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Newspaper Archive of
Barnstable Patriot
Barnstable, Massachusetts
January 20, 2006     Barnstable Patriot
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January 20, 2006
 
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A Flea in Her Ear... CONTINUED FROM PAGE C:1 audience figures out what is occurring early on in act two, but it takes the cast anothertwo actsto discover it themselves. Despite the stall in the conclusion of the play, director Jim Ruberti's ver- sion of A Flea in Her Ear is offensive and acceptable, eccentric and relevant. In these contradictions lies an extremely funny and worthwhilerendition ofthe timeless battle between men and women. Tickets for the BCC's A Flea in her Ear can be purchased through the box office at (508) 362-633. The play continues through Jan. 29,with shows Friday and Saturday at 8 p.m. and Sunday at 2:30 p.m. Entrain will keep your caboose loose CONTINUED FROM PAGE C:1 education and to encourage positive relationships among teachers , administration , school council, parents and other interested people of the community.And what better way to achieve these goals than in the presence of some great live music. For the third straight year, Entrain has taken time out of their busytouringscheduleto help provide positive musical inspiration for Barnstable youths. "Now that some of us in the band are parents, we have really wanted to bring music to more than just the over-21 crowd,"Majors said, "and we just love hangingout withthe kids and playing music." Tickets ($15 for adults,$10 for students; cash only, please) will be on sale Wednesday from 5 to 7 p.m. in the lobby of the middle school on Route 28 in Hyannis,and can also be ordered by calling 508-775-3319. Phone orders will be held at the door. H Images of America presents: by Edward O. Handy, Jr. (plus Tax & $3.00 Shipping & Handling) Available at... The Patriot Office 396 Main Street, Suite 15 Hyannis, MA. 02601 or visit the web site www.barnstablepatriot.com CONTINUED FROM PAGE C:1 munity, to build that kind of community that may not be here yet," he said. Themusicalvehiclesinclude pop, bar- bershop, Broad- way and t r a d i - t i o n a l choral music, augmented by pieces thematically suited to a gay men's chorus. The chorus ishopingto add to its 10 members - they're not professionals, Kokoszka said,"just people who want to sing, who are very dedicated and want to see the group succeed." He said about 16 to 20 voices are needed for four-part harmonies. Members don't have to audition, and workshops in music reading, theory and sight singing are offered. To join, visit members.aol.com/ CapeCodGMC or go to an organizationalmeetingTues- day, Jan. 31, at 7:30 p.m. at Mallory Dock, 477 Yarmouth Road in Hyannis. Harmonizing... COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT (Seal) Case No.: 316308 To: Kelly M. Grace and Joseph L. Grace and to all persons entitledto (he benefit of the Soldiers' and Sailors' Civil Relief Act of 1940 as amended: HSBC Mortgage Services, Inc., claiming to be the holder of a mortgage covering real property in Hyannis, MA numbered as 173 Spring Street, given by Kelly M. Grace and Joseph L. Grace to Mortgage Electronic Registration Systems, Inc.,as nomineefor Accredited Home Lenders,Inc.datedApril 11, 2005 and recorded at the Barnstable County Registry of Deeds at Book 19712, Page 32 and now held by Plaintiff by Assignment, has filed with said court a complaint for authority to foreclose said mortgage :i the mannerfollowing: by entry and possess,..r if and exercise of power of sale. If you are entitled to the benefits of the Soldiers' and Sailors' Civil ReliefAct of 1940 as amended and you object to such foreclosure you oryour attorney shouldfile a written appearance and answer in said court at Boston on or before the 13th day of February 2006 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 27th day of December 2005. Deborah J. Patterson Recorder (1202.84/Grace)(01/20/06)(65569) The Barnstable Patriot January 20, 2006 COMMONWEALTH OF MASSACHUSETTS COUNTY OF BARNSTABLE THE SUPERIOR COURT CIVIL DOCKET #BACV2006-00007 RE: Roman Catholic Bishop of Fall River, A Corporation Sole v Bernard R. Kelly ORDER OF NOTICE BY PUBLICATION TC Bernard R.Kelly, of BarnstablefCum- maquid), in the County of Barnstable; all in said Commonwealth; AND TO ALL PERSONS ENTITLED TO THE BENEFIT OF THE SERVICES MEMBERS' CIVIL RELIEFACT OF 1940 AS AMENDED: Roman Catholic Bishop of Fall River, a Corporation Sole in Fall River, Bristol County, Massachusetts, Claiming to be the holder of a mortgage covering property situated in Barnstable (Cummaquid), Barnstable County, Massachusetts,given by Bernard R Kelly dated May 5, 2005 and recorded in Barnstable County Registry of Deeds, Book 19810, Page 200 has filed with said court a Complaint for authority to foreclose said mortgage in the manner following: by entry on and possession of the premises therein described and by exercise of the power of sale contained in said mortgage. Ifyou areentitledtothe benefits of the Service Members' Civil ReliefAct of 1940 as amended, and you object to such foreclosure you oryourattorney shouldfile a written appearance and answer in said court at Barnstable in said County on or before 03/07/2006 or you may be forever barred from claiming that such foreclosure is invalid under said Act. Witness , Barbara J. Rouse , Esquire, Chief Justice of the Superior Court, at Barnstable, Massachusetts, this 6m day of January, 2006. From the office of: Reed, Boyce & Travis, PC P.O. Box 3288 Fall River, MA 02722-3288 Scott W. Nickerson, Clerk of the Courts By: Nancy Weir Assistant Clerk The Barnstable Patriot January 20, 2006 THE COMMONWEALTH OF MAS- SACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No. 314909 To Marconi O. DaSilva and to all persons entitled to the benefit of the Soldiers' and Sailors' Civil Relief Act of 1940 as amended Homecomings Financial Network, Inc claiming to be the holder of mortgage covering real property in Hyannis numbered 145 Buckwood Drive given by Marconi O DaSilva to Argent Mortgage Company. LLC dated January 31,2005 and recorded with the Barnstable County Registry District of the Land Court as Document No 992776 and noted on Certificate of Title No 175796. and now held by Plaintiff by assignment has filed with said court a complaint for authonty 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 oryourattorneyshouldfile a written appearance and answer in said court at Boston on or before the 27" day of February 2006 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 10" day of January 2006 DEBORAH J PATTERSON Recorder The Barnstable Patriot January 20. 2006 TOWN OF BARNSTABLE ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE FEBRUARY 01, 2006 To all persons interested in, or affected by the Zoning Board of Appeals under Section 11, of Chapter 40A of the General Laws of the Commonwealth of Massachusetts, and all amendment thereto you are hereby notified that: 7:00 P.M. Appeal 2006-014 Nightingale/ Bacchiocchi Donna Nightingale and Richard R Bacchiocchi have applied for a Variance to Sec- tion 240-11,E Bulk Regulations, Minimum Front Yard Setback and Minimum Side Yard Setback. The applicant seeks to construct an attached two-car garage located 8.9 feet from Walley Court where a 20-foot front yard setback is required and 7.9-feet from the westerly property line were a 10-foot side yard setback is required The property is addressed 12 Walley Court, Hyannis, MA, as shown on Assessor 's Map 324 as Parcel 021, in a Residence B Zoning District 7:15 P.M. Appeal 2006-015 Vollmer Philip Mark & Judith Vollmer have applied for a Variance to Section 240-14.E Bulk Regulations, Minimum Front Yard Setback The applicant seeks to construct a de- tached two-car, garage and storage structure located 24.4 feet from Santuit-Newtown Road where a 30-foot front yard setback is required. The property is addressed 1455 Santuit-Newtown Road, Cotuit, MA, as shown on Assessor 's Map 025 as parcel 006, in a Residence F Zoning District 7:45 P.M. Appeal 2006-016 Industrial Communications & Electronics, Inc. Industrial Communications & Electronics, Inc., has applied for a Variance to Section 240-21.E Bulk Regulations, Maximum Building Height of 30 feet. The applicant seeks to construct a 150-foot high monopole for use as a telecommunications tower for wireless communication The property is shown onAssessor 's Map 119as Parcel009,commonly addressed 1138 Main Street , Osterville, MA, in a Business B Zoning District. These Public Hearings will be heldatthe Barnstable TownHall, 367 MainStreet, Hyannis, MA, Hearing Room , 2"" Floor. Wednesday, February 1, 2006. Plans and applications may be reviewed at the Zoning Board of Appeals Office, Growth Management Depart- ment, Town Offices, 200 Main Street, Hyannis, MA. Gail C. Nightingale, Chairman Zoning Board of Appeals The Barnstable Patriot January 13 and January 20 , 2006 TOWN OF BARNSTABLE ACCESSORY AFFORDABLE HOUSING PROGRAM NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE 5:30 P.M. - FEBRUARY 15, 2006 To all persons interested in. or affected by the Zoning Board of Appeals under Section 11, of Chapter 40A of the General Laws of the Commonwealth of Massachusetts, and all amendments thereto you are hereby notified that Appeal 2006-018 Crowley Chapter 40B Comprehensive Permit Annette M. and James F. Crowley III have applied to the Zoning Board of Appeals for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts and in accordance with Section 9-14 of the Code of the Town of Barnstable, more commonly termed the "Accessory Affordable Housing Program " The applicants are seeking to convert an existing one-bedroom apartment attached to the principle residence into an accessory affordable apartment. The property is shown on Assessor 's Map 146 as Parcel 010-004, addressed 10 Nye Road, Centerville, MA in a Residential C Zoning District. Appeal 2006-019 Monteiro Chapter 40B Comprehensive Permit John J Monteiro has applied to the Zoning Board of Appeals for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts and in accordance with Section 9-14 of the Code of the Town of Barnstable, more com- monly termed the "Accessory Affordable Housing Program " The applicant is seeking to convert an existing one-bedroom apartment in the lower level of the principle residence into an accessory affordable apartment The property is shown on Assessor's Map 290 as Parcel 078-003, addressed 56 Pine Grove Avenue. Hyannis. MA in a Residential B Zoning District. Appeal 2006-020 Chretien Chapter 40B Comprehensive Permit Joseph J. and Martha E Chretien have applied to the Zoning Board of Appeals for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts and in accordance with Section 9-14 of the Code of the Town of Barnstable, more commonly termed the "Accessory Affordable Housing Program " The applicants are seeking to convert an existing one-bedroom apartment attached to the principle residence into an accessory affordable apartment The property is shown on Assessor 's Map 047 as Parcel 020, addressed 1605 Race Lane, Marstons Mills. MA in a Residential F Zoning Distnct Appeal 2006-021 Muncherian Chapter 40B Comprehensive Permit Donna M Muncherian has applied to the Zoning Board of Appeals for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts and in accordance with Section 9-15 of the Code of the Town of Barnstable, more com- monly termed the "Accessory Affordable Housing Program " The applicant is seeking to create a one-bedroom accessory affordable apartment in the lower level of the principle residence. The property is shown on Assessor 's Map 146 as Parcel 098. addressed 551 Lumbert Mill Road Centerville MA in a Residential C Zoning Distnct Revoked Comprehensive Permit Hearing At the request of the Monitoring Agent for the Accessory Affordable Housing Program and in accordance with Section 9-14 of the Code of the Town of Barnstable, more com- monly termed the "Accessory Affordable Housing Program", and the comprehensive permit issued, the Heanng Officer of the Zoning Board of Appeals will hold a public hearing to review and act upon the report submitted by the Monitoring Agent indicating that the following comprehensive permit shall be revoked Comprehensive Permit 2002-85 issued March 3. 2003 to Mateus A Teixeira and Marcelo T Assis for 221 Five Comers Road. Centerville, MA (Map 168, Parcel 080 001) These Public Hearings will be held at 5.30 P M in the Barnstable Town Hall, 367 Mam Street, Hyannis, MA, Hearing Room. 2"° Floor, on Wednesday, February 15, 2006. The Comprehensive Permit files may be reviewed at the Growth Management Department, 367 Main Street. Hyannis, MA Gail Nightingale. Heanng Officer Zoning Board of Appeals The Barnstable Patnot January 20 and January 27. 2006 PLEASE SUPPORT OUR ADVERTISERS... They'reYour Friendsand Neighbors! mMmmMMmmmMmwmm MORTGAGEE'S SALE OF REAL ESTATE By virtue of and in execution of the Power of Sale contained in a certain mortgage given by John Minn Dau to Option One Mortgage Corpora- tion, dated January 24, 2005 and recorded with Barnstable County Registry of Deeds in Book 19477 , Page 153 of which mortgage Deutsche Bank National Trust Company, in trust for the benefit of the Certificate Holders of Soundview Home Loan Trust 2005-OPT1, Asset-Backed Certificates, Series 2005-OPT 1 is the present holder by assignment , for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at 71 Washington Bursely Way a/k/a 71 Washington Bursley Way, Centerville, Massachusetts will be sold at a Public Auction at 2:30 P.M. on February 2, 2006, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit: That parcel of land together with the buildings thereon and improvements situated thereon, located in Barnstable (Centerville), Barnstable County, Massachusetts, havinga street address of 71 BursleyWay (a/k/a 965 OldStage Road),Centerville, MA 02632. and being shown as LOT 5 on a plan of land entitled "Subdivision Plan of Land of (Centerville), Barnstable County, Massachusetts for: Lebel-Sol- lows Development Corp. Scale 1 "=50' , September 30, 1986 J M. Monahan Jr. & Associates Professional Land Surveyors & Engineers " , which said plan is duly filed in the Barnstable County Registry of Deeds in Plan Book 444, page 82. Said property is conveyed subject to and with the benefit of all easements, rights of way. rights, restrictions and reservations of record, insofar as same are in force and applicable. Property Address: 71 Washington Bursley Way Centerville, MA For mortgagor 's title see deed recorded with the Barnstable County Registry of Deeds in Book 17131 , Page 172. The premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, and subject to pnor liens or other enforceable encum- brances of record entitled to precedence over this mortgage, and subject to and with the benefit of all easements, restrictions reservations and conditions of record and subject to all tenancies and/or rights of parties in possession. Terms of Sale. Cash, cashier's or certified check in the sum of $5,000.00. as a deposit must be shown at the time and place of the sale in order to qualifyas a bidder (the mortgage holder and its designee(s) ai e exempt from this requirement): high 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, Korde & Associates, P.C.. 321 Bilterica Road. Suite 210. Chelmsford, MA 01824-4 100. c/o Sanjit S. Korde or such other time as may be designated by mortgagee. Other terms to be announced at the sale. Deutsche Bank National Trust Company, in trust for the benefit of the Certificate Holders of Soundview Home Loan Trust 2005-OPT 1 , Asset- Backed Certificates. Series 2005-OPT1 , present holder of said mortgage by its attorney Sanjit S Korde Korde & Associates. PC 321 Billerica Road. Suite 210 Chelmsford. MA 01824-4100 (978)256 1500 The Barnstable Patriot January 6. January 13 and January 20. 2006 Letters to the editor The Barnstable Patriot welcomes letters to the editor. Please keep them brief and either type or print them neatly.Include name, address and tele- phone number. Anony- mous letters will not be published, but names will be withheld upon request. Wereserve the rightto edit all submissions. THE BARNSTABLEPATRIOT P.O. BOX 1208 HYANNIS, MA 02601 OR E-MAIL TO letttrs@barnitablepatriol.com W£~ . E-mail your T1S| K legal ads to » TOWN OF BARNSTABLE PLANNING BOARD NOTICE OF PUBLIC HEARING MONDAY, FEBRUARY 6, 2006 AT 7:30 P.M. NEW TOWN HALL, SECOND FLOOR HEARING ROOM 367 MAIN STREET, HYANNIS, MA To all persons deemed interested in the Planning Board acting under Chapter 41, Sections 81A, through 81GG, and all amendments thereto of the General Laws of the Commonwealth of Massachusetts, and the Town of Barnstable Subdivision Rules and Regulations, you are hereby notified of a Public Hearing to be held on Monday,February6,2006at7:30PMinthe Hearing Room ofthe BarnstableTownHall, 367 Main Street, Hyannis, MAto consider a Subdivision Plan entitled"(Subdivision# 814) Definitive Plan Subdivision of Land in Barnstable (West Barnstable), MA prepared for Stephen Rowland" , dated October 3, 2005, revised December 23, 2005, scale 1" =40',drawn by down cape engineering, inc., Civil Engineers/Land Surveyors,939 MainStreet,Yarmouthport, MA,for a 2 lot subdivision on 6.07 acres of land. Land shown on the plan is located off Oak Street and Plum Street, West Barnstable, MA in a Residence RF Zoning District. The locus is shown onAssessors map 195, parcel 025. Copies of the applications and plans are available for review in the Office of the PlanningBoard,200 MainStreet,Hyannis, MA between the hours of 8.30 AM to 4.30 PM, Monday through Friday. David Munsell, Chairman , Planning Board The Barnstable Patriot January 20,2006and January 27, 2006 TOWN OF BARNSTABLE PLANNING BOARD NOTICE OF PUBLIC HEARING MONDAY, FEBRUARY 6TH , 2006 AT 7:15 P.M. NEW TOWN HALL, SECOND FLOOR HEARING ROOM 367 MAIN STREET, HYANNIS, MA To all persons deemed interested in the Planning Board acting underChapter40A , Section 9 and al! amendments therelo of the GeneralLaws ofthe Commonwealth of Massachusetts andthe Townof Barnstable Zoning Ordinances specifically Section 240-24.1 HyannisVillageZoning Districts, you are hereby notifiedof a Public Hearing to be held on Monday, February 6, 2006 at 7:15 PM in the Hearing Room of the Barnstable Town Hall, 367 Main Street , Hyannis, MA to consider a Special Permit under Sections 240.1-8.B and 24.12-12 for a drive-through bank facility for The Bank of Canton, 490 Turnpike Street, Canton,MA. These sections of theZonmg Ordinance provide drive-through banking facilities only by a special permit from the Planning Board. The applicant is seeking the permit to allow the reuse of an existing drive-through banking facility located at property addressed 145 Barnstable Road, Hyannis, MA, as shown on Assessor 's Map 327 as Parcel 244-001. It is zoned Hyannis Gateway District. Copies of the applications and plans are available for review in the Office of the PlanningBoard,200 Main Street,Hyannis, MA between the hours of 8.30 AM to 4.30 PM, Monday through Friday. David Munsell, Chairman, Planning Board The Barnstable Patriot January 20, 2006 and January 27, 2006