NATICK RESIDENTIAL REALTY, LLC, Plaintiff v. NATICK PLANNING BOARD, the TOWN OF NATICK, and LAWRENCE LITWAK and KEVIN M. KELLEHER, as Co-Trustees of the HAMLET OPEN SPACE TRUST, Defendants

Plaintiff Natick Residential Realty, LLC ("NRR") commenced this action against defendant Natick Planning Board ("the Board") on March 23, 2017, appealing pursuant to G.L. c. 41, § 81BB, from the Board's refusal to endorse a plan entitled "Plan Of Land In Natick, Massachusetts Scale: 40 Feet To An Inch Date: January 4, 2017 Guerriere & Halnon, Inc. Engineering & Land Surveying 333 West Street, Milford, Mass. 01757" ("the ANR Plan") presented to it by NRR as "approval not required." According to the Board, the lots shown thereon, having access to a public way only by crossing land dedicated as open space, did not have lawful access. At an initial hearing on the parties' cross-motions for summary judgment, the court expressed its concern, among others, that all necessary parties to the proceeding might not have been joined. As a result, NRR filed an amended complaint in February 2020 that joined as parties the co-trustees of the Hamlet Open Space Trust ("the Trust") along with the Town of Natick ("the Town"). In the amended complaint, NRR also added a claim for declaratory relief seeking an adjudication of its ability to install driveways and underground utilities within the open space area at issue here. With those new parties and that new claim in place, the parties renewed their cross-motions for summary judgment relying upon their previously filed memoranda and supporting documents. A second hearing on those motions was held on August 4, 2020. In a memorandum of decision of even date, the court (Roberts, J.) granted summary judgment in favor of NRR.

In accordance with the court's memorandum of decision, it is hereby

ORDERED and ADJUDGED on Count I of the amended complaint that the decision of the Board filed with the Town Clerk on March 6, 2017 declining to endorse the ANR Plan is annulled and this matter is remanded to the Board with instructions to endorse the ANR Plan as "approval not required."

It is further

ORDERED, ADJUDGED and DECLARED on Count II of the amended complaint that the installation of driveways and underground utilities over the area of Lot 60 designated as "Town of Natick Easement" as shown on the ANR Plan and on sheets 2 and 3 of the plan entitled "Definitive Plan of Hamlet At South Natick. A Subdivision Of Land In Natick, Massachusetts. Date: November 17, 1988 Owner/Applicant: Ledgemere Land Corporation, 290 Eliot Street, Ashland, MA 01721. Revised February 7, 1989, February 21, 1989 and March 7, 1989" does not violate the provisions of an Easement Agreement dated July 21, 1992 between Ledgemere Land Corporation and the Town.

It is further

ORDERED and ADJUDGED that this Judgment is a full adjudication of the parties' claims in this case, and all prayers for relief by any party to this action that are not granted in the preceding paragraphs are denied.

It is further

ORDERED that a certified copy of this Judgment may be recorded in the Middlesex County Registry of Deeds and entered on the margin of all relevant documents upon payment of all fees therefor as required by law.

SO ORDERED.