Legal Advertisements - Week of February 17, 2022

Feb 17, 2022

TOWN OF WAREHAM
OFFICE OF THE TOWN CLERK
54 Marion Road
Wareham, Massachusetts 02571
(508) 291-3100, Ext. 3140
Fax: (508) 291-6511

Michele Bissonnette
Town Clerk
mbissonnette@wareham.ma.us

Feb 7, 2022

In accordance with Chapter 40 Section 32 of the General Laws of the Commonwealth of Massachusetts, this bulletin contains the General By-law Amendment adopted at the Annual Fall Town Meeting convened on October 25, 2021, Articles 6 & 15 approved with Article 19 approved with partial disapproval by Assistant Attorney General Kelli E. Gunagan on February 2, 2022.
Claims of invalidity by reason of any defect in the procedure of adoption of amendment of this by-law only must be made within ninety (90) days of the date of posting.
The Attorney General’s complete letter may be viewed at www.wareham.ma.us/town-clerk, News and Announcements.

The following is a true copy attest of the vote on Article 6 of the Annual Fall Town meeting
held on October 25, 2021

ARTICLE 6 - AMEND TREMONT NAIL FACTORY BUILDING AND GROUNDS

To see if the Town vote to amend Town By-Law Division I, Article VI, Section 4 Revolving Funds by deleting the current Tremont Nail Factory Building Grounds table and inserting the following revolving fund to the current Table in place:

Revolving
Fund
Authorizing to Spend Fund Revenue Source Use of Fund FY21 (current)
Spending Limit
Disposition of
FY 20 (prior) Fund Balance
Tremont Nail Factory Building Grounds Director of Municipal Maintenance Rents, Fees, Charges, Fund Raising Operating costs of building and grounds, debt and repayments to the Community Preservation Fund $500,000 Unencumbered balance from FY20 funds transferred to FY21 revolving fund

Motion passes by Consent Agenda

 

The following is a true copy attest of the vote on Article 15 of the Annual Fall Town meeting
held on October 25, 2021

ARTICLE 15 - WAHT MODIFY QUORUM REQUIREMENT

To see if the Town will vote to change Town of Wareham By-Laws Division VII, Article III, Sub-section 7: From, “Four (4) Trustees shall constitute a quorum, but a majority vote of the full membership shall be required to approve any motion”
To, “Three (3) Trustees shall constitute a quorum and a majority vote of the full membership shall be required to approve any motion”.

Motion passes unanimously

The following is a true copy attest of the vote on Article 19 of the Annual Fall Town meeting
held on October 25, 2021

ARTICLE 19 - ZOOM MEETINGS WARRANT ARTICLE

To see if the Town will vote to amend the Town’s General Bylaws by adding the following Sections to Division I, Article II, namely Section 5 and Section 6:
Section 5:
The Board of Selectmen, Zoning Board of Appeals, Conservation Commission, Planning Board, Board of Health, and any other Board which deals with Land Use or holds Adjudicatory hearings shall cause all its meetings to be shown live through ZOOM or another secure, reliable video platform that empowers residents to participate in hearings and meetings as if they were in the meeting room. The website and code shall be placed on every agenda and shall be found electronically via the already established News & Announcements system, http://www.wareham.ma.us/subscriber.shtml, and on the Town’s Website, a notice of the hour and place of their regular meetings.
Section 6:
The Board of Selectmen, Zoning Board of Appeals, Conservation Commission, Planning Board, Board of Health, and any other Board which hold Adjudicatory hearings shall be forbidden to refuse to acknowledge or accept comments from residents during Citizen’s Participation, Citizen’s Input for hearings, or at any other time in which Citizens are invited to participate in a meeting, as long as they do not address any issues that are currently before a Court of Law. Threatening to sue the Town, or filing an appeal to a Board decision shall not prohibit a resident from participating in other matters which come before the Town’s Boards, Committees and Commissions.

Sponsored by Jody Santagate

Motion made to divide main motion into parts A & B, A being Zoom, B being Citizen’s Participation.
Motion defeated

Main motion passes by hand count
Yes 110 No 59

Note: Pursuant to G.L. c. 40, § 32, neither general nor zoning by-laws take effect unless the Town has first satisfied the posting/publishing requirements of that statute. Once this statutory duty is fulfilled, (1) general by-laws and amendments take effect on the date these posting and publishing requirements are satisfied unless a later effective date is prescribed in the by-law, and (2) zoning by-laws and amendments are deemed to have taken effect from the date they were approved by the Town Meeting, unless a later effective date is prescribed in the by-law.

Very truly yours,

MAURA HEALEY
ATTORNEY GENERAL
Margaret J. Hurley
By: Kelli Gunagan, Asst Attorney General


 

WAREHAM FIRE DISTRICT
INVITATION TO BID

The Board of Water Commissioners of the Wareham Fire District, Wareham, MA will receive sealed Bids for the Bourne Hill and West Wareham Tank Rehabilitations in Wareham, MA until Thursday, March 3rd, 2022, at 1:00 PM local time, at the Wareham Fire District Water Department Board of Water Commissioners Office, 2550 Cranberry Highway, Wareham, MA 02571 at which time and place they will be publicly opened and read.

The project consists of rehabilitation of the Bourne Hill and West Wareham steel water standpipes in Wareham, Massachusetts, which includes full coating system replacement on the interior and exterior surfaces of the tanks and other appurtenant work on tanks. Surface preparation requires full containment on the exterior, or if approved by the Owner, the use of a self-contained robotic steel grit abrasive machine with an isolated containment system or other approved containment systems. Bourne Hill rehabilitation is scheduled to take place in fall 2022 and West Wareham rehabilitation in spring of 2023.

The Bidder must be able to demonstrate that his/her firm has a minimum of five (5) years’ experience with full containment systems, surface preparation and high-performance recoating of at least five (5) similar sized potable water tanks in New England.

Bidding Documents are available in electronic PDF file format and hard copy format starting February 17th. Electronic or hardcopy files can be obtained by contacting Haley Ward, Inc. - email Anne Ford, aford@haleyward.com.

Bids for this Contract are subject to the provisions of Massachusetts General Laws (MGL) Chapter 30, Section 39M.


ZONING BOARD OF APPEALS
54 Marion Road
Wareham, MA 02571

NOTICE OF ONLINE PUBLIC HEARING
March 9, 2022
Starting at 6:30 PM

https://us02web.zoom.us/j/84813590221?pwd=dVl1cVhQWW1obFNQS2t5OENpc3NRUT09
Meeting ID: 848 1359 0221

One tap mobile:
+1 929 205 6099,,,,*735879#

The Zoning Board of Appeals will hold a public hearing on March 9, 2022 at 6:30 p.m. via Zoom to consider Petition #6-22 for a Special Permit from the principal use regulation requirements of Article 3, Section 320 and a Use Variance from the requirements of Article 14, Section 1460, under the Wareham Zoning By-Laws, to Lara Smith Flory of 27 Standish Ave, Wareham, MA 02538 seeking to operate a home office located at, 27 Standish Ave, Wareham, MA 02538 (Assessors Map 121, Lot 1576) in the R-130 zoning district.

Nazih Elkallassi, Chairman

First Notice: February 17, 2022
Second Notice: February 24, 2022


TOWN OF WAREHAM
BOARD OF SELECTMEN

NOTICE OF PUBLIC HEARING

Notice is hereby given that CCC Wareham Store, LLC d/b/a Cape Cod Coffee, Jan Aggerbeck, Manager, 2421 Cranberry Highway, Wareham, MA has applied to the Board of Selectmen for an Annual Common Victualler All Alcoholic Beverages License, under the provisions of Chapter 138 of the Massachusetts General Laws for the year 2022.

One floor café, approximately 3,056 square feet, inclusive of a dining room, front kitchen, back kitchen, two (2) restrooms and outdoor patio area. There are two (2) entrances and four (4) exits.

It is ordered: That a virtual public hearing be held on said application within the Selectmen’s Meeting at approximately 7:30 p.m. on Tuesday March 1, 2022.

To join meeting:
https://us02web.zoom.us/j/83258925070?pwd=dzh3SmlzTzBLaG1teEJmakpZb2lsZz09
Webinar ID: 832 5892 5070
Passcode: 962288
One tap mobile:
+1 929 205 6099 (New York)
+1 301 715 8592 (Washington DC)

WAREHAM BOARD OF SELECTMEN

Judith Whiteside, Chair
Patrick G. Tropeano, Clerk
James M. Munise
Alan H. Slavin
Peter W. Teitelbaum, Esq.


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. PL22P0080EA

Estate of: Barbara A Tamagini
Date of Death: 12/14/2021

To all interested persons: A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Robert F Tamagini of 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 Robert F Tamagini of 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 03/14/2022.
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: February 14, 2022
Matthew J. McDonough, Register of Probate


COMMUNITY OUTREACH NOTICE

Notice is hearby given that a Community Outreach Meeting for ASV MA Operating Inc., a proposed Marijuana Establishment, is scheduled for March 10, 2022 at 5:00 PM. The meeting will be held in Room 27, Wareham Town Hall, 54 Marion Road Wareham, MA. The proposed Marijuana Product Manufacturer will be located at 3065 Cranberry Highway, Wareham, MA. There will be an opportunity for the public to ask questions at the meeting.


TOWN OF WAREHAM
BOARD OF SELECTMEN

NOTICE OF PUBLIC HEARING

In accordance with the provisions of Chapter 130, Section 60, of the Massachusetts General Laws, a virtual public hearing will be held on Tuesday, March 1, 2022 at approximately 7:40 P.M. within the Board of Selectmen’s Meeting on the modification of Grant No. W-3 of David Paling and Philip Chiaraluce, 19 Highland Rd, Wareham to remove David Paling. Said grants consist of 6.82 acres, more or less. A more particular description may be obtained in the Selectmen’s Office, Memorial Town Hall, 54 Marion Road, Wareham, MA.

To join meeting:
https://us02web.zoom.us/j/83258925070?pwd=dzh3SmlzTzBLaG1teEJmakpZb2lsZz09
Webinar ID: 832 5892 5070
Passcode: 962288
One tap mobile:
+1 929 205 6099 (New York)
+1 301 715 8592 (Washington DC)

WAREHAM BOARD OF SELECTMEN

Judith Whiteside, Chairman
Patrick G. Tropeano, Clerk
James M. Munise
Alan H. Slavin
Peter W. Teitelbaum, Esq.


TOWN OF WAREHAM
ZONING BOARD OF APPEALS
54 Marion Road
Wareham, MA 02571

NOTICE OF ONLINE PUBLIC HEARING
March 9, 2022
Starting at 6:30 PM

https://us02web.zoom.us/j/84813590221?pwd=dVl1cVhQWW1obFNQS2t5OENpc3NRUT09
Meeting ID: 848 1359 0221

One tap mobile:
+1 929 205 6099,,,,*735879#

The Zoning Board of Appeals will hold a public hearing on March 9, 2022 at 6:30 p.m. via Zoom to consider Petition #7-22 for a Special Permit from the principal use requirements of Article 3, Table 320, the principal residential building per lot requirement of Article 6, Section 613, and Site Plan Review from the site plan review requirements of Article 15, Section 1520 under the Wareham Zoning By-Laws, to R.J. Motto, Inc. of P.O. Box 150, Buzzards Bay, MA 02532 seeking to construct two new residential duplex style dwellings to the rear of an existing duplex structure at the front of the property located at, 21 Old Glen Charlie Road, Wareham, MA 02538 (Assessors Map 129, Lot 1101/C1) in the CS zoning district.

Nazih Elkallassi, Chairman

First Notice: February 17, 2022
Second Notice: February 24, 2022