record, if any, insofar as the same are now in force and applicable Inthe event of any typographical error set forth herein inthe legal description of the premises, the description as set forth and contained in the mortgage shall control by reference This property has the address of 27 Fairhaven Lane, Marston Mills, MA 02648 Togetherwith all the improvements now or hereafter erected on the property and all easements , rights, appurtenances , rents , royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property All replacements and additions shall also be covered by this sale. Terms of Sale: Said premises will be sold subject to any and all unpaid taxes and assess- ments, tax sales, tax titles and other municipal liens and water or sewer liens and State or County transfer fees, if any there are, and TEN THOUSAND DOLLARS ($10,000 00) in cashier's or certified check will be required to be paid by (he purchaser at the time and place of the sale as a deposit and the balance in cashiers or certified check will be due in thirty (30) days, at the offices of Doonan, Graves & Longoria, LLC 100 Cummings Center. Suite 213C, Beverly, Massachusetts , time being of the essence. The Mortgagee reserves the right to postpone the sale to a later date by public proclamation at the time and date appointed for the sale and to further postpone at any adjourned sale-date by public proclamation at the time and date appointed for the adjourned sale date. The premises is to be sold subject to and with the benefit of all easements, restrictions , leases, tenancies, and rights of possession , building and zoning laws, encumbrances , condominium liens, if any and all other claim in the nature of liens, if any there be In the event that the successful bidder at the foreclosure sale shall default in purchasing the within described property according to the terms of this Notice of Sale and/or the terms of the Memorandum of Sale executed at the time of foreclosure, the Mortgagee reserves the right to sell the property by foreclosure deed to the second high- est bidder providing that said second highest bidder shall deposit with the Mortgagee's attorneys, DOONAN, GRAVES, & LONGORIA LLC. 100 Cummings Center, Suite 213C . Beverly. Massachusetts . 01915, the amount of the required deposit as set forth herein within three (3) business days after written notice of the default of the previous highest bidder and title shall be conveyed to the said second highest bidder within twenty (20) days of said written notice If the second highest bidder declines to purchase the within described property, the Mortgagee reserves the right to purchase the within described property at the amount bid by the second highest bidder. The foreclosure deed and the consideration paid by the successfu l bidder shall be held inescrow by DOONAN. GRAVES.& LONGORIAL.L.C , (hereinafter called the "Escrow Agent") until the deed shall be released from escrow to the successful bid- der at the same time as the consideration is released to the Mortgagee, thirty (30) days after the date of sale, whereupon all obligations of the Escrow Agent shall be deemed to have been properly fulfilled and the Escrow Agent shall be discharged Other terms to be announced at the sale Dated: June 7. 2006, Champion Mortgage, a Division of Key Bank , USA , National Association , By: John A Doonan Esq , DOONAN. GRAVES, & LONGORIA LIC , 100 Cummings Center, Suite 213C, Beverly, MA 01915. (978) 921-2670. www.dgandl com (2319 92/Fagans)(06/09/06 . 06/16/06. 06/23/06)(69119) The Barnstable Patriot June 9. June 16 and June 23. 2006 TOWN OF BARNSTABLE ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE JULY 12, 2006 To all persons interested in, or affected by the Zoning Board of Appeals under Section 11, of Chapter 40A of the GeneralLaws of the Commonwealth of Massachusetts and all amendments thereto you are hereby notified that 7:00 PM Appeal 2006-058 Kennedy Mary M Kennedy has applied for a Variance to Section 240-11. Bulk Regulation Mini- mum Lot Area The applicant seeks to create a buildable undersized lot from a lot that has merged due to common ownership of adjoining lots The vacant lot is an 11,000 sq.ft. parcel addressed 73 Linda Lane . Hyannis MA The developed lot is addressed 48 Carla Road , Hyannis MA The properties are shown on Assessor s Map 248 as parcels 069 and 218 They are in a Residence B Zoning District 7:15 PM Appeal 2006-059 Thew Edward A. Thew and Alberta J Thew have applied for a Special Permits pursuant to Section 240-94 A Change of a Nonconforming Use to Another Nonconforming Use and Section 240-94 B Expansion of a Preexisting Nonconforming Use The applicant seeks to change and expand the existing use of the parcel from that of a contractor s storage area to that of seasonal boat storage of up to 42 boats The property is ad- dressed 976 and 982 Route 149 Marstons Mills, MA, as shown on Assessor s Map 102, as parcels 005 and 006 It is zoned Residence F and in a Groundwater Protection Overlay Zoning District 7:150 PM Appeal 2006-060 Thew Edward A. Thew and Alberta J Thew have applied for a Variance to Section 240-14 Principal Permitted Uses The use variance is being sought as provided for in Sec- tion 240-126 to permit the seasonal boat storage of up to 42 boats The property is addressed 976 and 982 Route 149, Marstons Mills MA as shown on Assessor s Map 102, as parcels 005 and 006 It is zoned Residence F and in a Groundwater Protection Overlay Zoning District 7:30 PM Appeal 2006-061 Curran Leonard E. Jr.. and Patricia A Curran have applied for a Special Permit pursuant to Section 240-140(7). Conditional Use, Bed-and-Breakfast The applicants seek to establish a 3-room/6-lodgers bed and breakfast in their home and in accordance with Section 240-11(C) (6) of the Zoning Ordinance The property is addressed 208 Maple Street West Barnstable MA The property is shown on Assessor s Map 132 as parcel 024. It is in a Residence F Zoning District. 7:45 PM Appeal 2006-062 E.B. Norris & Son, Inc. E.B. Norris & Son, Inc . has applied for Special Permit pursuant to Section 240-94 A Change of a Nonconforming Use to Another Nonconforming Use The applicant seeks to change the existing use of the parcel from that of an automotive and marine electrical business to that of a construction business The property is addressed 138 Osterville West Barnstable Road. Osterville, MA. as shown on Assessors Map 120 parcel 007 It is zoned Residence C and is also located in a Wellhead Protection Overlay Zoning District 7:45 PM Appeal 2006-063 E.B. Norris & Son, Inc. E.B. Norris & Son. Inc . has applied for Special Permit pursuant to Section 240-94 B Expansion of a Preexisting Nonconforming Use The applicant seeks to expand the nonconforming use of the site by the addition of a 2.500 sq ft office structure and as- sociated site improvements related to the operating of a construction business The property is addressed 138 Osterville West Barnstable Road Osterville MA as shown on Assessor 's Map 120. parcel 007 It is zoned Residence C and is also located in a Wellhead Protection Overlay Zoning District 8:00 PM Appeal 2006-064 Living Independently Forever Inc. Living Independently Forever. Inc . has submitted a Comprehensive Permit Application pursuant to MGL Chapter 40B affordable housing" seeking to allow for the expansion of an existing condominium development with a fifth multi-family building to be located on Castlewood Circle The building is to house four, one-bedroom residential units The units are to be incorporated into the condominium association that now consists of sixteen residential units and one office/recreation building The development com- monly know as "LIFE at Hyapnis was authorized by Comprehensive Permits 1992-68 and 1995-20. The existing development is addressed 550 Lincoln Road Extension Hyannis. MA and is shown on Assessor s Map 272 as parcel 025 It is in a Residence C-1 Zoning District These Public Hearings will be held atthe Barnstable Town Hall 367 Mam Street , Hyannis MA, Hearing Room. 2 ' Floor. Wednesday July 12 2006 Plans and applications may be reviewed at the Zoning Board of Appeals Office Growth Management Department Town Offices, 200 Main Street . Hyannis, MA Gail C. Nightingale Chairman Zoning Board of Appeals The Barnstable Patriot June 9 and June 16. 2006 NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by Lisa M White and George A White to New Century Mortgage Cor poration dated 3/30/2004 recorded with Barnstable County Registry of Deeds at Bo 18410, Page 20 of which mortgage the undersigned is the present holder for breach of conditions of said mortgage and for the purpose of foreclosing the same will be sold at PUBLIC AUCTION at 1 00 P.M on July 6.2006 on the mortgaged premises The entire mortgaged premises all and singular the premises as described in said mortgage The land in Barnstable (Centerville) Barnstable County Massachusetts being shown as Lot 35 on a plan of land entitled Subdivision Plan of Land in Centerville Mass in the Town of Barnstable for JKS Trust ", dated March 3 1978 which plan is recorded with the Barnstable County Registry of Deeds in Plan Book 324 , Page v .. Subject to and with the benefit of all rights rights of way restrictions reservations and easements of record insofar as the same are now in force and applicable For title reference see Deed recorded in Book 16848 Page 199 Property address 271 Ames Way, Centerville. MA 02632 Subject to and with the benefit of easements reservation , restrictions and taking of record if any insofar as the same are now in force and applicable In the event of any typographical error set forth herein in the legal descnptioi i of the premises the description as set forth and contained in the mortgage shall contiu! by reference This property has the address of 271 Ames Way. Centerville. MA 02632 Together with all the improvements now or hereafter erected on the property and all easements rights appurtenances rents , royalties , mineral , oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the propeity All replacements and additions shall also be covered by this sale Terms of Sale: Said premises will be sold suDject to any and all unpaid taxes and assess ments tax sales tax titles and other municipal liens and water or sewer liens and State or County transfe r fees , if any there are and TEN THOUSAND DOLLARS ($10,000 00 - in cashiers or certified check will be required to be paid by the purchaser at the time and place of the saie as a deposit and the balance in cashier s or certified check will be due in thirty (30) days at the offices of Doonan Graves & Longoria , L L C , 100 Cummings Center, Suite 213C Beverly Massachusetts time being of the essenu- The Mortgagee reserves the right to postpone the sale to a later date by public proclamation at the time and date appointed for the sale and to further postponi at any adjourned sale-date by public proclamation at the time and date appointed ft. the adjourned sale date The premises is to be sold subject to and with the benefit of all easements restrictions, leases tenancies and rights of possession building and zoning law: encumbrances condominium liens if any and all other claim in the nature of liens any there be In the event that the successful bidder at the foreclosure sale shall de: , in purchasing the within described property according to the terms of this Notice of ' and/or the terms of the Memorandum of Sale executed at the time of foreclosure tl Mortgagee reserves the right to sell the property by foreclosure deed to the second hi., est bidder, providing that said second highest bidder shall deposit with the Mortgage..- attorneys DOONAN GRAVES & LONGORIA L LC . 100 Cummings Center S 213C , Beverly Massachusetts 01915 . the amount of the required deposit as set full herein within three (3) business days after written notice of the default of the prevmu highest bidder and title shall be conveyed to the said second highest bidder wi(l twenty (20) days of said written notice If the second highest bidder declines to purchase the within des ,r property the Mortgagee reserves the right to purchase the within described property at the amount bid by the second highest bidder The foreclosure deed and the consideration paid by the successful biddi shall be held in escrow by DOONAN GRAVES & LONGORIA L LC (hereinafter caiit- the "Escrow Agent" ) until the deed shall be released from escrow to the successful t it der at the same time as the consideration is released to the Mortgagee thirty (30) day: after the date of sale whereupon all obligations of the Escrow Agent shall be deenip; to have been properly fulfilled and the Escrow Agent shall be discharged Other terms to be announced at the sale Dated June 7 2006 Deutsche Bank National Trust Company as Trustee By Jon1 A Doonan Esq DOONAN GRAVES & LONGORIA L L C 100 Cummings Centei Suite 213C , Beverly, MA 01915 (978) 921-2670 wwwdgandl com (2320 70/White)(06/09/06 06/16/06 06/23/06)169137) The Barnstable Patriot June 9. 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