HomeMy WebLinkAboutMiscellaneous - 136 MAIN STREET IVED
Callre e- Sm 14 .�
L JULV F
�+ 1
300 C 66ex Stme
P. mL S 'l4 978-686 6151a c 3
2omah
savner mid Jar 978-683-3399
e-M
pp iil �MCAFFREY@CAFFREYSMITH.COM
a6o admillecl in I�� ,4,iEe: CAFFREYSMITH.COM
July 8, 2008
By Overnight Mail
Clerk
Town of North Andover
Municipal Building
120 Main Street
North Andover, 01845
Re : Notice of Massachusetts Tort Claim Pursuant to
MGL c . 258 § 4 on behalf of Dr. Richard Lentini
Dear Town Clerk:
This office represents Dr. Richard Lentini whose residential
address is 56 Neck Road, Bradford, Massachusetts . Dr. Lentini owns
commercial property at 136-142 Main Street, North Andover,
Massachusetts .
The North Andover Department of Public Works ( "DPW") maintains
a parking and storage facility directly behind Dr. Lentini ' s
commercial property on Main Street . At this location, DPW stores
its snow removal vehicles, equipment and related materials,
including without limitation, dump-trucks, snow plows, and snow
removed from Main Street prior to removal to a snow dump. Pursuant
to an easement provided to North Andover by Dr. Lentini, DPW
accesses and egresses its facility by way of Dr. Lentini ' s
driveway.
DPW' s repeated driving of heavy snow-removal vehicles,
equipment and related materials over Dr. Lentini ' s driveway has
severely damaged it, causing compaction and general degradation of
the sidewalk, curb, and entrance ramp surrounding the driveway.
(See, enclosed pictures . ) On or about June 15, 2008, as a
proximate result of the damaged driveway, rain water was redirected
towards and into the commercial offices at 136-142 Main Street,
rather than into the proper storm drains . Consequently, the
damaged driveway caused flooding of over three (3) inches of
standing water inside Dr. Lentini ' s commercial offices .
Pursuant to Mass . G.L. c . 258, the Town of North Andover is
liable for this damage as a public employer of public employees,
including without limitation the DPW, whose negligent or wrongful
acts or omissions caused damage, including without limitation, the
physical damage to Dr. Lentini ' s driveway and the flooding inside
his commercial property.
Dr. Lentini demands that the Town of North Andover immediately
repair the damaged driveway so as to prevent any further flooding
of his commercial property. Failure to do so will result in
further flooding inside his offices, causing, among other things,
physical flood damage and a loss of business .
Please contact this office if you require any further
information concerning this claim. If a satisfactory response to
this demand had not been received within six (6) months, Dr.
Lentini may institute a civil action to recover his losses .
Kindly stamp the enclosed copy of this letter to confirm
receipt and return same to me in the provided return envelope.
Thank you for your attention to this matter.
Very truly yours,
'��7 /� (-I' A.
Matthew A. Caffrey Sr
Encls .
CC : Client (w/o encls . )
i
C)
ci2�smak PC
cnr,' i U I 14 1.111
P.O. 12oX 1317
300 6sex Street,—Pauirenc¢, /N/a 01812
Jho nab Smite 978-686-6151
SC.MVl
Odeid78-683 33
_
ax
9 99
,!Mail MCAFFREY@CAFFREYSMITH.COM
aCho culmille�in l'/ Wkite: CAFFREYSMITH.COM
July 9, 2008
By Overnight Mail
Clerk
Town of North Andover
Municipal Building
120 Main Street
North Andover, 01845
Re : Notice of Massachusetts Tort Claim Pursuant to
MGL c . 258 , § 4 on behalf of Dr. Richard Lentini
Dear Town Clerk:
My mailing to you yesterday concerning Dr. Lentini ' s MGL c .
258 , § 4 presentment inadvertently did not include the referenced
pictures . I enclose them herewith. I apologize for any confusion
this may have caused.
Kindly stamp the enclosed copy of this letter to confirm
receipt of the pictures and return same to me in the provided
return envelope . Thank you for your attention to this matter.
Very truly yours,
Matthew A. Caffrey
Encls .
S '
p,' Ilk } "
' i
till
1
i
t
p.
.r
$ �s
31
G,�" y., - r ^"7• � � ,���} � .air{ � � � ��y„�.
S
k a
w
t
G`
a,.
w
�d' s Iwo —
s t,
gps4
l f
jEI
z
ti