Samuel D. Perry, Eugene H. Clapp, III, and William W. Park, as they are trustees of the 63 Beacon Street and 64 Beacon Street, Boston, Massachusetts Trust for the Benefit of Kings Chapel (the Kings Chapel Trustees), and 66 Beacon Street, LLC (the LLC) filed their Complaint on June 11, 2013, naming as defendants Virgil Aiello, DeLucas Market, Corp., Robert Aiello, and James S. Hughes and Stewart Grossman, as trustees of the Virgil J. Aiello 2011 Irrevocable Trust and as trustees of the Candace Jans Aiello 2011 QTIP Trust (the DeLucas Trustees). The defendants filed their Answer on July 9, 2013. A case management conference was held on July 12, 2013. The complaint asserts a single claim for declaratory judgment. The Kings Chapel Trustees own the property at 63 Beacon Street and 64 Beacon Street, Boston, Massachusetts by a deed dated February 2, 1954 and recorded in the Suffolk Registry of Deeds (registry) at Book 6936, Page 447, and a deed dated February 23, 1956 and recorded in the registry at Book 7137, Page 419 (the Kings Chapel Property). The LLC owns the property at 65-66 Beacon Street, Boston, Massachusetts, by a deed dated June 28, 2011 and recorded in the registry at Book 48088, Page 257 (the LLC Property). The DeLucas Trustees own the property at 7-17 Charles Street, Boston, Massachusetts, by a deed dated June 15, 2011 and recorded in the registry at Book 48053, Page 139 (the DeLucas Property). The Kings Chapel Property, the LLC Property, and the DeLucas Property bound on a 10-foot wide, 150.66 foot-long passageway that runs the entire length from Beacon to Branch Streets (Passageway). A plan showing the three properties and the Passageway is attached as Exhibit A. An agreement with respect to rights in the Passageway was recorded in the registry at Book 6366, Page 534 (the 1947 Agreement).
This case came on for trial by the court (Foster, J.), which, in a decision of even date, has made findings of fact and rulings of law.
In accordance with the courts decision issued today, it is
ORDERED, ADJUDGED and DECLARED that the Kings Chapel Trustees, the LLC, and the DeLucas Trustees each own the fee in that portion of the Passageway abutting the respective Kings Chapel Property, LLC Property, and DeLucas Property to the centerline of the Passageway. It is further
ORDERED, ADJUDGED and DECLARED that the Kings Chapel Trustees and the LLC each have an easement for the benefit of the Kings Chapel Property and the LLC Property, respectively, to use the portion of the Passageway that they do not own for its entire length for all purposes for which ways and streets are used in Boston. It is further
ORDERED, ADJUDGED and DECLARED that the DeLucas Trustees have an easement for the benefit of the DeLucas Property to use the portion of the Passageway that they do not own between the DeLucas Property and Branch Street for passage on foot and by hand trucks, and not for any other purpose, including but not limited to the placing of trash and rubbish, parking, or vehicular travel. It is further
ORDERED, ADJUDGED and DECLARED that the Kings Chapel Trustees, the LLC, and the DeLucas Trustees do not have a right to park on the portion of the Passageway that they do not own. It is further
ORDERED, ADJUDGED and DECLARED that the DeLucas Trustees are permanently ENJOINED from (a) parking on the portion of the Passageway that they do not own, (b) placing trash, debris or other materials on that portion, or (c) otherwise interfering with the easement rights of Kings Chapel Trustees or the LLC, except that (d) the DeLucas Trustees may drive a truck into the Passageway once a day for the sole purpose of loading onto it trash from DeLucas Market. It is further
ORDERED, ADJUDGED, and DECLARED that upon payment of all required fees, this Judgment or a certified copy of this Judgment may be recorded at the registry and marginally referenced on all relevant documents.
By the Court.
SAMUEL D. PERRY, EUGENE H. CLAPP, III, and WILLIAM W. PARK, as they are trustees of the 63 Beacon Street and 64 Beacon Street, Boston, Massachusetts, Trusts for the Benefit of King's Chapel, and 66 BEACON STREET, LLC. v. VIRGIL AIELLO, DeLUCA'S MARKET, CORP., ROBERT AIELLO, and JAMES S. HUGHES and STEWART GROSSMAN, as trustees of the Virgil J. Aiello 2011 Irrevocable Trust and as trustees of the Candace Jans Aiello 2011 QTIP Trust.