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Newspaper Archive of
Barnstable Patriot
Barnstable, Massachusetts
December 15, 2006     Barnstable Patriot
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December 15, 2006
 
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MORTGAGEE'S SALE OF REAL ESTATE By virtue of and in execution of the Power of Sale contained in a certain mortgage given by Michael Boudreau and Georgia Boudreau to Option One Mortgage Corporation, dated April 12, 2004 and recorded with Barnstable County Registry of Deeds in Book 18467, Page 138 of which mortgage LaSalle Bank National Association, as Trustee for Securitized Asset Investment Loan Trust Mortgage Pass-Through Certificates Series 2004-8 is the present holder by assignment, for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises locatedat 12 South Precinct Road,Centerville, Massachusetts will be sold at a Public Auction at 12.00 PM. on January 3, 2007, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit: The land together with the buildings thereon, commonly known as 12 South Precinct Road situated in the Town of Barnstable (Centerville), in the County of Barnstable and Commonwealth of Massachusetts,being LOT20as shownon planentitled: "Subdivision Plan of Land in Barnstable, Massachusetts (Barnstable County) Owned by: Peter G. Sheaffer, December 3, 1972, Scale 1" = 40', Cape Cod Survey Consultants, A Division of Boston Survey Consultants, lyanough Road (Route 132), Hyannis, Massachusetts," which said plan is duly filed in Barnstable County Registry of Deeds on Plan Book 281, Page 73 and Page 74. The above-described lot is conveyed subject to and with the benefit of easements of record, and restrictions, conditions and rights as set forth in an instrument duly filed with Barnstable County Registry of Deeds on June 2, 1975, Book 2190, Page 256. Together with a right of way as appurtenant to said lot over the ways as shown on said Plan to and from said lot to and Nye Road For mortgagor 's title see deed recorded with the Barnstable County Registry of Deeds in Book 15542, Page 265. The premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, and subject to prior liens or other enforceable en- cumbrances of record entitled to precedence over this mortgage, and subject to and with the benefit of all easements, restrictions reservations and conditions of record and subject to all tenancies and/or rights of parties in possession Termsofthe Sale: Cash,cashier'sor certifiedcheck inthe sum of $5,000.00, as a deposit must be shown at the time and place of the sale in order to qualify as a bidder (the mortgage holder and its designee(s) are exempt from this requirement); high bidder to sign written Memorandum of Sale upon acceptance of bid; balance of purchase price payable in cash or current funds in thirty (30) days from the date of the sale at the offices of mortgagee's attorney, Korde & Associates, PC, 321 Billerica Road, Suite 210, Chelmsford, MA 01824-4100 c/o Sanjit S Korde or such other time as may be designated by mortgagee. Other terms to be announced at the sale. LaSalle Bank National Association as Trustee for Securitized Asset Investment Loan Trust Mortgage Pass-Through Certificates Series 2004-8 present holder of said mortgage, by its attorney Sanjit S. Korde Korde & Associates, PC. 321 Billerica Road, Suite 210 Chelmsford, MA 01824-4100 (978)256-1500 The Barnstable Patriot December 8, December 15 and December 22, 2006 MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by Patricia L. Manning to "MERS", Mortgage Electronic Registration Systems, Inc., a separate corporation that is acting solely as nominee for Intervale Mortgage Corporation ("Lender"); and its successors and assigns dated May 19, 2004 and registered with the Barnstable County Registry District of the Land Court, as Docu- ment No. 968.089 and noted on Certificate of Title No. C33-6NF, 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 10:00 AM, on January 5, 2007, on the premises known as Unit No. 6NF of the Cape Crossroads Condominiums,800 Bearses Way, Hyannis,Massachusetts,the premises described in said mortgage, together with all the rights, easements, and appurtenances thereto, to wit: Unit No. 6NF as described in Master Condominium Certificate of Title No. C33, originally registered in the Land Court Division of the Registry District of Barnstable County. Massachusetts, on March 3, 1976 and in the Master Deed, Document No. 204,841, and indicated on Condominium Plan 30582-E-3 together with an undivided fractional interest in the common areas as set forth in the Master Condominium Certificate and Master Deed and as they may be or have been lawfully amended under the provisions of said Chapter 183A of the General Laws of Massachusetts. Subject to and with the benefit of all easements set forth in said Master Condominium Certificate and Master Deed and to the provisions of said Chapter 183A as amended The land described in said Master Condominium Certificate is under the operation and provisions of Chapter 185 ofthe General Laws and any amendments thereto, and the interest of said Unit is set forth under Section 3 of said Chapter 183A, subject , however, to any ofthe encumbrances mentioned in Section 46 of said Chapter 185 ofthe General laws, and any amendments thereto; which may be subsisting and subject also to any unregistered variance from the applicable unit plans, and to the existence at any time of the building containing the Unit and subject also as aforesaid. Said premises are conveyed subject to and with the benefit of all right, restrictions, rights-of-way, reservations, and easements of record, insofar as the same are now in force and applicable. Meaning and intending to mortgage the same premises conveyed by Deed of Qi Zhou and Jian Shen to Patricia L. manning dated November 15, 2002 and recorded with the Barnstable County Registry District of the Land Court as Document Number 894034, as noted on Certificate of Title Number C33-6NF. Termsof Sale: These premises are being sold subject to any and all unpaid real estate taxes, water rates, municipal charges and assessments , condominium charges,expenses,costs, and assessments, ifapplicable,federaltax liens,partitionwall rights, statutes, regulations, zoning, subdivision control, or other municipal ordinances or bylaws respecting land use, configuration, building or approval, or bylaws, statutes or ordinances regarding the presence of lead paint, asbestos or other toxic substances, sanitary codes, housing codes, tenancy, and, to the extent that they are recorded prior to the above mortgage , any easements, rights of way, restrictions, confirmation or other matters of record. Purchaser shall also bear allstate and county deedsexcise tax. The deposit of $5,000.00 is to be paid in cash or bank or certified check at the time and place of the sale, with the balance of the purchase price to be paid by bank or certified check within thirty (30) days after the date ofthe sale, to be deposited in escrow with Guaetta & Benson, LLP, at 9 Acton Road, Suite #10, Chelmsford, Massachusitts. 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 the foreclosure, the Mortgagee reserves the right to sell the property by foreclosure deed to the second or next highest bidder, providing that said bidder shall deposit with said attorney, the amount of the required deposit as set forth herein within five (5) business days 'after written notice of the default of the previous highest bidder Other terms, if any, are to be announced at the sale. Present holder of said mortgage Wells Fargo Bank, National Association, Trustee for the Benefit of Securtized Asset-Backed Receivables LLC Trust 2004-DO2 Mortgage Pass-Through Certificates, Series 2004-DO2 by its Attorneys Guaetta & Benson LLP Peter V Guaetta, Esquire 9 Acton Road Suite #10 Chelmsford, MA 01824 June 27, 2006 The Barnstable Patriot December 15, December 22 and December 29, 2006 BARNSTABLE TOWN COUNCIL PUBLIC HEARING NOTICE The Barnstable TownCouncil will hold a Public Hearing onAgenda Item "2007-063 Loan Order for Refunding Bonds" scheduled for a Public Hearing on Thursday, January 4, 2006 at 7:00 PM at the Barnstable Town Hall, 367 Main Street in the village of Hyannis with the potential to take final action on or after this date: 2007-063 LOAN ORDER FOR REFUNDING BONDS INTRO.: 12/21/06 Ordered: that in order to reduce interest costs, the Treasurer with the approval of the Town Manager is authorized to issue refunding bonds pursuant to G.L c 44, §21A to refund all or a portion of the remaining amounts of any of the Town's bonds outstand- ing as of the date hereof; that the refunding bonds shall be issued in an amount not to exceed $50,000,000, in order to pay the principal, redemption premium and interest on the bonds to be refunded, and costs of issuance of the refunding bonds, and that the Treasurer is authorized to execute such documents as may be necessary or desir- able to carry out this transaction, including a refunding trust agreement with a bank or trust company A full copy and text of the above agenda items is available for review during regular business hours inthe Offices ofthe TownClerk and the Town Council, Barnstable Town Hall, 367 Main Street, Village of Hyannis, Barnstable, MA Donald M Gnssom. Administrator Barnstable Town Council The Barnstable Patriot . December 15, 2006 • i ' i NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Byvirtue and inexecution ofthe Powerof Salecontained in acertain mortgage given by Manuel Joseph Brito Jr. to Mortgage Electronic Registration Systems, Inc as nominee forAegis Lending Corporation dated 7/29/2004, registered with Barnstable County Registry District of the Land Court as noted on Certificate of Title No 106784 . Document No 975997- 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 3:00 PM on January 2, 2007. on the mortgaged premises The entire mortgaged premises, all and singular, the premises as described in said mortgage: That certain parcel of land situated in Hyannis, in the County of Barnstable and Commonwealth ofMassachusetts,boundedanddescribed as follows: Southerly by Princess Pine Road, eighty-two and 56/100 (82.56) feet; Southwesterly by the junction of said Road and Fawcett Lane, eighty-sevenand 44/100 (87 44) feet; Westerly by said Lane, forty-one and 79/100 (41.79) feet, Northerly by Lot 88, one hundred thirty-five and 25/100 (135.25) feet; and Easterly by Lot 90, one hundred and 59/100 (100.59) feet All of said boundaries are determined by the court to be located as shown on subdivision plan 22825-P (Sheet 2) dated March 20, 1964 drawn by Nelson Bearse-Richard Law, Surveyors, and filed in Barnstable County Registry of Deeds in Land Registration Book 125, Page 104 with Certificate of Title No 17164 and said land is shown thereon as Lot 89. Subject to and with the benefit of easements , reservation, restrictions, and taking of record, if any, insofa r as the same are now in force and applicable. Inthe event of any typographical error set forth herein in the legal description ofthe premises, the description as set forth and contained in the mortgage shall control by reference. This property has the address of 30 Princess Pine Road, Hyannis, MA 02601. 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 ofthe 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 assessments, tax sales, tax titles and other municipal liens and water or sewer liens and State or County transfer fees, if any there are, and FIVE THOUSAND DOLLARS ($5,000.00) in cashier's or certified check will be required to be paid by the purchaser at the time and place of the sale 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 & l.ongoria, L.L.C, 100 Cummings Center, Suite 213C, Beverly, Massachusetts, time being ofthe 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, encumbra nces, condominium liens, if any and all other claim in the nature 1 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 L.L.C, 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 ofthe 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 successful bidder shall be held in escrow by DOONAN, GRAVES, & LONGORIAL1 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: November 22, 2006, Mortgage Electronic Registration Systems, Inc., By: John A. Doonan. Esq., DOONAN, GRAVES, & LONGORIA L.L.C . 100 Cummings Center. Suite 213C, Beverly, MA 01915 , (978) 921-2670, www.dgandl.com (1410.03/Brito Jr.)(12/08/06 , 12/15/06, 12/22/06)(73706) The Barnstable Patriot December 8, December 15, and December 22, 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 Brian A. Morrison and Susan B. Morrison to Sentry Federal Savings Bank, dated October 14, 1985 and recorded with the Barnstable County District of the Land Court filed as Document No. 376971 as noted on Certificate of Title No 96361 of which mortgage Wells Ff go Bank is the present holder, for breach of the conditions of said mortgage and for ihe purpose of foreclosing, the same will be sold at Public Auction at 3:00 PM on January 9, 2007, on the mortgaged premises located at 55 Scudder Bay Circle, Barnstable, MA 02630 , all and singular the premises described in said mortgage , TO WIT: of that land situated in Barnstable in the County of Barnstable and Commonwealth of Massachusetts, bounded and described as follows: Southwesterly by Soudder Bay Circle, one hundred and 26/100 (100.26) feet; Northwesterly by Lot 26. one hundred fifty and 52/100 (150.52) feet; Northeasterly by Lot 27, one hundred fifty-four and 95/100 (154.95) feet; Easterly by a portion of land now or formerly of John H Johnson, ninety- eight and 16/100 (98.16) feet; and Southeasterly by Lot 24, two hundred thirteen and 67/100 (213.67) feet. All of said boundaries are determined by the Court to be located as shown on plan 27801-A (Sheet 1) dated April 4, 1957, drawn by Earle F. Dunham, Sr , Surveyor, and filed in the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 199 Page 19 with Certificate of Title No. 25959 and said land is shown thereon as Lot 25. Said land is subject to an easement as set forth in a grant made by Fields Point Manufacturing Corporation to the Cape & Vineyard Electric Company and the New England Telephone & Telegraph Company dated April 25. 1957 duly recorded in Book 972 Page 30 Said land is subject to and has the benefit of easements and restrictions granted and reserved in a deed given by said Fields Point Manufacturing Corporation to Harold I Wilcox et ux dated September 2, 1960 duly recorded in Book 1073 Page 215 and the other dated August 31, 1960 duly recorded in Book 1088 Page 394 For mortgagors' title see deed recorded with Barnstable County District of the Land Court filed as Document No 334599 as noted on Certificate of Title No. 96361 These premises will be sold and conveyed subject to and with the benefit of all rights, rights of way, restrictions, easements , right of ways, covenants, liens or claims in the nature of liens, improvements , public assessments, any and all unpaid taxes, tax titles, tax liens,water and sewer liens and any other municipal assessments or liens or existing encumbrances of record which are in force and are applicable, having prjonty over said mortgage,whether or not reference to such restrictions ,easements ,improvements , liens, or encumbrances ismade inthe deed TERMS OF SALE: Adeposit of TEN THOUSAND ($10,000.00) DOLLARS by certified or bank check will be required to be paid by the purchaser at the time and place of sale. The balance is to be paid by certified or bank check at ABLITT 8.CHARLTON,P.C., 92 Montvale Avenue, Suite 2950. Stoneham. MA 02180, other terms and conditions will be provided at the place of sale The description of the premises contained in said mortgage shall control in the event of an error in this publication. OTHER TERMS. IF ANY, TO BE ANNOUNCED AT THE SALE Present holder of said mortgage, By its Attorneys, Deirdre Cavanaugh, Esq .ABLITT & CHARLTON, P.C.,92 Montvale Avenue. Suite 2950, Stoneham. MA 02180. (781)246- 8995, Dated: 12/01/2006 (91 0010/Mornson)(12/15/06 , 12/22/06, 12/29/06)(73969) The Barnstable Patriot December 15, December 22 and December 29, 2006 DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERWAYS REGULATION PROGRAM Notice of License Application Pursuant to M.G.L. Chapter 91 Waterways License Application Number W06-1781 Town of Barnstable, DPW NOTIFICATION DATE: December 18, 2006 Public notice is hereby given of the waterways application by Town of Barnstable. DPW to amend Permit No 10244 for the inclusion of additional maintenance dredging area within the entrance channel of Maraspin Creek and alternative sediment disposal/reuse sites, in the municipality of Barnstable, in and over flowed tidelands of Maraspin Creek The proposed project has been determined to be water-dependent The Department will consider all written comments on this Waterways application re- ceived within 30 days subsequent to the "Notification Date" Failure of any aggrieved person or group of ten citizens or more to submit written comments to the Waterways Regulation Program by the Public Comments Deadline will result in the waiver of any right to an adjudicatory hearing in accordance with 310 CMR 9 13(4)©. Additional information regarding this application may be obtained by contacting the Waterways Regulation Program at (508) 946-2730 Project plans and documents for this application are on file with the Waterways Regulation Program for public viewing by appointment only, at the address below Wntten comments must be addressed to David E Hill. Environmental Engineer DEP Waterways Regulation Program 20 Riverside Drive Lakeville, MA 02347 The Barnstable Patriot December 15. 2006 Bjbscribe Today (508) 771-1427JB MORTGAGEE'S SALE OF REAL ESTATE By virtue of and in execution of the Power of Sale contained in a certain mortgage given by Dolores V.Chaves to "Argent Mortgage Company, LLC,datedApril 15, 2005 and recorded with Barnstable County Registry District of the Land Court as Document No 999240 and Noted on Certificate of Title No C33-6NA of which mortgage Wells Fargo Bank, N.A., as Trustee for the benefit ofthe Certificate Holders, Park Place Securities,inc.,Asset-Backed Pass-Through Certificates Series 2005-WCW2 is the present holder by assignment , for breach of conditions of said mortgage and for the purpose of foreclosing the same,the mortgaged premises located at Unit 6NA in the Cape Crossroads Condominium, 800 Bearses Way, Unit 6NA,Hyannis, Massachusetts will be sold at a Public Auction at 11.00 A.M. on December 28, 2006, at the mortgaged premises , more particularly described below, all and singular the premises described in said mortgage, to wit: That certain unit in the CAPE CROSSROADS CONDOMINIUM, situated in Barnstable (Hyannis). Barnstable County, Massachusetts, established pursuant to Massachusetts General Laws, Chapter 183A, designed as follows: UNIT 6NA, as described in Master Condominium Certificate of Title no C33 and in the Master Deed, Document No 204.841. and indicated on Condominium Plan No. 30582-E-2. together with an undivided fractional interest in the common areas as set forth in the Master Condominium Certificate and Master deed and as they may be or have been lawfully amended under the provisions of Chapter 183A Subject to and with the benefit of all easements as set forth in said Master Condominium Certificates and Master Deed And it is further certified that the land described in said Master Condominium Certifi- cate is under the operation and provisions of Chapter 185 of General Laws, and any amendments thereto, and that the interest to said unit is set forth under Section 3 of said Chapter 183A, subject to. however, to any of the encumbrances mentioned in section 46 of said Chapter 185 of the General Laws and any amendments thereto which may . be subsisting, and subject also to any unregistered variances from the applicable unit plans, and to the existence at any time ofthe building containing the unit. For mortgagor s title see deed recorded with the Barnstable County Registry District of the Land Court as Document No. 999239 and Noted on Certificate of Title No. C33-6NA. The premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, and subject to prior liens or other enforceable en- cumbrances of record entitled to precedence over this mortgage, and subject to and with the benefit of all easements , restrictions reservations and conditions of record and subject to all tenancies and/or rights of parties in possession. Terms ofthe Sale Cash, cashier 's or certified check in the sum of $5,000.00. as a deposit must be shown at the time and place of the sale in order to qualify as a bidder (the mortgage holder and its designee(s) are exempt from this requirement); high bidder to sign written Memorandum of Sale upon acceptance of bid: balance of purchase price payable in cash or current funds in thirty (30) days from the date of the sale at the offices of mortgagee's attorney. Korde & Associates PC 321 Billerica Road, Suite 210, Chelmsford , MA 01824-4100 c/o Sanjit S. Korde or such other time as may be designated by mortgagee Other terms to be announced at the sale Wells Fargo Bank , N. A as Trustee for the benefit of the Certificate Holders. Park Place Securities, Inc., Asset-Backed Pass-Through Certificates Series 2005-WCW2, present holder of said mortgage , by its attorney Sanjit S. Korde Korde & Associates, PC. 321 Billenca Road, Suite 210 Chelmsford , MA 01824-4100 (978)256-1500 The Barnstable Patriot December 1, December 8 and December 15. 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 Dana L. Woodman to First Horizon Home Loan Corporation, dated April 14. 2005 and recorded with the Barnstable County Registry of Deeds at Book 19728. Page 1, of which mortgage EMC Mortgage Corporation, 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 2:00 PM on January 8, 2007. on the mortgaged premises located at 15 General Patton Drive, Hyannis,MA 02601, all and singular the premises described in said mortgage, TO WIT: A certain parcel of land with the buildings and structures now or hereafter thereon situ- ated in Barnstable (Hyannis), Barnstable County. Massachusetts, described as follows: Northeasterly by Lot 9 as shown on hereinafter-mentioned plan, one hundred twenty and 33/100 (120.33) feet: Southeasterly by General Patton Drive, as shown on said plan, sixty-six and 00/100 (66.00) feet: and Southwesterly by Lot 11 as shown on said plan, one hundred twenty and 32/100 (120 32) feet: and Northwesterly by land now or formerly of Abraham Gross et al as shown on said plan, sixty-six and 00/100 (66.00) feet. Containing 7,919 square feet and being shown as Lot 10 on plan of Land entitled "Subdivision Plan of Land in Hyannis, Barnstable, MA , for Barnstable HousingAuthority, Scale 1 in = 40 ft., Date: March 28, 1968, Charles N. Savery Inc. Registered Engineers & Surveyors, Hyannis, Cape Cod" which plan is duly recorded with Barnstable County Registry of Deeds in Plan Book 225. Page 109. Together with a right of way over the streets and ways shown on said plan for all purposes for which streets and ways are commonly used in the Town of Barnstable in common with others lawfully entitled thereto. For mortgagor 's title see deed recorded with Barnstable County Registry of Deeds in Book 19727. Page 342 These premises will be sold and conveyed subject to and with the benefit of all rights, rights of way, restrictions , easements, right of ways, covenants, liens or claims in the nature of liens, improvements , public assessments , any and all unpaid taxes , tax titles, tax liens, water and sewer hens and any other municipal assessments or liens or existing encumbrances of record which are in force and are applicable, having priority over said mortgage,whether or not reference to such restrictions,easements,improvements,liens, or encumbrances is made inthe deed. TERMS OF SALE: Adeposit of TEN THOUSAND ($10,000.00) DOLLARS by certified or bank check will be required to be paid by the purchaser at the time and place of sale. The balance is to be paid by certified or bank check at ABLITT & CHARLTON,P.C..92 Montvale Avenue, Suite 2950, Stoneham, MA 02180 . other terms and conditions will be provided at the place of sale The description of the premises contained in said mortgage shall control in the event of an error in this publication OTHER TERMS. IF ANY. TO BE ANNOUNCED AT THE SALE. Present holder of said mortgage. By its Attorneys. Arthur F Ashton, Esq., ABLITT & CHARLTON, P.C.. 92 Montvale Avenue. Suite 2950. Stoneham, MA 02180. (781)246- 8995 Dated: 11/30/2006 (8 0834/Woodman)(12/15/06 , 12/22/06 , 12/29/06)(73967) The Barnstable Patiot December 15, December 22 and December 29 , 2006 TOWN OF BARNSTABLE ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE JANUARY 3, 2007 To all persons interested in. or affected by the Zoning Board of Appeals under Section 11, of Chapter 40A of the General Laws of the Commonwealth of Massachusetts, and all amendments thereto you are hereby notified that 7:00 PM Appeal 2007-001 Williams Monica U Williams has applied for a Variance to Section 240-14 (E) Bulk Regulations Side Yard Setbacks The applicant seeks to construct an attached garage to the existing dwelling that will have a 10 foot side yard setback where a 15 foot setback is required The property is addressed as 33 Viola Lane. Marstons Mills, MA., and is shown on Assessor s Map 043 as parcel 006-003 and is located in a Residence F Zoning District 7:15 PM Appeal 2007-003 Warren Laurie A Warre n has applied for a Variance to Section 240-7(D) Lot Shape Factor Residential District The applicant seeks to alter an existing lot and create a buildable lot of 47.298 square feet and with a shape factor of 33 21 when zoning permits only a maximum shape factor of 22 The property is addressed as 976 Phinneys Lane. Hyannis. MA , Assessor 's Map 251 as Parcel 222 and located in a Residence C-1 Zoning District 7:30 PM Appeal 2007- 002 Cape Regency Nursing & Rehabilitation Center Radius Providence Realty d/b/a Cape Regency Nursing & Rehabilitation Center has applied for a Special Permit pursuant to Section 240-15 (C) [1] Conditional Use and/or a Modification of Special Permit 1980-91. and if necessary Section 240-93(B) - Expan- sion of a Nonconforming Structure The applicant seeks to construct an addition to the existing nursing home to accommodate 29 units of assisted living The property is addressed as 120 South Main Street. Centerville, MA , and is shown on Assessor's Map 208 as parcel 089-001 and is located in a Residence C-2 Zoning District. 7:45 PM Appeal 2007-004 Bartlett Amanda and Thomas Bartlett have filed an appeal of the October 31. 2006 decision of the BuildingCommissioner The Building Commissioner has determined that the subject lot and structure addressed as 330 Old Mill Road. Osterville, MA is accessory to the lot and use located at 336 Old Mill Road Osterville. MA . and that the two lots are not separate, independent, developed lots The applicants contend that the two lots are separate individual lots each developed with a single family dwelling The property is addressed 330 Old Mill Road. Osterville. MA and is shown on Assessor 's Map 142 as parcel 062-001 and is located in a Residence C Zoning District These Public Hearings will be held atthe Barnstable TownHall,367 Main Street.Hyannis, MA. Hearing Room. 2" Floor. Wednesday. January 3. 2007 Plans and applications may be reviewed at the Zoning Board of Appeals Office. Growth Management Depart- ment. Town Offices. 200 Main Street . Hyannis. MA Gail C Nightingale. Chairman Zoning Board of Appeals The Barnstable Patriot | December 22 and December 29. 2006