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| Aug 19th, 2010 | Home | Electronic Edition |
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----------------------------------- LG Mortgage MORTGAGEE'S SALE OF REAL ESTATE
By virtue and in execution of the Power of Sale contained in a certain mortgage given by Richard D. Smith, Jr. to "MERS", Mortgage Electronic Registration Systems, Inc., a separate corporation that is acting solely as nominee for "Lender"; RBC Mortgage Company and its successors and assigns dated December 7, 2004 and recorded with the Barnstable County Registry of Deeds, in Book 19341, Page 182, 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 1:00 PM, on September 10, 2010, on the premises known as Unit No. 4 of the Bay Beach Townhomes Condominium 544 Shore Road, Truro, Massachusetts, the premises described in said mortgage, together with all the rights, easements, and appurtenances thereto, to wit:
The unit ("unit") known as No. 4 in the Bay Beach Townhouse Condominium, a condominium ("Condominium") established pursuant to Massachusetts General Laws, Chapter 183A, by Master Deed dated March 1, 2002 recorded with the Barnstable County Registry of Deeds on March 6, 2002 in Book 14896, Page 137, as amended (Master Deed"), which Unit is shown on the floor plans ("Plans") of the Buildings recorded simultaneously with the Master Deed, or Phasing Amendment thereto, to which is affixed the verified statement of a registered architect in the form required by Section 9 of Chapter 183A.
UNIT Address: 544 Shore Road, Truro, MA
The Unit is conveyed together with:
An undivided interest of 10% in the Common areas and facilities ("Common Areas") of the Condominium described in Master Deed, attributable to the Unit. An exclusive right to use the limited Common Areas appurtenant to the Unit as Described in the Master Deed, including, without limitation, the right to use basement room and other areas, as recited in Section 5.C of the Master Deed. An easement for the continuance of all encroachments by the Unit on any adjoining units or Common Elements existing as a result of construction of the Building, or which may come into existence hereafter as a result of settling or shifting of the Building or as a result of repair or restoration of the Building or of the Unit after damage or destruction or by fire or other casualty, or after a taking in condemnation or eminent domain proceeding, or by reason of an alteration or repair to the Common Elements made by or with the consent of the Trustees. An easement in common with the owners of the other units to use any pipes, wires, ducts, flues, conduits, public utility lines, and other Common Elements located in any of the other units or elsewhere in the Condominium and serving the Unit. The Grantor's right with respect to the four (4) boat moorings in the water on or bordering the Common Elements. Rights and easements in common with other Unit owners as described in the Master Deed.
Said Unit is conveyed subject to:
Easement in favor of adjoining units and in favor of the Common Elements for the continuance of all encroachments of such adjoining units or Common Elements on the Unit now existing as a result of construction of the Building, or which may come into existence hereafter as a result of settling or shifting of the building, or as a result of repair or restoration of the Building or of any adjoining unit or of the Common Elements after damage or destruction by fire or other casualty, or after a taking in condemnation or eminent domain proceedings, or by reason of an alteration or repair to the Common Elements made by or with the consent of the Trustees. An easement in favor of the other units to use the pipes, wires, ducts, flues, conduits, cables, public utility lines, and other Common Elements located in the Unit or elsewhere in the Condominium and serving such other Units. The provisions of the Unit Deed, the Master Deed, including without limitation the restrictions on use contained in Section 6 of the Master Deed, the Declaration of Trust and the Plan, as the same may be amended from time to time by instrument recorded with the Registry of Deeds, which provisions, together with any amendments thereto shall bind any person having at any time any interest or estate in the Unit, his family, servants and visitors, as though such provisions were recited and stipulated at length herein. All easement, agreements, restrictions and conditions of record, insofar, as the same are not in force and applicable. The Unit is intended for residential purpose, and related uses allowed by the Town of Truro Zoning By-Law.
For my title see Deed recorded immediately prior hereto.
Terms of 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, if applicable, federal tax liens, partition wall 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 all state and county deeds excise 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 of the sale, to be deposited in escrow with Guaetta and Benson, LLC, at 229 Billerica Road, Chelmsford, Massachusetts.
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 highest bidder or, thereafter, to the next highest bidders, 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
Bank of New York Mellon as Trustee for the Certificate Holders CWMBS, Inc. CHL Mortgage Pass-Through Trust 2005-HYB3 Mortgage Pass-Through Certificates, Series 2005-HYB3 by its Attorneys Guaetta and Benson, LLC Peter V. Guaetta, Esquire P.O. Box 519 Chelmsford, MA 01824
Provincetown Banner August 19 and 26 and Sept. 2, 2010 AD #12321514 ----------------------------------- LG Mortgage COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT
To: Case No. 414111 Melanie J. Kewachuk
and to all persons entitled to the benefit of the Servicemembers Civil Relief Act:
JPMorgan Chase Bank, National Association, Successor in interest from the Federal Deposit Insurance Corporation, as Receiver for Washington Mutual Bank f/k/a Washington Mutual Bank F.A. claiming to be the holder of mortgage covering real property in Truro, numbered 8 March Hawk Trace given by Melanie J. Kewachuk to Washington Mutual Bank F.A. dated March 15, 2004, recorded in the Barnstable County Registry of Deeds in Book 18335, Page 217
has filed with said court a complaint for authority to foreclose said mortgage in the manner following: by entry and possession and exercise of power of sale.
If you are entitled to the benefits of the Servicemembers Civil Relief Act and you object to such foreclosure you or your attorney should file a written appearance and answer in said Court at Boston on or before September 20, 2010
or you may be forever barred from claiming that such foreclosure is invalid under said act.
Witness, Karyn F. Scheier, Chief Justice of said Court on August 10, 2010.
Deborah J. Patterson Recorder 2139-3340-909F
Provincetown Banner August 19, 2010 AD #12321876 ----------------------------------- LG Mortgage 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 John E. O'Brien to Mortgage Electronic Registration Systems, Inc., dated January 11, 2008 and recorded with the Barnstable County Registry of Deeds at Book 22602, Page 38, of which mortgage Wells Fargo Bank, NA 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 12:00 p.m. on September 2, 2010, on the mortgaged premises located at 1 Holway Avenue, Unit 1, Holway Avenue Condominium, Provincetown, Barnstable County, Massachusetts, all and singular the premises described in said mortgage,
TO WIT: The Unit known as Unit #1 in the 1 Holway Avenue Condominium (the ''Condominium''), located in the building known and numbered as 1 Holway Avenue, Provincetown, County of Barnstable, Massachusetts, a condominium established by the Grantor pursuant to Chapter 183A of the Massachusetts General Laws (''Chapter 183A'') by Master Deed (the ''Master Deed''), dated August 29, 1988, and recorded with the Barnstable County Registry of Deeds in Book #6421, Page #338. The Unit is shown on the floor plans (the Floor Plans) of the Building attached to the Master Deed to which Is affixed the verified statement of a registered architect in the form required by Section 8 of Chapter 183A and to which a copy of said floor plans is filed herewith, as this deed is the first unit deed conveyed from the Condominium, pursuant to Section 9 of Chapter 183A. The Unit contains approximately 1,145 Square Feet
The Unit is to be used only for residential purposes.
1. The Unit is conveyed together with and subject to:
(a) a Seventy-five percent (75%) interest in the common areas and facilities of the Condominium described in. the Master Deed, attributable to the Unit,; (b) rights, easements, restrictions and agreements described in the Master Deed, as any of the same may be amended from time to time pursuant to the provisions thereof; (c) all other rights, easements, restrictions, agreements, interests and provisions contained in the Master Deed, the Declaration of Trust and the Rules and Regulations, as any of the same may be amended from time to time pursuant to the provisions thereof; (d) the provisions of Chapter 183A, as the same may be amended from time to time; and (e) the matters, if any, affecting title to the Condominium as described in Exhibit A to the Master Deed. If) real estate taxes assessed against the Condominium which are not yet due and payable.
Except as othervvise specifically provided herein, all rights, easements, agreements, restrictions, provisions and interests recited above shall constitute covenants running with the Land and shall inure to the benefit of or bind, as the case may be, any person having at any time any interest or estate in the Unit, his agents, employees, licensees, visitors and lessees, as though the same were fully set forth herein.
For mortgagor's(s') title see deed recorded with Barnstable County Registry of Deeds in Book 21245, Page 329.
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 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 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.
Wells Fargo Bank, NA Present holder of said mortgage
By its Attorneys, HARMON LAW OFFICES, P.C. 150 California Street Newton, MA 02458 (617) 558-0500 200903-1800 - YEL
Provincetown Banner August 5 and 12 and 19, 2010 AD #12311259 ----------------------------------- LG Mortgage 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 Ronald E. Casey to National City Mortgage, a division of National City Bank of Indiana, dated October 12, 2005 and recorded with the Barnstable County Registry of Deeds at Book 20392, Page 51, of which mortgage PNC Mortgage, a division of PNC Bank, N.A. successor by merger to National City Mortgage, a division of National City Bank f/k/a National City Bank of Indiana 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 4:00 p.m. on September 16, 2010, on the mortgaged premises located at 82 Shore Road, Unit 7, Salt Air Cottages Condo-minium, Truro, Barnstable County, Massachusetts, all and singular the premises described in said mortgage,
TO WIT: THE DWELLING UNIT DESIGNATED UNIT NO. 7 OF THE SALT AIR COTTAGES CONDOMINIUM, A CONDOMINIUM SITUATED AT 82 SHORE ROAD, TRURO, BARNSTABLE COUNTY, MASSACHUSETTS, SAID CONDOMINIUM HAVING BEEN CREATED BY MASTER DEED DATED JULY 1, 1983, AND RECORDED WITH BARNSTABLE COUNTY REGISTRY OF DEED IN BOOK 3795, PAGE 231, IN ACCORDANCE WITH AND SUBJECT TO THE PROVISION OF CHAPTER 183A OF THE GENERAL LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, SAID UNIT IS CONVEYED TOGETHER WITH THE FOLLOWING PERCENTAGE OF UNDIVIDED INTEREST IN THE COMMON AREAS AND FACILTITES: UNIT 7: 4.6 PERCENTAGE INTEREST. THE SAID SALT AIR COTTAGES CONDOMINIUM IS COMPRISED OF THE LAND WITH THE BUILDINGS, IMPROVEMENTS AND STRUCTURES THEREON SHOWN ON PLANS RECORDED IN PLAN BOOK 374, PAGE 80-84, INCLUDING THE FLOOR PLAN OF UNIT 7. . For mortgagor's(s') title see deed recorded with Barnstable County Registry of Deeds in Book 18794, Page 252.
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.
PNC Mortgage, a division of PNC Bank, N.A. successor by merger to National City Mortgage, a division of National City Bank f/k/a National City Bank of Indiana Present holder of said mortgage
By its Attorneys, HARMON LAW OFFICES, P.C. 150 California Street Newton, MA 02458 (617) 558-0500 201003-2161 - BLU
Provincetown Banner August 19 and 26 and Sept. 2, 2010 AD #12322184 -----------------------------------LG Provincetown Building Permits Applied for during the period ending 07-31-10
G. Bruce Head, III/ Andrew Parkington Building and Remodeling; 4 Atwood Avenue; demolition and new construction (7th Edition), kitchen, living room on 1st floor, bdrm. and bath on 2nd floor.
Provincetown Pilgrim Monument/American Tent and Table, Inc; 1 High Pole Hill Road; erect temporary 15' X 20' and 40' X 60' tents on 07-23-10 and removed on 07-26-10
Barbara Fortier/Platinum Building and Remodeling; 142 Commercial Street; addendum to extend roof top deck to end of bldg. toward the street with Azek decking as per HDC approval
Vernon Brown/Lower Cape Construction; 4 Race Road; construct a 2 unit bldg. where cottage used to be
J. Bradley Jeffreys/Undercover Tent; 30 Conant Street; erect temporary tents 30' X 30'; 10' X 15' on 07-15-10 and removed on 07-19-10
James Guscillio and Jeff Yurk/Grandel Construction; 172 Bradford Street; remove and replace roof shingles, siding, and windows
Hakan Sjoo; 27 Conant Street; construct two-story addition per ZBA approval
Suzanne Ingraham; 35 Pleasant Street; replace 7 windows in kind
Leslie McGrath/James McGrath; 73B Howland Street; build a 12' X 12' screened in porch same footprint as existing deck which is to be removed (structurally not sound) porch to be attached to the house
Edward "Ted" Malone/CHR Inc, Development;4.2 Meadow Road; construct dormer on south facing back of bldg. to accommodate a 1/2 bath in 3rd floor den. Dormer size is 7'6" X 4'6"
Ben DeRuyter/Provincetown Woodworks; 237-241 Commercial Street; enlarge existing opening in non-structural wall
David Bowd and Kevin O'Shea/Nickerson Home Improvement; 157 Commercial Street; interior renovations
David McMahon; 9 Whorf's Court; project will include slight re-location of the existing 1/2 Cape structure onto a new foundation with a brick veneer exterior. Structure will be restored with a new shingle roof; existing 'L' extension at the rear of the 1/2 Cape is to be demolished and within the bounds of this pre-existing non-conforming set-back a new one story structure will be built; structure will be a continuation of the 1st floor of the 1/2 Cape to a new 2 story structure with a head house. A new basement garage and storage area will be contiguous with the foundation of the 1/2 Cape
Deborah Bowles/Cape Associates; 506 Commercial Street; remove and replace one rear facing window
Maurice Leblanc/Cape Associates; 27 Pilgrim Heights Road; remove existing deck boards and handrail
Provincetown Business Guild/American Tent and Table; 356 Commercial Street; erect a temporary 10' X 20' tent in front of the Provincetown Library on 08-18-10 and removed on 08-20-10
Seth Levenson; 6 Meadow Road (Unit #6); install 2 new replacement windows and 1 new replacement door
Seaman Animal Shelter/Rise Engineering; 5 Sandy Hill Lane; installation of 21 new replacement windows; replace 2 picture windows; replace 2 Lite Casement Windows
Carla Mancino and Christine Asselin; 1 Somerset Road; construct bathroom on ground level
Seaman Animal Shelter; 5 Sandy Hill Lane; air sealing, knee wall insulation (R-10), attic insulation (R-30), basement ceiling insulation (R-19)
Thomas Tannariello; 61 Harry Kemp Way (Bldg. #E); construct (1) 2 bedroom, single family wood frame, 2 story dwelling
Thomas Tannariello; 55 Harry Kemp Way (Bldg. #B); construct (1) 3 bedroom, single family wood frame, 2 story dwelling
Thomas Tannariello; 57 Harry Kemp Way (Bldg. #C); construct (1) 3 bedroom, single family wood frame, 2 story dwelling
Thomas Tannariello; 61 Harry Kemp Way (Bldg. #D); construct (1) 3 bedroom, single family wood frame, 2 story dwelling
Thomas Tannareillo; 59 Harry Kemp Way (Bldg. #A); construct (1) 3 bedroom, single-family wood frame, 2 story dwelling
Fine Arts Work Center/American Tent and Table; 24 Pearl Street; erect temporary 15' X 15' and 30' X 30' tents on 08-19-10 and removed on 08-22-10
Jay Zimmerman/Cape Tip Construction; 42 Franklin Street; extend current Mahogany Deck to 8' X 11'. Deck to be built within setbacks. No stairs at this time
7 Webster Place/Platinum Building and Remodeling; 7 Webster Place; remove and replace siding
Richard Tedesco; 35B Court Street; shed Permit Application (not exceeding 120 square feet)
Diarmuid O'Neill/Winard Construction; 520 Commercial Street; remove an existing wood door and replace with 9 Lite door; remove shingles (front of bldg. only); replace siding with Red Cedar
Edward Golowka/Peter Thibert; 208 Bradford Street (Unit #5); remove and replace 5 existing aluminum sliders as per HDC approval
Seaside Apts. and Condos/All Roofing and Contracting; 357 Commercial Street; remove and replace roof shingles
Tom Paolillo/Party Cape Cod; 404 Commercial Street; erect a temporary 15' X 15' tent on 08-04-10 and removed on 08-05-10
Provincetown Banner: August 19, 2010 ----------------------------------- LG Provincetown Building Permits Issued during the weeks of 07-01-10 to 07-31-10:
11-BP-001; Provincetown Pilgrim Monument; 1 HIGH POLE HILL RD; erect a temporary 15' X 20' tent and 40' X 60' tent on 07-23-10 and removed on 07-26-10; $100 11-BP-002; Tim Sheehan; 7 ATLANTIC AVE; construct sleeper deck with railings to code per HDC approval of 06-16-10; $10,000/$153 11-BP-003; Provincetown Pilgrim Monument; 1 HIGH POLE HILL RD; erect temporary 40' X 80' and 15' X 20' tents on 07-10-10 and removed on 07-12-10; $100 11-BP-004; Lewis A Young Post #3152 (VFW); 3 JEROME SMITH RD; erect (3) 20' X 20'; (1) 20' X 40'; (1) 20' X 50'; (1) 20' X60'; (1) 40' X 60' temporary tents on 06-27-10 and removed on 06-28-10 for NMSS bike ride; $100 11-BP-005; Jeffreys Stevens Et Al; 0 CONANT ST; erect temporary 30' X 30' and 10' X 15' tents on 07-15-10 and removed on 07-19-10; $100 11-BP-006; Provincetown Inn; 1 COMMERCIAL ST; erect (1) 80' X 120'; (1) 30' X 60'; (3) 10' X 20'; (3) 10' X 10'; (1) 20' X 20'; (1) 30' X 60' temporary tents on 08-07-10 and removed on 08-08-10; $100 11-BP-007; Jeffrey York Et Al; 172 BRADFORD ST, #1; replace roof, siding and windows in kind as a result of fire damage; $22,000/$336.60 11-BP-008; Mark Lemiere Et Al; 39 PLEASANT ST; remove and replace 6 windows; reside NE corner of bldg; $6,513/$100 11-BP-009; Suzanne Ingraham Et Al; 35 PLEASANT ST; replace 7 windows in kind; $1,200/$100 11-BP-010; Susan Rosenberg; 4 OLD COLONY WY, #10; remove and replace 8 windows; $6,760/$100 11-BP-011; David Martin; 47 COMMERCIAL ST, #C; lift Bldg and install foundation and renovate structure per ZBA decision 3-24-09 and HDC approval of 06-2-10; $401,200/$6,138 11-BP-012; Seth Levenson; 3-19 MEADOW RD; remove and replace 2 new windows and 1 new replacement door; $2,500/$100 11-BP-013; CHR MEADOW RD LLC; 3-19 MEADOW RD; construct a dormer on south facing back of bldg. to accommodate a 1/2 bath in 3rd floor; $9,500/$145.35 11-BP-014; JEFF LOWINGER ET AL; 27 PILGRIM HGTS RD; replace deck boards and handrails to code; $20,000/$306 11-BP-015; Town of Provincetown; 356 COMMERCIAL ST; Erect a temporary 10' X 20' tent on the 20' X 20' concrete slab in front of Library on 08-18-10 and removed on 08-20-10; $100 11-BP-016; Robert Dello Russo; 3 DUNCAN LN; construct in-ground swimming pool per ZBA approval; $25,350/$387.86 11-BP-017; Baldwin Hill Realty Trust; 4 RACE RD; construct two unit building; $205,000/$3,136.50 11-BP-018; Whalers Wharf, LLC; 237 COMMERCIAL ST; enlarge existing opening in non-bearing structural wall; $1,000/$100 11-BP-019; Seaman Animal Shelter; 5 SANDY HILL LN; replace 21 double-hung windows; 2 picture windows and 2 casement windows; $12,701/$194.42 11-BP-020; Seaman Animal Shelter; 5 SANDY HILL LN; insulate knee wall, attic and basement ceiling; $2,843/$100 11-BP-021; John Silva; 9 OAK DR; replace/repair existing deck; $3,800/$100 11-BP-022; MARTIN FAMILY REALTY TR; 157 COMMERCIAL ST; PH I: Interior renovations; convert restaurant to single-family 5 bedroom dwelling; $77,000/ $1,178.10
Provincetown Banner: August 19, 2010 ----------------------------------- LG Provincetown Public Hearing Notice August 26, 2010
The Provincetown Public Pier Corporation will hold a public hearing on Thursday, August 26, 2010 at 4 PM, in Room 6 of the Grace Gouveia Building at 26 Alden Street, Provincetown, MA 02657 to consider the following changes to Dock Fees and Pier Regulations.
The following to be inserted at the beginning of Chapter 1 MacMillan Pier, after PPPC purpose:
Commercial Fishing Introduction: A critical objective of the PPPC is to foster and support a sustainable commercial fishing fleet in Provincetown. The enabling legislation (Chapter 13 of the Acts of 2000) and resulting infrastructure were created as a framework both physically and legally to meet this objective.
To further support its goal, we are adding a definition of commercial fishermen to its regulations and creating a discretionary review mechanism to ensure that commercial fishers applying for tenant space on MacMillan Pier are given every opportunity to succeed
Commercial Fishing Purpose: The "floating docks," located on the eastern side of MacMillan Pier are dedicated primarily for use by small-boat commercial fishing vessels in accordance with the October 16, 2000 "Chapter 91" license, issued by the Commonwealth of Massachusetts, Department of Environmental Protection. Accordingly, space at the floating docks shall be leased first to "commercial fisherman" for the docking of "small-boat commercial fishing vessels," as such terms are defined in these regulations.
Only commercial fishermen shall qualify for the annual commercial dockage rate as stated in the annual rate schedule for space on the commercial floating docks. Commercial fisherman shall dock only small-boat commercial fishing vessels at the floating docks.
1-1-11 "Commercial fishing" shall mean the catching or harvesting, for profit, of fish, shrimp, lobsters, urchins, seaweed, shellfish, or other aquatic species, or products of such species.
1-1-12 A "commercial fisherman" is a person or legal entity (1) Who possesses a valid fishing license/permit issued by the Commonwealth of Massachusetts; (2) Whose "principal occupation" is "commercial fishing," as defined in these regulations; (3) Owns or leases a "small-boat commercial fishing vessel," as defined in these regulations; and (4) States, in a signed writing under the pains and penalties of perjury on a form approved for that purpose by the Pier Corporation, that such person's/entity's principal occupation is commercial fishing.
1-1-13 A person's "principal occupation" will be deemed commercial fishing if such person derived no less than 66 percent of his/her gross income from commercial fishing in at least one of the two consecutive years preceding application.
If the applicant is a legal entity, such entity's "principal occupation" will be deemed commercial fishing if a majority of such entity's principals, officers, partners or members derived no less than 66 percent of their gross income from commercial fishing in at least one of the two consecutive years preceding application.
1-1-14 "Small-Boat Commercial fishing vessels" are those vessels (1) Manufactured for use in commercial fishing, (2) Less than 100 feet in length, and (3) Used by the commercial fisherman solely for engaging in the business or occupation of commercial fishing. Small-boat commercial fishing vessels shall be subject to inspection by the Pier Corporation at any time for the purpose of confirming that such vessels are commercial fishing vessels as defined herein.
1-7-13 COMMERCIAL FISHERMAN ELIGIBILITY: Any person wishing to apply for status as a "commercial fisherman" and receive the existing annual commercial dockage rate (commercial floating docks) must file an application approved for that purpose by the Pier Corporation, and must, with that application, provide at least 3 of the following:
(1) A copy of his/her/its commercial fishing license/permit(s) issued by the Commonwealth of Massachusetts or the National Oceanic and Atmospheric Administration National Marine Fisheries Service; (2) Satisfactory evidence of his/her/its ownership/leasehold interest in a small-boat commercial fishing vessel; (3) Written certification, signed under penalty of perjury on a form approved for that purpose by the Pier Corporation, that the applicant's principal occupation is commercial fishing; (4) Catch reports for 2 years (5) Federal and state tax returns for last two consecutive calendar years. If the applicant is a legal entity, such entity must provide the tax returns for the last two consecutive calendar years for each officer, partner or member of such entity; and Such other information as may be reasonably requested by the Pier Corporation
1-7-14 ELIGIBILITY EXEMPTION If an applicant has not filed tax returns for the past two years, has not been engaged in commercial fishing for at least two years, or who, for economic or other reasons, is unable to demonstrate that no less than 66 percent of his/her gross income is derived from commercial fishing, such applicant may make request an exemption from such "income requirement." Such applicant must include, with his/her application for status as "commercial fisherman," a detailed signed writing that (1) requests an exemption from the income, (2) explains in reasonable detail why the applicant should be allowed an exemption from that requirement, (3) demonstrates to the satisfaction of the Pier Corporation that he/she has a present intention to engage in commercial fishing as his/her principal occupation, and (4) demonstrates to the satisfaction of the Pier Corporation that he/she has the means to engage in commercial fishing as his/her principal occupation, which demonstration shall include, but not be limited to, furnishing satisfactory evidence that the applicant owns or leases a commercial fishing vessel.
If granted an exemption from the income requirement, the applicant must certify in writing, under penalty of perjury on a form approved for that purpose by the Pier Corporation, that the applicant will engage in commercial fishing as his/her principal occupation and provide catch reports on a monthly basis. Any exemption granted hereunder shall expire one year from the date that the exemption is granted.
Following expiration of any such exemption, the applicant must re-apply for docking space and be subject to the income requirement stated above, unless such person applies for and qualifies for a second, one-year exemption. No person will be permitted more than two consecutive, one-year exemptions.
Comments thereon may be submitted in writing to the Provincetown Public Pier Corporation, Provincetown Town Hall, 260 Commercial Street, Provincetown, MA 02657 or in person at the hearing.
Lee Ash, Chair Provincetown Public Pier Corporation
Provincetown Banner: August 12 and 19, 2010 ----------------------------------- LG Provincetown Public Hearing August 26, 2010 The Provincetown Zoning Board of Appeals will hold a Public Hearing at 7:00 p.m. on Thursday, August 26, 2010 in Room 6 at the Grace Gouveia Building, 26 Alden Street, Provincetown, MA.
Public Hearing 7p.m.
Case # FY11-20 Application by Fred Ambrose of Ambrose homes, Inc. on behalf of Ralph Santora Applicant under Article 3, Section 3110 of the Zoning Bylaw seeks a Special Permit for the construction of two dormers up and along pre-existing non-conforming lot lines at the property located at 284B Commercial Street, (TCC Zoning District), Provincetown, MA.
Case # FY11-21 Application by Fred Ambrose of Ambrose homes, Inc. on behalf of Ralph Santora Applicant under Article 3, Section 3340 of the Zoning Bylaw seeks a Special Permit for a deviation in building scale for the construction of two dormers at the property located at 284B Commercial Street, (TCC Zoning District), Provincetown, MA.
Anne Howard, Chair
Provincetown Banner August 12 and 19, 2010 ----------------------------------- LG Provincetown Public Hearing September 01, 2010 The Provincetown Historic District Com-mission will hold a work Session at 3:30 p.m. and a Public Hearing at 4:00 p.m. on Wednesday, September 01, 2010 in Room 10 at the Grace Gouveia Building 26 Alden Street, Province-town, MA. The Historic District Commission will consider the following application:
Public Hearing 4p.m.
FY11-04 Application by Misty Harbor Condominium, Glen S. Fontecchio, Trustee for a Certificate to be issued in accordance with the Provincetown Historic District Commission established under the General By-Laws, Chapter 15 of the Town of Provincetown. The applicant seeks approval for the reconstruction of exterior stairs, deck and railings and to remove the existing, abandoned brick chimney and repair siding and roof at the property located at 96-98 Bradford Street, Provincetown, MA.
FY11-05 Application by Neal Kimball on behalf of Rainer Horn, Trustee for a Certificate to be issued in accordance with the Provincetown Historic District Commission established under the General By-Laws, Chapter 15 of the Town of Provincetown. The applicant seeks approval to construct a second story addition above the former garage at the westernmost portion of the structure; increase the roof pitch over the center portion of the building to increase the ridge height; add egress deck along the south side of the roof at the soffit level; add carriage house door overlays on the north side; change the awning window on the second floor west side to a smaller awning due to roof change and add a cupola at the property located at 14 Johnson Street, Provincetown, MA.
FY11-06 Application by Paul Van Apeldoorn on behalf of Hazel Warner for a Certificate to be issued in accordance with the Provincetown Historic District Commission established under the General By-Laws, Chapter 15 of the Town of Provincetown. The applicant seeks approval to construct a sunroom over an existing first floor patio and over a second floor deck at the property located at 269A Bradford Street, Provincetown, MA.
FY11-07 Application by Peter Fine for a Certificate to be issued in accordance with the Provincetown Historic District Commission established under the General By-Laws, Chapter 15 of the Town of Provincetown. The applicant seeks approval to construct a half story addition over an existing footprint that currently has a flat black top roof not in keeping with the original structure; change architecturally inappropriate windows in existing first floor of this section to match windows in rest of house; install one exterior 12 paned wood and glass door and install wood clapboards on front and side elevations; cedar shakes on rear elevation and install wood corner boards and trim at the property located at 14 Howland Street, Provincetown, MA.
John Dowd, Chairman
Provincetown Banner: August 12 and 19, 2010 ----------------------------------- LG Provincetown Public Hearing September 01, 2010
The Provincetown Historic District Commission will hold a work Session at 3:30 p.m. and a Public Hearing at 4:00 p.m. on Wednesday, September 01, 2010 in Room 10 at the Grace Gouveia Building 26 Alden Street, Provincetown, MA. The Historic District Commission will consider the following application:
Public Hearing 4pm FY11-08 Application by David McMahon for a Certificate to be issued in accordance with the Provincetown Historic District Commission established under the General By-Laws, Chapter 15 of the Town of Provincetown. The applicant seeks approval to restore, renovate and relocate existing ½ Cape structure and add new connector and modern structure to existing at the property located at 9 Whorf's Court, Provincetown, MA.
John Dowd, Chairman
Provincetown Banner: August 19 and 26, 2010 ----------------------------------- LG Provincetown Public Hearing Special Entertainment License The Provincetown Licensing Board will hold a Public Hearing at 9:00 a.m. on Wednesday, August 25, 2010, in the Yellow Room at the Community Center, 44 Bradford Street, to hear a petition from Brandon Motta, representing Provincetown Recreation Department for a Special Enter-tainment License for an event to be held at the Skate Park on Jerome Smith Rd. on Saturday, September 4, 2010 from 10 a.m. until 3 p.m. Rain date Saturday, September 18, 2010.
Licensing Board Provincetown Banner: August 12 and 19, 2010 ----------------------------------- LG Provincetown Public Notice School Committee Vacancy The Town of Provincetown is seeking applicants to serve on the Provincetown School Committee. This is an interim appointment for a term to expire at the May 2, 2011, Town Election. Applicants must be registered voters of the Town of Provincetown. Applications can be obtained in the Office of the Town Manager/Board of Selectmen, Temporary Town Hall, 16 Jerome Smith Rd., Provincetown, MA 02657, or downloaded at the Town's website (go to and click "Town Boards"). Completed forms should be returned to the Town Clerk at Town Hall by Thursday, September 2, 2010 at 5 pm.
Michele Couture, Chairman Board of Selectmen
Provincetown Banner: August 19, 2010 ----------------------------------- LG Provincetown Public Notice The Provincetown Licensing Board held a public hearing on August 10, 2010, at 5:15 PM at the Community Center, 44 Bradford Street, Provincetown, MA and then and there voted to amend the Licensing Board Rules and Regulations as follows. These changes take effect on August 19, 2010.
LICENSING BOARD RULES AND REGULATIONS
3.00 ALCOHOLIC BEVERAGES LICENSES 3.01 General Provisions
No change to Section a) or b)
c) The hours of alcohol sales allowed at businesses licensed with pouring licenses are between 8:00 a.m. and 1:45 1:00 a.m. weekdays and between Noon and 1:45 1:00 a.m. Sundays, and shall be specified as the closing time stated in the license. The Licensing Board will vote to extend pouring licenses until 1:45 2:00 a.m. on New Year's Eve at the final meeting in November. Licensees do not need to attend meeting unless they are requested by the Licensing Board and will not be contacted unless permission is not being granted due to numerous violations.
No change to Section d) through i)
j) All alcohol must be consumed or disposed of by within thirty (30) minutes of the closing time stated on the license, and in no case later than 2:00 1:30 a.m.
k) All alcoholic beverage containers must be removed and disposed of from any area of service by within thirty (30) minutes of the closing time stated on the license, and in no case later than 2:00 1:30 a.m.
l) All patrons and guests must leave the premises within thirty (30) forty (40) minutes of the closing time stated on the license, but not later than 2:30 1:40 am.
No change to Section m) through x).
4.00 ENTERTAINMENT LICENSES
4.03 Definitions Entertainment is defined by Massachusetts General Laws, Chapter 140, Sections 177A, 181 and 183A, and shall be understood to includes all uses listed below:
concert dance exhibition cabaret or public show of any description dancing by patrons dancing by entertainers or performers trivia and gambling or gaming devices darts recorded or live music use of an amplification system theatrical exhibition or play moving picture show floor show of any description light show of any description other dynamic audio or visual show whether live or recorded automatic amusement or gambling device (meaning mechanism whereby, upon the deposit of a coin or token, any apparatus is released or set in motion or put in a position where it may be set in motion for the purpose of playing any game involving, in whole or in part, the skill of the playing, including, but not exclusively, such devices as are commonly known as pinball machines including free play pinball machines) pool tables ping pong tables
Activities not defined as entertainment and therefore not requiring an entertainment permit nor precluded after entertainment hours include:
ambient sound or background music such as piped in radio, satellite radio, CD's or stereo television
Licensing Board Provincetown Banner August 19, 2010 ----------------------------------- LG Provincetown Town of Provincetown Public Notice Amendments to the Provincetown General By-Laws April 2010 Annual Town Meeting
Notice is hereby given that the following amendments to the Provincetown General By-Laws, as voted by the April 5, 2010 Annual Town Meeting, were approved by the Massachusetts Attorney General under MGL C.4 §21D, and Sections 2-3-1 through 2-3-3 of the General By-laws. For the purposes of this by-law, the following officials shall be enforcing persons: the Harbormaster and his designees and any police officer of the Town of Provincetown. 2-3-2-1. Violations of the Provincetown Public Pier Corporation Regulations in Effect on April 5, 2010 (attached as Appendix 1 to Schedule A): 1st offense, $100.00; 2nd offense, $200.00; 3rd and subsequent offenses, $300.00
Doug Johnstone Provincetown Town Clerk
Provincetown Banner: August 19 and 26, 2010
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