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65LegalsCITY OF NEW BEDFORDMASSACHUSETTSBOARD OF APPEALSThe Zoning Board of Appeals will hold an advertised public hearing on Thursday, September 4, 1997 at 7:30 p.m., in Room 205 in the Municipal Building on the following appeal as set forth under the provisions of Article 1, Chapter 9, Section 9-8 of the City Code of New Bedford, MA.#3273 - Petition of Paul Koczera, Councillor Ward 2. The Petitioner appeals under Chapter 40A, Section 8, the refusal of the Building Commission to enforce the Zoning at 39 Brook Street, by allowing Illegal Fish Drying at International Fisheries. Said activity is in violation of Article 2, Chapter 9, Section 9-253 (Uses) of the New Bedford City Code. Said enforcement was requested by letter by July 1, 1997.Jack CarvalhoClerk/Zoning Boardof AppealsAug. 21, 28COMMONWEALTHOF MASSACHUSETTSBRISTOL, SS.SUPERIOR COURT DEPT.OF THE TRIAL COURTCIVIL ACTION NO.B97-00946TO: Borden C. Snow of 303 Old Harbor Road, Westport, MA 02790Ada A. Snow of 303 Old Harbor Road, Westport, MA 02790 and to all persons entitled to the benefits of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended: St. Anne's Credit Union of Fall River, Mass., a Massachusetts state chartered credit union having its principal office at 286 Oliver Street, Fall River, MA 02724 claiming to be the holder of a mortgage covering real property, situated in Westport, Bristol County, Massachusetts at 303 Old Harbor Road, given by Borden C. Snow and Ada A. Snow to St. Anne's Credit Union of Fall River, Mass. dated May 2, 1996 and recorded with Bristol County South District Registry of Deeds, Book 3658, Page 176 has filed with said Court a Complaint for authority to foreclose said mortgage in the manner following: by entry and possession and by exercise of power of sale.If you are entitled to the benefits of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, and you object to such foreclosure, you or your attorney should file a written appearance and answer in said Court, at Taunton, on or before Sept. 22, 1997, or you may be forever barred from claiming that such foreclosure is invalid under said act.Witness, ROBERT A. MULLIGAN, Adm. Justice of the Superior Court Dept. of the Trial Court, at Taunton, this 7th day of August 1997.Marc J. Santos, Esq.Magistrate of theSuperior Court Dept.of the Trial CourtAug. 21COMMONWEALTHOF MASSACHUSETTSBRISTOL, SS.SUPERIOR COURT DEPT.OF THE TRIAL COURTCIVIL ACTION NO.C97-01094TO: Donna L. Santos, f/k/a Donna M. Leavitt, 3190 Acushnet Avenue, New Bedford, Massachusetts 02745-3628 and to all persons entitled to the benefits of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended: St. Anne's Credit Union of Fall River, Mass., a Massachusetts state chartered credit union having its principal office at 286 Oliver Street, Fall River, MA 02724 claiming to be the holder of a mortgage covering real property situated in New Bedford, Bristol County, Massachusetts at 3190 Acushnet Avenue given by Donna L. Santos, f/k/a Donna M. Leavitt to St. Anne's Credit Union of Fall River, Mass. dated April 26, 1995 and recorded with Bristol County South District Registry of Deeds, Book 3463, Page 276 has filed with said Court a Complaint for authority to foreclose said mortgage in the manner following: by entry and possession and by exercise of power of sale.If you are entitled to the benefits of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, and you object to such foreclosure, you or your attorney should file a written appearance and answer in said Court, at Taunton, on or before Sept. 22, 1997, or you may be forever barred from claiming that such foreclosure is invalid under said act.Witness, ROBERT A. MULLIGAN, Adm. Justice of the Superior Court Dept. of the Trial Court, at Taunton, this 12th day of August 1997.Marc J. Santos, Esq.Magistrate of theSuperior Court Dept.of the Trial CourtAug. 21COMMONWEALTHOF MASSACHUSETTSLAND COURTDEPARTMENTOF THE TRIAL COURTCase No. 240849To Eduardo L. DaRosaDerrick DaRosa PPA Gabriel F. DaRosaGabriel F. DaRosa and to all persons entitled to the benefit of the Soldiers' and Sailors' Civil Relief Act of 1940 as amended: Bankers Trust Company of California, NA, as Bond Trustee under that certain Indenture dated as of February 1, 1993, for RTC Mortgage-Backed Bonds, Series 1993-4P claiming to be the holder of mortgage covering real property in New Bedford numbered as 842 County Street given by Eduardo L. DaRosa and Claudia S.DaRosa to Comfed Savings Bank dated May 26, 1988 recorded at Bristol County (Southern District) Registry of Deeds in Book 2147 Page 108 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 Soldiers' and Sailors' Civil Relief Act of 1940 as amended 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 22nd day of September 1997, or you may be forever barred from claiming that such foreclosure is invalid under said act.Witness, Peter W. Kilborn, Chief Justice of said Court this 7th day of August 1997.Charles W. Trombly, Jr.RecorderAug. 21Dartmouth Towing, Inc.653 Faunce Corner RoadNo. Dartmouth, MA 02747991-2220Auction of lien property onSeptember 8, 1997at 10:00 a.m.1990 Ford TaurusVin 1FACP55U3LA154658Aug. 21, 28, Sept. 4FAIRHAVEN SCHOOLDEPARTMENTPLAY STRUCTUREThe Fairhaven School Department hereby invites sealed bids for the project listed above.SCOPE OF THE WORK includes supplying equipment; poured in place surface material and wood matte surface material necessary for installation of new play equipment.Bids shall be submitted before 10:00 a.m. on Wednesday, September 3, 1997, at which time they will be opened and read aloud.SPECIFICATIONS AND PLANS will be available on or about Wednesday, August 20, 1997, after 10:00 a.m. at the Office of the Superintendent, 128 Washington Street, Fairhaven, MA 02719, to all interested parties who present a $25.00 check payable to the Town of Fairhaven for each set. Specifications must be returned in good condition within thirty days of the bid opening in order for the bidder to request a refund.BIDDERS are hereby notified that bid deposits must include 5% of his/her bid in the form of a treasurer's check, bid bond by a surety company qualified to do business under the laws of the Commonwealth of Massachusetts and satisfactory to the Awarding Authority, made payable to the Town of Fairhaven.LOUIS RODRIGUESBusiness AdministratorAug. 21LEGAL NOTICEBristol Community College is soliciting bids for banking services. Bid closes October 6, 1997 at 2:00 p.m. For detailed specifications, contact Sandra Boscoe atBristol Community College, 508-678-2811, ext. 2216.Aug. 21LEGAL NOTICEMORTGAGEE'S SALEOF REAL ESTATEBy virtue of and in execution of the Power of Sale contained in a certain mortgage given by Wayne P.LeFrancois and Patricia A. LeFrancois to Fairhaven Savings Bank, dated August 23, 1990 and recorded in Bristol County (Southern District) Registry of Deeds in Book 2533, Page 157, of which mortgage Citizens Bank of Massachusetts is the present holder, for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at Lot 7, Ivy Meadows Lane, a/k/a 25 Ivy Meadows Lane, Westport, Massachusetts will be sold at a Public Auction at 11:00 a.m. on September 4, 1997, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit:BEGINNING at the southeast corner or land herein described at a point in the northerly line of Ivy Meadows Lane, said point being the southwest corner of Lot #6 as shown on plan of land hereinafter mentioned;thence NORTH 68 degrees 48' 14" WEST in line of said Ivy Meadows Lane, thirty-six and 84/100 (36.84) feet to a point;thence NORTHWESTERLY, WESTERLY and SOUTHWESTERLY still in line of said Ivy Meadows Lane, in the arc of a curve having a radius of one hundred twenty (120) feet, a distance of eighty-five and 83/100 (85.83) feet to a point;thence SOUTH 70 degrees 13' 03" WEST still in line of said Ivy Meadows Lane, nine and 46/100 (9.46) feet to a point;thence SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY still in line of said Ivy Meadows Lane, in the arc of a curve having a radius of twenty-five (25) feet, a distance of twenty-seven and 60/100 (27.60) feet to a point;thence NORTHWESTERLY still in line of said Ivy Meadows Lane, in the arc of a curve having a radius of seventy (75) feet, a distance of thirty (30) feet to Lot #8 as shown on said plan;thence NORTH 30 degrees 23' 06" WEST in line of last-named lot, one hundred twenty-three and 33/100 (123.33) feet to a point;thence SOUTH 85 degrees 52' 06" WEST in line of last-named lot, four hundred thirty-one and 54/100 (431.54) feet to and into the waters of the Devol Pond as far as private rights extend;BEGINNING again at the point of beginning;thence NORTH 30 degrees 23' 06" WEST in line of Lot #6, three hundred forty-nine and 97/100 (349.97) feet to land now or formerly of Beverly Malatesta as shown on said plan;Thence SOUTH 78 degrees 34' 03" WEST in line of last-named land, one hundred thirty-one and 78/100 (131.78) feet to a point;thence SOUTH 86 degrees 19' 44" WEST still in line of last-named land, fifteen and 01/100 (15.01) feet to a point;thence SOUTH 12 degrees 42' 04" WEST still in line of last-named land, eleven and 95/100 (11.95) feet to a point;thence NORTH 83 degrees 53' 19" WEST still in line of last-named land, eleven and 69/100 (11.69) feet to a point;thence SOUTH 72 degrees 39' 00" WEST still in line of last-named land, nine and 57/100 (9.57) feet to a point;thence SOUTH 85 degrees 52' 06" WEST still in line of last-named land, one hundred ninety-nine and 64/100 (199.64) feet to a point;thence SOUTH 68 degrees 43' 18" WEST still in line of last-named land, forty-six and 41/100 (46.41) feet to a point;thence SOUTH 77 degrees 19' 17" WEST still in line of last-named land, fifty-one and 36/100 (51.36) feet to and into the water of Devol Pond as far as private rights extend.Being bounded WESTERLY by Devol Pond, one hundred fourteen (114) feet, more or less.CONTAINING 86,886 square feet, more or less.BEING shown as Lot #7 on a Plan of Land entitled "Devol Pond Estates" A Definitive Plan of Land in Westport, Massachusetts Prepared For: Robert L. Smith dated February 7, 1989, revised March 31, 1989 and March 23, 1989, and recorded in the Bristol County S.D. Registry of Deeds in Plan Book 125, Page 6.TOGETHER with the right to use Ivy Meadows Lane for all purposes which public ways are commonly used in the Town of Westport.TOGETHER with the right and privilege of using the waterfront area adjacent to Lots 9 and 10 on said plan within one hundred (100) feet of the waterline for recreational purposes.SUBJECT to a Declaration of Restrictive Covenants dated July, 1990 to be recorded herewith.SUBJECT to an easement to Commonwealth Electric Company et al dated March 6, 1989 recorded in the said Registry of Deeds in Book 2293, Page 175.SUBJECT to a drainage easement as shown on plan of land hereinabove mentioned.The avove premises will be sold subject to all taxes, assessments and other encumbrances which may constitute a prior lien thereon, and will be conveyed subject to any easements, restrictions of record, tenancies and rights of redemption for unpaid federal taxes, if any, as shall, notwithstanding this provision, constitute valid liens or encumbrances thereon after said sale.Terms of the Sale: Cash, cashier's or certified check in the sum of Five Thousand Dollars ($5,000.00) as a deposit must be shown at the time and place of the sale in order to qualify as a bidder and will be required to be paid as a deposit by the successful bidder; successful bidder to sign written Memorandum of Sale upon acceptance of bid, balance of purchase price payable in cash or current funds in thirty (30) days from the date of the sale at the offices of mortgagee's attorney, Partridge, Snow & Hahn, 180 South Main Street, Providence, RI 02903 or such other time as may be designated by mortgagee. The description for the premises contained in said mortgage shall control in the event of a typographical error in this publication.Other terms to be announced at the saleCITIZENS BANKOF MASSACHUSETTSPresent holderof said mortgageBy Its Attorneys,PARTRIDGE, SNOW& HAHN180 South Main StreetProvidence, R.I. 02903(401)861-8200Aug. 7, 14, 21LEGAL NOTICE OFMORTGAGEE'S SALEOF REAL ESTATE81 Beetle Street,New Bedford, MABy virtue and in execution of the Power of Sale contained in a certain mortgage given by Earle A. Bourassa and Susan J. Bourassa to Dime Real Estate Services, Massachusetts, Inc., dated March 5, 1987 and recorded in the Bristol County (Southern District) Registry of Deeds at Book 2013, Page 16, of which mortgage the undersigned is the present holder, by assignment dated May 2, 1997 and recorded in said Registry at Book 3869, Page 317, for the breach of the conditions of the said mortgage and for the purpose of foreclosing the same will be sold at Public Auction on September 8, 1997 at 12:00 Noon, at or upon the premises more particularly described, below, being all and singular the premises described in said mortgage, to wit:A certain parcel of land with the buildings thereon now known and numbered 81 Beetle Street, New Bedford, Bristol County, Massachusetts being shown as Lot 25 on a plan of land of Harriet L. Husted filed in Bristol South District Registry of Deeds in Plan Book 1, Page 105 (the "Plan").CONTAINING eight and 81/100 (8.81) square rods, more of less, according to said Plan.The premises will be sold subject to and with the benefit of all rights, restrictions, easements, improvements, outstanding tax title, municipal or other public taxes, assessments, betterments, liens or claims in the nature of liens and existing encumbrances of record created prior to the mortgage, or entitled to precedence over the mortgage, if any there be, insofar as the same are still in force and applicable to the premises. In the event of any typographical errors in the publication of this notice, the description in the recorded Mortgage shall control.TERMS OF THE SALEFIVE THOUSAND and 00/100 DOLLARS ($5,000.00) cash, bank draft or other form acceptable to the said mortgagee, to be paid at the time and place of the sale; high bidder to sign mortgagee's purchase and sale agreement upon acceptance of bid; balance of the purchase price to be paid in cash or current funds in or within twenty-one (21) days from the date of the sale at the office of ATTORNEY ANNMARIE ROARK, 229 Billerica Road, Chelmsford, Massachusetts 01824, attorney for the mortgagee. Other terms to be announced at the sale.N & N Properties, Inc.61 BroadwayMethuen, MA 01844Present holder of Mortgage,By its attorney,ATTORNEYANNMARIE ROARK229 Billerica RoadChelmsford, MA 01824(508)256-4167Aug. 7, 14, 21MIDDLEBOROUGH GASAND ELECTRICDEPARTMENTGAS DIVISIONGAS AND ELECTRICDEPARTMENT SEALSealed bids or proposals for the painting of the Hortonsphere located at Two Vine Street in the town of Middleborough, for the Gas and Electric Department will be received at the Office of the Gas Division up to 10:00 a.m. on Tuesday, September 2, 1997.Specifications may be obtained at the Gas Division Office, Two Vine Street, Middleborough, Massachusetts 02346.Middleborough Gas and Electric Department may reject any or all of the bids on any basis and without disclosure of a reason. The failure to make such a disclosure shall not result in accrual of any right, claim, or course of action by any unsuccessful bidder against the Middleborough Gas and Electric Department.Middleborough Gas andElectric DepartmentBernard W. Gosson,Gas Division Manager(508)947-1535Aug. 14, 21NOTICE OFMORTGAGEE'S SALEOF REAL ESTATEBy virtue and in execution of the Power of Sale contained in a certain mortgage given by Michelle L. Langlois a/k/a Michelle Langlois and Jeffrey P. Langlois to Plymouth Mortgage Company, Inc., dated July 16, 1993 and registered with the Bristol County (Southern District) Registry District of the Land Court as Document No. 62170 as noted on Certificate of Title No. 16879, of which mortgage Norwest Mortgage, Inc. is the present holder by assignment, 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 4, 1997, on the mortgaged premises located at 352 Alden Road, Fairhaven, Bristol County, Massachusetts, all and singular the premises described in said mortgage,TO WIT:The land in Fairhaven, Bristol County, Massachusetts, with the buildings and improvements thereon, bounded and described as follows:Northerly by Blackburn Street, one hundred one and 98/100 (101.98) feet;Northeasterly by the junction of Blackburn Street and Alden Road, measuring on the southeast curving line thereof, thirty-six and 66/100 (36.66) feet;Easterly by Alden Road, seventy-five and 40/100 (75.40) feet;Southerly by Lot 2 on plan hereinafter mentioned, one hundred thirty-six and 60/100 (136.60) feet; andWesterly by lands now or formerly of John E. Motta and Arthur F. Resendes, ninety-five and 43/100 (95.43) feet.Said land is shown as Lot 1 on subdivision plan 18567B, drawn by Cattley & Richard Engineering Corp., Surveyors, dated September 10, 1969, and filed in the Land Registration Office at Boston, a copy of which is filed in Bristol County (S.D.) Registry of Deeds, in Land Registration Book 54, Page 233, with Certificate of Title No. 10254.So much of the above described land as by implication of law is included within the limits of said Cambell Street is subject to the rights to all persons lawfully entitled thereto in and over the same.For mortgagors' title see deed registered with Bristol County (Southern District) Registry District of the Land Court as Document No. 62169 on Certificate of Title No. 16879.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., 27 Needham Street, P.O. Box 610389, Newton Highlands, Massachusetts 02161-0389, 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.NORWEST MORTGAGE,INC.Present holderof said mortgageBy its Attorneys,HARMON LAW OFFICES,P.C.Byeongyong J. Seo, Esquire27 Needham StreetP.O. Box 610389Newton Highlands, MA02161-0389(617)244-7505Aug. 14, 21, 28 TOWN OF MARIONPLANNING BOARDPUBLIC HEARINGThe Marion Planning Board will hold a Public Hearing on Monday, September 8, 1997 at 7:00 p.m. in the Sippican Elementary School to consider the following amendments to the Zoning By-law:1. Expansion of the Wireless Communications Facility Overlay District,2. Revisions to the Cluster Zoning By-Law, including the redesignation as a Conservation Subdivision,3. Rezoning of certain parcels of land between Front Street and Point Road along Route 6 from General Business to Residential A,4. Establishment of a Residential Compound Subdivision in any residential zone,5. Enhancement of regulations pertaining to erosion control on land underdevelopment.George T.J. WalkerChairmanAug. 21, 28United Front Child Development Programs is requesting bids on four new 8-passenger, 6-cylinder vans with air conditioning. Send bid to United Front Child Development Programs, 285 Ash St., New Bedford, MA 02740. Bids should exclude any sales tax and specify options on the vans. Bids due by 12:00 noon August 25, 1997.Aug. 21WESTPORTCOMMUNITY SCHOOLSWESTPORTMASSACHUSETTSINVITATION FOR BIDWestport High SchoolChimney Stack RepairThe Westport Community Schools invites sealed bids from qualified vendors capable of providing Chimney Stack Repairs in accordance with specifications available in the School Administration Office. Separate bids will be received at the Office of the Superintendent of Schools, 17 Main Road, Westport, MA 02790, until 2:00 p.m. on 04, September 1997, at which time they will be publicly opened.A mandatory pre-bid site inspection is scheduled for 10:00 a.m., 26 August 1997. The Westport Community Schools reserves the right to waive any informalities in bidding procedure, to cancel this Invitation for Bids, or to reject any and or all bids, in whole or in part, if it is deemed to be in the best interest of the Westport Community Schools. Should a contract be awarded pursuant to this Invitation for Bids, then such a contract shall be awarded to the entity which is determined to be the low responsible bidder by the Westport Community Schools, School Committee.The Westport Community Schools encourages Women and Minority owned businesses to submit proposals.No Bidder may withdraw his/her bid for a period of at least 30 days after the day and date set for the receipt of bids.Margot desJardinsSuperintendent of SchoolsAug. 21
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