The legal notices that ran in the print editions of the Enterprise newspapers on August 6, 2019

 

The Falmouth Enterprise  The Bourne Enterprise   The Mashpee Enterprise   The Sandwich Enterprise   

As ran in the Classified section in all four Enterprise newspapers


From The Falmouth Enterprise

 

Falmouth Historical Commission

Public Hearing Notice

Adjusting the Historic District Boundaries

Code of Falmouth Chapter 36: Historic District Bylaw

In accordance with the provisions of the Code of Falmouth Chapter 36: Falmouth Historic District bylaw, the Falmouth Historical Commission shall hold a public hearing on September 3, 2019 at 5:00 pm, in the Civil Defense Room at Falmouth Town Hall, 59 Town Hall Sq., Falmouth, MA, 02540, to hear community support or concern regarding a proposed adjustment to the Historic District Boundaries.  The Commission is considering adjusting the Historic District boundaries in all seven (7) districts: North Falmouth; West Falmouth; Quissett; Woods Hole; Falmouth Village; Davisville and Waquoit. This adjustment will provide the Commission with jurisdiction over the enitre parcel found in one of the seven mapped districts affecting 1,019 properties. This adjustment will also remove 123 properties from the Town’s local historic districts. 

Per order of the Falmouth Historical Commission 

Edward J Haddad, Chairman, Falmouth Historical Commission 

August 16, 2019


FALMOUTH CONSERVATION COMMISSION

PUBLIC HEARING NOTICE

The FALMOUTH CONSERVATION COMMISSION will hold a public hearing under Section 40, Chapter 131 of the general laws of the Commonwealth of Massachusetts Wetlands Protection Act and/or the Town of Falmouth Wetlands Protection Bylaw on Wednesday, August 28, 2019 at 7:00 PM in the Selectmen’s Meeting Room, Falmouth Town Hall.

Complete applications are available in the Conservation Commission office for review.

REQUESTS FOR DETERMINATION OF APPLICABILITY

Justin Morgan, 598 Waquoit Highway, East Falmouth, MA- For permission to upgrade to a Title 5 septic system. 

Jeff Batta, 360 Shorewood Drive, East Falmouth, MA- For permission to raze and rebuild existing dwelling within Flood Zone AE.

Karen Olcott, 141 Fay Road, Woods Hole, MA- For permission to construct an addition over existing patio and install mitigation plantings. 

Jeffrey Oppenheim, 123 Atamannsit Road, East Falmouth, MA- For permission to vista prune according to FWR 10.18(10)(b).

Buzzards Bay Coalition, Sippewissett Road & Gunning Point Avenue, Falmouth, MA- For permission to continue maintenance of phragmites at Flume Pond and Gunning Point Pond.

August 16, 2019


 By Order of: Jamie Mathews, Acting Chair

Falmouth Conservation Commission  

Town of Falmouth

Historical Commission

Public Hearing Notice

The Falmouth Historical Commission will hold a public hearing under Massachusetts General Law Chapter 40C section 11, and Town bylaw section 7.4 as Amended on Tuesday, September 3, 2019 at 6:00PM in the Civil Defense Room, Falmouth Town Hall.

Requests for Certificates of Appropriateness:

19.48Falmouth Historical Society, 55-65 Palmer Avenue - New Site Signage

19.47Lary and Susan Ball, 53 Old Main Road - Rooftop Solar Panels

19.43Paul Pendleton, 18 Locust Street - New Accessory Garage

   

On behalf of the Falmouth Historical Commission

August 16, 2019


Falmouth Zoning Board of Appeals   

           Notice of Public Hearing for September 5, 2019

Notice is hereby given of the following Public Hearing @ 6:30pm and Open Meeting in the Selectmen’s Meeting Room, Town Hall on Thursday September 5, 2019

Continuations: 026-19 Kachadoorian / Balas, 5 Canapitsit Road, East Falmouth – Appeal of Building Commissioner regarding lack of enforcement for zoning violations

Application #042-19 Arthur M.Hawkes and Sarah L. Waaramaa: Applied to the Zoning Board of Appeals for a special permit pursuant to section(s) 240-3 C. and 240-51 A. (5) of the Code of Falmouth to construct a single-family dwelling and maintain existing two-family dwelling on subject property known as 641 West Falmouth Highway, West Falmouth, MA.

Application #047-19 Robert Cefaioli and Nanette McClaskey: Applied to the Zoning Board of Appeals for a special permit pursuant to section(s) 240-3 C. and 240-69 E. of the Code of Falmouth to remove existing deck and construct an addition in its place, exceeding 20% lot coverage by structures on subject property known as 51 Weston Road, North Falmouth, MA.

Application #048-19 John H. and Lori A. MacAskill: Applied to the Zoning Board of Appeals for a special permit pursuant to section(s) 240-3 C. and 240-69 E. of the Code of Falmouth to construct an addition exceeding 20% lot coverage by structures on subject property known as 64 Philadelphia Street, Teaticket, MA. 

Application #049-19 Thomas L. and Marysia F. Messer and Joanna Bennett: Applied to the Zoning Board of Appeals for a modification of special permit #004-18 pursuant to section(s) 240-38 I (5) (b) of the Code of Falmouth to allow changes from previously approved plans which include a retaining wall and addition of a landing and steps on subject property known as 190 Goeletta Drive, East Falmouth, MA.

Application #052-19 Cape Cod Aggregates Corp.: Applied to the Zoning Board of Appeals for a special permit pursuant to section(s) 240-150 thru 240-156 and 240-212 of the Code of Falmouth to continue the earthmoving operation and reclamation of land on properties located on Dimmock Avenue and Draper Road, East Falmouth, MA.

Map 22 Section 01 Parcel 008A Lot 14

Map 23 Section 03 Parcel 014A Lot 13

Map 23 Section 03 Parcel 014B Lot 15

Map 23 Section 03 Parcel 014C Lot 17

Files are available in the Board of Appeals Office at Town Hall for review by interested parties

August 9,16, 2019


From The Bourne Enterprise

 


From The Mashpee Enterprise

MASHPEE

ZONING BOARD 

OF APPEALS

PUBLIC HEARINGS NOTICE 

SEPTEMBER 11, 2019

The Mashpee Zoning Board of Appeals will hold Public Hearings on 

Wednesday, September 11, 2019 at 6:00 p.m. in the Waquoit Meeting Room at the 

Mashpee Town Hall,

16 Great Neck Road North, on the following:

NEW HEARINGS

79 Cayuga Avenue: Petitioner, David J. Rivera requests a Variance under §174-31 from the front and side yard setbacks, and lot coverage requirements to allow for construction of a garage and porch on property located in an R-3 Zoning District, Map 58 Parcel 12, Mashpee MA. (Issued Variance V-2016-38 expired), (Owner of Record: Kristen E. Ferguson). 

Plans may be viewed prior to the hearings in the ZBA office and the Town Clerk’s office.

Per Order of:  Jonathan D. Furbush, Chairman

Mashpee Zoning Board of Appeals

August 16, 23, 2019


TOWN 

OF 

MASHPEE 

PUBLIC HEARING NOTICE

In accordance with the provisions of the Town of Mashpee Conservation Bylaw, Chapter 172, Rules and Regulations concerning wetlands, and Chapter 131, §40, Massachusetts General Laws, a public hearing will be held at the Mashpee Town Hall on August 22, 2019 at 6:03 p.m. on the application of a Request for Determination of Applicability submitted by Jane A. Goubeaux to allow for septic system upgrade on property located at 22 Bright Coves Way, Assessor’s Map 111 Parcel 45.

In accordance with plans on file with the Mashpee Conservation Commission.

Dale R. McKay

Chairman

August 16, 2019


MASHPEE

PLANNING 

BOARD

PUBLIC HEARING NOTICE

Pursuant to Massachusetts General Laws, Chapter 40A, the Mashpee Planning Board will hold a public hearing on Wednesday, September 4, 2019 at 7:10 P.M. at the Mashpee Town Hall, 16 Great Neck Road North, to consider an application by Blue Sky Towers II, LLC for a Special Permit to erect a personal wireless service facility as required by Section 174-25 (H)(9); 174-45.3 of the Mashpee Zoning By-Law. The property is located at 101 Red Brook Road, Mashpee Fire Station #2, identified on the Mashpee Assessors Maps as Map 104, Lot 2. 

Submitted by:

Mary Waygan, Chair

Mashpee Planning Board

August 16,23, 2019


TOWN 

OF 

MASHPEE 

PUBLIC HEARING NOTICE

In accordance with the provisions of the Town of Mashpee Conservation Bylaw, Chapter 172, Rules and Regulations concerning wetlands, and Chapter 131, §40, Massachusetts General Laws, a public hearing will be held at the Mashpee Town Hall on August 22, 2019 at 6:09 p.m. on the application of a Notice of Intent submitted by Frances Pennell to allow for removal of existing patios and installation of an in ground pool, decking, hardscaping and mitigation plantings on property located at 76 Triton Way, Assessor’s Map 132 Parcel 5.

In accordance with plans on file with the Mashpee Conservation Commission.

Dale R. McKay

Chairman

Copies of the Notice of Intent may be examined at the office of the Mashpee Conservation Commission between the hours of 8:30 and 4:30, Monday through Friday.

NOTE:  Notice of the public hearing, including date, time and place, will be published at least five (5) days in advance in the Mashpee Enterprise or Cape Cod Times.  Notice will also be posted in Town Hall not less than forty-eight (48) hours in advance.

August 16, 2019


TOWN 

OF 

MASHPEE 

PUBLIC HEARING NOTICE

In accordance with the provisions of the Town of Mashpee Conservation Bylaw, Chapter 172, Rules and Regulations concerning wetlands, and Chapter 131, §40, Massachusetts General Laws, a public hearing will be held at the Mashpee Town Hall on August 22, 2019 at 6:12 p.m. on the application of a Notice of Intent submitted by Steven D. & Michelle H. Herwald, LLC to reconstruct a licensed pier, ramp and float with the addition of a platform and mitigation plantings on property located at 2 Summersea Road, Assessor’s Map 104 Parcel 90.

In accordance with plans on file with the Mashpee Conservation Commission.

Dale R. McKay

Chairman

Copies of the Notice of Intent may be examined at the office of the Mashpee Conservation Commission between the hours of 8:30 and 4:30, Monday through Friday.

NOTE:  Notice of the public hearing, including date, time and place, will be published at least five (5) days in advance in the Mashpee Enterprise or Cape Cod Times.  Notice will also be posted in Town Hall not less than forty-eight (48) hours in advance.

August 16, 2019


MASHPEE 

ZONING BOARD 

OF APPEALS

PUBLIC HEARINGS NOTICE 

SEPTEMBER 11, 2019

The Mashpee Zoning Board of Appeals will hold Public Hearings on 

Wednesday, September 11, 2019 at 6:00 p.m. in the Waquoit Meeting Room at the 

Mashpee Town Hall,

16 Great Neck Road North, on the following:

NEW HEARINGS

26 Greenwood Road: Owner, Leo Surette requests a Variance from the front yard setback under §174-31 fn. 19 (Land Space Requirements Table) of the Zoning Bylaws to allow for construction of a deck on property located in an R-3 Zoning District, and Popponesset Overlay District, Map 117 Parcel 179, Mashpee, MA 02649.

19 Keel Way: Owner, Julieann E. Rainville, Trustee requests a Variance from §174-33 (setbacks from water and wetlands) of the Zoning Bylaws to allow for construction of a shed on property located in an R-3 Zoning District, and Little Neck Bay, Map 120 Parcel 138, Mashpee, MA.

Plans may be viewed prior to the hearings in the ZBA office and the Town Clerk’s office.

Per Order of:  Jonathan D. Furbush, Chairman

Mashpee Zoning Board of Appeals

August 9,16, 2019


TOWN

 OF 

MASHPEE 

PUBLIC HEARING NOTICE

In accordance with the provisions of the Town of Mashpee Conservation Bylaw, Chapter 172, Rules and Regulations concerning wetlands, and Chapter 131, §40, Massachusetts General Laws, a public hearing will be held at the Mashpee Town Hall on August 22, 2019 at 6:18 p.m. on the application of a Notice of Intent submitted by Kenneth E. Marsters, et al Trustees, Prime Properties Realty Trust, to allow for construction of a single-family dwelling and garage with hardscape and landscape modifications on property located at 75 Palmer Road, Assessor’s Map 66 Parcel 88.

In accordance with plans on file with the Mashpee Conservation Commission.

Dale R. McKay

Chairman

Copies of the Notice of Intent may be examined at the office of the Mashpee Conservation Commission between the hours of 8:30 and 4:30, Monday through Friday.

NOTE:  Notice of the public hearing, including date, time and place, will be published at least five (5) days in advance in the Mashpee Enterprise or Cape Cod Times.  Notice will also be posted in Town Hall not less than forty-eight (48) hours in advance.

August 16, 2019


TOWN 

OF 

MASHPEE 

PUBLIC HEARING NOTICE

In accordance with the provisions of the Town of Mashpee Conservation Bylaw, Chapter 172, Rules and Regulations concerning wetlands, and Chapter 131, §40, Massachusetts General Laws, a public hearing will be held at the Mashpee Town Hall on August 22, 2019 at 6:15 p.m. on the application to Amend Order of Conditions 43-2975 submitted by Kenneth E. Marsters, et al Trustees, Prime Properties Realty Trust, to allow for construction of a single-family dwelling and garage with hardscape and landscape modifications on property located at 55 Palmer Road, Assessor’s Map 66 Parcel 92.

In accordance with plans on file with the Mashpee Conservation Commission.

Dale R. McKay

Chairman

Copies of the Request to Amend Order of Conditions and plans may be examined at the office of the Mashpee Conservation Commission between the hours of 8:30 and 4:30, Monday through Friday.

NOTE:  Notice of the public hearing, including date, time and place, will be published at least five (5) days in advance in the Mashpee Enterprise or Cape Cod Times.  Notice will also be posted in Town Hall not less than forty-eight (48) hours in advance.

August 16, 2019


From The Sandwich Enterprise

TOWN OF SANDWICH

PUBLIC HEARING NOTICE

BOARD OF APPEALS

The Sandwich Board of Appeals will hold a Public Hearing on the application of Farmersville Realty, LLC, Applicant and Property Owner, and Eliza Cox, Esq., Authorized Agent, for a Variance under Sections 4440, 4441 and 2600L for property located at 0 Farmersville Road, Sandwich, MA, Assessor’s Map 13 Parcel 82, for the purpose of seeking relief for an 11 lot residential subdivision.  

The Public Hearing will be held on August 27, 2019, at the Sand Hill School Community Center, 16 Dewey Avenue, Sandwich, MA at 6:00 p.m.  The public record information can be viewed at the Planning & Development Office, 16 Jan Sebastian Drive, Sandwich, MA, Monday – Friday, 8:30 a.m. to 4:30 p.m.

Christopher Neeven, Chair, Sandwich Board of Appeals

August 9, 16, 2019


TOWN OF SANDWICH

HISTORIC DISTRICT COMMITTEE

Notice of Public Hearing

To be held 

Wednesday, August 28, 2019

At 6:30 PM 

PLEASE TAKE NOTE OF MEETING LOCATION

Sand Hill School Community Center

16 Dewey Avenue

Certificates of Appropriateness

19-126D Heritage Plantation of Sandwich, Inc.

Remove existing 30’ yurt and deck at 0 Shawme Road and 0 Pocasset Road, located at Map 37, Lots 1 and 2.

19-127RB Heritage Plantation of Sandwich, Inc.

New 24’ yurt and deck at 0 Shawme Road and 0 Pocasset Road, located at Map 37, Lots 1 and 2.

19-128 Heritage Plantation of Sandwich, Inc.

Relocation of several elements of challenge course at 0 Shawme Road and 0 Pocasset Road, located at Map 37, Lots 1 and 2.

19-129 David Osowksi

Replacement garage doors at 104 Main Street, located at Map 72, Lot 61.

19-130 Thomas Morrissey

Solar panels at 7 Horseshoe Circle, located at Map 39, Lot 071.

19-131 Peter/Carol Walsh

New dormer to include change to roof line at 52 Almy Avenue, located at Map 89, Lot 39.

19-132 Bannon Custom Builders

New windows, doors and front covered entryway and paint at 66 Tupper Road, located at Map 87, Lot 41.

19-133 Armand J. Auclair

Remove existing front stairs, new deck with stairs, enclose basement walkout area, install new entry door in lower level and new 2nd floor addition at 12 Carman Avenue, located at Map 88, Lot 70.

19-134 Cape Cod Five Cent Savings Bank

Replace existing drive-up ATM kiosk with smaller kiosk in same location at 85 Route 6A, located at Map 87, Lot 77. 

Richard Claytor, Chairman 

Sandwich Historic Committee

August 16, 2019


INVITATION FOR BIDS

SANDWICH MARINA I-DOCK IMPROVEMENTS: PHASE ONE 2019 

Sealed bids for furnishing the following item will be received online at www.bidexpress.com until the time specified below at which time the bids will be publicly opened and read.  The work consists of construction of new pile-supported timber dock, aluminum gangway installation and related work at the Sandwich Marina, Sandwich, Mass. and other work as specified in the Contract Documents.  

Specifications and bid forms may be obtained on or after 8:00 A.M. August 14, 2019 online at www.bidexpress.com.  

Bids will be opened online at the Office of the Town Engineer at 10:00 A.M. on September 18, 2019.  Each Bid must be accompanied by a bid security consisting of a BID BOND, CASH, or, CERTIFIED CHECK issued by a responsible bank or trust company in the amount of 5% of the bid price.

Pre-Bid Conference and Site Visit will be held at the Sandwich Harbormaster Office, 12 Freezer Rd., Sandwich, MA at 10:00 A.M., August 28, 2019.  It is advised that all prospective bidders have a representative in attendance. 

A performance bond in an amount equal to 100 percent of the total amount of the contract price with a surety company qualified to do business in the Commonwealth of Massachusetts will be required for the faithful performance of the contract, as well as a labor and materials bond in an amount equal to 100 percent of the total contract price.

All bids for this project are subject to applicable public bidding laws of Massachusetts, including, but not limited to G.L. c.30, §39M.

Attention is directed to the minimum wage rates to be paid as determined by the Commissioner of Labor and Workforce Development and the weekly payroll record submittal requirements under the provisions of Massachusetts General Laws, Chapter 149, Section 26 through 27D inclusive and the Federal Fair Labor Standards Act.  

Selection of the contractor will be based upon bidder qualifications, including evidence of past performance in similar projects, and bid price.  The contract will be awarded to the bidder deemed by the awarding authority to be the lowest responsible and eligible bidder.

The bidder agrees that its bid shall be good and may not be withdrawn for a period of 30 days, Saturdays, Sundays and legal holidays excluded, after the opening of the bids.

The Town reserves the right to waive any informalities, to accept or reject, in whole or in part any or all bids, or take whatever other action may be deemed to be in the best interest of the Town.

The Town of Sandwich

By:George H. Dunham, Town Manager

August 16, 2019


From All Four Enterprise Newspapers

The Falmouth Enterprise, The Mashpee Enterprise, The Bourne Enterprise, The Sandwich Enterprise

 

NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE

Premises: 1 Wampanoag Road, Bourne (Sagamore Beach), Massachusetts

By virtue and in execution of the Power of Sale contained in a certain mortgage given by Edward W. Balzarini to Ameriquest Mortgage Company, said mortgage dated October 20, 2004, and recorded in the Barnstable County  Registry of Deeds, in Book 19188 at Page 140 and now held by Wilmington Trust, National Association, not in its individual capacity, but solely as trustee for MFRA Trust 2015-1 by virtue of an assignment from PennyMac Corp to Wilmington Trust, National Association, not in its individual capacity, but solely as trustee for  MFRA Trust 2015-1 dated May 11, 2018 and recorded June 7, 2018 in Barnstable Registry of Deeds in Book 31321, Page 86, previously assigned by PennyMac Holdings, LLC fka PennyMac Mortgage Investment Trust Holdings I, LLC formerly dba PennyMac Mortgage Investment Holdings I, LLC, to PennyMac Corp., by virtue of an assignment dated March 21, 2016 and recorded May 31, 2016 in the Barnstable County Registry of Deeds, in Book 29685 Page 286, previously assigned by PennyMac Corp. to PennyMac Holdings, LLC f/k/a PennyMac Mortgage Investment Trust Holdings I, LLC formerly dba PennyMac Mortgage Investment Holdings I, LLC by virtue of an assignment of mortgage dated January 23, 2014 and recorded January 29, 2014 in the Barnstable County Registry of Deeds, in Book 27960 Page 192, previously assigned by JPMC Specialty Mortgage LLC, F/K/A WM Specialty Mortgage LLC, to PennyMac Corp by virtue of an assignment dated September 17, 2013 and recorded October 29, 2013 in the Barnstable County Registry of Deeds, in Book 27789 Page 193, previously assigned by Ameriquest Mortgage Company to WM Specialty Mortgage LLC by virtue of an assignment dated June 6, 2006 and recorded June 19, 2006 in the Barnstable County Registry of Deeds, in Book 21111 Page 134 for breach of the conditions in said mortgage and for the purpose of foreclosing the same, will be sold at Public Auction on August 26/2019 at 11:00 AM Local Time upon the premises all and singular the premises described in said mortgage, to wit:

A certain parcel of land with the buildings thereon situated in Bourne (Sagamore Beach), Barnstable County, Massachusetts bounded and described as follows:

Northeasterly: by Wampanoag Road 57.89 feet

Easterly: by the intersection of Wampanoag Road and Samoset Road, measured on an arc for a distance of about 20 feet

Southeasterly by Samoset Road 108.45 feet

Southwesterly by Lot 35 and Lot 36 111.94 feet;

Northwesterly by Lot 45, 120 feet.

Containing an area of 12,175 feet of land and being shown on a plan of land entitled "Plan of Land of Sagamore Beach Company, Sagamore, Mass. 1904 H.J. Whitman and Channing Howard C.E. 85 Devonshire Street, Boston and recorded at the Barnstable County Registry of Deeds in Plan Book 15, Page 87.

The description of the property that appears in the mortgage to be foreclosed shall control in the event of a typographical error in this publication.

For Mortgagors’ Title see deed dated June 21, 1985, and recorded in Book 4592 at Page 43 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.

FIVE THOUSAND ($5,000.00) Dollars of the purchase price must be paid by a 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 sixty (60) 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 Wilmington Trust, National Association, not in its individual capacity, but solely as trustee for  MFRA Trust 2015-1

Present Holder of the Mortgage

(860) 677-2868

August 2,9,16, 2019


COMMONWEALTH OF MASSACHUSETTS

LAND COURT

DEPARTMENT OF THE TRIAL COURT

19 SM 001895

ORDER OF NOTICE

To:

Lawrence D. Blais

and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. c. 50 §3901 (et seq):

Ditech Financial LLC f/k/a Green Tree Servicing, LLC

claiming to have an interest in a Mortgage covering real property in Pocasset (Bourne), numbered 742 County Road, given by Lawrence D. Blais to Mortgage Electronic Registration Systems, Inc. acting solely as a nominee for Metrocities Mortgage, LLC, dated December 27, 2006, and recorded in Barnstable County Registry of Deeds in Book 21663, Page 263, and now held by the Plaintiff by assignment, has/have filed with this court a complaint for determination of Defendant's/Defendants' Servicemembers status.

If you now are, or recently have been, in the active military service of the United States of America, then you may be entitled to the benefits of the Servicemembers Civil Relief Act.  If you object to a foreclosure of the above mentioned property on that basis, then you or your attorney must file a written appearance and answer in this court at Three Pemberton Square, Boston, MA 02108 on or before September 16, 2019 or you may lose the opportunity to challenge the foreclosure on the ground of noncompliance with the Act.

Witness, GORDON H. PIPER, Chief Justice of this Court on August 2, 2019.

Attest:Deborah J. Patterson

Recorder

19-034554

August 16, 2019


COMMONWEALTH OF MASSACHUSETTS

THE TRIAL COURT

PROBATE AND FAMILY COURT

Docket No. BA19P1253EA

 Estate of: Gary Michael Tenney

Date of Death: 07/14/2019

Barnstable Division

3195 Main Street

PO Box 346

Barnstable, MA 02630

508-375-6710

CITATION ON PETITION FOR FORMAL ADJUDICATION

To all interested persons:

A Petition for Formal Adjudication of Intestacy and  Appointment of Personal Representative has been filed by:

Glenn M Tenney of Kailua HI

requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition. 

The Petitioner requests that:

Glenn M Tenney of Kailua HI

be appointed as Personal Representative(s) of said estate to serve WITHOUT SURETY on the bond in an unsupervised administration. 

IMPORTANT NOTICE

You have the right to obtain a copy of the Petition from the Petitioner or at the Court. You have a right to object to this proceeding. To do so, you or your attorney must file a written appearance and objection at this Court before: 

10:00 a.m. on the return day of 08/28/2019.

This is NOT a hearing date, but a deadline by which you must file a written appearance and objection if you object to this proceeding. If you fail to file a timely written appearance and objection followed by an Affidavit of Objections within  thirty (30) days of the return day, action may be taken without further notice to you.

UNSUPERVISED ADMINISTRATION UNDER THE MASSACHUSETTS UNIFORM PROBATE CODE (MUPC)

A Personal Representative appointed under the MUPC in an unsupervised administration is not required to file an inventory or annual accounts with the Court.  Persons interested in the estate are entitled to notice regarding the administration directly from the Personal Representative and may petition the Court in any matter relating to the estate, including the distribution of assets and expenses of administration.

WITNESS, Hon. Arthur C Ryley, First Justice of this Court.

Date: August 07, 2019

Anastasia Welsh Perrino

Register of Probate

August 16, 2019


COMMONWEALTH OF MASSACHUSETTS

THE TRIAL COURT

PROBATE AND FAMILY COURT

Docket No. BA19C0089CA

In The Matter of: Amy Elizabeth Fealy

Of: East Sandwich , MA

Barnstable Probate and Family Court

3195 Main Street

PO Box 346

Barnstable, MA 02630

508-375-6710

CITATION ON PETITION TO CHANGE NAME

A Petition to Change Name of Adult has been filed by Amy Elizabeth Fealy of East Sandwich MA

requesting that the court enter a Decree changing their name to:

Amy Elizabeth Recker

IMPORTANT NOTICE

Any person may appear for purposes of objecting the petition by filing an appearance at:

Barnstable Probate and Family Court before 10:00 a.m. on the return day of 08/28/2019.

This is NOT a hearing date, but a deadline by which you must file a written appearance if you object to this proceeding.

Witness, Hon. Arthur C. Ryley, First Justice of this Court.

Date:  August  7, 2019

Anastasia Welsh Perrino

Register of Probate

August 16, 2019


NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE

Premises: 11 Galleon Drive, East Falmouth, Massachusetts

By virtue and in execution of the Power of Sale contained in a certain mortgage given by John A. Politano to Mortgage Electronic Registration Systems, Inc., as nominee for Bank of America, N.A., said mortgage dated August 26, 2009, and recorded in the Barnstable County Registry of Deeds, in Book 24023 at Page 83 and now held by PennyMac Loan Services, LLC  by virtue of an assignment from Mortgage Electronic Registration Systems, Inc., as nominee for Bank of America, N.A., to PennyMac Loan Services, LLC  dated February 26, 2016 and recorded March 21, 2016 in the Barnstable County Registry of Deeds in Book 29521 Page 126 for breach of the conditions in said mortgage and for the purpose of foreclosing the same, will be sold at Public Auction on September 9, 2019 at 11:00 AM Local Time upon the premises, all and singular the premises described in said mortgage, to wit:

ALL THAT PARCEL OF LAND IN THE TOWN OF FALMOUTH, BARNSTABLE COUNTY, COMMONWEALTH OF MASSACHUSETTS, AS MORE FULLY

DESCRIBED IN DEED BOOK 17978, PAGE 222, ID# 11-02-007-144, BEING KNOWN AND DESIGNATED AS LOT 144, BAYWOOD TERRACE, FILED IN PLAT BOOK 237, PAGE 51, RECORDED 03/02/1970.

BY FEE SIMPLE DEED FROM EDWIN THEIS JR AND NICOLLE L. THEIS AS SET FORTH IN BOOK 17978 PAGE 222 DATED 11/28/2003 AND RECORDED 11/28/2003, BARNSTABLE COUNTY RECORDS, COMMONWEALTH OF MASSACHUSETTS.

Tax/Parcel ID: 11-02-007-144

The description of the property that appears in the mortgage to be foreclosed shall control in the event of a typographical error in this publication.

For Mortgagors’ Title see deed dated November 28, 2003, and recorded in Book 17978 at Page 222 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.

FIVE THOUSAND ($5,000.00) Dollars of the purchase price must be paid by a 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 sixty (60) 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 PennyMac Loan Services, LLC 

Present Holder of the Mortgage

(860) 677-2868

August 16,23,30, 2019


COMMONWEALTH OF MASSACHUSETTS

THE TRIAL COURT

PROBATE AND FAMILY COURT

Docket No. BA19P1093EA

 Estate of:Brian Douglas Lemee

Date of Death: 05/25/2019

Barnstable Division

3195 Main Street

PO Box 346

Barnstable, MA 02630

508-375-6710

CITATION ON PETITION FOR FORMAL ADJUDICATION

To all interested persons:

A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by:

Janet Elaine Lemee of Pocasset MA

requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition. 

The Petitioner requests that:

Janet Elaine Lemee of Pocasset MA

be appointed as Personal Representative(s) of said estate to serve WITHOUT SURETY on the bond in an unsupervised administration. 

IMPORTANT NOTICE

You have the right to obtain a copy of the Petition from the Petitioner or at the Court. You have a right to object to this proceeding. To do so, you or your attorney must file a written appearance and objection at this Court before: 

10:00 a.m. on the return day of 09/10/2019.

This is NOT a hearing date, but a deadline by which you must file a written appearance and objection if you object to this proceeding. If you fail to file a timely written appearance and objection followed by an Affidavit of Objections within  thirty (30) days of the return day, action may be taken without further notice to you.

UNSUPERVISED ADMINISTRATION UNDER THE MASSACHUSETTS UNIFORM PROBATE CODE (MUPC)

A Personal Representative appointed under the MUPC in an unsupervised administration is not required to file an inventory or annual accounts with the Court.  Persons interested in the estate are entitled to notice regarding the administration directly from the Personal Representative and may petition the Court in any matter relating to the estate, including the distribution of assets and expenses of administration.

WITNESS, Hon. Arthur C Ryley, First Justice of this Court.

Date: August 12, 2019

Anastasia Welsh Perrino

August 16, 2019


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 Regina Anne Graham to Financial Freedom Senior Funding Corporation, a Subsidiary of IndyMac Bank, FSB, dated November 9, 2007 and recorded in the Barnstable County Registry of Deeds in Book 22473, Page 333, of which mortgage the undersigned is the present holder, by assignment from:

Financial Freedom Senior Funding Corporation to Mortgage Electronic Registration Systems, Inc., as nominee for Financial Freedom Acquisition LLC, its successors or assigns, recorded on October 2, 2009, in Book No. 24073, at Page 129 

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR FINANCIAL FREEDOM ACQUISITION LLC, ITS SUCCESSORS OR ASSIGNS to Bank of New York Mellon Trust Company, N.A. as Trustee for Mortgage Assets Management Series I Trust, recorded on April 19, 2019, in Book No. 31964, at Page 34 

for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at 3:00 PM on September 3, 2019, on the mortgaged premises located at 63 Cuttysark Road, East Falmouth (Falmouth), Barnstable County, Massachusetts, all and singular the premises described in said mortgage,

TO WIT:

the land with the buildings thereon, situated in that part of Falmouth, Barnstable County, Massachusetts called Acapesket shown as Lot 305A on a plan entitled: "Composite plan of Revisions to Plan of Land in Acapesket Falmouth, Mass. For Alland Development Corp." dated December 1, 1966 by Norman Grossman recorded with Barnstable Registry of Deeds, Plan Book 208, Page 49, and bounded and described as follows: NORTHERLY by Cuttysark Road one hundred and no/100 (100.00) feet; EASTERLY by Lot 306A as shown on said plan, one hundred and no/100 (100.00) feet; SOUTHERLY by a park area and Lot 310A as shown on said plan, one hundred and no/100 (100_00) feet; WESTERLY by Lot 304 as shown on said plan, one hundred and no/100 (100.00) feet; Containing approximately 10,000 square feet of land according to said plan. I, Regina Anne Graham, subordinate my rights declared in a Declaration of Homestead recorded with the Barnstable County Registry of Deeds in Book 3032, Page 314, to this mortgage and acknowledge that this mortgage is superior to my Declaration of Homestead as if this mortgage has been recorded prior in time to my Homestead. Being the same premises conveyed to William J. Graham and Regina Anne Graham by deed of S.D.C. Development Corporation, dated May 29, 1967, recorded with said Barnstable County Registry of Deeds in Book 1367, Page 415. See Estate Tax Release for William J. Graham, recorded with said Registry of Deeds in Book 5582, Page 350.

For mortgagor's(s') title see deed recorded with Barnstable County Registry of Deeds in Book 1367, Page 415.

These premises will be sold and conveyed subject to and with the benefit of all rights, rights of way, restrictions, easements, 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 priority over said mortgage, whether or not reference to such restrictions, easements, improvements, liens or encumbrances is made in the deed.

TERMS OF SALE:

A deposit of Five Thousand  ($5,000.00) 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 Harmon Law Offices, P.C., 150 California St., Newton, Massachusetts 02458, or by mail to P.O. Box 610389, Newton Highlands, Massachusetts 02461-0389, within thirty (30) days from the date of sale.  Deed will be provided to purchaser for recording upon receipt in full of the purchase price.  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.

BANK OF NEW YORK MELLON TRUST COMPANY, N.A. AS TRUSTEE FOR MORTGAGE ASSETS MANAGEMENT SERIES I TRUST

Present holder of said mortgage

By its Attorneys,

HARMON LAW OFFICES, P.C.

150 California St.

Newton, MA 02458

(617)558-0500

15684

August 2,9,16, 2019


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 Maria Santos aka May R. Santos to World Savings Bank, FSB, dated November 29, 2007 and recorded with the Barnstable County Registry of Deeds at Book 22517, Page 222, subsequently assigned to MTGLQ Investors, L.P. by Wells Fargo Bank, N.A., S/B/M Wells Fargo Bank Southwest, N.A., F/K/A Wachovia Mortgage, FSB, F/K/A World Savings Bank, FSB by assignment recorded in said Barnstable County Registry of Deeds at Book 31871, Page 288, subsequently assigned to U.S. Bank Trust National Association as trustee of Chalet Series III Trust by MTGLQ Investors, L.P. by assignment recorded in said Barnstable County Registry of Deeds at Book 31983, Page 301 for breach of the conditions of said Mortgage and for the purpose of foreclosing same will be sold at Public Auction at 2:00 PM on August 30, 2019 at 81 Sandwich Road, Falmouth, MA, all and singular the premises described in said Mortgage, to wit:

A certain parcel of land situated in that part of the Town of Falmouth, Barnstable County, Massachusetts, known as TeaTicket, on the Easterly side of Sandwich Road, bounded and described as follows: WESTERLY: on Sandwich Road, 100 feet, more or less; NORTHERLY: by land now or formerly of Regina G. Pina, 432 feet, more or less; EASTERLY: by land of Anna Montieiro, 100 feet, more or less, and SOUTHERLY: by land of Anna Montieiro, 432 feet, more or less. Property Address: 81 Sandwich Road, Falmouth, MA Being the same premises conveyed to John Santos and Maria R. Santos (a.k.a. May R. Santos) by Vasco Montieiro by deed dated August 16, 1972 in Book 1706, Page 234 and recorded with the Barnstable County Registry of Deeds.

The premises are to be sold subject to and with the benefit of all easements, restrictions, encroachments, building and zoning laws, liens, unpaid taxes, tax titles, water bills, municipal liens and assessments, rights of tenants and parties in possession, and attorney’s fees and costs.

TERMS OF SALE:

A deposit of FIVE THOUSAND DOLLARS AND 00 CENTS ($5,000.00) in the form of a certified check, bank treasurer’s check or money order 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 price 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 the 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 entitled only to a return of the deposit paid. The purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee’s attorney. The description of the premises 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.

U.S. Bank Trust National Association as trustee of Chalet Series III Trust 

Present Holder of said Mortgage, 

By Its Attorneys,

ORLANS PC

PO Box 540540

Waltham, MA 02454

Phone: (781) 790-7800

15-011166

August 9,16,23, 2019


LEGAL NOTICE

MORTGAGEE'S SALE OF REAL ESTATE

By virtue of and in execution of the Power of Sale contained in a certain mortgage given by Marcy L. Fasano to Mortgage Security, Inc., dated April 13, 2009 and recorded in Barnstable County Registry of Deeds in Book 23680, Page 166 (the “Mortgage”),  of which mortgage Rushmore Loan Management Services, LLC is the present holder by a Land Court Judgment dated January 2, 2018, and recorded at said Registry of Deeds in Book 31123, Page 58, which equitably assigns the mortgage to Federal National Mortgage Association and assignment from Fannie Mae* to Rushmore Loan Management Services, LLC dated October 16, 2018 recorded in Barnstable County Registry of Deeds in Book 31600, Page 30, for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at Unit No.16, Building F, of the Falmouth West Condominium, 850 West Falmouth Highway, West Falmouth (Falmouth), MA 02574 will be sold at a Public Auction at 11:00 AM on August 28, 2019, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit:

*Fannie Mae is also known as Federal National Mortgage Association

Unit 16 (the Unit") of Falmouth West Condominium (the "Condominium"), a condominium established by the grantor pursuant to Chapter 183A of the Massachusetts General Laws, by Master Deed dated December 18, 2001 recorded in the Barnstable County Registry of Deeds Book 14601 Page 304 (the "Master Deed") as amended.  Said Unit 16 is conveyed with a 6.967% undivided interest in the common areas and facilities of the Condominium, and in the organization of unit owners through which the Condominium is managed and regulated (the Falmouth West Condominium Trust established by the Declaration of Trusted dated December 18, 2001, recorded in the Barnstable County Registry of Deeds Book 14602 Page 1) all as described in the Master Deed.  See Sixth Amendment to the Master Deed Recorded herewith.

The Unit is described in the Master Deed and is located in Building F as shown on the plan entitled "Condominium Site Plan Phase V" dated November 24, 2008, recorded in Barnstable County Registry of Deeds, in Plan Book 629 Page 021 and shown on the plan entitled "Floor Plan for Building "F", Units 15 arid 16 prepared for Falmouth West Condominium in West Falmouth MA" dated March 11, 2009, recorded in the Barnstable County Registry of Deeds, in Plan Book 629 Page 022.  There is attached hereto a copy of said Floor Plan which shows the Unit being conveyed, which copy bears the certified statement of a registered engineer required by Section 9 of said Chapter 183A. The Unit Is located on the Condominium property at 850 West Falmouth Highway, West Falmouth, MA 02574.

The Unit is conveyed subject to and with the benefit of such easements, restrictions, retained rights and reservations as are set forth in the Master Deed or otherwise of record, including without limitation (1) the exclusive right to use such parking space as shall from time to time be assigned to said Unit, and (2) the exclusive right to use a deck and certain storage area adjacent to said Unit, as described in the Master Deed.  The rights retained by the Grantor as Declarant of the Condominium include rights to develop additional buildings and an addition to an existing unit, and, with respect thereto, to amend the Master Deed, including the Schedule of Beneficial Interests, all as set forth in the Master Deed.  There is attached hereto a copy of Section 13 of the Master Deed, stating the use for which the Unit is intended and the restrictions on its use.

For Title Reference, See Deed Recorded Herewith.

For mortgagor’s title see deed recorded with the Barnstable County Registry of Deeds in Book 23680, Page 164.  

  

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 encumbrances 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 of the 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 by certified check in thirty (30) days from the date of the sale at the offices of mortgagee's attorney, Korde & Associates, P.C., 900 Chelmsford Street, Suite 3102, Lowell, MA 01851 or such other time as may be designated by mortgagee.   The description for the premises contained in said mortgage shall control in the event of a typographical error in this publication.

Other terms to be announced at the sale.

Rushmore Loan Management Services, LLC

Korde & Associates, P.C.

900 Chelmsford Street

Suite 3102

Lowell, MA 01851

(978) 256-1500

Fasano, Marcy L., 15-022120

August 2,9,16, 2019

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