Pursuant to Article 4, Section 4.6, of the General By-Laws of the Town, I herewith submit my report concerning the professional services I rendered to the Town during the year 2002.
The following is an outline as of December 31, 2002, of each suit or claim tried, settled, disposed of or pending during the year.
I. Suits and Claims Tried, Settled or Otherwise Closed
Angelini Plastering Inc. vs. P.J. Gear & Son Inc. vs. Town of Belmont 3rd party defendant: Middlesex Superior Court 3rd party complaint by Gear seeking to recover approximately $1.2 million in construction claims associated with the Town Hall project. Suit settled in December 2002.
Astourian, Beverly v. Town: Claim for personal injury resulting from a fall on a sidewalk on Exeter Street. Case settled favorably to Town.
Aulet, William v. Town: Suit filed on May 18, 1999 in the Middlesex Superior Court for property damage allegedly caused by fire due to a power surge. Case referred to insurance carrier in November 2000. Case settled in January 2002.
Belmont Zoning Board of Appeals vs. Cellco Partnership d/b/a Verizon Wireless Case No.: 01-4160: Dispute over claim of constructive approval of special permits; Verizon claimed constructive approval. The Zoning Board of Appeals filed suit appealing the claim. Dispute arose over delay in proceeding with Verizon’s first application. Case settled in September 2002.
Bursk, Edward C. v. Belmont Zoning of Appeals: Suit filed on July 15, 1999 in the Land Court alleging violations of M.G.L. c. 40A. Case dismissed January 2003.
Carbone, Susan v. Town: Claim for property damage allegedly sustained due to sewer overflow. Case settled favorably to Town.
DePamphilis, John v. Town: Claim for smoke damage allegedly sustained due to fire at Kendall School. Case settled favorably to Town.
Doherty, Mary J. v. Town: Claim for personal injury allegedly due to defect in public way. Case settled favorably to Town.
Gesko, Vasiliki: Claim for vehicle damage allegedly due to defect in public way. Case settled favorably to Town.
McLean Hospital Corporation v. Town v. Suzanne Bass, et al: Suit filed by McLean to affirm Zoning By-Law Amendments. Summary Judgment entered in Town’s and McLean’s favor on May 26, 2000. Judgment of trial court affirmed by Appeals Court November of 2002. No further appeal was filed. Decision in Town’s favor issued November 2002.
Sabatino, Robert v. Town: Claim for property damage allegedly due to missing manhole cover on a public street. Case settled favorably to Town.
Santagati, Umberto & Kristin v. Town: Claim from abutter objecting to building permit passed. Twenty-day appeal period passed without suit.
Town of Belmont vs. Forster et al vs. Belmont Board of Appeals and Belmont High School Athletic Facilities Building Committee: Suit filed on August 16, 2001. Seeking to overturn Board of Appeals Grant of Permit for athletic field lights. Judgment entered in favor of Town on March 15, 2002.
II. Suits Pending
Allen, Kathleen, et als. v. Town: Plaintiffs filed an Open Meeting Law challenge against the Town. Summary Judgment entered on behalf of the Town on December 1, 2000. Plaintiffs filed a Notice of Appeal on January 4, 2001. Oral argument in the Appeals Court took place November 8, 2002. No decision has been issued yet.
American Retirement Corporation v. Belmont Planning Board: Suit filed December 2001 in Land Court seeking to appeal from conditions attached to site plan approval of McLean development. Case has been inactive pending decision of Board of Appeals on appeal of denial of building permit.
Eakin et al. v. Town of Belmont: Middlesex Superior Court claim of illegal municipal appropriation related to McLean MOA. Pre-Trial hearing pending in early 2003.
Evett, Joel and Boylen, Roberta d/b/a Evett and Boylen Studios v. Town: Claim for property damage allegedly sustained from a fire at the Kendall Center for the Arts. Two tenants of the Kendall Center for the Arts are suing the Town (among others) to recover damages for their losses resulting from the fire, claiming negligence on the part of the Town. Suit was filed April 8, 2002.
Town of Belmont vs. Toastmaster, Inc Scheiffelin, et al: Great American Insurance Company sued to recover damages from allegedly negligent alarm company and tenants pursuant to their rights as a subrogated insurer of the Town in the Kendall Center for the Arts. Suit was filed February 26, 2002. Nancy Scheiffelin, a tenant of Kendall Center for Arts is counterclaiming against the Town (among others) to recover damages for her losses resulting from the fire, claiming negligence on the part of the Town. Suit was filed May 14, 2002.
Gallagher v. Town: Suit previously filed against Town in U.S. District Court alleging violations of Americans with Disabilities Act. Consent decree was entered in October 2000 and the decree has since been amended three times, most recently in October 2001.
Town of Belmont vs. Massachusetts Architectural Access Board: Suit filed in August, 2001 in Superior Court appealing decision of Board denying waiver for Athletic field press box elevator. Pre-trial motions are pending.
III. Claims Pending Without Suit
Alch, Ann v. Town: Claim for personal injury resulting in her son’s fall allegedly due to the re-paving of Beech Street.
Allen, Richard v. Town: Claim for vehicle damage allegedly due to a fallen tree.
Aminipor, Habib v. Town: Claim for vehicle damage resulting from a collision with vehicle owned by F.B.I. allegedly due to negligence of police officer as he was directing traffic.
Awerman, Daniel v. Town: Claim for property damage allegedly due to fallen tree.
Ayvazian, Jeanette v. Town: Claim for personal injury allegedly due to defect in public way.
Blanchette, Michelle v. Town: Claim for vehicle damage allegedly due to defect in public way.
Busa, Gale v. Town: Claim for property damage alleged caused by the re-paving of Beech Street.
Carreiro, Mary v. Town: Claim for personal injury allegedly due to defect in public way.
Carroll, Mary v. Town: Claim for personal injury allegedly due to defect in public way.
Clark, Tom v. Town: Claim for property damage allegedly caused by the re-paving of Beech Street.
Christodoulo, George & Pamela v. Town: Claim for property damage allegedly caused due to defect in public way.
Condon, Esther v,. Town: Claim for personal injury allegedly due to defect in public way.
Griffin, Paul and Susan v. Town: Claim for vehicle damage allegedly due to fallen tree.
Finn, Kristina v. Town: Claim for personal injury allegedly caused by dog bite.
Finn, Katherine v. Town: Claim for personal injury allegedly caused from scratch by kitten.
Graham-Meho, Lynda v. Town: Claim for personal injury by contract employee of the Health Department allegedly caused by defective condition in Town Hall.
Gorelik, Leonid v. Town: Claim for vehicle damage allegedly due to debris left by Town workers when cleaning after a storm.
Hagopian, Roger K. v. Town: Claim for personal injury allegedly resulting from a car collision.
Howes, Dorothy v. Town: Claim for personal injury allegedly due to defect in public way.
Katragadda, Aninda v. Town: Claim for property damage allegedly caused by fallen tree.
Kelleher, John v. Town: Claim for property damage allegedly caused by fallen tree.
Langdon, Thomas N. v. Town: Claim for vehicle damage allegedly caused by defect in public way.
Lepera, Joseph v. Town: Claim for property damage allegedly caused by fallen tree.
Lucas, Rhonda J. v. Town: Claim for personal injury allegedly due to defect in public way.
MacLeod, Blaine E. v. Town: Claim for personal injuries due to injury at Chenery Middle School.
Mahnke, Shirley v. Town: Claim for property damage allegedly caused by fallen tree.
Markman, Esther H. v. Town: Claim for vehicle damage allegedly due to a fallen tree limb.
Masse, Jr., Robert v. Town: Claim for vehicle damage allegedly due to defect in public way.
Mazzola, Matthew v. Town: Claim for damages allegedly sustained as a result of the omission of Mr. Mazzola’s photograph in the 2000 Belmont High School Yearbook.
Madden, Kenneth v. Belmont Housing Authority: Claim for personal injury allegedly caused by fall at the entrance of Gordon Terrace. This property is under the jurisdiction of the Belmont Housing Authority.
Marucci, Joanne v. Town: Claim for personal injury allegedly due to defect in public way.
Mauger, Michael v. Town: Claim for vehicle damage allegedly due to fallen tree.
Meade, Carrie v. Town: Claim for property damage allegedly sustained as a result of sewage back up.
Mechaber, Jerry v. Town: Claim for vehicle damage allegedly due to a fallen tree branch.
Menendez, Isabel Lourdes: Claim for personal injury allegedly due to defect in public way.
Moore, Wendy v. Town: Claim for personal injuries allegedly sustained as a result of defective public way.
Mosca, Irene W. v. Town: Claim for personal injury at the Belmont Cemetery.
Naber, James P. v. Town: Claim for vehicle damage as a result of a collision allegedly due to stop sign obscured from view by large tree.
Paratore, Joseph v. Town: Claim for property damage allegedly caused from a fallen tree branch.
Peach, Phyllis v. Town: Claim for personal injuries allegedly due to defect in public way.
Peterson, Phyllis v. Town: Claim for personal injuries allegedly due to defect in public way.
Richards, Roberta v. Town: Claim for property damage due to an accident allegedly caused by gate swinging open at Kendall School.
Riva, Maina v. Town: Claim for personal injuries allegedly sustained at softball field.
Russo, Richard (Town employee) v. Garber, Jody: Claim for vehicle damage as a result of a collision.
Ryan, Marian v. Town: Claim for vehicle damage as a result of fallen tree limb in Claflin Street.
Saia, Lorraine v. Town: Claim for personal injury allegedly due to defect in public way.
Santoro, Anthony M. v. Town: Claim for vehicle damage allegedly due to defect in public way.
Safety Insurance, as Subrogee of Khoren Badgasarian v. Town: Claim for property damage reimbursement allegedly due to a collision with a Belmont Police vehicle.
Safety Insurance, as Subrogee of Otis Realty, Inc. v. Town: Claim for property damage and personal injury allegedly due to negligence of police officer as he was directing traffic.
Siegel, William v. Town: Claim for property damage allegedly due to a fallen tree.
Stamos, Tracy L. v. Town: Claim for property damage allegedly due to defect in public way.
Stine, Sue Ellen v. Town: Claim for vehicle damage allegedly due to fallen tree.
Sturgis, Ecaterini v. Town: Claim for personal injury allegedly due to defect in public way.
Sullivan, Edward and Elizabeth v. Town: Claim for personal injury to child at Winn Brook School allegedly caused by boys playing soccer.
Tam, James v. Town: Claim for property damage allegedly sustained by a tree branch that fell on vehicle.
Trimarchi, Gina v. Town: Claim for vehicle damage allegedly caused by defect in public way.
Verizon v. Town: Claim for underground property damage allegedly caused by Light Department.
Winn Brook Area Property Owners v. Town: Claim for property damage allegedly sustained by families at 6 Newcastle Road, 271 and 291 Channing Road as a result of sewage back up.
Yphantis, Alexander v. Town: Claim for property damage to fence on rental property on Thomas Street allegedly due to defect in public way.
Zevitas, Demos v. Town: Claim for vehicle damage allegedly caused by defect in public way.
During the year I conferred with and rendered oral and written opinions on various matters to the Board of Selectmen, Board of Survey, Town Administrator, School Board, Town Accountant, Bond Counsel, Labor Counsel, Cemetery Commission, Town Clerk, Board of Appeals, Board of Assessors, Conservation Commission, Historic District Commission, Permanent Building Advisory Committee, Warrant Committee, By-Law Review Committee, Town Engineer, Building Inspector, Fire Department, Board of Health, Highway Department, Librarian, Department of Building and Grounds, Town Moderator, Municipal Light Department, Planning Board, Recreation Commission, Police Department, Retirement Board, Town Treasurer, Zoning Enforcement Officer, Tree Warden, and the Water Commissioners.
I prepared and/or approved various bylaws, contracts, licenses, specifications, releases, rules, regulations, liens and waivers for the several Boards, Committees and Departments of the Town.
The Annual Town Election, the Annual Town Meeting, the Special Town Meeting of April 24, 2002 and the Special Town Meeting of May 20, 2002 involved the preparation of some 36 Warrant Articles with accompanying Motions and Notes.
In addition to appearances at sessions of the Massachusetts Superior Court, Land Court and various District Courts, I represented the Town before the Federal Court of Appeals, the Federal District Court, Federal Bankruptcy Court and the Appellate Tax Board.
Monthly statements itemized in detail were submitted to cover those services performed during the year. Computed on the basis of hourly charges for time actually spent on Town matters in 2002, they totaled $315.00 for services in connection with the School Department–N.E. Environmental; $1,305.00 for the Municipal Light Department; and $98,080.50 for all other services to the Town. In addition, the Town was billed $5,596.19 for disbursements incurred and paid on its behalf.
I wish to express my thanks to the Board of Selectmen and all the other Boards, Town Officers, Department Heads, Committees and Town employees for their cooperation and assistance during 2002.
Respectfully submitted,
Robert J. Morrissey, Town Counsel
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