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Newspaper Archive of
Barnstable Patriot
Barnstable, Massachusetts
April 21, 2006     Barnstable Patriot
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April 21, 2006
 
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EVENTS CALENDAR CONTINUED FROM PAGE C:6 Massachusetts Audubon Society, Ashumet and Long Pasture Wildlife Sanctuary (508-362-1426, call for de- tailed information) Massachusetts Audubon Society, Wellfleet Bay Wildlife Sanctuary (508-349-2615 , Route 6 in Wellfleet , call for a complete schedule of events) Special notice: The Birding Cape Cod guide has been up- dated by the Audubon Society and the Cape Cod Bird Club. • April 27: Field trip to Hardings Beach in Chatham to visit and learn about the piping plover at 10 a.m. • April 28: Join the naturalists and hit the road to visit differ- ent birding hot spots at 9 a.m. or take an in-depth workshop at 1 p.m. to learn about the mechanics of flight. • April 30: Join staff and ex- plore Pilgrim Heights in search of the Eastern Massachusetts Hawk. Depart the sanctuary at 9 a.m. Massachusetts Audubon Society, Long Pasture Wildlife Sanctuary (Cummaquid , 508-362-1426) Waquoit Bay Reserve {508-457-0495 , Route 28, East Falmouth) • Professional development courses for educators in fish- ing, oceans and coasts , salt water studies, whales , local water issues, coastal habi- tats and more being held this winter and spring. Call now for details. Cape Cod Wildlife Center (185 Meadow Lane, West Barnstable, 508-362-0111 , www.capewildlife.org) Have your questions about wildlife answered daily from 9 a.m. to 5 p.m., or go to the Center's Web site at CapeWil- dlife.Org Warning: The Center strongly urges the public to not touch wild animals. If you must do so , wear thick rubber gloves. Better yet, call your local animal control department and let the profes- sionals handle the situation. ± " TALKS- Whither the fisheries? Ecologist and marine conser- vationist Carl Safina will speak April 30 at 4 p.m. at Cape Cod Community College on "History and Destiny in World Fisheries. " He is president of The Blue Ocean Institute and a winner of the Ma- cArthur Prize. Admission is free. Piercy to speak Novelist and poet Marge Piercy will read from her work and sign books May 4 at 7:30 p.m. at the Cotuit Center for the Arts. Tickets are $20 to $25. P* f WALKS. Winter picnic and walk Explore Crosby Landing in Brewster April 26. Bring a picnic lunch and meet at the CONTINUED ON PAGE C:E COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No 320845 TO Donald B Baker.MI and to all persons entitled to the benefit of the Servicemem- bers Civil ReliefAct Option One Mortgage Corporation claiming to be the holder of a Mortgage covering real property in Barnstable (Marstons Mills) numbered 110 Santuit-Newtown Road given by Donald B Baker. Ill toOptionOne Mortgage Corpora- tion, dated May 16 2003 and recordedwith the Barnstable County Registry of Deedsat Book 16954 Page 226 has filed with said court a complaint for authority to foreclose said mortgage in the manner following by entry and possession and exercise of power of sale If you are entitled to the benefits of the Servicemembers Civil Relief Act as amended and you object to such foreclosure you or your attorney should file a written appearance and answer in said oourt at Boston on or before the 22 day of May 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 April 2006. Deborah J Patterson Recorder The Barnstable Patriot April 21 2006 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No: 320607 TO Lome W Fellows; April D Fellows and to all persons entitled to the benefit of the Servicemembers Civil Relief Act Deutsche Bank National Trust Company. Trustee claiming to be the holder of a Mortgage covering real property inHyannis (Barnstable) numbered 104 Locust Street given by Lome W Fellows and April D Fellows to The New York Mortgage Company LLC dated September 2 2005 and recorded with the Barnstable County Registry of Deeds at Book 20229 , Page 231 and now held by the 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 benefitsof the Servicemembers Civil Relief Act 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 22' ; day of May 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 6" day of April 2006 Deborah J. Patterson Recorder The Barnstable Patriot April 21 . 2006 THE TRIAL COURT PROBATE AND FAMILY COURT DEPARTMENT BARNSTABLE DIVISION DOCKET NO. 06P0484EP1 Estate of THOMAS B TURLEY Late of BARNSTABLE In The County of BARNSTABLE Date of Death February 12, 2006 NOTICE OF PETITION FOR PROBATE OF WILL To all persons interested in the above captioned estate a petition has been presented praying that a document purporting to be the last will of said de- cedent be proved and allowed and that JEFFREY R TURLEY of VERONA in the STATE of WISCONSIN be appointed executor named in the will to serve without surety IF YOU DESIRE TO OBJECT THERETO. YOU OR YOUR ATTORNEY MUST FILE A WRITTEN APPEARANCE IN SAID COURT AT BARNSTABLE ON OR BEFORE TEN O'CLOCK IN THE FORENOON (10 00 AM) ON MAY 9, 2006. In additon you must file a written affidavit of objections to the petition stating specific facts and grounds upon which the objection is based within thirty (30) days after the return day (or such Other time as the court on motion with notice to the petitioner, may allow) in accordance with Probate Rule 16 WITNESS . HON ROBERT E TERRY ESQUIRE , First Justice of said Court at BARNSTABLE this day April 10 2006 FREDERIC P CLAUSSEN Register of Probate The Barnstable Patriot April 21, 2006 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No 320182 TO Thomas J Paulini. Trustee of TP Nominee Trust and to all persons entitled to the benefit of the Soldiers and Sailors Civil Relief Act of 1940 as amended Pensco Trust Company Custodian FBO Frank L Viola claiming to be the holder of a mortgage covering real property in West Yarmouth Barnstable County known as and numbered 627 and 633 Mam Street given by Thomas J Paulini TursteeofTP NomineeTrusttoFrankL Viola Individual Retirement Account USB Paine Webber dated January 22 2002 recorded with the Barnstable County Registry of Deeds in Book 14741 Page 49 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 15 day of May 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 30" day of March 2006 Deborah J Patterson Recorder The Barnstable Patriot April 21. 2006 H|lls@barnstablepatriot.™ 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 Michael T Robinson to Mortgage Electronic Registration Systems, Inc. dated July 8, 2005 and recorded with the Barnstable County Registry of Deeds at Book 20027 , Page 251, of which mortgage First Horizon Home Loan Corporation 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 May 3. 2006, on the mortgaged premises located at 11 Greenwood Avenue , Hyannis, (Barnstable) Barnstable County, Massachusetts , all and singular the premises described in said mortgagt TO WIT The land in Barnstable at or nearthe village of Hyannisport, so called, more particularly bounded and described as follows: LOT 1: On the North by a town Way called Scudder Avenue there measuring about 96.89 feet; on the Northeast by the curve of the private way called Greenwood Avenue, formerly Lover's Lane, on an arc there measuring about 89.80 feet, on the East by said Greenwood Avenue , there measuring about 105 feet; on the South by Lot 3, there measuring about 80.00 feet; and on the West by Lot 2, there measuring about 96.89 feet, containing 14,700 square feet or less. Being Lot 1as shown on plan entitled "Subdivision of Land in Hyannis and Hyannisport, Mass., Property of Alice S. Paine, Jennie K. Paine and Maud M. Bacon", made by George F Clements, C.E. August 1928, filed with the Barnstable County Registry of Deeds in Plan book 38. Page 91. The above-described premises are conveyed subject to andwiththe benefitof conditions and restrictions of record insofar as the same are now in force and effect . For mortgagor 's title see deed recorded with Barnstable County Registry of Deeds in Book 14781, Page 46 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, PC , 150 California Street, Newton, Massachusetts 02458 , or by mail to P.O. Box 610389, Newton High- lands, 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 FIRST HORIZON HOME LOAN CORPORATION Present holder of said mortgage By its Attorneys HARMON LAW OFFICES, PC. Hilary A Wyche. Esquire 150 California Street Newton, MA 02458 (617) 558-0500 The Barnstable Patriot April 7, April 14 and April 21 2006 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 Makeda S Kamara to Option One Mortgage Corporation dated January 14. 2005 and recorded with the Barnstable County Registry of Deeds at Book 19444, Page 35, of which mortgage GMAC Mortgage Corporation D/B/A Ditech com 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 11:00 a.m on May 15 2006 on the mortgaged premises located at 598 Pitcher's Way, Hyannis (Barnstable) Barnstable County, Massachusetts, all and singular the premises described in said mortgage. TO WIT: That certain parcel of land together with the buildings thereon situated in Barnstable (Hyannis). Barnstable County, Massachusetts , on the Easterly side of Pitcher's Way, so-called, and more particularly bounded and described as follows: On the NORTHWEST by land now or formerly of David S Marchant One Hundred Fifty (150) feet , more or less. On the NORTHEAST by land now or formerly of Priscilla Williams. Eighty-Four (84) feet, more or less; on the SOUTHEAST by land of Moses A Grace, Two Hundred (200) feet , more or less, and, on the SOUTHWEST by Pitcher 's Way, Eighty-four (84) feet, more or less. Meaning and intending to convey and hereby conveying the same premises conveyed to me/us by deed recorded herewith Subject to a first mortgage to Option One Mortgage Corporation dated January 14, 2005 and recorded with the Barnstable County Registry of Deeds at Book 19444, Page 25 in the original principal amount of $166,000.00 For mortgagor s title see deed recorded with Barnstable County Registry of Deeds in Book 19444. Page 20 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. PC . 150 California Street . Newton, Massachusetts 02458. or by mail to P.O Box 610389. Newton High- lands, Massachusetts 02461-0389, within thirty (30) days from the date of sale Deed will be provided to purchaser for recording upon receipt in full of the purchase price The description of the premises contained in said mortgage shall control in the event of an error in this publication Other terms , if any. to be announced at the sale GMAC MORTGAGE CORPORATION D/B/A DITECH.COM Present holder of said mortgage By its Attorneys HARMON LAW OFFICES. PC Rachelle D Willard . Esquire 150 California Street Newton. MA 02458 (617) 558-0500 The Barnstable Patriot April 21, April 28 and May 5. 2006 TOWN OF BARNSTABLE FISCAL YEAR 2007 OPERATING BUDGET PUBLIC HEARING NOTICE The Barnstable Town Council will conduct a public hearing on the Town's fiscal year 2005 Capital Improvement Plan Budget at 7:00 PM, May 18, 2006 The hearing will be held in the Council Hearing Room, 2nd floor Barnstable Town Hall, 367 Main Street . Hyannis Copies of the budget are available for inspection by the public in the Town Council's Office, 2nd floor Barnstable Town Hall and the Town Manager's Office, 2nd floor Barnstable Town Hall, Monday through Friday between the hours of 9:00 AM and 3 00 PM, and in the Town Libraries The Town Manager is recommending a Operat- ing Budget totaling $ The following Appropriation Orders are sponsored by the Town Manager and appeared on the Town Council's agenda for April 27. 2006 and were referred to a public hearing scheduled for May 18. 2006 APPROPRIATION ORDER 2006-104 Police Department ORDERED: That the sum of $10,991,249 be raised and appropriated for the purpose of funding the Town s FY 2007 Police Department budget as presented to the Town Council by the Town Manager APPROPRIATION ORDER 2006-105 Barnstable Municipal Airport Enterprise Fund ORDERED: That the sum of $5,892,986 be appropriated for the purpose of funding the Town s FY 2007 Airport Enterprise Fund budget, and to meet such appropriation that $5,892,986 be raised from current year revenues by the airport as presented to the Town Council by the Town Manager APPROPRIATION ORDER 2006-106 Education ORDERED: That the following sums be raised and appropriated for the purpose of funding the Town's FY 2007 Education budget as presented to the Town Council by the Town Manager $ 56,615,492 for the purpose of funding the Local School System $ 2,559,622 for the purpose of funding the Regional School District Assessment , $ 1,623,178 for the purpose of funding the Sturgis Common- wealth Charter School and School Choice Assessments APPROPRIATION ORDER 2006-107 Department of Public Works General Fund Budget ORDERED: That the sum of $7,484,563 be raised and appropriated for the purpose of fund- ing the Town s FY 2007 Department of Public Works General Fund budget as presented to the Town Council by the Town Manager APPROPRIATION ORDER 2006-108 Department of Public Works Solid Waste Enterprise Fund ORDERED: That the sum of $2,383,981 be appropriated for the purpose of funding the Town's FY 2007 Department of Public Works Solid Waste Enterprise Fund budget as presented to the Town Council by the Town Manager, and to meet such appropriation that $1,875,000 be raised from current year revenues by the solid waste facility and that $508,981 be transferred from the solid waste savings account APPROPRIATION ORDER 2006-109 Department of Public Works Wate r Pollution Controi Enterprise Fund ORDERED: That the sum of $4,445,456 be appropriated for the purpose of funding the Town's FY 2007 Department of Public Works Water Pollution Control Enterprise Fund budget as presented to the Town Council by the Town Manager and to meet such appropriation that $4,017,000 be raised from current year revenues by the water pollution control facility and that $428,456 be transferred from the water pollution control savings account APPROPRIATION ORDER 2006-110 Department of Public Works Water Supply Enterprise Fund ORDERED: That the sum of $2,400,000 be appropriated for the purpose of funding the Town s FY 2007 Department of Public Works Water Supply Enterprise Fund budget as presented to the Town Council by the Town Manager and to meet such appropriation that $2,400,000 be raised from current year Airport: $733 ,837 Golf Course: $175,000 Marinas: $31,885 Sandy Neck: $70,922 3) And further that the sum of $411,500 be transferred and appropriated from the Pension Reserve Account for the purpose of funding the Town s annual pension appropriation obligation under the provisions of Chapter 32 Section 22D and that the sum of $216,000 be transferred and appropri- ated from the Insurance Reserve Account for the purpose of funding the Town 's insurance costs. 4) And further that the sum of $30 ,600 be transferred from the Bismore Park Account $33 ,048 be transferred from the Wetlands Protection Account $45,545 be transferred from the Adult Social Day Revolving Fund $106,000 be transferred from the Mooring Fee Special Revenue Account , and $5 ,136,717 be transferred from the Genera l Fund savings ac count all for the purpose of funding the Town s FY 2007 general fund budget as presented to the Town Council by the Town Manager APPROPRIATION ORDER 2006-121 Special Revenue Fund (Embarkation Fee Special Revenue Account) ORDERED That the sum of $100,000 be appropnatedfor the purpose of funding the purchase of a new south side Harbormaster work-patrol boat outboard en gine trailer safety equipment and appropriate electronics as a replacement for a 24 year old 25 foot center console outboard boat used foi mooring enforcement buoy work emergency response and patrol that has reachea the end of its useful life and to meet this appropriation . $100,000 be trans- ferred from the Embarkation Fee Special Revenue Account and that the Town Manager is authorized to contract for and expend the appropriation made available for these purposes and be authorized to accept any grants or gifts in relation thereto REVOLVING FUNDS AUTHORIZATION ORDER 2006-122 ORDERED Pursuant to Chapter II Article XVIII-A Section 3 of the General Ordinances the Town Council hereby authorizes the following revolving funds for FY 2007 Fund Revenue Source Dept Officer Auth To Expend Funds Use of Fund Total Expenditure Limit FY 2007 Classroom Education Fund Program registration fees Senior Services Directoi Salaries benefits expenses contract services to operate program $35 000 Adult Social Day Fund Program registration fees Senior Services Director Sala nes benefits expenses contract services to operate program $150 000 Recreation Program Fund Program registration fees Recreation Director Salaries benefits expenses contract services to operate program $450 000 Shellfish Propagation Fund Fees from permits Natural Resources Director Salaries benefits expenses contract services shellfish equipment to operate program $100,000 Building Inspections Fund Fees from permits for municipal & private projects Building Commissioner Salaries benefits expenses contract services to operate program $150 000 Consumer Protection Fund Fees from weights & measures services Directoi Regulatory Services Dept Salaries benefits expenses contract services to operate program $150 000 Geographic Information Systems Fund Fees for GIS maps & reports Information Systems Director Materials and supplies needed to operate program $20 000 Police Training Fund Program registration fees Chief of Police Salaries benefits expenses contract services to operate program $50 000 Total $1,105,000 The Barnstable Patriot April 21 2006 revenues by the water supply operations APPROPRIATION ORDER 2006-111 Regulatory Services Department ORDERED: That the sum of $2,081,672 be raised and appropriated for the purpose of funding the Town's FY 2007 Regulatory Services Department budget as presented to the Town Council by the Town Manager APPROPRIATION ORDER 2006-112 Community Services Department General Fund Budget ORDERED: That the sum of $2,514,492 be raised and appropriated for the purpose of funding the Town s FY 2007 Community Services Department Budget as presented to the Town Council by the Town Manager APPROPRIATION ORDER 2006-113 Community Services Department Golf Course Enterprise Fund ORDERED: That the sum of $2,750,481 be appropriated for the purpose of funding the Town s FY 2007 Golf Course Enterprise Fund budget, and to meet such appropriation that $2,750,481 be raised from current year revenues by the golf course facilities. APPROPRIATION ORDER 2006-114 Community Services Department Marina Enterprise Fund ORDERED: That the sum of $633 ,739 be appropriated for the purpose of funding the Town s FY 2007 Marina Enterprise Fund budget and to meet such appropriation that $633 ,739 be raised from current year revenues by the marina facilities APPROPRIATION ORDER 2006-115 Community Services Department Sandy Neck Park Enterprise Fund ORDERED: That the sum of $444,172 be appropriated for the purpose of funding the Town s FY 2007 Sandy Neck Park Enterprise Fund budget and to meet such appropriation that $444,172 be raised from current year revenues by the Sandy Neck Park facilities APPROPRIATION ORDER 2006-116 Growth Management Department General Fund Budget ORDERED: That the sum of $1,054,991 be raised and appropriated for the purpose of funding the Town s FY 2007 Growth Management Department Budget as presented to the Town Council by the Town Manager APPROPRIATION ORDER 2006-117 Town Council Department ORDERED: That the sum of $238,588 be raised and appropriated for the purpose of funding the Town s FY 2007 Town Council budget as presented to the Town Council by the Town Manager APPROPRIATION ORDER 2006-118 Town Manager Department ORDERED: That the sum of $569,566 be raised and appropriated for the purpose of funding the Town s FY 2007 Town Manager budget as presented to the Town Council by the Town Manager APPROPRIATION ORDER 2006-119 Administrative Services Department ORDERED: That the sum of $5,230,610 be raised and appropriated for the purpose of funding the Town s FY 2007 Administrative Services Department budget as presented to the Town Council by the Town Manager APPROPRIATION ORDER 2006-120 Other Requirements ORDERED: 1) That the sum of $30,162,963 be raised and appropriated for funding the Towns FY 2007 Other Requirements Budget as presented to the Town Council by the Town Manager 2) And that the following sums be transferred from the Towns Enterprise Accounts for the purpose of funding Administrative Costs within the General Fund Water Pollution: $545,576 Solid Waste $309 ,706