Legal Advertisements - Week of September 19, 2024

Sep 19, 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 October 9, 2024, at 6:30 p.m. in Room 520 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #52-24 for a Special Permit or a Variance from the requirements of Article 13, Section 1352 and Section 1353 of the Wareham Zoning By-Laws, to Guy R. Lewis and James F Lewis, ET UX Trustees c/o Derek Lewis, DRL Carpentry of 172 Monponsett Street, Halifax, MA proposing to raise the house, and replace the foundation keeping the existing footprint on the dwelling located at, 75 Agawam Lake Shore Drive (Assessors Map 129A Lot 124) in the R-130 zoning district.

Nazih Elkallassi, Chairman
First Notice: September 19, 2024
Second Notice: September 26, 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 October 9, 2024, at 6:30 p.m. in Room 520 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #51-24 for a Special Permit or a Variance from the requirements of Article 6, Table 621 & 628 and Article 13, Section 1355 and Section 1356 of the Wareham Zoning By-Laws, to Kim & Michael Ianiro c/o William Lockwood of Lockwood Architects of Onset, MA proposing to demolish the existing dwelling and construct a new two story Victorian dwelling located at, 13 Admiral’s Way (Assessors Map 2 Lot 72A ) in the OV-1 zoning district.

Nazih Elkallassi, Chairman

First Notice: September 19, 2024
Second Notice: September 26, 2024


DEPARTMENT OF ENVIRONMENTAL PROTECTION
WATERWAYS REGULATION PROGRAM

Notice of License Application
Pursuant to M. G. L. Chapter 91
Waterways License
Application Number 24-WW0l-0113-APP
Preserve Association Trust

NOTIFICATION DATE: September 19, 2024

Public notice is hereby given of the waterways application by Preserve Association Trust to construct and maintain a pier extension, and replace an existing ramp and floats with an expanded pile supported seasonal float system at 0 Cromesett Road, in the municipality of Wareham, in and over flowed tidelands of the Weweantic River. The proposed project has been determined to be water-dependent.

The Department will consider all written comments on this Waterways application received within 30 days subsequent to the ‘’Notification Date”. Failure of any aggrieved person, municipality or group of ten citizens or more, with at least five of the 10 residents residing in the municipality(s) in which the license or permitted activity is located, to submit written comments to the Waterways Regulation Program by the Public Comments Deadline will result in the waiver of any right to an adjudicatory hearing in accordance with 310 CMR 9.13(4)(c).

Project plans and documents for the Waterways application are on file for public viewing electronically at: https://eeaonline.eea.state.ma.us/EEA/PublicApp/ (enter the project address in the Search Page as the Location Address). If you need assistance, please contact Carlos.fragata@mass.gov or if you do not have access to email, please leave a voicemail at (617) 413-3768 and you will be contacted with information on alternative options.

Written comments must be addressed to: Carlos T. B. Fragata, Environmental Analyst, DEP Waterways Regulation Program, 20 Riverside Drive, Lakeville, MA 02347.


NOTICE OF PETITION FOR LICENSE TO SELL REAL ESTATE BY A FOREIGN FIDUCIARY
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA  02360
(508) 747-6204
Docket No. PL24P2037EA
 
Estate of: Joan Campbell
Late of: New York, NY 10075
Date of Death: 01/25/2008
 
To all persons interested in the above captioned estate, a petition has been presented by
Vera A. Campbell of New York, NY
appointed, to the Probate Court in County of New York, New York for license to sell, by a private sale, real estate situated in Wareham, MA in accordance with the offer set out in the petition.
 
IF YOU DESIRE TO OBJECT THERETO, YOU OR YOUR ATTORNEY MUST FILE A WRITTEN APPEARANCE IN SAID COURT AT 
 
Plymouth
 
ON OR BEFORE TEN O’CLOCK IN THE MORNING (10:00 AM) ON:
09/30/2024
 
Witness: Hon. Patrick W. Stanton, 
      First Justice of this Court
Date: August 29, 2024
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. PL24P2138EA
 
Estate of: Diana L Thompson
Date of Death: 06/10/2024
To all interested persons:
 
A Petition for Formal Probate of Will with  Appointment of Personal Representative has been filed by Michele L Traver of Buzzards Bay MA and Kevin Thompson of New Bedford 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 Michele L Traver of Buzzards Bay MA and Kevin Thompson of New Bedford 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 10/10/2024.  
 
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: September 10, 2024
Matthew J. McDonough, Register of Probate

 
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WATERWAYS REGULATION PROGRAM
 
Notice of License Application 
Pursuant to M. G. L. Chapter 91
Waterways License 
Application Number 23-WW01-0058-APP
Todd Delgado and Maria Julia DeBarros Delgado
 
NOTIFICATION DATE: September 13, 2024
 
Public notice is hereby given of the waterways application by Todd Delgado and Maria Julia DeBarros Delgado to construct and maintain a pile supported pier, at 3 Michael Drive in the municipality of Wareham, in and over the waters of Agawam Mill Pond. The proposed project has been determined to be water-dependent.
 
The Department will consider all written comments on this Waterways application received within 30 days subsequent to the “Notification Date”. Failure of any aggrieved person or group of ten citizens or more, with at least five of the ten residents residing in the municipality(s) in which the license or permitted activity is located, to submit written
comments to the Waterways Regulation Program by the Public Comments Deadline will result in the waiver of any right to an adjudicatory hearing in accordance with 310 CMR9.13(4)(c).
 
Project plans and documents for the Waterways application are on file for public viewing electronically at: https://eeaonline.eea.state.ma.us/EEA/PublicApp/ (enter “3 Michael Drive” in the Search Page as the Location Address). If you need assistance, please contact vin.manfredi@mass.gov or if you do not have access to email, please leave avoicemail at (508) 946-2700 and you will be contacted with information on alternative options.
 
Written comments must be addressed to: Vin Manfredi, Environmental Analyst, DEP
Waterways Regulation Program, 20 Riverside Drive, Lakeville, MA 02347.

 


NOTICE OF MORTGAGEE’S
SALE OF REAL ESTATE

Premises: 147 Great Neck Road a/k/a 147R Great Neck Road, Wareham, MA 02571

By virtue and in execution of the Power of Sale contained in a certain mortgage given by Sandra Brietzke and Joshua Brietzke to Mortgage Electronic Registration Systems, Inc., as Mortgagee, as nominee for CrossCountry Mortgage, Inc., and now held by Lakeview Loan Servicing, LLC, said mortgage dated August 21, 2019 and recorded in the Plymouth County Registry of Deeds in Book 51535, Page 74, said mortgage was assigned from Mortgage Electronic Registration Systems, Inc., as Mortgagee, as nominee for CrossCountry Mortgage, Inc. to Lakeview Loan Servicing, LLC by assignment dated February 8, 2024 and recorded with said Registry of Deeds in Book 58658, Page 310; for breach of the conditions in said mortgage and for the purpose of foreclosing the same will be sold at Public Auction on October 16, 2024 at 12:00 PM Local Time upon the premises, all and singular the premises described in said mortgage, to wit:

The land in the Town of Wareham, Plymouth County, Massachusetts, bounded and described as follows:

PARCEL 1:
Beginning at a stake on the Westerly side of the Great Neck Road which is also the Northeasterly corner of land now or formerly of Arthur E. Bullock, and running in a Southeasterly direction by line of said Bullock two hundred and no/100 (200.0) feet to a stake, which is also the Northwest corner of land of said Bullock;
thence turning and running in a Northwesterly direction, parallel with line of Great Neck Road, one hundred fifty and no/100 (150.0) feet to a stake; thence turning and running in a Northeasterly direction, two hundred and no/100 (200.0) feet to a stake, which is also line of Great Neck Road;
thence running in a Southeasterly direction by line of said road, one hundred thirty and no/100 (130.0) feet to a point of beginning.

PARCEL 2:
Beginning at an iron pipe on the Easterly side of Little Harbor Road (so called) and running in a Southeasterly direction by line of land of Edson W. Keith one hundred fifty (150.00) feet, more or less, to an iron pipe;
thence in continuation of the same straight line by line of land of Arthur E. Bullock on hundred three (103.00) feet, more or less, to an iron pipe;
then turning and running in a Southerly direction by line of the land of said Arthur E. Bullock and formerly of Benjamin C. Savary eight-eight and one-half (88 1/2) feet more or less to an iron pipe;
thence turning and running in a Northwesterly direction by line of land of Ruth S. Bullock on the South two hundred twenty-nine (229.00) feet more or less, to an iron pipe on line of Little Harbor Road (so-called); thence turning and running in a Northerly direction by line of said road one hundred (100.00) feet, more or less, to point of beginning.

PARCEL 3:
Beginning at an iron pipe on the Easterly side of Little Harbor Road (so-called) at comer of land formerly of Arthur E. Bullock and running along line of said land of A.E. Bullock in a Southeasterly direction two hundred twenty-nine (229.00) feet, more or less, to an iron pipe;
thence in a Southwesterly direction eleven and one-half (11 1/2) feet, more or less, in line with land formerly of Benjamin C. Savary to an iron pipe; thence in a Westerly direction one hundred eighty-seven (187.00) feet; more or less, to an iron pipe on the Easterly side of Little Harbor Road (so-called); thence in a Northerly direction by line of said Little Harbor Road eight-five (85.00) feet, more or less, to point of beginning.

PARCEL 4:
Beginning at an iron pipe on the Easterly side of Little Harbor Road (so-called) at corner of land formerly of Ruth S. Bullock running in a Southwesterly direction 269 feet, more or less, to an iron pipe at junction of said Little Harbor Road and a Woods Road; then turning and running by line of land formerly of Benjamin C. Savary in a Northly direction 79 1/2 feet more or less to an iron pipe in a sand hole; thence continuing in a Northeasterly direction by said line of land formerly of B.C. Savary 188 1/3 feet, more or less, to an iron pipe;
then in a Westerly direction by land formerly of Ruth S. Bullock 187 feet more or less to point of beginning.

Being the same premises conveyed to Josuah Brietzke and Sandra Brietzke by deed recorded 8/21/2019 in book 51535 page 70 in the Plymouth County Registry of Deeds

Upon information and belief, the Parcel 4 is missing the second bound being “then turning and running in a southeasterly direction by line of said road to an iron pipe at line of land formerly of Benjamin C Savary.”

The parcels being foreclosed are AP Map 30, Lot 1012, AP Map 30, Lot 1013 and AP Map 30, Lot 1015.

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 August 19, 2019 and recorded in the Plymouth County Registry of Deeds in Book 51535, Page 70.

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 Lakeview Loan Servicing, LLC
Present Holder of the Mortgage
(401) 217-8701


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 Ellen F. Jacobs to Wells Fargo Bank, N.A., dated December 15, 2009 and recorded in Plymouth County Registry of Deeds in Book 38031, Page 125 (the “Mortgage”) of which mortgage GITSIT Solutions, LLC is the present holder by Assignment from Wells Fargo Bank, N.A. to The Secretary of Housing and Urban Development dated November 16, 2015 and recorded at said Registry of Deeds in Book 46302, Page 189, and Assignment from The Secretary of Housing and Urban Development to GITSIT Solutions, LLC dated February 23, 2024 and recorded at said Registry of Deeds in Book 58688, Page 105, for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at 62 Papermill Road a/k/a 62 Paper Mill Road, Unit No. 2 a/k/a Unit No. 62, of the Paper Mill Road Condominium, of the Paper Mill Road Condominium, West Wareham (Wareham), MA 02576 will be sold at a Public Auction at 11:00 AM on October 8, 2024, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit:

The unit (-Unit”) No. 62, of The Paper Mill Road Condominium, located in Wareham, Plymouth County, Massachusetts, created by a Master Deed dated June 18, 2004, and recorded in the Plymouth County Registry of Deeds in Book 28465, Page 139, as amended, and shown on a plan recorded with said Registry of Deeds as Plan No. 04-462.

Said Unit contains about 2,560 square feet.

Said Unit is conveyed together with an undivided 8.33 percent interest in the common areas and facilities of said Condominium.

The post office address of said Condominium is: 62 Paper Mill Road West Wareham, MA 02576

Said Unit is conveyed subject to and with the benefit of the obligations, restrictions, rights and liabilities contained in the provisions of M.G.L. Ch. 183A, the Master Deed, as amended, and the documents establishing the organization of unit owners and the By-Laws, as amended of record.

Each of the units in the Condominium are intended for residential purposes and such other uses as are set forth in the Master Deed, as amended.

Being the same premises described in a deed to Ellen F. Jacobs dated December 15, 2009 and recorded herewith.

For mortgagor’s title see deed recorded with the Plymouth County Registry of Deeds in Book 38031, Page 122.

SPECIAL ANNOUNCEMENT:

THE FORECLOSURE SALE IS SUBJECT TO THE CONDOMINIUM AND UNIT RESTRICTIONS ON USE OF THE UNITS AS SET FORTH IN THE MASTER DEED, ITS AMENDMENTS, AND CONDOMINIUM BY-LAWS, INCLUDING BUT NOT LIMITED TO THOSE SET FORTH IN SECTION 6 OF THE MASTER DEED AT BOOK 28465, PAGE 139 INCLUDING SECTION 6 SUBSECTION (A) WHICH STATES:
“THE UNITS ARE INTENDED ONLY FOR RESIDENTIAL PURPOSES AS PART OF AN ADULT COMMUNITY WHERE EACH OF THE UNITS IS OWNED AND OCCUPIED BY AT LEAST ONE PERSON AGE 55 OR OLDER. NO OTHER USE MAY BE MADE OF ANY UNIT, WITHOUT THE PRIOR WRITTEN CONSENT OF THE TRUSTEES OF THE PAPER MILL CONDOMINIUM TRUST, WHICH TRUST IS HEREINAFTER DESCRIBED. THIS PROHIBITION INCLUDES, BUT IS NOT LIMITED TO, ANY USE THAT WILL REMOVE THE WITHIN DESCRIBED PREMISES FROM CLASSIFICATION AS “HOUSING FOR OLDER PERSONS” AS DEFINED UNDER THE FEDERAL HOUSING ACT (42 U.S.C 3607 SEC 807).”

ANY PURCHASER AT THE FORECLOSURE SALE AGREES TO, ACCEPTS, AND SHALL BE RESPONSIBLE FOR COMPLYING WITH ALL USE RESTRICTIONS AND COVENANTS CONTAINED IN THE MASTER DEED, ITS AMENDMENTS, AND CONDOMINIUM BY-LAWS AND THE MORTGAGEE SHALL NOT BE HELD RESPONSIBLE FOR ANY PURCHASER’S FAILURE TO COMPLY WITH SUCH RESTRICTIONS OR COVENANTS. IN ADDITION, MORTGAGEE SHALL NOT BE HELD RESPONSIBLE OR BE LIABLE FOR ANY LOSS OR DAMAGES DUE TO ANY PURCHASER’S FAILURE TO COMPLY.

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.

GITSIT Solutions, LLC
Korde & Associates, P.C.
900 Chelmsford Street
Suite 3102
Lowell, MA 01851
(978) 256-1500
Jacobs, Estate of Ellen F., 24-045098