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Newspaper Archive of
Barnstable Patriot
Barnstable, Massachusetts
May 5, 2006     Barnstable Patriot
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May 5, 2006
 
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EVENTSCALENDAR CONTINUED FROM PAGE C:6 holding several classes this winter. Among the offerings is Toddler Time, Pre-K Prep, Infant Time, Down on the Farm, American Red Cross Babysitting, Story and Craft Hour, a cooking class and more. For details, call 508-539-8788. § NATURE: Woods Hole Oceanographic Institution (Redfield Auditorium, Water Street, Woods Hole, 508-289- 2398) Barnstable Land Trust (720 Main Street, Hyannis, 508-771-2585) Help to save the Cordwood property by dressing your pup in a Dogs of Eagle Pond Doggie Bandana, available by sending a check for $27 to the BLT, P.O. Box 224, Cotuit, MA 02635 or by calling 508-771-2585. All proceeds benefit the cause. Cape Cod Canal Visitor Center (Cape side of the Canal, Ed Mof- fit Drive, across from the Sandwich Coast Guard Station. Information, 508-833-9678.) Attractions include a retired 41-foot U.S. Army Corps of Engineers' patrol boat, real time radar and camera images of the Canal, a theater showing continuous presentations on the Canal history, bookstore, rangers presenting ongoing free programs and more. Call 978-318-8636. Cape Cod National Seashore (Salt Pond Visitor Center, Nauset Road, off Route 6 in Eastham, 508-255-3421; Province Lands Visitor Center, Race Point Road, off Route 6 in Provincetown, 508-487-1256. Call for details.) Thornton W. Burgess Society/Green Briar Nature Center (6 Discovery Hill Road in East Sandwich. 508-888-6870. Hours are Monday through Saturday, 10 a.m. to 4 p.m. and Sunday from 1 to 4 p.m. 508-888-6870, www.thornton- burgess.org) Critter Capers is held every Friday at 10:30 a.m. when a naturalist leads a tour to visit the resident animals. And every Saturday morning at 10:30, it's Animal Story Time with stories about Peter Rabbit and friends. Every Tuesday and Friday morning at 10:30, a volunteer leads walks in the Shirley G. Cross Wildflower Garden. Notice: Sign up now for summer programs for ages four and up. Canoeing, crafts, tidal pools, woodland safari, dinosaurs, bugs and more. Programs run July 5 through August. Museum open from 10 a.m. to 4 p.m. on Monday through Saturday and from 1 to 4 p.m. on Sunday. Admission is by donation. • May 7: Second annual Tur- tle Day from 1 to 4 p.m. when turtles are the main topic. Play games, check out the exhibits, take part in crafts and more. • May 10: Learn to make cranberry rum relish at 6:30 p.m. Materials provided. • May 13: Full moon walk to explore nature under the sky during the Flower Moon, 7 p.m. • May 19 through 21: 25th Annual Herb Festival, 10 a.m. to 4 p.m. Featured attrac- tions include a plant sale, herb luncheon, exhibits, discussions and more. Cape Cod Museum of Natural History (508-896-3867, Route 6A in Brewster) Nature walks, talks, les- sons, trips, a museum shop and library, family programs and more are offered. Current exhibits include an interactive coastal exhibit, marine exhibits, birds, more. • May 9: Discussion and presentation on seals by Tora Johnson, for graduate credit students and those auditing the course. RSVP. • May 11: Training for Mudflat Mania begins today at 9:30 a.m. and runs for the next three Thursdays. Learn about the creatures living on the flats so you can share your knowledge this summer on tours. Massachusetts Audubon Society, Ashumet and Long Pasture Wildlife Sanctuary (508-362-1426, cali 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) • May 6: Hawk watching at Pilgrim Heights with leader, 9 a.m. to 3 p.m. Or, explore the sanctuary and look for signs of spring at 10 a.m. Chatham seal cruise at 10:30; call for pre-reg- istration. • May 7: Warbler Watch at Beech Forest in Provincetown at 7:30 a.m. or sleep in a bit and go hawk watching at Pil- grim Heights in Truro at 9 a.m. • May 10: Kayak trip on the tidal rivers from Stage Harbor to North Monomoy. Dennis Murley leads the trip that runs from 9 a.m. to noon. • May 13: Chatham seal cruise around South Beach and Monomoy at 3 p.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 fishing, oceans and coasts, salt water studies, whales, local water issues, coastal habitats 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: To impeach or not to impeach A public forum on impeach- ing the president and vice president will be held May 12 at 7 p.m. at Cape Cod Commu- nity College. The free session will pit independent candidate for Congress Peter White (yea) against columnist Francis Broadhurst (nay), with colum- nist and educator Larry Brown speaking on reasons Democrats shouldn't call for impeachment at this time. Marine art lecture and reception Marine artist John Stobart discusses his work May 20 at 3 p.m. at the Sturgis Library, 3090 Main St. in Barnstable Village. Wine and cheese reception follows the talk. Tickets at the door are $20. Proceeds benefit the library and the Barnstable Historical Society. /t# 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. 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. 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 Patricia H. Cummings to Accredited Home Lenders, Inc., dated May 15, 2001 and recorded with the Barnstable County Registry of Deeds at Book 13850, Page 290, of which mortgage Select Portfolio Servicing, Inc. 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 PM on May 15, 2006, on the mortgaged premises located at 501 Oakland Road, Hyannis, MA 02601, all and singular the premises described in said mortgage, TO WIT: The landwiththe buildings thereon situated in Barnstable (Hyannis), Barnstable County, Commonwealth of Massachusetts, bounded anddescribed as Easterly by the Westerly sidelineof Oakland Road,as shown on a plan hereinaftermentioned. One Hundred and Thirty Five and 00/100 (135 00) feet, Southerly by Lot 11 as shown on said plan, One Hundred and thirty and 33/100 (130.33) feet, Westerly by land formerly of V.E. Jones as shown on said plan, One Hundred and Thirty-Five and 00/100 (135.00) feet, and Northerly by Lot 13, as shown on said plan, One Hundred and Thirty One and 19/100 (131 19) feet. Being shown as Lot 12 on plan of land entitled, "Subdivision of Land in Hyannis, Massachusetts, for Saul M. Taffae, et ux, Scale 1" = 60', July 1966, David H. Greene,Surveyor,Hyannis,Massachusetts", said plan beingdulyfiledwiththe Barnstable County Registry of Deeds in Plan Book 206 Page 57 There is a granted as appurtenant to the above described premises a right of way over Oakland Road to be used for all purposes for which ways are commonly used in the Town of Barnstable and to be used in common with all others who are now or may hereafter become legally entitled hereto. The above described premises are conveyed subject to restrictions as set forth in a deed from Saul M. Taffae and Helen E Taffae to Joseph F. Coughlin, which said deed is fully recorded with the Barnstable County Registry of Deeds in Book 1449 Page 252. For our Title, see deed to us dated March 25, 1971, recorded in the Barnstable County Registry of Deeds in Book 1504 Page 766 For mortgagor's(s') title see deed recorded with Barnstable County Registry of Deeds in Book 10450, Page 342 These premises will be sold and conveyed subject to and with the benefit of all rights, rights of way, restrictions, easements, right of ways, 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 andany other municipal assessments or liensor existing encumbrances of record which are in force and are applicable, having priority over said mortgage,whetheror not referenceto such restrictions,easements,improvements,liens, or encumbrances is made inthe deed TERMS OF SALE:Adeposit of TEN THOUSAND ($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 ABLITT& CHARLTON,P.C., 92 MontvaleAvenue, Suite 2950, Stoneham, MA 02180, other terms and conditions will be provided at the place of sale 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 Present holder of said mortgage, By its Attorneys, Brian T.LaManna, Esq., ABLITT & CHARLTON, P.C.,92 Montvale Avenue. Suite 2950. Stoneham, MA 02180, (781)246- 8995, Dated: 04/12/2006 (61 0626/Cummings)(04/21/06, 04/28/06, 05/05/06)(67713) The Barnstable Patriot April 21, April 28 and May 5, 2006 TOWN OF BARNSTABLE LICENSING AUTHORITY NOTICE OF PUBLIC HEARING ALTERATION OF PREMISES FOR OUTSIDE DINING In accordance with Chapters 136, 138 and 140ofthe GeneralLaws, as amended, Scott Lopes, LLC d/b/a Pizza Wave ,3864 Falmouth Road, Marstons Mills, Scott Lopes, Manager, holding an Annual Wine & Malt Common Victualler License, has petitionedthe Barnstable LicensingAuthor- ity for a Alteration of Premises to include the following to its license description: "Addition of 4 small picnic tables to seat 4 people each, placed outside in front of the PizzaWave. Increase incapacity from 45 to 61 people. " Said hearing will be held on Monday, MY 15, 2006 at 9:30 a.m. or as soon following as practical in the Town Hall Building, 2nd Floor Hearing Room, 367 Main Street, Hyannis. Martin E. Hoxie, Chair. Gene Burman Paul Sullivan Richard Boy Barnstable Licensing Authority The Barnstable Patriot May 5, 2006 TOWN OF BARNSTABLE LICENSING AUTHORITY NOTICE OF PUBLIC HEARING ALTERATION OF PREMISES In accordance with Chapter, 138 of the General Laws, as amended, Harbour Club, Inc., d/b/a Trader Ed's, Wayne Kurker, Manager, 11Willow Street, Hyannis,Ma has petitionedthe Barnstable Licensing Authority for Alteration of Premises to their Seasonal, All Alcohol, Common Victualer License. The additional description is proposed to read as follows: "Addition of a second tent,60' x 130' for special events." Said hearing will be held on Monday, May 15, 2006 at 9:30 a.m. or as soon following as practical in the Town Hall Building, 2pd Floor Hearing Room, 367 Main Street, Hyannis Martin E. Hoxie, Chairperson Gene Burman Paul Sullivan Richard Boy Barnstable Licensing Authority The Barnstable Patriot May 5, 2006 MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain Mort- gage and Security Agreement given by Raymond J Wysocki , Jr., and Mary Patncia Wysocki to Wells Fargo Century, Inc., having offices located at 119 West 40th Street, 10th Floor. New York, New York, 10118 dated December 19, 2003 and duly filed with Barnstable County Registry District of the Land Court as Document No. 952896 and noted on Certificate of Title No 167301, of which mortgage the undersigned is the present holder, for breach of conditions contained in said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction upon the mortgaged premises located at 45 Seapuit Road, Barnstable (Osterville), Massachusetts, at 11:00 o'clock A M on June 2, 2006, all and singular, the premises described in said mortgage, to wit: Acertain parcel of land locatedin Barnstable (Osterville). Barnstable County. Massachusetts , and described as follows: LOT 12 as shown on a plan of land entitled "Plan of Land in (Osterville), Barnstable, Mass Being a Subdivision of Lot 8 as shown on L C C 15055H Scale 1" - 50' Date July 2. 1996. Baxter & Nye, Inc Registered Land Surveyors Civil Engi- neers Osterville. Mass " Filed with the Land Court at Boston as Land Court Plan No. 150551. See Certificate of Title No 167301 The above described premises will be sold SUBJECT TO a first mortgage from Raymond J Wysocki and Mary P Wysocki to Webster Bank dated November 15, 2002 and filed with said Registry District of the Land Court as Document No 893833, as affected by a Note and Open-End Mortgage Modification Agreement dated December 7, 2002 and filed with said Registry District of the Land Court as Document No 898541, both being noted on Certificate of Title No 167301 There is also included in the sale all equipment and fixtures situated on the above described premises to the extent the same are part of the realty Said premises will be conveyed subject to and/or with the benefit of any and all restrictions, easements, improvements, covenants, outstanding tax titles, 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 willalso besubject to any leases andtenancies havingpnonty over said mortgage, to tenancies or occupation by persons on the premises now and at the time of said auction which tenancies or occupation are subject to said mortgage, to nghts 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. TERMS OF SALE The highest bidder shall be required to deposit cash or certified check in the amount of Seventy-five Thousand ($75,000 00) Dollars at the time and place of sale, the balance to be paid in or within thirty (30) days thereafter to be deposited in escrow with counsel for the mortgagee pending delivery of a foreclosure deed which shall be mortgagee s only further responsibility The successful bidder shall be required to sign a Memorandum of Termsof Sale containing the above terms at the Auction sale 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 the foreclosure, the Mortgagee reserves the right to sell the property by Foreclosure Deed to the next highest bidder that shall successfully deposit with Mortgagee s attorneys Ruberto. Israel & Weiner, PC . the amount of the required deposit as set forth herein within three (3) business days after wntten notice of default of the previous highest bidder, the balance to be paid in or within thirty (30) days to be deposited, and deed to be transferred , as outlined hereinabove The deposit paid at the time of the sale shall be forfeited if the purchaser does not comply strictly with the terms of the sale The purchaser will be responsible for all closing costs state documentary stamps and recording fees Other terms to be announced at the time and place of sale WELLS FARGO CENTURY, INC Present Holder of said Mortgage By its Counsel. James C Fox, Esquire Ruberto. Israel & Weiner. PC 100 No Washington Street Boston . Massachusetts 02114 (617) 742-4200 The Barnstable Patriot May 5. May 12 May 19. 2006 TOWN OF BARNSTABLE GROWTH MANAGEMENT DEPARTMENT NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS Toall interested agencies, community groups,andpersons withintheTownof Barnstable. On or about the May 15, 2005, the Town of Barnstable will submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of funds under Title 1 of the Housing and Community Act of 1974 (PL93-383) for the following programs and activities. 1. 427 Main Street. Hvannis. MA 02601 Town of Barnstable, GMD, EDSI Grant, $48,122 Exterior renovations and facade improvements to include removal and replace- ment of exterior surfaces, new exterior running trim elements, and several new vinyl-clad windows. The activities proposed are categorically excluded under HUD regulations at 24 CFR Part 58 from National Environmental PolicyAct (NEPA) requirements. An Environmental Review Record (ERR) that documents the environmental determinations for this project is on fileat the Townof Barnstable's Growth Management Department, 367 Main Street, 3,a Floor, Hyannis, MA 02601 where the ERR can be examined and copied Monday through Friday from 8:30am to 4:30pm. PUBLIC COMMENTS Any individual, community group, or agency may submit written comments on the ERR to the Townof Barnstable, Growth Management Department, 367 Main Street, 3,a Floor, Hyannis, MA 02601. All comments received by May 12, 2006 will be considered by the Town of Barnstable prior to authorizing submission of a request for release of funds. RELEASE OF FUNDS The Town of Barnstable certifies to HUD that John C. Klimm in his capacity as Town Manager consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities under NEPA have been satisfied HUD's approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the Town of Barnstable to use Program funds. OBJECTIONS TO RELEASE OF FUNDS HUD/State will accept objections to its release of fund and the RE's certification for a period of fifteen days following the anticipated submission date or its actual receipt of the request (whichever is later) only if they are on one of the follow- ing bases: (a) the certificationwas not executed by the Certifying Officer of the name of RE, (b) the RE has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR part 58; (c) the grant recipient or other participants in the development process have committed funds, incurred costs or undertaken activities not authorized by 24 CFR Part 58 before approval of a release of funds by HUD/State. or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfac- tory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58, Sec. 58.76> and shall be addressed to HUD/State administration office at address of that office Potential objectors should contact HUD/State to verify the actual last day of the objection period John C Klimm, Town Manager Town of Barnstable 367 Main Street, Hyannis, MA 02601 The Barnstable Patnot May 5, 2006 NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Premises. 800 Bearses Way, Unit#1NE, Cape Crossroads Condominiun Barnstable (Hyannis), Massachusetts By virtue and in execution of the Power of Sale contained in a certain mort- gage given by Joanne C. Chalifoux a/k/a Joanne C. McPhee and Jason M McPhee to Household Finance Corporation II and now held by Jomax, LTD.. said mortgage dated September 10, 2003 and registered with the Barnstable County Registry District of the Land Court as Document No. 940867 as noted on Certificate of Title No C33-1NE. for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at on May 25, 2006 at 10:00 a.m Local Time upon the premises, all and singular the premises described in said mortgage, to wit The following property in Barnstable, Massachusetts: A certain condominium unit situated in Barnstable (Hyannis), Barnstable County, Massachusetts, more particularly described as follows Unit No. 1NE of Cape Crossroads Condominium created by Master Deed dated March 3, 1976 recorded with the Barnstable County Registry District of the Land Court as Document No. 204,841 noted on Certificate of Title C33-1NE. The condominium is shown on land Court Plan 30582-E-1 Being the same property conveyed from Norman Pomarantz and Frances B Pomarantz to Joanne C. Chalifoux by Deed recorded March 25. 2002 in Document No. 865,785 in the Register's Office of Barnstable County, Massachusetts. The description of the property contained in the mortgage shall control in the event of a typographical error in this publication For Mortgagor's Title see deed dated March 25, 2002 and registered with the Barnstable County Registry District of the Land Court as Document No 865,785 and noted on Certificate of Title No C33-01NE. Said Unit will be conveyed together with an undivided percentage interest in the Common Elements of said Condominium appurtenant to said Unit and together with all rights, easements, covenants and agreements as contained and referred to in the Declaration of Condominium, as amended TERMS OF SALE: Said premises will be sold and conveyed subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens and assessments , if any, which take precedence over the said mortgage above described SUBJECT TO: ApnormortgagedatedMarch25 2002 and registered with the Barnstable County Registry Distnct of the LandCourt as Document No 865.786 and noted on Certificate of Title No. C33-01NE. SUBJECT TO: A prior mortgage dated March 25 2002 and regis- tered with the Barnstable County Registry District of the Land Court as Document No 865,787 and noted on Certificate of Title No C33-01NE FIVE THOUSAND ($5,000 00) Dollars of the purchase price must be paid in cash, certified check , bank treasurer's or cashier's check at the time and place of the sale by the purchaser The balance of the purchase price shall be paid in cash certified check, bank treasurer's or cashier's check within thirty (30) days after the date of sale Other terms to be announced at the sale Shechtman Halpenn Savage. LLP 1080 Main Street Pawtucket. Rl 02860 Attorney for Jomax , Ltd Present Holder of the Mortgage (401)272-1400 The Barnstable Patnot April 28, May 5 and May 12. 2006 TOWN OF BARNSTABLE LICENSING AUTHORITY NOTICE OF HEARING NEW ANNUAL ALL ALCOHOL COMMON VICTUALLER LICENSE AND PLEDGE OF LICENSE The Barnstable Licensing Authority will hold a public hearing in accordance with Chapter 138 of the General Laws, as amended, on the application of The Eclectic Restaurant Corp., Eclectic Cafe, 602-606 Main Street , Hyannis, Marc Percuoco, Manager for a NewAnnual All Alcohol Common Victualler License. Hours of operation to 8:00 am to 1:00 am. Also requested is a Pledge of the license to Robert Bradley, Trustee, Eclectic Cafe Realty Trust. Said hearing will be held on Monday, May 15, 2006, at 9:30 a.m. or as soon following as practical in the Town Hall Building, 2nd Floor Hearing Room, 367 Main Street, Hyannis. Martin E. Hoxie, Chairperson Gene Burman Paul Sullivan Richard Boy Barnstable Licensing Authority The Barnstable Patriot May 5, 2006 TOWN OF BARNSTABLE LICENSING AUTHORITY NOTICE OF HEARING NEW ANNUAL ALL ALCOHOL COMMON VICTUALLER LICENSE The Barnstable Licensing Authority will hold a public hearing in accordance with Chapter 138 of the General Laws, as amended, on the application of Compass Rose Catering, Ltd., d/b/a Compass Rose BBQ and Bakes,448 MainStreet,Hyannis, Donald Cox, Manager for a New Annual AllAlcohol Common Victualler License. Hours of operation will be Monday through Saturday from 8 am to midnight; Sunday from 11am to midnight,with reduced hours in the winter months Also requested is outside dining on a private patio. Said hearing will be held on Monday, May 15, 2006, at 9:30 a.m. or as soon following as practical in the Town Hall Building, 2nd Floor Hearing Room , 367 Main Street, Hyannis. Martin E. Hoxie, Chairperson Gene Burman Paul Sullivan Richard Boy Barnstable Licensing Authority The Barnstable Patriot May 5, 2006