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right
to an adjudicatory hearing
m^mmmJtiaikdiiai ^mm m acC0rdance with 310 CMR
COMMONWEALTH OF 9.13(4)(c).
MASSACHUSETTS LAND Additional information re-
COURT DEPARTMENTOF garding this application may
THE TRIAL COURT ORDER be obtained by contacting
OF NOTICE the Waterways Regulation
Case No.: 14 MISC 484540 Program at (508) 946-2748.
TO: Barbara N. Ross and Project plans and documents
to all persons entitled to the for this application are on file
benefit of the Servicemembers withtheWaterways Regulation
Civil ReliefAct,50 U.S.C.App. Program for public viewing,
Section 501 et seq.: Reverse by appointment only, at the
MortgageSolutions,Inc.claim- address below,
ing to have an interest in a Written comments must
Mortgage covering real prop- be addressed to: David E.
erty in Hyannis (Barnstable), Hill, Environmental Engineer,
numbered 319 Arrowhead DEP Waterways Regulation
Drive, given by Barbara N. Program, 20 Riverside Drive,
Ross and Burton D. Ross Lakeville MA 02347.
to BNY Mortgage Company, The Barnstable Patriot
LLC, dated May 4, 2006 and July 18, 2014
recorded inBarnstable County
Registry of Deeds in Book
20982 . Page 304 and now ¦r
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heldby Plaintiffbyassignment, ^B
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has/have filed with this court THE COMMONWEALTH OF
a complaint for determination MASSACHUSETTS
of Defendant's/Defendants ' LAND COURT
Servicemembers status. If DEPARTMENT OF THE
you now are, or recently have TRIAL COURT
been, in the active military 2014 MISC.484708
service of the United States ORDER OF NOTICE
of America , then you may be To:
entitled to the benefits of the Gregory J. Houde
Servicemembers Civil Relief and to all persons entitled
Act. If you object to a foreclo- to the benefit of the Service-
sure of the above-mentioned members Civil Relief Act, 50
property on that basis, then U.S.C.App.
you or your attorney must § 501 et seq.:
file a written appearance and THE BANK OF NEW YORK
answer in this court at Three MELLON FKA THE BANK OF
Pemberton Square, Boston, NEW YORK, AS TRUSTEE
MA02108 on orbeforeAugust FOR THE CERTIFICATE-
18, 2014 or you will beforever HOLDERS OF THE CWABS,
barred from claiming that you INC.. ASSET-BACKED CER-
are entitled to the benefits of TIFICATES, SERIES 2006-23
said Act. Witness, JUDITH C. claiming to have an inter-
CUTLER Chief Justice of this est in a Mortgage covering
Court on July 1, 2014 Attest: real property in Centerville
DeborahJ.PattersonRecorder (Barnstable), numbered
A-4470288 07/18/2014 138 Donegal Circle, given by
The Barnstable Patriot GregoryJ. Houde to Mortgage
July 18, 2014 Electronic Registration Sys-
terns,Inc., datedAugust 25,
mWBSffkWTIfSmt
2006
'
and recorded with the
WmmSsSmSiiiUiSSk ] Barnstable County Registry of
LEGAL NOTICE Deeds at Book 21308, Page 6
DEPARTMENTOF has/have filed with this court
ENVIRONMENTAL a complaint for determination
PROTECTION of Defendant's/Defendants'
WATERWAYS REGULATION Servicemembers status.
PROGRAM " You now 3re > or recently
NOTICE OF LICENSE nave been
'
in,neactivemilitary
APPLICATION PURSUANT service of the UnitedStates of
TO M.G.L CHAPTER91 America , then you may
WATERWAYSLICENSE De entitled to the benefits of
APPLICATION NUMBER the Servicemembers Civil
W14-4167 ReliefAct. If
NEW RUSHY MARSH youobject toaforeclosure of
REALTYTRUST tne above-mentioned property
NOTIFICATION DATE:JULY on lhat basis. lhen y°u or
28,2014 your attorney must fileawrit-
Public notice isherebygiven ten appearance and answer in
of the waterways application 'his court at Three Pemberton
by New Rushy Marsh Realty Square,
Trust toconstructandmaintain Boston, MA 02108 on or
a timber pier, ramp, float and before Au9ust 25, 2014 or
pilings at 1524 Main Street, in you willbe forever barred from
the municipalityof Barnstable, claimingthat youareentitledto
inandoverthewatersof Rushy the benefits of said Act.
Marsh Pond. The proposed Witness. JUDITH C. CUT-
project has been determined LER.ChiefJustice of thisCourt
to be water-dependent. °n Ju|y 9. 2014
The Department will con- Attest:
sider all written comments on Deborah J. Patterson
this Waterways application Recorder
received by within 30 days 201402-0719-TEA
subsequenttothe'Notification Tne Barnstable Patnot
Date.'Failureofanyaggrieved July 18, 2014
person or groupof tencitizens
or more, with at least five of
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the municipality(s) in which B;
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the license or oermitted activ- F. nE"lll3il VOUf-Jf!
ity is located,to submitwritten fw^L—_i J- »„ i
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comments to the Waterways I
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will result in the waiver of any oHfttl -_, _..JWB
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maximum allowed
m^mmmmmmmMIBI ^mm \n addition , the Regulatory
NOTICE OF REGULATORY Agreement granted waivers
AGREEMENT from the Code of the Town
BETWEENTHE TOWN of Barnstable, Part 1, Gen-
OF BARNSTABLEAND eral Ordinances , Chapter
HARBORVIEW HOTEL 112, Historic Properties, Ar-
INVESTORS, LLC AND tide III, Hyannis Main Street
NOMINEE FOR PROPERTY Waterfront Historic District
ADDRESSED requirement for a Certificate
213 OCEAN STREET & of Appropriateness, and Part
24 NANTUCKET STREET, 3, Board of Health Regula-
HYANNIS, MA tons,Chapter353,Nuisances,
Pursuant to Chapter 168 Article I, Storage of Garbage
of the Code of the Town of and Refuge, specifically Sec-
Barnstable, the Town of Barn- tion 4, Minimum Setbacks for
stable ("Town") and Hyannis the dumpster location.
Harbor Suites Hotel, LLC or Copies of the signed and
Nominee ("Developer") have recorded DevelopmentAgree-
entered into a Regulatory ment are available for public
Agreement on June 2, 2014. inspection at the Planning
The Agreement provides for Board, Growth Management
the construction of a new four Department, 200 Main Street.
(4) story. 33,795 square-feet Hyannis , MA or at the Town
hotel building, operating year- Clerk' s Office , 367 Main
round for transient guests with Street, Hyannis, MA between
upto sixty-eight (68) total guest the hours of 8:30 a.m. to 4:30
rooms. Each room containing p.m.. Monday through Friday.
its own kitchen facility. The Paul R. Curley, Chair
subject property totals ap- Planning Board
proximately 3.98-acres and The Barnstable Patriot
is located in the HD-Harbor July 18, 2014
District of the Hyannis Village
Zoning Districts and is shown
on Assessor 's Map 326 as
Parcels 035 and 033
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provides specific waivers THE TOWN OF
from the Barnstable Zoning BARNSTABLE
Ordinances as follows: OFFICE OF TOWN
Section 240-24.1.7.A, Har- MANAGER
bor District, Permitted uses. NOTICE OF PUBLIC
to allow hotel rooms with HEARING
individual kitchen facilities. Town Manager, Thomas K.
Section 240-24.1.7.C, Har- Lynch,willholdapublichearing
bor District , Dimensional , on the transfer application for
bulk and other requirements, aquaculture license # 10-06 of
including maximum building Dudley Thomas ,90 Wachusett
height,toallow4-stories where Avenue.Hyannisport,MA02647
only 2.5 stories are permitted, to Richard Luce, 464 Scudder
waiversof the 10-foot minimum Avenue,Hyannisport,MA02647
side and rear setbacks and and the renewal of aquaculture
waiver of the 70% maximum license 99-27 of Cynthia Sum-
lot coverage, mers, 454 Old Town Road.
Section 240-52, Design and Hyannis, MA 02601.
Screening standards, Section Said public hearing will be
240-53, Landscape Require- heldonFriday,August8,2014at
ments for Parking Lots and 9:00A.M. for Richard Luce and
Section 240-56, Schedule of 9:15A.M.forCynthiaSummers
Off-Street Parking Require- in the Town Hall Selectman's
ments,to allow for a reduction Conference Room, Town Hall,
in the required on-site parking 2nd Floor, 367 Main Street,
andwaivers from thefollowing Hyannis, MA.
requirements for; 10% interior Any interestedparty isinvited
parking lot landscaping, num- to comment and attend this
ber of required trees, parking- hearing,
lot line to lot line and parking Thomas K. Lynch
space minimum dimension. Town Manager
Section 240-68,Signs in the The Barnstable Patriot
MB-A1, MB-A2, MB-B and HD July 18, 2014
Districtstoallowfor2wa(lsigns
that intotalexceedthe 50sq.ft.
NOTICEOFMORTGAGEE'SSALEOFREALESTATEPremises:
183 Salt Rock Road, Barnstable, Massachusetts By virtue and in
execution of the Power of Sale contained in a certain mortgage
given by Rita Benson and Joseph Benson to EverBank Reverse
Mortgage, LLC and now held by Nationstar Mortgage, LLC,said
mortgage datedAugust 11, 2008, and recorded in the Barnstable
County Registry of Deeds, in Book 23102 at Page 267, as af-
fected byanAssignment of Mortgage dated August 30,2012,and
recorded with said Deeds in Book 26713 at Page 94, of which
mortgage the undersigned is the present holder,for breach of the
conditions in said mortgage and for the purpose of foreclosing
the same will be sold at Public Auction on August 8, 2014, at
11:00 a.m. Local Time upon the premises, all and singular the
premises described in said mortgage, to wit: The land, together
with any buildings thereon, situated in Barnstable, Barnstable
County, Massachusetts, bounded and described as follows:
EASTERLY by Salt Rock Road by an are, Two Hundred Twenty
and 00/100 (220.00) feet, SOUTHERLY by Lot 11 as shown on
a plan of land hereinafter mentioned, One Hundred Sixty-Seven
and 94/100 (167.94) feet; WESTERLY by a stone wall and land
now or formerly of Richard Cobb as shown on said plan by three
dimensions,Eighty-oneand08/100(81.08)feet; Onehundredsix
and 45/100 (106.45) feet; Forty-five and 75/100 (45.75) feet; for
il
a total of Two hundred thirty-three and 28/100 (233 28) feet; and
NORTHERLY by Lot 7, One hundred seventy-nine and 57/100
(179.57) feet. Containing 38,872 square feet more or less and
being shown as Lot 9 on a plan of land entitled "Cummaquid Hills
Subdivision Plan of Land in Barnstable, MA for Alexander Blair.
Scale 14 = 100' dated February 1967, and drawn by Barnstable
Survey Consultants, Inc., 608 Main Street, West Yarmouth. MA"
which plan is duly recorded at the Barnstable County Registry of
Deeds in Plan Book 222, Page 85. Subject to and entitled to the
benefits of restnetions set forth in a document entitled "Imposition
of Restrictions" and recorded at fee Barnstable Registry of Deeds
in Book 1489. Page 693. The property hereby conveyed is also
subject to and entitled to the following benefits:the nght to use,
in common with others entitled thereto, the ways shown on the
aforesaid planfor all purposes for which such ways are commonly
used in the Town of Barnstable subject to the reservation of John
R. Creel his successors andassigns, of Ihe right togrant the ways
shown on said plan to the Town of Barnstable as public ways
and the right to grant the right to use said ways as appurtenant
to any other land which he may now own or hereinafter acquire.
The description of the property contained in the mortgage shall
control in the event of a typographical error in this publication.
For Mortgagor's Title, see Deed dated January 12, 2000, and
recorded in Book 12776 at Page 267 with the Barnstable County
Registry of Deeds. 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. TEN
THOUSAND ($10,000.00) 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 al the sale. Marinosci
Law Group. PC. 275 West Natick Road. Suite 500 Warwick , RI
02886 Attorney for Nationstar Mortgage, LLC Present Holder of
the Mortgage Telephone:(401) 234-9200 MLG File No.: 14-03208
A-4472290 07/18/2014, 07/25/2014, 08/01/2014
The Barnstable Patriot
July 18, July 25 and August 1, 2014
MORTGAGEE'S NOTICE OF SALE OF REAL ESTATE
By virtue and in execution of the Power of Sale contained in a
certain Mortgage given by John W. Tesiny to Mortgage Electronic
Registration Systems, Inc. as nominee for American Mortgage
Network, Inc., DBA American Mortgage Network of MA, a DE
Corp. , its successors and assigns, dated March 26, 2007 and
registered with Barnstable County Registry District of the Land
Court as Document Number 1059952 noted on Certificate of Title
Number 182798. subsequently assigned to OneWest Bank. FSB
by Mortgage Electronic Registration Systems, Inc., by assignment
and registered with Barnstable County Registry District of the Land
Court as Document Number 1147293 noted on Certificate of Title
Number 182798,subsequently assignedto Ocwen Loan Servicing,
LLC by OneWest Bank, FSB, by assignment and registered with
Barnstable County Registry District of the LandCourt as Document
Number 1238133 noted on Certificate of Title Number 182798.
of which the 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 01:00
PM on July 28, 2014 at 841 Santuit-Newtown Road, Barnstable
(Marstons Mills), MA, all and singular the premises described in
said Mortgage, to wit:
That certain parcel of land, together with the buidlings and
improvements thereon, situated in Barnstable (Marstons Mills).
BarnstableCounty,Massachusetts,locatedasshownonsubdivision
plan 34846-B (Sheet 1), drawn by Will C. Nye. Surveyor, dated
April 8, 1967 and filed in Barnstable County Registry of Deeds in
land Registration Book 329, Page 41 with Certificateof Title 41591
and said land is shown thereon as Lot 4.
Being the same premises conveyed to this Mortgagor by deed
recorded with Barnstable County Registry of Deeds-District of
the Land Court as Document #1029972. See Certificate of Title
No. 179659
The premises are to be sold subject to and with the benefit of all
easements, restrictions, building and zoning laws, unpaid taxes,
tax titles, water bills, municipal liens and assessments, rights of
tenants and parties in possession.
TERMS OF SALE:
A deposit of FIVE THOUSAND DOLLARS AND 00 CENTS
($5,000.00) in the form of a certified check or bank treasurer's
check will be required to be delivered at or before the time the
bid is offered. The successful bidder will be required to execute
a Foreclosure Sale Agreement immediately after the close of the
bidding. The balance of the purchase pnee shall be paid within
thirty (30) days from the sale date in the form of a certified check,
bank treasurer's check or other check satisfactory to Mortgagee's
attorney. The Mortgagee reserves the right to bid at the sale, to
reject any and all bids, to continue the sale and to amend Ihe
terms of the sale by written or oral announcement made before
or during the foreclosure sale. If the sale is set aside for any
reason,the Purchaser at the sale shall be entitledonly to a return
of the deposit paid. The purchaser shall have no further recourse
against theMortgagor,the Mortgageeorthe Mortgagee's attorney
The desenption of Ihepremises contained in said mortgage shall
control in the event of an error in this publication TIME WILL BE
OF THE ESSENCE.
Other terms if any. to be announced at the sale.
Ocwen Loan Servicing. LLC
Present Holder of said Mortgage
By Its Attorneys,
Orlans Moran PLLC
PO. Box 540540
Waltham. MA 02454
Phone 781-7r
-O-7800
The Barnstable Patriot
July 4, July 11 and July 18, 2014
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 Stephen C MacConnell a/k/a Stephen
MacConnella/k/aStephen CraigMacConnell to Mortgage Electronic
Registration Systems, Inc., dated June 10 2005 and recorj^iKith
theBarnstableCountyRegistryof Deedsat Book 19936. Page 150.of
which mortgage the undersignedis the present holder byassignment
from Mortgage Electronic Registration Systems. Inc., as nominee for
TD Banknorth. N.A. to JPMorgan Chase Bank. NAdatedApnl 6. 2013
and recorded with said registry onApnl 22.2013 at Book27309 Page
294.for breach of the conditions of said mortgage and for the purpose
of foreclosing, the same will be sold at PublicAuction at 1000 a.m on
July 29. 2014. on the mortgaged premises located at 28 LEONARD
RD.WESTHYANNISPORT(BARNSTABLE) BarnstableCounty Mas-
sachusetts, alland singular the premises desenbed in said mortgage.
TO WIT:
The land together with any buildings thereon situated in Barn-
stable (West Hyannisport) Barnstable County. Massachusetts,
being shown as LOT 8 on plan recorded with Barnstable County
Registry of Deeds in Plan Book 182 Page 121
Together with the right to use all of the ways shown on said plan
for all uses for which private ways are commonly used in the Town
of Barnstable in common with all others entitled thereto.
Meaning and intending the premises conveyed to the M