Legal Advertisements - Week of August 4, 2022

Aug 4, 2022

TOWN OF WAREHAM
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 24, 2022 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 26-22 for a Variance, from the requirements of MGL Chap 40A, Section 6 under the Wareham Zoning By-Laws, to Dos Amigos Realty, LLC., c/o Jilian Morton Esq. of 184 Main Street, Wareham MA proposing a three (3)-Bedroom Dwelling on a merged lot at 12 Larch Street, Wareham, MA (Assessors Map 38, Lot 512) in the R-30

Nazih Elkallassi, Chairman
First Notice: August 4, 2022
Second Notice: August 11, 2022


TOWN OF WAREHAM
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 24, 2022 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #29-22 for a Special Permit, from the requirements of Article 3, Section 320 under the Wareham Zoning By-Laws, to Joshua A. DeOlim, Trustee of 2618 Cranberry Highway Realty Trust c/o Robert L. Perry, Esq. of 194 Main Street, Suite 215, Wareham MA proposing to create a new Motor Vehicle Service Use (Service, Towing, Sales) in the CS Zoning District at the current business located at 2618 Cranberry Highway, Wareham, MA (Assessors Map 110, Lot 1051) in the CS zoning district

Nazih Elkallassi, Chairman

First Notice: August 4, 2022
Second Notice: August 11, 2022


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. PL22P1529EA

Estate of: Gladys M Hartley
Also known as: Gladys Marie Hartley
Date of Death: 12/24/2021

To all interested persons: A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Joel D Hartley of Marion 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 Joel D Hartley of Marion 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 08/26/2022.

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: July 26, 2022
Matthew J. McDonough, Register of Probate


COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket Number: 22 SM 001975

ORDER OF NOTICE

TO: Joseph P. Gomes a/k/a J. P. Gomes, Calvin Kyle Barros and Heirs, Devisees, and Legal Representatives of the Estate of Lisa Anne Barros

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

U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee for VRMTG Asset Trust

claiming to have an interest in a Mortgage covering real property in Wareham, numbered 12 Oakdale Street, given by the late Lisa Anne Barros to World Savings Bank, FSB, dated October 21, 2006, and recorded in Plymouth County Registry of Deeds in Book 33654, Page 328, and now held by Plaintiff by assignment, have filed with this court a complaint for determination of 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 9/5/2022 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 7/22/2022.

Attest: Deborah J. Patterson Recorder


MORTGAGEE’S SALE OF REAL ESTATE

By virtue of and in execution of the Power of Sale contained in a certain mortgage given by Patrick Fandel to HarborOne Bank, dated August 18, 2017 and recorded with Plymouth County Registry of Deeds in Book 48813, Page 102, covering the premises located at 11 Carleton Street, Unit 7, Wareham, Massachusetts (the “Premises”) of which mortgage HarborOne Bank 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 on August 16, 2022 at 10:00AM, at or upon the mortgaged premises located at 11 Carleton Street, Unit 7, Wareham, Massachusetts, more particularly described below, being all and singular the premises described in said mortgage, to wit:

The Unit (“Unit”) known as 11 Carleton Street, Unit 7 at Carleton Place Condominium (the “Condominium”), a Condominium established by the Grantor pursuant to Massachusetts General Laws Chapter 183A by Master Deed November 28, 2005 and recorded on November 30, 2005 with the Plymouth County Registry of Deeds in Book 31822, Page 1, as amended (“Master Deed”), which Unit is shown on the Floor Plans of the Building comprising the Condominium recorded simultaneously with said Master Deed, and is shown on the copy of a portion of said floor plans attached hereto and made a part hereof to which is affixed the verified statement of a professional land surveyor in the form required by Section 9 of said Chapter 183A. Unit Address: Unit 7 at 11 Carleton Street, Wareham, Massachusetts

The Unit is conveyed together with: (1) an undivided 2.84% Beneficial Interest in the common Areas and Facilities (“Common Elements”) of the Condominium described in the Master Deed; (2) the right to use such other Limited Common Elements (if any) described in said Master Deed as being appurtenant to the said Unit; (3) an easement for the continuance of all encroachments by the Unit on any adjoining Units or Common Elements existing as a result of construction of the Building or which may come into existence hereafter as a result of settling or shifting of the Building, or as a result of repair or restoration of the Building or of the Unit after damage or destruction by fire or other casualty, or after a taking in condemnation or eminent domain proceedings, or by reason of an alteration or repair to the Common Elements made by or with the consent of the Trustees; (4) an easement in common with the owners of other Units to use any pipes, wires, ducts, flues, cables, conduits, public utility lines and other Common Elements, located in any other unit or elsewhere in the Condominium, and serving the Unit conveyed hereby; and (5) rights and easements in common with other Unit Owners as described in the Master Deed.

Said Unit is conveyed subject to: (a) easement in favor of other Units and in favor of the Common Elements for the continuance of all encroachments of such adjoining or other Units or Common Elements on the Unit conveyed, now or existing as a result of construction of the Building, or which may come into existence hereafter as a result of settling or shifting of the Building, or as a result of repair or restoration of the Building, or of any adjoining Unit or of the Common Elements after damage or destruction by fire or other casualty, or after taking in condemnation or eminent domain proceedings, or by reason of an alteration or repair to the Common Elements made by or with the consent of the Trustee; (b) an easement in favor of the other Units to use the pipes, wires, ducts, flues, conduits, cables, public utility lines, and other Common Elements located in the Unit or elsewhere in the Condominium and serving such other Units; (c) the provisions of this Unit Deed, the Master Deed, the Declaration of Condominium Trust, and the Condominium Rules and Regulations, as the same may be amended from time to time, including, without limitation, the lease restrictions and Declarant’s Right of First Offer relating to Unit releases and transfers set forth in Section 17.A of the Master Deed, which shall constitute covenants running with the land and which shall bind any person having at any time any interest or estate in the Unit, as though such provisions were recited and stipulated at length herein; and (d) all easements, agreements, restrictions and other matters of record insofar as same are now n force and applicable. The Unit is intended only for residential purposes, as more fully described in the Master Deed. For my title see deed recorded herewith.

The Mortgagee reserves the right to postpone the sale to a later date by public announcement at the time and date appointed for the sale and to further postpone any adjourned sale date by public announcement at the time and date appointed for the adjourned sale date.

The premises will be sold subject to and with the benefit of all rights, restrictions, easements, improvements, outstanding tax titles, municipal or other public taxes, condo liens, assessments, Title 5 requirements, tenancies, rights of possession, building and zoning laws, betterments, liens or claims and all other claims in the nature of liens, if any there be, insofar as the same are still in force and applicable to the premises.

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.

If the successful bidder at the foreclosure sale defaults in purchasing the property according to the terms of this notice of sale 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 other successive bidders, in order of their bid) provided that such other bidder deposits with Mortgagee’s attorneys, Kline & Sanders, LLP, the amount of the required deposit as set forth below within three (3) business days after written notice of default of the previous highest bidder and title shall be conveyed to such other bidder within thirty (30) days of the default.

TERMS OF SALE: Seven Thousand Five Hundred and 00/100 Dollars ($7,500.00) is to be paid in cash, certified check and/or bank cashier’s check by the Purchaser at the time and place of sale. The balance of the purchase price is to be paid by the Purchaser by certified check and/or bank cashier’s check within thirty (30) days thereafter at the offices of Kline & Sanders, LLP, 233 Needham Street, Suite 460, Newton, MA 02464.

Other terms to be announced at the sale.

HARBORONE BANK,
the present holder of said mortgage
by its attorney,
KLINE & SANDERS, LLP
233 Needham Street, Suite 460
Newton, MA 02464
(617) 964-2200


NOTICE TO BIDDERS
TOWN OF WAREHAM, MASSACHUSETTS
INSTALLATION OF LOW-PRESSURE SEWER FORCE MAIN
CONTRACT NO. 2022-001

The Town of Wareham, Massachusetts, acting through its Water Pollution Control Facility, invites sealed bids for “Town of Wareham, Massachusetts, Installation of Low-Pressure Sewer Force Main, Contract No. 2022-001”, in accordance with the Contract Documents prepared by BETA GROUP, INC., Consulting Engineers, 701 George Washington Highway, Lincoln, RI 02865.

Bids will be received at the office of the: Wareham Water Pollution Control Facility
6 Tonys Lane
Wareham, MA 02571

until 10:00 A.M. local time on Thursday August 18, 2022, at which time and place, said Bids will be publicly opened and read aloud.

The location, general characteristics, and principal details of the Work are indicated in a set of Contract Documents, entitled “Town of Wareham, Massachusetts, Installation of Low-Pressure Sewer Force Main, Contract No. 2022-001”.

The work in this Contract includes, but is not limited to, the installation of approximately 4,500 linear feet of 1-1/4” thru 4” low-pressure sewer main, 13 manholes and 116 grinder pump stations in the Town of Wareham, MA.

Bids shall be on a Unit Price basis.

Bid Security: Certified, treasurer’s or cashier’s check or bid bond in the sum of five (5) percent of the Total Bid is required.

Contract Documents may be examined and obtained on the Town of Wareham’s website at https://www.wareham.ma.us/bids-rfps on Wednesday August 3, 2022.

A pre-bid conference advising bidders of bid conditions will be held at the Town of Wareham Water Pollution Control Facility on Wednesday August 10, 2022 at 10:00 A.M.

Direct all inquiries in writing to Guy Campinha, Director of Water Pollution Control Facility, Wareham, MA 02571, Phone #: (508) 295-6144, Fax #: (508) 291-0155, E-Mail Address: gcampinha@wareham.ma.us. The deadline for questions is Friday, August 12, 2022, at 4:00 P.M.

All Bids for this project are subject to applicable bidding laws of Massachusetts, including General Laws Chapter 30, Section 39M as amended.

Attention of bidders is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under this Contract as determined by the Department of Labor and Industries under provisions of the Massachusetts General Laws Chapter 149, Section 26-27D, inclusive, as amended.

No Bidder may withdraw his bid within Ninety (90) consecutive calendar days after the actual date of the opening thereof.

The successful Bidder must furnish 100 percent Performance and Labor and Materials Bonds.

The Owner, being considered the sole and only judge, reserves the right to waive any informalities in, or to reject, any or all bids, should the Owner deem it to be in the owner’s best interest to do so.

Town of Wareham, Massachusetts,
Wareham Water Pollution Control Facility


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 Julia Elizabeth Massi to Mortgage Electronic Registration Systems, Inc. acting solely as a nominee for USAA Federal Savings Bank, dated May 30, 2012 and recorded in Plymouth County Registry of Deeds in Book 41440, Page 299 (the “Mortgage”) of which mortgage USAA Federal Savings Bank is the present holder by Assignment from Mortgage Electronic Registration Systems, Inc., solely as nominee for USAA Federal Savings Bank, its successors and assigns to USAA Federal Savings Bank dated April 27, 2018 and recorded at said Registry of Deeds in Book 49776, Page 217, for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at 35 Nicholas Drive, Wareham, MA 02571 will be sold at a Public Auction at 3:00 PM on August 11, 2022, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit:

The land with the buildings thereon in Wareham, Plymouth County, MA, shown as LOT WS29 on a plan of land entitled “Comprehensive Permit Plan Cromesett Landing Title Sheet” off Camarado Drive, Wareham, MA, prepared for Wanco Management, Inc., dated March 24, 2003, which plan is recorded as Plan 601 of 2004 in the Plymouth County Registry of Deeds, Plan Book 48, Page 449.

Lot WS29 is also shown on “Plan of Land in Wareham, MA Cromesett Landing, Wareham, MA, Prepared for” Wanco Management, Inc., dated March 7, 2005” and recorded in the Plymouth County Registry of Deeds as plan 259 of 2005, in Book 49, Page 682. Subject to the following encumbrances of record:

Monitoring Service Agreement recorded in the Plymouth Registry of Deeds in Book 29701, Page 133.

Comprehensive Permit recorded in the Plymouth Registry of Deeds in Book 28779, Page 184, as modified in the Plymouth Registry of Deeds in Book 29584, Page 1, as amended in Book 30643, Page 224.

Regulatory Agreement recorded in the Plymouth Registry of Deeds in Book 29701, Page 143.

Declaration of Protective Covenants and Restrictions recorded in the Plymouth Registry of Deeds in Book 28837, Page 34, as amended in the Plymouth Registry of Deeds in Book 30148, Page 272.

Wetlands Order of Conditions recorded in the Plymouth Registry of Deeds in Book 26848, Page 142.

Easement recorded in the Plymouth Registry of Deeds in Book 29017, Page 122.

Drainage Easement (consisting of 2,080 square feet) as shown on Plan 601 of 2004 in the Plymouth County Registry of Deeds in Plan Book 48 at Page 449 (Page 451).

For title, see deed dated May 14, 2012, recorded herewith.

For mortgagor’s title see deed recorded with the Plymouth County Registry of Deeds in Book 41440, Page 296.

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.

USAA Federal Savings Bank
Korde & Associates, P.C.
900 Chelmsford Street
Suite 3102
Lowell, MA 01851
(978) 256-1500
Massi, Julia Elizabeth, 18-032659


TOWN OF WAREHAM
REQUEST FOR PROPOSALS AND QUALIFICATIONS

CDBG Grant Management and Related Services

On behalf of the Town of Wareham and pursuant to M.G.L. c. 30B, the Town Administrator requests proposals and qualifications from a qualified firm or team for grant implementation and management services for its Department of Planning and Community Development. Primary responsibilities will be the implementation of the Town’s FY 2021 Massachusetts CDBG Program, with secondary responsibilities for managing the other activities and assets of the Department.

Copies of the Request for Proposals and Qualifications (RFPQ) will be available on Wednesday, July 27, 2022 at 12:00 PM. You may obtain a copy on the Town of Wareham’s website at https://www.wareham.ma.us/bids-rfps, emailing a request to pneal@wareham.ma.us) or in the Administration Office at the Wareham Town Hall, 54 Marion Road, Monday through Thursday, 8:15 AM. - 6:00 PM.

Firms/individuals may submit individual qualifications and proposal packages in response to the RFQP. Firms/individuals must submit three copies of the complete proposal package to:

Mr. Derek Sullivan, Town Administrator
Memorial Town Hall
54 Marion Road
Wareham, Massachusetts 02571

Responses to this RFQP must be received on or before 4:00 P.M., Wednesday, August 24, 2022, at the Town Administrator’s Office. The Administrator is the awarding authority and reserves the right to reject any and all proposals when he deems it is in the best interest of the Town to do so. CDBG funds will be used to pay for the services described in this RFQP. All pertinent federal and state laws and regulations apply. The Town encourages participation by Section 3, disadvantaged, minority and women-owned businesses. The Town of Wareham is an AA/EEO Employer and contracting agency.


TOWN OF WAREHAM
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 24, 2022 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #27-22 for a Variance, from the requirements of Article 6, Section 628 under the Wareham Zoning By-Laws, to Carlton H. White Jr. of 17 West Central Avenue, Wareham MA proposing to raze and reconstruct a new single family dwelling at the subject dwelling located at 17 West Central Avenue, Wareham, MA (Assessors Map 1, Lot 632) in the OVR zoning district

Nazih Elkallassi, Chairman

First Notice: August 4, 2022
Second Notice: August 11, 2022


TOWN OF WAREHAM
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 24, 2022 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #28-22 for a Variance, from the requirements of Article 594.1, subsections 3, 4, and 5 under the Wareham Zoning By-Laws, to Wareham PV1, LLC. of 330 Congress Street, 6th Floor, Boston, MA requesting relief to reduce the landscape buffers at the property located at, 0 Route 25, Wareham, MA (Assessors Map 1000, Lot 115) in the R-130 zoning district

Nazih Elkallassi, Chairman

First Notice: August 4, 2022
Second Notice: August 11, 2022