Legal Advertisements - Week of February 29, 2024

Feb 29, 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, March 6, 2024, at 6:00 P.M.

On the Request for Notice of Intent for:

Susan Wolverton
189 Great Neck Road
Wareham, MA 02571

Reduce lawn to create native plant beds and plant native species in the lower area to create a wetland meadow.
Map 21 Lot 1001, 198 Great Neck 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, March 6, 2024, at 6:00 P.M.

On the Request for Notice of Intent for:

Two Daniel Terrace Realty Trust
11 Madison Street
Wareham, MA 02532

Reconstruction of an existing licensed pier located on the Weweantic River.
Map 53 Lots 176B, 177, 178, & 1022, 11 Madison Street, Wareham, MA.

WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman


TOWN OF WAREHAM
SELECT BOARD
54 Marion Road
Wareham, Massachusetts 02571
(508) 291-3100

NOTICE OF PUBLIC HEARING

The Bylaw Review Committee will hold a public hearing in Room 24 of Town Hall, 54 Marion Road, at 3 PM, (Eastern Standard Time) Thursday March 14, 2024 to consider two warrant articles submitted to the Special Spring Town Meeting, to be held April 22, 2024.

Copies of the two articles are on file with the Town Clerk’s Office, 54 Marion Road, Wareham.

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BYLAW REVIEW COMMITTEE
Sherry Quirk, Chair


NOTICE OF MORTGAGEE’S
SALE OF REAL ESTATE

Premises: 151 Swifts Beach Road, Wareham, MA 02571

By virtue and in execution of the Power of Sale contained in a certain mortgage given by Justice Machado to Mortgage Electronic Registration Systems, Inc., as Mortgagee, as nominee for Residential Mortgage Services, Inc., and now held by Freedom Mortgage Corporation, said mortgage dated August 29, 2017 and recorded in the Plymouth County Registry of Deeds in Book 48855, Page 328, as affected by a Loan Modification dated August 26, 2021 and recorded in the Plymouth County Registry of Deeds in Book 55894, Page 114; as affected by a Loan Modification dated December 7, 2022 and recorded in the Plymouth County Registry of Deeds in Book 57573, Page 12; said mortgage was assigned from Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Residential Mortgage Services, Inc. to Freedom Mortgage Corporation by assignment dated September 12, 2022 and recorded with said Registry of Deeds in Book 57225, Page 316; for breach of the conditions in said mortgage and for the purpose of foreclosing the same will be sold at Public Auction on April 19, 2024 at 10:00 AM Local Time upon the premises, all and singular the premises described in said mortgage, to wit:

Closing Date: August 29, 2017

Borrower(s): Justice Machado

Property Address 151 Swifts Beach Road, Wareham, MA 02571

The land with the buildings thereon situated in Wareham, Plymouth County, Massachusetts known as Swift’s Beach and being shown as Lot C on plan “Subdivision of Lot 175 and 176 Swift’s Beach, Wareham, Mass.” and recorded in Plan Book 8, Page 15.

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 28, 2017 and recorded in the Plymouth County Registry of Deeds in Book 48855, Page 325.

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.

FIVE THOUSAND ($5,000.00) Dollars of the purchase price must be paid in cash, certified check, bank treasurer’s or cashier’s check at the time and place of the sale by the purchaser. The balance of the purchase price shall be paid in cash, certified check, bank treasurer’s or cashier’s check within thirty (30) days after the date of sale.

Other terms to be announced at the sale

Brock & Scott, PLLC
23 Messenger Street
2nd Floor
Plainville, MA 02762
Attorney for Freedom Mortgage Corporation
Present Holder of the Mortgage
(401) 217-8701


Stakeholder Notification/Public Notice

The land trust accreditation program recognizes land conservation organizations that meet national quality standards for protecting important natural places and working lands forever. The Wareham Land Trust is pleased to announce it is applying for renewal of accreditation. A public comment period is now open.

The Land Trust Accreditation Commission, an independent program of the Land Trust Alliance, conducts an extensive review of each applicant’s policies and programs. For the Wareham Land Trust, accreditation is a mark of distinction that helps us stand out to funders and s supporters. In addition, following national standards and practices strengthens our organization, allowing us to better fulfill our mission of effectively preserving and stewarding open space.

The Commission invites public input and accepts signed, written comments on pending applications. Comments must relate to how the Wareham Land Trust complies with national quality standards. These standards address the ethical and technical operation of a land trust. For the full list of standards see http://www.landtrustaccreditation.org/help-and-resources/indicator-practices.

To learn more about the accreditation program and to submit a comment, visit www.landtrustaccreditation.org, or email your comment to info@landtrustaccreditation.org. Comments may also be mailed to the Land Trust Accreditation Commission, Attn: Public Comments, 36 Phila Street, Suite 2, Saratoga Springs, NY 12866.

Comments on the Wareham Land Trust’s application will be most useful by May 3, 2024.


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 Kimberly A. Swiatek and Brett W. Swiatek, Sr. to ING Bank, FSB, dated September 5, 2006 and recorded on September 19, 2006 in Book 33379, Page 327, then assigned to Wilmington Savings Fund Society, FSB, as trustee of Stanwich Mortgage Loan Trust A by Assignment recorded September 6, 2022 in Book 57204, Page 278, then assigned to Total Property Solutions, LLC by Assignment recorded September 6, 2022 in Book 57204, Page 282, then assigned to RCG Note Partners, LLC by Assignment recorded September 6, 2022 in Book 57204, Page 289, then assigned to Scottsdale REI, LLC by Assignment recorded September 6, 2022 in Book 57204, Page 291, then assigned to Edward Brown by Assignment recorded September 6, 2022 in Book 57204, Page 298, all of the Plymouth County Registry of Deeds, of which mortgage the undersigned 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 1 O’Clock P.M. on the 22nd day of March, 2024 at 310 Charge Pond Road, Wareham, Plymouth County, Massachusetts, all and singular the premises described in said mortgage,

To wit:
The land, with the buildings thereon, situated on the Westerly side of Charge Pond Road in the Town of Wareham, Plymouth County, Massachusetts, and being shown as Lot 48, Section 1 on a Plan entitled: “Seawood Springs, Wareham, Mass., owned by Point Grove Terrace, Inc.” dated Jan 25, 1971, drawn by Walter E. Rowley & Associates, and recordedwith the Plymouth County Registry of Deeds as Plan No. 122 of 1971 in Plan Book 15, Page 936, said Lot 48 being bounded and described according to said Plan as follows:

SOUTHEASTERLY by said Charge Pond Road, One Hundred and 00/100 (100.00) feet;
SOUTHWESTERLY by Lot 47, One Hundred Fifty and 00/100 (150.00) feet;
NORTHWESTERLY by land now or formerly of Pine Grove Terrace, Inc., One Hundred and 00/100 (100.00) feet; and
NORTHEASTERLY by land now or formerly of Pine Grove Terrace, Inc., One Hundred Fifty and 00/100 (150.00) feet.
Containing 15,000 square feet of land, more or less, according to said Plan.

Premises to be sold as-is 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, building and zoning laws, 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, rights of tenants or parties in possession, and attorney’s fees and costs.

Terms of sale: A deposit of ten thousand dollars ($10,000.00) by certified or bank check will be required to be paid by the purchaser at the time and place of sale. Deposit to be increased to ten percent (10%) of the purchase price within five (5) business days of the auction sale. The successful bidder will be required to execute a sale agreement immediately after the close of bidding. The balance, plus a five percent (5%) buyer’s premium to the auction company, is to be paid to the Mortgagee’s attorney by certified or bank check or other check satisfactory to Mortgagee’s attorney 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 and buyer’s premium. The Mortgagee reserves the right to bid at the sale, to reject any and all bids, to continue the sale and to amend the terms of the sale by written or oral announcement made before or during the foreclosure sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee’s attorney. TIME WILL BE OF THE ESSENCE. In the event of an error in this publication, the description of the premises contained in said mortgage shall control.

Other terms, if any, to be announced at the sale.

EDWARD BROWN
Present holder of said mortgage
By its Attorney,
Law Offices of Keith K. Fuller
5300 Bigelow Commons
Enfield, CT 06082


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 March 13, 2024, at 6:30 p.m. in Room 320 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #7-24 for a Special Permit or a Variance from the requirements of Article 13, Section 1352 and Section 1353 under the Wareham Zoning By-Laws, to Robert and Jeannine Perry of 4 Wareham Lake Shores Drive, E. Wareham, MA proposing to remove existing 7’ x 9’ block and brick front entry stairs, then rebuilding and enclosing on existing footprint at the subject property located at, 4 Wareham Lake Shores Dr., Wareham, MA (Assessors Map 120, Lot 35) in the R-130 zoning district.

Nazih Elkallassi, Chairman

First Notice: February 22, 2024
Second Notice: February 29, 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 March 13, 2024, at 6:30 p.m. in Room 320 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #8-24 for a Variance to Mallory Decas c/o Attorney Jilian Morton of 184 Main Street, Wareham, MA proposing to build a three-bedroom, single-family dwelling which requires seeking relief from Building Commissioner’s denial based on merger of lots at the property located at, 11 Tower Terrace, Wareham, MA (Assessors Map 61, Lot LC17) in the MR-30 district.

Nazih Elkallassi, Chairman

First Notice: February 22, 2024
Second Notice: February 29, 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 March 13, 2024, at 6:30 p.m. in Room 320 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #9-24 for an Appeal of Building Inspector Notice Of Violation regarding the merger of lots per the requirements of MGL Chapter 40A § 15 under the Wareham Zoning By-Laws, to Angeliki Decas c/o Jilian Morton, Esq. of 184 Main Street, Wareham, MA for the property located at, 5 Tower Terrace, Wareham, MA (Assessors Map 61, Lot LC-10) in the MR-30 zoning district.

Nazih Elkallassi, Chairman

First Notice: February 22, 2024
Second Notice: February 29, 2024


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. PL24P0339EA
 
Estate of: Grace E Collins
Date of Death: 03/29/1994
 
To all interested persons:
 
A Petition for Formal Adjudication of Intestacy and Appointment of Personal Representative has been filed by Marrianne Rosario of Weymouth MA  requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition. 
 
The Petitioner requests that Marrianne Rosario of Weymouth MA 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 03/15/2024.  
 
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: February 15 2024
Matthew J. McDonough, Register of Probate

 
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 Paul Demarco, Jr., Angela Demarco to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc., dated October 30, 2006 and recorded in the Plymouth County Registry of Deeds in Book 33627, Page 215, as modified by a certain modification agreement dated July 11, 2022, and recorded with said Plymouth County Registry of Deeds in Book 57350, Page 210, of which mortgage the undersigned is the present holder, by assignment from:
 
Mortgage Electronic Registration Systems, Inc. to The Bank of New York Mellon FKA The Bank of New York, as Trustee for the Certificateholders of the CWALT, Inc., Alternative Loan Trust 2006-41CB, Mortgage Pass-Through Certificates, Series 2006-41CB, recorded on March 7, 2012, in Book No. 41067, at Page 11 
 
for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at 2:00 PM on March 19, 2024, on the mortgaged premises located at 1 Pheasant Avenue, Wareham, Plymouth County, Massachusetts, all and singular the premises described in said mortgage,
 
TO WIT:
The land, with the buildings thereon, situated in Wareham, Plymouth County, Massachusetts, described as follows: LOT 1 on a plan entitled: “Subdivision of Gateway Shores at Wareham, Owned by Gateway Shores, Inc.” dated February 21, 1967, modified March 21, 1967, Walter E. Rowley and Associates, Surveyors, recorded with the Plymouth County Registry of Deeds in Plan Book 14, Page 456, to the immediate sideline of the way(s) on which the same abut(s). Excepting the fee in and to any of the roads, streets, avenues and ways shown on the hereinbefore referred to Plan. 
Less and except that portion taken for the layout of Pheasant Avenue by the Town of Wareham as shown on plan recorded with the Plymouth County Registry of Deeds in Plan Book 44, Page 951. 
Subject to benefits and restrictions contained in Deed recorded with the Plymouth County Registry of Deeds in Book 17492, Page 40, insofar the same are still in force and applicable. 
The above described premises are subject to and with the benefit of all such other rights, rights of way, easements, appurtenances, reservations and restrictions of record if there by any now in force and applicable. 
The Mortgagors hereby agree that any and all rights set forth or declared in a Declaration of Homestead recorded in the Plymouth Registry of Deeds in Book 31727, Page 340, shall be and hereby are subordinate and junior in right to this mortgage to the same extent as if this mortgage had been executed and recorded prior in time to the execution and recording of said Declaration of Homestead.
 
For mortgagor’s(s’) title see deed recorded with Plymouth County Registry of Deeds in Book 22013, Page 198.
 
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, P.C., 150 California St., Newton, Massachusetts 02458, or by mail to P.O. Box 610389, Newton Highlands, 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.
 
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST 2006-41CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-41CB
Present holder of said mortgage
 
By its Attorneys,
HARMON LAW OFFICES, P.C.
150 California St.
Newton, MA 02458
(617)558-0500
24950

 
ONSET FIRE DISTRICT
ANNUAL MEETING and ELECTION
 
The Prudential Committee of the Onset Fire District has called their Annual Meeting for May 20, 2024 at 7:30 P.M. at the Onset Fire Station, 8 Sand Pond Road; Onset, Massachusetts.  The warrant for the Annual Meeting and nomination papers for Annual Election will close on Thursday, April 11, 2024, at 5:00 P.M.
 
The Onset Fire District Annual Election will be Tuesday, May 21, 2024 at the Dudley L Brown Post 2846, VFW, 4 Gibbs Ball Park Road: Onset, Massachusetts, 4:00 P.M. to 8:00 P.M.
 
Prudential Committee: three (3) year term:
 one (1) position
Water Commissioner: three (3) year term: 
one (1) position
Moderator: one (1) year term: 
one (1) position
 
Nomination papers are available at the Onset Fire District Office located at 15 Sand Pond Road: Onset, from March 11, 2024 to April 11, 2024 from: 9:00 A.M. to 3:00 P.M. (Monday – Friday)
 
Absentee Ballot applications will be available beginning Tuesday, April 15, 2024 from 9:00 A.M. to 3:00 P.M., (Monday – Friday) last day for voting absentee is May 20, 2024; at 12:00 P.M.
 
Prudential Committee:
Pamela Pike, Chair
Marcine Fernandes, Clerk 
Karl Baptiste, Member