Legal Advertisements - Week of August 10, 2023

Aug 10, 2023

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 August 23, 2023 at 6:30 p.m. in
Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 30-23 for a Variance from the requirements of Article 11, Section 1160, 1162 and 1172; paragraph 2, note 3 under the Wareham Zoning By-Laws, to Wareham Fire District of 2550 Cranberry Highway, Wareham, MA seeking to add a Two Sided Digital Message Display Sign at 271 Main Street, Wareham, MA (Assessors Map 47, Lot 1151) in the WV-1 zoning district.

Nazih Elkallassi, Chairman

First Notice: August 3, 2023
Second Notice: August 10, 2023


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. PL23P1696EA

Estate of: Marilyn F Coletti
Also known as: Marilyn Brennan Coletti
Date of Death: 07/15/2019

To all interested persons:

A Petition for Late and Limited Formal Testacy and/or Appointment has been filed by Ashley M Coletti of East Wareham 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 Ashley M Coletti of East Wareham 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 09/01/2023.

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. Edward G. Boyle,
First Justice of this Court
Date: August 01, 2023
Matthew J. McDonough, Register of Probate


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. PL23P1618EA

Estate of: Robert James Peavey
Also known as: Robert James Peavey, Sr.
Date of Death: 04/22/2023

To all interested persons:

A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Kerry Ann Harlor of Mansfield 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 Kerry Ann Harlor of Mansfield 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 09/05/2023.

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. Edward G. Boyle,
First Justice of this Court
Date: August 03, 2023
Matthew J. McDonough, Register of Probate


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

NOTICE OF PUBLIC HEARING

Notice is hereby given that the Select Board has received an application for:

Transfer of an existing Common Victualler All Alcoholic Beverages License from Stevie B’s, Inc. d/b/a Onset Sports Resort, Inc. to Bebos Sports Grill LLC, d/b/a Bebo’s Sports Grill, 270 Onset Avenue, Wareham, MA. 02538, under the provisions of Chapter 138 of the Massachusetts General Laws for the year 2023.

One level building totaling 3613 sq ft. Gross interior area is 3035 sq ft, enclosed patio is 538 sq ft. One level with a kitchen, bar, dance floor, stage, booth, office, storage room, bathrooms, seating area on main floor, and pool table area. Building has two entrances and three exits. Enclosed patio, outdoor seating consisting of six tables and service bar with three stools.

It is ordered: That a virtual public hearing be held on said application within the Select Board’s Meeting at approximately 7:15 p.m. on the 15th of August, 2023.

To join meeting:
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


LEGAL NOTICE
MORTGAGEE’S SALE OF REAL ESTATE

By virtue of and in execution of the Power of Sale contained in a certain mortgage given by Robert Fuller to Bank of America, NA, dated March 22, 2007 and recorded in Plymouth County Registry of Deeds in Book 34723, Page 248 (the “Mortgage”) of which mortgage U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for RCF 2 Acquisition Trust is the present holder by Assignment from Bank of America, N.A. to Wilmington Savings Fund Society, FSB, doing business as Christiana Trust, not in its individual capacity, but solely as trustee for BCAT 2015-
14BTT dated October 17, 2015 and recorded at said Registry of Deeds in Book 46262, Page 302, and Assignment from Wilmington Savings Fund Society, FSB, doing business as Christiana Trust, not in its individual capacity, but solely as trustee for BCAT 2015-
14BTT to Wilmington Savings Fund Society, FSB, not in its individual capacity, but solely as trustee for BCAT 2020-1TT dated June 24, 2020 and recorded at said Registry of Deeds in Book 53067, Page 38, and Assignment from Wilmington Savings Fund Society, FSB, not in its individual capacity, but solely as trustee for BCAT 2020-1TT to MCLP Asset Company, Inc. dated November 19, 2021 and recorded at said Registry of Deeds in Book 56241, Page 295, and Assignment from MCLP Asset Company, Inc. to U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for RCF 2 Acquisition Trust dated December 8, 2021 and recorded at said Registry of Deeds in Book 56241, Page 298, for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at 7 Cliff Avenue, Wareham, MA 02571 will be sold at a Public Auction at 10:00 AM on August 23, 2023, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit:

ALL THAT CERTAIN PROPERTY SITUATE IN WAREHAM, COUNTY OF PLYMOUTH, COMMONWEALTH OF MASSACHUSETTS, BEING MORE PARTICULARLY DESCRIBED IN A DEED RECORDED 05/18/2004 IN BOOK 28236, AT PAGE 346, AMONG THE LAND RECORDS OF THE COUNTY SET FORTH ABOVE.

KNOWN AS: 7 CLIFF AVE

The land, together with the buildings thereon, now known as and numbered 7 Cliff Avenue, situated in Wareham, Plymouth County, Massachusetts, on the southerly side of Arnold Road and comprising in the westerly half of Lot 531 and the whole of Lot 530 as shown on a plan entitled “Plan of Resubdivision of Lots, Swifts Neck, Wareham, Mass. Dated May 4, 1933, by Arnold E. Shaier, C.E.” recorded with the Plymouth County Registry of Deeds at Plan Book 5, Page 237, said premises being bounded and described as follows:

On the NORTHWEST: by Arnold Road, as shown on said Plan, fifty-one and 00/100 (51.00) feet,

On the NORTHEAST: by the easterly half of Lot 531, as shown on said Plan, forty-eight and 33/100 (48.33) feet;

On the SOUTHEAST: by Lots 546 and 547, as shown on said Plan, fifty-one and 00/100 (51.00) feet; and

On the SOUTHWEST: by Cliff Avenue, as shown on said Plan, forty-eight and 33/100 (48.33) feet.

Together with the rights and privileges and appurtenances thereto and all buildings and land improvements thereon; but subject to all easements, rights-of-way, reservations, restrictions and encumbrances of record, to all zoning laws and ordinances, and to any state of facts that an accurate survey or inspection of the premises would show.

For mortgagor’s title see deed recorded with the Plymouth County Registry of Deeds in Book 28236, Page 346.

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 encumbrances 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.

Terms of the Sale: Cashier’s or certified check in the 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 by certified check in thirty (30) days from the date of the sale at the offices of mortgagee’s attorney, Korde & Associates, P.C., 900 Chelmsford Street, Suite 3102, Lowell, MA or such other time as may be designated by mortgagee. The description for the premises contained in said mortgage shall control in the event of a typographical error in this publication.

Other terms to be announced at the sale.

U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for RCF 2 Acquisition Trust
Korde & Associates, P.C.
900 Chelmsford Street
Suite 3102
Lowell, MA 01851
(978) 256-1500
Brown, Angela, 18-031361


COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket 23 SM 002913
ORDER OF NOTICE

To:
Matthew C. Wilson

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 (East Wareham), numbered 68 Mayflower Lane, given by Matthew C. Wilson to Mortgage Electronic Registration Systems, Inc., as nominee for Stearns Lending, LLC, dated May 15, 2015, and recorded in Plymouth County Registry of Deeds in Book 45548, Page 211, 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 September 11, 2023, 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 July 25, 2023.

Attest: Deborah J. Patterson, Recorder
23-007363


PLANNING BOARD
54 Marion Road
Wareham, MA 02571

NOTICE OF PUBLIC HEARING

The Wareham Planning Board will hold a public hearing on September 11, 2023 at 6:00 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #12-23 for a Site Plan Review & Special Permit from the requirements of Table 320, Article 5, Section 590 and Article 15 of the Wareham Zoning By-Laws, to 370 County Rd., LLC. c/o Prime Engineering, Inc. of 350 Bedford Street, Lakeville, MA 02347 proposing a ground mounted photovoltaic solar array located at, 370 County Road (Assessors Map 64, Lot(s) 1006, 1008, 1009, 1010 and Map 65, Lot(s) 1000A, 1000B & 1001) in the R-60 zoning district.

Wareham Planning Board
Michael King, Chairman

First Notice: August 10, 2023
Second Notice: August 17, 2023


NOTICE OF MORTGAGEE’S SALE
OF REAL ESTATE

Premises: 21 Camardo Drive, Wareham, Massachusetts 02571, By virtue and in execution of the Power of Sale contained in a certain mortgage given by Scott A. Kinsman, Walter P. Nee and Colleen M. Nee-Kinsman to SunTrust Mortgage, Inc, dated January 13, 2003, and recorded with the Plymouth County Registry of Deeds in Book 23930 at Page 21, as affected by an assignment of mortgage to Federal National Mortgage Association, dated July 1, 2013, and recorded with said Registry in Book 43309 at Page 326, as affected by an assignment of mortgage to US Bank Trust National Association, not in its individual capacity but solely as Owner Trustee for VRMTG Asset Trust, dated November 5, 2021, and recorded with said Registry in Book 56051 at Page 267, of which mortgage the undersigned is the present holder by assignment, for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold by Public Auction at 12:00 o’clock P.M. on the 17th day of August, 2023 at the mortgaged premises located at 21 Camardo Drive, Wareham, MA 02571, Plymouth County, Massachusetts, all and singular the premises described in said mortgage, To wit: The land at 21 Camardo Drive, Wareham, Plymouth County, Massachusetts being shown as Lot 172 shown 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”, dated April 20, 1972. By Walter E. Rowley & Associates, Inc., recorded with Plymouth County Registry of Deeds, Plan Book 16, Page 621, bounded and described as follows: WESTERLY by Camardo Drive, one hundred (100) feet; NORTHERLY by Lot 171 as shown on a plan hereinafter mentioned, one hundred one and 06/100 (101.06) feet; EASTERLY by the land of Shady Lane Cranberry Co., as shown on said plan, one hundred (100) feet; SOUTHERLY by Lot 173, as shown on said plan, one hundred one and 06/100 (101.06) feet. Said Premises are subject to the following encumbrances: 1. Rights in the roadways set forth in a Deed from Anthony J. Camardo and William D. Parker, dated September 20, 1971, recorded with said Deeds, Book 3711, Page 457; 2. Easement to New Bedford Gas and Edison Light Company, et al, dated December 14, 1971, recorded with said Deeds, Book 3738, Page 774; 3. Covenants set forth in a Declaration by Cromesett Road Corp., dated April 5, 1972, recorded with said Deeds, Book 3765, Page 120, so far as the same are now in force and effect.; 4. Taking by the Town of Wareham for the layout of Camardo Drive, dated May 29, 1976, recorded with said Deeds, Book 4168, Page 505. For Mortgagors’ title, see deed dated January 13, 2003, and recorded in Book 23930, at Page 19 in the Plymouth County Registry of Deeds. Premises to 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 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. High bidder to sign written memorandum of sale upon acceptance of the high bid. The balance of the purchase price is to be paid by certified or bank check at Friedman Vartolo LLP, 85 Broad Street, Suite 501, New York, New York 10004, within thirty (30) days from the date of the sale. Deed will be provided to purchaser for recording upon receipt in full of the purchase price. 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.
US Bank Trust National Association, not in its individual capacity but solely as Owner Trustee for VRMTG Asset Trust, Present holder of said mortgage by its Attorneys, Friedman Vartolo LLP 85 Broad Street, Suite 501, New York, New York 10004


TOWN OF WAREHAM
CONSERVATION COMMISSION
MEMORIAL TOWN HALL
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, August 16, 2023, at 6:30 P.M.

On the Request for Notice of Intent for:

Buzzards Bay Coalition
114 Front Street
New Bedford, MA 02740

Invasive plant management to control approximately 0.8 acres of invasive plants fringing a newly restored section of shoreline along the Weweantic River on Assessors Maps 80 & 81, Lot 1000 & 1018, 36 Station Street, Wareham, MA.

WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman


TOWN OF WAREHAM
CONSERVATION COMMISSION
MEMORIAL TOWN HALL
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, August 16, 2023, at 6:30 P.M.

On the Request for Notice of Intent for:

Robert Peterson
86 Shore Avenue
Wareham, MA 02571

To replace the existing deck attached to the rear of the house with a completely new deck of the same dimensions, new footings will be installed on Assessors Maps 50D, Lot 125, 86 Shore Avenue, Wareham, MA.

WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman


TOWN OF WAREHAM
CONSERVATION COMMISSION
MEMORIAL TOWN HALL
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, August 16, 2023, at 6:30 P.M.

On the Request for Determination of Applicability for:

Warren 176 Main St QOZB LLC
c/o GAF Engineering, Inc.
266 Main Street
Wareham, MA 02571

To construct a small parking field, stormwater infiltration galleys, a 24’ x 22.5’ concrete patio and a 2,000-gallon grease trap, within Land Subject to Coastal Storm Flowage on Assessors Map 47, Lot 1113, 176 Main Street, Wareham, MA.

WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman


TOWN OF WAREHAM
CONSERVATION COMMISSION
MEMORIAL TOWN HALL
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, August 16, 2023, at 6:30 P.M.

On the Request for Determination of Applicability for:

Kenneth and Teresa Lovely
5 Priscilla Avenue
Wareham, MA 02538

Replace an existing 13” concrete wall in the same footprint as an existing concrete wall on Assessors Map 124, Lot 92, 24 Harding Avenue, Wareham, MA.

WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman


TOWN OF WAREHAM
CONSERVATION COMMISSION
MEMORIAL TOWN HALL
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, August 16, 2023, at 6:30 P.M.

On the Request for Notice of Intent for:

c/o Prime Engineering, Inc.
P.O. Box 1088
Lakeville, MA 02347

To construct a large-scale ground-mounted photovoltaic solar array on Assessors Maps 64 and 65, Lot 1006, 1008, 1009 & 1010, and 1000A, 1000B, & 1001, 370 County Road, Wareham, MA.

WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman


INFORMAL PROBATE
PUBLICATION NOTICE
Commonwealth of Massachusetts
The Trial Court
Plymouth Division
Docket No. PL23P1636EA

Estate of: Patricia H. Sicuso
Date of Death: 03/05/2023

To all persons interested in the above captioned estate, by Petition of

Petitioner Karen Kohler of Wareham, MA

a Will has been admitted to informal probate.

Karen Kohler of Wareham, MA

has been informally appointed as the Personal Representative of the estate to serve without surety on the bond.

The estate is being administered under informal procedure by the Personal Representative under the Massachusetts Uniform Probate Code without supervision by the Court. Inventory and accounts are not required to be filed with the Court, but interested parties are entitled to notice regarding the administration from the Personal Representative and can petition the Court in any matter relating to the estate, including distribution of assets and expenses of administration. Interested parties are entitled to petition the Court to institute formal proceedings and to obtain orders terminating or restricting the powers of Personal Representatives appointed under informal procedure. A copy of the Petition and Will, if any, can be obtained from the Petitioner.


PLANNING BOARD
54 Marion Road
Wareham, MA 02571

NOTICE OF PUBLIC HEARING

The Wareham Planning Board will hold a public hearing on September 11, 2023 at 6:00 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #11-23 for a Site Plan Review from the requirements of Table 320, Article 5, Section 590 and Article 15 of the Wareham Zoning By-Laws, to Wareham PV I, LLC c/o VHB of 101 Walnut Street, Watertown, MA 02472, for a proposed ± 3.5-megawatt AC large ground-mounted solar energy facility, located at 0 Route 25, Wareham, MA (Assessor’s Map 115 Lot 1000) in the R-130 zoning district.

Wareham Planning Board
Michael King, Chairman

First Notice: August 10, 2023
Second Notice: August 17, 2023