Legal Advertisements - Week of February 24, 2022

Feb 25, 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


 

TOWN OF WAREHAM
CONSERVATION COMMISSION
MEMORIAL TOWN HALL
54 MARION ROAD
Wareham, Massachusetts 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 on:

Wednesday, March 2, 2022 at 6:30 P.M.

on the Request for Determination of Applicability for:
Vickie Piacentini
204 Glen Charlie Road
E. Wareham, MA 02538

To construct a deck located on Assessors Map 129B-4, Lot 24, 204 Glen Charlie Road, Wareham, MA

The meeting will be held remotely. Login information for the meeting will appear on the agenda posted on the Wareham Conservation Commission page of the Town of Wareham website.

WAREHAM CONSERVATION COMMISSION
Sandra Slavin, Chairman


ONSET FIRE DISTRICT
ANNUAL MEETING and ELECTION

Prudential Committee of the Onset Fire District has called their Annual Meeting for May 16, 2022 at 7:30 P.M. at the Onset Fire Station, 8 Sand Pond Road; Onset, Massachusetts. The warrant for the Annual Meeting and nomination papers for Annual Election will close on Thursday, April 7, 2022, at 5:00 P.M.

The Onset Fire District Annual Election will be Tuesday, May17, 2022 at the Dudley L Brown Post 2846, VFW, 4 Gibbs Ball Park Road: Onset, Massachusetts, 4:00 P.M. to 8:00 P.M.

Prudential Committee:
three (3) year term: one (1) position
Water Commissioner:
three (3) year term: one (1) position
Water Commissioner:
two (2) year term: one (1) position
Moderator:
one (1) year term: one (1) position

Nomination papers are available at the Onset Fire District Office located at 15 Sand Pond Road: Onset, from March 7, 2022 to April 7, 2022 from: 9:00 A.M. to 3:00 P.M.

Absentee Ballot applications will be available beginning Tuesday, April 12, 2022 from 9:00 A.M. to 3:00 P.M., last day for voting absentee is May 17, 2022; at 12:00 P.M.

Prudential Committee:
Pamela Pike, Chair
Marcine Fernandes, Clerk
Karl Baptiste, Member


TOWN OF WAREHAM
CONSERVATION COMMISSION
MEMORIAL TOWN HALL
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 on:

Wednesday, March 2, 2022 at 6:30 P.M.
on the Request for Determination of Applicability for:

3 Kendrick Road, LLC
c/o G.A.F. Engineering, Inc.
266 Main Street
Wareham, MA 02571

To construct a 6,000 square foot building addition, two loading docks, a storage freezer, and a new access drive to Thatcher Lane located on Assessors Map 108, Lot 1006.C, 3 Kendrick Road, Wareham, MA

The meeting will be held remotely. Login information for the meeting will appear on the agenda posted on the Wareham Conservation Commission page of the Town of Wareham website.

WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman


 

TOWN OF WAREHAM
BOARD OF SELECTMEN

LEGAL NOTICE
LIQUOR LICENSES AVAILABLE

The Board of Selectmen, acting as the Local Licensing Authority, announces the availability of two (2) year round, Section 12 (Pouring), All Alcoholic Beverages Licenses and four (4) year round, Section 12 (Pouring) Wines and Malt Beverages Licenses under the provisions of Chapter 138 of the Massachusetts General Laws.

Please email selectmen@wareham.ma.us to request an application packet. Application packets are also available at the Selectmen’s Office, Memorial Town Hall Monday-Thursday 8:15 a.m. to 6 p.m.

WAREHAM BOARD OF SELECTMEN

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


 

CITATION GIVING NOTICE OF PETITION TO
EXPAND THE POWERS OF A GUARDIAN Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA 02360
(508) 747-6204
Docket No. PL19P2217GD

In the Interests of: William Correia of Wareham, MA, Respondent Incapacitated Person/Protected Person

To the named Respondent and all other interested persons, a Petition has been filed by Tremont Rehabilitation and Skilled Care Center of Wareham, MA in the above captioned matter requesting that the court:

Expand the powers of a guardian.

The petition asks the court to make a determination that the powers of the Guardian and/or Conservator should be expanded, modified, or limited since the time of appointment. The original petition is on file with the court.

You have the right to object to this proceeding. If you wish to do so, you or your attorney must file a written appearance at this Court on or before: 10:00 a.m. on the return date of 03/10/2022. This day is NOT a hearing day but a deadline date by which you must file the written appearance if you object to the petition. If you fail to file the written appearance by the return date, action may be taken in this matter without further notice to you. In addition to filing the written appearance, you or your attorney must file a written affidavit stating the specific facts and grounds of your objection within 30 days after the return date.

IMPORTANT NOTICE

The outcome of this proceeding may limit or completely take away the above-named person’s right to make decisions about personal affairs or financial affairs or both. The bove-named person has the right to ask for a lawyer. Anyone may make this request on behalf of the above-named person. If the above-named person cannot afford a lawyer, one may be appointed at State expense.

Witness: Hon. Edward G. Boyle,
First Justice of this Court
Date: February 10, 2022
Matthew J. McDonough, Register of Probate


 

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


 

Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA 02360
(508) 747-6204

Plymouth, ss.
Docket No. PL20P0589PM

To all persons interested in the estate of Lillian Wagner of Wareham in said county - person under conservatorship.

A Petition has been presented to said Court for license to sell at private sale certain real estate of said Lillian Wagner for her maintenance.

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 eleventh day of March 2022, the return day of this citation.

Witness: Edward G. Boyle III, Esquire First Justice of said Court, this eleventh day of February 2022.

Matthew J. McDonough, Register of Probate


 

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. PL18P0745EA

Estate of: Sophie A Downs
Date of Death: 12/11/2017

A Petition for Order of Complete Settlement has been filed by John Michael Downs of Thompson, CT requesting that the Court enter a formal Decree of Complete Settlement including the allowance of a final account, First and Final 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 03/21/2022.
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.

Witness: Hon. Edward G. Boyle,
First Justice of this Court
Date: February 14, 2022

Matthew J. McDonough, Register of Probate


 

TOWN OF WAREHAM
BOARD OF SELECTMEN
NOTICE OF PUBLIC HEARING

Notice is hereby given that Rare Hospitality International, Inc. d/b/a Long Horn Steakhouse, 2421 Cranberry Hwy, Wareham, MA has applied to the Board of Selectmen for a Change of Officers/Directors/LLC Managers. The Officer Change involves the appointment of Lindsey Koren and removal of Joseph Kern as Vice President and Secretary of GMRI, Inc. and the appointment of Angela Simmons and removal of William White as Director, President and Treasurer under the provisions of Chapter 138 of the Massachusetts General Laws for the year 2022.

Building is approximately 5,000 square feet of gross floor area, with a full service kitchen, dining room, bar and lounge area. Front entrance/exit for public, side emergency exit, rear entry/exit for emergencies and deliveries. Handicap restrooms for men and women.

It is ordered: That a virtual public hearing be held on said application within the Selectmen’s Meeting at approximately 7:15 p.m. on the 15th day of March, 2022.

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


COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket No. 21 SM 001117

ORDER OF NOTICE

TO: Robert Pelletier

and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. c. 50 §3901(et seq):

Midfirst Bank,

claiming to have an interest in a Mortgage covering real property in Wareham (Buzzards Bay), numbered 110 Choctaw Drive, given by Robert Pelletier to Mortgage Electronic Registration Systems, Inc., as nominee for Loandepot.com, LLC, its successors and assigns, dated August 20, 2018, and recorded in Plymouth County Registry of Deeds in Book 50190, Page 189, and now held by plaintiff by assignment, has/have filed with this court a complaint for determination of Defendant’s/Defendants’ Servicemembers status.

If you now are, or recently have been, in the active military service of the United States of America, then you may be entitled to the benefits of the Servicemembers Civil Relief Act. If you object to a foreclosure of the above-mentioned property on that basis, then you or your attorney must file a written appearance and answer in this court at Three Pemberton Square, Boston, MA 02108 on or before March 21, 2022 or you may lose the opportunity to challenge the foreclosure on the ground of noncompliance with the Act.

Witness, Gordon H. Piper
Chief Justice of this Court on February 10, 2022

Attest: Deborah J. Patterson, Recorder
21-003572


 

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


 

TOWN OF WAREHAM
CONSERVATION COMMISSION
MEMORIAL TOWN HALL
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 on:

Wednesday, March 2, 2022 at 6:30 P.M.

on the Amended Order of Conditions for:

Kevin Connors
c/o G.A.F. Engineering, Inc.
266 Main Street
Wareham, MA 02571

To request a plan change to elevate a dwelling and construct a new foundation located on Assessors Map 20, Lots L3 & L4, 13 Salt Creek Road, Wareham, MA

The meeting will be held remotely. Login information for the meeting will appear on the agenda posted on the Wareham Conservation Commission page of the Town of Wareham website.

WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman


 

TOWN OF WAREHAM
PLANNING BOARD
54 Marion Road
Wareham, MA 02571

NOTICE OF PUBLIC HEARING

The Wareham Planning Board will hold a public hearing on March 14, 2022 at 6:00 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #2-22 for a Site Plan Review under the requirements of Article 15 Section 1520 of the Wareham Zoning Bylaws, to 3 Kendrick Road, LLC c/o G.A.F. Engineering, Inc. of 266 Main Street, Wareham, MA 02571, proposing to construct a 6,000 s.f. building addition with portions of the building used to manufacture crumpets located at, 3 Kendrick Road, Wareham, MA 02571 (Assessor’s Map 108 Lot 1006-C) in the Industrial zoning district.

Wareham Planning Board
Michael King, Chairman

First Notice: February 24, 2022
Second Notice: March 3, 2022