Legal Advertisements - Week of January 26, 2023

Jan 25, 2023

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 Tammy M. Donovan to Mortgage Electronic Registration Systems, Inc., as nominee for Fairway Independent Mortgage Corporation, dated December 30, 2019 and recorded in the Plymouth County Registry of Deeds in Book 52165, Page 250, of which mortgage the undersigned is the present holder, by assignment from:

Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Fairway Independent Mortgage Corporation, its successors and assigns to Lakeview Loan Servicing, LLC, recorded on December 2, 2021, in Book No. 56109, at Page 181

Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Fairway Independent Mortgage Corporation, its successors and assigns to Lakeview Loan Servicing, LLC, recorded on January 20, 2022, in Book No. 56337, at Page 122

for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at 4:00 PM on February 14, 2023, on the mortgaged premises located at 49 Rose Point Avenue, West Wareham (Wareham), Plymouth County, Massachusetts, all and singular the premises described in said mortgage,

TO WIT:
The land in Wareham, Plymouth County, Massachusetts, consisting of a certain lot or parcel of land shown as lot number fifteen (15) on a plan entitled, “Plan of Section I, Rose Point Division, Wareham, Mass, surveyed for A.B. Osborne and L.W. Canedy, May 10, 1943, Samuel H. Corse. Surveyor”, duly recorded with Plymouth County Deeds, and described as follows:
NORTHERLY by Lot 14, there measuring one hundred fifty-nine (159) feet;
EASTERLY by Rose Point Avenue, there measuring fifty (50) feet;
SOUTHERLY by Lot 16, there measuring one hundred eighteen (118) feet; and
WESTERLY by Sippican River Reservation, there measuring sixty-four and sixty-six hundredths (64.66) feet.

For mortgagor’s(s’) title see deed recorded with Plymouth County Registry of Deeds in Book 52165, Page 246.

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.

LAKEVIEW LOAN SERVICING, LLC
Present holder of said mortgage

By its Attorneys,
HARMON LAW OFFICES, P.C.
150 California St.
Newton, MA 02458
(617)558-0500
21365


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 in Room 320, Wareham Multi-Service Center, 48 Marion Road, Wareham, MA on:

Wednesday, February 1, 2023, at 6:30 P.M.

on the Request for Determination of Applicability for:

Timothy Sicard
468 Fisher Road
Dartmouth, MA 02747

To construct a free-standing garage and lean-to located on Assessors Map 68, Lot 1009/A, 241 Blackmore Pond Road, Wareham, MA.

WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman


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 in Room 320, Wareham Multi-Service Center, 48 Marion Road, Wareham, MA on:

Wednesday, February 1, 2023, at 6:30 P.M.

on the Request for Determination of Applicability for:

John Houser
c/o Carlos Victor Coelho of Outdoor Personia
899 Washington Street
Hanover, MA 02339

To construct a 14’ x 20’ Pavilion located on Assessors Map 22, Lot D6, 12 Widow’s Cove Lane, Wareham, MA

WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman


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 in Room 320, Wareham Multi-Service Center, 48 Marion Road, Wareham, MA on:

Wednesday, February 1, 2023, at 6:30 P.M.

on the Request for Determination of Applicability for:

Glenn & Joanne Viera
c/o Carlos Victor Coelho of Outdoor Personia
899 Washington Street
Hanover, MA 02339

To construct a 24’ x 28’ two-car garage with a loft located on Assessors Map 74, Lot 1010A2, 12 Squirrel Island Road, Wareham, MA

WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman


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 in Room 320, Wareham Multi-Service Center, 48 Marion Road, Wareham, MA on:

Wednesday, February 1, 2023, at 6:30 P.M.

on the Request for Determination of Applicability for:

Stephen C. Hurlburt
P.O. Box 3238
Pocasset, MA 02559

To fill an old drainage ditch along a cranberry bog located on Assessors Map 131, Lot 10.A, 0 Cran HWY OFF, Wareham, MA

WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman


Wareham Fire District Fire Department
Installation of Fuel Pumps, Fuel Tanks and Fuel Management System. Control of Leak Detection and Inventory System.
Procurement Per M.G.L. Chapter 30 Section 39M

INVITATION TO BID

The Wareham Fire District Fire Department is seeking sealed bids for the installation of “Fuel Pumps, Fuel Tanks and Management System. Control of Leak Detection and Inventory System.” This procurement is subject to the competitive bidding requirements of M.G.L. Chapter 30 39M. Qualified bidders are requested to submit bids on prescribed forms to the Wareham Fire District Water Department, 2550 Cranberry Highway, Wareham, MA 02571, no later than Wednesday, February 8th, 2023, at 1:00 p.m. The bids will be opened and read publicly at that time. All bids shall be sealed and clearly marked “Installation of Fuel Pumps, Fuel Tanks and Management System. Control of Leak Detection and Inventory System.” Specifications, contractor qualifications, prevailing wages, bid documents and bid forms may be obtained Monday through Friday 7:30 a.m. to 4:00 p.m. at the water department office or by contacting Laurie Uva-Perry, 508-295-0450 or via email request at luvaperry@warehamfiredistrict.org. You may also contact Chief John Kelley via phone 508-295-2973. Contact Chief John Kelley for the mandatory site visit. The District reserves the right to accept or reject all bids in whole or in part, that 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 Enterprises are strongly encouraged.


NOTICE OF MORTGAGEE’S SALE
OF REAL ESTATE

Premises: 41 Cleveland Way, Wareham, Massachusetts

By virtue and in execution of the Power of Sale contained in a certain mortgage given by Kent O. Haven and Esmin Haven to US Bank National Association ND as successor by merger from US Bank National Association, said mortgage dated May 12, 2010, and recorded in the Plymouth County Registry of Deeds, in Book 38531 at Page 80 for breach of the conditions in said mortgage and for the purpose of foreclosing the same, will be sold at Public Auction on February 14, 2023 at 1:00 PM Local Time upon the premises, all and singular the premises described in said mortgage, to wit:

The land with the buildings thereon situated in Wareham, Plymouth County, Massachusetts being more particularly described as follows:

Being shown as Lot 12B and Lot 13 on plan of land entitled “Division’ Plan of Land Prepared For Secundine C. Civotti et al, Gilbert Silva, LLb/P.E., 22 Sippican Road, Wareham, MA Land Surveyor, Scale 1” =40’ October 16, 1980, “said plain being duly recorded with the Plymouth County Registry of Deeds as Plan 172 of 1981.

For title reference see deed recorded September 15, 1999 in Book 17867 at Page 135 of the Plymouth County Registry of Deeds.

PROPERTY ADDRESS:
41 Cleveland Way
Wareham, MA 0571

The description of the property that appears in the mortgage to be foreclosed shall control in the event of a typographical error in this publication.

For Mortgagors’ Title see deed dated May 12, 2010, and recorded in Book 38531 at Page 80 with the Plymouth County Registry of Deeds.

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 by a 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 sixty (60) days after the date of sale.

Other terms to be announced at the sale.
BENDETT & MCHUGH, PC
270 Farmington Avenue
Farmington, CT 06032
Attorney for US Bank National Association as successor by merger to
US Bank National Association ND
Present Holder of the Mortgage
(860) 677-2868


COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket 23 SM 000129
ORDER OF NOTICE

To:
Mardiette E. DeBoyes ; Danny Sherman

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

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,

claiming to have an interest in a Mortgage covering real property in West Wareham, numbered 3 and 5 Woodbridge Avenue, 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 in Plymouth County Registry of Deeds in Book 31413, Page 1, as affected by a Loan Modification dated December 22, 2018, and recorded in Said Registry of Deeds in Book 56265, Page 21, 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 February 27, 2023, 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 January 10, 2023.
Attest:
Deborah J. Patterson
Recorder
22-005078


TOWN OF WAREHAM
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 February 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 # 1-23 for a Special Permit from the requirements of Article 3, Table 320 under the Wareham Zoning By-Laws, to Rony’s Realty LLC., c/o G.A.F. Engineering, Inc., of 266 Main Street, Wareham, MA proposing construction of an 1,800± square foot two bay motor vehicle service garage located at, 3178 Cranberry Hwy., Wareham, MA (Assessors Map 9, Lot(s) W19, W20, W24, W25) in the CS zoning district.

Nazih Elkallassi, Chairman

First Notice: January 19, 2023
Second Notice: January 26, 2023


TOWN OF WAREHAM
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 February 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 # 2-23 for an Appeal of Building Inspector Notice Of Violation from the requirements of MGL Chapter 40A § 15 under the Wareham Zoning By-Laws, to Lynelle Butterfield and Peace for Ponies c/o Craig Hartwell, Esq., of 200 Main Street, Wareham, MA for the property located at, 12 Great Neck Road, Wareham, MA (Assessors Map 17, Lot 1008) in the R30 zoning district.

Nazih Elkallassi, Chairman

First Notice: January 19, 2023
Second Notice: January 26, 2023


TOWN OF WAREHAM
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 February 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 # 3-23 for a Variance from the requirements of Article 6, Section 625, Note 2 under the Wareham Zoning By-Laws, to Colin McNay, c/o James W. Marsh of 128 Union Street, Wareham, MA proposing to construct a Sport Court located at, 31 Warren Point Road, Wareham, MA (Assessors Map 32, Lot 1006) in the R-60 zoning district.

Nazih Elkallassi, Chairman

First Notice: January 19, 2023
Second Notice: January 26, 2023


INFORMAL PROBATE
PUBLICATION NOTICE
Commonwealth of Massachusetts
The Trial Court
Plymouth Division
Docket No. PL22P2837EA

Estate of: Janet Eileen Smolinsky
Date of Death: 27 July /2022

To all persons interested in the above captioned estate, by Petition of

Petitioner Joseph J Smolinsky, II of Falmouth, MA

Joseph J Smolinsky, II of Falmouth, 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.


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. PL19P2630EA

In the matter of: Elizabeth Campinha
Date of Death: 07/31/2019

A Petition for Order of Complete Settlement has been filed by Jamie E Campinha-Horner of West Wareham MA requesting that the court enter a formal Decree of Complete Settlement including the allowance of a final account, 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 02/13/2023.

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: January 11, 2023
Matthew J. McDonough, Register of Probate


DEPARTMENT OF ENVIRONMENTAL PROTECTION
WATERWAYS REGULATON PROGRAM
Notice of License Application Pursuant to M. G. L. Chapter 91
Waterways License Application Number 23-WW01-002APP

BOBM Inc., Safe Harbor Marina Onset Bay
Public notice is hereby given of the Waterways Application by BOBM Inc., Safe Harbor Marina-Onset Bay to replace and maintain the permitted bulkhead on the site, in the municipality of Wareham, in and over the waters of Onset Bay. The project is located at Safe Harbors Marina 18 Green Street, Wareham, MA. The bulkhead is presently licensed under the Commonwealth of Massachusetts Waterways License No. 2413. The proposed project has been determined to be water-dependent. The applicant is applying for an updated license to reflect the replacement of the bulkhead in the present location.
The Department will issue a formal License public notice as the project proceeds through DEP and will consider written comments on this Waterways Application received with the DEP issued notice. The Applicant is sending this first notice in advance of DEP’s formal Public Notice. A second DEP public notice will be forthcoming as the project proceeds through the licensing process.
Additional information regarding this application may be obtained by contacting Safe Harbor’s Attorney Steve Guard, Guard Law LLC at 781-681-6665 or via email at steve@guardlaw.net
Please feel free to submit written comments.


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 Ruth Fernandes to Wells Fargo Bank, N.A., dated April 4, 2007 and recorded in Plymouth County Registry of Deeds in Book 34358, Page 166 (the “Mortgage”) of which mortgage Mortgage Assets Management, LLC is the present holder by Assignment from Wells Fargo Bank, N.A. to Nationstar Mortgage LLC D/B/A Champion Mortgage Company dated October 16, 2017 and recorded at said Registry of Deeds in Book 49049, Page 197, and Assignment from Nationstar Mortgage LLC D/B/A Champion Mortgage Company to Mortgage Assets Management, LLC dated February 7, 2022 and recorded at said Registry of Deeds in Book 56589, Page 160, and Assignment from Nationstar Mortgage LLC D/B/A Champion Mortgage Company to Mortgage Assets Management, LLC dated October 19, 2022 and recorded at said Registry of Deeds in Book 57342, Page 250, for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at 2798 Cranberry Highway, East Wareham, MA 02538 will be sold at a Public Auction at 11:00 AM on February 22, 2023, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit:

The land with the buildings thereon situated in East Wareham, Plymouth County, Commonwealth of Massachusetts, known and being numbered: 2798 Cranberry Highway.

Being described as follows:

Beginning at the Northerly corner of street 25 feet wide known as Lopes Ave. opposite the land of Manuel Cardoza (Bangs lot) on Sandwich Road near Little Town; thence running on said Lopes Ave. Easterly one hundred and fifty (150) feet to a stake and stones: thence on the said grantors land Northerly fifty (50) feet to said grantors land on a stake and stone: thence Westerly on Joseph Vieira’s et al land one hundred and fifty (150) feet to a stake and stone on Sandwich Road: thence fifty (50) feet Southerly on said Sandwich Road to the point of beginning.

Being a lot of land 150 feet by 50 feet in a Confirmatory Deed granted and been lost by unknown cause with all our right title on the said premises.

The premises are conveyed subject to and with the benefit of all rights. rights of way, easements, appurtenances, reservations, restrictions, and layouts and takings of record. insofar as they are in force and applicable.

Meaning and intending to mortgage the same premises by deed of Capeverdian Trading Co. of Wareham to Antonio Fernandes and Domingos Fernandes, filed 05/13/1920 with the Plymouth County Registry of Deeds at Record Book 1352, Page 401: wherein a more detailed description of the premises is set forth.

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
Fernandes, Ruth, 22-041146


TOWN OF WAREHAM
SELECT BOARD
54 Marion Road
Wareham, Massachusetts 02571

NOTICE OF PUBLIC HEARING

In accordance with the provisions of Chapter 130, Section 60, of the Massachusetts General Laws, a public hearing will be held within the Select Board’s meeting on Tuesday, February 21, 2023 at approximately 7:15 P.M. via Zoom on the application to renew Shellfish Grant No. W-1 from Philip Chiaraluce, 19 Highland Road, Wareham. Said grant consists of 2.0 acres, more or less. A more particular description may be obtained in the Select Board’s Office, Memorial Town Hall, 54 Marion Road, Wareham, MA.
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

Per Order

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