Legal Advertisements - Week of April 25, 2024

Apr 25, 2024

PLANNING BOARD
54 Marion Road
Wareham, MA 02571

NOTICE OF PUBLIC HEARING

The Wareham Planning Board will hold a public hearing on May 13, 2024 at 6:00 p.m. in Room 320 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to hear testimony on the consistency of the Urban Renewal Plan with the Wareham Master Plan.

Wareham Planning Board
Michael King, Chairman

First Notice: April 18, 2024
Second Notice: April 25, 2024


TOWN OF WAREHAM
NOTICE OF PUBLIC HEARING

The Wareham Select Board will hold a public hearing on Tuesday, May 7th, at 7:15 P.M. in Room 320 at the Multi-Service Center, 48 Marion Road. This hearing will be conducted as a hybrid meeting making it also available via Zoom. Please see the link below. The hearing’s purpose is to discuss a program amendment to Wareham’s FY 2021 Mini-Entitlement.

Under the proposed program amendment, the Town is seeking to add the Bayview Park Sidewalk project as an activity to its FY21 Mini-Entitlement grant and reprogram $360,582.81 initially budgeted for the Highland Avenue sidewalk replacement project to the Bayview Sidewalk Project. The bid received for the Highland Avenue sidewalk replacement project was less than the amount budgeted for the project. This amendment will allow the Town to spend these excess funds on the Bayview Park project.

Any person or organization so wishing will be afforded an opportunity to be heard. The Town encourages a broad spectrum of participation by residents and other interested parties. The link to the Zoom hearing is:

To join meeting remotely:
https://us02web.zoom.us/j/83258925070?pwd=dzh3SmlzTzBLaG1teEJmakpZb2lsZz09
Passcode: 962288
One tap mobile:
+19292056099 (New York)
+13017158592 (Washington DC)

Webinar ID: 832 5892 5070
Passcode: 962288

The hearing location is accessible to persons with physical disabilities. If you require a translator, an accommodation for a hearing impairment, or other accommodation, contact the DPCD no later than Wednesday, May 1, via telephone at 508.291.3100, ext. 3172, or via email at wdarragh@cogincorp.com.

Judith Whiteside
Select Board, Chair


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 May 8, 2024, at 6:30 p.m. in Room 320 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #13-24 for an Appeal of Building Inspector Notice of Violation per the requirements of Article 3, Table 320 under the Wareham Zoning By-Laws, to Diamond Investors, LLC d/b/a Portside Towing c/o Peter W. Teitelbaum, Esq. of 30 Oak Street, Wareham, MA for the property located at, 2785 / 2785R Cranberry Hwy., Wareham, MA (Assessors Map 133, Lot 1033B) in the SC zoning district.

Nazih Elkallassi, Chairman

First Notice: April 18, 2024
Second Notice: April 25, 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 May 8, 2024, at 6:30 p.m. in Room 320 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #14-24 for a Special Permit and/or a Variance from the requirements of Article 6 and Article 13 under the Wareham Zoning By-Laws, to Joyce & Robert Beckett c/o William H. Lockwood, Lockwood Architects, LLC. of Onset, MA proposing a second-floor bathroom addition at the subject property located at, 6 Hammond Street., Wareham, MA (Assessors Map 2, Lot 59-B) in the OV-2 zoning district.

Nazih Elkallassi, Chairman

First Notice: April 18, 2024
Second Notice: April 25, 2024


COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket 24 SM 001456
ORDER OF NOTICE

To:
Jason Hastings AKA Jason P. Hastings; Ashleigh Hastings

and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. c. 50 §3901 (et seq):

Lakeview Loan Servicing, LLC,

claiming to have an interest in a Mortgage covering real property in Wareham, numbered 11 7th Avenue, given by Jason P. Hastings and Ashleigh Hastings to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ACTING SOLELY AS NOMINEE FOR FAIRWAY INDEPENDENT MORTGAGE CORPORATION., dated October 7, 2022, and recorded in Plymouth County Registry of Deeds in Book 57308, Page 202, 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 May 27, 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 April 11, 2024.

Attest: Deborah J. Patterson, Recorder
24-003693


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, May 1, 2024, at 6:00 P.M.

On the Request for Determination of Applicability for:
Kristin Soby
6 Riplah Road / PO Box 1321
Onset, MA 02558

Replace existing wood stoop & stairs, wood shed attached to my cottage, and plastic storgae bin with a wood deck. Location is about 88.5’ from the Resources Area (Muddy Cove). Building surround around outdoor shower. The cottage was built in 1925. The property owner has given approval to proceed (see attached letter). All immediate abutters on the campgrounds have been notified. The interior and south side of the cottage is also being renovated/remodeled, but all of that is more than 100’ from the Resource Area and not under the DEP or WCC’s jurisdiction.
Map 13 Lot 1031, 6 Riplah 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, May 1, 2024, at 6:00 P.M.

On the Request for Determination of Applicability for:
Pinehurst Beach Association
PO Box 256
Wareham, MA 02571

Remove and replace a 4’x6’ deck/egress platform and six steps. The structure will be attached to the existing slab and structure. There will be no earthwork required. Debris will be removed from the site after the job. All work will be in compliance with CMR 720 Mass. State Building Code.
Map 46 Lot 1000, 114 Pinehurst Drive, 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, May 1, 2024, at 6:00 P.M.

On the Request for Determination of Applicability for:
Cherye and Rene Poyant
16 Old Woods Road
East Wareham, MA 02538

Scrape, level with fill 30 yards, loam 80 yards, hydroseed (double eagle) side yard. Install a 3 foot high, 39 foot long, 6x6 wood landscape retaining wall. 41 feet from the pond. Replace existing retaining walls by the back window (one is 8 feet long and one is 11.5 feet long / both are 1.5 feet high). Loam and hydroseed back of the house (pondside) and Install a stone swale on property line at 30’ No Activity Zone line.

Map 129 Lot 1038, 16 Old Woods 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, May 1, 2024, at 6:00 P.M.

On the Request for Determination of Applicability for:
Grace Lighthouse Fellowship
PO Box 1
Wareham, MA 02571

The Applicant seeks to construct a 4,566 SF modular building to be used as a church for religious use. In addition to construction of the building, the plan includes proposed septic system, gravel parking lot, draginage facilities, and landscaping.
Map 133 Lot 1000/B1 and 1000/C, 2703 & 2703R
Cranberry Highway, 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, May 1, 2024, at 6:00 P.M.

On the Request for Determination of Applicability for:
Wareham Land Trust
PO Box 718
Wareham, MA 02558

Resurface a parking area and path with 3/4 inch processed gravel to create an ADA-accessible public path to a salt marsh viewing area with bench and split rail fence within the buffer zone to the salt marsh and within the buffer zone to the salt marsh and within a flood zone. The project will also incolve minor vista pruning and long term invasive plant species management.
Map 54 Lot 1009, 120 Cromesett 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, May 1, 2024, at 6:00 P.M.

On the Request for Determination of Applicability for:
Russell J. Motto
PO Box 150
Buzzards Bay, MA 02571

Post-facto approval for reconfigured deck, stoop, landing, and steps
Map 1 Lot 316, 317, and 319, 30 Twelfth Street, Wareham, MA.

WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman


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 June 10, 2024 at 11:00 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 

CITATION GIVING NOTICE OF PETITION TO EXPAND THE POWERS OF GUARDIAN
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA  02360
Docket No. PL23P0820GD
 
In the interests of: George Maurice
of: East Wareham, MA 
RESPONDENT 
Incapacitated Person/Protected Person
 
To the named Respondent and all other interested persons, a petition has been filed by Sam Mamary o/b/o Royal Falmouth in the above captioned matter, requesting that the court:
 
Expand the Powers of a Guardian.
 
The petition asks the court to make a determination that the powers of the Guardian and/or Conservator should be expanded, modified or limited since the time of appointment.  The original petition is on file with the court.
 
You have the right to object to this proceeding.  If you wish to do so, you, or your attorney must file a written appearance at this court on or before 10:00 a.m. on the return day of 05/13/2024.  This day is NOT a hearing date, but a deadline date by which you have to file the written appearance if you object to the petition.  If you fail to file the written appearance by the return date, action may be taken in this matter without further notice to you.  In addition to filing the written appearance, you or your attorney must file a written affidavit stating the specific facts and grounds of your objection within 30 days after the return date.
 
IMPORTANT NOTICE
The outcome of this proceeding may limit or completely take away the above-named person’s right to make decisions about personal affairs or financial affairs or both.  The above-named person has the right to ask for a lawyer.  Anyone may make this request on behalf of the above-named person.  If the above-named person cannot afford a lawyer, one may be appointed at State expense.
 
Witness: Hon. Patrick W. Stanton, 
      First Justice of this Court
Date: April 12, 2024
Matthew J. McDonough, Register of Probate

 
NOTICE OF MORTGAGEE’S 
SALE OF REAL ESTATE
 
Premises: 167 Park Avenue, East Wareham (Wareham), MA 02538
 
    By virtue and in execution of the Power of Sale contained in a certain mortgage given by Paul Dicicco III to Mortgage Electronic Registration Systems, Inc., as Mortgagee, as nominee for Radius Financial Group, Inc., and now held by Carrington Mortgage Services, LLC, said mortgage dated August 10, 2012 and filed in the Plymouth County Registry District of the Land Court as Document No.: 695743 and noted on Certificate of Title No.: 117873, said mortgage was assigned from Mortgage Electronic Registration Systems, Inc. as nominee for Radius Financial Group, Inc. to JP Morgan Chase Bank, National Association by assignment dated February 5, 2015 and filed with Plymouth County Registry District of the Land Court as Document No.: 729277 and noted on Certificate of Title No.: 117873; said mortgage was assigned from JP Morgan Chase Bank, National Association to Carrington Mortgage Services, LLC by assignment dated April 20, 2022 and filed with Plymouth County Registry District of the Land Court as Document No.: 830817 and noted on Certificate of Title No.: 117873; for breach of the conditions in said mortgage and for the purpose of foreclosing the same will be sold at Public Auction on June 3, 2024 at 01:00 PM Local Time upon the premises, all and singular the premises described in said mortgage, to wit:
 
The land, with the buildings thereon, now known and numbered as 167 Park Avenue, East
Warham, Plymouth County, Commonwealth of Massachusetts. Said premises are shown as Lots numbered 1008, 1009 and 1010 on a plan of land drawn by Frederic O. Smith, Surveyor and registered with Plymouth County District of the Land Court as Plan Number 8702B (Sheet 8) and filed with Certificate of Title Number 2383. 
 
Said premises are conveyed subject to and with the benefit of easements, restrictions, reservations and rights of way of record so far as the same are now in force and applicable. 
 
Property Address: 167 Park Avenue East Wareham, MA 02538
 
  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, 2012 and registered with the Plymouth County Registry District of the Land Court as Document No.: 695742 and noted on Certificate of Title No.: 117873.
 
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 Carrington Mortgage Services, LLC
Present Holder of the Mortgage
(401) 217-8701 

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. PL24C0095CA

In the matter of: Patrick Brian Kelley

A Petition to Change Name of Adult has been filed by Patrick Brian Kelley, aka Patrick Rooney of Wareham, MA requesting that the Court enter a Decree changing their name to: Patrick Brian Rooney
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 05/06/2024.
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: April 04, 2024
Matthew J. McDonough, Register of Probate