Official reports of the town of Wayland 1939-1941, Part 1

Author: Wayland (Mass.)
Publication date: 1939
Publisher: Printed at the Middlesex Freeman Office
Number of Pages: 614


USA > Massachusetts > Middlesex County > Wayland > Official reports of the town of Wayland 1939-1941 > Part 1


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org.


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27



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WAYLAND PUBLIC LIBRARY


3 4869 00062 5242


. WAYLAND


AND . FREE . PUBLIC . LIB FOUNDED 1848


RATED


WAYLAND.


1635.


FOUNDED


CAST SUDBURY


17


#18358


For Reference


Not to be taken from this room


OFFICIAL REPORTS


OF THE


TOWN OF WAYLAND


FOR ITS


ONE HUNDRED AND SIXTIETH


MUNICIPAL YEAR


ATED


AND


1635.


FOUNDED


N


no


EAST SUDBURY 178


¥183


FOR THE YEAR ENDING DECEMBER 31, 1939


Printed for the Town of Wayland by THE SUBURBAN PRESS Natick, Massachusetts 1940


520. 503


1


OFFICIAL REPORTS


OF THE .


TOWN OF WAYLAND


FOR ITS


ONE HUNDRED AND SIXTIETH MUNICIPAL YEAR


AT


ED


ND


1635


EAST SUDBURY


FOUNDED


8 ZI


183


FOR THE YEAR ENDING DECEMBER 31, 1939


Printed for the Town of Wayland by THE SUBURBAN PRESS Natick, Massachusetts 1940


OFFICERS OF THE TOWN OF WAYLAND


Term Expires


MODERATOR


Howard S. Russell 1940


TOWN CLERK


M. Alice Neale


1940


SELECTMEN


Herman F. Allen 1940


Chester H. Hobbs


1940


J. Fred Wheeler


1940


TREASURER


Frank G. MacKenna 1940


TAX COLLECTOR


Theodore H. Harrington


1940


TOWN ACCOUNTANT


Mabel T. S. Small 1941


BOARD OF PUBLIC WELFARE


J. Sidney Stone 1940


Carlisle D. Scotland


1941


John W. Seavey


1942


SCHOOL COMMITTEE


Dorothy C. Stone 1940


Dorothy Small Damon 1941


Cornelius J. Maguire 1942


3


Term Expires


ASSESSORS


Daniel Brackett


1940


Clarence S.Williams


1941


Willard C. Hunting


1942


WATER COMMISSIONERS


George G. Bogren


1940


Walter S. Bigwood


1941


Alfred C. Damon


1942


TRUSTEES OF THE PUBLIC LIBRARY


James R. Martin


1940


Elizabeth C. Raymond 1940


Arthur C. K. Hallock 1941


1941


George G. Bogren


1942


Amos I. Hadley


1942


CEMETERY COMMISSIONERS


Arthur W. Bradshaw


1940


Gertrude I. M. Parmenter


1941


Warren D. Valentine


1942


TREE WARDEN


Charles L. Fullick 1940


HIGHWAY SURVEYOR


James Ferguson


1940


BOARD OF HEALTH


Waldo L. Lawrence


1940


Ernest H. Damon


1941


John J. Linnehan


1942


PARK COMMISSIONERS


Roger Ela


1940


Elmer W. Bigwood


1941


Frank S. Tarr


1942


4


J. Sidney Stone


Term Expires


PLANNING BOARD


Otto H. Kohler


1940


Howard S. Russell


1940


Arthur D. Dooley


1941


Chester H. Hobbs


1941


James B. Ames Gilbert Small


1942


CONSTABLES


George A. Celorier


1940


Wilfred L. Celorier


1940


Harry W. Craig


1940


Ernest H. Damon


1940


Charles F. Dusseault


1940


John E. Linnehan (Deceased)


1940


Frank C. Moore 1940


COMMISSIONERS OF TRUST FUNDS


J. Sidney Stone 1940


John W. Leavitt


1941


J. Reed Morss 1942


TRUSTEES OF THE ALLEN FUND


John Connelly 1940


Llewellyn Mills


1940


Ernest E. Sparks, M. D.


1940


FENCE VIEWERS


Selectmen


1940


FIELD DRIVERS


Constables


1940


SURVEYORS OF LUMBER


Howard Haynes 1940


Melville Loker 1940


Arthur F. Marston


1940


5


1942


Term Expires


MEASURERS OF WOOD AND BARK


Arthur W. Atwood Joseph Decatur Arthur F. Marston


1940


1940


1940


MEMORIAL DAY COMMITTEE


CIVIL WAR VETERAN


George B. Howe 1940


SPANISH WAR VETERANS


Frank C. Moore


1940


William Hardy, Sr. 1940


WORLD WAR VETERANS


Earl G. Barry


1940


James J. Bennett


1940


Frank A. Burke


1940


William G. Curley


1940


Ernest H. Damon


1940


August Dath


1940


Arthur H. Dudley


1940


Parker H. Groton


1940


John W. Leavitt


1940


Cornelius J. Maguire


1940


Joe Perodeau


1940


Percy Steele


1940


DOG OFFICER


Harry W. Craig 1940


INSPECTOR OF ANIMALS


Warren F. Lawrence


1940


DISTRICT NURSE


Mary E. McNeil 1940


SUPERINTENDENT OF GYPSY AND BROWN-TAIL MOTHS Daniel J. Graham 1940


6


Term Expires


SEALER OF WEIGHTS AND MEASURES Albert B. Marchand 1940


FOREST FIRE WARDEN


Theodore H. Harrington


1940


PUBLIC WEIGHERS


Arthur W. Atwood 1940


Henry Vear 1940


FINANCE COMMITTEE


Ronald S. Campbell


1940


Robert M. Morgan 1941


William J. Scotland 1941


Thomas F. McManus


1942


George C. Lewis


1942


INSPECTOR OF SLAUGHTERING


Warren F. Lawrence 1940


REGISTRARS OF VOTERS


M. Alice Neale, Rep.


1940


Joseph Zimmerman, Dem.


1940


Edward F. Lee, Rep.


1941


Joe Perodeau, Dem.


1942


ENGINEERS OF FIRE DEPARTMENT


Theodore H. Harrington, Chief


1940


Ernest H. Damon, Engineer


1940


Albert Keach, Engineer


1940


BURIAL AGENT


J. Fred Wheeler


1940


STATE AID


J. Fred Wheeler 1940


7


Term Expires


SOLDIER'S RELIEF AGENT


Francis A. Burke 1940


WPA CO-ORDINATOR


Ernest H. Damon 1940


ZONING BOARD OF APPEALS


Roger Ela


1940


George G. Bogren


1941


Robert M. Morgan


1942


INSPECTOR UNDER THE ZONING LAW


Chester H. Hobbs 1940


TOWN COUNSEL


J. Sidney Stone 1940


ELECTION OFFICERS


PRECINCT 1


George F. Dickey, Warden


1940


Myrta L. Wight, Clerk


1940


Charles R. Harrington, Inspector 1940


Anna R. Costello, Inspector


1940


James J. Bolton, Deputy Warden


1940


Mary E. Tulis, Deputy Clerk


1940


Thomas E. Maynard, Deputy Inspector


1940


Gregory Cooper, Deputy Inspector


1940


PRECINCT 2


Albert Marchand, Warden


1940


Mary Derrick, Clerk


1940


Alvin B. Neale, Inspector


1940


Charles L. Smith, Inspector


1940


Arthur C. Wallace, Deputy Clerk


1940


Parker H. Groton, Deputy Warden


1940


Fred A. Bemis, Deputy Inspector


1940


Arthur C. Peck, Deputy Inspector


1940


8


Term Expires


TELLERS


PRECINCT 1


Edith Davis


1940


John Dolan James Linnehan Mabel T. S. Small


1940


1940


1940


PRECINCT 2


William Gallagher


1940


Carrie F. Harrington


1940


George Richardson


1940


9


WARRANT FOR ANNUAL TOWN MEETING


COMMONWEALTH OF MASSACHUSETTS


MIDDLESEX, SS.


To any of the Constables of the Town of Wayland, in said" County :


GREETINGS :


In the name of the Commonwealth you are required to notify and warn the inhabitants of said Town qualified to vote in town election to meet at their respective polling places on


MONDAY, MARCH 4, 1940


at six o'clock in the forenoon, there and then to bring in their ballots for a Moderator, Town Clerk, three Selectmen, a Treas- urer, a Collector of Taxes, a Surveyor of Highways, a Tree Warden, seven Constables, all for one year.


One Assessor, one member of the School Committee, one member of the Board of Public Welfare, one member of the Board of Health, one Cemetery Commissioner, one Water Com- missioner, one member of the Park Board, two members of the Planning Board, two Trustees of Public Library, one Commis- sioner of Trust Funds, all for three years.


All the foregoing to be voted on the official ballot. The polls will be open at 6:15 o'clock in the forenoon and will re- main open continuously until 4:00 in the afternoon, when they shall be closed.


And you are required to notify and warn the inhabitants of said Town qualified to vote in Town affairs to meet at the Town Hall on


WEDNESDAY, MARCH 6, 1940


at 7 :45 P. M., then and there to act on the following articles.


Article 1. To hear reports of the Town officers, agents and committees, and act thereon.


10


Article 2. To choose all necessary Town officers, agents and committees not elected by the official ballot.


Article 3. To grant money for necessary Town purposes. See Finance Committee's Report.


Article 4. To see if the Town will authorize the Treas- urer, with the approval of the Selectmen, to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1940 and to issue a note or notes therefor, payable within one year, and to renew any note or notes as may be given for a period of less than a year in accord- ance with Section 17, Chapter 44, General Laws.


The Finance Committee recommends the approval of this article.


Article 5. To see if the Town will vote to authorize the Treasurer, with the approval of the Selectmen, to borrow money for municipal purposes, under authority of and in accordance with the provisions of Chapter 49. of the Acts of 1933, as amended by Section 2, Chapter 300, of the Acts of 1935, and as amended by Chapter 281, Acts of 1936, or take any action thereto.


The Finance Committee recommends the approval of this article.


Article 6. To see if the Town will vote to appropriate and assess the sum of $2,752.46 to pay the County of Middlesex as required by law on account of assessments levied on the Town :


(1) $1,000.00 for its share of the principal of the Middlesex County Tuberculosis Hospital Funding Loan, Act of 1932 bonds maturing in 1940, issued in compliance with Chapter 10, Acts of 1932, also for any other indebtedness incurred and outstanding under said Chapter 10.


(2) $106.25 for the Town's share of the cost and interest on said bonds due in 1940.


(3) $1,646.21 for the care, maintenance and repair of said Hospital for 1939 and including interest on Temporary Notes issued therefor in accordance with sections of Chapter 111 of the General Laws applicable therefor, and for all other expenses in con- nection therewith, including Chapter 400, Section 25 G (6) (a) of the Acts of 1936, or do or act.


11


These items are in the nature of an assessment by the County. The appropriation is thus compulsory.


The Finance Committee, therefor, recommends the approval of this article.


Article 7. To see if the Town will appropriate $555.00 for general improvement in any of the cemeteries, same to be taken from money in the Town Treasury received from the sale of Burial Lots in 1939, in accordance with Chapter 114, Section 15, of the General Laws, or do or act.


The Finance Committee recommends the approval of this article.


Article 8. To see if the Town will appropriate for pay- ment of "Water Main Extension Notes Maturing in 1940" the sum of $4,500.00, and appropriate for payment of "Water De- partment Equipment Notes Maturing in 1940" the sum of $1,500.00, the entire $6,000.00 to be taken from "Water Avail- able Surplus," or do or act.


The Finance Committee recommends the approval of this article.


Article 9. To see if the Town will appropriate for pay- ment of interest due in 1940 on "Water Extension Notes" the sum of $775.00, and for interest due in 1940 on "Water De- partment Equipment Notes" the sum of $22.50, the entire sum, $797.50, to be taken from "Water Available Surplus," or do or act.


The Finance Committee recommends the approval of this article.


Article 10. To see if the Town will appropriate for "Water Department Maintenance" the sum of $7,470.77 to be taken from "Water Available Surplus," or do or act.


The Finance Committee recommends the approval of this article.


Article 11. To see if the Town will appropriate and assess the sum of $3,315.13 to pay the following 1934, 1936, 1937, 1938 and 1939 bills which were presented for payment after the Town books were closed, or do or act.


Collector's Salary :


T. H. Harrington $173.30


Collector's Expense :


T. H. Harrington 15.98


12


Town Hall Maintenance : Spencer Oil Products 43.74


Fire Department : Wayland Motors Board of Health : Rutland State Sanatorium


5.46


Highways and Bridges :


Wayland Motors-1938


$65.06


Wayland Motors-1939


6.00


Union Lumber Co .- 1937


3.40


Snow Removal :


Thomas W. Bowles


16.77


Street Lights :


Boston Edison Co.


427.35


W. P. A. Commissary Department :


Town of Framingham-1934


$86.52


Town of Framingham-1936


26.30


112.82


Public Welfare :


Hiram Nisbet


$9.01


Ida J. Kenrick


7.00


Arthur E. Peck


121.00


The Great A. & P. Tea Co.


319.50


The First National Stores


204.00


A. J. Lizotte


5.82


Spencer Oil Products


67.42


R. B. Johnson


15.00


Kerwin's, Inc.


14.80


Branagan Bros.


1.25


Town of Framingham-1937


74.75


Town of Framingham-1938


878.50


Town of Framingham-1939


302.91


Town of Arlington-1939


108.00


Town of Natick-1939


19.00


State Infirmary-1939


118.29


2,266.25


Soldiers' Relief :


Isabelle A. Higgins


$5.00


W. J. Dahill-1939


36.00


41.00


$3,315.13


13


138.00


74.46


All items contained in this list have been approved by the appropriate Boards, and have been certified for payment.


The Finance Committee therefore recommends the approval of this article.


Article 12. To see if the Town will vote to appropriate the sum of $1,150.00 to be used toward the purchase of a 11/2- ton dump truck for the Highway Department, said sum of money to be taken from "Road Machinery Fund," and in con- nection with the purchase thereof, will authorize the Highway Surveyor, with the approval of the Board of Selectmen, to sell, trade or otherwise dispose of the 1934 11/2-ton truck.


Two years ago, the Finance Committee recom- mended an appropriation to cover the purchase of a truck to take the place of the 1934 truck mentioned in this article. The article was passed over by the Town Meeting at that time, and the truck has since reached a point where it has no further useful life to the Town.


The Finance Committee therefore recommends that there be appropriated and transferred from "Road Machinery Fund" the sum of $1,150.00 for the pur- chase of the new truck here requested.


Article 13. To see if the Town will vote to appropriate for "Road Machinery Account" the sum of $642.30, the money to be taken from "Road Machinery Fund."


The "Road Machinery Account" is one which is set up to provide for the maintenance of road equip- ment when in use on either Chapter 90 maintenance or new construction work. As there will be only Chap- ter 90 maintenance work in 1940, the Finance Com- mittee feels that the balance available, $642.30, will be sufficient for the work to be done in 1940.


The Finance Committee therefore recommends that there be appropriated for "Road Machinery Ac- count for use on equipment maintenance only the sum of $642.30 and that this amount be transferred from "Road Machinery Fund."


Article 14. To see if the Town will appropriate and assess a sum of $10,000.00 to be used under the direction of the Board of Selectmen in connection with W. P. A. or other similar Federal or State projects, or do or act.


The Town's share of W. P. A. expense during


14


the year 1939 came to about $11,500.00, thereby leaving an unexpended balance in the account of al- most $5,400.00. The W. P. A. quota for the Town during the year was low, and in addition, the metro- politan water project furnished employment for a large number of men. The reduced quota and the employ- ment afforded made possible a reduction in W. P. A. expense. Although there can be no exact estimate of the Town funds which will be needed in 1940, the Finance Committee feels that on the basis of the pres- ent, and even higher, quota, and taking into account projects which have already been approved or are in the process of preparation, a total Town appropriation of a little over $15,000.00 would appear adequate.


The Finance Committee therefore recommends that there be appropriated and assessed the sum of $10,000.00 to be used with the balance in the account of $5,386.36, the entire sum, $15,386.36, to be used as the Town's share on W. P. A. projects, under the di- rection of the Board of Selectmen.


Article 15. To see if the Town will appropriate and assess an additional sum of money for "Chapter 90 Maintenance" on Old Connecticut Path under a W. P. A. farm-to-market pro- ject, such amount to be over and above that provided in the bud- get for "Chapter 90 Maintenance," and with a further under- standing that such sum is to be spent under the supervision of the Board of Selectmen under plans and specifications prepared by the State and County Highway Engineers, but only on the condition that the State or County and the Federal Government join in the undertaking as a farm-to-market project.


The Finance Committee is advised that the Public Works Department of the Commonwealth is consider- ing allocation of some portion of its Chapter 90 funds for use in conjunction with similar town money on W. P. A. Federal farm-to-market road projects. Pro- vided arrangements have been completed by the time of the Annual Town Meeting, the Finance Committee feels that an appropriation of $2,000.00 under this article would probably mean a State and County allot- ment of about $4,000.00 and a Federal allotment of $18,000.00. The use of such a fund for the recon- struction of a portion of Old Connecticut Path would appear desirable in view of the fact that there will be


15


no Chapter 90, new construction money available this year.


Since the information is not complete at the time of the writing of this report, the Finance Committee's recommendation will have to be deferred until the An- nual Meeting.


Article 16. To see if the Town will vote to appropriate and assess the sum of $600.00 for the rent of quarters for the Charles H. Alward Post No. 133, American Legion, Inc., under the provisions of Chapter 40, Section 9, as amended, of the General Laws, or do or act.


Since the erection of its building, the Alward Post of the American Legion has refrained from re- questing any assistance of the Town under the pro- visions of the State statute by which a town of the size of Wayland may annually appropriate not more than $1,500.00 for the purpose of providing suitable head- quarters for a post. The burden of maintenance has become such that the Post has reluctantly concluded to ask the Town for aid in the amount of $600.00 as set forth in the article. The Wayland-Cochituate Legion Building Association, Inc., a charitable corporation, has been formed to hold title to the real estate, which will be leased to the Post. The building has been used by the Town for a number of years as headquarters for the W. P. A. Sewing Project and for election quarters without direct reimbursement as such. Un- der the circumstances, the Finance Committee feels that the request is reasonable.


The Finance Committee therefore recommends that there be appropriated and assessed the sum of $600.00 for the rent of quarters for the Charles H. Alward Post No. 133, American Legion, Inc.


Article 17. To see if the Town will vote to request the Harvard Trust Company, as Trustee under the will of Jonathan Maynard Parmenter, to use the funds in its hands under the hospital trust, so called, to build a hospital, or otherwise to use said funds in some manner for the benefit of the people and in conformity with the intent of said Jonathan Maynard Parmen- ter.


The proper use of the Parmenter fund is of great importance to the Town: The approach to the prob-


16


lem suggested in this article is one which should be thorough and well-conceived. The Finance Commit- tee feels that for proper presentation of the facts, and for a comprehensive solution, a committee should be appointed to make a report to the Town.


The Finance Committee therefore recommends that there be appointed a committee of five to consist of : the Town Counsel, the School Physician, one mem- ber of the Board of Selectmen designated by the Board and two others to be selected by the three so designated and that this committee be directed to make a thorough investigation and recommendation to the Town with respect to the Parmenter Fund.


Article 18. To see if the Town will vote to raise and ap- propriate a sum of money for the repair and renovation of the Grammar School Building in Wayland Centre, or do or act.


Last year, an article inserted in the Warrant by the School Committee asked for $15,200.00 for the repair and renovation of the basements of the gram- mar schools in Cochituate and Wayland Centre. At that time, the Finance Committee made a thorough study of the work which was to be done under the article. Certain alterations were requested by the In- spector of the State Department of Public Safety, while others seemed desirable from a point of view of sanitation. At that time, with an unusually heavy State tax facing all the towns in the Commonwealth, the Finance Committee, while recognizing the merit of the work proposed in the article, recommended that but a fraction of the requested amount be expended. At the request of the School Committee, $6,000.00 was voted to do the complete job at the Grammar School in Cochituate. Nothing was done at the Wayland Centre. The situation at the Centre School has since been somewhat aggravated by the settling of the main stairways. The School Committee has obtained proper blue prints, detailed specifications and estimates of the cost of the contemplated renovations, which aggregate $9,500.00. The Finance Committee feels that most of the work will have to be done at once in any case, and feels that, in the interest of economy, the entire job should be done at this time.


The Finance Committee therefore recommends


17


that there be appropriated and assessed under this ar- ticle the sum of $9,500.00.


Article 19. To see if the Town will vote to appropriate and assess a sum of money for the installation of a six-inch water main with hydrants on Lakeview Road, or do or act.


This article has come before the Town Meeting several times in the past and has been passed over on each occasion. As previously reported, Lakeview Road is not an accepted street, and as this type of work can no longer be done as a WV. P. A. project on private ways, the Finance Committee feels that the work should be done only in connection with the acceptance of the road by the Town. Until such time as steps have been taken by the abutters to petition for accept- ance of the road, the Finance Committee is of the opinion that the substitution of a six-inch line for the two-inch line now in the street and serving the abutters should be postponed, for under the present article, the work would have to be entirely done at the Town's expense at a cost of $2,000.00.


The Finance Committee therefore does not recom- mend the approval of this article.


Article 20. To see if the Town will vote to amend the existing by-laws of the Town by adopting a new article to be known as the Building Code and being regulations of the in- spector of materials, construction, alteration, repair and use of buildings and other structures within the Town, and to provide penalties for violation thereof, substantially as contained in the report of the committee appointed at the Special Town Meeting December 14, 1938, as added to by vote of the Town at the An- nual Town Meeting in March, 1939, a copy of which report is printed in the Town Report for the calendar year ending De- cember 31, 1939, and a copy of which is on file in the Town Clerk's Office, or do or act.


A thoroughly competent committee was appointed at the last Annual Town Meeting to prepare and bring before the Town for its consideration a building code suitable for adoption by the Town.


The Finance Committee at the time of writing this report has not seen the code which will be recommen- ded by the committee, but it feels that the adoption of


18


a proper building code will be in the best interests of the Town.


Article 21. To see if the Town will vote to appropriate and asess a sum of money in the amount of $3,000.00 to reim- burse Frank A. Burke of Wayland for hospital and medical ex- penses incurred as a result of injuries sustained by him while in the performance of his duties as a fireman for the Town of Wayland, or do or otherwise act thereon.


A complete investigation of this claim is being made, but the Finance Committee has been advised that the findings will not be available until shortly be- fore the Town Meeting.


The Finance Committee will therefore have to de- fer its recommendation in connection with this article until the date of the Meeting.


Article 22. To see if the Town will appoint a committee to investigate and report at the next Town Meeting on the need of new quarters for the Fire Department, Branch of the Public Library and other Town Departments in Cochituate, or do or act.


There have from time to time been various sug- gestions as to the desirability of the erection in Co- chituate of a town-owned building which would prop- erly house : Fire Department, Branch of the Public Library, hearing room, voting quarters and a room or two for various other town purposes. The centraliza- tion of these facilities in a proper building appears to the Finance Committee to be desirable, for the Fire Department is now housed in a non-fireproof building, the upper floors of which, although now being used for public meetings, are dangerous and unsafe. The Branch Library is in rented quarters, and the school building and Legion Hall serve as quarters for voting and registration. The Finance Committee feels that the building here contemplated is one which should ul- timately be erected, but it is of the opinion that until such time as the total relief burden now being carried by the Town through taxation is drastically reduced, the Town is in no position either to build or to con- template construction through the appointment of a committee to investigate the desirability of such quar- ters. The Finance Committee further feels that pend-


19


ing the construction of such a building, the use of the upper floors of the building which is occupied by the Fire Department should be limited to the use of the Fire Department so as to avoid any possible claims for damages against the Town.


The Finance Committee does not, therefore, recommend the approval of this article.


Article 23. To see if the Town will amend the vote passed under Article 26 of the Annual Town Meeting held March 9, 1938, or take any other action in relation to said vote, so that the sum of $3,500.00, appropriated and assessed to settle claims of the City of Boston for the year 1937 and all prior years, shall be made available also for the settlement of all claims by and between the Town of Wayland and other cities and towns for the year 1939 and all prior years, payment of such settle- ment to be made upon the approval of the Town Counsel and the Board of Public Welfare, or take any other action to make available such portion of said sum of $3,500.00 as has not here- tofore been used, or do or act.




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