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Town board authorizes $35,500 contract to remove retaining wall at 13 Victor Mendon Road amid right‑of‑way debate
Summary
The Mendon Town Board approved a contract with J. Crew Landscaping to remove a failing retaining wall and regrade 13 Victor Mendon Road for up to $35,500, subject to town‑attorney review and an access agreement after members raised questions about right‑of‑way, liability and environmental review.
The Mendon Town Board on Wednesday authorized the town supervisor to execute an agreement with J. Crew Landscaping to remove a retaining wall and install soil at 13 Victor Mendon Road for a total not to exceed $35,500, to be paid from account B8021.4. The motion, made by the supervisor and seconded, passed by voice vote.
Supervisor (S1) told the board the town built the original wall in the state right‑of‑way and therefore owns it, and said removing and filling the area will eliminate ongoing town liability. “Weare removing the wall, filling it with dirt, packing it in,” the supervisor said, adding the approach would save roughly $30,000–$35,000 compared with rebuilding the wall.
Board members pressed for safeguards. One member asked whether the project should be reviewed by the Environmental Conservation Board because grading will extend beyond the right‑of‑way; another sought a clause making the contract contingent on an access agreement with the property owner. The supervisor and the code officer (S5) said the contract will be subject to review and approval by the town attorney and that an access agreement and contractor liability insurance would be required before work begins.
The board heard that three bids had been solicited: a prior contractor had quoted a higher price, a second contractor withdrew, and the recommended contractor was vetted and said to have positive references, including work for a neighboring town. S1 said the townattempted to obtain multiple estimates and felt confident in the selected contractor.
The board approved the motion with the understanding that the town attorney will review the final agreement and that any work on private property beyond the right‑of‑way requires an access agreement acceptable to the property owner. The contractor may not begin work until those conditions are met.
Next steps: the supervisor said the contract will be finalized with the town attorney and an access agreement before execution and that the contractor must provide proof of insurance and liability terms.
