Owner of former Draper mill property sues railroad for allegedly impeding easements
Photo | Matt Wright
The former Draper mill site takes up a large chunk of of Hopedale's downtown. Here it is pictured before any of the original structure was demolished.
A Worcester-based developer who owns almost 80 acres of Hopedale's downtown, including the old Draper Mill property, is suing the Grafton & Upton Railroad Co. for allegedly blocking access between his properties, according to a filing with the Worcester Superior Court.
Hopedale’s downtown recently saw the demolition of the Draper Mill factory, which at one point was the largest manufacturer of power looms in the country and closed in 1980.
Now, a lawsuit from Draper property owner Philip Shwachman, officially filed by three of Shwachman's companies -- First American Realty, Inc., Hopedale Properties, LLC, and Hopedale Industrial Center, LLC -- accuses the Grafton & Upton Railroad Co. of intentionally impeding deeded easements connecting Shwachman’s properties. Defendants named include the railroad, Carver-based First Colony Development and Rail Holding Co. and Jon Delli Priscoli, to whom both companies are registered, according to public documents.
Shwachman filed the suit in July, and then again on August 4, claiming the railroad “knowingly and intentionally obstructed” access to two of his properties on Fitzgerald Drive by raising at-grade right of way and installing above-grade tracks. The lawsuit says the easement is the only direct connection between the properties.
The lawsuit was first reported on by MetroWest Daily News.
"The Hopedale Developer has nearly 2,000 feet of un-obstructed access to more than 4 town roads that a public roadways. In addition for nearly 3 decades or longer there has been no activity that has crossed the railroad tracks by the Hopedale Developer," said Michael Malinowski, president of Grafton & Upton Railroad Co.
The railroad company closed the crossings and raised the tracks in May, according to the filing.
"If the Hopedale Developer wanted to cross the railroad tracks all he has to do is pick up the phone and meet with me and we can negotiate a solution in a safe place that does not impact the safe operations of the railroad – to date I have not received any request from the Hopedale Developer," said Malinowski.
Both Shwachman and the railroad are claiming rights to the land. Grafton & Upton owns the deed to the land, but the deed was granted by Draper Company, which allegedly retained easement rights for the owner of the Draper property, according to the lawsuit.
"Since the filing of the lawsuit, the Railroad has served a motion to stay the case pending a proceeding they filed with the Surface Transportation Board. We intend to oppose the motion to stay and obtain an order from the Worcester Superior Court enforcing the deeded crossing rights," David Lurie, the lawyer representing Shwachman, said in an email.
Shwachman, who is CEO of Worcester-based First American Realty, owns roughly 77 acres of the former Draper Complex, which included 1.8 million square feet of buildings before the demolition. As part of the new efforts to redevelop the property, Shwachman and his Hopedale Properties have conducted a market study to decide the best use for the site, although finalized plans have not been announced.
"The proposed development, which will be community-focused and mixed-use, will reconnect Route 16, by way of a public Fitzgerald Drive to Bancroft Park and Hopedale Street, unifying an 80 acre site via the deeded crossing rights over the rail line," explained Lurie.
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