Legal Advertisements - Week of February 1, 2024
Feb 1, 2024
ZONING BOARD OF APPEALS
54 Marion Road
Wareham, MA 02571
NOTICE OF PUBLIC HEARING
The Zoning Board of Appeals will hold a public hearing on February 14, 2024 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 1-24 for a Special Permit or a Variance from the requirements of Article 6, Section 628 and Article 13, Section 1352 under the Wareham Zoning By-Laws, to Richard and Christine Wiggin c/o Joseph Mardo of 1090 Walnut Plain Road, Rochester, MA proposing to add a second floor to existing home with unconditioned patio/mudroom space for the property located at, 16 Turner Avenue, Wareham, MA (Assessors Map 50F, Lot 107) in the R-30 zoning district.
Nazih Elkallassi, Chairman
First Notice: January 25, 2024
Second Notice: February 1, 2024
ZONING BOARD OF APPEALS
54 Marion Road
Wareham, MA 02571
NOTICE OF PUBLIC HEARING
The Zoning Board of Appeals will hold a public hearing on February 14, 2024 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 2-24 for a Variance(s) from the requirements of Article 6, Section 625, Note 2 and Note 5 under the Wareham Zoning By-Laws, to Ryan Vlaco, Trustee of the Burkely Ryan Realty Trust c/o Attorney Jilian Morton of 184 Main Street, Wareham, MA proposing to construct a 2,424 square foot, two-story detached garage in the front yard located at, 72B Burgess Point Road, Wareham, MA (Assessors Map 22, Lot 1006A2) in the R-60 zoning district.
Nazih Elkallassi, Chairman
First Notice: January 25, 2024
Second Notice: February 1, 2024
ZONING BOARD OF APPEALS
54 MARION ROAD
WAREHAM, MA 02571
NOTICE OF PUBLIC HEARING
The Zoning Board of Appeals will hold a public hearing on February 14, 2024, at 6:30 p.m. in
Room 320 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 3-24 for a Variance from the requirements of Article 6, Section 613, under the Wareham Zoning By-Laws, to Richard Zine c/o Attorney Jilian Morton of 184 Main Street, Wareham, MA proposing to construct a second principal structure, connected by a walkway located at, 10 Charlie Ave, Wareham, MA (Assessors Map 3, Lot 1028B) in the MR-30 zoning district.
Nazih Elkallassi, Chairman
First Notice: January 25, 2024
Second Notice: February 1, 2024
ZONING BOARD OF APPEALS
54 MARION ROAD
WAREHAM, MA 02571
NOTICE OF PUBLIC HEARING
The Zoning Board of Appeals will hold a public hearing on February 14, 2024, at 6:30 p.m. in Room 320 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 4-24 for a Variance or a Special Permit from the requirements of Article 13, Section 1355 and Section 1356 under the Wareham Zoning By-Laws, to James and Colleen Dube of 16 Worral Avenue, Wareham, MA proposing to demolish the existing structure and replace with a single-family home located at, 16 Worral Avenue, Wareham, MA (Assessors Map 50-F, Lot 116) in the R-30 zoning district.
Nazih Elkallassi, Chairman
First Notice: January 25, 2024
Second Notice: February 1, 2024
TOWN OF WAREHAM
CONSERVATION COMMISSION
54 MARION ROAD
WAREHAM, MA 02571
NOTICE OF PUBLIC HEARING
Pursuant to the provisions of the Massachusetts Wetland Protection Act, General Laws Chapter 131, Section 40, and the Wareham Wetland Protective By-Law, Division VI, a public hearing will be held in Room 320, Wareham Multi-Service Center, 48 Marion Road, Wareham, MA on:
Wednesday, February 7, 2024, at 6:00 P.M.
On the Request for Notice of Intent for:
Ronald & Susan J. Schmidt
15 Narrows Road
Wareham, MA 02571
The applicant proposes to demolish a cottage, construct a single-family dwelling, install associated utilities to construct a formal driveway, and fill and grade within the 100ft buffer zone of various coastal resource areas and within Land Subject to Coastal Storm Flowae, Flood Zone VE(El. 17)
Map 39 Lot 1000, 15 Narrows Road, Wareham, MA.
WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman
TOWN OF WAREHAM
CONSERVATION COMMISSION
54 MARION ROAD
WAREHAM, MA 02571
NOTICE OF PUBLIC HEARING
Pursuant to the provisions of the Massachusetts Wetland Protection Act, General Laws Chapter 131, Section 40, and the Wareham Wetland Protective By-Law, Division VI, a public hearing will be held in Room 320, Wareham Multi-Service Center, 48 Marion Road, Wareham, MA on:
Wednesday, February 7, 2023, at 6:00 P.M.
On the Request for Determination of Applicability for:
United States Postal Service
25 Tobey Road
Wareham, MA 02571
Improve existing parking lot conditions, construct new asphalt paved parking lots for electric carrier vehicles and employee parking.
Map 87 Lot 1000.C, 25 Tobey Road, Wareham, MA.
WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman
TOWN OF WAREHAM
CONSERVATION COMMISSION
54 MARION ROAD
WAREHAM, MA 02571
NOTICE OF PUBLIC HEARING
Pursuant to the provisions of the Massachusetts Wetland Protection Act, General Laws Chapter 131, Section 40, and the Wareham Wetland Protective By-Law, Division VI, a public hearing will be held in Room 320, Wareham Multi-Service Center, 48 Marion Road, Wareham, MA on:
Wednesday, February 7, 2024, at 6:00 P.M.
On the Request for Notice of Intent for:
Micheal & Liana J. Dancey
2 Seahorse Lane
Wareham, MA 02532
The applicant proposes to demolish a cottage, construct a single family-dwelling, to install a septic system and associated utilities, to construct a formal driveway, to widen the existing gravel toadway and to fill and grade patially within the 100 ft buffer of a Bordering Vegetated Wetland and within Land subject to Coastal Storm Flowage, Flood Zone VE(el.20).
Map 52 Lot N1.B, 2 Seahorse Lane, Wareham, MA.
WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman
PUBLIC NOTICE
Massachusetts Department
of Environmental Protection
Division of Wetlands and Waterways
100 Cambridge Street, Suite 900
Boston, MA 02114
Pursuant to 33 U.S.C. 1341 and M.G.L. c. 21 §43 and 33 U.S.C. 1341 M.G.L. c. 21 §§ 26 - 53, notice is given of a 401 Water Quality Certification application for the replacement of Bridges No. M-05-001=W-06-013 and W-06-016 in Marion and Wareham by the Massachusetts Department of Transportation – Highway Division, 10 Park Plaza, Room 7360, Boston, MA 02116. The project includes bridge replacements as well as bicycle and pedestrian accommodations and salt marsh mitigation. Additional information may be obtained from the Massachusetts Department of Transportation – Highway Division at the above address, Attention Courtney Walker or by emailing courtney.l.walker@dot.state.ma.us. Written comments should be sent to Heidi Davis, MassDEP Wetlands Program, 100 Cambridge Street, Suite 900, Boston, MA 02114 or heidi.davis@mass.gov within 21 days of this notice.
Any group of ten persons, any aggrieved person, or any governmental body or private organization with a mandate to protect the environment who submits written comments within 21 days of this notice may appeal the Department’s Certification. Failure to submit written comments before the end of the public comment period may result in the waiver of any right to an adjudicatory hearing.
PUBLIC NOTICE
OF ENVIRONMENTAL REVIEW
PROJECT: North Wareham Solar
LOCATION: 0 Tihonet Road, Wareham, MA
PROPONENT: Renewable Energy Development Partners, LLC
The undersigned is submitting an Environmental Notification Form (“ENF”) to the Secretary of Energy & Environmental Affairs on or before January 31, 2024.
This will initiate review of the above project pursuant to the Massachusetts Environmental Policy Act (“MEPA,” M.G.L. c. 30, ss. 61-62L). Copies of the ENF may be obtained from:
Stacy H. Minihane, Beals and Thomas, Inc.,
32 Court Street, Plymouth, MA
(508) 366-0560
sminihane@bealsandthomas.com
Electronic copies of the ENF are also being sent to the Conservation Commission and Planning Board of Wareham.
The Secretary of Energy & Environmental Affairs will publish notice of the ENF in the Environmental Monitor, receive public comments on the project, and then decide if an Environmental Impact Report is required. A site visit and/or remote consultation session on the project may also be scheduled. All persons wishing to comment on the project, or to be notified of a site visit and/or remote consultation session, should email MEPA@mass.gov or the MEPA analyst listed in the Environmental Monitor. Requests for language translation or other accommodations should be directed to the same email address. Mail correspondence should be directed to the Secretary of Energy & Environmental Affairs, 100 Cambridge St., Suite 900, Boston, Massachusetts 02114, Attention: MEPA Office, referencing the above project.
By Renewable Energy Development Partners, LLC
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 George R. Geary to Mortgage Electronic Registration Systems, Inc., as nominee for Freedom Mortgage Corporation dated June 16, 2008, recorded at the Plymouth County Registry of Deeds in Book 36098, Page 226, as affected by Loan Modification Agreement dated February 1, 2017, and recorded February 6, 2017, in Book 48086, Page 279; said mortgage was then assigned to JPMorgan Chase Bank, National Association, by virtue of an assignment dated January 14, 2015, and recorded in Book 45164, Page 120; and further assigned to Community Loan Servicing, LLC by virtue of an assignment dated January 12, 2022, and recorded in Book 56322, Page 325; and further assigned to Nationstar Mortgage LLC by virtue of an assignment dated September 1, 2022, and recorded in Book 57195, Page 158 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 10:00 AM on February 15, 2024, on the mortgaged premises. This property has the address of 7 Terry Lane East, Wareham, MA 02571. 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 Terry Lane, Wareham, Plymouth County, Massachusetts, being· shown as Lot 36 on a plan entitled, “Modified Subdivision Plan of Pine Tree Estates, Wareham, Mass.” Being a Revision and Modification of the Plan of Pine Tree for Wm. D. Parker consisting of 12 Sheets and being recorded in Plan Book 16, Page 620, to which plan reference is hereby made for a more particular description, and containing 10,414 square feet of land, more or less, according to said plan.
This conveyance is made subject to and with the benefit of restrictions and easements of record insofar as now are in force and applicable.
The granted premises are conveyed together with the fee and soil of the ways shown on the plan showing the granted premises which is referred to in the description thereof, to the center line of said ways, insofar as the same adjoin the granted premises.
Said premises are conveyed subject to and with the benefit of the ways and provisions contained in a deed dated 9/28/72 in the said Registry of Deeds in Book 3834, Page 755, which ways and provisions are herein incorporated by reference.
Being the same premises conveyed to this mortgagor and Linda A. Geary by deed of Bernard E. Doucette, Jr. and Shirley M. Doucette, dated April 12, 1985, and recorded in the said Registry of Deeds in Book 6051, Page 75. The said Linda A. Geary is deceased date of death: October 5, 1991. Property Address: 7 Terry Lane East, Wareham, MA 02751 Map and Lot: 57/36
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. In the event of any typographical error set forth herein in the legal description of the premises, the description as set forth and contained in the mortgage shall control by reference. 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 unpaid taxes and assessments, tax sales, tax titles and other municipal liens and water or sewer liens and State or County transfer fees, if any there are, and TEN THOUSAND DOLLARS ($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 (“DG&L”), time being of the essence. Other terms, if any, to be announced at the sale.
Dated: December 7, 2023
Nationstar Mortgage LLC
By its Attorney DOONAN, GRAVES & LONGORIA, LLC, 100 Cummings Center, Suite 303C, Beverly, MA 01915 (978) 921-2670 www.dgandl.com 57105 (GEARY)
COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
DOCKET NO. 23 SM 004591
ORDER OF NOTICE
TO: Erin K. Maclure
and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. C. 50 §3901 (et seq):
MidFirst Bank
claiming to have an interest in a Mortgage covering real property in Wareham, numbered 6 and 8 Old Glen Charlie Road, given by Erin K. Maclure to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Mortgage Lenders of America, LLC, its successors and assigns, dated November 16,2018, and recorded in Plymouth County Registry of Deeds in Book 50537, Page 168, as affected by a Loan Modification Agreement dated November 2, 2022, and recorded at said Registry of Deeds in Book 57508, Page 234, and now held by the Plaintiff by assignment, has/have filed with this court a complaint for determination of Defendant’s/Defendants’ Servicemembers status.
If you now are, or recently have been, in the active military service of the United States of America, then you may be entitled to the benefits of the Servicemembers Civil Relief Act. If you object to a foreclosure of the above-mentioned property on that basis, then you or your attorney must file a written appearance and answer in this court at Three Pemberton Square, Boston, MA 02108 on or before 03/11/2024 or you may lose the opportunity to challenge the foreclosure on the ground of noncompliance with the Act.
Witness, GORDON H. PIPER
Chief Justice of this Court on 1/23/2024.
Attest: Deborah J. Patterson, Recorder
NOTICE OF MORTGAGEE’S
SALE OF REAL ESTATE
Premises: 5 Quaker Road, East Wareham, Massachusetts
By virtue and in execution of the Power of Sale contained in a certain mortgage given by Lynda M Fenton and David W Fenton to Mortgage Electronic Registration Systems, Inc. (“MERS”), as mortgagee, as nominee for Loandepot.com, LLC its successors and assigns and now held by Lakeview Loan Servicing, LLC, said mortgage dated October 12, 2019, and registered at Plymouth County Registry District of the Land Court as Document No. 00790567, and noted on Certificate of Title No.: 77391, as affected by an Assignment of Mortgage dated March 31, 2022, and registered as Document No. 00830336, and noted on Certificate of Title No.: 77391, of which mortgage the undersigned is the present holder, for breach of the conditions in said mortgage and for the purpose of foreclosing the same will be sold at Public Auction on February 14, 2024 at 01:00 PM Local Time upon the premises, all and singular the premises described in said mortgage, to wit:
The land in Wareham in the County of Plymouth and said Commonwealth.
Being lots 1427, 1428 and 1429 on sheet 6 of subdivision plan #87028, drawn by Frederic Smith, Surveyor dated June 15, 1926 and filed with Certificate of Title No. 2383.
Said lots are subject to the easements set forth in a deed from Hannah F. Rogers et al to the Marion Gas Company, dated May 26, 1914 duly recorded in Book 1186 Page 569.
So much of said lots as is included within the limits of the roads shown on said plan 8702B is also subject to the rights of all persons lawfully entitled thereto in and over the same.
Said lots are also subject to an easement from Louis B. Hall to the Plymouth County Electric Company, dated April 22, 1938 filed and registered as document # 14693; to an easement from Louis B. Hall to the New Bedford Gas & Edison Light Company, dated November 15, 1938 filed and registered as document #15328; also subject to two easements to the Algonquin Gas Transmission Company, one dated May 14, 1952 filed and registered as document #41361 and one dated April 3, 1961 filed and registered as document #78888, and to an easement to the New Bedford Gas & Edison Light Company dated December 31, 1959 filed and registered as document #73228 as far as the same are now in force and applicable.
Said lots are also subject to an easement from Shangri-La Development Corporation to Plymouth County Electric Company et al dated July 25, 1962 filed and registered as document #86085.
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 August 8, 1988, and recorded as Document No. 289520, and noted on Certificate of Title No.: 77391 with the Plymouth County Registry District of the Land Court.
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.
TEN THOUSAND ($10,000.00) Dollars of the purchase price must be paid by a 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 by a certified check, bank treasurer’s or cashier’s check within forty-five (45) days after the date of sale.
Other terms to be announced at the sale.
Marinosci Law Group, P.C.
275 West Natick Road, Suite 500
Warwick, RI 02886
Attorney for Lakeview Loan Servicing, LLC
Present Holder of the Mortgage
Telephone: (401) 234-9200
MLG File No.: 23-04819
CITATION ON PETITION
FOR FORMAL ADJUDICATION
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA 02360
(508) 747-6204
Docket No. PL24P0138EA
Estate of: Donald J Souza
Date of Death: 12/14/2023
To all interested persons:
A Petition for Formal Adjudication of Intestacy and Appointment of Personal Representative has been filed by James D. Souza requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition.
The Petitioner requests that James D Souza of Newport RI be appointed as Personal Representative(s) of said estate to serve Without Surety on the bond in unsupervised administration.
IMPORTANT NOTICE
You have the right to obtain a copy of the Petition from the Petitioner or at the Court. You have a right to object to this proceeding. To do so, you, or your attorney must file a written appearance and objection at this Court before: 10:00 a.m. on the return day of 2/23/2024.
This is NOT a hearing date, but a deadline by which you must file a written appearance and objection if you object to this proceeding. If you fail to file a timely written appearance and objection followed by an affidavit of objections within thirty (30) days of the return day, action may be taken without further notice to you.
UNSUPERVISED ADMINISTRATION UNDER THE MASSACHUSETTS UNIFORM PROBATE CODE (MUPC)
A Personal Representative appointed under the MUPC in an unsupervised administration is not required to file an inventory or annual accounts with the Court. Persons interested in the estate are entitled to notice regarding the administration directly from the Personal Representative and may petition the Court in any matter relating to the estate, including the distribution of assets and expenses of administration.
Witness: Hon. Patrick W. Stanton,
First Justice of this Court
Date: January 23, 2024
Matthew J. McDonough, Register of Probate
COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
24 SM 000152
ORDER OF NOTICE
TO:
Paula A Curry
and to all persons entitled to the benefit of the Servicemembers Civil Relief Act: 50 U.S.C. c. 50 § 3901 (et seq):
Citizens Bank, N.A.
claiming to have an interest in a Mortgage covering real property in West Wareham, numbered 6 Donald Street, given by Paula A Curry to Citizens Bank, N A, dated August 2, 2018, and recorded at Plymouth County Registry of Deeds in Book 50186, Page 98, has/have filed with this court a complaint for determination of Defendant’s/Defendants’ Servicemembers status.
If you now are, or recently have been, in the active military service of the United States of America, then you may be entitled to the benefits of the Servicemembers Civil Relief Act. If you object to a foreclosure of the above-mentioned property on that basis, then you or your attorney must file a written appearance and answer in this court at Three Pemberton Square, Boston, MA 02108 on or before March 4, 2024 or you may lose the opportunity to challenge the foreclosure on the grounds of noncompliance with the Act.
Witness, GORDON H. PIPER, Chief Justice of said Court on January 16, 2024.
Attest: Deborah J. Patterson, Recorder
