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Barnstable Patriot
Barnstable, Massachusetts
June 9, 2006     Barnstable Patriot
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June 9, 2006
 
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UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION NOTICE OF APPLICATION ACCEPTED FOR FILING AND SOLICITING MOTIONS TO INTERVENE, PROTESTS, AND COMMENTS (May 19, 2006) Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a Type of Application. Preliminary Permit b. Project No: 12670-000 c Date filed: April 17, 2006 d Applicant: Massachusetts Tidal Energy Company e. Name of Project: Cape and Islands Tidal Energy Hydroelectric Project f. Location: The project would be located in a section of the Vineyard Sound in Barnstable and Dukes Counties, Massachusetts. g. Filed Pursuant to: Federal Power Act, 16 U.S.C. §§791(a) - 825(r) h Applicant Contacts: Joseph A Cannon, Pillsbury Winthrop Shaw Pittman LLP, 2300 N Street, NW, Washington, DC. 20037, phone: (202)-663-8000, and Charles B. Cooper,TRC Environmental,Boott MillsSouth, 116John St., Lowell,MA01852, phone: (978)-656-3567. i. FERC Contact: Chris Yeakel, (202) 502-8132. j. Deadline for filing comments , protests, and motions to intervene: 60 days from the issuance date of this notice TheCommission's Rules of Practice and Procedurerequire all intervenorsfiling documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor filescomments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. Description of Project: Description of Project: The proposed project would consist of: (1) 50 to 150 Tidal In Stream Energy Conversion (TISEC) devices consisting of, (2) rotating propeller blades, (3) integrated generators with a capacity of 0.5 to 2.0 MW, (4) anchoring systems, (5) mooring lines; and (6) interconnection transmission lines The project is estimated to have an annual generation of 8.76 gigawatt-hours per-unit per-year, which would be sold to a local utility. I. Locations of Applications: A copy of the application is available for inspec- tion and reproduction at the Commission in the Public Reference Room, located at 888 First Street NE, Room 2A, Washington DC. 20426, or by calling (202) 502-8371 This filing may also be viewed on the Commission's website at http://www.ferc.gov using the "eLibrary" link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail FERCOnlineSupport@ferc.gov. For TTY, call (202) 502-8659 A copy is also available for inspection and reproduction at the address in item h above. m Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission , n. Competing Preliminary Permit -Anyone desiring to filea competing applica- tion for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application (see 18 CFR 4.36). Submission of a timely notice of intent allows an inteiested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the par- ticular application. A competing preliminary permit application must conform with 18 CFR 4.30(b) and 4.36. o Competing Development Application -Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specifed comment date for the particular application, either a competing development application or a notice of intent to file such an application Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30(b) and 4.36. p. Notice of Intent - A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit , if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice q Proposed Scope of Studies under Permit - A preliminary permit , if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project r. Comments , Protests, or Motions to Intervene - Anyone may submit com- ments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385 210, .211, 214. In determining the appropriate action to take,the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments , protests, or motions to intervene must be received on or before the specified comment date for the particular application. Comments , protests and interventions may be filed electronically via the Internet in lieu of paper: See 18 CFR. 385.2001 (a)(1)(iii) and the instructions on the Commissions web site under "e-filmg" link. The Commission strongly encourages electronic filing. s. Filing and Service of Responsive Documents -- Any filings must bear in all capital letters the title "COMMENTS", "RECOMMENDATIONS FOR TERMS AND CONDITIONS", "PROTESr ,"COMPETING APPLICATION" OR "MOTION TO INTER- VENE", as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission,888 First Street, N E .Washington , DC. 20426 A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. t. Agency Comments -- Federal, state, and local agencies are invited to file comments on the described application A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Magalie R. Salas Secretary The Barnstable Patriot May 26, June 2, June 9 and June 16, 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 Frederick Durham and Leticia Durham to Option One Mortgage Corporation dated March 5, 2004 and recorded with the Barnstable County Registry of Deeds at Book 18301 Page 286 of which mortgage Option One Mortgage 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 10 00 a m on June 21, 2006, on the mortgaged premises located at 100 Mountain Ash Road, Marston Mills (Barnstable), Barnstable County Massachusetts , all and singular the premises described in said mortgage TO WIT the land with the buildings thereon, situated in Barnstable (Marstons Mills), Barnstable County, Massachusetts, bounded and described as follows: Lot 20 A and Lot 20B, being shown on a plan of land entitled "Plan of Land in Barnstable (Marstons Mills), Massachusetts, Prepared For: Hans-Joerg A. Szim- metat , November 20, 1981, Scale: 1" = 30' Cape Cod Survey Consultants P.O. Box 56 Hyannis, MA 02601", which plan is duly recorded at the Barnstable County Registry of Deeds in Plan Book 360, Page 93. Said land is described as follows: NORTHERLY AND NORTHEASTERLY by Mountain Ash Road, on a curve, by three courses,total- ling 231.63 feet, SOUTHEASTERLY by Lot 5 and a portion of Lot 4, on said plan,by two courses totalling 216.43 feet; and NORTHWESTERLY by Lot 19A and Lot 19B, on said plan, 215.47 feet. Containing about 27,069 square fee. Said premises are conveyed together with a right of way for all purposes for which Ways are used in the Town of Barnstable over the Ways as shown on said plan in common with all persons now or hereafter lawfully entitled thereto. Said land is conveyed subject to and with the benefit of all matters of record to the extent the same are in force and applicable. See Book 10658, Page 256. For mortgagors title see deed recorded with Barnstable County Registry of Deeds in Book 10658. Page 256 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 restriction , easements, improvements liens or encumbrances is made in the deed TERMS OF SALE A deposit of TenThousand ($10,000 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. P C 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 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 OPTION ONE MORTGAGE CORPORATION Present holder of said mortgage By Its Attorneys HARMON LAW OFFICES PC Anna D Avolio, Esquire 150 California Street Newton. MA 02458 (617) 558-0500 The Barnstable Patriot May 26. June 2 and June 9. 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 Thomas P Lee and Cynthia A Lee to Chemical Bank, N A dated April 12, 1993 and recorded with the Barnstable County Registry of Deeds at Book 8522, Page 192 of which mortgage Chase Home Finance LLC, successor by merger to Chase Manhattan Mortgage Corporation, successor by mergerwith Chase Mortgage Company, f/k/a Chemical Mortgage Company 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 11:00 am on June 20, 2006, on the mortgaged premises located at 2Chopteaque Lane, Marstons Mills (Barnstable), Barnstable County, Massachusetts , all and singular the premises described in said mortgage, TO WIT: Acertam parcelof landtogetherwith the buildingsthereon situated inBarnstable (Marstons Mills), Barnstable County, Massachusetts, bounded and described as follows: SOUTHEASTERLY by Chopteaque Lane as shown on hereinafter-mentioned plan eighty-three and 42/100 (83.42) feet; SOUTHEASTERLY again,by the intersectionof Chopteaque Lane and Chippmgstone Road as shown on said plan, an arc distance of fifty-seven and 95/100 (57 95) feet , NORTHEASTERLY by Chippingstone Road as shown on said plan, a distance of one hundred twenty-six and 32/100 (126,32) feet , NORTHWESTERLY by landof owners unknown, a distance ofone hundred thirty-eight and 50/100 (138 50) feet; and SOUTHWESTERLY by Lot 15 as shown on said plan, a distance of one hundred sixty and 32/100 (160 32)feet Containing 20.380 square feet of land, more or less, and being shown as LOT 14 on plan entitled "Wakeby Estates Subdivision Plan of Land in Barnstable, Mass as surveyed for Green Pond Realty Trust Scale 1" = 100', May 1, 1973" duly filed with the Barnstable County Registry of Deeds in Plan Book 272, Page 92 Together with a right of way over the streets and ways shown on said plan for all pur- poses for which ways are commonly used in the Town of Barnstable in common with others lawfully entitled thereto. Subject to the conditions of Declaration of Restrictive Covenants dated July 14, 1975 as may be in force and applicable and recorded in said Registry of Deeds in Book 2209, Page 315. Subjectto andwith the benefitof alleasements,restrictions and other matters of recorded if any there be, insofar as the same are in full force and applicable. For mortgagors ' title see deed recorded with Barnstable County Registry of Deeds in Book 6948, Page 268 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 restriction,easements , improvements , liens or encumbrances is made in the deed.. TERMS OF SALE: A deposit 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 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 CHASE HOME FINANCE LLC, SUCCESSOR BY MERGER TO CHASE MANHATTAN MORTGAGE CORPORATION. SUCCESSOR BY MERGER WITH CHASE MORTGAGE COMPANY. F/K/A CHEMICAL MORTGAGE COMPANY .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 May 26, June 2 and June 9, 2006 Know the Market. Know the Town. Only inQfyt $m$tMt $attt0t Independent & Locally Owned Since 1830 396 Main St., Suite 15. Hyannis. MA 02601 • 508/771-1427* Fax 508/790-3997 E-mail: info®bamstablepatriot com • www .bamstablepatriot.com K i Ml i HI iJ TOWN OF BARNSTABLE PLANNING BOARD NOTICE OF PUBLIC HEARING MONDAY, JUNE 26, 2006 AT 7:15 P.M. NEW TOWN HALL, SECOND FLOOR HEARING ROOM 367 MAIN STREET, HYANNIS, MA To all persons deemed interested in the Planning Board acting under Chapter 40A , Section 9, and all amendments thereto of the General Laws of the Commonwealth of Massachusetts and the Town of Barnstable Zoning Ordinances specifically Section 240-24 1 Hyannis Village Zoning Districts , you are hereby notified of a Public Heanng to be held on Monday. June 26. 2006 at 7 15 PM in the Hearing Room of the Barnstable Town Hall, 367 Main Street,Hyannis. MAto consider Special Permit application 2006-03 under Sections 240-24 1 3(C)(1)(a)[3] Maximum BuildingSetback and 240-24 1 3(D)(4) Reduction of Parking Required to allow reasonable retail access and adequate parking associated with the construction of a retail and residential multi-use facility 16 residential units, 23.946 sq ft. and 5 retail units.12,315 sq ft The applicant is Code Realty, LLC and property is addressed 70 Center Street, Hyannis. MA and shown on Assessor s Map 327 as Parcel 154 in the Hyannis Village Business District Copies of the applications and plans are available for review in the Office of the Plan- ning Board. 200 Main Street. Hyannis. MA between the hours of 8 30 AM to 4 30 PM Monday through Friday David Munsell. Chairman Planning Board The Barnstable Patriot June 9 and June 16 2006 > < NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mort- gage given by Ronald A. Perocchi and Christine M. Perocchi to Washington Mutual Bank, FA, dated November 24, 2004 and recorded with the Barnstable County Registry of Deeds at Book 19301, Page 259 of which mortgage Washington Mutual Bank f/k/a Washington Mutual Bank, FA 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 July 5, 2006, on the mortgaged premises located at 110 Beth Lane, Hyannis, Barnstable County, Massachusetts , all and singular the premises described in said mortgage . TO WIT: The land in with the buildings thereon, situated in Hyannis. Barnstable County. Mas- sachusetts, and shown as Lot 29 - 110 Beth Lane, on a plan entitled "PLAN OF LAND IN HYANNIS, BARNSTABLE, MASS FOR CAPE INVESTMENT TRUST" recorded in Plan Book 271, Page 84, in the Barnstable County Registry of Deeds, bounded and described as follows: WESTERLY Bythe sideline of Beth Lane,one hundred twenty-fiveand 00/100 (125.00) feet; NORTHERLY By Lot 28, one hundred twenty and 00/100 (120 00) feet, EASTERLY By Lots 16 and 15, one hundred twenty-five and 00/100 (125 00) feet; SOUTHERLY By Lot 30, one hundred twenty and 00/100 (120 00) feet Containing 15,000 square feet. Being the same premises conveyed to these mortgagors by deed of Chemical Bank , as trustee, dated August 28, 1995 and recorded with the Barnstable County Registry of Deeds in Book 9826 Page 134. For mortgagors' title see deed recorded with Barnstable County Registry of Deeds in Book 9826, Page 134. 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 restriction , easements , improvements , liens or encumbrances is made in the deed TERMS OF SALE: A deposit 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 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 WASHINTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK FA 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 June 9. June 16 and June 23. 2006 MORTGAGEE'S NOTICE OF SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain Mortgage given by Richard P. Malone to Compass Bank for Savings dated June 25, 2004 and Regis- tered with the Barnstable County Registry District of the Land Court as Document No 971693, noted on Certificate of Title No 173484 of which Mortgage the undersigned 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 10:00 AM on the 30"' day of June, 2006 at 106 Upper County Road, Dennis (Dennisport), Massachusetts 02639, all and singular the premises described in said Mortgage, to wit: The landwiththe buildings thereon in Dennis in the County of Barstable and Commonwealth of Massachusetts, described as follows: Lots 1& 2 on plan recorded on plan 41884-A Subjectto andtogether withallrights,restrictions,easements,reserva- tions and encumbrances of record. For title see deed recorded herewith. The premises are to be sold subject to and with the benefit of all easements , restric- tions, building and zoning laws, unpaid taxes , tax titles, water bills, municipal liens and assessments, rights of tenants and parties in possession TERMS OF SALE Adeposit ofFIVETHOUSANDDOLLARSAND00CENTS ($5,000 00)shall be required to be paid to the mortgagee in cash, by certified or bank s cashier check at the time and place of sale The balance of the purchase price is to be paid in cash, by certified check or by bank's cashier check in or within thirty (30) days from the date of the sale TIME WILL BE OF THE ESSENCE. Other terms if any, to be announced at the sale Sovereign Bank successor by merger to Compass Bank for Savings Present Holder of said Mortgage, By Its Attorneys, Barron S Stadefld. PC Thomas V Bennett 100 Cambridge Street. Suite 1310 Boston. MA 02114 617-723-9800 The Barnstable Patriot June 2, June 9 and June 16 MORTGAGEE'S NOTICE OF SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain Mortgage given by James L Boardman to The Prudential Savings Bank . FSB dated February 12 2002 and Recorded with the Barnstable County Registry of Deeds at Book 14887. Page 180 of which Mortgage the undersigned is the present holder by assignment, for breach of the conditions of said Mortgage and for the purpose of foreclosing same will be sold at Public Auction at 9 00 AM on the 23,a day of June, 2006 at 9 Cheney Road, East Orleans . Massachusetts 02643, all and singular the premises described in said Mortgage, to wit NON REGISTERED LAND THE LAND IN ORLEANS (EAST), BARNSTABLE COUNTY MASSACHU- SETTS.TOGETHERWITH THE BUILDINGSTHEREON . BOUNDED AND DESCRIBED AS FOLLOWS NORTHERLY BY LOT #15. A DISTANCE OF ONE HUNDRED TWENTY-TWO AND 68/100 (122.68) FEET. AS SHOWN ON A PLAN HEREINAFTER MENTIONED: EASTERLY BY LAND NOW OR FORMERLYOF LESLIE H LEWIS ET UX. A DISTANCE OF ONE HUNDRED FORTY AND 01/100 (140.01) FEET AS SHOWN ON SAID PLAN, SOUTHERLY BY LOT#13 ,ADISTANCE OF ONE HUNDREDTWENTY-FOUR AND 44/100 (124 44) FEET, AS SHOWN ON SAID PUN, AND WESTERLY BY CHENEY ROAD. A 40 PRIVATE WAY. A DISTANCE OF ONE HUNDRED FORTY AND 00/100 (140 00) FEET. AS SHOWN ON SAID PLAN CONTAINING AN AREA OF 17.200 SQUARE FEET. MORE OR LESS AND BEING SHOWN AS LOT #14 ON A PLAN ENTITLED "SUBDIVISION PLAN OF LAND IN ORLEANS. MASS MADE FOR HOWARD M ROGERS SCALE 1 IN =60 FT JULY 1959NICKERSON &BERGERCIVILINGINEERS.ORLEANS. MASS"WHICH PLAN IS RECORDED IN THE BARNSTABLE COUNTY REGISTRYOF DEEDS IN PLAN BOOK 150, PAGE 107 The premises are to be sold subject to and with the benefit of alleasements, restrictions , building and zoning laws, unpaid taxes , tax titles water bills, municipal liens and assessments , rights of tenants and parties in possession TERMS OF SALE: Adeposit of FIVE THOUSAND DOLLARSAND 0OCENTS ($5 000 00) shall be required to be paid to the mortgagee in cash, by certified or bank s cashier check at the time and place of sale The balance of the purchase price is to be paid in cash by certified check or by bank s cashier check in or within thirty (30) days from the date of the sale TIME WILL BE OF THE ESSENCE. Other terms if any, to be announced at the sale PNC Bank, NA Present Holder of said Mortgage. By Its Attorneys, Barron & Stadfeld, PC. Thomas V Bennett 100 Cambridge Street Suite 1310 Boston MA 02114 617-732-9800 The Barnstable Patriot May 26, June 2 and June 9 2006 TOWN OF BARNSTABLE LICENSING AUTHORITY NOTICE OF SHOW CAUSE HEARING The Barnstable Licensing Authority will hold a Show Cause Hearing for M&M Tavern. Inc . d/b/a Kendrick's Casual Dining & Lounge (continued from May 15 2006 to June 5). 72 North Street . Hyannis Kimberly Mooney Manager for the following Violations of the Code of the Town of Barnstable MA, Part V Chapter 501- 8A - It shall be the obligation of licensees to ensure that a high degree of supervision is exercised over the conduct of the licensed establishment at all times Each licensee will be held accountable for all violations that are related to the licensed premises to determine whether or not the licensee acted properly in the given circumstances on March 19 2006 as a result of a disturbance in the licensed premises followed by gunshots reported to be personally heard by Sgt Murphy inside of the licensed premises Violations of the Code of the Town of Barnstable MA, Part V Chapter 501- 8E - When any noise disturbance misconduct act or activity occurs in the licensed premises or in any parking lot provided by the licensee for the use of its patrons , which in the judgment of the Licensing Authority affects the protection health, welfare safety or repose of the residents in the area in which the licensed premises are located, or results in the licensed premises becoming the focal point forpolice attention, oris offensiveto public decency the licensee may be held inviolation of the license and subject to proceedings for suspension revocation or modification of the license also with reference to the alleged March 19, 2006 disturbance and gunshots, and Violation of condition #6 of theAllAlcoholCommon Victualler License heldby M&M Tavern, Inc on March 19. 2006 "No entertainment after 12 30 a m " Said hearing will be held on Monday. June 19 2006 at 9 30 a m or as soon follow- ing as practical in the Town Hall Building 2nd Floor Heanng Room 367 Mam Street. Hyannis Martin E Hoxie. Chairperson Gene Burman Paul Sullivan Richard Boy Barnstable Licensing Authority The Barnstable Patnot June 9 2006