Legal Advertisements - Week of June 5, 2025

Jun 05, 2025

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 June 25, 2025, at 6:30 p.m. in Room 520 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 22-25 for a Variance or a Special permit from the requirements of Article 6, Section 628, and Article 13, Section 1352 and Section 1353 under the Wareham Zoning By-Laws, to George Westerman & Marilyn Augustyn of 109 Hancock Street, Somerville, MA proposing to demolish existing living room and portion of 2nd floor structure. Add foundation to code under this portion of the home and rebuild on the existing footprint located at 177 Onset Ave, Wareham, MA (Assessors Map 1, Lot 139) in the OV-1 zoning district.

Nazih Elkallassi, Chairman

First Notice: June 5, 2025
Second Notice: June 12, 2025

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 June 25, 2025, at 6:30 p.m. in Room 520 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 23-25 for a Variance(s) from the requirements of Article 3, Table 320 under the Wareham Zoning By-Laws, to Manuel A. DeMiranda and Manuel A. DeMiranda, Jr. of 2648 Cranberry Hwy., Wareham, MA proposing to build a duplex, each side with two bedrooms, and garage, and bonus room above garage located at 2645 Cranberry Highway, Wareham, MA (Assessors Map 132, Lot 1030A) in the CG zoning district.

Nazih Elkallassi, Chairman

First Notice: June 5, 2025
Second Notice: June 12, 2025

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 Dennis J. Borges and Katherine Borges to TD Bank, N.A., dated July 31, 2012 and recorded with the Plymouth County Registry of Deeds in Book 41874, Page 331 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 12:00 p.m. EST on July 8, 2025, on the mortgaged premises located at 20 Shaw Street, W. Wareham, Massachusetts, all and singular the premises described in said mortgage.
TO WIT: The following described property is situated in the West Warehman, County of Plymouth and Commonwealth of Massachusetts:

SAID WAREHAM, PLYMOUTH COUNTY, MASSACHUSETTS, TOGETHER WITH THE BUILDINGS THEREON, IN THAT PART KNOWN AS ROSE POINT, AND BEING LOT #56 AS SHOWN ON PLAN OF SECTION 2, WHICH IS RECORDED WITH THE PLYMOUTH COUNTY REGISTRY OF DEEDS.

TOGETHER WITH A RIGHT OF WAY FROM BLACKMORE POND ROAD AND PRIVILEGES WITH OTHERS IN THE RESERVATION AS SHOWN ON SAID PLAN.

TOGETHER WITH ALL RIGHTS, PRIVILEGES AND EASEMENTS CONNECTED THEREWITH AND SUBJECT TO RESTRICTIONS AND EASEMENTS OF RECORD, AND SUBJECT TO ANY BUILDING AND ZONING LAW REQUIREMENTS WHICH MAY BE IN FORCE AND APPLICABLE.

BEING THE SAME PROPERTY CONVEYED TO KRISTIN L. RAY, AN UNMARRIED WOMAN BY DEED FROM DENNIS J. BORGES AND KATHERINE H. BORGES, ALSO KNOWN AS KATHERINE BORGES, HUSBAND AND WIFE RECORDED 08/08/2016 IN DEED BOOK 47287 PAGE 214, IN THE REGISTRY OF DEEDS PLAN FOR PLYMOUTH COUNTY, MA.

Premises to 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 dollars ($5,000.00) by certified or bank check made payable to TD Bank, N.A. will be required to be paid by the purchaser at the time and place of sale. TD reserves the right to reject any and all bids at any time. The balance is to be paid by certified or bank check payable to TD Bank, N.A. c/o Duane Morris LLP, 2 Monument Square, Suite 505, Portland, ME 04101-4097, 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. In the event of an error in this notice, the description of the premises contained in said mortgage shall control. Other terms, if any, to be announced at the sale.

/s/ TD Bank, N.A.
Present holder of said mortgage
By its Attorneys,
Duane Morris LLP
2 Monument Square, Suite 505
Portland, ME 04101-4079
Attn: Alex Angelo
AAngelo@duanemorris.com

MORTGAGEE’S SALE OF REAL ESTATE

By virtue and in execution of the Power of Sale contained in a certain mortgage given by Resi, LLC to Cardinal Capital Group, Inc., dated April 14, 2023, and filed in the Plymouth County Registry District of the Land Court as Document No. 842115 and noted on Certificate of Title Nos. 131653, 131654 and 131655, as assigned to Churchill Funding I, LLC, by assignment filed June 15, 2023, in the Plymouth County Registry District of the Land Court as Document 843281 and noted on Certificate of Title Nos. 131653, 131654 and 131655, and as further assigned to Tyron Street Acquisition Trust I, by assignment filed May 7, 2025, in the Plymouth County Registry District of the Land Court as Document 860881 and noted on Certificate of Title Nos. 131653, 131654 and 131655, 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 12:00 o’clock noon, on the 26th day of June A.D., 2025, on the premises below described being known as 36, 42 and 48 Robinwood Road, Wareham, Massachusetts, all and singular the premises described in said mortgage as set forth below:
To wit: “Lot A-36 Robinwood
A certain parcel of land situated in Wareham, in the County of Plymouth being Lot A on subdivision plan #2433D, drawn by T.A. Churbuck, Civil Engineer, dated Dec. 1909; a copy of a part of which is filed with Certificate of Title 149; and all of said boundaries, except the water lines, are determined by the Court to be located as shown on said plan.
There is appurtenant to the above described land a right of way in common with others entitled thereto over the street called Plymouth Avenue on said plan to Powers Avenue and over Powers Avenue, as shown on said plan, to land marked James G. Powers; also a right of way in common with others entitled thereto over said Powers land as set forth in deed given by Powers et al Judson H. Coffin, dated April 9, 1892, and recorded with Plymouth deeds, Book 637, page 209.
There is also appurtenant to the above described land rights in common with others entitled thereto lay and maintain water pipes, gas pipes. and electric and telephone wires, with the poles to support the same in said avenue, but not in any manner that shall be a detriment to the rest of the property abutting thereon.
Lot B-42 Robinwood
A certain parcel of land situated in Wareham, in the County of Plymouth being Lot B on subdivision plan #2433D, drawn by T.A. Churbuck, Civil Engineer, dated Dec. 1909; a copy of a part of which is filed with Certificate of Title 149; and all of said boundaries, except the water lines, are determined by the Court to be located as shown on said plan.
There is appurtenant to the above described land a right of way in common with others entitled thereto over the street called Plymouth Avenue on said plan to Powers Avenue and over Powers Avenue, as shown on said plan, to land marked James G. Powers; also a right of way in common with others entitled thereto over said Powers land as set forth in deed given by Powers et al Judson H. Coffin, dated April 9, 1892, and recorded with Plymouth deeds, Book 637, page 209.
There is also appurtenant to the above described land rights in common with others entitled thereto lay and maintain water pipes, gas pipes. and electric and telephone wires, with the poles to support the same in said avenue, but not in any manner that shall be a detriment to the rest of the property abutting thereon. Said lots B and C are subject to the right of Charles Whittemore, his heirs or assigns, to use the water pipe laid in the ground across the northwest corner of this property during the life of the present pipe.
Lot C-48 Robinwood
A certain parcel of land situated in Wareham, in the County of Plymouth being Lot C on subdivision plan #2433D, drawn by T.A. Churbuck, Civil Engineer, dated Dec. 1909; a copy of a part of which is filed with Certificate of Title 149; and all of said boundaries, except the water lines, are determined by the Court to be located as shown on said plan.
There is appurtenant to the above described land a right of way in common with others entitled thereto over the street called Plymouth Avenue on said plan to Powers Avenue and over Powers Avenue, as shown on said plan, to land marked James G. Powers; also a right of way in common with others entitled thereto over said Powers land as set forth in deed given by Powers et al Judson H. Coffin, dated April 9, 1892, and recorded with Plymouth deeds, Book 637, page 209.
There is also appurtenant to the above described land rights in common with others entitled thereto lay and maintain water pipes, gas pipes, and electric and telephone wires, with the poles to support the same in said avenue, but not in any manner that shall be a detriment to the rest of the property abutting thereon.
Said lots B and C are subject to the right of Charles Whittemore, his heirs or assigns, to use the water pipe laid in the ground across the northwest corner of this property during the life of the present pipe.
See Deeds as registered in Document No. 812346; Document No. 812350; and Document No. 812354.”
The above premises will be sold subject as above and to the following: any and all unpaid taxes, tax titles, municipal assessments and liens; any and all outstanding water and/or sewer charges; any and all covenants, easements, restrictions, rights, reservations, conditions and/or other enforceable encumbrances of record created prior to the mortgage; and to all tenancies and/or rights of parties in possession, if any of the aforesaid there be. The holder of the subject mortgage reserves the right to sell such parcels collectively or individually.

Terms: Five Thousand and 00/100 Dollars ($5,000.00) will be required to be paid in cash or by certified check by the purchaser at the time and place of sale as earnest money with an additional deposit of Ten Thousand and 00/100 Dollars ($10,000.00) to be paid within five (5) business days after the sale to bring the total deposit to $15,000. The successful bidder (other than the mortgagee) shall also be responsible for a one percent (1%) buyer’s commission payable to the auctioneer at the time of closing. The balance of all amounts due is to be paid in cash or by certified check within thirty (30) days of the sale at the Law Offices of Ford & Paulekas, LLP, 280 Trumbull Street, Hartford, CT 06103. In the event the holder of the subject mortgage elects to sell such parcels individually, then the same terms of sale shall be applicable to each sale. Other terms, if any, to be announced at the sale.
TRYON STREET CQUISITION TRUST I
By:David A. Hill, Jr.
Its Attorney
Attorneys for Mortgagee:
Ford & Paulekas, LLP
280 Trumbull Street
Hartford, CT 06103
(860) 527-0400

Dated: May 29, 2025

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. PL25P1060EA

Estate of: Geoffrey Raymond Kirpa
Also known as: Raymond Geoffrey Kirpa
Date of Death: 02/06/2025
To all interested persons:

A Petition for Formal Adjudication of Intestacy and Appointment of Personal Representative has been filed by Cynthia Cramer of Kalamazoo MI 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 Cramer of Kalamazoo MI 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 06/30/2025.

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: May 29, 2025
Matthew J. McDonough, Register of Probate

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 June 25, 2025, at 6:30 p.m. in
Room 520 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 21-25 / Zone 25-23 for a Variance(s) from the requirements of Article 11, Section 1128, and Section 1172 under the Wareham Zoning By-Laws, to NH Sign of 66 Gold Ledge Ave., Auburn, NH proposing to reface MID with new faces to match Nouria rebrand located at, 2501 Cranberry Highway, Wareham, MA (Assessors Map 84, Lot 1017) in the CG zoning district.

Nazih Elkallassi, Chairman

First Notice: June 5, 2025
Second Notice: June 12, 2025

NOTICE OF ACTIVITY AND USE LIMITATION SLOCUM-GIBBS CRANBERRY CO.
107 WAREHAM STREET, CARVER, MASSACHUSETTS MASSDEP RELEASE TRACKING NUMBER 4-0029695

A release of oil and/or hazardous materials has occurred at this location, which is a disposal site as deﬁned by M.G.L. c. 21E, § 2 and the Massachusetts Contingency Plan, 310 CMR 40.0000. On May 27, 2025, Slocum-Gibbs Cranberry Co. recorded with the Plymouth County Registry of Deeds a Notice of Activity and Use Limitation on the disposal site, pursuant to 310 CMR 40.1070 through 40.1080.

The Notice of Activity and Use Limitation will limit the following site activities and uses on the above property:

(i) Use of any new or existing drinking water supply well, including a water supply well that has been out of service, for potable or agricultural/gardening purposes, unless:
a. An Active Exposure Pathway Mitigation Measure is properly designed, installed, and/or tested prior to use of the well as a potable water supply, and is properly operated and maintained throughout the period that the well is in use; or
b. A Licensed Site Professional renders an Opinion, in accordance with 310 CMR 40.1080, that an Active Exposure Pathway Mitigation Measure is not required.

Any person interested in obtaining additional information about the Notice of Activity and
Use Limitation may contact Amy A. Roth, LSP, 2 Home Avenue, Concord, New Hampshire 03301, (603) 369-4190 extension 509.

The Notice of Activity and Use Limitation and the disposal site ﬁle can be viewed at MassDEP website at https://eeaonline.eea.state.ma.us/portal#!/search/wastesite using Release Tracking Number (RTN) 4-0029695 or at MassDEP, Southeast Regional Office, 20 Riverside Drive, Lakeville, Massachusetts 02347, 508-946-2700.

NOTICE OF MORTGAGEE’S
SALE OF REAL ESTATE

Premises: 18 Martin Street, Buzzards Bay (Wareham), MA 02532

By virtue and in execution of the Power of Sale contained in a certain mortgage given by Robert W Proctor to Santander Bank, N.A., and now held by Santander Bank, N.A., said mortgage dated April 15, 2015 and recorded in the Plymouth County Registry of Deeds in Book 45468, Page 25, for breach of the conditions in said mortgage and for the purpose of foreclosing the same will be sold at Public Auction on June 26, 2025 at 11:00 AM Local Time upon the premises, all and singular the premises described in said mortgage, to wit:

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

Two certain parcels of land being lots numbered three hundred thirteen (313) and three hundred fourteen (314) situated in Cohasset Park, Town of Wareham, County of Plymouth, Commonwealth of Massachusetts as surveyed by A.B. Savary and recorded at Plymouth, Massachusetts, together with the right of way to the water via salt works road or cedar street.

Also: two certain parcels of land being lots numbered three hundred eleven (311) and three hundred twelve (312) situated in the easterly part of the Town of Wareham at a development known as Indian Mound Beach and designated as follows: - viz: lots numbered 311 and 312, containing 5,000 square feet in Cohasset Park so called.

Said lots 313, 314, 311, & 312 are together bounded and described as follows:

NORTHEASTERLY by Martin street, 100.0 feet;
SOUTHEASTERLY by lot 315 on the aforesaid plan, 100.0 feet;
SOUTHWESTERLY by lots 276, 275, 274 and 273, 100.0 feet; and
NORTHWESTERLY by lot 310 on the aforesaid plan, 100.00 feet.

Being the same premises conveyed to grantors Edward N. Santoro & Eleanor E. Santoro by deed of Donald A. Hatfield and Laura L. Hatfield, dated Spetember 12, 1986, and duly recorded with the Plymouth County Registry of Deeds in Book 7114, Page 134.

Subject to restrictions, reservations, easements, covenants, oil, gas or mineral rights of record, if any.

Being the same premises conveyed to Robert W. Proctor, individually from Eleanor Santoro by Massachusetts quitclaim deed dated 10/25/2002, and recorded on 10/25/2002, at book 23206, page 206, in the Plymouth County, MA.

Assessors Parcel Number: MAP: 7; Lot: 313

ATI order Number: 201502110046

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 October 25, 2002 and recorded in the Plymouth County Registry of Deeds in Book 23206, Page 206.

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.

Said mortgage is subject to a certain mortgage given by Robert W Proctor to Mortgage Electronic Registration Systems, Inc., as Mortgagee, as nominee for loanDepot.com, LLC, dated 08/23/2012 and recorded in Plymouth County Registry of Deeds in Book 41907, Page 249

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 Santander Bank, N.A.
Present Holder of the Mortgage (401) 217-8701

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. PL25P1076EA

Estate of: Herbert Finn
Date of Death: 03/10/2025

To all interested persons:

A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Jessica E. Costa of South Easton 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 Jessica E. Costa of South Easton 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 06/30/2025.

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: May 30, 2025
Matthew J. McDonough, Register of Probate

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 June 25, 2025, at 6:30 p.m. in Room 520 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 24-25 for a Variance from the requirements of Article 6, Table 628 under the Wareham Zoning By-Laws, to Ricardo and Andrea Silva of 1 Cannonberry Way, Wareham, MA proposing to build an attached 24’ x 24’ two car garage with a 24’ x 24’ living area above at the principal residence located, 1 Cannonberry Way, Wareham, MA (Assessors Map 49, Lot 1) in the R-30 zoning district.

Nazih Elkallassi, Chairman

First Notice: June 5, 2025
Second Notice: June 12, 2025

PLANNING BOARD
54 Marion Road
Wareham, MA 02571
NOTICE OF PUBLIC HEARING

The Wareham Planning Board will hold a public hearing on June 23, 2025 at 6:00 p.m. in Room 520 of the Wareham Multi- Service Center, 48 Marion Road, Wareham MA 02571 to consider Petition # 4-25 for a Site Plan Review from the requirements of Article 3, Table 320 and Article 15, Section 1520 of the Wareham Zoning By-Laws, to Kevin Welch of 651 Orchard Street, Unit 308A, New Bedford, MA 02744 proposing construction of two (2) industrial buildings for storage of materials, tools, and as a base from which to conduct their local commercial businesses with associated site work including utilities, access, and parking located at, 2731 Cranberry Highway, Wareham, MA (Assessors Map 133 Lot 1003) in the MR-30 zoning district

Wareham Planning Board
Carl Schulz, Chairman

First Notice: June 5, 2025
Second Notice: June 12, 2025