Legal Advertisements - Week of July 11, 2024

Jul 11, 2024

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 24, 2024, at 6:30 p.m. in Room 520 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #34-24 for numerous Variances, a Special Permit, and Site Plan Review from the requirements of Article 3, Table 320, Article 6, Table 623, Article 3, Article 9, Table 920, Article 10, Table 1040 and Article 15, Section 1520 to Fares Realty Corp, (Cape Cod Gas) c/o Brian Grady, R.S. of G.A.F. Engineering, Inc. of 266 Main Street, Wareham, MA proposing to raze and construct a new gas station/convenience store with drive-thru located at 3037 Cranberry Highway, Wareham, MA (Assessors Map 12, Lot LC10.A) in the CS zoning district

Nazih Elkallassi, Chairman
First Notice: July 4, 2024
Second Notice: July 11, 2024


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 24, 2024, at 6:30 p.m. in Room 520 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #35-24 for Special Permit, Variance, and Site Plan Review from the requirements of Article 10, Section 1062 and Article 15, Section 1520 of the Wareham Zoning By-Laws, to NSTAR Electric Company dba EverSource Energy of 247 Station Dr., Westwood, MA proposing the redevelopment of the cinema site into an Eversource training facility including indoor and outdoor training areas with associated parking, landscaping, utility and stormwater improvements located at, 37 Doty Street (Assessors Map 103, Lot(s) A-1, B-1, C-1, D-1) in the CS zoning district.

Nazih Elkallassi, Chairman
First Notice: July 4, 2024
Second Notice: July 11, 2024


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 24, 2024, at 6:30 p.m. in Room 520 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #36-24 for a Variance/Special Permit and Site Plan Review from the requirements of Article 3, Table 320 and Article 15, Section 1520 of the Wareham Zoning By-Laws, to Indian Neck Property, LLC. c/o G.A.F. Engineering, Inc. of 266 Main Street, Wareham, MA seeking to repurpose the existing former nursing home building as an intermediate care facility located at, 50 Indian Neck Road (Assessors Map 39, Lot H1) in the R43 zoning district.

Nazih Elkallassi, Chairman
First Notice: July 4, 2024
Second Notice: July 11, 2024


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. PL24P1536EA
 
Estate of: Francis E Daley
Date of Death: 05/16/2024
 
To all interested persons:
 
A Petition for Formal Probate of Will with Personal Representative has been filed by Cynthia Stringfellow of No Grosvenordale CT requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition. 
 
The Petitioner requests that Cynthia Stringfellow of No Grosvenordale CT 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 07/30/2024.  
 
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. Patrick W. Stanton, 
      First Justice of this Court
Date: July 02, 2024
Matthew J. McDonough, Register of Probate

 
COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF HEARING
 
Transmittal # 24-WS26-0006-APP
 
Notice is hereby given that application has been made on behalf of the Wareham Fire District for the approval of the Department of Environmental Protection for the Wareham Fire District to acquire certain lands or rights to land in Wareham for public water supply protection purposes, said land in question being identified as Map 116 – Parcels A, B, C, G. located off Maple Springs Rd.
 
In response to said application, the Department of Environmental Protection acting under the provisions of Massachusetts General Laws, Chapter 40, Section 39B and Section 41, as amended and each and every other act thereto enabling, will hold a hearing at the Mass DEP Southeast Regional Office. Located at 20 Riverside Drive, Lakeville MA. 02347. The meeting shall be held in Room 2117 beginning at 10:00 AM on July 17, 2024.
 
The plan showing the land in question is on file at the Department of Environmental Protection at the above address, and in the office of the Town Clerk of Wareham. Said plan is entitled: Plan of Land Maple Springs Wareham, MA dated April 10, 2024.
 
Comments pertaining to this matter may be made orally at the time of the hearing or submitted in writing to MassDEP/SERO address at any time before 3:00 PM July 18, 2024.
 
By Order of the Department of Environmental Protection.
James M. McLaughlin, Chief
Drinking Water Program
Bureau of Water Resources

 
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. PL24P1534EA
 
Estate of: Richard Gerald Cunniff
Date of Death: 04/05/2024
 
To all interested persons:
 
A Petition for Formal Adjudication of Intestacy and Appointment of Personal Representative has been filed by Brian Cunniff of Ashland 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 Brian Cunniff of Ashland 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 07/26/2024.  
 
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. Patrick W. Stanton, 
      First Justice of this Court
Date: June 27, 2024
Matthew J. McDonough, Register of Probate

 
INFORMAL PROBATE
PUBLICATION NOTICE
Commonwealth of Massachusetts
The Trial Court
Probate and Family Court
Plymouth Division
Docket No. PL24P1382EA
 
Estate of: James F. Reidy II
Also known as:  James Francis Reidy, II
Date of Death: May 17, 2024
 
To all persons interested in the above captioned estate, by Petition of 
 
Petitioner Jason J. Reidy of Myrtle Beach, SC
 
Jason J. Reidy of Myrtle Beach, SC
 
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.

 
MORTGAGEE’S NOTICE 
OF SALE OF REAL ESTATE
 
By virtue and in execution of the Power of Sale contained in a certain Mortgage given by Mardiette E. DeBoyes and Danny Sherman to Mortgage Electronic Registration Systems, Inc., as nominee for MortgageIT, INC., its successors and assigns, dated September 22, 2005 and recorded with the Plymouth County Registry of Deeds at Book 31413, Page 1 as affected by a Loan Modification recorded on January 3, 2022 in Said Registry of Deeds at Book 56265, Page 21, subsequently assigned to U.S. Bank National Association as Trustee, successor in interest to Bank of America, National Association as successor by merger to LaSalle Bank National Association as Trustee for WMALT 2005-AR1 by Mortgage Electronic Registration Systems, Inc., as nominee for MortgageIT, Inc., its successors and assigns by assignment recorded in said Plymouth County Registry of Deeds at Book 41185, Page 262 for breach of the conditions of said Mortgage and for the purpose of foreclosing same will be sold at Public Auction at 10:00 AM on August 1, 2024 at 3 Woodbridge Avenue and 5 Woodbridge Avenue, West Wareham (Wareham), MA, all and singular the premises described in said Mortgage, to wit:
 
The land with the buildings thereon in Wareham, Plymouth County, Massachusetts, being shown as Lots 5, 6 and 7 on a plan entitle “Plan of Section 2, Rose Point Subdivision, Wareham, MA, surveyed for A.B. Osborne and L.W. Canedy” made by Samuel H. Cosse, dated January 16, 1935, and recorded with the Plymouth County Registry of Deeds, in Plan Book 6, Page 650, being together bounded and described in accordance with said plan, as follows: NORTHERLY by Lucy Street, one hundred fifty (150) feet; EASTERLY by Lot 8 one hundred (100) feet; SOUTHERLY by Lot 18 and 19 one hundred nineteen and 86/100 (119.86) feet; WESTERLY: by Woodbridge Avenue one hundred four and 44/100 (104.44) feet.
Being the same premises conveyed to the herein named mortgagor (s) by deed recorded with Plymouth County Registry of Deeds in Book 28463, Page 151.
 
The premises are to be sold subject to and with the benefit of all easements, restrictions, encroachments, building and zoning laws, liens, unpaid taxes, tax titles, water bills, municipal liens and assessments, rights of tenants and parties in possession, and attorney’s fees and costs.
 
TERMS OF SALE:
A deposit of FIVE THOUSAND DOLLARS AND 00 CENTS ($5,000.00) in the form of a certified check, bank treasurer’s check or money order will be required to be delivered at or before the time the bid is offered. The successful bidder will be required to execute a Foreclosure Sale Agreement immediately after the close of the bidding. The balance of the purchase price shall be paid within thirty (30) days from the sale date in the form of a certified check, bank treasurer’s check or other check satisfactory to Mortgagee’s attorney. The Mortgagee reserves the right to bid at the sale, to reject any and all bids, to continue the sale and to amend the terms of the sale by written or oral announcement made before or during the foreclosure sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee’s attorney. The description of the premises contained in said mortgage shall control in the event of an error in this publication. TIME WILL BE OF THE ESSENCE.
 
Other terms, if any, to be announced at the sale.
 
U.S. Bank National Association as Trustee, Successor in Interest to Bank of America, National Association as Successor by Merger to LaSalle Bank National Association as Trustee for WMALT 2005-AR1
 
Present Holder of said Mortgage,
By Its Attorneys,
ORLANS PC
PO Box 540540
Waltham, MA 02454
Phone: (781) 790-7800
22-005078

NOTICE OF MORTGAGEE’S SALE OF REAL ESTATE

Premises: 28 Indian Neck Road, Wareham, MA 02571

By virtue and in execution of the Power of Sale contained in a certain mortgage given by Elizabeth A. Leonard to EverBank Reverse Mortgage LLC, and now held by U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT, said mortgage dated March 20, 2008 and recorded in the Plymouth County Registry of Deeds in Book 35770, Page 27, as affected by a Judgment dated October 5, 2022 and recorded in the Plymouth County Registry of Deeds in Book 57323, Page 299; said mortgage was assigned from Metlife Bank, N.A. as successor to EverBank Reverse Mortgage, LLC to Nationstar Mortgage LLC by assignment dated November 8, 2012 and recorded with said Registry of Deeds in Book 42926, Page 38; said mortgage was assigned from Nationstar Mortgage LLC to The Secretary of Housing and Urban Development by assignment dated February 10, 2015 and recorded with said Registry of Deeds in Book 45223, Page 247; said mortgage was assigned from The Secretary of Housing and Urban Development to U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT by assignment dated November 28, 2017 and recorded with said Registry of Deeds in Book 49287, Page 46; for breach of the conditions in said mortgage and for the purpose of foreclosing the same will be sold at Public Auction on July 26, 2024 at 11:00 AM Local Time upon the premises, all and singular the premises described in said mortgage, to wit:

The land in that part of Wareham, Plymouth County, Massachusetts called East Wareham consisting of a tract of meadow land bounded and described as follows:

Beginning at a point on the Easterly side of the public road leading into Agawam Neck; thence turning by said road and a stone wall South 19° East 350 Feet to a point where the Easterly line of said road intersects with the Northerly line of the location of the Old Colony Railroad Company; thence South 86 1/2° East 788 feet by said location of said Railroad to a ditch at land of William Minot Jr., formerly; thence North 4 ° East 281 feet by said ditch to a corner and another ditch by said land of Minot; thence North 67 ° West 828 feet by said land named ditch and stone wall to a cherry tree stump; thence South 28° West 15 rods by said stone wall to the point of beginning.

Excepting therefrom a parcel of land on the Westerly side of the above described lot bounded and described as follows:

Beginning at a point in the Easterly line of the road leading into Agawam Neck; thence North 28° East by a stone wall 15 rods to a cherry tree stump; thence South 67° East by a stone wall 125 feet to a corner; thence South 24° West 75 feet to a corner; thence South 76 1/2 ° West 104 feet; thence South 28° West parallel with and 25 feet easterly from the first described line 197 feet to the Easterly line of the said road; thence North 19 West by a stone wall and the Easterly line of the said road 34 feet, more or less, to the point of beginning. Said reserved parcel contains .34 of an acre, more or less.
For title reference see deed recorded in Book 2309 at Page 191 of the Plymouth County Registry of Deeds.

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 deed dated March 20, 2008 and recorded in the Plymouth County Registry of Deeds in Book 35770, Page 25.

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
23 Messenger Street
2nd Floor
Plainville, MA 02762
Attorney for U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT
Present Holder of the Mortgage
(401) 217-8701


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 Melanie F. Roderick to Mortgage Electronic Registration Systems, Inc., as nominee for Norwich Commercial Group, Inc. D/B/A Norcom Mortgage, dated April 27, 2012 and recorded in the Plymouth County Registry of Deeds in Book 41292, Page 303, of which mortgage the undersigned is the present holder, by assignment from:

Mortgage Electronic Registration Systems, Inc., as nominee for Norwich Commercial Group, Inc. d/b/a Norcom Mortgage, its successors and/or assigns to Pingora Loan Servicing, LLC, recorded on April 11, 2016, in Book No. 46791, at Page 196

Pingora Loan Servicing, LLC to Freedom Mortgage Corporation, recorded on June 7, 2018, in Book No. 49889, at Page 43

for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at 2:00 PM on July 19, 2024, on the mortgaged premises located at 116 Fearing Hill Road, Wareham, Plymouth County, Massachusetts, all and singular the premises described in said mortgage,

TO WIT:
The land in Wareham, Plymouth County, Massachusetts, being more particularly bounded and described as follows:
Beginning at the northeasterly corner of the premises herein conveyed at a point in the southerly sideline of Fearing Hill Road at the northwesterly corner of Lot 2 as shown on plan of land hereinafter mentioned; thence
SOUTH 20° 29’ 00” WEST in line of last-named lot and Lots 8, 9, and 10 on said plan, six hundred sixty-four and 32/100 (664.32) feet to land now or formerly of Margaret M. Rhodes, et al; thence
NORTH 70° 52’ 00” WEST by last-named land, one hundred forty-three and 96/100 (143.96) feet to land now or formerly of Penn Central Transportation Company; thence
NORTHEASTERLY in line of last-named land, six hundred seventy-one and 12/100 (671.12) feet to said line of Fearing Hill Road; and thence
SOUTH 68 21’ 40” EAST by said Fearing Hill Road, one hundred fifty-nine and 77/100 (159.77) feet to the point of beginning.
Being shown as Lot 1 on a plan of land entitled “Corrall Acres” dated December 21, 1971 and recorded in the Plymouth County Registry of Deeds in Plan Book 16, Page 666.
Together with all rights privileges and easements of record and are hereby conveyed subject to any building and zoning law requirements which may be in force and applicable.

See also plan prepared for Alfred P. Benoit recorded with the Plymouth County Registry of Deeds in Plan Book 15, Page 1091.

For mortgagor’s(s’) title see deed recorded with Plymouth County Registry of Deeds in Book 41292, Page 302.

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.

FREEDOM MORTGAGE CORPORATION
Present holder of said mortgage

By its Attorneys,
HARMON LAW OFFICES, P.C.
150 California St.
Newton, MA 02458
(617)558-0500
25629