Legal Advertisements - Week of June 22, 2023

Jun 22, 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 July 12, 2023 at 6:30 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 Article 15, Section 1520 under the Wareham Zoning By-Laws, to Peter Koulouras c/o Attorney Jilian Morton of 184 Main Street, Wareham, MA proposing to construct a 30’ x 40’ commercial building with associated parking lot at 3127 Cranberry Highway, Wareham, MA (Assessors Map 8, Lot B) in the CS zoning district.

Nazih Elkallassi, Chairman

First Notice: June 22, 2023
Second Notice: June 29, 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 July 12, 2023 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 25-23 for a Special Permit or a Variance from the requirements of Article 13, Section 1352 and Section 1353 under the Wareham Zoning By-Laws, to 37 Oak Street Realty Trust, James T. Dunn & Ellen M. Dunn, Trustees c/o Attorney Jilian Morton of 184 Main Street, Wareham, MA proposing to remove a shed and add onto their house located at, 37 Oak Street, Wareham, MA (Assessors Map 39, Lot T31) in the MR-30 zoning district.

Nazih Elkallassi, Chairman

First Notice: June 22, 2023
Second Notice: June 29, 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 July 12, 2023 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 26-23 for a Variance from the requirements of Article 6, Table 620 and 621 under the Wareham Zoning By-Laws, to Scott Green c/o Attorney Jilian Morton of 184 Main Street, Wareham, MA proposing to change the location of the footprint of the building located at, 17 Murphy Street, Wareham, MA (Assessors Map 50B, Lot 1-41) in the R-30 zoning district.

Nazih Elkallassi, Chairman

First Notice: June 22, 2023
Second Notice: June 29, 2023


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 Henrique J. Goncalves and Jennie Ann Goncalves to Gateway Funding Diversified Mortgage, dated January 24, 2007 and recorded in Plymouth County Registry of Deeds in Book 34032, Page 2 (the “Mortgage”) of which mortgage Mortgage Assets Management, LLC is the present holder by Assignment from Gateway Funding Diversified Mortgage to Seattle Mortgage Company dated January 24, 2007 and recorded at said Registry of Deeds in Book 34032, Page 12, and Assignment from Seattle Mortgage Company to Mortgage Electronic Registration Systems, Inc. dated February 20, 2007 and recorded at said Registry of Deeds in Book 34217, Page 118, and Assignment from Mortgage Electronic Registration Systems, Inc. to Nationstar Mortgage LLC dated November 26, 2012 and recorded at said Registry of Deeds in Book 42297, Page 121, and Assignment from Nationstar Mortgage LLC to Nationstar Mortgage LLC DBA Champion Mortgage Company dated October 7, 2019 and recorded at said Registry of Deeds in Book 51819, Page 240, and Assignment from Nationstar Mortgage LLC D/B/A Champion Mortgage Company to Mortgage Assets Management, LLC dated February 25, 2022 and recorded at said Registry of Deeds in Book 56852, Page 208, for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at 16 Oakdale Street, Wareham, MA 02571 will be sold at a Public Auction at 1:00 PM on July 19, 2023, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit:

Two parcels of land with all the buildings thereon in Wareham, Plymouth County, Massachusetts, situate at Oakdale, so called, being on the east side of the Wankinco River and bounded as follows:

FIRST PARCEL:

commencing at a stone monument on the west side of Chapel Street; thence southerly about seventy-five and 00/100 (75.00) feet to a stone monument on same side of street;

thence about one hundred and sixty and 00/100 (160.00) feet westerly to a stone monument on the Dr. Peter Mackie or Fearing line;

thence northerly about seventy-five and 00/100 (75.00) feet in the said line to a stone monument;

thence easterly about one hundred and sixty and 00/100 (160.00) feet to the bound first mentioned.

SECOND PARCEL:

A certain lot or parcel of land with the buildings thereon situated in Wareham, Plymouth County, Massachusetts, in that part of the Town called Oakdale, and bounded and described as follows:

Beginning at a stone bound at the Northeast corner of said Maxim’s present house lot and in line of a town highway;

thence northerly by said highway eighty-six and 00/100 (86.00) feet to a stone bound and corner;

thence North 84 3/4 degrees west one hundred and eighteen and 00/100 (118.00) feet, more or less, to a stone bound in line of land of heirs of J.B. Tobey;

thence Southerly one hundred and twelve and 00/100 (112.00) feet by said Tobey’s line to a stone bound at the Northwest corner of said Maxim’s present house lot;

thence easterly in line of said house lot to the first mentioned bound and point of beginning.

Together with all rights, privileges and easements connected therewith and subject to restrictions and easements of record and are hereby conveyed subject to any building and zoning law requirements which may be in force and applicable.

For our title, See Deed in Book 20989, Page 115 and recorded with the Plymouth County Registry of Deeds.

For mortgagor’s title see deed recorded with the Plymouth County Registry of Deeds in Book 20989, Page 115.

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.

Mortgage Assets Management, LLC
Korde & Associates, P.C.
900 Chelmsford Street
Suite 3102
Lowell, MA 01851
(978) 256-1500
Goncalves, Jennie, 22-041151


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

June 12, 2023

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 Town Meeting convened on October 24, 2022 under Article 11 approved by Assistant Attorney General Kelli E. Gunagan on May 15, 2023. (An extension was agreed upon for Art 11, decision to be issued on or before February 16, 2023 and a further extended deadline for 60-days until May 21, 2023)
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 the Town Clerk’s Office or at www.wareham.ma.us/town-clerk, News and Announcements.

Article 11 - Under Article 11 the Town voted to amend its general by-laws to add a new Division XIII, Article 1, “Waterway Rules,” that regulates the use of vessels and moorings in the Town. We approve Article 11 except for text in: (1) Section 102.0’s definitions of “Great Pond” and “Vessel;” (2) Section 103.1.6 regarding boat registration requirements; (3) Section 112.1 regarding operating vessels near swimming areas; and (4) Section 113.7 regarding requirements for divers, because these provisions are inconsistent with state law, including G.L. c. 90B and 91. See Amherst v. Attorney General, 398 Mass. 793, 795-96 (1986) (requiring inconsistency with state law or the Constitution for the Attorney General to disapprove a by-law).

Respectfully submitted by:
Debra Gremo
Town Clerk


NOTICE OF MORTGAGEE’S
SALE OF REAL ESTATE

By virtue and in execution of the Power of Sale contained in a certain mortgage given by David A. Hoffman, Deborah R. Hoffman to Mortgage Electronic Registration Systems, Inc., as nominee for Evolve Bank & Trust, dated August 1, 2011 and recorded in the Plymouth County Registry of Deeds in Book 40183, Page 230, of which mortgage the undersigned is the present holder, by assignment from:

Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Evolve Bank & Trust, its successors and assigns to Wells Fargo Bank, N.A., recorded on December 27, 2022, in Book No. 57549, at Page 191

for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at 9:00 AM on July 11, 2023, on the mortgaged premises located at 38 Wankinquoah Avenue, Wareham, Plymouth County, Massachusetts, all and singular the premises described in said mortgage,

TO WIT:
The land and buildings being shown and designated as Lot S-2-A containing 3,375 s.f. #38 on that certain plan entitled” Approval Not Required Plan of Land in Wareham, MA -38 & 38R Wankinco Avenue Wareham, MA”, prepared for David A. & Virginia R. Redner, prepared by G.A.F. Engineering Inc., dated April 9, 2007, recorded with Plymouth County Registry of Deeds as Plan in Plan Book 53, Page 46.
Subject to a two foot (2 ft.) wide Access Easement for the benefit of Lot S-2-B, 100 s.f. as shown on said plan.

For mortgagor’s(s’) title see deed recorded with Plymouth County Registry of Deeds in Book 40183, Page 228.

These premises will 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 Five Thousand ($5,000.00) Dollars by certified or bank check will be required to be paid by the purchaser at the time and place of sale. The balance is to be paid by certified or bank check at Harmon Law Offices, P.C., 150 California St., Newton, Massachusetts 02458, or by mail to P.O. Box 610389, Newton Highlands, Massachusetts 02461-0389, within thirty (30) days from the date of sale. Deed will be provided to purchaser for recording upon receipt in full of the purchase price. The description of the premises contained in said mortgage shall control in the event of an error in this publication.

Other terms, if any, to be announced at the sale.

WELLS FARGO BANK, N.A.
Present holder of said mortgage

By its Attorneys,
HARMON LAW OFFICES, P.C.
150 California St.
Newton, MA 02458
(617)558-0500
23623


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. PL23C0141CA

In the matter of: Shalene Denise Cooperwood

A Petition to Change Name of Minor has been filed by Shalene Denise Cooperwood, aka Shaylene Denise Cooperwood of Wareham, MA requesting that the Court enter a Decree changing their name to: Shaylene Denise Kennedy

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 07/17/2023.
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. Edward G. Boyle,
First Justice of this Court
Date: June 13, 2023
Matthew J. McDonough, Register of Probate


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. PL23C0142CA

In the matter of: Joseph Dennis Abdou

A Petition to Change Name of Minor has been filed by Joseph Dennis Abdou of Wareham, MA requesting that the Court enter a Decree changing their name to:Joseph Dennis Kennedy

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 07/10/2023.
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. Edward G. Boyle,
First Justice of this Court
Date: June 09, 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. PL23P1272EA

Estate of: Louise D Buchanan
Date of Death: 02/04/2023

To all interested persons:

A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Laurie A Lawrence of Onset 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 Laurie A Lawrence of Onset 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 07/14/2023.

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: June 14, 2023
Matthew J. McDonough, Register of Probate


WAREHAM FIRE DISTRICT
FIRE DEPARTMENT
STATION ONE ROOF REPLACEMENT
PROCUREMENT PER M.G.L. CHAPTER 149

INVITATION TO BID

The Wareham Fire District Fire Department is seeking sealed bids for the Station One roof replacement, 273 Main Street Wareham, MA 02571. This procurement is subject to the competitive requirements of M.G.L Chapter 149. Qualified bidders are requested to submit bids on prescribed forms to the Wareham Fire District Water Department, 2550 Cranberry Highway, Wareham, MA 02571. These bids are due no later than Thursday, July 6th, 2023, at 1:00 p.m. The bids will be opened and read publicly at 1:00 p.m. All bids shall be sealed and clearly marked “Station One Roof Replacement.” Specifications, contractor qualifications, prevailing wage rates, bid documents and bid forms may be obtained Monday through Friday 7:30 a.m.-4:00 p.m. at the Wareham Fire District Water Department Office. There is an on-site pre-bid conference on June 27th at 10:00 a.m., at 273 Main Street, Wareham, MA 02571. You may contact Laurie Uva-Perry at 508-295-0450 or via email luvaperry@warehamfiredistrict.org. You may contact Chief John Kelley via phone 508-295-2973. The District reserves the right to accept or reject all bids , in whole or in part. If the bidders are not both responsible and/or responsive if it is deemed in the best interest of the District. The Wareham Fire District is an equal opportunity employer. Bids from woman/minority business enterprise are strongly encouraged.


NOTICE OF PUBLIC HEARING

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

Transfer of Common Victualler All Alcoholic Beverages License from Lindsey’s, Inc. d/b/a Lindsey’s, to VMB Restaurants Inc d/b/a/ Towne Tavern & Tap 3138 Cranberry Highway, Wareham Massachusetts 02538 under the provisions of Chapter 138 of the Massachusetts General Laws for the year 2023.

6572 square feet on the first floor and 5552 square feet in the basement level for storage. The first floor consists of a lobby, lounge, bar area, kitchen, two dining rooms, foyer, function room, pantry and two restrooms: the basement level contains storage: and there is an outdoor patio with seating for patrons (collectively, the “Premises).

It is ordered: That a virtual public hearing be held on said application within the Select Board Meeting at approximately 7:25 p.m. on the 11TH of July, 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

WAREHAM BOARD OF SELECTMEN
Judith Whiteside, Chair
Patricia A. Wurts, Clerk
Ronald S. Besse
Jared S. Chadwick
Alan H. Slavin


CITATION ON PETITION
FOR ORDER OF
COMPLETE SETTLEMENT
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA 02360
(508) 747-6204
Docket No. PL22P2098EA

In the matter of: Marilyn C. Knowlton
Also known as: Marilyn C Rich
Date of Death: 07/20/2020

A Petition for Order of Complete Settlement has been filed by Martha C. Ramsey of Onset MA requesting that the court enter a formal Decree of Complete Settlement including the allowance of a final account, a determination of testacy and heirs at law, a determination of heirs at law and other such relief as may be requested in the Petition..

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 07/14/2023.

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.

Witness: Hon. Edward G. Boyle,
First Justice of this Court
Date: June 14, 2023
Matthew J. McDonough, Register of Probate