Legal Advertisements - Week of May 9, 2024
May 9, 2024
TOWN OF WAREHAM
OFFICE OF THE TOWN CLERK
54 Marion Road
Wareham, Massachusetts 02571
(508) 291-3100, Ext. 3140
Fax: (508) 291-6511
May 1, 2024
In accordance with Chapter 40 Section 32 of the General Laws of the Commonwealth of Massachusetts, this bulletin contains the General By-law and Zoning By-laws Amendment adopted at the Annual Town Meeting convened on October 23, 2023, under Article(s) 8, 18, 19, 20, 21, 22, 23, 24, and 27 approved by Assistant Attorney General Nicole B. Caprioli on April 22, 2024. Article 27 was approved on January 22, 2024, by agreement with Town Counsel as authorized by G.L. c. 40 § 32. (An extension was agreed upon for Article(s) 8, 18, 19, 20, 21, 22, 24, and 24 for 45- days until March 8, 2024. On March 5, 2024, by agreement with Town Counsel, we extended the deadline for our decision on these articles for an additional 45 days until April 22, 2024. The Attorney General’s complete letter may be viewed at the Town Clerk’s Office or at www.wareham.ma.us/town-clerk, News and Announcements.
Article 8 – Under Article 8 the Town amended the general by-laws, Division XIII, Article 1, “Waterways Rules,” to make certain amendments. We approve the amendments adopted under Article 8 and incorporate by reference our previous comments in Case # 10785.
Article(s) 18, 19, 20, 22, and 23 – Approved from the October 23, 2023 Wareham Annual Town Meeting.
Article 21 – Approved except for the text imposing a three-year prohibition on repetitive appeals or applications following an unfavorable decision, that we disapprove because it conflicts with G.L. c. 40A, § 16, explanation found in Attorney General’s Letter.
Article 24 – Approved except for the provisions in Section 597.10, “Purpose,” Section 597.20, “Applicability,” and Section 320, “Table of Principal Uses,” that define battery energy storage systems as those systems “that facilitate the collection of solar energy in connection with Large-Scale Ground-Mounted Solar Photovoltaic Installations,” that we disapprove because these provisions result in a complete prohibition on principal use battery energy storage systems or battery energy storage systems that are not in connection with solar installations, explanation found in Attorney General’s Letter.
Respectfully submitted by:
Lisa J. Johnson
Interim Town Clerk
TOWN OF WAREHAM
CONSERVATION COMMISSION
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, May 15, 2024, at 6:00 P.M.
On the Request for Notice of Intent for:
Dos Amigos Realty Trust
2 Peyton Lane
Wareham, MA 02571
The overall project involves the construction of a new single-family dwelling with a rear deck, paved driveway, Title 5 Septic system, and associated utilites and grading. A portion of proposed work is located within the 100-foot buffer zone to a Bordering Vegetative Wetlands (BVW).
Map 74 Lot 1010-D1, 2 Peyton Lane, Wareham, MA.
WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman
TOWN OF WAREHAM
CONSERVATION COMMISSION
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, May 15, 2024, at 6:00 P.M.
On the Request for Determination of Applicability for:
Kimberly Lonis-Scheub
150 Pinehurst Drive
Wareham, MA 02571
Installation of solar panels to the roof of the residence and installation of 2 energy storage batteries within a shed enclosure on the side of the house near the street
Map 46A-1 Lot 70, 150 Pinehurst Drive, Wareham, MA.
WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman
TOWN OF WAREHAM
CONSERVATION COMMISSION
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, May 15, 2024, at 6:00 P.M.
On the Request for Notice of Intent for:
Timothy & Lynne DeMarco
59 Rose Point Avenue
Wareham, MA 02571
Construction of a 24’x35’ detached garage with a gravel drive. The proposed garage will provide storage and parking for personal vehicles and collector cars owned by the applicant.
Map 78-1-1 Lot 20, 21, 59 Rose Point Avenue, Wareham, MA.
WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman
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 May 22, 2024, at 6:30 p.m. in Room 320 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 19-24 for a Special Permit and/or Variance from from the principal use requirements of Article 3, Table 320, and the principal residential building per lot requirements of Article 6 under the Wareham Zoning By-Laws, to R.J. Motto, Inc. c/o Robert L. Perry of 191 Main Street, Wareham, MA seeking to construct a 3-bedroom duplex at 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: May 2, 2024
Second Notice: May 9, 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 May 22, 2024, at 6:30 p.m. in Room 320 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 22-24 for a Special Permit / Site Plan Review and a Use-Variance from the principal use requirements of Article 3, Table 320, and Article Article 15, Section 1520 under the Wareham Zoning By-Laws, to Five Star Golf Cars & Utility Vehicles, LLC. c/o Scott Rubin, Esq. of 71 Legion Parkway, Brockton, MA proposing to re-use the existing facility to house its operation as a golf cart repair and sales facility at the property located at, 161 & 167 Marion Road, Wareham, MA (Assessors Map 60, Lot(s) 1020 & 1022) in the MR-30 zoning district.
Nazih Elkallassi, Chairman
First Notice: May 2, 2024
Second Notice: May 9, 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 May 22, 2024, at 6:30 p.m. in Room 320 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 15-24 for a Variance from the requirements of Article 6, Table 625 under the Wareham Zoning By-Laws, to Timothy J. & Lynne M. DeMarco c/o Brian Grady – G.A.F. Engineering, Inc. of 266 Main Street, Wareham, MA proposing to construct a detached garage at the subject dwelling located at, 59 Rose Point Avenue, Wareham, MA (Assessors Map 78-1, Lots 20 & 21) in the R-30 zoning district.
Nazih Elkallassi, Chairman
First Notice: May 2, 2024
Second Notice: May 9, 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 May 22, 2024, at 6:30 p.m. in Room 320 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 16-24 for a Special Permit and/or Variance from the requirements of Article 6, Table 621 and Article 13, Section 1352 and Section 1353 under the Wareham Zoning By-Laws, to Terry L. & Katherine E. Edwards c/o Brian Grady – G.A.F. Engineering, Inc. of 266 Main Street, Wareham, MA proposing to raise an old portion of the existing house and rebuild in the same footprint and construct a roof deck at the property located at, 36 Wiship Avenue, Wareham, MA (Assessors Map 22, Lots 1002) in the R-60 zoning district.
Nazih Elkallassi, Chairman
First Notice: May 2, 2024
Second Notice: May 9, 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 May 22, 2024, at 6:30 p.m. in Room 320 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 17-24 for a Special Permit and/or Variance from the requirements of Article 13, Section 1355 and Section 1356 under the Wareham Zoning By-Laws, to Anthi Frangiadis of 16 Barrett Way, Wareham, MA proposing to raze and reconstruct existing dwelling at the property located at, 2 Arbutus Avenue, Wareham, MA (Assessors Map 11, Lots K-20) in the R-30 zoning district.
Nazih Elkallassi, Chairman
First Notice: May 2, 2024
Second Notice: May 9, 2024
THE COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket Number: 23 SM 004152
ORDER OF NOTICE
To:
Mary R. Pinkston
and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. c. 50 §3901 (et seq):
The Secretary, United States Department of Agriculture, Rural Development
claiming to have an interest in a Mortgage covering real property in 58 Repose Lane East Wareham, MA 02538, given by United States of America, acting through the Farmers Home Administration, United States Department of Agriculture to The Secretary, United States Department of Agriculture, Rural Development dated June 07, 1993 and recorded in Register of Deeds in Book 11924, Page 214, 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 06/03/2024 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 4/17/2024
Attest:
Deborah J. Patterson
Recorder
THE COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket Number: 24 SM 001666
ORDER OF NOTICE
To:
Christine Spano
and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. c. 50 §3901 (et seq):
Citizens Bank, N.A. f/k/a RBS Citizens, N.A.
claiming to have an interest in a Mortgage covering real property in Wareham, numbered 5 Tenth Avenue, given by Christine Spano to RBS Citizens, N.A., dated May 14, 2010, and recorded in Plymouth County Registry of Deeds in Book 38528, Page 67, and now held by the 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 06/10/2024 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 4/25/2021.
Attest:
Deborah J. Patterson
Recorder
THE COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket Number: 24 SM 001683
ORDER OF NOTICE
To:
The Heirs, Devisees and Legal Representatives of the Estate of Cynthia A. McCarthy, September McCarthy, William L. McCarthy, Jennifer L. Schaap-McCarthy a/k/a Jennifer L. McCarthy
and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. c. 50 §3901 (et seq):
Mortgage Assets Management, LLC
claiming to have an interest in a Mortgage covering real property in Wareham, numbered 32 Bay Pointe Drive Extension, Unit No. 32, of the Bay Pointe Village Condominium, given by Cynthia A. McCarthy to MetLife Home Loans, a Division of MetLife Bank, N.A., dated December 3, 2009, and recorded in Plymouth County Registry of Deeds in Book 38004, Page 125 and now held by the 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 06/10/2024 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 04/29/2024.
Attest:
Deborah J. Patterson
Recorder
THE COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket Number: 23 SM 004654
ORDER OF NOTICE
To:
Kelly A. Martinez
and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. c. 50 §3901 (et seq):
The Secretary, United States Department of Agriculture, Rural Development
claiming to have an interest in a Mortgage covering real property in 39 Barker Rd East Wareham, MA 02538, given by United States of America acting through the Rural Housing Service or Successor agency, United States Department of Agriculture to The Secretary, United States Department of Agriculture, Rural Development dated May 23, 2022, and recorded in the Plymouth county Registry of Deeds in Instrument number 506361, 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 06/03/2024, 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 4/17/2024.
Attest:
Deborah J. Patterson
Recorder
TOWN OF WAREHAM
CONSERVATION COMMISSION
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, May 15, 2024, at 6:00 P.M.
On the Request for Determination of Applicability for:
Erin and Michael Schaaf
6 Valley Road
Wareham, MA 02571
Seeking a jurisdictional determination relative to the neighboring dock which encroaches on to the subject lot.
Map 4 Lot LC21, 6 Valley Road, Wareham, MA.
WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman
NOTICE OF MORTGAGEE’S
SALE OF REAL ESTATE
Premises: 151 Swifts Beach Road, Wareham, MA 02571
By virtue and in execution of the Power of Sale contained in a certain mortgage given by Justice Machado to Mortgage Electronic Registration Systems, Inc., as Mortgagee, as nominee for Residential Mortgage Services, Inc., and now held by Freedom Mortgage Corporation, said mortgage dated August 29, 2017 and recorded in the Plymouth County Registry of Deeds in Book 48855, Page 328, as affected by a Loan Modification dated August 26, 2021 and recorded in the Plymouth County Registry of Deeds in Book 55894, Page 114; as affected by a Loan Modification dated December 7, 2022 and recorded in the Plymouth County Registry of Deeds in Book 57573, Page 12; said mortgage was assigned from Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Residential Mortgage Services, Inc. to Freedom Mortgage Corporation by assignment dated September 12, 2022 and recorded with said Registry of Deeds in Book 57225, Page 316; for breach of the conditions in said mortgage and for the purpose of foreclosing the same will be sold at Public Auction on June 10, 2024 at 11:00 AM Local Time upon the premises, all and singular the premises described in said mortgage, to wit:
Closing Date: August 29, 2017
Borrower(s): Justice Machado
Property Address 151 Swifts Beach Road, Wareham, MA 02571
The land with the buildings thereon situated in Wareham, Plymouth County, Massachusetts known as Swift’s Beach and being shown as Lot C on plan “Subdivision of Lot 175 and 176 Swift’s Beach, Wareham, Mass.” and recorded in Plan Book 8, Page 15.
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 28, 2017 and recorded in the Plymouth County Registry of Deeds in Book 48855, Page 325.
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 Freedom Mortgage Corporation
Present Holder of the Mortgage
(401) 217-8701
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 May 22, 2024, at 6:30 p.m. in Room 320 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 18-24 for a Special Permit and/or Variance from the requirements of Article 6, Table 628 and Article 13, Section 1352 and Section 1353 under the Wareham Zoning By-Laws, to Paul & Elaine Coughlin, Trustees, c/o Anthi Frangiadis of 22 William Street, New Bedford, MA proposing to connect the existing dwelling to the existing garage at the property located at, 25 Cleveland Way, Wareham, MA (Assessors Map 7B.2, Lot 20) in the R-30 zoning district.
Nazih Elkallassi, Chairman
First Notice: May 2, 2024
Second Notice: May 9, 2024
NOTICE OF MORTGAGEE’S
SALE OF REAL ESTATE
Premises: 167 Park Avenue, East Wareham (Wareham), MA 02538
By virtue and in execution of the Power of Sale contained in a certain mortgage given by Paul Dicicco III to Mortgage Electronic Registration Systems, Inc., as Mortgagee, as nominee for Radius Financial Group, Inc., and now held by Carrington Mortgage Services, LLC, said mortgage dated August 10, 2012 and filed in the Plymouth County Registry District of the Land Court as Document No.: 695743 and noted on Certificate of Title No.: 117873, said mortgage was assigned from Mortgage Electronic Registration Systems, Inc. as nominee for Radius Financial Group, Inc. to JP Morgan Chase Bank, National Association by assignment dated February 5, 2015 and filed with Plymouth County Registry District of the Land Court as Document No.: 729277 and noted on Certificate of Title No.: 117873; said mortgage was assigned from JP Morgan Chase Bank, National Association to Carrington Mortgage Services, LLC by assignment dated April 20, 2022 and filed with Plymouth County Registry District of the Land Court as Document No.: 830817 and noted on Certificate of Title No.: 117873; for breach of the conditions in said mortgage and for the purpose of foreclosing the same will be sold at Public Auction on June 3, 2024 at 01:00 PM Local Time upon the premises, all and singular the premises described in said mortgage, to wit:
The land, with the buildings thereon, now known and numbered as 167 Park Avenue, East
Warham, Plymouth County, Commonwealth of Massachusetts. Said premises are shown as Lots numbered 1008, 1009 and 1010 on a plan of land drawn by Frederic O. Smith, Surveyor and registered with Plymouth County District of the Land Court as Plan Number 8702B (Sheet 8) and filed with Certificate of Title Number 2383.
Said premises are conveyed subject to and with the benefit of easements, restrictions, reservations and rights of way of record so far as the same are now in force and applicable.
Property Address: 167 Park Avenue East Wareham, MA 02538
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 8, 2012 and registered with the Plymouth County Registry District of the Land Court as Document No.: 695742 and noted on Certificate of Title No.: 117873.
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 Carrington Mortgage Services, LLC
Present Holder of the Mortgage
(401) 217-8701
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. PL22P1337EA
Estate Of: Robert F Harrigan
Date of Death: 08/24/2019
A Petition for Order of Complete Settlement has been filed by Isis Tara of Brockton MA 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 05/27/2024.
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.
Witness: Hon. Patrick W. Stanton,
First Justice of this Court.
Date: April 25, 2024
Matthew J. McDonough, Register of Probate
ONSET FIRE DISTRICT
ANNUAL MEETING
May 20, 2024
WARRANT
Plymouth County, SS.
TO: Mary E. McCoy – Clerk Treasurer
In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of the Onset Fire District,
qualified to vote in the District Affairs, to meet in the Onset Fire Station, 8 Sand Pond Road, Onset, Massachusetts, on Monday evening May 20, 2024at 7:30 p.m. to act on the following articles:
ARTICLE: 1
To hear reports of Officers and Committees, or act anything thereon or thereunto.
Submitted and approved by the Prudential Committee: 3-0-0
ARTICLE: 2
To see if the District will vote to authorize the Clerk-Treasurer, with the approval of the Prudential Committee, to enter into Compensating Balance Agreements, as permitted by Massachusetts General laws, Chapter 44, Section 53F, for the fiscal year beginning July 1, 2024 and ending on June 30, 2025, or act anything thereon or thereunto.
Submitted and approved by the Prudential Committee: 3-0-0
ARTICLE: 3
To see if the District will vote to authorize the Clerk-Treasurer, with the approval of the Prudential Committee, to borrow in anticipation of revenue for the fiscal year beginning July 1, 2024 and ending June 30, 2025, in accordance with the Massachusetts General laws, Chapter 44, section 4 and the Acts in amendment thereof, and including in addition thereto, Chapter 849 of the Acts of 1969, as amended, and to renew any note or notes as may be given for a period of less than one year in accordance with the Massachusetts General Laws, Chapter 44, section 17 or act anything thereon or thereunto.
Submitted and approved by the Prudential Committee: 3-0-0
ARTICLE: 4
To see if the District will vote to raise and appropriate a sum of money for the salaries of the following officers for the fiscal year beginning on July 1, 2024 and ending on June 30, 2025; or act anything thereon or thereunto.
Clerk-Treasurer $121,500.00
Prudential Committee $ 7,500.00
Moderator $ 200.00
Submitted and approved by the Prudential Committee: 3-0-0
ARTICLE: 5
To see if the District will vote to raise and appropriate a sum of money for the following: All District Insurance, Meetings and Elections, All Other Expenses, Contingent Reserve, Ply. County Retirement, Blue Cross Blue Shield, etc. FICA/Medicare, Legal Fees, Audit, Clerk-Treasurer’s General Expenses, Unemployment Comp., Deferred Compensation, and Indemnification, for the fiscal year beginning on July 1, 2024, and ending on June 30, 2025 or act anything thereon or thereunto.
FY24 FY25 Difference
Meetings & Elections 10,000.00 10,000.00 -
All Other Expenses 12,500.00 12,500.00 -
Medicare/FICA 21,500.00 25,000.00 3,500.00
District Insurance 100,000.00 120,000.00 20,000.00
Contingent
Reserve 15,000.00 15,000.00 -
Plymouth County Retirement 216,800.00 235,000.00 18,200.00
BC/Blue Shield 484,000.00 569,000.00 85,000.00
Deferred
Compensation 10,000.00 5,000.00 (5,000.00)
Legal Fees 60,000.00 50,000.00 (10,000.00)
Audit 50,000.00 50,000.00 -
Indemnification 15,000.00 15,000.00 -
Clerk-Treasurer Gen Expense 124,700.00 122,700.00 (2,000.00)
Unemployment 2,000.00 2,000.00 -
Totals $1,121,500.00 $1,231,200.00 $109,700.00
Submitted and approved by the Prudential Committee: 3-0-0
ARTICLE: 6
To see if the District will vote to raise and appropriate the sum of $59,000.00for Clerical and Administrative expense for the Town of Wareham for the fiscal year beginning on July 1, 2024 and ending on June 30, 2025 or act anything thereon or thereunto.
Submitted and approved by the Prudential Committee: 3-0-0
ARTICLE: 7
To see the District will vote to transfer from the general fund the proceeds of the sale of 240 Onset Avenue, balance in full plus interest; final payment August 2024 to account # 104.5422 Disposal of Old Fire Station for the period ending June 30, 2025 or act anything thereon or thereunto.
Submitted and approved by the Prudential Committee: 3-0-0
ARTICLE: 8
To see the District will vote to raise and appropriate the sum of $50,000.00 for the Old Fire Station Disposal account #104.5422 for the period beginning July 1, 2024 ending June 30, 2025 or act anything thereon or thereunto.
Submitted and approved by the Prudential Committee: 3-0-0
ARTICLE: 9
To see if the District will vote to transfer from the following accounts:
FROM: TO: AMOUNT:
104.5420 Generator 104.5422-Old Fire Station Disposal $ 14,430.22
104.5409 Blue Cross 104.5422-Old Fire Station Disposal $150,000.00
for the period ending June 30, 2024 or act anything thereon or thereunto.
Submitted and approved by the Prudential Committee: 3-0-0
ARTICLE: 10
To see if the District will vote to transfer from free cash the sum of $100,000.00 for the debt & interest due on the loan for the Fire Station for the period ending June 30, 2024 or act anything thereon or thereunto.
Submitted and approved by the Prudential Committee: 3-0-0
ARTICLE: 11
To see if the District will vote to raise and appropriate the sum of $385,000.00 from taxation for the debt & interest due on the loan for Fire Station for the fiscal year beginning July 1, 2024 and ending June 30, 2025, or act anything thereon or thereunto.
Submitted and approved by the Prudential Committee: 3-0-0
ARTICLE: 12
To see if the District will vote to transfer from free cash the sum of $45,000.00 for a new account Survey of District Property for the period ending June 30, 2024 or act anything thereon or thereunto.
Submitted and approved by the Prudential Committee: 3-0-0
ARTICLE: 13
To see if the District will vote to transfer from free cash the sum of $50,000.00, to “Other Post-Employment Benefits Trust Fund” or OPEB Trust Fund as defined in Governmental Accounting Standards Board, Statements 43 and 45 for the purpose of funding future financial obligations of the District for health insurance benefits of retirees. The District Treasurer shall be the custodian of the OPEB Trust fund, or to act anything thereon or thereunto.
Submitted and approved by the Prudential Committee: 3-0-0
ARTICLE: 14
To see if the District will vote to amend Article 28 of the March 15, 2023 Annual Meeting as adopted by vote of the District Meeting by striking the language of said Article and inserting in place thereof the following:
Full-time employees of the District shall be entitled to military leave benefits and protections from the District to the same extent as applicable to employees of the commonwealth under M.G.L. c.33, §59, as may be amended from time to time.
Submitted by and approved by the Prudential Committee: 3-0-0
ARTICLE: 15
To see if the District will vote to raise and appropriate the sum of:
$391,410.74 for the salaries of the Board of Engineers, who shall act as permanent firefighters of the Fire Department and shall be paid as follows or as set by any collective bargaining agreements.
Personnel Payroll FY 25
Chief Engineer - 5201 $127,679.97
Chief Engineer Holiday Pay-5206 $7,363.60
Assistant Engineer – 5202 $96,624.63
Assistant Engineer Overtime - $33,181.53
Assistant Engineer - Total $129,806.16
Assistant Engineer - 5203 $94,209.01
Assistant Engineer Overtime - $32,352.00
Assistant Engineer - Total $126,561.01
For the fiscal year beginning July 1st, 2024, and ending June 30th, 2025, or act anything thereon or thereunto.
Submitted and Approved by the Fire Chief
Approved by the Prudential Committee: 3-0-0
ARTICLE: 16
To see if the District will vote to raise and appropriate the sum of:
$1,244,646.08 for the payroll account of the Fire Department, which shall cover the hourly wages for emergencies, drills, details, shift coverages, stipends, and longevity pay as set by the Chief Engineer, for each hour or half-hour thereof, at the following rates or as specified by collective bargaining agreement.
Payroll FY24 FY25 Diff (%)
CAPTAIN S/C $30.54 $32.37 6%
CAPTAIN S/C $29.33 $31.09 6%
INSPECTOR $26.89 $28.50 6%
FIREFIGHTER $23.01 $24.39 6%
FIREFIGHTER NEW $22.10 $23.43 6%
CALL DEPARTMENT FY24 FY25 Diff (%)
CAPTAINS $24.56 $24.81 1%
LIEUTENANTS $23.39 $23.62 1%
FIREFIGHTERS $22.19 $22.41 1%
SUB FIREFIGHTERS $20.99 $21.20 1%
DISPATCHERS / AER $22.19 $22.41 1%
RECRUITS $15.00 $15.00 0%
INTERNS $15.00 $15.00 0%
Longevity Pay, Permanent personnel: 05 years – 10 years = $175.00, 11 years – 15 years = $200.00, 16 years – 20 years = $300.00 21 years – 25 years = $400.00, 25 + years = $500.00
Driver / Operator stipends: $50.00 per major piece of apparatus, not to exceed $350.00 per driver/ operator, before December 31st and 100 paid incidents.
Stipends: Permanent personnel, $400.00 per contractual qualification; Call personnel, $250.00 per qualification, before December 31st, and 100 paid incidents.
Stipends categories: Emergency Medical Technician ( All Levels), Hazardous Materials Technician, Technical Team Member ( All Disciplines), Department of Fire Services Instructor, Fire Alarm Technician, Emergency Vehicle Technician Certifications, Certified Fire Alarm Technician, Chief Fire Officer, Fire Inspector, and Executive Fire Officer or as set by any Collective Bargaining Agreements for the fiscal year beginning July 1st, 2024 and ending June 30th, 2025, or act anything thereon or thereunto
Submitted and Approved by the Fire Chief
ARTICLE: 17
To see if the District will vote to raise and appropriate the sum of: $393,000.00 for the following existing and new Fire Department accounts:
Operating Budget FY24 FY25 Difference ($)
102.5209 Maintenance & Operation New $175,000.00 $200,000.00 $ 25,000.00
102.5210 Maintenance & Operation OLD $3,000.00 $20,000.00 $ 17,000.00
103.2022 Matching Funds $5,000.00 $5,000.00 $0.00
103.5210 Fire Hose Maintenance $10,000.00 $20,000.00 $10,000.00
103.5212 PPE Purchase & Maintenance $20,000.00 $20,000.00 $0.00
103.5215 Apparatus Repair $30,000.00 $20,000.00 -$10,000.00
103.5217 Generator $2,000.00 $1,000.00 -$1,000.00
103.5222 Radios Maintenance $5,000.00 $10,000.00 $ 5,000.00
103.5225 Haz-Mat $0.00 $0.00 $0.00
103.5231 Rescue Tools $0.00 $0.00 $0.00
103.5238 Computers/Phones/Electronics $6,000.00 $5,000.00 -$1,000.00
103.5239 Fire Alarm $0.00 $1,000.00 $1,000.00
103.5240 Rescue Boat $5,000.00 $3,000.00 -$2,000.00
103.5245 Training Programs $0.00 $5,000.00 $ 5,000.00
103.5251 Air Pack/Comp Maintenance $70,000.00 $70,000.00 $0.00
103.5252 Defibrillator/CPR $3,000.00 $1,000.00 -$2,000.00
103.5256 New Equipment $0.00 $0.00 $0.00
103.5258 New Vehicle $0.00 $0.00 $0.00
103.5261 Cran Hwy Expansion $0.00 $0.00 $0.00
103.5263 Thermal Imager $12,000.00 $8,000.00 -$4,000.00
103.5266 Health & Wellness $8,000.00 $3,000.00 -$5,000.00
103.5267 Contractual Benefits & Liabilities $0.00 $0.00 $0.00
103.5269 Gear Washer $2,000.00 $1,000.00 -$1,000.00
103.5270 Fire Station $0.00 $0.00 $0.00
TOTALS $356,000.00 $393,000.00 $37,000.00
Special appropriation funds are to be added to monies now available for the described purposes for the fiscal year beginning July 1st, 2024, and ending June 30th, 2025, or act anything thereon or thereunto.
Submitted and Approved by the Fire Chief
ARTICLE: 18
To see if the District will vote to authorize and direct the Clerk-Treasurer to transfer any and all Cranberry Highway Project re-imbursement monies into the fire department Fire Alarm account number 103.5239 or act anything thereon or thereunto.
Submitted and approved by Chief Engineer
ARTICLE: 19
To see if the District will vote to authorize and direct the Clerk-Treasurer to transfer any remaining funds after transfers into the New Vehicle Account number 103.5258 from remaining funds at the close of the 2024 fiscal year from the Fire Department payroll account 102.5207, or act anything thereon or thereunto.
Submitted and approved by Fire Chief
ARTICLE: 20
To see if the District will vote to raise and appropriate, from Water Department Revenue, the sum of $592,000.00 into the Water Department’s “Payroll” account for the Water Department personnel and the Water Superintendent, for the fiscal year beginning on July 1, 2024 and ending on June 30, 2025, or act anything thereon or thereunto.
Submitted and approved by the Board of Water Commissioners 2-0-0
ARTICLE: 21
To see if the District will vote to raise and appropriate from Water Department Revenue the sum of $1,132,100.00 for following: M&O, Medical Insurance, Property Insurance & Workers Compensation, Plymouth County Retirement, FICA/Medicare, Meter Revitalization, Debt & Interest, and Property Survey, for the fiscal year beginning on July 1, 2024 and ending on June 30, 2025 or act anything thereon or thereunto.
FY 2024 FY 2025 DIFERENCE
M&O $240,000.00 $250,000.00 $10,000.00
MEDICAL INSURANCE $375,000.00 $390,000.00 $15,000.00
PROPERTY INSURANCE $90,000.00 $110,000.00 $20,000.00
PLYMOUTH COUNTY RETIREMENT $157,000.00 $173,100.00 $16,100.00
MEDICARE/FICA $8,800.00 $9,000.00 $200.00
METER REVITALIZATION PROGRAM $10,000.00 - $(10,000.00)
DEBT AND INTEREST $175,000.00 $175,000.00 -
PROPERTY SURVEY - $15,000.00 $15,000.00
GRANT MONEY - $10,000.00 $10,000.00
$1,055,800.00 $1,132,100.00 $76,300.00
Submitted and approved by the Board of Water Commissioners 2-0-0
ARTICLE: 22
To see if the District will vote to raise and appropriate, from Water Department Revenue, the sum of $7,500.00 into the Water Department’s “Board of Water Commissioners” account #5509 for the salaries of the Board of Water Commissioners, to be disbursed equally, for the fiscal year beginning on July 1, 2024 and ending on June 30, 2025 or act anything thereon or thereunto.
Submitted and approved by the Board of Water Commissioners 2-0-0
ARTICLE: 23
To see if the District will vote to authorize and direct the Clerk-Treasurer to transfer the balance of monies into the following accounts at the close of the Fiscal Year 2024 or act anything thereon or thereunto.
FROM TO AMOUNT
6005.5529 - BCBS 6006.5119 - WELL RENOVATION $60,000.00
6005.5529 - BCBS 6006.5547 - METER PROGRAM $62,000.00
6005.5529 - BCBS New Account Grant Money Balance After All Transfers
6005.5001 - PAYROLL 6006.5547 - METER PROGRAM $72,000.00
6005.5001 - PAYROLL 6006.5119 - WELL RENOVATION $25,000.00
6005.5001 - PAYROLL New Account Grant Money Balance After All Transfers
6006.5502 - METERS 6006.5547 - METER PROGRAM $6,644.93
6006.5562 - MINI BACKHOE 6006.5520 - WATER SER TRUCK $1,137.00
Submitted by Board of Water Commissioners 2-0-0
ARTICTLE: 24
To see if the District will vote to transfer from Solar Panel Funds the sum of $47,946.00 into the Future Stand Pipe Account#6006.5545 for the fiscal year beginning July 1, 2024 and ending June 30, 2025 or act anything thereon or thereunto.
Submitted by Board of Water Commissioners 2-0-0
ARTICLE: 25
To see if the District will vote to transfer from the Solar Panel Funds the sum of $15,982.00 to “Other Post-Employment Benefits Trust Fund” or OPEB Trust Fund as defined in Governmental Accounting Standards Board, Statements 43 and 45 for the purpose of funding future financial obligations of the District for health insurance benefits of retirees. The District Treasurer shall be the custodian of the OPEB Trust fund, for the Fiscal Year 2024 or to act anything thereon or thereunto.
Submitted by Board of Water Commissioners 2-0-0
ARTICLE: 26
To see the District will vote to rescind the unanimous vote on Article 36, at the Annual District Meeting held on Monday, May 16, 2022.
Submitted by Board of Water Commissioners 2-0-0
ARTICLE: 27
To see if the District will vote to raise and appropriate from water revenue or borrow or transfer from available funds the sum $350,000.00 for electrical and Supervisory Control and Data Acquisition (SCADA) upgrades and acquisition and installation of emergency power generator equipment, propane tanks, variable frequency drives and appurtenances necessary to provide emergency backup power for use at Well 6; including all cost incidental. The District will be applying for the Hazard Mitigation Grant Program (HMGP) and Municipal Vulnerability Preparedness Grant Program (MVP) these grants will cover the cost of seventy five percent (75%) of said monies. These types of grants are designed for projects specifically like this. If the HMGP or MVP grants is awarded it can provide reimbursable funding up to $262,500.00 to the District related thereto. This article requesting $350,000.00 is contingent upon Onset Water Department being approved for this or other related grant if not obtained this appropriation is null and void or to act anything thereon or thereunto.
Submitted by Board of Water Commissioners 2-0-0
ARTICLE: 28
To see if the District will vote to raise and appropriate from water revenue or borrow or transfer from available funds the sum $350,000.00 for electrical and Supervisory Control and Data Acquisition (SCADA) upgrades and acquisition and installation of emergency power generator equipment, propane tanks, variable frequency drives and appurtenances necessary to provide emergency backup power for use at Well 5; including all cost incidental. The District will be applying for the Hazard Mitigation Grant Program (HMGP) and Municipal Vulnerability Preparedness Grant Program (MVP) these grants will cover the cost of seventy five percent (75%) of said monies. These types of grants are designed for projects specifically like this. If the HMGP or MVP grants is awarded it can provide reimbursable funding up to $262,500.00 to the District related thereto. This article requesting $350,000.00 is contingent upon Onset Water Department being approved for this or other related grant if not obtained this appropriation is null and void or to act anything thereon or thereunto.
Submitted and approved by the Board of Water Commissioners 2-0-0
ARTICLE: 29
To see if the District will vote to approve the collective bargaining agreement between the Onset Fire District and the Wareham Firefighters, Local 2810 - Unit B (Onset Members) IAFF, for the period of July 01, 2024 through June 30, 2027, or act anything thereon or thereunto.
Submitted and approved by the Prudential Committee: 3-0-0
ARTICLE: 30
To choose the following officers, all to be on one ballot, one (1) Moderator. a one year term: one (1) member of the Prudential Committee for a 3-year term: one (1) Water Commissioner for a
3- year term:
Submitted and approved by the Prudential Committee: 3-0-0
You are hereby directed to serve this Warrant by posting attested copies of the same in two (2) public places, seven (7) days at least, before the time of said meeting.
Given under our hands at Onset, this 11th Day of April; in the year 2024
Submitted and approved by the Prudential Committee: 3-0-0
PRUDENTIAL COMMITTEE:
Pamela Pike Chair
Marcine Fernandes, Clerk
Karl Baptiste, Member
Mary E. McCoy
Clerk
Attest: True Copy
