Legal Advertisements - Week of January 11, 2024

Jan 11, 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 January 24, 2024 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 57-23 for a Variance from the requirements of Article 3, Table 320 under the Wareham Zoning By-Laws, to Mark St. Jean of 17 Salt Works Way, Falmouth, MA seeking to obtain a farmers brewer’s license. The purpose of the company will be to manufacture beer on a research and development basis utilizing malts produced and imported by Stone Path Malt LLC for the property located at, 11 Kendrick Road, Wareham, MA (Assessors Map 108, Lot 1006J) in the IND zoning district.

Nazih Elkallassi, Chairman
First Notice: January 4, 2024
Second Notice: January 11, 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 January 24, 2024 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 58-23 for a Use-Variance from the requirements of Article 3, Table 320 under the Wareham Zoning By-Laws, to Samiat Finni of 19 Nicholas Drive, Wareham, MA seeking relief through an Appeal for the Building Commissioner’s Notice of Violation for the property located at, 19 Nicholas Drive, Wareham, MA (Assessors Map 57, Lot WS13) in the MR-30 zoning district.

Nazih Elkallassi, Chairman
First Notice: January 4, 2024
Second Notice: January 11, 2024


NOTICE AND ORDER:
 Petition for Appointment of
Guardian of a Minor
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA  02360
Docket No. PL23P1700GD
 
In the matter of: Eden G Rodrigue Adams
Of: Wareham, MA 
Minor
 
NOTICE TO ALL INTERESTED PARTIES
1. Hearing Date/Time: A hearing on a Petition for Appointment of Guardian of a Minor filed on 08/01/2023 by Shelby M Rodrigue of Taunton MA will be held 02/05/2024 09:00 AM Guardianship of Minor Hearing
Located 215 Main Street Street. Brockton, MA 02301
2 Response to Petition:  You may respond by filing a written response to the Petition or by appearing in person at the hearing. If you choose to file a written response, you need to:
File the original with the Court; and
Mail a copy to all interested parties at least five (5) business days before the hearing.
3. Counsel for the Minor: The minor (or an adult on behalf of the minor) has the right to request that counsel be appointed for the minor.
4. Counsel for Parents: If you are a parent of the minor child who is the subject of this proceeding you have a right to be represented by an attorney. If you want an attorney and cannot afford to pay for one and if you give proof that you are indigent, an attorney will be assigned to you. Your request for an attorney should be made immediately by filling out the Application of Appointment of Counsel form. Submit the application form in person or by mail at the court location where your case is going to be heard.
5. Presence of the Minor at Hearing: A minor over age 14 has the right to be present at any hearing, unless the Court finds that it is not in the minor’s best interest. 
THIS IS A LEGAL NOTICE: An important court proceeding that may affect your rights has been scheduled.  If you do not understand this notice or other court papers, please contact an attorney for legal advice. 
 
Date: November 13, 2023
Matthew J. McDonough, Register of Probate

 
LEGAL NOTICE 
TOWN OF WAREHAM
DEPARTMENT OF NATURAL RESOURCES
IMPROVEMENTS TO BAYVIEW PARK, HIGHLAND AVENUE SIDEWALK, 
AND THE LILLIAN GREGERMAN BANDSHELL 
 
The Town of Wareham, the Awarding Authority as represented by the Wareham Town Administrators Office, invites sealed bids for Improvements to Bayview Park at 186 Onset Avenue, Highland Avenue Sidewalk Improvements on Highland Avenue between Onset Avenue to 11th Street, and Improvements to the Lillian Gregerman Bandshell at 4 Union Avenue in Wareham, MA.
 
Bidding procedures shall be in accordance with Massachusetts General Law, Chapter 30, Section 39M (MGL C.30, S.39M) as amended. 
 
Beginning January 3, 2024, complete sets of bidding documents, including bid forms, may be obtained Town of Wareham’s bid opportunities website at https://www.wareham.ma.us/bids-rfps.
 
A non-mandatory pre-bid conference will be held at the (3) project sites. The conference will begin at 186 Onset Avenue, then move to Highland Avenue between Onset Avenue and 11th Street, and lastly to 4 Union Avenue in Wareham, MA, on January 18, 2024 at 10:00AM. Contractors are invited to meet the designers and owner’s representative at this conference. 
 
Sealed bids for the contract will be received in the Town Administrators Office, located at 54 Marion Road, Third floor, Memorial Town Hall in Wareham, MA 02571 until February 1, 2024 at 10:00 AM.  All bids will be publicly opened and read aloud immediately thereafter at the location set forth in the previous sentence. 
 
The Awarding Authority reserves the right to reject any and all bids, in whole or in part, as determined to be in the best interest of the Town and to waive minor informalities. The Town Administrator is the Awarding Authority. 
 
No less than the minimum salaries and wages as established by the Massachusetts Department of Labor and Industries shall be paid to employees on this project, as set forth in the bidding documents.
The estimated costs of the base bid are $1,500,000 for Improvements to Bayview Park and $200,000 for Highland Avenue Sidewalk Improvements for a total of $1,700,000. The estimate cost of Add Alternate #1 is $180,000 and the estimated cost of Add Alternate #2 Improvements to the Lillian Gregerman Bandshell is $500,000.
Any questions regarding the project may be directed to the Town’s Representative via email to be received no later than January 25, 2024 at 4:00 PM:
 
Cassie Bethoney, RLA, Project Manager – bethoneyc@wseinc.com
Weston & Sampson Engineers, Inc.

 
TOWN OF WAREHAM
NOTICE OF PUBLIC HEARING
 
The Wareham Select Board will hold a public hearing remotely on Tuesday, 
January 23, 2024 at 7:15 P.M.
   To join meeting:
    Passcode: 962288
    One tap mobile:
    +19292056099 (New York)
    +13017158592 (Washington DC)
  Webinar ID: 832 5892 5070
    Passcode: 962288
 
The hearing’s purpose is to discuss a FY 2024 grant application to the Massachusetts Community Development Block Grant (CDBG) Program and a Program Amendment to the Town’s FY21 grant that will transfer funding between public social service activities.
 
Under the proposed FY 2024 Mini-Entitlement Program grant, the Town may apply for up to $925,000. The following activities are being considered for funding: housing rehabilitation, new or continued funding in support of various public social services, planning, and funding for design and/or improvements to or construction of public facilities and/or improvements. The grant application may include any of these activities, as well as additional ones. Once awarded, the grant will be managed by the Department of Planning and Community Development (DPCD), under the oversight of the Select Board and Town Administrator. 
 
To comply with CDBG requirements, this hearing will also provide the public with an update on the progress of Wareham’s four current MA CDBG Program grants: FYs 2019, 2020, 2021 and 2022/2023 Mini-Entitlement Program grants. The hearing will also discuss Wareham’s housing and community development needs and ways that they may be addressed as described in the Town’s Community Development Strategy (CDS).  
 
Any person or organization so wishing will be afforded an opportunity to be heard. Suggestions for other activities to be included in the grant application may be made at the hearing or before the hearing in writing to the DPCD, in Town Hall, 54 Marion Road. The Town encourages a broad spectrum of participation by residents and other interested parties. If you require a translator, an accommodation for a hearing impairment, or other accommodation, contact the DPCD no later than Wednesday, January 16th, via telephone at 508.291.3100, ext. 3172, or via email at csullivan@cogincorp.com.
 
Judith Whiteside, Chair
Select Board

 
PLANNING BOARD
54 Marion Road
Wareham, MA 02571
 
NOTICE OF PUBLIC HEARING 
 
The Wareham Planning Board will hold a public hearing on January 22, 2023 at 6:00 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA  02571 to consider Petition #24-23 for Special Permit for Site Plan Review from the requirements of Article 15, Section 1520 of the Wareham Zoning By-Laws, to Town of Wareham, MA c/o GHD, Inc. of 1545 Lyannough Rd., Hyannis, MA 02601 proposing to demolish/remove existing pavement and basins along with repairing other equipment and implementing the storm water management plan located at, 6 Tony’s Lane (Assessors Map 43, Lot 1000 in the 1000 zoning district.
 
Wareham Planning Board
Michael King, Chairman
 
First Notice:  January 4, 2024  
Second Notice: January 11, 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, January 17, 2024, at 6:30 P.M.
 
On the Request for Notice of Intent for:
Russell McKinnon 
28 Nelson Street
Wareham, MA 02571
 
Raze an existing house at 28 Nelson Street, increase the size of the dwelling by 280 sq ft, and create a 10-ft wide gravel drive.
 
Map 78 Lot 3-197, 28 Nelson Street, Wareham, MA.
 
WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman

 
CITATION ON PETITION
TO CHANGE NAME
Commonwealth of Massachusetts
The Trial Court
Probate and Family Court
Plymouth Probate and Family Court
52 Obery Street, Suite 1130
Plymouth, MA 02360
(508) 747-6204
Docket No. PL23C0326CA
 
In the matter of: Kaelah Marie Burgess-Smith
 
A Petition to Change Name of Adult has been filed by Kaelah Marie Burgess-Smith of East Wareham, MA requesting that the Court enter a Decree changing their name to: Kaelah Marie Burgess
 
IMPORTANT NOTICE
Any person may appear for purposes of objecting to the petition by filing an appearance at: Plymouth Probate and Family Court before 10:00 a.m. on the return day of 01/17/2024. 
 
This is NOT a hearing date, but a deadline by which you must file a written appearance if you object to this proceeding. 
 
Witness: Hon. Patrick W. Stanton, 
     First Justice of this Court
Date: December 18, 2023
Matthew J. McDonough, Register of Probate

 
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, January 17, 2024, at 6:30 P.M.
 
On the Request for Notice of Intent for:
Derek Lewis
75 Agawam Lake Shore Drive
Wareham, MA 02571
 
Renovations of a single family dwelling, upgrade the septic system, and associated site grading.
Map 129A-1 Lot 124, 75 Agawam Lake Shore Drive, Wareham, MA.
 
WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman

MORTGAGEE’S SALE OF REAL ESTATE
 
    By virtue and in execution of the Power of Sale contained in a certain mortgage given by Sara Beth O’Malley Torressen to “MERS”, Mortgage Electronic Registration Systems, Inc., a separate corporation that is acting solely as nominee for “Lender”, Conway Financial Services, LLC and its successors and assigns dated April 3, 2020 and recorded with the Plymouth County Registry of Deeds, in Book 52565, Page 21, as assigned by Assignment dated August 2, 2022; recorded in Plymouth County Registry of Deeds, Book 57103, Page 266 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 1:00 PM, on February 6, 2024, on the premises known as 3 Ash Street, Wareham, Massachusetts, the premises described in said mortgage, together with all the rights, easements, and appurtenances thereto, to wit:
 
The land together with the buildings thereon situated in Wareham, Plymouth County, Massachusetts and being shown as Lot 39 on a Plan of Land entitled “Plan No. 1 of Lots at Parkwood Beach, Wareham, Mass. Owned by the Henry A. Brown Corporation, 153 Main Street, Brockton, Massachusetts, dated May 1, 1923. Hayward and Hayward, Surveyors, Brockton, Mass.” which plan is duly recorded with Plymouth County Registry of Deeds in Plan Book 3 at Page 512, said Lot #39 is more fully bounded and described as follows:
Southeasterly by Ash Street, as shown on said Plan 50.0 feet;
Northeasterly by Lot #38 as shown on said Plan 80.0 feet;
Northwesterly by Lot #34 as shown on said Plan 50.0 feet; and 
Southwesterly by Lot #40 as shown on said Plan 80.0 feet.
Containing 4,000 square feet.
This conveyance is made together with all rights, privileges and easements connected therewith and subject to such conditions and restrictions that may exist.
For title see deed recorded herewith. 
 
Terms of Sale: These premises are being sold subject to any and all unpaid real estate taxes, water rates, municipal charges and assessments, condominium charges, expenses, costs, and assessments, if applicable, federal tax liens, partition wall rights, statutes, regulations, zoning, subdivision control, or other municipal ordinances or bylaws respecting land use, configuration, building or approval, or bylaws, statutes or ordinances regarding the presence of lead paint, asbestos or other toxic substances, sanitary codes, housing codes, tenancy, and to the extent that they are recorded prior to the above mortgage, any easements, rights of way, restrictions, confirmation or other matters of record.
 
Purchaser shall also bear all state and county deeds excise tax. The deposit of $10,000.00 is to be paid in cash or bank or certified check at the time and place of the sale, with the balance of the purchase price to be paid by bank or certified check within thirty (30) days after the date of the sale, to be deposited in escrow with Guaetta and Benson, LLC, at 73 Princeton Street, Suite 208, North Chelmsford, Massachusetts.
 
In the event that the successful bidder at the foreclosure sale shall default in purchasing the within described property according to the terms of this Notice of Sale and/or the terms of the Memorandum of Sale executed at the time of the foreclosure, the Mortgagee reserves the right to sell the property by foreclosure deed to the second highest bidder or, thereafter, to the next highest bidders, providing that said bidder shall deposit with said attorney, the amount of the required deposit as set forth herein within five (5) business days after written notice of the default of the previous highest bidder.
 
Other terms, if any, are to be announced at the sale.
 
Dated:  January 4, 2024
Present holder of said mortgage
 
Massachusetts Housing Finance Agency
by its Attorneys
Guaetta and Benson, LLC
Peter V. Guaetta, Esquire
P.O. Box 519
Chelmsford, MA 01824

 
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. PL23P2785EA
 
Estate of: Barbara Ann Chenard
Also known as:  Barbara A. Chenard, 
                            Barbara Chenard
Date of Death: 12/13/2022
 
To all interested persons:
 
A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Bradley G Chenard of Ardsley NY  requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition. 
 
The Petitioner requests that Bradley G Chenard of Ardsley NY 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 01/23/2024.  
 
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: December 21, 2023
Matthew J. McDonough, Register of Probate

 
COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket 23 SM 004822
 
ORDER OF NOTICE
 
To:
James M Monahan
 
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 West Wareham, numbered 28 Naushon Road, given by James W. Monahan and James M. Monahan to Mortgage Electronic Registration Systems, Inc., as nominee for Irwin Mortgage Corporation, its successors and assigns, dated July 24, 2001, and recorded in Plymouth County Registry of Deeds in Book 20233, Page 228, as affected by a Loan Modification dated June 28, 2004, and recorded in Said Registry of Deeds in Book 28737, Page 269, as affected by a Loan Modification dated December 18, 2008, and recorded in Said Registry of Deeds in Book 36802, Page 289, as affected by a Loan Modification dated March 22, 2011, and recorded in Said Registry of Deeds in Book 39891, Page 246, as affected by a Loan Modification dated November 13, 2012, and recorded in Said Registry of Deeds in Book 42429, Page 188, as affected by a Loan Modification dated June 15, 2016, and recorded in Said Registry of Deeds in Book 47177, Page 104, as affected by a Loan Modification dated December 14, 2022, and recorded in Said Registry of Deeds in Book 57721, Page 174, and now held by 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 February 12, 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 December 29, 2023.
 
Attest:
Deborah J. Patterson
Recorder
23-014291