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Newspaper Archive of
Barnstable Patriot
Barnstable, Massachusetts
April 28, 2006     Barnstable Patriot
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April 28, 2006
 
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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. Bet- ter yet, call your local animal control department and let the professionals handle the situ- ation. £ TALKS: Iraqi to speak to Quakers Samir Adil, founder of the Iraqi Freedom Congress, will speak on the "Third Way" in Iraq May 3 at 7 p.m. at the Yarmouth Friends Meeting House, 58 North Main St., South Yarmouth. The IFC's slogan is "No Shiia, No Sunni - We Believe in Human Iden- tity." 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 MacArthur Prize. Admission is free. What's cooking at Crosby? Bill Cook discusses and shows a video on the construc- tion of a 20' catboat May 2 at 7 p.m. at the Sturgis Library in Barnstable Village. 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. >^ WALKS: Sandwich expedition Explore the oldest town on Cape Cod, Sandwich, year- round on a 6.2-mile walk as part of the Walk 'n Mass Volkssport Club. Call 508-291- 1162 for details. LifeLines MS walk Locals will be rallying at Hyannis West Elementary School April 29 for the MS LiveLines Walk to fight multiple Sclerosis. Meet at the school at 10 a.m. for details call 800-493- 9255. Sandy Neck walk Sandy Neck Manager Nina Coleman leads a walk April 29 at 10 a.m. to explore the marsh. Learn about the flora and fauna, the tides and more. To register, call 508-771-2585. Walk for children and families The 6th Annual Walk of Hope to benefit children with cancer and their families is held May 6 at 10 a.m. with registration at 9:30 a.m. beginning a the Harwich Community Center, 100 Oak St. To sign up, call 508-430-6116. Take the Hyannis-JFK family compound walk Walk Hyannis and enjoy ocean views on a 10K jaunt beginning at the Heritage House Hotel, 259 Main Street in Hyannis. Walk sponsored by the Walk 'n Mass Volkss- port Club. Start times are daily sunrise to sunset. Information: 508-775-7000. JSS^IVOLUNTEERS: Hallet House needs museums The Captain Bangs Hallet House Museum is looking for volunteers to lead tours this summer. To get details call 508- 362-3021. Horizons needs help Energetic volunteers are needed for Horizons for Home- less Children with a shelter in Hyannis. If you have an extra two hours a week and want to make a difference in a child's life call 508-999-9454 to sign on. Fresh Air Fund needs hosts This summer children will be coming to the Cape to stay with host Fresh Air Fund families. If you are interested in hosting a child, call 508-896-4843. Visit www.freshair.org. Volunteers needed to man desks The Housing Assistance Cor- poration, 460 West Main St. in Hyannis, needs volunteers to do filing, copying, data input and more. Interested parties should call 508-771-5400, ext. 272. The Coast Guard wants you! The Coast Guard Heritage Museum in Barnstable Village needs people to be volunteer interpreters. Training is pro- vided. Call Al at 508-420-9810 to sign on. Massage therapists wanted The Pan-Massachusetts Challenge is Aug. 5 and 6 when massage therapists are needed to relieve the bones of the sore cyclists. To sign up call 800- WE-CYCLE or visit pmc.org. MSPCA needs help The MSPCA is looking for volunteers to clean, do laundry, transport animals, help with special events, foster care for cats and kittens and more. Volunteer orientation is held the first Thursday of the month at the shelter, 1577 Falmouth Road in Centerville. IEVENTSCALENDAR I COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No : 320450 TO: BetfilynThompson; EvelynR. O'Brien and to all persons entitled to the benefit of the Servicemembers Civil Relief Act. U.S. Bank, N.A., as Trustee claiming to be the holder of a Mortgage covering real property in Hyannis (Barnstable), numbered 29 Brookshire Road given by Bethlyn Thompson and Evelyn R. O Brien to Mortgage Electronic Registration Systems, Inc., dated August 15, 2005, and recorded with the Barnstable County Registry of Deeds at Book 20171, Page 276 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 court at Boston on or before the 22"d day of May 2006 or you may be forever barredfrom claiming that such foreclosure is invalid under said act. Witness , KARYN F SCHEIER, Chief Justice of said Court this 5'" day of April 2006. Deborah J. Patterson Recorder The Barnstable Patriot April 28, 2006 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No.: 320405 TO: Gerald Magid and to all persons en- titledto the benefit ofthe Servicemembers Civil Relief Act. Washington Mutual Bank f/k/a Washington MutualBank,FAclaiming to be the holder of a Mortgage covering real property in Hyannis, numbered 50 Skating Rink Road givenby Gerald Magid to Washington Mutual Bank, FA dated December 19, 2003, and registered with the Barnstable County Registry District of the Land Court as Document No. 952881 and noted on Certificate of Title No. 118925 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 ofthe Servicemembers CivilRelief 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 29m day of May 2006 or you may be forever barred from claiming that suchforeclosure is invalid under said act. Witness , KARYN F. SCHEIER, Chief Justice of said Court this 12tn day of April 2006. Deborah J. Patterson Recorder The Barnstable Patriot April 28, 2006 NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution ofthe Power of Sale contained in a certain mort- gage given by Caroline Marshall-Smith to Mortgage Electronic Registration Systems. Inc as nominee for Finance America, Inc dated 4/4/2005. registered with Barnstable County Registry District of the Land Court as noted on Certificate of Title No 154494. Document No. 998140 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 12:00 PM. on May 16. 2006 on the mortgaged premises. The entire mortgaged premises, all and singular, the premises as described in said mortgage. The land located in Barnstable (Hyannis) Barnstable County, Massachusetts, bounded and described as follows Northwesterly by Hinckley Road, fifty-nine (59) feet: Northeasterly by Lot 132-1, two hundred twenty-eight and 88/100 (228.88) feet; South- easterly by land now or formerly of Rodney Baxter, sixty-eight and 23/100 (68.23) feet, and Southwesterly by Lot 132-K . one hundred ninety-four and 61/100 (194.61) feet. All of said boundaries are determined by the Court to be located as shown on subdivision plan 11519-G (Sheet 1) dated July 23. 1949 drawn by Joseph Selwyn, Civil Engineer, and filed in the Land Registration Book 71. Page 19 with Certificate of Title No. 10599 and said land is sown thereon as Lot 132J. Said land is subject to and has the benefit ofthe easements restrictions and right set fort in Certificate of Title No. 10599. so far as the same are in force and applicable Said land is subject to the rights granted in an easement given to the Cape & Vineyard Electric Company et al dated May 24. 1946. being Document No 18.186 Said land is subject to the rights granted in an easement given to the Barnstable Water Company dated June 13. 1949. being Document No 24 336 Said land is subject to a taking of Hinckley Road by the Town of Barnstable dated April 6. 1950. being Document No 26,875 Said land is granted subject to all mortgages of record For title reference, see Certificate of Title No 154494 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 Inthe event of any typographicalerror set forth herein in the legaldescription of the premises the description as set forth and contained in the mortgage shall control by reference This property has the address of 252 Hinckley Road Hyannis, MA 02601 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 allfixtures 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 assess- ments 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 (S10.000 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 De due in thirty (30) days at the offices of Doonan Graves & Longona. L L C . 100 Cummings Center Suite 213C Beverly Massachusetts 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 high- est bidder providing that said second highest bidder shall deposit with the Mortgagee s attorneys DOONAN. GRAVES S LONGORIA L L C 100 Cummings Center Suite 213C Beverly Massachusetts 01915 the amount ofthe required deposit as set forth herein within three (3) business days after written notice of the default ofthe previous highest bidder and title shall be conveyed to the said second highest bidder within twenty (20) 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. & LONGORIAL L C .(hereinafter called the "Escrow Agent") until the deed shall be released from escrow to the successful bid- der 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 April 18, 2006 US Bank National Association as Trustee , By John A Doonan Esq DOONAN GRAVES & LONGORIA L L C . 100 Cummings Center. Suite 213C , Beverly MA 01915 (978) 921-2670 www dgandl com (2318 34/Marshall-Smith)(04/2 1/06 04/28/06 05/05/06)(67785) The Barnstable Patriot April 21. April 28 and May 5. 2006 MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by Aracy G.S Martins to Mortgage Electronic Registration Systems, Inc. ("MERS"), acting solely as nominee for Lender (Full Spectrum Lending, Inc.) and Lender's successors and assigns dated July 12, 2004, and recorded in the Barnstable County Registry of Deeds inBook 18822, Page296, of which mortgage the undersigned 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 Tuesday the 23™ day of May, 2006. on the mortgaged premises located at 83 Uncle Willies Way, Hyannis, Barnstable County, Massachusetts, all and singular the real estate described in said mortgage as follows: ". . . . the following described property located in the COUNTY of BARNSTABLE: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF EXHIBIT A The land in Barnstable (Hyannis), Barnstable County, Massachusetts, together with any buildings thereon, described as follows: Being Lot 11 containing 11,158 square feet, more or less, as shown on a plan of land entitled: "Subdivision Plan of Land in Hyannis, Barnstable, Mass., for John A. Drew, Scale 1" - 40', December 19, 1975, Baxter & Nye, Inc., Registered Land Surveyors, Osterville, Mass.", which said plan is duly filed in the Barnstable County Registry of Deeds in Plan Book 302. Page 69 There is appurtenant to said lot the right to use the ways shown on said plan as Masa's Place . Uncle Willies Way and Alicia Road for all purposes for which streets and ways are commonly used within the Town of Barnstable, John A. Drew expressly reserves to himself the fee in the aforementioned ways. Said lot is subject to an easement to Southern Massachusetts Telephone Company dated April 14. 1914 and recorded in said Registry in Book 326, Page 259. Subject to an easement to Cape & Vineyard Electric Company, et al dated January 13, 1960 and recorded in Book 1067, Page 120 Subject to water easement to Barnstable Water Company dated May 28, 1976 and recorded in Book 2346, Page 115. Subject to an easement to New England Telephone & Telegraph Company et al dated June 30, 1976 and recorded in Book 2365, Page 208. Subject to and with the benefit of restrictions set forth in deed recorded in Book 2645, Page 228 For title reference, see deed recorded with said Registry of Deeds in Book 4793, 244. Parcel ID Number 123456789 which currently has the address of 83 UNCLE WILLIES WAY. HYANNIS. Massachusetts 02601 ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part ofthe property All replacements and additions shall also becovered by this Security Instrument. All of the forgoing is referred to in this Security Instrument as the "Property" Said premises will be sold subject to and/or with the benefit of any and all restrictions , easements, improvements , covenants, outstanding tax title, municipal or other public taxes, assessments , liens or claims in the nature of liens, and existing encumbrances of record created prior to the mortgage, if any there be. Said premises will also be sold subject to all leases and tenancies having priority over said mortgage, to tenancies or occupations by persons on the premises now or at the time of the said auction which tenancies or occupations are subject to said mortgage, to rights or claims in personal property installed by tenants or former tenants now located on the premises, and also to all laws and ordinances including, but not limited to . all building and zoning laws and ordinances. THE TERMS OF SALE. FIVE THOUSAND and 00/100 ($5,000.00), DOL- LARS will be required to be paid by bank or certified check only by the purchaser at the time and place of sale, and the balance of the purchase price shall be paid by bank or certified check in or within thirty-five (35) days thereafter with Attorneys Stanton & Davis 1000 Plain Street . Marshfield. Massachusetts The successful bidder at the sale of the premises shall be required to sign a Memorandum of Sale of Real Property By Auctioneer containing the above terms at the Auction sale Other terms, if any to be announced at the time and place of the sale SIGNED MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC (MERS"). ACTING SOLELY AS NOMINEE FOR LENDER (FULL SPECTRUM LENDING. INC (AND LENDER'S SUCCESSORS AND ASSIGNS Present Holder of Said Mortgage By STANTON & DAVIS As its Attorneys FROM THE OFFICES OF Jon S Davis. Esquire STANTON & DAVIS 1000 Plain Street Marshfield. MA 02050 (781)834-9181 The Barnstable Patriot April21.April28 and May5.2006 TOWN OF BARNSTABLE ACCESSORY AFFORDABLEAPARTMENT PROGRAM NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE 6:00 P.M.- MAY 24, 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 2006-039 Marinho Chapter 40B Comprehensive Permit Ezio F Marinho has applied to the Zoning Board of Appeals for a Comprehensive Per- mit 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 Apartment Program." The applicant is seeking to convert an existing unpermitted studio apartment in the lower level of the principle residence into an accessory affordable apartment. The property is shown on Assessor's Map 291 as Parcel 316, addressed 117 Hamden Circle, Hyannis, MA in a Residential B Zoning District. Appeal 2006-046 Hughbanks Chapter 40B Comprehensive Permit Stephen L. and Noralyn G. Hughbanks have applied to the Zoning Board of Appeals for a Comprehensive Permit under Chapter 40B of the General Laws of the Common- wealth of Massachusetts and in accordance with Section 9-14 of the Code of the Town of Barnstable, more commonly termed the "Accessory Affordable Apartment Program." The applicants are seeking to convert an existing unpermitted studio apartment in the lower level of the principle residence into an accessory affordable apartment. The property is shown on Assessor 's Map 102 as Parcel 071, addressed 92 Gooseberry Lane, Marstons Mills, MA in a Residential F Zoning District. Appeal 2006-048 Tobey Chapter 40B Comprehensive Permit Joan B. Tobey 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 Apartment Program.'' The applicant is seeking to convert an existing unpermitted one-bedroom apartment in the lower level of the principle residence into an accessory affordable apartment. The property is shown on Assessor's Map 291 as Parcel 297, addressed 53 Connemara Circle, Hyannis, MA in a Residential B Zoning District. Revoked Comprehensive Permit Hearing Atthe request ofthe MonitoringAgentfortheAccessory Affordable Housing Program and in accordance with Section 9-14 ofthe Code ofthe Town of Barnstable, more commonly termed the "Accessory Affordable Apartment Program", and the comprehensive permit issued, the Hearing Officer of the Zoning Board of Appeals will hold a public hearing to show cause why the following comprehensive permits shall not be revoked: Comprehensive Permit2004-102 issued October4, 2004to Deidra C Larnis for 1183 Shcottlying Hill Road, Centerville, MA. (Map 190, Parcel 081) Comprehensive Permit 2003-082 issued October 9, 2003 to Samuel C. Traywick for 149 Sea Street, Hyannis, MA. (Map 307, Parcel 061) These Public Hearings will be held at 6:00 P.M. in the Barnstable Town Hall, 367 Main Street, Hyannis, MA, Hearing Room, 2nd Floor, on Wednesday, May 24, 2006. The Comprehensive Permit files may be reviewed at the Growth Management Department, 367 Main Street, Hyannis, MA. Gail Nightingale, Hearing Officer Zoning Board of Appeals The Barnstable Patriot April 28 and May 5, 2006 NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Byvirtue andinexecution ofthe Power of Salecontained inacertain mortgage given byAnthony J. McDonald to Mortgage Electronic Registration Systems, Inc., dated March 24, 2005 and recorded with the Barnstable County Registry of Deeds at Book 19651, Page 127, of which mortgage Mortgage Electronic Registration Systems, Inc is the present holder,for breach ofthe 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 15 2006, on the mortgaged premises located at 65 Blackberry Lane, Hyannis, Barnstable "nunty, Massachusetts, all and singular the premises described in said mortgage, TO WIT: Acertainparceloflandsituated in Hyannis,withthe buildingsthereon located in Barnstable County, Massachusetts, and described as follows: EASTERLY by Blackberry Lane, as shown on hereinafter mentioned plan, one hundred eighty-four and 81/100 (184 81) feet; SOUTHEASTERLY by Blackberry Lane and a Turn Around as shown on said plan, there measuring eighteen and 78/100 (18 78) feet and twenty-six and 59/100 (26.59) feet; SOUTHWESTERLY by land of Ernest Childs as shown on said plan, one hundred seventy-three (173) feet; NORTHWESTERLY: by lot 7 as shown on said plan, one hundred thirty-five and 97/100 (135.97) feet; Containing 14,830 square feet, more or less , and being shown as Lot 8 on a plan of land entitled " Blueberry Hill' Subdivision Plan of Land in Centerville- Hyannis, Barnstable Mass for Robert S. Elliot Drawn by: JR S. Scale: 1 inch = 60 feet , dated June 18, 1964, Charles N Savery Inc., Registered Engineers Surveyors Cotuit Falmouth Cape Cod", which said plan is duly recorded in the Barnstable County Registry of Deeds, Plan Book 187, Page 51 ALSO, another certain parcel of land situated n Hyannis, Barnstable County, Massachusetts, bounded and described as follows: NORTHEASTERLY: by a portion of Lot 7 and by Lot 8, hereinabove described, two hundred (200) feet; SOUTHEASTERLY: by Lot 9 as shown on hereinabove mentioned plan, sixty-six (66) feet; SOUTHWESTERLY: by land of Ernest Childs and Mary Harmon, two hundred (200) feet; and NORTHWESTERLY: by land of Randolph Childs sixty-six (66) feet; Containing 13,200 square feet of land, more or less. The above described premises are conveyed together with a right of way as appurtenant to said land over the 40 foot ways shown on said plan, for free ingress and egress to and from said lot and Old Strawberry Hill Road and New Strawberry Hill Road as shown on said plan, in common with others who are now or may be hereafter entitled thereto. The above described premises are conveyed subject to the following restrictions , ap- purtenant to the remaining land of Robert S. Elliot. 1. No dwelling or other building shall be erected on above lot, except for use and occupancy of a single family; there shall, however, be permitted the usual appurtenant garage and outbuildings. 2. No building shall be erected on above lot except that the plans and specifications therfor shall first be approved in writing by said Robert S Elliot. The above described premises are subject to an Easement to the Cape and Vineyard Electric Company et al dated September 4, 1964, duly recorded with the Barnstable County Registry of Deeds; Subject also to a water easement duly recorded with said Deeds. Subject to a reservation in Robert S. Elliot of a right of way over so much of said lot as by implication of law lies within the limits of any way and the right to grant easements to public service corporations for the installation and maintenance of public utilities in, over, under and upon any private way. Being the same premises conveyed torne by deed of Richard W Griffith et ux, dated September 30, 1981 recorded with said Deeds in Book 3370, Page 17 For title see deed recorded herewith For mortgagor 's title see deed recorded with Barnstable County Registry of Deeds in Book 19651, Page 125. 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 TenThousand ($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, PC , 150 California Street, Newton, Massachusetts 02458, or by mail to PO 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Present holder of said mortgage By its Attorneys HARMON LAW OFFICES. PC Kellie E Army, Esquire 150 California Street Newton. MA 02458 (617) 558-0500 The Barnstable Patriot April 21. April 28 and May 5. 2006 i I Subscribe Today(508) 771-1427