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Barnstable Patriot
Barnstable, Massachusetts
May 12, 2006     Barnstable Patriot
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May 12, 2006
 
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AMENDMENT TO TOWN OF BARNSTABLE TRAFFIC, PEDESTRIAN AND TOW-AWAY ZONE REGULATIONS Approved this date, May 5, 2006 the Town Manager of the Town of Barnstable, does hereby amend the Town of Barnstable Traffic , Pedestrian and Tow-Away Zone Regulations, Part IV, Section4-6, Schedule No. 3, September 15, 1994, to establish NO PARKING zones in the village of Barnstable as follows. Instaill "NO PARKING EITHER SIDE" on Freezer Road in Barnstable Signs to be located entire length of Freezer Road on both sides from Mill Way to end of road. John C Klimm, Town Manager Town of Barnstable The Barnstable Patriot May 12, 2006 THE TOWN OF BARNSTABLE NOTICE OF TOWN MANAGER PUBLIC HEARING Town Manager, John C, Klimm, will hold a public hearing on a request of various taxicab operatorsto amendSection 3,Rate of Fare, (taxicab) of Article V Fares, ofthe Townof Barnstable Rules andRegulations of Taxicab Operators, replacing it with a new higher fare more reflective of the cost of providing the service. The hearing will be held in the 2nd Floor Hearing Room, Barnstable TownHall, 367 Main St., Hyannis, MA. at 10:00 a.m. on Wednesday, May 31, 2006. Comments are invited in writing before the hearing or in person at the hearing. The currenttaxicab rate is $2 OOforthe first 2/5 of a mile and 500 for each additional 1/5 mile. The proposed rate is $2,50 for the first 2/5 of a mile and 600 for each additional 1/5 mile The current rate was established in 2000 John C. Klimm, Town Manager The Barnstable Patriot May 12, 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 Patricia 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 located in 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 ofthe Land Court as Document No 893833, as affected by a Note and Open-End Mortgage Modification Agreement dated December 7, 2002 and filedwith said Registry District ofthe 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 be subject to any leases andtenancies having priority 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 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. 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 Terms of 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 written 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 NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE By virtue andin execution ofthe Power of Sale contained in a certain mortgage given by Bethlyn Thompson and Evelyn R. O'Brien to Mortgage Electronic Registration Systems, Inc., datedAugust 15,2005 and recorded with the Barnstable County Registry of Deeds at Book 20171, Page 276 of which mortgage U.S. Bank, N.A., as Trustee 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 3:00 p.m. on June 2, 2006, on the mortgaged premises located at 29 Brookshire Road, Hyannis (Barnstable), Barnstable County, Massachusetts, all and singular the premises described in said mortgage, TO WIT: The landv/iththe buildings thereon located in Barnstable (Hyannis), Barnstable County, Massachusetts, bounded and described as follows: NORTHERLY by Brookshire Road, 83.68 feet; NORTHWESTERLY by Brookshire Road, by an arc having a radius 20 31 feet, 31,59 feet; WESTERLY by said Brookshire Road, 52 34 feet; SOUTHERLY by Lot 30, 102.34 feet; and EASTERLY by Lot 28, 73 94 feet For mortgagor's title see deed recorded with Barnstable County Registry of Deeds in Book 18819, Page 170. The 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 restriction, easements , improvements , liens or encumbrances is made in the deed . TERMS OF SALE: Adeposit of Five Thousand ($5,000 00) Dollars by certi- fied or bank check will be required to be paid by the purchases 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 Highlands, Massachusetts 02461-0389 within thirty (30) days from the date of the sale Deed will be provided to purchaser for recording upon receipt in full of the purchase price. The description ofthe 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. U S BANK, N.A. AS TRUSTEE Present holder of said mortgage By Its Attorneys, HARMON LAW OFFICES, PC Neil W Heiger, Esquire 150 California Street Newton, MA 02458 (617) 558-0500 The Barnstable Patriot May 12, 19 and 26, 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 right to edit all submissions. THE BARNSTABLE PATRIOT P.O. BOX 1208 HYANNIS, MA 02601 OR E-MAIL TO letters@barnstablepatriot.com TOWN OF BARNSTABLE OLD KING'S HIGHWAY HISTORIC DISTRICT NOTICE OF PUBLIC HEARING MAY 24, 2006 To all persons deemed interested or affected by the Town of Barnstable's Old King's Highway Historic District Act under Section 9 of Chapter 470. Acts of 1973 as amended You are hereby notified that a hearing will be held on Shanahan, Tom & Stacy, Susan, 17 Indian Trail Road, Barnstable, Map 335, Parcel 019 Alterations & Replacement Windows Drew, Estate of Lisa, 1255 Mary Dun Road, Barnstable, Map 334, Parcel 002-008 Alterations & Replacement Windows Devine, William , 90 Pine Street, West Barnstable, Map 153, Parcel 024 Replacement Windows Hallam, Robert & Suzanne, 40 Josiah's Path, West Barnstable, Map 109, Parcel 093 Pool & Fence Perlmutter, Aaron, 111Allyn Lance, Barnstable, Map 259, Parcel 015-001 Alterations to Driveway Cummaquid Heights Association, Marstons Lane & 6A , Cummaquid New Fence Eide, Dorothy Anne, Sandy Neck , Barnstable, Map 338, Parcel 017 Alterations to existing Cottage Bean, Douglas, 82 Deer Jump Hill Road, West Barnstable, Map 133, Parcel 039 New Detached Garage Lavallee. Diane, 42 Cobble Stone, Road, Barnstable, Map 316, Parcel 055 Landscaping. Fence & Basketball Court Lancaster, Patrick , & Gryboski,Ann. 11Coach Lane, Barnstable, Map 298, Parcel 072 Freestanding Garage & Fence Myrbeck, Peter & Patricia, 85 Acre Hill Road, Barnstable, Map 297, Parcel 077 Addition to existing house Palle William & Marilyn, 500 Marstons Lane, Barnstable, Map 348, Parcel 026 Demolish existing deck Palle William & Marilyn, 500 Marstons Lane, Barnstable, Map 348, Parcel 026 New Sunroom & Deck Simpkins. Marguerita, Lot 5G, Main Street/6A. Barnstable, Map 335, Parcel 019 New House & two-car attached Garage These hearings will be held in the Community Building, 2377 Meetinghouse Way (Route 149). West Barnstable, MA. at 7.00 PM on Wednesday. May 24, 2006 All applications and plans may be reviewed at the Town of Barnstable, Planning Division, Office of Old King's Highway Historic District, Town Offices , 200 Main Street, Hyannis, MA. Patricia Anderson , Chairman The Barnstable Patriot May 12, 2006 TOWN OF BARNSTABLE PUBLIC HEARING PUBLIC WORKS ECONOMIC DEVELOPMENT GRANT APPLICATION Pursuantto the requirements ofthe Massachusetts Executive Office ofTransportation and Construction (EOTC) Public Works Economic Development (PWED) Grant Program,the Townof Barnstable, throughits Growth Management Department is invitingallinterested parties to review and comment on their PWED application on Monday May 22, 2006 from 4 00 pm to 6:00 pm in the Hearing Room of the Barnstable Town Hall, 367 Main Street, 2 r ° Floor, Hyannis, MA 02601 The Growth Management Department is apply- ing for funds to implement improvements to the sidewalks, roadway, and multipurpose path proposed for Bearse's Way, Hyannis (from Route 28 south to North Street) and to improvements to the sidewalk, roadway, and construction of an additional sidewalk on Bassett Lane, Hyannis (from Bearse s Way to Stevens Street) and on Stevens Street, Hyannis from (Bassett Lane to Mam Street). All interested parties are welcome to at- tend the hearing and will be afforded an opportunity to be heard. The hearing room is handicap accessible and interpreters are available upon request. The Barnstable Patriot May 12. 2006 NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Byvirtue and in execution ofthe Power of Salecontainedinacertain mortgage given by LouAnn A. Calogero a/k/a Louann A. Calogero to Wells Fargo Home Mortgage, Inc., dated January 26, 2004 and recorded with the Barnstable County Registry of Deeds at Book 18174, Page 24 of which mortgage Wells Fargo Bank, N.A. successor by merger to Wells Fargo Home Mortgage, Inc. is the present holder, for breach of the conditions of said mortgage and for the purpose of foreclosing same will be sold at Public Auction at 4:00 pm on June 2, 2006, on the mortgaged premises located at 39 Pine Grove Avenue, Hyannis (Barnstable), Barnstable County, Massachusetts, all and singular the premises described in said mortgage, TO WIT: A certain parcel of land on the North side of the State Highway in the village of Hyannis, Barnstable County, Massachusetts , more particularly bounded and described as follows: ON THE EAST by a cart road leading from the State Highway to the land of George W. Toney, about 101.62 feet , more or less, ON THE SOUTH by land of Louis H. Bearse about 124 feet, more or less; ON THE WEST by Herring Brook, so-called, about 101.62 feet, more or less; and ON THE NORTH by land now or formerly of Elizabeth B. Bearse about 100 feet, more or less. The above-described premises is subject to andtogetherwiththe benefit ofall rights, right of ways, easements, restriction, reservation,covenants and encumbrances of record, insofar as the same are now in force and applicable. Fortitle reference see deed from Frances Peters and Elizabeth R. DeGrace , dated July 31, 2002, recordedwith Barnstable County Registry of Deeds in Book 15424, page 102. For mortgagor 's title see deed recorded with Barnstable County Registry of Deeds in Book 15424, Page 102. The 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 restriction, easements, improvements , liens or encumbrances is made in the deed.. TERMS OF SALE: Adeposit of Five Thousand ($5,000 00) Dollars by certi- fied or bank check will be required to be paid by the purchases 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 Highlands, Massachusetts 02461-0389 within thirty (30) days from the date of the sale Deed will be provided to purchaser for recording upon receipt in full of the purchase price. The description ofthe 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. WELLS FARGO BANK, N.A. SUCCESSOR BY MERGER TO WELLS FARGO HOME MORTGAGE, INC. Present holder of said mortgage By Its Attorneys, HARMON LAW OFFICES, PC Matthew G. Howells, Esquire 150 California Street Newton, MA 02458 (617) 558-0500 The Barnstable Patriot May 12. May 19 and May 26, 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 Eric Abdow a/k/a Eric Abdow. Sr. to Mortgage Electronic Registration Systems, Inc.. as nominee for Aegis Mortgage Corporation d/b/a UC Lending dated 10/31/2001, recorded with Barnstable County Registry of Deeds as noted on Certificate of TitleNo. 157566 , Document No 849417 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 P.M. on June 7, 2006, on the mortgaged premises. The entire mortgaged premises , all and singular, the premises as described in said mortgage: A certain parcel of land, with the buildings thereon, situated in Dennis (Port), Barnstable County. Massachusetts , and shown as Lots 5, 8, and 9 on Plan 34953-A , with an address of 47 Ellis Drive, Dennisport , MA 02639, Subject to and with the benefit of easements , reservation, restrictions, and taking of record , if any, insofa r as the same are now in force and applicable. Inthe event of any typographical error set forth herein inthe legaldescription of the premises, the description as set forth and contained in the mortgage shall control by reference This property has the address of 47 Ellis Drive, Dennisport, MA 02639 Together with ail 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 all fixturesnow or hereafter a part ofthe 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 tra nsfer fees, if any there are and TEN THOUSAND DOLLARS ($10,000.00) 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 be due in thirty (30) days, at the offices of Doonan , Graves & Longona, LLC , 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 builaing 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 successfu l 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 & LONGORIA L L C , 100 Cummings Center, Suite 213C Beverly, Massachusetts 01915 the amount of the required deposit as set forth herein within three (3) business days after written notice of the default of the 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 &LONGORIALLC (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 May 9 2006 Mortgage Electronic Registration Systems, Inc . its successors and assigns as nominee for Aegis Mortgage Corporation d/b/a UC Lending, By John A Doonan Esq DOONAN GRAVES. & LONGORIAL L C , lOOCummings Center Surte 213C Beverly MA 01915 (978) 921-2670 www dgandl com 11200 78F2/Abdow)(05/12/06 05/19/06 05/26/06)168183) The Barnstable Patnot May 12, May 19 and May 26 2006 ( NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution ofthe Power of Sale contained in a certain mortgage given by Manuel Joseph Brito Jr to Mortgage Electronic Registration Systems, Inc as nominee for Aegis Lending Corporation dated 7/29/2004 . registered with Barnstable County Registry District of the Land Court as noted on Certificate of Title No 106784. Document No 975997 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 1:00 P.M. on June 7, 2006. on the mortgaged premises The entire mortgaged premises , all and singular, the premises as described in said mortgage That certain parcel of land situated in Hyannis. in the County of Barnstable and Commonwealth of Massachusetts , bounded and described as follows SOUTH- ERLY by Princess Pine Road, eighty-two and 56/100 (82 56) feet SOUTHWESTERLY by the junction of said Road and Fawcett Lane, eighty-seven and 44/100 (87 44) feet: WESTERLY by said Lane forty-one and 79/100 (41 79) feet NORTHERLY by Lot 88. one hundred thirty-five and 25/100 (135 25) feet , and EASTERLY by Lot 90 one hun- dred and 59/100 (100 59) feet All of said boundaries are determined by the court to be located as shown on subdivision plan 22825-P (Sheet 2) dated March 20. 1964 drawn by Nelson Bearse-Richard Law Surveyors , and filed in Barnstable County Registry of Deeds in Land Registration Book 125 . Page 104 with Certificate of Title No 17164 and said land is shown thereon as Lot 89 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 typographical error set forth herein in the legal description ofthe premises the description as set forth and contained in the mortgage shall control by reference This property has the address of 30 Princess Pine 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 all fixtures now or hereafter a part ofthe 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 FIVE THOUSAND DOLLARS ($5 000 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 be 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 ad|ourned 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 & LONGORIA L L C 100 Cummings Center Suite 213C Beverly Massachusetts 01915 the amount of the required deposit as set forth herein within three (3) business days after written notice of the default of the 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 successfu l bidder shall be held in escrow by DOONAN GRAVES & LONGORIALLC . (hereinafter called the 'Escrow Agent") until the deed shall be released from escrow to the successfulbid- 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 May 9 2006. Mortgage Electronic Registration Systems Inc By JohnA Doonan Esq DOONAN GRAVES & LONGORIA L L C 100 Cummings Center Surte 213C Beverly MA 01915 '978) 921-2670 www dgandl com (1410 03/Bnto)(05/ 12/06. 05/19/06 05/25/06)/68362) The Bamstabie Patnot May 12. May 19 and May 26 2006 TOWN OF BARNSTABLE NOTICE OF PUBLIC HEARING TownManager. John C Klimm. will hold a public hearing on proposed changes to the Town of Barnstable Shell- fish . Eel. Herring andAquaculture Regula- tions Said public hearing will be held on Thursday. May 25. 2006 at 1 00 p.m. in the New Town Hall Hearing Room, Town Hall. 2"a Floor. 367 Main Street, Hyannis, MA. Full text of the proposed changes is available for review during regular business hours in the Office of the Town Manager.367 Mam Street, Hyannis, MA, Any interested party is invited to comment and attend this hearing John C Klimm Town Manager The Barnstable Patriot May 12, 2006 BE SURE TO SAYTHANKS7 FOR US... ^ ^ I WhenYouPatronize Our Advertisers! f ) pailyour legal ads to legals@barnstablepaMnH