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Place an Ad
To place your Provincetown Banner classified ad call toll free (888) 782-2267 or send an email. Please contact us before 1:00pm EST Monday for publication in the following Thursday's edition. For current rate information see our Advertise: Classified page. For information about classified display ad rates see our Advertise: Display page.

Including: EASTHAM | PROVINCETOWN | TRURO |

COMMONWEALTH OF MASSACHUSETTS

KAREN TOOMEY

VS.

HEIRS OF ALEXANDER J.L. MACHAY a/k/a ALEXANDER J.L. MACKAY

ORDER OF NOTICE BY PUBLICATION

TO ALL WHOM IT MAY CONCERN, and to the HEIRS OF ALEXANDER J.L. MACHAY a/k/a ALEXANDER J.L. MACKAY, or their heirs, legal representatives, or such persons as shall become their heirs, devisees, or appointees; or any persons claiming under them and tp persons unknown; DEFENDANTS

WHEREAS an action has been presented to said Court by KAREN TOOMEY of Wellesley Norfolk County, Massachusetts, PLAINTIFF, 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 Wellfleet, Barnstable County, Massachusetts, being conveyed to said plaintiff by deed of Beth MacAdams, dated September 19, 2007, and recorded in Barnstable County Registry of Deeds Book 22352, Page 194.

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 10th day of May 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 12th day of May 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 10th day of March, 2008.

Scott W. Nickerson,
Clerk-magistrate

COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
(Seal)
Case No. 370157

To:
James L. Helms
and to all persons entitled to the benefit of the Servicemembers Civil Relief Act: First Horizon Home Loans, a division of First Tennessee Bank National Association claiming to be the holder of mortgage covering real property in Provincetown, numbered 887 Commercial Street Unit 1 Windswept Colony Condominium given by James L. Helms to First Horizon Home Loan Corporation, dated June 23, 2003, Recorded with the Barnstable County Registry of Deeds at Book 17154, Page 206, and now held by plaintiff by assignment 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 the 2nd day of June 2008, 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 this 17th day of April 2008.
Attest:
Deborah J. Patterson
Recorder
(238.0305/Helms)(05/08/08)(111205)

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 Manuel Pacheco and David LeFort to Mortgage Electronic Registration Systems, Inc., dated March 14, 2006 and recorded with the Barnstable County Registry of Deeds at Book 20826, Page 58, of which mortgage GMAC Mortgage, LLC 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 p.m. on June 5, 2008, on the mortgaged premises located at 24 Franklin Street, Provincetown, Barnstable County, Massachusetts, all and singular the premises described in said mortgage,

TO WIT:

That certain lot, tract and parcel of land, together with buildings and improvements thereon, sitauted in Provincetown in the County of Barnstable and Commonwealth of Massachusetts, known as and
numbered 24 Franklin Street, bounded and described as follows:
Commencing at the junction of Franklin and Bradford Sts., and running thence
Westerly by Bradford St., 46 feet 6 inches to a post; thence running
Southerly by land of Teta Francis now or formerly of Phebe Souza 58 feet and 18 inches to a post; thence
Westerly 16 feet to a post; thence
Southerly by land formerly of Reta Francis now or formerly of Phebe Souza 59 feet to a post and fence; thence running
Easterly by said fence 24 feet to land now or formerly of Antone A. White; thence running
Northerly by land now or formerly of said White and by land now or formerly of Joseph Sands 68 feet to a post; thence running Easterly by land now or formerly of Sands 37 feet 4 inches to Franklin St.; thence running Northerly by said Franklin St. 49 feet 6 inches to the point of beginning, at the junction of Franklin and Bradford Streets.
For mortgagor's(s') title see deed recorded with Barnstable County Registry of Deeds in Book 16058, Page 30.


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 Fifteen Thousand ($15,000.00 ) 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.

GMAC MORTGAGE, LLC
Present holder of said mortgage

By its Attorneys,
HARMON LAW OFFICES, P.C.
150 California Street
Newton, MA 02458
(617) 558-0500
200712-1832 - ORE

Project Name: Province Lands Bike Trail Renovations

Location: Segments 1, 2, and 3 of the Province Lands Bike Trail, Provincetown, MA

Proponent: Cape Cod National Seashore

Purpose: The Province Lands Bike Trail does not meet many of the current standards for bicycle facility design. The improvement objective is to widen the trail from 8 feet to 10 feet, as appropriate, and eliminate steep grades/sharp curves, to address safety issues while creating least disturbance to environmental sensitive resources such as wetlands and protected species.

Legal Notice: A Notice of Intent (NOI) has been filed with Massachusetts Department of Environmental Protection. Copies of the NOI, including full project narrative and drawings, have also been sent to Division of Fisheries and Wildlife: Natural Heritage and Endangered Species Program and Provincetown Conservation Commission. Copies of the NOI submission may inspected at the Conservation Commission office or may be obtained from:

Cape Cod National Seashore
attn: Lauren McKean
99 Marconi Site Road
Wellfleet, MA 02667
(508) 349-3785

Meeting: The public hearing regarding the project will be at the Conservation Commission's Tuesday, May 13, 2008 meeting at 6:30pm in the Judge Welsh Hearing Room or Caucus Hall in Town Hall, 260 Commercial Street.


PROVINCETOWN


Conservation Commission
Public Hearing
May 13, 2008

The Provincetown Conservation Commission will hold a public hearing and public meeting on Tuesday, May 13, 2008 at 6:30 p.m. in the Judge Welsh Room, Town Hall, 260 Commercial Street, Provincetown Massachusetts, to consider the following:

Notice of Intent
Application by National Park Service - Cape Cod National Seashore for a Notice of Intent under the Provincetown Wetland Bylaw, Chapter 12 and under the Massachusetts Wetlands Protection Act M.G.L. c. 131, Section 40. Applicant proposes renovations to an existing bike trail with work to include clearing of down trees and brush, repavement of trail, relocation of bike trail at segment No., stabilization along the bike trail corridor, construction of pull offs, removal and replacement of wood retaining walls and other work at the Cape Cod National Seashore property in Provincetown, MA.

Notice of Intent
Application by Lisa Gledhill and Debbie Blanton represented by Gordon Peabody, Safe Harbor Environmental for a Notice of Intent under the Provincetown Wetland Bylaw, Chapter 12 and under the Massachusetts Wetlands Protection Act M.G.L. c. 131, Section 40. Applicant proposed work to include elevation of existing house to comply with FEMA standards and replace approximately 400 sq/ft addition at rear of house for the property located at 124 Commercial Street in Provincetown, MA.

Request for Determination of Applicability
Application by Doug Dolezal and Greg Welch for a Request for Determination of Applicability under the Provincetown Wetland Bylaw, Chapter 12 and under the Massachusetts Wetlands Protection Act M.G.L. c. 131, Section 40. Applicant proposes site work to include removal of garage and abandoned driveway and to build 2-family dwelling unit with attached walkway within the 50' buffer to a wetland resource area at the property located at 89 Franklin Street in Provincetown, MA.

Elaine Anderson & Dennis Minsky,
Co-Chairs
Town Clerk: www.provincetown-ma.gov

INVITATION TO BID
The Provincetown School Committee is seeking bids for #2 heating oil, school physician, bread, milk, and ice cream. Sealed bids will be opened and publicly read in the Superintendent's Office, 2 Mayflower Lane, Provincetown, MA 02657 (508)487-5000

Provincetown Banner:
May 8 & 15, 2008

Public Hearing

Changes to Handicapped Parking Regulations

The Provincetown Board of Selectmen will hold a public hearing on Monday, May 12, 2008 at 6 P.M. in the Judge Welsh Hearing Room, Provincetown Town Hall, 260 Commercial Street, Provincetown, MA 02657 to receive comments from the public on the Parking Department's recommendation to charge for handicapped parking in the MacMillan Pier and Grace Hall Lots after the first three hours.

The public is encouraged to submit any written comments by Monday, May 5, 2008 to the Office of the Town Manager/ Board of Selectmen, Town Hall, 260 Commercial Street, Provincetown, MA 02657, or in person at the hearing.

Mary-Jo Avellar, Chairman
Board of Selectmen

Provincetown Banner:
May 1 and 8, 2008

Public Hearing

Changes to Aquaculture Regulations

The Provincetown Board of Selectmen will hold a public hearing on Monday, May 12, 2008 at 6 P.M. in the Judge Welsh Hearing Room, Provincetown Town Hall, 260 Commercial Street, Provincetown, MA 02657 to receive comments from the public on the Shellfish Advisory Committee's recommendation for the following changes to the Aquaculture Regulations:

1. Shellfish Grants may be granted to Provincetown residents who can show to the satisfaction of the Board of Selectmen that they are a bona fide domiciled resident registered voter or property tax payer of the Town of Provincetown. Grants shall be issued only to individuals, not corporations.

At their meeting of April 1, 2008, the Shellfish Advisory Committee voted 4-0 to recommend this change.

The public is encouraged to submit any written comments by Monday, May 5, 2008 to the Office of the Town Manager/ Board of Selectmen, Town Hall, 260 Commercial Street, Provincetown, MA 02657, or in person at the hearing.

Mary-Jo Avellar,
Chairman, Board of Selectmen

Provincetown Banner:
April 24 and May 1, 2008

Public Hearing

May 15, 2008

The Provincetown Zoning Board of Appeals will hold a Work Session (time and agenda to be posted at Town Hall on May 09, 2008) and a Public Hearing on the following applications at 7:00 p.m. on Thursday, May 15, 2008 in the Judge Welsh Hearing Room, Town Hall 260 Commercial Street.

Public Hearings 7:00 p.m.

Case # 2008-38
Application by Yuriy Litavinov and Pavel Fiodarau
Applicant under Article 3, Section 3110 of the Zoning Bylaw seeks a Special Permit to extend a pre-existing non-conforming two family dwelling up and along a pre-existing setback by an additional 15" at the property located at 9 Carnes Lane (Res3 Zoning District), Provincetown, MA.

Patrick Eleey, Chairman

Provincetown Banner:
May 01 and 08, 2008

Public Hearing

May 21, 2008

The Provincetown Planning Board will hold a Public Hearing on Wednesday, May 21, 2008, at 7:00 p.m. in the Judge Welsh Hearing Room, Town Hall, 260 Commercial Street, Provincetown, MA. The Planning Board will consider the following application:

Case #2008-13 Site Plan Review
Application by William N. Rogers, II, P.E. P.L.S. on behalf of Olga Opsahl & Kenneth C. Weiss under Article 2, Section 2320 of the Zoning Bylaws for High Elevation Protection District A. The applicants seek approval to remove and existing shed and to construct three proposed duplex buildings, one per lot with Title 5 septic system and appurtenances at the property located at 51R, 55 and 57 Harry Kemp Way, Provincetown, MA (ResB Zone).

Howard Burchman, Chairman

Provincetown Banner:
5/01/08 and 5/08/08

Public Hearing

May 21, 2008

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, May 21, 2008 in the Judge Welsh Hearing Room, Town Hall, 260 Commercial Street, Provincetown, MA. The Historic District Commission will consider the following applications:

Public Hearing 4:00 p.m.

2008-22
Application by Meg Stewart and Maureen Wilson 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 remove and replace front decks, change west side door to a window and add skylights, remove a chimney and to replace a chimney at the property located at 408 Commercial Street, Provincetown, MA.

2008-23
Application by Doug Dolezal 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 and under 11-1-5, Demolition Delay Bylaw. The applicants seek approval for the demolition of a garage structure at the property located at 89 Franklin Street, Provincetown, MA.
John Dowd, Chairman

Provincetown Banner:
May 1 and 8, 2008

Public Hearing

May 22 2008

Pursuant to Chapter 13 of the Acts of 2000 the Provincetown Public Pier Corporation will conduct a public hearing on Thursday, May 22 in the Judge Welsh Room of Provincetown Town Hall at 260 Commercial Street, Provincetown, MA 02657 at 4 PM to consider the following float space license renewals on MacMillan Pier for the 2008 season:

1E- John R. Henrique, Inc., 1W- Jon Salvador, 2W- Cee-Jay Corp., 3W- John R. Woods, Inc., 4W- Portuguese Princess Excursions, Inc., 5W- Dolphin Fleet, Inc., 6W- Ranger, Inc., 7W- Luigi's Lobster Float, Inc., 8W- Float Space 8W, Inc. and 9W- Cape Cod Bay Sails, Inc.

Comments may be submitted in writing to the Provincetown Public Pier Corporation, 260 Commercial Street, Provincetown, MA 02657 or in person at the hearing.

Len Clingham, Chairman
Provincetown Public Pier Corporation

Provincetown Banner:
May 8 & May 15, 2008

Public Hearing

Special Entertainment
The Provincetown Licensing Board will hold a Public Hearing at 5:00 p.m. on Tuesday, May 27, 2008, in the Judge Welsh Hearing Room, Town Hall, 260 Commercial Street to hear a petition from Bart Weisman representing The Provincetown Jazz Festival and The Provincetown Music Festival for Special Entertainment Licenses for the Jazz Festival to be held on August 15-17, 2008 and the Music Festival to be held on September 13, 2008 at the Provincetown High School, 12 Winslow St., Provincetown, MA. No Rain date requested.

Special Entertainment and Special Liquor License
The Provincetown Licensing Board will hold a Public Hearing at 5:00 p.m. on Tuesday, May 27, 2008, in the Judge Welsh Hearing Room, Town Hall, 260 Commercial Street to hear a petition from Amy O'Hara representing Fine Arts Work Center, 24 Pearl St., Provincetown, MA for a Special Entertainment and Special Liquor License for an event to be held on August 16, 2008 from 5pm until 11 pm. No rain date requested.

Weekday & Sunday Entertainment
The Provincetown Licensing Board will hold a Public Hearing at 5:00 p.m. on Tuesday, May 27, 2008, in the Judge Welsh Hearing Room, Town Hall, 260 Commercial Street to hear a petition from Rex McKinsey representing Provincetown Public Pier Corporation, Macmillan Pier for a Weekday Entertainment and Sunday Entertainment License.

Amend Common Victualer License
The Provincetown Licensing Board will hold a Public Hearing at 5:00 p.m. on Tuesday, May 27, 2008, in the Judge Welsh Hearing Room, Town Hall, 260 Commercial Street to hear a petition from Page Mansfield d.b.a. Twisted Sister, 293 Commercial St., Provincetown, MA to add 8 additional outdoor seats.

Cass Benson
Chairman, Licensing Board

Provincetown Banner:
May 8 and 15, 2008

Public Notice

Appointments to Town Boards

The Town of Provincetown is seeking applicants to serve on the Town Boards listed below. Applicants must be registered voters of the Town of Provincetown. Applications can be obtained in the Office of the Town Manager/Board of Selectmen, Provincetown Town Hall, 260 Commercial St., Provincetown, MA 02657, or downloaded at the Town's website (go to www.provincetown-ma.gov and click "Town Boards"). Completed forms should be returned to the Town Clerk at Town Hall.

Airport Commission
Animal Welfare Committee
Board of Assessors
Cable Advisory Commission
Cape Cod National Seashore
General Management Plan
Advisory Committee
Community Housing Council
Conservation Commission
Council on Aging Board
Cultural Council
Economic Development Council
Harbor Committee
Board of Health
Historic District Commission
Human Services Committee
Licensing Board
Open Space Committee
Personnel Board
Planning Board
Provincetown Public Pier Corporation
Recycling and Renewable Energy Committee
Visitor Services Board
Water & Sewer Board
Zoning Board of Appeals

Mary-Jo Avellar
Chairman, Board of Selectmen

Provincetown Banner:
May 8 and 15, 2008

Public Notice

Invitation for Bids

The Provincetown Public Pier Corporation is requesting bids for a replacement out board engine for our pump-out boat. The request is for the replacement of the Evinrude 100HP Out-Board motor with an equivalent Evinrude ETEC. General bid forms and specifications may be obtained from the Provincetown Public Pier Corporation, Rex McKinsey, Pier Manager/Harbormaster, 24 Macmillan Wharf, Provincetown, MA 02657, (508-487-7030).

Completed General Bid Forms should be sealed and clearly marked, "Provincetown Public Pier Corporation Project" and must be returned to the Town Hall c/o Provincetown Public Pier Corporation, 260 Commercial Street, Provincetown, MA 02657, by 2:00 p.m. on Thursday May 15, 2008 for consideration.

"In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to all programs.)

The town reserves the right to reject any and all bids, to waive any informalities, and to award the bid deemed to be in the best interest of the town.

Leonard Clingham, Chairman
Provincetown Public Pier Corporation

Provincetown Banner:
May 1 and 8, 2008

Public Notice of Slip Availability

MacMillan Pier has a several slips available for new applicants due to non-renewal of previous tenants in the floating docks for vessels up to 45 feet. Application forms may be picked up at the Harbormaster's Office. Completed applications must be returned to the Harbormaster's Office by May 15, 2008 with copies of registration and commercial fishing permits if applicable.

Spaces will be assigned based on the scoring system used for the commercial fishers. Those criteria are weighted toward commercially registered boats, number of permits held, insurance and activity. In the event more applications are received then spaces available, a waiting list will be created from the remaining applicants. In the event commercial fishers do not fill the facility, Special Condition 23 will control the assignments

"In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to all programs.)

Rex McKinsey
Provincetown Harbormaster/
MacMillan Pier Manager

Provincetown Banner:
May 1 and 8, 2008


TRURO


REQUEST FOR PROPOSALS
STATE-OWNED REAL PROPERTY
THE TOWN OF TRURO

The Commonwealth of Massachusetts Division of Capital Asset Management and Maintenance, on tbe behalf of its Massachusetts Highway Department is issuing this Request for Proposals (RFP) for the sale of surplus state real property located in the Town of Truro. This sale is authorized by M.G.L. c. 7, s. 40E through 40J and M.G.L. c. 81, s.7E.

The certain state property totals approximately 1.48 Acres +/- and is located at Route 6 and South Hollow Road. The Commonwealth will reserve from the deed an easement for all public highway purposes over the entire Premises and use of the easement at any time for any public highway purpose shall not entitle grantee to payment of any eminent domain damages. In addition to and without limitation of the easement for public highway purposes, the deed will restrict the use of the Premises by grantee to agricultural and parking uses and is subject to any other restrictions DCAM may deem necessary to maintain the availability of the Premises for highway uses.

The property will be sold subject to any and all easements of record, licenses and permits, granted to public or private utilities or cable companies and the conditions specified in the RFP.

To receive a copy of the Request for Proposals, which includes terms and conditions of the transaction, proposal content and submission requirement and other proposal requirements, contact:

Mary E. Gardill, Project Manager
Office of Real Estate
Division of Capital Asset Management
One Ashburton Place, Room 1505
Boston, Massachusetts 02108

Telephone (617) 727-8090 ext. 508
Email: mary.gardill@state.ma.us

The Commonwealth reserves the right to reject any and all proposals it may receive.

Proposals must be received at the above address, as specified in the Request for Proposals, no later than May 30, 2008 at 5:00 PM and will be opened at the Office of Real Estate, DCAM, One Ashburton Place, 15th Floor, Boston, MA at 5:00 PM.

BY: David B. Perini, Commissioner
Division of Capital Asset Management and Maintenance

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