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Barnstable Patriot
Barnstable, Massachusetts
August 18, 2006     Barnstable Patriot
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August 18, 2006
 
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MORTGAGEE'S SALE OF REAL ESTATE By virtue of and in execution of the Power of Sale contained in a certain mortgage given by Victor T Pahotto to Ameriquest Mortgage Company, dated Febru- ary 17, 2004 and recorded with Barnstable County Registry of Deeds in Book 18280, Page 235 of which mortgage WM Speciality Mortgage LLC, Without Recourse is the present holder by assignment, for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at 603 Wakeby Road, Marstons Mills, Massachusetts will be sold at a Public Auction at 2:30 PM on September 1, 2006, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit: Being that certain parcel, with the improvements thereon, shown as Lot 2 ona plan of land entitles "Plan of Land in Marstons Mills Surveyed for Charles and Dorothy D. Diggins, Kevin and Elizabeth Manton,August 19, 1967, Scale r=50', George F. Reekie, Registered Land Surveyor, Norwell, MA." Duly filed with the Barnstable County Registry of Deeds in Plan Book 214, Plan 156. Also described as follows. A certain parcel of land, situated in Barnstable (Marstons Mills), Barnstable County, Massachusetts, known as LOT 2. WAKEBY ROAD, bounded and described as follows: NORTHEASTERLY by Wakeby Road on a curve with a radius of 1,182.146 feet for a distance of 125 feet; SOUTHEASTERLY by Lot 1, as shown on said plan, 444.73 feet; SOUTHWESTERLY by land of Seth R. and Mary F. Hamblin, 245.00 feet; and NORTHWESTERLY by land, now or formerly of Rogers , 314.06 feet. Being shown as LOT NO. 2 on plan of land entitled, "Plan of Land in Marstons Mills surveyed for Charles and Dorothy D. Diggins, Kevin and Elizabeth Manton,August 19, 1967, Scale 1" = 50', George F. Reekie, Registered Land Surveyor, Norwell, Mass." duly filed in the Barnstable County Registry of Deeds at Plan Book 214 Page 155. For mortgagor's title see deed recordedwith the Barnstable County Registry of Deeds in Book 9694, Page 199. The premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, and subject to prior liens or other enforceable en- cumbrances of record entitled to precedence over this mortgage , and subject to and with the benefit of all easements, restrictions reservations and conditions of record and subject to all tenancies and/or rights of parties in possession. Termsofthe Sale: Cash,cashier's or certified check inthe sum of $5,000.00, as a deposit must be shown at the time and place of the sale in order to qualify as a bidder (the mortgage holder and its designee(s) are exempt from this requirement); high bidder to sign written Memorandum of Sale upon acceptance of bid; balance of purchase price payable in cash or current funds in thirty (30) days from the date of the sale at the offices of mortgagee's attorney, Korde & Associates, P.C.,321 Billerica Road, Suite 210, Chelmsford , MA 01824-4100, c/o Sanjit S. Korde or such other time as may be designated by mortgagee. Other terms to be announced at the sale. WM Speciality Mortgage LLC, Without Recourse present holder of said mortgage, by its attorney Sanjit S. Korde Korde & Associates, PC. 321 Billerica Road, Suite 210 Chelmsford, MA 01824-4100 (978)256-1500 The Barnstable Patriot August 4, August 11, and August 18 2006 TOWN OF BARNSTABLE ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE SEPTEMBER 13, 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: 7:00 PM Appeal 2006-083 Wianno Club The Wianno Club has applied for a Special Permit pursuant to Section 240-94 B, Expan- sion of a Preexisting Nonconforming Use The applicant seeks to expand the seating and dining area of the existing restaurant with an additional dining area, covered porch and outdoor terrace to be used for casual dining as well as renovation and expand the kitchen area. The property is addressed 107 Sea View Avenue . Osterville, MA, as shown on Assessor 's Map 164 as parcel 024 It is zoned Residence F-1. 7:00 PM Appeal 2006-084 Wianno Club The Wianno Club has applied for a Special Permit pursuant to Section 240-93.B, Alteration and Expansion to a Preexisting Nonconforming Structure Housing a Non- conforming Use. The applicant seeks to expand the existing Wianno Club building to accommodate the restaurant and kitchen expansion The property is addressed 107 Sea View Avenue, Osterville, MA, as shown on Assessor 's Map 164 as parcel 024 It is zoned Residence F-1, 7:15 PM Appeal 2006-085 Tonsberg Frederick and Roberta Tonsberg have applied for a Special Permit pursuant to Section 240-91 H(2), Demolition and Rebuilding on Nonconforming Lots The applicants seek to demolish the existing dwelling located on the property and reconstruct a new dwell- ing not in compliance with currant setback requirements for the district The property is addressed 2 short Beach Road, Centerville, MA, as shown on Assessor 's Map 206 as parcel 044. The property is in a Residence D-1 Zoning District. 7:30 PM Appeal 2006-086 Hirsch/131 Ocean View Realty Trust Steven E. Hirsch and 131 Ocean View Realty Trust, Steven E Hirsch Trustee have applied for a Varianceto Sections 240-14.E, Bulk Regulations, Minimum Lot Area , Mini- mum Lot Frontage, and Minimum Side Yard Setbacks and Section 240-36, Resource Protection Overlay District. The applicant seeks the variance to allow reconfiguration of three lots into two lots, neither of the resulting new lots conform to the 2-acre minimum upland area requirement of the Resource Protection Overlay District In addition, the reconfigured house lot addressed 131 Ocean View Avenue is to have 90 feet of front- age when the district requires a minimum of 150 feet of frontage. The existing 1 3-foot side yard setback remains unchanged. The three lots are addressed 131 Ocean View Avenue, 149 Ocean View Avenue and 90 Cross Street , Cotuit, MA They are shown on Assessors Map 34 as parcel 60, and Map 33 as parcels 15 and 30 All are in a Residence F Zoning District and a Resource Protection Overlay District 7:30 PM Appeal 2006-087 Hirsch Steven E. Hirsch has applied for a Special Permit pursuant to Section 240-92, Noncon- forming Buildings or Structures Used as Single andTwo Family Residences and Section 240-94.B, Expansion of a Preexisting Nonconforming Use The applicant seeks to alter and expand the existing two-family non-conforming use of the property. The proposal is to demolish one of the dwelling units and reconstruct it as a new 2,080 sq.ft., guesthouse. The other "main" dwelling unit is also proposed to be expanded by an additional 2,253 sq.ft! The property is addressed as 149 Ocean View Avenue, Cotuit, MA, as shown on Assessor's Map 033 as parcel 15. It is in a Residence F Zoning District, 7:30 PM Appeal 2006-088 Hirsch Steven E. Hirsch has applied for a Variance to Section 240-14.E, Bulk Regulations, Minimum Front Yard Setback. The applicant seeks the variance to reconstruct the new guesthouse 16-feet from Cross Street where a 30-foot front yard setback is required. The property isaddressed 149Ocean ViewAvenue,Cotuit, MA,as shown onAssessor 's Map 033 as parcel 15 It is in a Residence F Zoning District. These Public Hearings will be held at the Barnstable Town Hall, 367 Main Street, Hyannis, MA, Hearing Room, 2nd Floor, Wednesday, September 13, 2006 Plans and applications may be reviewed at the Zoning Board of Appeals Office, Growth Manage- ment Department, Town Offices , 200 Main Street, Hyannis, MA, « Gail C. Nightingale, Chair- man Zoning Board of Appeals The Barnstable Patriot August 18 and August 25 , 2006 NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Byvirtue and inexecutionofthe Powerof Salecontained inacertain 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 12:00 PM on September 15, 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: Southerly 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-fiveand 25/100 (135 25) feet; and Easterly by Lot 90. one hundred 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 Certificateof 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 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 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 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 unpaidtaxes and assessments , tax sales tax titles and other municipal liens and water or sewer liens and State or County transfe r 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 & Longoria. 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, 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 LLC , 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. & 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: August 9, 2006. Mortgage Electronic Registration Systems , Inc, By John A. Doonan. Esq., DOONAN. GRAVES. &LONGORIALL C . 100 Cummings Center. Suite 213C Beverly, MA 01915. (978)921-2670 . www dgandl.com (1410.03/Brito Jr.)(08/18/06 . 08/25/06 . 09/01/06)(70637) The Barnstable Patriot August 18, August 25 and September 1 .2006 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No : 325947 To: Clyde M Dupee. Geraldine Dupee and to all persons entitled to the benefit of the Servicemembers Civil Relief Act Deutsche Bank Trust CompanyAmericas f/k/a Banker's Trust Company as Trustee claimingto bethe holder of a Mortgage cov- ering real property in Hyannis. numbered 27 Kitsy Lane given by Clyde M. Dupee and Geraldine Dupee to CNI National Mort- gage Company, dated October 9. 2001. and registered with the Barnstable County Registry District of the Land Court as Docu- ment No 846469 and noted on Certificate of Title No. 153961 and now held by the plaintiff by assignment has filedwith 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 oryourattorney should file a written appearance and answer in said court at Boston on or before the 11" day of September 2006 or you may be fo rever barred from claimingthat such foreclosure is invalid under said act. Witness . KARYN F SCHEIER. Chief Justice of said Court this 27|K day of July 2006 Deborah J Patterson Recorder The Barnstable Patriot August 18. 2006 Know the Market. Know the Town. Only in (Kfte Jtonstatjle patriot 396 Main SL, Suite 15 Hyannis. MA 02601 508/771-1427 TOWN OF BARNSTABLE LICENSING AUTHORITY NOTICE OF PUBLIC HEARING CLASS II AUTO DEALER LICENSE Addition of d/b/a to Name of Class IIAuto- mobile Dealer s License: The Barnstable Licensing Authority will hold a hearing on an applicationforAddition ofd/b/ato Name of Class II Automobile Dealer 's License for Ekatenna & Family, LLC, d/b/a J&J Auto Jay Imad. Manager, located at 381 Camp Street, Hyannis. MA 02601. with a maximum of 5 display vehicles. Said hearing will be held on Monday. August 28. 2006 at 9 30 am or as soon following as practical in the Town Hall Building. 2nd Floor Hearing Room, 367 Main Street, Hyannis, MA 02601 Martin E Hoxie, Chairman Gene Burman Paul R Sullivan Richard Boy Barnstable Licensing Authority The Barnstable Patriot August 18, 2006 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No.: 326277 To Richard Thacker and to all persons en- titled to the benefit ofthe Servicemembers Civil ReliefAct CountrywideHome Loans Inc. claiming to be the holder of mort- gage covering real property in Hyannis numbered 118 Bearse s Way given by Richard Thacker to Mortgage Electronic Registration Systems . Inc ("MERS")solely as nominee for Bravo Credit Corporation dated October 31 2005 recorded with the Barnstable County Registry of Deeds in Book 20433 . Page 166, and now held by Plaintiff by assignment , has filed with said court a complaint for authority to foreclose said mortgage in the manner following by entry and possession and exercise of powerof sale Ifyou are entitled to the benefits of the Servicemembers Civil Relief Act and you object to such foreclosure you oryour attorneyshouldfile a written appearance and answer in said court at Boston on or before the 18" day of September 2006 or you may be forever barred from claiming that such foreclosure is invalid under said act Witness . KARYN F SCHEIER . Chief Justice of said Court this 7" day of Au- gust 2006 Deborah J Patterson Recorder The Barnstable Patriot August 18, 2006 KEEPTHETOWN | STRONG,.. I ShopLocally! [ 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 telephone number. Anonymous letters will not be published, but names will be withheld upon request. We reserve the right to edit all submissions. THE BARNSTABLE PATRIOT, P.O. BOX 1208, HYANNIS, MA 02601 OR E-MAIL TO letters@barnstablepatriot.com NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Byvirtue and inexecution ofthe Power of Sale contained in a certain mortgage given by Michael T.Robinson to Mortgage Electronic Registration Systems,dated July 8, 2005 and recorded with the Barnstable County Registry of Deeds at Book 20027, Page 251, of which mortgage First Horizon Home Loan Corporation is the present holder, for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at 11:00 a.m. on September 11, 2006, on the mortgaged premises located at 11Greenwood Avenue, Hyannis (Barnstable), Barnstable County, Massachusetts, all and singular the premises described in said mortgage, TO WIT: The land in Barnstable at or near the village of Hyannisport, so called, more particularly bounded and described as follows: LOT 1: On the North by a Town Way called Scudder Avenue there measuring about 96.89 feet; on the Northeast by the curve of the private way called Greenwood Avenue, formerly Lover's Lane, on an arc, there measuring about 89.80 feet; on the East by said Greenwood Avenue, there measuring about 105 feet; on the South by Lot 3, there measuring about 80.00 feet; and on the West by Lot 2, there measuring about 96.89 feet; containing 14,700 square feet more or less. Being Lot 1 as shown a plan entitled "Subdivision of Land in Hyannis and Hyannisport, Mass., Property of Alice S. Paine, Jennie K. Paine and Maud M. Bacon", made by George F. Clements, C.E. August 1928, filed with the Barnstable County Registry of Deeds in Plan Book 38, Page 91. The above-described premises are conveyed subject to and with the benefit of conditions and restrictions of record insofar as the same are now in force and effect. For mortgagor 's title see deed recorded with Barnstable County Registry of Deeds in Book 14781, Page 46. These premises will be sold and conveyed subject to and with the benefit of all rights, rights of way, restrictions, easements , covenants, liens or claims in the nature of liens, improvements, public assessments , any and all unpaid taxes, tax titles, tax liens, water and sewer liens and any other municipal assessments or liens or existing encumbrances of record which are in force and are applicable, having priority over said mortgage, whether or not reference to such restrictions, easements, improvements, liens or encumbrances is made in the deed. TERMS OF SALE: A deposit of Five Thousand ($5,000.00), Dollars by certified or bank check will be required to be paid by the purchaser at the time and place of sale. The balance is to be paid by certified or bank check at Harmon Law Offices, PC, 150 California Street, Newton, Massachusetts 02458, or by mail to P.O. Box 610389, Newton High- lands, Massachusetts 02461-0389, within thirty (30) days from the date of sale. Deed will be provided to purchaser for recording upon receipt in full of the purchase price The description of the premises contained in said mortgage shall control in the event of an error in this publication. Other terms, if any, to be announced at the sale. FIRST HORIZON HOME LOAN CORPORATION Present holder of said mortgage By its Attorneys HARMON LAW OFFICES, PC. Elena Peterson, Esquire 150 California Street Newton, MA 02458 (617) 558-0500 The Barnstable Patriot August 18,August 25 and September 1, 2006 TOWN OF BARNSTABLE TOWN COUNCIL AND PLANNING BOARD NOTICE OF JOINT PUBLIC HEARING SEPTEMBER 7™, 2006 AT 7:00 PM NEW TOWN HALL, SECOND FLOOR HEARING ROOM 367 MAIN STREET, HYANNIS, MA rhe Town Council and Planning Board of the Town of Barnstable, acting under Chapter IDA, Section 5 of the General Laws of the Commonwealth of Massachusetts, will hold ijoint public hearing on Thursday September 7lh, 2006 at 7:00 P.M., in the Hearing *oom of Barnstable Town Hall, 367 Main Street, Hyannis, MA. The purpose of this learing is to take comment upon proposed amendments to the Code of the Town of Sarnstable, SS 240 Zoning as to the following: 5ECTION 1 rhat Chapter 240,Article I I I of the Zoning Ordinance is hereby amended as fol- ows: 3y adding a new Section 240-40.2 that establishes an overlay distnct(s) in which a ipecial permit process is created to encourage privately initiated affordable housing by or-profit and not-for-profit organizations which provide for residential development in a nanner that is consistent with existing neighborhood development in terms of density ind housing types; and authorizes an increase in the permissible density of housing in i proposed development, provided that the applicant shall, as a condition for the grant if said special permit, provide housing for persons of low or moderate income. Copies of the full text of the proposed amendments/revisions to the Code of the Town if Barnstable Chapter 240 Zoning are contained in Council Agenda Item 2006-147 ind are available for review in the Town Clerk's Office and Growth Management Office, it 367 Main Street, Hyannis MA. and at the Growth Management Regulatory Review Offices at 200 Main Street, Hyannis, MA between the hours of 8 30 AM to 4.30 PM. Monday through Friday Henry Farnham. President, Barnstable Town Council Felicia Penn, Chairman. Planning Board "he Barnstable Patriot Ujgust 18"\ 2006 and August 25"\ 2006 ¦tecribeToday (503) 771-14* NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Byvirtue and inexecution ofthe Powerof Sale containedina 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 Corporation is the present holder, for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at 11:00 a.m. on September 12, 2006, on the mortgaged premises located at 100 Mountain Ash Road, Marston Mills (Barnstable), Barnstable County,Massachusetts,all andsingularthe premises described in said mortgage, TO WIT: The land together with the buildings thereon, situated in BARNSTABLE (Marstons Mills), Barnstable County, Massachusetts , bounded and described as fol- lows: LOT 20AAND LOT 20B. being shown on a plan of land entitled "Plan of Land in Barnstable (Marstons Mills) Massachusetts Prepared For: Hans- Joerg A. Szimmetat November 20, 1981 Scale: 1" = 30' Cape Cod Survey Consultants P.O. Box 56 Hyannis, Mass. 02601", which plan is duly recorded a 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 totaling 231.63 feet; SOUTHEASTERLY by Lot 5 and a portion of Lot 4. on said plan, by two courses totaling 216 43 feet; and NORTHWESTERLY by Lot 19A and Lot 19B, on said plan, 215.47 feet Containing 27,069 square feet. 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 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. For our title 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 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 OPTION ONE MORTGAGE CORPORATION Present holder of said mortgage By its Attorneys HARMON LAW OFFICES. PC Elena Peterson. Esquire 150 California Street Newton. MA 02458 (617) 558-0500 The Barnstable Patriot August 18, August 25 and September 1, 2006