Legal Advertisements - Week of October 26, 2023

Oct 26, 2023

PLANNING BOARD
54 Marion Road
Wareham, MA 02571

NOTICE OF PUBLIC HEARING

The Wareham Planning Board will hold a public hearing on November 13, 2023 at 6:00 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #18-23 for a Preliminary Plan, properly named “Preliminary Subdivision Plan of Barlow’s Way” from the requirements of M.G.L. Chapter 41, Section 81L to Christi, LLC c/o Prime Engineering, Inc. of 350 Bedford Street, Lakeville, MA 02347 for subject property located, 1-13 North Carver Road (Assessors Map 103, Lot(s) 1037, 1038 and 1039) in the R-60 zoning district

Wareham Planning Board
Michael King, Chairman

First Notice: October 26, 2023
Second Notice: November 2, 2023


PLANNING BOARD
54 Marion Road
Wareham, MA 02571

NOTICE OF PUBLIC HEARING

The Wareham Planning Board will hold a public hearing on November 13, 2023 at 6:00 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #19-23 for a Preliminary Plan, properly named “Preliminary Subdivision Plan of Zimmer Estates” from the requirements of M.G.L. Chapter 41, Section 81L to 370 County Road, LLC c/o Prime Engineering, Inc. of 350 Bedford Street, Lakeville, MA 02347 for subject property located, 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: October 26, 2023
Second Notice: November 2, 2023


PLANNING BOARD
54 Marion Road
Wareham, MA 02571

NOTICE OF PUBLIC HEARING

The Wareham Planning Board will hold a public hearing on November 13, 2023 at 6:00 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #20-23 for a 2-Lot Definitive Subdivision Plan from the requirements of MGL c. 41 § 81O and the Wareham Subdivision Rules and Regulations to David and Lisa Renee Mather, c/o G.A.F. Engineering Inc., 266 Main Street, Wareham, MA seeking approval of subdivision of land (Assessors Map 39, Lot M20), located at 24 Oak Street, Wareham, MA in the R-30 zoning district.

Wareham Planning Board
Michael King, Chairman

First Notice: October 26, 2023
Second Notice: November 2, 2023


INFORMAL PROBATE
PUBLICATION NOTICE
Commonwealth of Massachusetts
The Trial Court
Plymouth Division
Docket No. PL23P2279EA

Estate of: Barbara Ann Ruhmpohl
Date of Death: August 28, 2023

To all persons interested in the above captioned estate, by Petition of
Petitioner
Layce L Ruhmpohl of West Wareham, MA

Layce L Ruhmpohl of West 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.


NOTICE AND ORDER
Petition for Resignation or
Petition for Removal
of Guardianship of a Minor
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA 02360
Docket No. PL17P1946GD2

In the interests of Landen J Caramanica-Rocca
of Buzzards Bay, MA
Minor

NOTICE TO ALL INTERESTED PARTIES
1. Hearing Date/Time: A hearing on a Petition to Resign as Guardian of a Minor or Petition for Removal of Guardian of a Minor filed by Shana Rocca on December 23, 2022 will be held 11/15/2023 02:30 PM Status Conference
Located Judge English Braga Virtual: Go to Zoom.us or call 646 828 7666, ID# 1609983986

2. Response to Petition: You may respond by filing a written response to the Petition or by appearing in person at the hearing, by logging into zoom or calling the number listed above to attend the hearing virtually.. If you choose to file a written response, you need to:
File the original with the Court; and
Mail a copy to all interested parties at least five (5) business days before the hearing.

3. Counsel for the Minor: The minor (or an adult on behalf of the minor) has the right to request that counsel be appointed for the minor.

4. Presence of the Minor at Hearing: A minor over age 14 has the right to be present at any hearing, unless the Court finds that it is not in the minor’s best interest.

THIS IS A LEGAL NOTICE: An important court proceeding that may affect your rights has been scheduled. If you do not understand this notice or other court papers, please contact an attorney for legal advice.

Date: October 5, 2023
Matthew J. McDonough, Register of Probate


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, November 1, 2023, at 6:30 P.M.

On the Request for Determination of Applicability for:

Peter DeFusco
247 Station Drive, SE270
Westwood, MA 02090

To demolish and remove the existing structures and restore the land with loam and seed.

Map 104 Lot 1000, 2244 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, November 1, 2023, at 6:30 P.M.

On the Request for Notice of Intent for:

Jeffery Johnson & Amanda Kut
881 East Second Street, Unit 16
Boston, MA 02127

Installation of a of a patio and fence within Land Subject to Coastal Storm Flowage and vegetation restoration on a Coastal Bank.

Map 22 and Lot D8, 16 Widow’s Cove Lane, 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, November 1, 2023, at 6:30 P.M.

On the Request for Abbreviated Notice of Resource Area Delineation for:

Manuel Demiranda
2648 Cranberry Highway
Wareham, MA 02571

To confirm the boundary of the Bordering Vegetated Wetland (BVW).

Map 133 and Lots 1000.B3, 30, 31A, 55 & 56, 2711 Cranberry Highway, Wareham, MA.

WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman


COMMONWEALTH OF MASSACHUSETTS

Plymouth County Sheriff’s Department

Notice of Sheriff’s Sale
Plymouth, ss.

By virtue of Execution #2360SU000003 issued by the Wareham District Court, wherein Royal Crest Association, Inc. is named Judgment Creditor and Scott Hallahan, Ryan Hallahan, Tracie Murphy and Colleen Rancel as Presumptive Heirs of the Estate of John Hallahan are named Judgment Debtors, I have levied upon, seized and taken all the right, title and interest which the said Scott Hallahan, Ryan Hallahan, Tracie Murphy and Colleen Rancel as Presumptive Heirs of the Estate of John Hallahan had on the fourth (4th) day of October in the year two thousand twenty-three to the within listed Personal Property:

One 1976 New Yorker Manufactured Home
Floor Size 65’ X 12’
2 bedrooms
Serial # 65-12-10428

PURCHASER MUST REMOVE MOBILE HOME FROM PREMISES
OR OBTAIN WRITTEN APPROVAL FOR OCCUPANCY OF SAID HOME BY
ROYAL CREST ASSOCIATION, INC.

On Wednesday November 1, 2023 at 10:00AM at Royal Crest, 77 Crown Drive, West Wareham, Massachusetts, I will sell said right, title and interest at public auction, as is, where is, and without guarantee or right of return, to the highest bidder.

Terms of sale – Cash, cashiers or certified check in the sum of $1,000.00 as a deposit must be shown at the time and place of the sale in order to qualify as a bidder (the plaintiff and its designee(s) are exempt from this requirement) Successful bidder will have thirty (30) days to complete the transaction or make alternate arrangements with the plaintiff or their attorney.

Sale item may be viewed starting at 9:45 AM on the day of the sale.

Joseph P. Reilly
Deputy Sheriff

INQUIRIES SHOULD BE DIRECTED TO:
Plymouth County Sheriff’s Department
(508) 580-2110


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 James D. Eacobacci to Citibank, N.A., dated October 2, 2007 and recorded in the Plymouth County Registry of Deeds in Book 35175, Page 164, of which mortgage the undersigned 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 at 3:00 PM on November 7, 2023, on the mortgaged premises located at 398 Main Street, Wareham, Plymouth County, Massachusetts, 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 04/26/2002 IN BOOK 21975, AT PAGE 248, AMONG THE LAND RECORDS OF THE COUNTY SET FORTH ABOVE. KNOWN AS: 398 MAIN ST

Subject to a first mortgage dated May 28, 2003 and recorded in the Plymouth County Registry of Deeds at Book 25322, Page 148 in the original principal amount of $148,000.00.

For mortgagor’s title see deed recorded with Plymouth County Registry of Deeds in Book 21975, Page 248.

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.

CITIBANK, N.A.
Present holder of said mortgage

By its Attorneys,
HARMON LAW OFFICES, P.C.
150 California St.
Newton, MA 02458
(617)558-0500
24117


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 November 8, 2023 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 46-23 for Special Permit or a Variance from the requirements of Article 6, Table 620 and 621, and Article 13, Section 1352 and Section 1353 under the Wareham Zoning By-Laws, to Brett Bussiere c/o Brad Bertolo, J.C. Engineering, Inc. of 2854 Cranberry Highway, Wareham, MA proposing to construct a second floor above the existing home, new doors, windows, and a 16’x24’ addition located at, 13 Tarpaulin Way, Wareham, MA (Assessors Map 30, Lot 45) in the R-60 zoning district.

Nazih Elkallassi, Chairman
First Notice: October 19, 2023
Second Notice: October 26, 2023


NOTICE OF MORTGAGEE’S
SALE OF REAL ESTATE

Premises:12 Oakdale Street, Wareham, MA 02571

By virtue and in execution of the Power of Sale contained in a certain mortgage given by Lisa Anne Barros to World Savings Bank, FSB, and now held by U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee for VRMTG Asset Trust, said mortgage dated October 23, 2006 and recorded in the Plymouth County Registry of Deeds in Book 33654, Page 328, as affected by a Loan Modification dated April 15, 2016 and recorded in the Plymouth County Registry of Deeds in Book 46952, Page 207; said mortgage was assigned from Wells Fargo Bank N.A., s/b/m Wells Fargo Bank Southwest, N.A., f/k/a Wachovia Mortgage, FSB, F/K/A World Savings Bank FSB to US Bank Trust N.A., not in its individual capacity but solely as Owner Trustee for VRMTG Asset Trust by assignment dated February 24, 2020 and recorded with said Registry of Deeds in Book 52380, Page 247; for breach of the conditions in said mortgage and for the purpose of foreclosing the same will be sold at Public Auction on December 14, 2023 at 11:00 AM Local Time upon the premises, all and singular the premises described in said mortgage, to wit:

THE LAND IN WAREHAM, PLYMOUTH COUNTY, MASSACHUSETTS WITH ALL BUILDINGS AND STRUCTURES THEREON BOUNDED AND DESCRIBED AS FOLLOWS:

BOUNDED ON THE NORTH BY LAND NOW OR FORMERLY OF FRANK E. MAXIM, ON THE EAST BY ROAD LEADING FROM MAIN ROAD BY OAKDALE CHAPEL, ON THE SOUTH BY LAND NOW OR FORMERLY OF ELDREDGE AND MAKEPEACE, AND ON THE WEST BY LAND NOW OR FORMERLY OF THE ESTATE OF J.B. TOBEY, LATE OF WAREHAM, DECEASED. EXCEPTING FROM THE ABOVE DESCRIBED PARCEL A CERTAIN PARCEL OF LAND BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A BOUND IN THE LINE OF OAKDALE ROAD AND CORNER OF LAND NOW OR FORMERLY OF ELDREDGE AND MAKEPEACE, THENCE RUNNING WESTERLY BY ELDREDGE AND MAKEPEACE LAND 80 FEET TO A BOUND, THENCE TURNING AND RUNNING NORTHERLY PARALLEL TO OAKDALE ROAD 50 FEET TO A BOUND, THENCE TURNING AND RUNNING EASTERLY 80 FEET TO OAKDALE ROAD, THENCE TURNING AND RUNNING SOUTHERLY BY OAKDALE ROAD 50 FEET TO THE BOUND FIRST MENTIONED AND POINT OF BEGINNING.

BEING THE SAME PROPERTY CONVEYED TO LISA ANNE BARROWS FROM ESTATE OF DOROTHY T. BARROS, RECORDED 07/23/1997 IN BK 2578 PAGE 260, IN THE REGISTRY OF DEEDS PLAN FOR PLYMOUTH COUNTY, MASSACHUSETTS.

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 Probate of Dorothy T. Barros a/k/a Dorothy T. Barros, Plymouth County Probate Court Docket No. 97 P 1171-EP1

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
270 Farmington Ave, Suite 151
Farmington, CT 06032
Attorney for U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee for VRMTG Asset Trust
Present Holder of the Mortgage
(401) 217-8701


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 November 8, 2023 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 44-23 for Variance(s) from the requirements of Article 3, Section 340.4 and Article 6, Table 620 and 621 under the Wareham Zoning By-Laws, to Wareham Housing Authority c/o Jilian Morton, Esq. of 184 Main Street, Wareham, MA proposing to construct two (2) duplexes located at, 57 Sandwich Road, Wareham, MA (Assessors Map 45, Lot 1015) in the MR-30 zoning district.

Nazih Elkallassi, Chairman
First Notice: October 19, 2023
Second Notice: October 26, 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 November 8, 2023 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 45-23 for Special Permit and Variance(s) from the requirements of Article 3, Table 320, Article 6, Section 623, Article 9, Section 920 and Table 921, Article 10, and Section 1042 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 convert a residential garage to a commercial use, motor vehicle sales and repair 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: October 19, 2023
Second Notice: October 26, 2023


Commonwealth of Massachusetts
PLYMOUTH SS PROBATE COURT
Docket No. PL23E0025PP

To: Stacey E. Fernandes of West Wareham, in the County of Plymouth, and to all other persons interested.

A petition has been presented to said Court by Christian M. Fernandes, Joseph A. Fernandes, Jr. and Robyn Fernandes representing that they hold as tenants in common an undivided part or share of certain land lying in Wareham, in said County of Plymouth and briefly described as follows:

Property Address: 141 Hathaway Street, Wareham, MA 02571
The street address of the land is 141 Hathaway Street

WESTERLY: By Hathaway Street as shown on a plan hereinafter referred to, one hundred fifty-two and twenty-seven one hundredths feet;(152.27);

NORTHERLY: By Lot No. 4 as shown on said plan, three hundred eight and twenty-six hundredths (308.26) feet;

EASTERLY: By land now or formerly of David Mann as shown on said plan, one hundred thirty-four and eighty-six one hundredths (134.86) feet;

SOUTHERLY: By Lot No. 2 as shown on said plan, three hundred thirty-seven and sixty-three hundredths (337.63) feet.

Containing 41,884 square feet more or less according to said Plan. Meaning and intending to convey Lot No. 3 as shown on a Plan entitled “Plan of Lots prepared for Henry L. Cerkovitz, Jayne A. Cerkovitz, Stephen J. Cerkovitz and Frank A. Cerkovitz, Hathaway Street, Wareham, Mass. Scale 1:=100 feet, November 2, 1971, Walter E. Rowley & Associates, West Wareham, Mass.” Recorded with Plymouth County Registry of Deeds, Book 3726, Page 150.

setting forth that they desire that all of said land may be sold at private sale for not less than $400,000.00 dollars and praying that partition may be made of all the land aforesaid according to law, and to that end that a commissioner be appointed to make such partition and be ordered to make sale and conveyance of all, or any part of said land which the Court finds cannot be advantageously divided either at private sale or public auction, and be ordered to distribute the net proceeds thereof.

If you desire to object thereto you or your attorney should file a written appearance in said Court at Plymouth, before ten o’clock in the forenoon on the thirtieth day of October, 2023, the return day of this citation.

Witness: Patrick W. Stanton, First Judge of said court, this thirteenth day of September, 2023
Matthew J. McDonough, Register