HomeMy WebLinkAboutComment Letter densieskiFrom: densieski@aol.com
Sent: Monday, February 12, 2024 9:09 AM
To: Cavanaugh, Kimberly; Quirk, Ann; Challies, Jean
Cc: feliciaprecinct13@gmail.com; charliebloom02601@icloud.com; Bevilacqua,
Lena; Anthony Densieski
Subject: Public Comments, February 13, 2024, Conserva on Commission Agenda,
A achments: [I] 02-13 CONSERVATON COMMISSION, 31 Dale Ave,. Hyannisport MA, MARK
S. SCOTT, .pdf; [II] MSSI 31 DALE AVE, Cer ficate of Good Standing,
OrderForm.pdf; [III] MSSi 31 DALE AVE PROPERTY GROUP LLC, Mark S.
Sco , cr-00630, MA Corpora ons Search En ty Summary.pdf; [IV] General
Law - Part I, Title XXII, Chapter 156D, Sec on 14.21.pdf; [V] 200514, No ce
of Lis Pendens, .pdf; [VI] 210405, John W. Kenney resigna on from MSSi 31
DALE AVE PROPERTY GROUP LLC, No resident agent, .pdf; [VII] 240130,
Conserva on Commission request applica on, 31 Dale Ave., Hyannisport,
.pdf
Tom Lee, Conserva on Commission Chair & all Commission members, c/o Kimberly
Cavanaugh
Ann Quirk, Barnstable Town Clerk
Ac ng Chief Jean Challies, Barnstable Police Department
February 12, 2024,
Regarding: Public Comments, February 13, 2024, Conserva on Commission Agenda,
Illegally lis ng Court DISSOLVED company MSSI 31 DALE AVE PROPERTY GROUP LLC
Sir,
The Massachuse s Department of Environmental Protec on states in their Instruc ons for
WPA Form 3 -No ce of Intent: Purpose of the No ce of Intent (NOI) To protect the Commonwealth
wetland resources… The No ce of Intent applica on provides the Conserva on Commission and the
Department with a complete and accurate descrip on…
This Tuesday ’s February 13, 2024, Conserva on Commission Agenda includes the following:
II. MSSI 31 DALE AVE PROPERTY GROUP LLC (exhibit I)
The problem is, this applicant no longer exist. (exhibit II)
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A request was made to the Secretary of the Commonwealth of Massachuse s asking if MSSI
31 DALE AVE PROPERTY GROUP LLC is in “Good Standing ”
The Corpora on Division replied,… This en ty may not be in good standing, not registered, or dissolved.
Contact 617-727-9640 for assistance. [ exhibit II a]
The Corporate Division, business en ty summary further affirms, (exhibit III)
… MSSI 31 DALE AVE PROPERTY GROUP LLC …Date of Involuntary Dissolu on by Court Order or by SOC: 12-
30-2022. (exhibit III a)
The legal meaning of dissolu on is,… the act of bringing an end or termination of a legal
relationship…
Regarding administra ve dissolu on, Massachuse s General Law states: (exhibit IV)…Chapter
156D …Effect of Administra ve Dissolu on… ( c ) A corpora on administra vely dissolved…may not carry on any
business… ( exhibit IV a)
…except that necessary to wind up and liquidate its business and affairs … (exhibit IV b)
The act of making a “Request ” to the Barnstable Conserva on Commission, is carrying on
business, and is in viola on of Massachuse s General Law 156D.
-
To clarify the Massachuse s General Law meaning of “wind up and liquidate”.
The property at 31 Dale Avenue, Hyannis Port is encumbered.
The United States of America filed a No ce of Lis Pendens against Mark S. Sco . (exhibit V)
Property listed in Lis Pendens is 31 Dale Avenue, Hyannis Port. (exhibit V a)
The property 31 Dale Avenue record owner is MSSi 31 DALE AVE PROPERTY GROUP
LLC, (exhibit V b)
A copy of this Lis Pendens was served to the Town of Barnstable by United States A orney ’s
Office.
Within this Lis Pendens and for all persons that were served copies, Federal Judge Ramos
included extremely, precise instruc ons.
…Further, there is a clear danger that the tled owners of the property, if no fied in
advance of the endorsement of this memorandum, will convey, encumber, damage or
destroy the property or improvements thereon.
So Ordered and Endorsed:
Honorable Edgardo Ramos, United States District Judge (exhibit V c) see page three
Judge Ramos above an cipated danger has manifested itself in the request made on behalf
of MSSI 31 DALE AVE PROPERTY GROUP LLC to the Conserva on Commi ee.
Has the Conserva on Commission ever requested approval from the Department of Jus ce
who hold the Lis Pendens which the Town of Barnstable was served?
Last note of informa on.
To advise all that John W. Kenney tendered to Secretary of the Commonwealth of
Massachuse s on April 5, 2021 a Statement of Resigna on of Resident Agent for MSSi 31
DALE AE PROPERTY GROUP LLC. (exhibit VI)
All persons listed on the August 8, 2017, MSSi 31 DALE AE PROPERTY GROUP LLC , cer ficate
of organiza on have resigned except Mark S. Sco . ( exhibit III)
-
The remaining ques on is, who hired and informed A.M. Wilson Associates, Inc. to file the
January 30, 2024 Conserva on Commi ee applica on for a dissolved company?
This filing was five-days a er Judge Ramos signed the Preliminary Order of Forfeiture as to
Specific Property and Subs tute Assets/Money Judgment v. Mark S. Sco on January 25,
2024. (exhibit VII)
Arlene M. Wilson prepared and submi ed the 31 Dale Avenue, Hyannis Port applica on and
Barnstable Conserva on Form F.
In the cover le er, Arlene M. Wilson offered to answer any ques ons or supply any
informa on. (exhibit VII a)
=
The opening statement of this email quoted the DEP, … To protect the Commonwealth
wetland resources… The No ce of Intent applica on provides the Conserva on Commission
and the Department with a complete and accurate descrip on…
As the extension applicant does not exist, and there is no longer a Resident Agent located in
Massachuse s to contact as required, please ask the enforcement arm of the Barnstable
Conserva on Department if there is any one at 31 Dale Avenue they can contact in an
emergency or to obtain a Cer ficate of Compliance it the project is ever completed.
Very shortly the U.S. Marshal will liquidate 31 Dale Avenue on an “as is basis“.
The new purchaser can apply for a new No ce of Intent a er actually inspec ng the last six
years of incomplete work.
=
Due to the fact that MSSi 31 DALE AVE PROPERTY GROUP LLC has been dissolved by Court
Order; and the No ce of Lis Pendens by the United States of America v. Mark S. Sco
including encumbered property at 31 Dale Avenue, Hyannis Port,
I request the Conserva on Commission cancel considera on the MSSi 31 DALE AVE
PROPERTY GROUP LLC, February 13, 2024 Agenda item.
v/t/y
Exhibits I – VII a
cc: Felicia R. Penn, President, Barnstable Town Council
Charles R. Bloom, Barnstable Town Council, Conserva on Commi ee Liaison
Lena Anne Bevilacqua, Inves ga ve Services, Barnstable Police Department