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| Aug 14th, 2008 | Home | Banner This Week | Electronic Edition |
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Including: EASTHAM | PROVINCETOWN | TRURO | - SEAL- COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. SUPERIOR COURT No. 08-526 CARL V. BUCCILLI, et al, TRUSTEES OF SIX HOLWAY AVENUE REALTY TRUST VS. HEIRS OF MANUEL P. MORRELL a/k/a MANUEL P. MORRILL et al ORDER OF NOTICE BY PUBLICATION TO ALL WHOM IT MAY CONCERN, and to the HEIRS OF MANUEL P. MORRELL a/k/a MANUEL P. MORRILL, PHILLIP MORRILL, JOSEPH MORRILL, MANUEL MORRILL, JOHN MORRILL, AGNES MORRILL MEDEIROS, MARY FRANCIS, ANTONE MORRILL, LUCY NEVES, or their heirs, legal representatives, or such persons as shall become their heirs, devisees, or appointees; or any persons claiming under them and to persons unknown; DEFENDANTS WHEREAS an action has been presented to said Court by CARL V. BUCCILLI and EDWARD H. FOLEY, both Trustees of the Six Holway Avenue Realty Trust, both of Provincetown, Barnstable County, Massachusetts, PLAINTIFFS, under the provisions of General Laws (Ter. Ed.), Chapter 240, Section 6 to 10 inclusive, to quiet or establish and confirm title to land in Provincetown, Barnstable County, Massachusetts, being conveyed to said plaintiffs by deed of SHERMAN A. MERRILL and OLIVIA M. MERRILL, dated May 29, 2008, and recorded in Barnstable County Registry of Deeds in Book 22947, Page 270. WE COMMAND YOU if you claim or may claim by purchase, descent or otherwise any right, title, interest, or estate in said land which is the subject of said action and if you intend to make any defense, that on the twenty-second day of September next, which day is the return day of this notice, or within such further time as the law allows, you do cause your written appearance to be filed in the office of the Clerk of said Court at Barnstable and further that you defend against such action according to law, if you intend to make any defense, and that you do receive what the Court shall order and adjudge therein; AND IT APPEARING to the Court by suggestion of the plaintiff that there may be persons unascertained, not in being, unknown or who cannot be served with process or made personally amenable to the judgment of the Court; IT IS ORDERED by the Court, that the plaintiff give notice to the defendants by causing an attested copy of this order to be published three times in different weeks in the PROVINCETOWN BANNER AND THE ADVOCATE a newspaper published in Provincetown, in said County, and by posting a copy of this order on the premises and in the Barnstable County Registry of Deeds, such publication and posting to be completed not later than twenty days before said twenty-second day of September next. Hereof fail not, at your peril, as otherwise said action may be ordered and adjudged, and judgment entered therein in your absence. Witness, BARBARA J. ROUSE, Esquire, at Barnstable, the twenty-second day of July, 2008. Scott W. Nickerson, Clerk-Magistrate /s/ John S. Dale _____________________________ 1st Assistant Clerk A true copy, Attest: /s/ John S. Dale 1st Asst Clerk HEARING NOTICE CAPE COD COMMISSION & ENVIRONMENTAL REVIEW The Cape Cod Commission will conduct a public hearing on Thursday, August 14, 2008 beginning at 2:00 p.m. at the Wellfleet Senior Center/Council on Aging, 715 Old King1s Highway, Wellfleet, MA. This development will be reviewed pursuant to Sections 12(i) and 13(b) of the Cape Cod Commission Act and pursuant to the Massachusetts Environmental Policy Act ("MEPA", G.L. c.30, secs. 61, 62-62H) for joint review by the Commission and State Executive Office of Energy and Environmental Affairs, MEPA unit. An Environmental Impact Report is anticipated and is being scoped for the project. The purpose of this hearing/scoping session will be to hear comments on the project and gather information for the joint Commission Development of Regional Impact (DRI)/MEPA review. This notice is being published as required by Section 5 of the Cape Cod Commission Act and MEPA regulations. Project Name: Herring River Tidal Restoration Project Project Applicant: Herring River Restoration Committee (including towns of Wellfleet and Truro, MA) Project Location: Herring River watershed located within Wellfleet and Truro, MA and the Cape Cod National Seashore Project Description: Proposed reestablishment of tidal flow to the 1,100-acre Herring River estuary and floodplain. Proposed restoration actions include reconfiguration of the Chequessett Neck Road dike, replacement of additional upstream culverts, additional upstream tidal control structures, and mitigation to low-lying roadways, structures, and private properties. Anyone wishing to testify orally will be welcome to do so. Written comments may also be submitted at the hearing, or delivered or mailed to the Cape Cod Commission, P.O. Box 226, 3225 Main Street, Barnstable, MA 02630 for receipt on or before the date of the hearing or until the record is closed. The relevant documents may be viewed by calling the Commission office at (508)362-3828 to schedule an appointment between the hours of 8:30 a.m. and 4:30 p.m. Written comments may also be submitted to MEPA Unit, Secretary, Executive Office of Environmental Affairs, 100 Cambridge Street, Suite 900, Boston, MA 02114. If you need a reasonable accommodation, please let us know by August 8, 2008. Please call for more information and to make your request. 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 Richard Bredon to Mortgage Electronic Registration Systems, Inc., dated May 15, 2006 and recorded with the Barnstable County Registry of Deeds at Book 21006, Page 72, of which mortgage IndyMac Bank F.S.B. 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 5:00 p.m. on September 4, 2008, on the mortgaged premises located at 29 Alden Street, Unit #5, Cape End Harbor Condominium, Provincetown, Barnstable County, Massachusetts, all and singular the premises described in said mortgage, TO WIT: UNIT #5 of Cape End Harbor Condominium (''the Condominium'') created by Master Deed (the ''Master Deed'') dated May 11, 2006 and recorded with the Barnstable Registry of Deeds on May 11, 2006 in Book 20990, Page 86 Which unit is shown on the floor plans (''Plans'') recorded in the Barnstable County Registry of Deeds in Plan Book608, Pages 91-93, and which unit is also shown on the copy of a portion of the Plans attached to this unit deed, to which is affixed the verified statement of a registered land surveyor in the form required by Section 9 of Massachusetts General Laws, Chapter 183A. The Unit is conveyed together with a seventeen (17%) percent interest (a) in the common areas and facilities of the Condominium as described in the Master Deed and (b) in the Off Front Street Condominium Trust as shown on a plan entitled ''Master Site Plan: Off Front Street Condominium, Provincetown, Mass. Prepared for Cassandra Benson, scale 1'' =10' dated March 1, 2006, by Slade Associates Registered Land Surveyor, Rte.6 & Pine Pt. Rd., Welifleet, MA 20667 and recorded with the Master Deed. The Grantee acquires the Unit with the benefit of and subject to the provisions of Massachusetts General Laws, Chapter 183A, relating to the condominiums as that statute is written as of the date hereof, the Master Deed, the Condominium Trust and the By-Laws therein contained and any rules and regulations from time to time adopted thereunder and all matters of record stated or referred to in the Master Deed as completely as if each were fully set forth herein; and subject to real estate taxes attributable to the Unit which are not yet due and payable. Unit # 5 is granted the exclusive use of a parking space as noted on the above noted plan. For mortgagor's(s') title see deed recorded with Barnstable County Registry of Deeds in Book 21006, Page 69. 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 Street, 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. INDYMAC BANK F.S.B. Present holder of said mortgage By its Attorneys, HARMON LAW OFFICES, P.C. 150 California Street Newton, MA 02458 (617) 558-0500 200802-0442 - PRP PROVINCETOWN Public Hearing Change name of Bradford Street Ext. to West Bradford Street The Provincetown Board of Selectmen will hold a Public Hearing on Monday, August 25, 2008 at 6:00 PM in the Judge Welsh Hearing Room, Town Hall, 260 Commercial Street, Provincetown, MA to hear comments from the public on changing the "street name only" of Bradford Street Extension to "West Bradford Street". Comments may be made in writing and sent to the Board of Selectmen, Town Hall, 260 Commercial Street, Provincetown, MA 02657, by Monday, August 18, 2008, or in person at the hearing. Michele Couture Chairman, Board of Selectmen Provincetown Banner: July 31 and August 7, 2008 Public Hearing Special Entertainment/Special Liquor License The Provincetown Licensing Board will hold a Public Hearing at 5:15 p.m. on Tuesday, August 26, 2008, in the Judge Welsh Hearing Room, Town Hall, 260 Commercial Street to hear a petition for a Special Entertainment License and a Special All Alcoholic Beverages License from Pat Fecher, representing ASGCC for events to be held at The Fisherman's Wharf on Saturday, August 30, 2008 from 4pm until 9pm. No rain date requested. Cass Benson Chairman, Licensing Board Provincetown Banner: August 7 and 14, 2008 Public Notice Annual Town-wide Policy Goals for FY 2009 The Provincetown Board of Selectmen held a public hearing on Monday, July 28, 2008 at 5:30 p.m. in the Judge Welsh Hearing Room, Provincetown Town Hall, 260 Commercial Street, and then and there voted to adopt the following annual Town-wide policy goals for Fiscal Year 2009: 1) Fiscal Management: Continuing to focus on the recommendations made by the Massachusetts Department of Revenue in its report issued in April 2008 to the Board of Selectmen, it is a high priority to address these comments with precision and clarity. The Town Manager continues to hold bi-weekly meetings with the Finance Department staff to ensure strong communication while meeting expected timeline goals. An efficient process of accountability on all staff levels continues to take precedence and periodic checks are in place. This includes providing a concrete understanding of fiscal policy goals and developing a 5 year fiscal policy plan, while continuing to work with the Department of Revenue in the execution and completion of their recommendations. Continue the process of addressing outstanding record keeping practices and audit findings with emphasis on Cash Reconciliation and Capital Projects Accounts. Continue the work to meet the Department of Revenue required dates for submission of Schedule A, Tax Recap Sheet, Cash Reconciliation, Balance Sheet and Free Cash Certification while following the specific course of action required by the Department of Revenue. Commit to meet quarterly with the Finance Committee and continue the dialog between the Board of Selectmen, School Committee and Finance Committee. Research and assess alternative sources of revenue to supplement the real estate tax revenue stream, including the pursuit of a meal tax and a fair room tax rate. Develop the budget in a fiscally responsible manner to address the needs of Town Government, while meeting specific deadlines requested by the Finance Department. In working toward the goal of financial stability it is important to adhere to the mandated deposit into a stabilization fund. 2) Town Hall Restoration: Saving Provincetown's historic, esteemed Town Hall is not only a goal but a visionary requirement for all citizens. This 120 year old structure is deemed unsafe and in need of major repair. Any additional delays in repairing and restoring Town Hall can no longer be justified. Thus a systematic approach to restoration including structural repair as well as space planning for efficiency will continue to develop. While grant funding is scarce in today's economy, continuing to be creative in the pursuit of the maximum amount of grants is paramount to the success of this project. Continuing to relocate Town Hall staff while providing the most efficient, cost effective approach to service the needs of the community is a priority. The largest business in Town, that of local government, will prevail, until the heart of the Town is repaired and reestablished. 3) Affordable Housing: Continue to work with the Provincetown Community Housing Council (PCHC) in the creation of a Housing Office to address fundraising and grant opportunities while employing a Housing Officer to direct this program. Institute quarterly meetings of the Board of Selectmen with the Provincetown Community Housing Council in order to share information and communicate initiatives. Follow through and award a bid to one of the two respondents of the 90 Shankpainter Road affordable rental housing proposal. Develop a plan for construction and management of this site. 4) Water Management Plan: The Pamet Lens Aquifer, an aquifer located in the Town of Truro, is the sole source provider of potable water for the Provincetown water system, a public water system serving all of Provincetown and parts of Truro a Watershed Management Plan is an integral land use guiding document. Continue to work with Truro officials and the Cape Cod Commission in order to finalize the draft Watershed Management Plan of the Pamet Groundwater Lens, an important source of drinking water serving both Provincetown and the Town of Truro. Continue system improvements on both the supply side and distribution system. 5) Town Facilities Action Plan: Continue with the design, construction and opening of public rest room facilities at Fire House #2 while maximizing use of other town owned buildings. Transition the office of the Tourism Director into the ground floor of the Freeman Street Building while creating a visitor center at this location in the absence of the Town Hall lobby area during renovation. Continue to explore expanded uses for the Community Center while taking advantage of space needs for various offices relocating out of Town Hall. Utilize the Provincetown Public Schools, the Provincetown Public Library and the Grace Gouveia Building for public meeting space of various Town Boards and Committees while Town Hall is closed. 6) Wastewater: Continue with flow optimization for Phase I Wastewater to include the pursuit of all options that would allow additional connections for Economic Development through Growth Management and additional connections for those properties with Administrative Consent Orders. To provide additional flow at a low investment cost while bringing a higher level of financial efficiency to this system in an effort to offer rate relief to users. 7) Alternative Energy: Continue to support and encourage the Recycling and Renewable Energy Committee in their pursuit for sources of alternative energy and grant funding. To determine which town buildings are suitable for solar or wind generators as a long term energy savings goal. Work with state and regional groups in the acquisition of alternative energy sources. 8) Harbor Plan: The Department of Environmental Protection utilizes a Harbor Plan for direction when making decisions on individual Chapter 91 licenses in the attempt to provide public benefit when private property has encroached on public tidelands. The Harbor Committee is chartered to review and update the plan. Finalize an updated Harbor Plan for approval by state officials and Town Meeting 2009 voters. 9) Storm Drain Repairs: The harbor side drainage assessment was completed in 2003 reflecting that the town has 25 outfall pipes that directly discharge into the harbor. It is necessary to pursue the availability of grants and other funding mechanisms in order to continue the process of completing a major drain rehabilitation project each year. 10) Paving of Commercial Street: Continue to pursue solutions for the repaving and reconstruction of Commercial Street. 11) Cape Cod National Seashore: Succinctly communicate with CCNS Superintendent in order to find common ground for partnering of a shared garage facility. Work and support efforts of CCNS to improve highway access, directional signage and other vehicular traffic related issues affecting citizens and visitors to Provincetown. Support and respect the efforts of the Dune Shack dwellers of the Peaked Hill Bars Historic District to validate their plea for recognition as a traditional, historic and cultural community. Michele Couture, Chairman, Board of Selectmen Provincetown Banner: August 7 and 14, 2008 Public Notice Changes to Parking Regulations At their public meeting on Monday, July 28, 2008 Provincetown Board of Selectmen voted to amend their motion and vote of Monday, April 14, 2008 to read as follows: "As of July 29, 2008, any resident who has a vehicle that is registered in the Town of Provincetown and pays vehicle excise taxes to the Town of Provincetown and who has a valid drivers license is eligible to purchase a residential parking sticker". Michele Couture, Chairman, Board of Selectmen Provincetown Banner: August 7, 2008 Request for Proposals Modular Office Space for Temporary Relocation of Town Hall Offices The Town of Provincetown invites proposals from qualified modular building manufacturers and contractors for the erection and lease of temporary Town Hall facilities to be located at the Jerome Smith municipal parking lot. The objective of the RFP is to relocate the Provincetown Town Hall to temporary office facilities during a period of a minimum of two years while the Town Hall building is undergoing renovations. As part of this project, the successful applicant will prepare final plans, specifications and other bid documents; and provide updated project cost estimates based on the final plans and specifications. Proposal Submission Deadline - Friday, August 22, 2008 at 4:00 p.m. Five copies plus an original proposal are due by Friday, August 22, 2008 at 4:00 p.m. to the Town Manager/Chief Procurement Officer, Town of Provincetown, Town Hall, 260 Commercial St., Provincetown, Massachusetts, 02657. For more information, please contact Building Commissioner Russell Braun at (508) 487-7000 ext. 530 or by email at rbraun@provincetown-ma.gov. Interviews: The Town, at its own discretion, may elect to interview some or all of the Firms providing proposals. Firms selected will be interviewed between September 2 and September 4, 2008 by arrangement with the Town Manager. General Proposal Requirements The successful proposer shall comply with all applicable federal, state and local laws and regulations. Purchases made by the Town are exempt from taxes and bids must exclude any taxes. Tax Certificates will be provided upon request. Verbal orders are not binding on the Town and work done without form Purchase Order or Contract are at the risk of the Seller or Contractor and may result in an unenforceable claim. All words, signatures and figures submitted on the bid shall be in blue ink. Proposals which are conditional, obscure or which contain additions not called for in the specifications, erasure, alteration or irregularities may be rejected. The Town of Provincetown reserves the right to reject all proposals, to waive technicalities, to advertise for new proposals, and to make awards as may be in the best interest of the Town. The contract or contracts shall be prepared and awarded by the town within thirty (30) business days after opening proposals. Reports and materials developed by the successful proposer after awards are made and submitted to the Town of Provincetown are considered public information and cannot be copyrighted. All proposals become the property of the Town. The Town has the right to disclose information contained in the proposals once awards have been made. "In accordance with Federal Law and US Department of Agriculture policy, this institution is prohibited from discriminating on the basic of race, color, national origin, sex, age or disability." (Not all prohibited bases apply to all programs). The Town of Provincetown Reserves the right to reject any or all proposals, or any alternate proposal when it is in its best interest to do so. Sharon Lynn, Town Manager Provincetown Banner: August 7 and 14, 2008
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 Aug 14th, 2008 |
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