Legal Notices -July 10, 2020

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The legal notices that ran in the print editions of the Enterprise newspapers on July 10, 2020

 

The Falmouth Enterprise  The Bourne Enterprise   The Mashpee Enterprise   The Sandwich Enterprise   

As ran in the Classified section in all four Enterprise newspapers


From The Falmouth Enterprise

The FALMOUTH CONSERVATION COMMISSION will hold a public hearing under Section 40, Chapter 131 of the general laws of the Commonwealth of Massachusetts Wetlands Protection Act and/or the Town of Falmouth Wetlands Protection Bylaw on Wednesday, July 22nd, 2020 at 7:00 PM. 

In accordance with the Governor’s Order Suspending Certain Provisions of the Open Meeting Law, G. L. c. 30A, § 20, relating to the 2020 novel Coronavirus outbreak emergency, the July 22, 2020 public meeting of the Falmouth Conservation Commission shall be physically closed to the public to avoid group congregation. 

Alternative public access to this meeting shall be provided in the following manner:

1.The meeting will be televised via Falmouth Community Television.

2.Real-time public comment can be addressed to the Conservation Commission utilizing the Zoom virtual meeting software for remote access.  This application will allow users to view the meeting and send a comment or question to the Chair via the Chat function. Submitted text comments will be read into the record at the appropriate points in the meeting.

a.Zoom Login instructions:

i.Instructions and the meeting link for this specific meeting can be found at the following web address: http://www.falmouthmass.us/1092/Conservation-Commission

ii.Please plan on 10-15 minutes of preparation time to log in though it may be less if you have previously used Zoom on the device you will use to access this meeting.

3.Additionally public comments may be sent in advance of the meeting to concom@falmouthma.gov at least 5 hours prior to the beginning of the meeting.  Documents and audio or video files may also be submitted via email. Submitted email comments and documents will be made a part of the meeting record and may be read into the record, summarized or displayed during the meeting at the discretion of the chair.   

4.Applicants, their representatives and individuals with enforcement matters before the Conservation Commission may appear remotely and are not required to be physically present.  Applicants, their representatives and individuals with enforcement matters before the Conservation Commission may contact the Conservation Department to arrange an alternative means of real time participation if unable to use the Zoom virtual meeting software.  Documentary exhibits and/or visual presentations should be submitted in advance of the meeting to concom@falmouthma.gov  so they may be displayed for remote public access viewing.  

Complete applications are available by request and will be sent via email. 

REQUESTS FOR DETERMINATION OF APPLICABILITY

Mark Factor, 207 Coonamessett Circle, Falmouth, MA – For permission to vista prune according to FWR 10.18(10)(b).

James P. and Janice E. Healey, 295 Edgewater Drive West, East Falmouth, MA – For permission to upgrade to a new Title V sewage disposal system and to remove 6 trees. 

Town of Falmouth – Water Department (C/O Steven Rafferty), Thomas B Landers Rd Map 21-05-011-000, Falmouth, MA – For after-the-fact permission to remove fill from the West Thompson cranberry platform caused by a broken water main

REQUEST FOR A HEARING UNDER A NOTICE OF INTENT

Wendy Hill and Susan Condon, 268 Surf Drive, Falmouth, MA – For permission to install a tight tank wastewater holding tank and to abandon the existing cesspool.

Frank and Donna Skelly, 369 Edgewater Drive West, East Falmouth, MA – For permission to raze an existing single family dwelling and to construct a new single family dwelling, to add a new Title V septic system, and to reconfigure the driveway.

The 123 Penzance Road Nominee Trust, 123 Penzance Road, Woods Hole, Falmouth, MA – For permission to place approximately 300 cubic yards of sand to replenish, construct, and maintain a sacrificial dune that protects the coastal bank and existing cottage; and to request the placement of sand up to 200 cubic yards in perpetuity that will repair and maintain the sacrificial dune.

Mark Parker, 272 Acapesket Road, Falmouth, MA – For permission to demolish an existing single-family dwelling and to construct a new single-family dwelling with all associated clearing, grading, and landscaping.

REQUESTS TO AMEND THE EXISTING ORDER OF CONDITIONS

Robert Richards, 45 Little Neck Bars Road, Falmouth, MA – For permission to install an additional concrete slab area or to install a series of wood framed deck panels beneath the structure, and to install bayberry plants. 

Jay and Lea Decoteau, 507 Central Avenue, East Falmouth, MA – For permission to acquire after-the-fact approval of an existing brick patio, to construct a shed, and to add approximately 1,074 square feet of mitigation plantings.

Joan Spalaris, 78 Squibnocket Drive, Falmouth, MA – For permission to permit an after-the-fact stone retaining wall addition, modification to entry way, and modification to driveway; to install native shrubs on a coastal bank; to delete Finding #2; and to delete Special Condition #5. 

CONTINUED HEARING UNDER A NOTICE OF INTENT

Scott Tynell, 163 Bay Road, North Falmouth, MA- For permission to conduct shellfish aquaculture within Rand’s Canal and Megansett Harbor.

By Order of: Jamie Mathews, Chairman

Falmouth Conservation Commission  

July  10, 2020


TOWN OF FALMOUTH

PLANNING BOARD

 PUBLIC MEETING NOTICE

APPLICANT: Paul E. and Valerie B. Murray

Location:1 Wagon Trail Road

Map# 21 10 006 001

PROPOSAL:Site Plan Review application for an attached accessory apartment

DATE & TIME:Tuesday, July 28, 2020 at 6:30pm

PLACE:Virtual Zoom Meeting (see agenda for further instructions)

Plans may be viewed online at http://www.falmouthmass.us/933/Plans-Under-Review-By-The-Planning-Board

By Order of the Planning Board

Paul Dreyer

Clerk/Secretary

July 10,2020


COMMONWEALTH OF 

MASSACHUSETTS

THE TRIAL COURT

PROBATE AND FAMILY COURT

Docket No. BA20P0836EA

 Estate of: Virginia T Godino

Date of Death: 04/28/2020

Barnstable Division

3195 Main Street

PO Box 346

Barnstable, MA 02630

508-375-6710

CITATION ON PETITION FOR FORMAL ADJUDICATION

To all interested persons:

A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by:

Thomas D Godino, Sr. of Newton MA and Christopher J Godino, Sr.  of  North Falmouth

James T Godino, Jr. of  Port Saint Lucie FL

requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition. 

Thomas D Godino, Sr. of Newton MA and Christopher J Godino, Sr.  of  North Falmouth

James T Godino, Jr. of  Port Saint Lucie FL

be appointed as Personal Representative(s) of said estate to serve WITHOUT SURETY on the bond in an 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 07/22/2020.

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. Arthur C Ryley, First Justice of this Court.

Date: June 24, 2020

Anastasia Welsh Perrino

Register of Probate

July 10 ,2020


Department Of Environmental 

Protection

Waterways Regulation Program

Notice of License Application Pursuant to M.G.L. Chapter 91 Waterways Permit Transmittal 

No. X2863669

Town of Falmouth

NOTIFICATION DATE: July 10, 2020

Public notice is hereby given of the waterways application by Town of Falmouth to install a temporary aeration system adjacent to 310 East Falmouth Highway, in the municipality of Falmouth, in and over the water of Mill Pond.  The proposed project has been determined to be water-dependent.

The Department will consider all written comments on this Waterways application received within (15) days subsequent to the “Notification Date”. Failure of any aggrieved person or group of ten citizens or more, with at least five of the ten residents residing in the municipality(s) in which the license or permitted activity is located, to submit written comments to the Waterways Regulation Program by the Public Comments Deadline will result in the waiver of any right to an adjudicatory hearing in accordance with 310 CMR 9.13(4)(c).

Additional information regarding this application may be obtained by contacting the Waterways Regulation Program at (508) 946-2707. Project plans and documents for this application are on file with the Waterways Regulation Program for public viewing, by appointment, at the address below.

Written comments must be addressed to: Brendan Mullaney Environmental Analyst, DEP Waterways Regulation Program, 20 Riverside Drive, Lakeville, MA

02347 or brendan.mullaney@mass.gov

July 10, 2020

 


From The Bourne Enterprise

 


From The Mashpee Enterprise

 

MASHPEE ZONING BOARD OF APPEALS

PUBLIC HEARINGS NOTICE

JULY 22, 2020

*Virtual/Remote Meeting*

*Broadcast Live on Local Cable Channel 18*

*Streamed Live on the Town of Mashpee Website:

https://www.mashpeema.gov/channel-18

The Mashpee Zoning Board of Appeals will hold Public Hearings on 

Wednesday, July 22, 2020 at 6:00 p.m. in the Waquoit Meeting Room at the 

Mashpee Town Hall,

16 Great Neck Road North, on the following:

NEW HEARINGS

1 Chestnut Street:  Owner, David G. Peck requests a Variance under §174-33 of the Zoning Bylaws to allow for construction of timber access stairs within the setback to the wetlands on property located in an R-3 Zoning District, Map 77 Parcel 38, Mashpee, MA.

19 Pem Lane:  Owners, Richard J. Cook and Diane E. Cook request a Special Permit under §174-17.1 of the Zoning Bylaws to raze and replace a non-conforming single family use cottage structure on property located in an R-5 Zoning District, Map 89 Parcel 31, Mashpee, MA.

25 Naushon Road:  Owners, Philip A. George and Denise M. George, Trustees request a Written Finding under §174-17 of the Zoning Bylaws to allow for reconstruction and renovation above the foundation of a pre-existing, non-conforming structure on property located in an R-3 Zoning District, and Popponesset Overlay District, Map 123 Parcel 80, Mashpee, MA.

16 Popponesset Island Road:  Owners, 16 Popponesset Island Road Realty Trust request a Special Permit under §174-17.1 and §174-33 (Setbacks from wetlands) of the Zoning Bylaws to raze and replace a pre-existing, non-conforming single family dwelling and replace it with a new single family dwelling on property located in an R-3 Zoning District, Map 105 Parcel 265-0, Mashpee, MA. (Jonathan Bernstein, Trustee).

The Zoning Board of Appeals meetings are held remotely until further notice and are thus closed to the physical presence of the public. Abutters may call into the meeting via the following number: 508-539-1400, extension 8585 and wait for the Chairman to solicit comments or you can submit comments and questions via email to mromero@mashpeema.gov prior to the meeting date and time.

Per Order of:  Jonathan D. Furbush, Chairman

Mashpee Zoning Board of Appeals

July 3,10,2020


TOWN OF MASHPEE

BOARD OF SELECTMEN

PUBLIC HEARING NOTICE

The Mashpee Board of Selectmen will conduct a public hearing on a proposed change of the speed limit on Simon’s Narrows Road from thirty (30) miles per hour to twenty-five (25) miles per hour. Said hearing will be held on Monday, July 27, 2020 at 6:35 p.m. in the Waquoit Meeting Room at Mashpee Town Hall, 16 Great Neck Road North, Mashpee, MA 02649. Residents are invited to attend the hearing or email their questions/comments in advance to bos@mashpeema.gov. If the Mashpee Town Hall is still closed to the public due to the COVID-19 pandemic, interested parties may call (508) 539-1400 extension 8585 to participate in the public hearing.

Per Order of 

Mashpee Board of Selectmen

John J. Cotton, Chairman

Thomas F. O’Hara, Vice Chairman

Carol A. Sherman, Clerk

Andrew R. Gottlieb

David W. Weeden

July 10, 2020


From The Sandwich Enterprise

 

In accordance with M.G.L. Ch. 138, and Governor Baker’s Executive Order of March 12, 2020, due to the current State of Emergency in the Commonwealth due to the outbreak of the “COVID-19 Virus” and the Board of Selectmen’s Open Meeting Law Declaration providing explanatory language on the use of Virtual Meetings the Historic District Committee will hold a public hearing on Wednesday July 22, 2020 at 6:30 p.m. to consider the following applications.  This meeting will be convened remotely via a ZOOM video call and broadcast live SCTV at http://sandwichcommunitytv.org or on Comcast Channel 15.

Public comment will ONLY be accepted via email at publiccomment@sandwichmass.org (no other email address will be monitored for Public Comment at any time) Public Comments must be received via email prior to and/or during the specific application’s public session.  The Committee will announce when Public Comment is closed.  If the application is continued Public Comments will be accepted ONLY following the above protocol.

TOWN OF SANDWICH

HISTORIC DISTRICT COMMITTEE

Notice of Public Hearing

To be held 

Wednesday, July 22, 2020

At 6:30 PM 

Remotely via a ZOOM video call

Certificates of Appropriateness

COV 20-45 Mark Coleman

Additions at 179 Main Street, located at Map 73, Lot 86.

William Collins, Chairman

Sandwich Historic District Committee

July 10,2020


From All Four Enterprise Newspapers

The Falmouth Enterprise, The Mashpee Enterprise, The Bourne Enterprise, The Sandwich Enterprise

 

COMMONWEALTH OF MASSACHUSETTS

THE TRIAL COURT

PROBATE AND FAMILY COURT

Docket No. BA20P0791EA

 Estate of: Ruth Ann Hawk

Date of Death: 04/17/2004

Barnstable Division

3195 Main Street

P.O. BOX 346

Barnstable, MA 02360

508-375-6710

INFORMAL PROBATE PUBLICATION NOTICE

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

Petitioner 

William J. Hawk, Jr. of Leominister MA

a Will has been admitted to informal probate.

William J. Hawk, Jr. of Leominister 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.

July 3, 2020


COMMONWEALTH OF MASSACHUSETTS

THE TRIAL COURT

PROBATE AND FAMILY COURT

Docket No. BA20P0841EA

 Estate of: Patricia Ann Sergio

Date of Death: 01/13/2020

Barnstable Division

3195 Main Street

PO Box 346

Barnstable, MA 02630

508-375-6710

CITATION ON PETITION FOR FORMAL ADJUDICATION

To all interested persons:

A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by:

Marie C Jacinto of Foxboro 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:

Marie C Jacinto of Foxboro MA

be appointed as Personal Representative(s) of said estate to serve WITHOUT SURETY on the bond in an 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 07/15/2020.

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. Arthur C Ryley, First Justice of this Court.

Date: June 24, 2020

Anastasia Welsh Perrino

Register of Probate

July 3, 2020


NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE

Premises: 46 Heritage Circle, Teaticket (Falmouth), Massachusetts

By virtue and in execution of the Power of Sale contained in a certain mortgage given by Pauline MacEachern to Wells Fargo Bank, N.A. and now held by Nationstar Mortgage LLC d/b/a Champion Mortgage Company, said mortgage dated July 21, 2006, and recorded in the Barnstable County Registry of Deeds, in Book 21217 at Page 285, as affected by an Assignment of Mortgage dated October 3, 2017, and recorded with said Deeds in Book 30806 at Page 292, of which mortgage the undersigned is the present holder, for breach of the conditions in said mortgage and for the purpose of foreclosing the same will be sold at Public Auction on July 17, 2020, at 10:00 AM Local Time upon the premises, all and singular the premises described in said mortgage, to wit:

The land with the buildings thereon situated in East Falmouth, Barnstable County, Commonwealth of Massachusetts, known and being numbered: 46 Heritage Circle.

Being shown as Lot 52 Heritage Circle on plan entitled "Plan of Land in Teaticket Falmouth, Mass. for John E. Pearson et al Trs.," dated August 29, 1969 by Charles N. Savery, Inc., Registered Engineers- Survcyors, recorded with Barnstable County Registry of Deeds, Plan Book 233, Page 63.

Containing 10,006 square feet according to said plan.

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 Sheffield Homes, Inc. to Bruce G. MacEachern and Pauline MacEachern; dated 04/14/1971 and filed with the Barnstable County Registry of Deeds at Record Book 1506, Page 118; wherein a more detailed description of the premises is set forth.

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 April 14, 1971, and recorded in Book 1506 at Page 118 with the Barnstable 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.

TEN THOUSAND ($10,000.00) 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 by a certified check, bank treasurer's or cashier's check within forty five (45) days after the date of sale.

Other terms to be announced at the sale.

Marinosci Law Group, P.C.

275 West Natick Road, Suite 500

Warwick, RI 02886 

Attorney for Nationstar Mortgage LLC d/b/a Champion Mortgage Company   

Present Holder of the Mortgage

Telephone:  (401) 234-9200

MLG File No.:   19-07547 

June 26,2020

July 3,10,2020


DEPARTMENT OF ENVIRONMENTAL PROTECTION

WATERWAYS REGULATION PROGRAM

Notice of License Application Pursuant to M. G. L. Chapter 91

Waterways License Application Number W20-5789

T.H.O. of Massachusetts, Inc.

NOTIFICATION DATE: July 3, 2020 

Public notice is hereby given of the Waterways application by T.H.O. of Massachusetts, Inc. to install and maintain floats at 42 Fiddlers Cove Road, in the municipality of Falmouth, in and over the waters of Fiddlers Cove. The proposed project has been determined to be water-dependent. 

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

Additional information regarding this application, including plans and associated documents, may be obtained by contacting the Waterways Regulation Program at (508) 946-2707 or brendan.mullaney@mass.gov

Written comments must be addressed to: Brendan Mullaney, Environmental Analyst, DEP Waterways Regulation Program, 20 Riverside Drive, Lakeville, MA 02347 or  brendan.mullaney@mass.gov

July  3, 2020


COMMONWEALTH OF MASSACHUSETTS

THE TRIAL COURT

PROBATE AND FAMILY COURT

Docket No. BA20P0377EA

 Estate of: Marilyn A. Maguire

Date of Death: 12/13/2019

Barnstable Division

3195 Main Street

P.O. BOX 346

Barnstable, MA 02360

508-375-6710

INFORMAL PROBATE PUBLICATION NOTICE

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

Petitioner 

Daniel W Steiner of Westerly RI

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.

July 3, 2020

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