L - Wilmington Town Crier

COMMONWEALTH OF 

v MASSACHUSETTS 

LAND COURT 

DEPARTMENT 

OF THE TRIAL COURT 

(SEAL) Case No. 149941 

To Bradford L. Smart o f 

Tewksbury, MA, Charlotte E. Smart 

of Tewksbury, MA Associates 

Financial Services of America, 

Inc. of Salem, N.H. (formerly of 

Methuen, MA) and to all persons entitled 

to the benefit of the Soldiers' and Sailors' 

Civil Relief Act of 1940 as amended: 

BayState Federal Savings Bank, of 

Brookline, MA. claiming to be the holder 

of a mortgage covering real property in 

Tewksbury, MA #17 Davis Road, 

recorded in Middlesex Registry of Deeds 

- NORTH - Book 4391 Page 105 given 

by Bradford L. Smart and Charlotte E. 

Smart to Bay State Federal Savings 

Bank, dated January 21, 1988, has filed 

with said court a complaint for authority 

to foreclose said mortgage in the manner 

following: by entry and possession and 

exercise of power of sale. 

If'you are entitled to the benefits of the 

Soldiers' and Sailors' Civil Relief Act of 

1940 as amended and you object to such 

foreclosure you or your attorney should 

file a written appearance and answer in 

said court at Boston on or before the 8th 

day of October 1990, or you may be 

forever barred from claiming that such 

foreclosure is invalid under said act. 

Witness, MARILYN M. SULLIVAN, 

Chief Justice of said Court this 27th day 

of August 1990. 

Charles W. Trombly, Jr. 

S5 Recorder 

TOWN OF WILMINGTON 

BOARD OF APPEALS 

PUBLIC HEARING 

Case 87-90 

A Public Hearing will be held a! the 

Town Hall, 121 Glen Road on September 

25, 1990 at 7:00 p.m. on the application 

of ICI Resins, 730 Main Street, 

Wilmington, MA 01887, to acquire a 

Special Permit in accordance with Section 

6.6.6.3 (Ground Water Protection - 

Privately owned wastewatcr treatment 

plant) for property located at 730 Main 

Street. Map 39 Parcel 8, 8A. 

Bruce Mac Donald, Chairman 

S5.12 Board of Appeals 



Case 8890 

A Public Hearing will be held at the 



of Shell Oil Company, 486 Main 

Street, Wilmington, MA 01887, to 

acquire a Special Permit in accordance 

with Sec. 1.3.13 and 6.1.2.2 (Changes, 

extension and alterations to a non 

conforming structure) and Sec. 6.3.5.3 

(Freestanding Busir.css or Industrial 

Sign) for property located at 586 Main 

Street. Map 40 Parcel 5. 

Bruce MacDonald. Chairman 

S5,12 Board of Appeals 



Case 89-90 






variance from standard dimensional 

regulation (Table II) in accordance with 

Sec. 8.6 (Specific requirements of the 

zoning bylaw) and Sec. 6.4.1.1 (Parking 

& Site Design standards) for property 

located at 730 Main Street. Map 39 

Parcel 8, 8A. 

Bruce MacDonald, Chairman 

S£12 Board of Appeals 



Case 90-90 






Special Permit in accordance with Sec. 

3.6.6 (Classification of Industrial Uses - 

General Manufacturing) for property 

located at 730 Main St. Map 39 Parcel 

8, 8A. 





Case 91-90 




of Richard A. Bendcl, c/o D. 

Brown, 299 Main Street, 

Wilmington, MA. to acquire a variance 

from standard dimensional regulation 

(Table II) authorizing the existing 

structure to remain as situated wiihin the 

side yard setback for property located at 7 

C«ral Street. Map 67 Parcel 90. 



k BOARD OF APPEALS 


Case 92-90 


Tfwn Hall, 121 Glen Road on September 


of James A. Newhouse, c/o D. 


Wilmington MA 01887, to acquire a 

variance from standard dimensional 

njjgulation (Table II) authorizing the 

caittruction of a single family dwelling 

oj a pre-existing lot having insufficient 

f»nt, rear and side yard setbacks for 

pfcperty located on Medford Avenue. 

Mbp9 Parcel 57 Apt.of 59. 


85,12 Board of Appeals 



Case 93-90 

Public Hearing will be held at the 

|wn Hall, 121 Glen Road on September 

1990 at 7:00 p.m. gn the application 

:James A. Newhouse, c/o D. 

[own, 299 Main Street, 

ilmington, MA, to acquire a variance 

Ira standard dimensional regulation 

able II) authorizing the construction of 

Jingle family dwelling on a pre-existing 

(having insufficient front, rear and side 

frd setbacks for property located on 

kingham Street. Map 9 Parcel 59. 



• 

MORTGAGEE'S SALE 

OF REAL ESTATE 

Premises: 231 Marshall Street, 

Tewksbury, MA. 

By virtue and in execution of the Power 

of Sale contained in a certain mortgage 

given by Carol A. Martell to The 

Beverly Corporation, a Massa- 

chusetts corporation with its principal 

place of business at 92 Washington 

Street, Marblehead, Massachusetts, said 

mortgage dated March 17, 1989, and 

recorded with Middlesex North Registry 

of Deeds in Book 4836, Page 193, of 

which mortgage The Beverly Corporation 

is the present holder, for breach of the 

conditions in said mortgage contained and 

for the purpose of foreclosing the same 

will be sold at Public Auction at 11:00 

a.m. on September 26, 1990, upon the 

mortgaged premises at 231 Marshall 

Street, Tewksbury, Massachusetts, all 

and singular the premises described in 

said mortgage, to wit: 

The land in Tewksbury, Middlesex 

County, Massachusetts, described as 

follows: 

The land with the buildings thereon, 

situated on the Westerly side of Marshall 

Street, Tewksbury, Massachusetts, 

shown as Lot 2 on a plan of land entitled 

"Plan of Land in Tewksbury, 

Massachusetts, for John V. Sullivan. 

November 29, 1971, Robert P. Morris 

R.L.S." (which plan is a copy of'a plan 

drawn by Earlc W. Soper, Jr., dated 

April 20, 1963) which plan is recorded in 

Middlesex North District Registry of 

Deeds Book 113, Plan 95 bounded and 

described as follows: 

EASTERLY by Marshall Street, 118.71 

feet 

NORTHERLY by land of unnamed 

owner, as shown on said plan, 247 feet; 

NORTHWESTERLY by land of 

Marshall Corporation, as shown on said 

plan; 

WESTERLY by other land of Marshall 

Corporation 44.20 feet; and 

SOUTIIERI.Y by Lot 1 on said plan, 

365.87 feet. 

Containing according to said plan 

40,678 square feet. 

Being the same premises conveyed to 

Carol A. Martell by Andrew L. Hines and 

Bertha S. Margeson by deed dated March 

14, 1989, recorded in Middlesex North 

Registry of Deeds Book 4836, Page 192. 

Subject to and with the benefit of all 

rights, rights of way, easements, 

restrictions, improvements, covenants 

and reservations of record insofar as the 

same are now in force and applicable, 

TERMS OF SALE: Said premises will 

be sold and conveyed subject to unpaid 

taxes, outstanding tax titles, municipal or 

other public taxes, liens, assessments, or 

claims in the nature of liens, and existing 

encumbrances of record, if any. which 

take precedence over the said mortgage 

above described. 

Fifteen Thousand and NO/100 

(SI5,000.00) 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 and 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 and shall be deposited in escrow with 

Ronan, Segal & Harrington, 59 Federal 

Street, Salem, MA, pending approval of 

the sale by the Land Court. The deed 

shall be delivered wiihin ten (10) days 

from the date of approval of the sale by 

the Land Court. 

Other terms to be announced at the sale. 

THE BEVERLY CORTORATION 

By its Altorney-in-Fact: 

A22.29.S5 Ellen M. Wmklcr. F.sq. 

Ellen M. Winkler, Esq., Ronan, Segal 

& Harrington, 59 Federal St., Salem, 

MA 01970; (508) 744-0350; dated 

August 17, 1990. 



Case 94-90 



25, 1990, at 7:00 p.m. on the application 

of James A. Newhouse, c/o D. 


Wilmington, MA, to acquire a variance 


(Table II) authorizing the construction of 

a single family dwelling on a pre-existing 

lot having insufficient front, rear and side 

yard setbacks for property located on 

Buckingham Street. Map 9 Parcel 80. 





Case 95-90 




of James A. Newhouse, c/o D._ 

BTOWTTT-^99—UTaTn Street, 

Wilmington, MA, to acquire a variance 


(Table II) authorizing the construction of 

a single family dwelling on a pre-existing 

lot having insufficient front, rear and side 

yard setbacks for property located on 

Buckingham Street. Map 9 Parcel 81. 





OFFICIAL MAP 

Case S-35-90 



25, 1990 al 7:00 p.m. on the application 

of Ralph E.. Newhouse, c/o D. 


Wilmington, MA. to construct a road not 

shown or made part of the Official Map 

(General l.aw. Chapter 41, Section 84 E) 

on a way known as Roosevelt Road. 

Map 7 Parcel 83A-83E. 





OFFICIAL MAP 

Case S-36-90 




of Richard A. Bendcl, c/o D. 


Wilmington, MA. to construct a road not 

shown or made part of the Official Map 

(General Law, Chapter 41, Section 8 Hi) 

on a way known as Coral Street. Map 

67 Parcel 90. 



MORTGAGEE'S SALE 

OF REAL ESTATE 

By virtue and in execution ol the 

POWER OF SALE contained in a certain 

mortgage given by Lillian P. Proulx 

to Hibernia Savings Bank, dated 

February 23, 1989 and recorded with the 

Middlesex (Northern District) Registry of 

Deeds, Book 4818, Page 182 of which 

mortgage the undersigned is the present 

holder, for breach of the conditions of 

said mortgage and for the purpose of 

foreclosure the same will be sold at a 

Public Auction at 11:00 on the 14th day 

of September 1990 at the location of the 

premises at 27 Richmond Street, 

Wilmington, Middlesex County, 

Massachusetts, all and singular the 

premises described in said mortgage, to 

wit: 

A certain parcel of land with the 

buildings thereon, situated on the 

Northwesterly side of Richmond Street in 

Wilmington, Middlesex , County, 

Massachusetts, being shown as lots 118, 

119, 120, 121, 134 and 135 on a plan 

entitled, "Plan of Silver Lake, Addition, 

Silver Lake, Wilmington. Mass., 

Property of Suburban Land Co.," dated 

September 1920, recorded with 

Middlesex North District Deeds in Plan 

Book 42, Plan 73, being together 

bounded and described as follows: 

SOUTIH-ASTI-RLY by said Richmond 

Street, 100 feet; 

NORTHEASTERLY by Taplin 

Avenue, 150 feet; 

NORTHWESTERLY'by lot 136, as 

shown on said plan, 100 feel; and 

SOUTHWESTERLY by lots 117, 122 

and 123, as shown on said plan, 150 

feet, 

Together containing 15,000 square feet 

of land by estimation. 

There is exccpled from this those 

portions of lots 118, 119, 120 and 121 

taken by the Commonwealth of 

Massachusetts Department of Public 

Works for the purpose of reconstructing 

and maintaining portions of Route 38, 

Route 129 and town way as set forth in 

an Order of Taking dated October 4, 1972 

and recorded with said Deeds, Book 

2035, Page 517 and as shown on Plan 

recorded with said Deeds in Book 

M-706. 

The.area of the parcel remaining in the 

ownership of the grantor is estimated to 

be 10,000 square feel. 

For Mortgagor's title see deed of 

Hector E. Proulx, dated August 31, 1983 

and recorded with said Deeds at Book 

2648, Page 122. 

The premises are conveyed subject to 

and with the benefit of all casements, 

restrictions, building and zoning laws, 

unpaid taxts, tax titles, water bills, 

municipal liens, assessments, rights of 

tenants and parties in possession, and 

existing encumbrances and all other 

claims having priority over the mortgage, 

if any there be. The premises arc also 

sold subject to the right of redemption of 

the United Slates of America, if any there 

be. 

TERMS OF SALE 

Ten Thousand (SI0,000.) Dollars in 

cash or certified funds shall be paid by 

the successful bidder at the lime and place 

of the auction sale as a deposit on the full 

purchase price and a memorandum of sale 

shall be executed thereupon by said 

successful bidder. The Auction shall not 

be closed until the successful bidder has 

made the deposit and executed the 

memorandum of sale. 

The deposit of the successful bidder 

shall be fully accounted for at the lime the 

balance of the purchase price is paid. The 

balance of the purchase price due under 

any memorandum of sale shall be paid 

within twenty-one (21) days after the date 

of the Public Auction at 10:00 o'clock 

a.m. at The Hibernia Savings Bank, 731 

Hancock Street, Quincy, Massachusetts, 

unless otherwise agreed in writing 

Upon said approval, the Mortgagee's 

Deed, under the STATUTORY POWER 

OF SALE., subject as aforesaid, shall be 

delivered within ten (10) days. 

In the event the successful bidder fails 

to fulfill the agreements he*?!n or in ihc 

relevant memorandum of sale contained, 

or fails to pay the purchase price at the 

appointed time and place, the deposit 

shall be forfeited and become the property 

of Hibernia Savings Bank without 

recourse to the bidder. 

Other terms to be announced al the sale. 

HIBERNIA SAVINGS BANK 

Present Holder of Said Mortgage 

by its authorized attorney: 

A22.29.S5 Elizabeth B.Omstein 

DATED: August 17, 1990. 

ATTORNEY FOR MORTGAGEE; 

Elizabeth B. Omstein; BBO #547138. 

Roche, Carens & DcGiaComo; One Post 

Office Square; Boston, MA 02109; (617) 

451-9300. 

TOWN OF TEWKSBURY 

PLANNING BOARD 

LEGAL NOTICE 


The Planning Board of the Town of 

Tewksbury will hold a Public Hearing on 

Monday September 24, 1990 at 7:10 PM 

at the Tewksbury DPW Building, 

Planning Board Office, 999 Whipple 

Road, Tewksbury, MA 01876, on a 

petition by Dcbra Cabral, for approval 

of a Special Permit under section 4, 

footnote 9, paragraph 1, of the zoning 

bylaw. 

The requested Special "crmit will allow 

the applicant to conduct a Day Care 

Service Center at 885 Main Street, in 

accordance with 4.6.C., paragraph 7, of 

the Tewksbury Zoning Bylaws, as 

amended by Article 43 of the Annual 

Town Meeting. 

Said proposal will be located in unit 6 

of an existing building as shown on a 

plan entitled "The Village Landing", 

prepared by Robert P. Morris, 21 Carter 

Street. Tewksbury, MA dated September, 

1985. The total site is comprised of 

118,210 square feet on assessor's map 

48, lot 39 and contains 161 parking 

spaces. 

Copies of this petition and 

accompanying plans may be viewed 

Monday through Friday from 8:30 a.m. 

to 4:30 p.m. at the office of the 

Tewksbury Planning Board, 999 

Whipple Road, Tewksbury, MA 01876. 

Robert P. Sullivan 

S5.12 Chairman 

■sftMMas*! 

' 



LEGAL NOTICE 




Monday September 24, 1990 at 7:15 PM, 

at the Tewksbury DPW Building, 


Road, Tewksbury MA 01876, on a 

petition by Eugene Roux, for approval 

of a Site Plan Special Permit per section 

4.11 of the Tewksbury Zoning Bylaws. 

The requested Site Plan Special Permit 

would allow the applicant to construct a 

2100 square foot garage on the westerly 

side of Helvetia Street. The total site is 

comprised of 16,786 square feet. Said 

land is shown on Tewksbury Assessors' 

Map 47 lot 149. Said proposal is shown 

on a site plan entitled "Site Plan of land in 

Tewksbury, Mass., prepared for Kugcne 

Roux" prepared by William G. Troy and 

Associates, 12 Euclid Road, Tewksbury, 

Mass. Said Plan is dated January 18, 

1990 



Monday through Friday from 8:30 a.m. 

to- 4:30 p.m. at the office of the 

Tewksbury Planning Board, 999 

Whipple Road, Tewksbury MA 01876. 





LEGAL NOTICE 


Pursuant to MGL, Chapter 41, Section 

81-A through 81-66, the Tewksbury 

Planning Board will hold a Public 

Hearing at 7:30 PM on Monday, 

September 24, 1990 at the Planning 

Board office, DPW Building. 999 

Whipple Road, Tewksbury MA 01876, 

to consider the following: 

The application of Marc P. 

Ginsburg & Sons, Inc., 20 First 

Street, Tewksbury, MA 01876, for 

approval of a Definitive Subdivision Plan 

enti'led "Watcrbury Park." Said plan is 

dated August 22, 1990 prepared by 

Bradford Engineering Company P.O. 

Box 1244, Havcrhill MA 01831. Said 

plan has been submitted to the 

Tewksbury Planning Board and is on file 

therewith. 

The Land shown on the Definitive 

Subdivision plan is bounded by Rogers 

Street and consists of the following 

described lot or portions thereof as 

shown on the Tewksbury Tax Assessor's 

Map 34 Lot 2. The record owners of the 

subject premises arc Walter J. and Mary 

A. Pupkis. 

Said application and plan may be 

viewed in the Tewksbury Planning Board 

office DPW Building, 999 Whipple 

Road, Tewksbury MA 01876 8:30 AM to 

4:30 PM, Monday through Friday. 

Robert P. Sullivan, 


P 

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TOWN CRIER, SEPTEMBER 5, 1990. 



LEGAL NOTICE 




Monday, September 24, 1990 at 7:45 

PM, at the Tewksbury DPW Building, 


Road, Tewksbury MA, 01876. on a 

petition by Melrose Associates, for 

approval of a Site Plan Special Permit per 

section 4.11 of the Tewksbury Zoning 

Bylaws. 

The requested Site Plan Special Permit 

would allow* the applicant to construct a 

26,660 square foot retail building. The 

total site is comprised of 100,100 square 

feet. Said land is shown on Tewksbury 

Assessor's Maps 34 and 48, Lots'41, 16 

and 17. Said proposal is shown on a plan 

entitled "Preliminary Site Plan, 

Commercial Development in Tewksbury 

Mass." Prepared by Mcrrimack 

Engineering Services, Inc., 666 Park 

Street, Andovcr, Mass 01810. Said plan 

is dated August 1990. 



Monday through Friday from 8:30 AM to 

4:30 PM at the office of the Tewksbury 

Planning Board, 999 Whipple Road, 

Tewksbury MA 01876. 



Cwil/i'cSwM 

2122 Main St. 

Tewksbury, MA 

658-9333 

« : — : •■■■■:■.. : •- : - 

■ 

\ 

......17 

COMMONWEALTH OF 

MASSACHUSETTS 

SHERIFF'S SALE 

Middlesex ss. 

Taken on execution and will be sold by 

Public Auction on the 28th day of 

September at 10:00 o'clock A.M. at the 

Sheriffs Office, 226 Central Street, 

Lowell, County of Middlesex, all the 

right', title and interest that said Dean 

Marshall and Donna Marshall of 172 

Wildwood Street, Wilmington in the 

County of Middlesex, had, (not exempt 

by law from Levy on Execution or from 

Attachment) on the 16th day of July 1990 

being the time when same was seized on 

execution, in and to the following real 

estate, to wit: 

A certain parcel of land with the 

buildings thereon located on the easterly 

side of Wildwood Street, Wilmington, 

Middlesex County, MA, shown as Lot 2 

on a plan entitled "Plan of Land in 

Wilmington, MA, prepared for Lucy 

Ramsdell" Robert E. Anderson, Inc., 

Reg. Professional Engineer and Land 

Surveyor, dated August 12, 1985, which 

plan is recorded in MNDRD Plan Book 

151, Plan 123, bounded and described as 

follows: 

WESTERLY by the sideline of 

Wildwood Street, one hundred thirty and 

46/100(130.46) feet; 

NORTHWESTERLY by land n/f of 

Flynn along the centcrline of a ditch in 

three lines, a total distance of two 

hundred three and 75/100 (203.75) feet; 

EASTERLY by land of the Town of 

Wilmington, one hundred thirty-four and 

94/100(134.94) feet; 

NORTHERLY by land of the Town of 

Wilmington, one hundred fifty-six and 

32/100 (156.32) feet; 


Wilmington, eighty and no/100 (80.00) 

feet; 

SOUTHERLY by land of the Town ol 

Wilmington, sixty-four and 50/100 

(64.50) feet; 


Wilmington, twenty-five and 74/100 

(25.74) feet; 

SOUTHERLY by Lot 1 as shown on 

said plan, two hundred sixty-seven and 

17/100 (267.17) feet. 

Containing 44,592 square feet of land 

according to said plan. 

Terms of Sale: CAS11 

Robert S. Masse, 

S5.12.19 Deputy Sheriff 

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