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LEGALS ----------------------------------- 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 Barbara L. Punis to National City Mortgage a division of National City Bank, dated September 18, 2007 and registered with the Barnstable County Registry District of the Land Court as Document No.1073247 as noted on Certificate of Title No. C334-2, of which mortgage PNC Bank, N.A. successor by merger to National City Mortgage, a division of National City Bank 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 April 12, 2011, on the mortgaged premises located at 20 Off Conwell Street, Unit No. 2, Provincetown-Cape Cod Condominium, Provincetown, Barnstable County, Massachusetts, all and singular the premises described in said mortgage,
TO WIT: The Condominium Unit in Provincetown,Barnstable County, Massachusetts, known as Unit 2 of the PROVINCETOWN-CAPE COD CONDOMINIUM established by Master Deed dated August 20, 2001 and recorded with the Barnstable County Land Court as Certificate of Title No. C334, Document No. 875,429, as amended November 6, 2003 and recorded as Document No. 949,093.
The unit conveyed is laid out as shown on a plan filed with the Master Deed to which is affixed a verified statement of the form provided by M.G.L. Chapter 183A § 9. The unit conveyed is subject to and with the benefit of the obligations, restrictions, rights and liabilities contained in Massachusetts General Law Chapter 183A, the Master Deed, Declaration of Trust and the By-Laws of the condominium.
The undivided percentage interest of the units conveyed hereunder in the common areas and facilities is 18.0%. Property Address: 20 Off Conwell Street, Unit 2, Provincetown, Massachusetts
For title see deed dated September 18, 2007 and recorded with the Barnstable County Land Court as Certificate of Title No. C334-2. Plan # 37621-A
For mortgagor's(s') title see deed registered with Barnstable County Registry District of the Land Court as Document No. 1073246, as noted on Certificate of Title No. C334-2.
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.
PNC Bank, N.A. successor by merger to National City Mortgage, a division of National City Bank Present holder of said mortgage
By its Attorneys, HARMON LAW OFFICES, P.C. 150 California Street Newton, MA 02458 (617) 558-0500 201004-0919 - GRY
Provincetown Banner March 17, 24, and 31, 2011 AD#12467123 ----------------------------------- 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 Carol Ann Hasenjager a/k/a Carol A. Hasenjager to National City Mortgage a division of National City Bank, dated September 18, 2007 and recorded with the Barnstable County Registry of Deeds at Book 1073252, Page C334-3, of which mortgage PNC Bank, N.A successor by merger to National City Mortgage, a division of National City Bank 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 April 14, 2011, on the mortgaged premises located at 20 Off Conwell Street, Unit No. 3, Provincetown-Cape Cod Condominium, Provincetown, Barnstable County, Massachusetts, all and singular the premises described in said mortgage,
TO WIT: The Condominium Unit in Provincetown, Barnstable County, Massachusetts, known as Unit 3 of the PROVINCETOWN-CAPAE COD CONDOMlNIUM established by Master Deed dated August 20, 2001 and recorded with the Barnstable County Land Court as Certificate of Title No. C334, Document No. 875,429, as amended November 6, 2003 and recorded as Document NO. 949,093.
The unit conveyed is laid out as shown on a plan filed with the Master Deed to which is affixed a verified statement of the form provided by M.G.L. Chapter 183A § 9. The unit conveyed is subject to and with the benefit of the obligations, restrictions, rights and liabilities contained in Massachusetts General Law Chapter 183A, the Master Deed, Declaration of Trust and the By-Laws of the condominium.
The undivided percentage interest of the units conveyed hereunder in the common areas and facilities is 16.0%.
Property Address: 20 Off Conwell Street, Unit 3, Provincetown, Massachusetts
For title see deed dated September 18, 2007 and recorded vvith the Barnstable County Land Court as Certificate of Title No. C334-3. Plan # 37621 - A
For mortgagor's(s') title see deed recorded with Barnstable County Registry of Deeds in Document No. 1073251, on Certificate of Title No. C334-3.
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 BANK, N.A. SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK Present holder of said mortgage
By its Attorneys, HARMON LAW OFFICES, P.C. 150 California Street Newton, MA 02458 (617)558-0500 200907-0234-GRY
Provincetown Banner March 17, 24, and 31, 2011 AD #12467189
----------------------------------- 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 Marianna A. Dimercurio, a/k/a Mariaan A. Dimercurio to Mortgage Electronic Registration Systems, Inc., as nominee for Sherwood Mortgage Group, Inc. dated January 31, 2007, recorded with the Barnstable County Registry of Deeds in Book 21746, Page 249 of which mortgage the undersigned is the present holder for breach of conditions of said mortgage and for the purpose of foreclosing the same will be sold at PUBLIC AUCTION at 11:00 AM on April 7, 2011, on the mortgaged premises. The entire mortgaged premises, all and singular, the premises as described in said mortgage:
Unit No. 1 of the 16 Conwell Street Condominium, located at 16 Conwell Street, Barnstable County, Massachusetts, created pursuant to M.G.L. Chapter 183A by Master Deed dated January 2, 2007 and recorded with the Barnstable Registry of Deeds in Book 21673 Page 85. The Unit is laid out as shown on the floor plans attached hereto which bear the verified statement of a licensed architect as provided for in M.G.L. Chapter 183A, Section 9. The Unit is conveyed together with an undivided 19% percentage interest in the common areas and facilities of the Condominium as set forth in said Master Deed. The Unit is conveyed with the right to park one passenger motor vehicle in the area shown as "Parking Unit 1" on sketch plan attached hereto. Said right shall be an appurtenance to the Unit, and while the location of said space is subject to change by the Trustees, in no event shall the space require backing up past another vehicle regardless of any future configuration promulgated by the Trustees. The Unit is conveyed together with and subject to the provisions contained in said Master Deed, the Declaration of Trust of the 16 Conwell Street Condominium dated January 2, 2007 and recorded with said Deeds in Book 21673 Page 102, and the provision of Massachusetts General Laws, Chapter 183A, Section 9. The Condominium and each of its units is intended for residential use.
Subject to and with the benefit of easements, reservation, restrictions, and taking of record, if any, insofar as the same are now in force and applicable.
In the event of any typographical error set forth herein in the legal description of the premises, the description as set forth and contained in the mortgage shall control by reference.
This property has the address of 16 Conwell Street, Provincetown, MA, 02657.
Together with all the improvements now or hereafter erected on the property and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this sale.
Terms of Sale: Said premises will be sold subject to any and all unpaid taxes and assessments, tax sales, tax titles and other municipal liens and water or sewer liens and State or County transfer fees, if any there are, and TEN THOUSAND DOLLARS ($10,000.00) in cashier's or certified check will be required to be paid by the purchaser at the time and place of the sale as a deposit and the balance in cashier's or certified check will be due in thirty (30) days, at the offices of Doonan, Graves and Longoria, LLC, 100 Cummings Center, Suite 225D, Beverly, MA 01915, time being of the essence.
The Mortgagee reserves the right to postpone the sale to a later date by public proclamation at the time and date appointed for the sale and to further postpone at any adjourned sale-date by public proclamation at the time and date appointed for the adjourned sale date.
The premises is to be sold subject to and with the benefit of all easements, restrictions, leases, tenancies, and rights of possession, building and zoning laws, encumbrances, condominium liens, if any and all other claim in the nature of liens, if any there be.
In the event that the successful bidder at the foreclosure sale shall default in purchasing the within described property according to the terms of this Notice of Sale and/or the terms of the Memorandum of Sale executed at the time of foreclosure, the Mortgagee reserves the right to sell the property by foreclosure deed to the second highest bidder, providing that said second highest bidder shall deposit with the Mortgagee's attorneys, DOONAN, GRAVES, and LONGORIA L.L.C., 100 Cummings Center, Suite 225D, Beverly, Massachusetts, 01915, the amount of the required deposit as set forth herein within three (3) business days after written notice of the default of the previous highest bidder and title shall be conveyed to the said second highest bidder within thirty (30) days of said written notice.
If the second highest bidder declines to purchase the within described property, the Mortgagee reserves the right to purchase the within described property at the amount bid by the second highest bidder.
The foreclosure deed and the consideration paid by the successful bidder shall be held in escrow by DOONAN, GRAVES, and LONGORIA L.L.C., (hereinafter called the "Escrow Agent") until the deed shall be released from escrow to the successful bidder at the same time as the consideration is released to the Mortgagee, thirty (30) days after the date of sale, whereupon all obligations of the Escrow Agent shall be deemed to have been properly fulfilled and the Escrow Agent shall be discharged.
Other terms to be announced at the sale.
Dated: March 3, 2011 New York Community Bank, Reneau Longoria. Esq. DOONAN, GRAVES, and LONGORIA LLC, 100 Cummings Center, Suite 225D, Beverly, MA 01915 978-921-2670 www.dgandl.com (1472.48)(Dimercurio) (3-10-11, 3-17-11, 3-24-11) (266758)
Provincetown Banner March 10, 17 and 24, 2011 AD #12462565 -----------------------------------Legals State of Connecticut Superior Court Judicial District of Stamford/Norwalk at Stamford
NOTICE TO CHARMAINE SCARLETT
A Complaint has been filed seeking a divorce based on No Fault. Return Date: 4/19/2011. The Court finds the current address of the Defendant is unknown, all reasonable efforts to find her have failed and her last known address was 84 Shore Road, North Truro, MA 02652. The Court orders notice to be given to the Defendant by placing a legal notice of this Order of Notice in The Provincetown Banner and The Advocate. Automatic Court Orders have been issued in the case as required by Section 25-5 CT Practice Book and are part of the Complaint on file with the Court. The notice shall appear once a week for two successive weeks commencing on or before 3/21/2011, and proof of service shall be filed with this court. N.A. Roberts.
Provincetown Banner March 17 and 24, 2011 AD#12463541 ----------------------------------- LG Provincetown PUBLIC FORUM Retiree Health Insurance
The Board of Selectmen will hold a joint Public Forum with the Finance Committee on Monday, March 21, 2011, at 6:00 p.m. in the Judge Welsh Hearing Room, Town Hall, 260 Commercial Street, Provincetown 02657, regarding Article 21 of the April 4, 2011, Annual Town Meeting Warrant, which requests the adoption of M.G.L. c. 32B §18. This section of the Massachusetts General Laws would require retirees to subscribe to Medicare upon reaching age 65.
An actuarial study showing the financial effects of adopting Section 18 or 18A will be presented, followed by a question and answer period in which the public is encouraged to participate. The public is also encouraged to submit written comments to the Board of Selectmen, Town Hall, 260 Commercial Street, Provincetown, MA 02657, if they are unable to attend the forum.
Michele Couture, Chairman Board of Selectmen
Thomas Coen, Chairman Finance Committee
Provincetown Banner March 17, 2011 ----------------------------------- LG Provincetown Public Hearing April 6, 2011
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, April 06, 2011 in the Judge Welsh Hearing Room, Town Hall, 260 Commercial Street, Provincetown, MA. The Historic District Commission will consider the following applications:
Public Hearing 4pm
Case# FY11-36 Application by Don DiRocco of Hammer Architects on behalf of Marie O'Shea 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 repair the existing front porch, replace six first floor support columns and rebuild the second floor deck structure at the property located at 148 Commercial Street, Provincetown, MA.
Case# FY11-37 Application by William N. Rogers, II, P.E. and P.L.S. on behalf of 67 Commercial Street, LLC, Judy K. Mencher, 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 revise/amend the previously approved location of door and window sizes and to extend the previously approved west elevation dormer and eliminate the second floor deck at the property located at 67 Commercial Street, Provincetown, MA.
John Dowd, Chairman Provincetown Banner March 17 and 24, 2011 ----------------------------------- LG Provincetown Public Hearing April 7, 2011
The Provincetown Zoning Board of Appeals will hold a Public Hearing at 7:00 p.m. on Thursday, April 07, 2011 in the Judge Welsh Hearing Room, 260 Commercial Street, Provincetown, MA.
Public Hearing 7pm Case # FY11-73 Application by Capizzi Home Improvement on behalf of Bradley Caton Applicant under Article 2, Section 2560, Dimensional Schedule, Article 3, Section 3110, Pre-existing Non-Conforming structures and Article 5, Section 5300 of the Zoning Bylaw seeks a Special Permit to remove and replace an existing deck within the existing sideline setbacks at the property located at 1 Ship's Way Road, (Res1 Zoning District), Provincetown, MA.
Case # FY11-74 Application by Attorney Christopher J. Snow on behalf of 698 Commercial Street Realty, LLC Applicant under Article 3, Section 3230 and 3224 of the Zoning Bylaw seeks a Variance from the Sign Regulations to replace two pre-existing, internally lit signs with two smaller signs with only one internally lit, and additionally one sign to be relocated. The applicant also seeks permission to place three temporary banners to be posted at the property for a one month period at the property located at 698 Commercial Street, (Res1 Zoning District), Provincetown, MA.
Case # FY11-75 Application by Attorney James M. Norcross of Toabe and Riley on behalf of 7 Masonic Place Realty Trust, Eliot W. Denault, III, Trustee Applicant under Article 4, Section 4120 of the Zoning Bylaw seeks a Variance from the Dimensional Requirements for six rental units. The property has 5,825 square feet and 6,000 square feet is required at the property located at 7 Masonic Place, (Res3 Zoning District), Provincetown, MA.
Anne Howard, Chair
Provincetown Banner March 17 and 24, 2011 ----------------------------------- LG Provincetown Public Hearing Proposed Zoning By-law changes
The Provincetown Planning Board will hold a public hearing on Monday, March 21, 2011, at 6:30 P.M. in the Judge Welsh Room, Town Hall, 260 Commercial Street, Provincetown, MA 02657 to hear comments from the public on the proposed bylaw amendments, including any proposed petitioned articles concerning land use or development for the April 4, 2011 Annual Town Meeting Warrant including the following proposed changes to the Zoning By-laws of the Town of Provincetown (proposed deletions are stricken through and proposed additions are underlined): A copy of this proposed zoning by-law is available for public inspection at the Office of the Town Clerk, Provincetown Town Hall, 260 Commercial Street, Provincetown, MA 02657.
Provincetown Zoning Bylaws Article 1 Definitions:
Boarding, Lodging or Tourist Home A dwelling with a managing family resident manager on the premises or associated with the business when the business occupies more than one parcel, plus accommodations, with or without meals, rented to renting more than three but fewer than twenty persons separate guest units.
Provincetown Zoning Bylaws Article 2 Districts and District Regulations:
2330 Floodplain District Boundaries and Base Flood Elevation Data The Floodplain District ("District") is herein established as an overlay district. The District shall include all special flood hazard areas designed on the Town of Provincetown Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program (NFIP) dated July 15, 1992 as Zone A, AE, AH, AO, A1-30, A99, V, V1-30, VE. The FIRM designates the parameters of the100-year base floodplain. The boundaries of the District shall be coincident with the 100-year base flood elevations as shown on the FIRM, Floodway Maps and Flood Insurance Study booklet, all of which are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official, and Conservation Commission. The Floodplain District is herein established as an overlay district to all other districts. All special flood hazard areas within the Town of Provincetown designated as Zone A, AE, AO, AH, V and VE on the Barnstable County Flood Insurance Rate Maps (FIRMs) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Barnstable County FIRMs that are wholly or partially within the Town of Provincetown are panel numbers 25001C0103, 25001C0104, 25001C0108, 25001C0109, 25001C0111, 25001C0112, 25001C0114, 25001C0116, 25001C0117 and 25001C0118 dated June 16, 2011. The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Barnstable County Flood Insurance Study (FIS) report dated June 16, 2011. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official, and Conservation Commission.
2331 Elevation - New construction or substantial improvement (which shall be defined for the purposes of this section as any repair, construction or alteration costing 50% or more of the market value of the structure before improvements; or if damaged, before damage occurred) of residential structures shall have the lowest floor (including basement) elevated to not less than Base Flood Elevations. (Substantial improvement is deemed to have occurred when the first alteration of any structural part of the building commences).
New construction or any substantial improvement of non-residential structures shall either be similarly elevated or, together with attendant utility and sanitary facilities shall be flood proof (i.e. watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy to or above that level) to not less than the Base Flood Elevations. However, structures such as boathouses that would be functionally impaired by such measures, because it requires a water level locations, and is not continuously used for human occupancy, may be exempted from this requirement, upon the issuance of a Special Permits from the Zoning Board of Appeals.
In Zone A-O, all new construction and substantial improvements are subject to the following requirements: - residential structures shall have the lowest floor (including basement) elevated above the crown of the nearest street to or above the depth number specified on the Flood Insurance Rate Maps (FIRM); - non-residential structures shall have the lowest floor (including basement) elevated above the crown of the nearest street to or above the depth number on the FIRM or be flood proof (i.e., watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy to or above that level.
2332 Code References Any new construction or substantial improvements to be undertaken within said district shall be in accordance with the Massachusetts Uniform Building Code. The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following: Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR 120.G, "Flood Resistant Construction and Construction in Coastal Dunes"); Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00); Inland Wetlands Restriction, DEP (currently 310 CMR 13.00); Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00 Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);
Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.
2333 Use of Available Flood Data - no change
2334 "V" Zones No land within areas designated as V (velocity) Zones on the F.I.A. Flood Hazard Rate Maps Barnstable County Flood Insurance Rate Maps shall be developed unless such development: a. is demonstrated by the applicant to be located landward of the reach of the mean high tide through issuance of a special permit by the Zoning Board of Appeals, and; b. Any man-made alteration of sand dunes within said designated V Zones which might increase the potential for flood damage shall be prohibited.
No further changes in this Section.
Provincetown Zoning Bylaws Article 4 Special Regulations:
Section 4170 Change of Use/Non-Residential to Residential Use Conversions 1. Purpose and Intent The purpose of this by-law is to establish special permit requirements for changes of use from commercial to residential use and to minimize adverse impacts on the community from such development. In addition, this by-law is intended to create additional affordable housing opportunities for Provincetown residents and to assist the Town in creating units eligible for inclusion in its Subsidized Housing Inventory.
2. Applicability The following types of change of use shall require Special Permit authorization from the Zoning Board of Appeals as provided for in Article 5, Section 5300: (a) Any change of use from a non-residential use to a residential use of more than four dwelling units; (b) Any change of use from a boarding, lodging or tourist homes use, to a residential use of more than four dwelling units; and (c) Any change of use involving mixed use development that alters the existing mix of uses such that a predominantly non-residential development becomes a predominantly residential use of more than four dwelling units.
No further changes in this Section.
Provincetown Zoning Bylaws Article 6 - Growth Management By-Law
Section 6500 Table of Use Categories and Priorities
GENERAL USE CATEGORY 1 1a. Affordable Housing Units 1b. Median Income Community Housing Units 1c. Middle Income Community Housing Units
GENERAL USE CATEGORY 2 The non-affordable housing components of project consisting of: 2a1 Multi-family dwellings projects that consist of 50%-99% affordable housing and/or community housing 2a2 Two-family dwellings projects that consist of 50%-99% affordable housing and/or community housing 2a3 Single-family dwelling projects that consist of 50%-99% affordable housing and/or community housing
2b1 Multi-family dwelling projects that consist of 33%-49.9% affordable housing and/or community housing 2b2 Two-family dwelling projects that consist of 33%-49.9% affordable housing and/or community housing 2b3 Single-family dwelling projects that consist of 33%-49.9% affordable housing and/or community housing
GENERAL USE CATEGORY 3 3a. Expansions or alterations to existing residential structures or uses that result in increased Title 5 flow, not to exceed the Title 5 Design Flow pursuant to 310 CMR 15.203(2). A total of 330 gallons per year will be reserved for one bedroom per year per applicant. not to exceed a total of 330 gallons per year. 3b. Single-family dwelling on one per lot; two-family dwelling on one per lot; and for the addition of more than one bedroom to existing residential structures 3c. All other market rate residential projects without affordable housing components that result in increased Title 5 flow, except that no one applicant may gain access to 65% of allowable growth within this category within any given year.
GENERAL USE CATEGORY 4 4a Projects that receive an Economic Development Permit 4b Non-Profit or Community Service Uses which meet a critical community need as determined by the Board of Selectmen 4c Boarding, Lodging or Tourist Homes, Hotel, Motel, Inn, Camp, Cabin, Dormitory Housing 4d All other non-residential uses, expansions or alterations to existing structures or uses and any change in use or increase in posted occupant load that results in increased Title 5 Design Flow.
Section 6600 Growth Limitation Goal Allocations
1. Annually, during the Growth Management Review, the Board of Selectmen may allocate up to 1650 gpd to General Use Category 1, provided that the Board of Selectmen shall have made a finding that the Town is in compliance with the water withdrawal permit issued by the Department of Environmental Protection ("DEP") pursuant to 310 CMR 36.00 and all applicable rules and regulations promulgated by DEP with respect thereto.
The Selectmen shall have the flexibility with the General Use Category 1 to distribute the 1650 gallons amongst the Use Categories 1a, 1b, and 1c, based on the recommendation of the PCHC within the Annual Growth Management Report.
All unassigned gallonage remaining at the end of each calendar year for General Use Category 1a, 1b and 1c shall remain available for assignment in the next calendar year for those same categories, respectively Use Category 1a, 1b, and 1c.
2. The Growth Limitation Goal shall be allocated for categories 2, 3 and 4 each year as follows:
(a) Annually, during the Growth Management Review, the Board of Selectmen may allocate up to 1,100 gpd to General Use Category 2, provided that the Board of Selectmen shall have made a finding that the Town is in compliance with the water withdrawal permit issued by the Department of Environmental Protection ("DEP") pursuant to 310 CMR 36.00 and all applicable rules and regulations promulgated by DEP with respect thereto.
All unassigned gallonage remaining at the end of each calendar year for General Use Category 2 shall remain available for assignment in the next calendar year for General Use Category 2.
(b) Annually, during the Growth Management Review, the Board of Selectmen may allocate up to 1,870 gpd to General Use Category 3, provided that the Board of Selectmen shall have made a finding that the Town is in compliance with the water withdrawal permit issued by the Department of Environmental Protection ("DEP") pursuant to 310 CMR 36.00 and all applicable rules and regulations promulgated by DEP with respect thereto. Within this allocation, 330 gpd shall be reserved for General Use Category 3a (expansions to existing residential structures).
All unassigned gallonage remaining at the end of each calendar year for General Use Category 3 shall remain available for assignment in the next calendar year for General Use Category 3.
No further changes.
Or to take any other action relative thereto. [Requested by Provincetown Planning Board]
The public is encouraged to submit any written comments by Thursday, March 18, 2011 to the Planning Board, Community Development Department or Office of the Town Clerk, Town Hall, 260 Commercial Street, Provincetown, MA 02657, or in person at the hearing.
Marianne Clements, Chairman Planning Board
Provincetown Banner March 10 and 17, 2011 ----------------------------------- LG Provincetown PUBLIC NOTICE
The Provincetown Public Pier Corporation is accepting letters of interest for Float Space 10W for the coming season. Letters should describe the type of passenger for hire business proposed, and include vessel documentation, master's license, proof of liability insurance and COI for vessels rated over 6 passengers. Vessel beam is limited to 18.25 feet.
Letters of interest shall be received at the following address by March 24, 2011. If you have any questions, please contact the Harbormaster's Office at (508) 487-7030. Mail letters of interest in an envelope marked Float Space 10W to 260 Commercial Street, Provincetown, MA 02657 or deliver to Harbor-master's Office on MacMillan Pier.
Lee Ash, Chair Provincetown Public Pier Corporation
Provincetown Banner March 10 and 17, 2011 ----------------------------------- LG Provincetown Town of Provincetown INVITATION FOR BIDS
The Town of Province-town, MA requests bids from qualified general building contractors to provide HVAC to the second floor and mezzanine level of the Provincetown Public Library. The Provincetown Public Library is individually listed on the National Register of Historic Places and is a contributing property to the state registered historic district and the local historic districts.
ITEM BID OPENING
Filed Sub-Bids: 3:00PM, Wednesday, March 23, 2011 General Bids: 3:00PM, Thursday, March 31, 2011
OBTAINING BIDDING DOCUMENTS
1. Bid Documents comprise Bidding Requirements and Contract Documents including all Addenda, as defined in SECTION 00100 - INSTRUCTIONS TO BIDDERS.
2. Bid Documents will be available on March 9, 2011 at 3:00 PM. Bid Documents will be available for pickup at (may be viewed electronically and hard copy requested) or at Nashoba Blue, Inc. at 433 Main Street, Hudson, MA 01749 (978-568-1167).
There is a refundable plan deposit for each hard copy set of $50, payable electronically online or by certified or cashier's check only, made payable to Bid Docs ONLINE Inc. This deposit will be refunded upon the return of the set in good condition without thirty (30) days of general bids. Otherwise the deposit shall become the property of the Awarding Authority. Arrangements for mailing delivery of sets can be made through or Nashoba Blue, Inc. No documents will be mailed before receipt of the mailing charge. Copies of Addenda will be sent to registered bidders without charge.
3. It is the sole responsibility of the contractor, subcontractor, and/or any individual and/or corporation to review all ADDENDA twenty-four hours prior to bid opening.
A Pre-Bid Conference and Site Visit will be held at the Marc Jacobs Reading Room of the Provincetown Public Library on Tuesday, March 15, 2011 at 10:30 AM. Requests for interpretations of the contract documents will not be accepted during the pre-bid conference and site visit. It is important that all prospective bidders have a representative in attendance.
All bids for this project are subject to applicable public bidding laws of Massachusetts, including G.L. c.149, §44A through 44H, as amended.
Attention is directed to the minimum wage rates to be paid as determined by the Commissioner of Labor and Industries and the weekly payroll record submittal requirements under the provisions of Massachusetts General Laws, Chapter 149, Section 26 through 27D inclusive.
Bid Deposit and Bonds General bidders and filed sub-bidders must submit, with their bids, a 5 percent bid deposit in the form of a bid bond (form included in bid documents), cash or a certified or treasurer's check issued by a responsible bank or trust company. The successful general contractor will be required to provide, together with a signed contract and within the time stated in the Form of Bid included in these bid documents, a performance bond and payment bond, each in the amount of its bid price, using the bid forms included in the bid documents.
Bidder Qualifications, Certificate of Eligibility and Update Statement 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. General Bidders must be currently certified in the category "Historic Building" and for the dollar amount by the Massachusetts Division of Capital Asset Management (DCAM). Filed Sub-Bidders must be currently certified by the Massachusetts Division of Capital Asset Management (DCAM) for their respective trades and the dollar amount for this project. General bidders and filed sub-bidders must submit, with their bids, a DCAM Certificate of Eligility and DCAM Update Statement. Blank copies of the forms of Update Statement for general bidders and filed sub-bidders are available upon request of a bidder, or may be obtained from DCAM or through DCAM's website:
http://www.mas.gov/?pageID=afsubtopicandL=4andL0=HomeandL1=Property+Management+%26+ConstructionandL2=Design+%26+Construction+of+Public+BuildingsandL3=Contractor+Certificationandsid=Eoaf
The Town of Province-town is an affirmative action/equal opportunity owner/purchaser.
The bidder agrees that its bid shall be good and may not be withdrawn for a period of thirty (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 inpart any or all bids, or take whatever other action may be deemed to be in the best interest of the Town.
Town of Provincetown Sharon Lynn Town Manager (508) 487-7002
Provincetown Banner: March 10 and 17, 2011 ----------------------------------- LG Provincetown Town of Provincetown INVITATION TO BID
1. Sealed Bids for the WINSLOW #1 WATER STORAGE TANK DEMOLITION will be received until March 29, 2011 at 1:00 P.M., local time, at the office of the Town Manager, Town of Provincetown, Town Hall, 260 Commercial Street, Provincetown, MA 02657, at which time said Bids will be publicly opened and read aloud in the Judge Welsh Room. All bids shall be submitted within a sealed envelope addressed to the "Town Manager, Town Hall, 260 Commercial Street, Provincetown, MA 02657" and entitled "Winslow #1 Water Storage Tank Demolition".
2. In general and without limitation, the work to be done under this contract shall include: furnishing all labor, services, equipment, and material for the demolition, removal, and legal disposal of the Winslow #1 water storage tank and related wooden building; and appurtenant work as shown on the Drawing and as specified herein. Work also includes power washing the exterior of the Mount Gilboa water storage tank.
3. The Contract duration for this Project shall be 40 calendar days from, and including, the Notice to Proceed date. It is the intent of this Contract to begin construction the week of June 24, 2011.
4. The Department of Public Works will drain the Winslow #1 storage tank completely prior to demolition.
5. A pre-bid meeting will be held on Monday, March 21, 2011 at 10:00 A.M. at the Winslow Tank site in Provincetown, MA. All bidders are strongly encouraged to attend.
6. Drawings and other Contract Documents may be examined and obtained at the office of Environmental Partners Group, Inc., 1900 Crown Colony Drive, Suite 402, Quincy, Massachusetts 02169 (Contact Deborah B. Nestel, 617-657-0200) and may be examined, but not obtained, at the Provincetown Water Department, 26 Alden Street, Provincetown, MA 02657, 508-487-7064, between the hours of 9:00 A.M. and 3:00 P.M., Monday thru Friday, beginning on March 9, 2011.
7. A refundable deposit of $75.00, certified check, company check or money order payable to Environmental Partners Group, Inc. will be required for each set of the Contract Documents. A refund of the deposit will be made for Documents returned in good condition within 14 days after the Bids are opened. Bidders requesting Contract Documents by mail shall also include a separate non-refundable deposit payable to Environmental Partners Group, Inc. in the amount of $50.00 per set to cover the costs of handling and mailing.
8. Complete instructions for submitting bids can be found in the Instructions to Bidders, Section 00100.
9. For minimum qualifications for Bidders, refer to the Instruction To Bidders, Section 00100, Article 3.
10. Each bid shall be submitted in accordance with the Instruction to Bidders and be accompanied by a Bid Security in the amount of 5 percent of the Bid. The Bid Security shall be in the form of a bid bond or certified treasurer's or cashier's check.
11. Successful bidder must furnish 100 percent Construction Performance Bond and 100 percent Construction Payment Bond with a surety company acceptable to the Owner.
12. No Bidder may withdraw his Bid for a period of thirty (60) calendar days after the actual date of the opening of the General Bids.
13. The bidding and award of the Contract shall be in full compliance with Sections 39M inclusive of Chapter 30 of the General Laws of the Commonwealth of Massachusetts as last revised.
14. The contract will be awarded to the bidder deemed by the awarding authority to be the lowest responsible and eligible bidder. The Town reserves the right to waive any informality, to accept or reject, in whole or in part, any or all bids, or take whatever action may be deemed to be in the best interest of the Town of Provincetown Massachusetts by its Department of Public Works.
15. Bidders shall certify that they do not, and will not, maintain or provide for their employees any facility that is segregated on a basis of race, color, creed, sex, national origin, or sexual preference.
16. Bidder's attention is directed to the Minority Business Enterprise and Women's Business Enterprise Program requirements for this Contract, as explained in the Instructions to Bidders, Section 00100, Article 28.
17. Bidders shall comply with Title VI of the Civil Rights Act of 1964, the Davis-Bacon Act, as applicable, the Anti-Kickback Act, the Contract Work Hours Standard Act and the Americans with Disabilities Act (42 USC 1201 et seq).
18. Wage rates for this project are subject to the minimum wage rates per M.G.L., Chapter 149, Sections 26 to 27G, inclusive. It is the responsibility of the contractor, before bid opening, to request if necessary, any additional information on Minimum Wage Rates for those trades people who may be employed for the proposed work under this contract.
19. The contractor must comply with the minimum rates for wages for laborers and mechanics as determined by the Secretary of Labor in accordance with the provisions of the Davis-Bacon and Related Acts. The contractor shall maintain posted on site a copy of the Davis-Bacon and Related Acts poster, "Notice to All Employees Working on Federal and Federally Financed Construction Projects" (Form WH-1321) and a copy of the wage determination (refer to Appendix L). The contractor must provide written certification that they and their subcontractors have complied with the requirements of the Davis-Bacon and Related Acts for the period during which the work was performed.
20. The Project is financed in whole or in part by USDA Rural Utilities Service pursuant to the Consolidated Farm and Rural Development Act (7 USC Section 1921 et seq.). The Rural Utilities Service programs are administered through the USDA Rural Development offices; therefore, the Agency for these documents is USDA Rural Development. Bidders must submit with their Bid the completed USDA RUS forms contained in the Appendix G. See Instructions to Bidders Section 00100 for more information about the contents of bids.
21. This contract is expected to be funded in whole or in part using funds from the American Recovery and Reinvestment Act of 2009 (ARRA). Section 1605 of the ARRA prohibits the use of these funds unless all iron, steel, and manufactured goods are produced in the United States. All iron and steel manufacturing processes must take place in the United States, except for metallurgical processes involving refinement of steel additives. There is no requirement for the origin of components and subcomponents of manufactured goods. Products listed at 48 CFR 25.104(a) have been determined to be unavailable in the United States and if required for the project may be purchased from foreign sources. No unauthorized use of foreign iron, steel, and/or manufactured goods will be allowed on this project. The bidders shall submit, with their bid documents, a certification that they will use iron and steel products that meet the ARRA requirements (refer to Appendix E). The Contractor shall also provide certification with the closeout documents that all iron and steel materials actually used in the constructed works shall meet the ARRA requirements (refer to Appendix E).
22. The Owner also reserves the right to omit part or whole of any proposed work to be performed, as shown on the Contract Drawings, as may be required to maintain the total cost of work within available funds.
Sharon Lynn, Town Manager
Provincetown Banner March 17 and 24, 2011 ----------------------------------- LG Provincetown TOWN OF PROVINCETOWN REQUEST FOR PROPOSALS Environmental Study - Shank Painter Pond
The Town of Province-town requests proposals for services for a detailed study of the environmental health of some portion of Shank Painter Pond and environs, including water quality tests and faunal and floral inventories.
Specifications may be obtained beginning March 14, 2011, at the office of the Health and Environmental Affairs Manager, Town Hall, 260 Commercial Street, Provincetown, MA 02657, Monday through Thursday, between the hours of 8:00 A.M. and 6:00 P.M., by calling (508) 487-7000 ext. 537 or by e-mailing bcarlson@provincetown-ma.gov. Questions relative to this Request for Proposals should be directed in writing to Brian Carlson, Health and Environmental Affairs Manager, 260 Commercial Street, Provincetown, MA 02657.
A signed original and 4 copies of the proposal must be submitted in a sealed envelope, and clearly marked "Shank Painter Pond Survey - Do Not Open" on the front. Price proposals MUST be submitted in a separately sealed envelope. Proposals will be received until April 11, 2011, 5:00 p.m. Late proposals will not be considered and faxed proposals will not be accepted. (Please note that overnight carriers do not deliver to Provincetown in the morning. If using Fed-Ex, USPS Express Mail, UPS Overnight, DSL or similar carriers, please allow two days for delivery.)
The Town of Provincetown reserves the right to select the firm or individual it feels is most qualified based on the information submitted, to waive any informality, and to choose a firm or individual determined to be able to perform in the best interest of the Town. The Town of Provincetown encourages women and minority-owned businesses to submit proposals.
All proposals will be taken under consideration for award of contract at a later date. The Town Manager shall award a contract after interview and selection from short listed firms by a recommendation of the Conservation Commission.
Sharon Lynn Town Manager/Chief Procurement Officer
Provincetown Banner March 10 and 17, 2011
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