Town of Dartmouth
Community Preservation Committee
Notice of Public Hearing

In accordance with the provisions of M.G.L. Ch. 44B section 5(b) 1, the Community Preservation Act, notice is hereby given that a public hearing will be held on proposed projects recommended for Town Meeting action by the Community Preservation Committee. The hearing will be held on Tuesday, March 7, 2023 at 6:30 p.m. in Room 315 of the Dartmouth Town Hall, 400 Slocum Road, Dartmouth, MA. All interested parties should be present at that time.

Howard Baker-Smith
Chairman

Dartmouth Week
February 16, 2023 and February 23, 2023
Also posted on masspublicnotices.org

TOWN OF DARTMOUTH
PLANNING BOARD

Notice is hereby given under M.G.L., Chapter 40A, Section 11 (Zoning) and Dartmouth Zoning By-Law, §375 Article 24 (Site Plan Review), of a PUBLIC HEARING to be held at 7:00 p.m. on Monday, March 13, 2023. Per the Governor’s emergency order allowing municipal boards to temporarily conduct their business through videoconferencing platforms this public hearing will be accessible for live interaction by the petitioners and the public using:

Join Zoom Meeting:
https://us02web.zoom.us/j/83117812987?pwd=Y2VJZzBtZTRNTVdkUXJsNHk3Y3FLdz09
Meeting ID: 831 1781 2987 Passcode: 514881

Phone: 1 646 876 9923 Find your local number: https://us02web.zoom.us/u/kcvdhFsud

The hearing concerns an application for a Special Permit for Joe’s Original restaurant on 61 State Road, Dartmouth, Massachusetts (Assessor’s Map 169 Lots 245 & 246) brought forth by Steve Silverstein. The proposed project is being reviewed under both Special Permit and Amendment to Site Plan Review applications. The request for a proposed permanent outdoor seating pergola, would seat 33 people. Per Article 24 of the Dartmouth Zoning By-Law, the restaurant would require 54 parking spots for standard seating, 12 parking spots for bar seats, and 12 more parking spots for employees, totaling 78 parking spots required for the existing restaurant with the new proposed outdoor seating. Per CMR 23.2, four handicapped parking spaces would be required for the 78 total number of parking spots required. Joe’s Original is proposing to have 72 parking spots and 4 handicapped spots, for 76 parking spaces total. Therefore, the applicant’s special permit is for a reduction in required parking spaces. Heureux Engineering, LLC, prepared the application.

Information regarding this project is on file in the Planning Board Office (Room 315), Town Hall, 400 Slocum Road, Dartmouth, MA and may be seen during regular business hours upon request of an appointment with the Planning Department or via the online application portal https://www.town.dartmouth.ma.us (PSP-23-1 and PASP-23-1).

Kevin Melo, Chairperson
Dartmouth Planning Board

Dartmouth Week
February 23, 2023 and March 2, 2023
Also posted on masspublicnotices.org

DARTMOUTH CONSERVATION COMMISSION
NOTICE OF PUBLIC MEETING

Notice is hereby given that the CONTINUED meeting will be held in accordance with the provisions of the Dartmouth Wetlands Protection Bylaw and M.G.L., Ch. 131, §40, the Wetlands Protection Act, on the Notice of Intent from Michael & Jeralyn Fernandes who wishes to construct a fixed pier, gangway & deck with a motorized boat lift within the Coastal Bank, Rocky Intertidal Shore, Land Containing Shellfish, Land Subject to Coastal Storm Flowage & Land Under The Ocean on land described as Map 105, Lot 86 or 47 East Avenue in Dartmouth. The meeting will begin at 7:00 p.m. on Tuesday, March 7, 2023 in Room 103 at the Dartmouth Town Hall, 400 Slocum Road in Dartmouth and all interested parties should be present at that time. Per the Governors Extended Emergency Order the meeting will be held remotely. Login information for the meeting appears on the agenda posted on the Dartmouth Conservation Commission page of the Town of Dartmouth website. All interested parties should log into the meeting and be present at that time.

Michael Kehoe, Chair

Dartmouth Week February 23, 2023
Also posted on masspublicnotices.org

LEGAL NOTICE
TOWN OF DARTMOUTH
INVITATION FOR BIDS

ATHLETIC COURT
RECONSTRUCTION PROJECT
TENNIS/PICKLEBALL/BASKETBALL COURTS

In accordance with M.G.L. Chapter 30B, Section 39, the Town of Dartmouth is seeking qualified contractors to install tennis/pickleball/basketball courts at 443 Old Fall River Road and 28 Slocum Road in Dartmouth. Complete bid packages may be obtained as of 3/2/23 on the Town website at www.town.dartmouth.ma.us or by e-mailing tlancaster@town.dartmouth.ma.us. Sealed bids must be received at the Select Board Office, 400 Slocum Road, Dartmouth, MA 02747 on or before 3/23/23 at 11:00 A.M., at which time and place the bids will be publicly opened.

The Town reserves the right and may cancel this lnvitation for Bids or reject in whole or in part any and all bids if the Town determines that cancellation or rejection serves the best interests of the Town.

Dartmouth Week February 23, 2023
Also posted on masspublicnotices.org

TOWN OF DARTMOUTH
PLANNING BOARD

Notice is hereby given under M.G.L., Chapter 40A, Section 5 (The Zoning Act) and the Dartmouth General By-Laws, of a PUBLIC HEARING to be held at 7:00 p.m. on Monday, March 13, 2023. Per the Governor’s emergency order allowing municipal boards to temporarily conduct their business through videoconferencing platforms this public hearing will be accessible for live interaction by the petitioners and the public using:

Join Zoom Meeting: https://us02web.zoom.us/j/83117812987?pwd=Y2VJZzBtZTRNTVdkUXJsNHk3Y3FLdz09
Meeting ID: 831 1781 2987 Passcode: 514881
Phone: 1 646 876 9923 Find your local number: https://us02web.zoom.us/u/kcvdhFsud

Article A
To see if the Town will vote to amend § 375-1 of the Zoning By-Law, dealing with Preamble. This warrant article would update § 375-1 of the Zoning By-Law, by changing the reference to the 2007 Dartmouth Master Plan to the 2023 Dartmouth Master Plan, as well as adding three statements to the Dartmouth Community Values: Our Vision for the Future to the end of the by-law.
Or take any action relative thereto.

Article B
To see if the Town will vote to amend § 375-2 of the Zoning By-Law, dealing with the Explanation and Purpose of the Zoning Bylaw. The warrant article would update § 375-2.2 of the Zoning Bylaw, by updating the reference to the number of class Districts, the update would also include a reorganization of the list of Districts. The warrant article updates the reference to the June 6, 2023 Zoning Map. Amend the title of § 375-2.3 to add “and Overlay”, then to add text that references to the six overlay districts and their boundaries. No changes are proposed to the districts or overlays within § 375-2 of the by-law.
Or take any action relative thereto.

Article C
To see if the Town will vote to amend § 375-5 of the Zoning By-Law, dealing with Definitions and Accessory Uses of the Zoning Bylaw. This warrant article would add a new section § 375-5.1 Use Table to the Zoning By-Law. The warrant article update will add Definitions to § 375-5.2 to the bylaw for clarification that is consistent with the Use Table. No changes are proposed to the districts or overlays within § 375-2 of the by-law.
Or take any action relative thereto.

Article D
To see if the Town will vote to amend § 375-14 of the Zoning By-Law, dealing with Neighborhood Business Districts of Zoning Bylaw. This warrant article would add a new section § 375-14.3 to the Zoning By-Law. The warrant article update add a Prohibited Uses section to the bylaw for Drive-thru uses within the Neighborhood Business Districts bylaw. The Development standards section of the bylaw would be renumbered section § 375-14.4.
Or take any action relative thereto.

The full text of this article may be seen on the Town Website https://www.town.dartmouth.ma.us/ or by appointment with the Planning Department (Room 315), Town Hall, 400 Slocum Road, Dartmouth, MA.

Kevin Melo, Chairperson
Dartmouth Planning Board

Dartmouth Week
February 23, 2023 and March 2, 2023
Also posted on masspublicnotices.org

TOWN OF DARTMOUTH
ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARING

Notice is hereby given of a public hearing to be held on Wednesday, March 8, 2023 at 6:00 P.M. on the petition of South Coast Investments who are seeking a Special Permit to raze an existing one story dwelling with attached garage damaged by fire down to foundation and construct a new two story single family dwelling with attached garage not being built entirely inside existing footprint. Also, to relocate front entrance from Prospect Street side to the Merrimac Street side which does not comply with Zoning setback and therefore extends the non-conformity. (Article 6 Section 375-6.2 B. (2) Non-Conforming Structures) The property is located at 111 Prospect Street and identified on Assessor’s Map 123 Lot 80. Information is on file in the office of the Board of Appeals and may be seen upon request. Notice also on www.masspublicnotices.org

Michael Medeiros, Esq., Chairman
For the Zoning Board of Appeals

Dartmouth Week
February 16, 2023 and February 23, 2023

NOTICE OF MORTGAGEE’S
SALE OF REAL ESTATE

Premises: 263 Cross Road, North Dartmouth (Dartmouth), Massachusetts

By virtue and in execution of the Power of Sale contained in a certain mortgage given by Geraldine M. Decosta, Donald W. Decosta, Michelle Lee Gagne a/k/a Michelle L. Gagne and Michael A. DeCosta to BNY Mortgage Company LLC, said mortgage dated May 11, 2006, and recorded in the Bristol County Southern Registry of Deeds, in Book 8138 at Page 340 and now held by Mortgage Assets Management, LLC by virtue of an assignment from Nationstar Mortgage LLC D/B/A Champion Mortgage Company to Mortgage Assets Management, LLC dated March 2, 2022 and recorded in the Bristol County (Southern District) Registry of Deeds, in Book 14363 at Page 190, previously assigned by Bank of America, N.A. to Nationstar Mortgage LLC by virtue of an assignment dated November 13, 2012 and recorded in the Bristol County (Southern District) Registry of Deeds, in Book 10582 at Page 64, previously assigned by Seattle Mortgage to Bank of America, N.A. by virtue of an assignment dated March 9, 2012 and recorded in the Bristol County (Southern District) Registry of Deeds, in Book 10331 at Page 101, previously assigned by Seattle Mortgage Company to Bank of America, N.A. by virtue of an assignment dated June 27, 2007 and recorded in the Bristol County (Southern District) Registry of Deeds, in Book 8707 at Page 271, previously assigned by BNY Mortgage Company LLC to Seattle Mortgage Company by virtue of an assignment dated May 11, 2006 and recorded in the Bristol County (Southern District) Registry of Deeds, in Book 8138 at Page 349, for breach of the conditions in said mortgage and for the purpose of foreclosing the same, will be sold at Public Auction on March 24, 2023 at 11:00 AM Local Time upon the premises, all and singular the premises described in said mortgage, to wit:

BEGINNING at a stake at a point in the northwesterly line of Cross Road, said point being the southeasterly corner of the premises herein conveyed;

thence SOUTH 530 41’ 30” WEST in said line of Cross Road, one hundred fifteen and 68/100 (115.68) feet to a stake;

thence SOUTH 480 02’ 40” WEST in said line of Cross Road, seventeen and 30/100 (17.30) feet to a stake;

thence NORTH 510 03’ 50” WEST by a wall and land now or formerly of Andrew H. King, one hundred ninety-two and 46/100 (192.46) feet to a point;

thence NORTH 530 02’ 40” WEST by last-named land, three hundred fifty-one and 33/100 (351.33) feet to a stake at land now or formerly of John G. Couto;

thence NORTH 630 01’ 50” EAST by a wire fence and last-named land, two hundred forty-nine and 81/100 (249.81) feet to a drill hole in a wall at land being shown as Parcel #2 on plan hereinafter mentioned;

thence SOUTH 400 39’ 50” EAST by last named land, four hundred eighty-one and 71/100 (481.71) feet to the said northwesterly line of Cross Road and the point of beginning.

CONTAINING 2,107 acres, more or less.

BEING shown as Parcel #1 on plan of land entitled “Plan of Land in Dartmouth, Mass. Surveyed for Abraham Al Curhan”, Scale 1” = 50’ dated July 30, 1966 and filed in the Bristol County (S.D.) Registry of Deeds.

SUBJECT to an easement to the New Bedford Gas & Edison Light Company by instrument dated February 9, 1961 and recorded in said Registry in Book 1333 Page 205.

For title see Deed recorded with said Deeds Book 5476, Page 151

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 April 10, 2002, and recorded in Book 5476 at Page 151 with the Bristol County (Southern District) 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 Mortgage Assets Management, LLC
Present Holder of the Mortgage
(860) 677-2868

NOTICE OF MORTGAGEE’S
SALE OF REAL ESTATE

Premises: 1318 Old Fall River Road, North Dartmouth (Dartmouth), Massachusetts

By virtue and in execution of the Power of Sale contained in a certain mortgage given by Brenda J. Kinney to Wells Fargo Bank, N.A., said mortgage dated October 8, 2010, and recorded in the Bristol County (Southern District) Registry of Deeds, in Book 9858 at Page 272 and now held by Mortgage Assets Management, LLC by virtue of an assignment from Wilmington Savings Fund Society, FSB, not individually, but solely as Trustee for Nationstar HECM Acquisition Trust 2020-1 to Mortgage Assets Management, LLC dated September 20, 2022 and recorded in the Bristol County (Southern District) Registry of Deeds, in Book 14520, Page 262, previously assigned by Nationstar Mortgage LLC dba Champion Mortgage Company, its successors and assigns to Wilmington Savings Fund Society, FSB, not individually, but solely as Trustee for Nationstar HECM Acquisition Trust 2020-1 by virtue of an assignment dated January 6, 2022 and recorded in the Bristol County (Southern District) Registry of Deeds, in Book 14186, Page 147; previously assigned by Wells Fargo Bank, N.A. to Nationstar Mortgage LLC dba Champion Mortgage Company dated September 6, 2017 and recorded in the Bristol County (Southern District) Registry of Deeds, in Book 12193, Page 287 for breach of the conditions in said mortgage and for the purpose of foreclosing the same, will be sold at Public Auction on March 15, 2023 at 12:00 PM Local Time upon the premises, all and singular the premises described in said mortgage, to wit:

A certain parcel of land, with any buildings thereon, in Dartmouth, Bristol County, Commonwealth of Massachusetts, bounded and described as follows:
BEING shown as Lot #33A on a plan entitled “Plan of Land in Dartmouth, Mass., owned by: Azevedo Construction Corporation, Scale: 1”=40’ dated September 7, 1973” drawn by Bradford Saivetz & Associates, Inc., Braintree, Mass. And filed in the Bristol County S.D. Registry of Deeds in Plan Book 91, Page 63, to which plan reference is made for a more particular description.
For title reference see deed recorded at Book 6693, Page 237.

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 November 24, 2003, and recorded in Book 6693 at Page 237 with the Bristol County (Southern District) 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 Mortgage Assets Management, LLC
Present Holder of the Mortgage
(860) 677-2868