Norwood annual report 1932-1935, Part 30

Author: Norwood (Mass.)
Publication date: 1932
Publisher: The Town
Number of Pages: 1450

USA > Massachusetts > Norfolk County > Norwood > Norwood annual report 1932-1935 > Part 30

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of Norwood, Mass. and delivercd in hand to James E. Pendergast, Clerk of the Selectmen, on said date, requested a hearing in accordance with said Section 11, of Chapter 197, Acts of 1914, as therein specified and whereas, by vote of the Selectmen, said Clarence A. Bingham was notified by said Clerk James E. Pendergast, by letter under date of April 22nd, 1933, that the hearing so requested would be given to him on Thursday, the twenty-seventh day of April, 1933, in the Selectmen's room in the Municipal Building, Norwood, Mass., at 7:30 o'clock in the afternoon and whereas; pursuant to said action and notice, said hearing was given and held at the time and place above stated, at which all the Selectmen and said Clarence A. Bingham were present, and further sessions of said hearing were held at said place on the following dates, viz .: April 29th, May 4th, May 12th, May 13th and May 20th, 1933, at which several further sessions of said hearing all of said Selectmen and said Clarence A. Bingham were present and whereas said hearing was concluded on said May 20th, 1933, and whereas, the Selectmen thereafter considered said action so taken on said April 15th, 1933, and the matters and things presented at said hearing. NOW THEREFORE, pursuant to the authority given under the pro- visions of said Section 11, Chapter 197, Acts of 1914, and in accordance and compliance therewith, it is hereby decided by a majority of the Selectmen, for the reasons set forth in the statement of removal filed on said April 15, 1933 and above mentioned and incorporated by reference in this decision and in the light of all material statements made and matters presented at said hearing, that said Clarence A. Bingham be and hereby is removed from said office of General Manager of the Town of Norwood and that this decision be filed forthwith with the Town Clerk and Accountant and a copy thereof be mailed or delivered to said Clarence A. Bingham. With respect to the MeBay affidavit, so-called, and charges directed against Selectman Daniel Collins, the action taken thereon by the Selectmen, in which Selectman Collins did not participate, appears in the copy of the record of the meeting of May 4th, 1933 attested by Clerk Pendergast and attached hereto and made a part hereof, which action was also presented and read at the session of the hearings held on May 13, 1933. And further voted that said decision be filed forthwith with the Town Clerk and Ac- countant and a copy thereof be mailed or delivered to Clarence A. Bingham.

HARRY B. BUTTERS, PETER J. FEENEY, DANIEL COLLINS,

A majority of the Selectmen of Norwood, Mass.

At a meeting held on May 4, during the course of the Bingham removal hearing, it was unanimously voted by all of the Selectmen, except Select- inan Collins, who did not participate in the action, and after duc con- sideration of the subject matter, that a certain statement set forth in documents submitted by Mr. Bingham which was in the form of an affidavit

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by L. R. McBay, and related to statements alleged to have been made by Mr. Collins, was not substantiated and that full confidence in the integrity of Selectman Collins be expressed by his fellow Selectmen.

Temporary General Manager

The suspension of Mr. Bingham as General Manager, as voted on April 15, was effective from that date and on May 29 Peter J. Feeney, Chairman of the Selectmen, was appointed Temporary General Manager, and served in that capacity without compensation until August 1, when his resigna- tion was presented and accepted as of that date, as requested by him.

On said August 1, Albert W. Thompson, Town Engineer, was appointed Temporary General Manager in succession to Mr. Feeney for the period of thirty days at the salary fixed on August 8 at the rate of $4900 per year. Mr. Thompson continued to serve as Temporary General Manager after the expiration of said thirty-day period, until a permanent General Mana- ger was appointed.

Appointment of William C. Kendrick as General Manager

On June 14 notice was authorized to be given through various newspaper advertisements that the Selectmen would receive until July 1 applications of candidates for appointment to the office of General Manager, to fill the existing vacancy. Numerous applications were received and carefully considered, and interviews were granted to a number of applicants, and on October 26 William C. Kendrick of No. 171 Walcott Road, Brookline, Massachusetts, was appointed General Manager, effective as of November 13, on the affirmative vote of Selectmen Butters, Collins and Feeney, with Selectmen Murphy and Mutch in the negative.

Claims and Litigation

Claims and litigation which had attention during the year and as to which action was taken under advice of the Town Counsel are set forth in the following brief form. Reference is made for a more detailed statement to the report of the Town Counsel.

Louis M. Severance, claim for personal injuries due to defective street condition. Settlement inade in the sum of $78.50 without suit.

Margaret M. Crimmins, claim for personal injuries due to defective street condition. Settlement made in the sum of $400 without suit.

Marion J. Bolduc, claim for personal injuries due to defective street condition. Settlement in the sum of $150 without suit.

James J. Drummey, action at law in the Superior Court for Norfolk County for work performed and material furnished in connection with the grading of the Senior High School grounds. Compromise settlement inade in the sum of $5000 without trial.

Henry Richards (minor, by Joseph Richards, parent), action of tort in Superior Court of Norfolk County for personal injuries due to defective

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street condition. Settled by compromise agreement without trial in the sum of $450.

James M. Folan, claim for damages for land taken for Clark Swamp Drain in excess of award made. Settled without suit by payment of the sum of $105 for taking of 1617 square feet of land and $100 for the taking of 452 square feet of land, which sums were in excess of the respective awards made.

John Drummcy, claim for damages sustained in connection with the construction of the Clark Swamp Drain. Settled by the payment of $65 without suit.

Clarence A. Bingham action at law in the District Court of Northern Norfolk to establish an indebtedness of $45.24 for salary as General Mana- ger claimed to be due for period from May 27 to May 31 and alleging removal to be null and void. Case dismissed on motion of the town after hearing.

Mary Cashman, claim for damages in excess of award made for taking easement in land in the widening of Prospect Avenue and Nichols Street. Claim has had consideration without action taken.

Michael Donahue, claim for workmen's compensation as employee of Public Works Department for injuries alleged to have been received in the course of employment, based upon an aggravation of an earlier injury. Appropriate action taken to repair condition and in manner approved by Industrial Accident Board.

Michael J. Curran, claim for workmen's compensation as an employee of the town based upon injuries resulting from a recurrence of infection as to which compensation had been given originally to October 11, 1930. Appropriate action taken.

Westinghouse Electric and Manufacturing Company, claim for $948 as a cancellation charge for two induction regulators ordered in 1931 with four others already delivered, provided these regulators are not taken at the contract price of $2356. On advice that regulators would be needed in the near future, it was arranged to have them delivered and the claim was withdrawn.

Boston Heating Company, claim for monthly payments under the pro- visions of an alleged contract for the purchase of an oil burner installed in the Municipal Building. Claim settled by a single payment of $797 and on condition that a guaranty be given that the oil burner would reasonably perform the work required of it which settlement resulted in a substantial saving of expense over the monthly payments demanded under the alleged contract which the town refused to recognize as enforceable.

Norwood vs. Brown, an action of tort in the District Court of Northern Norfolk on a claim for damage to town property through a motor vehicle collision in the sum of $108.08. Settled by compromise without trial for the sum of $85.

Several claims were presented for personal injuries or property damage

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alleged to have been received through defective street conditions which were denicd on the ground that no liability on the part of the town existed.

Light Wines and Malt Beverages Licenses

An Act passed by the Massachusetts Legislature regulating the manu- facture, transportation, and sale of wines and malt beverages, containing not more than three and two-tenths per cent alcohol by weight, became a law on April 7, 1933. In accordance with the provisions of this law, and acting as the local licensing authority under said Act, the following action was taken on April 11, viz .:

ORDERED that the granting of licenses for the sale in the Town of Norwood of wines and malt beverages under and in accordance with the provisions of Chapter 120, Acts of 1933, be and hereby are author- ized, and be it further ordered that the foregoing order be filed forth- with with the Town Clerk and Accountant in his capacity as Town Clerk.

PETER J. FEENEY, EUGENE L. MURPHY, JOHN M. MUTCH, DANIEL COLLINS, HARRY B. BUTTERS,

Selectmen and the order thereby made was filed with the Town Clerk and Accountant in his capacity as Town Clerk as required thereby.

On April 15 it was voted that the number of licenses to be issued for the sale of wines and malt beverages under the Act, not to be drunk on the premises, be established as thirteen, and that the yearly license fee for the sale of wines and malt beverages under the Act, to be drunk on the premises, be fixed at $100 and the yearly license fee for the sale of wines and malt beverages under the Act, not to be drunk on the premises be fixed at $25 and the Club lieense fee be fixed at $25.

Thereafter, namely, on April 18, temporary licenses for the period ending July 18, 1933 were granted for the sale of wines and malt beverages under the Act, to be drunk on the premises, to several common victuallers and innholders on the understanding that, in the absence of good and sufficient reasons for other action, favorable consideration would be given to granting further licenses to such licensees for the remaining period of a year from April 18, 1933 and such temporary licenses to issue upon the payment to the Town Treasurer of the full yearly license fee of $100 for each license. Similar action was taken with respect to various temporary licenses granted for the sale of wines and malt beverages under the Act, not to be drunk on the premises, subject to the approval obtained by the applicants of the State Alcoholic Beverages Control Commission and on payment of the full yearly license fee of $25 for each license, and similar action was taken with

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respect to licenses granted to certain clubs on the payment of the full yearly license fee of $25 for each license, and subject further to regulations made by the Selectmen with respect to sales to guests introduced by club members and subject also to the condition that a further, or increased license fee might be required.

It was also voted that all licenses be issued subject to the further con- dition that persons licensed shall, during the month of April, 1934, submit to the Selectmen under oath statements of the actual volume of sales in dollars and cents made by licensees for the period ending March 31, 1934.

The hours during which licensees were permitted to sell to travellers, strangers and other patrons and customers, wines and malt beverages, under the Act, to be drunk on the premises, were restricted as follows:

1. No sale shall be made on the Lord's Day between the hours of 12:00 o'clock midnight of the day preceding and 6:00 o'clock, A. M. of the day following.

2. No sales of wines or malt beverages shall be made on days of the week other than the Lord's Day between the hours of 1:00 A. M. and 6:00 A. M.

By action taken on May 9 it was voted to modify the restrictions with respect to the Lord's Day by permitting sales by licensees after 1:00 P. M. to and including 1:00 A. M. on the following day.

On May 9, May 23, June 27, June 30, July 7, September 5, and October 24 additional temporary licenses for the sales of wines and malt beverages under the Act, to be drunk on the premises, were granted to licensed com- mon victuallers applying therefor on similar terms and conditions, and on May 9 .and 23 additional temporary licenses were granted to applicants for the sale of such beverages, not to be drunk on the premises, on the same terms and conditions as similar licenses granted earlier.

On September 19 notice was received from the Alcoholic Beverage Con- trol Commission of its approval of licenses granted by the Selectmen to sell such beverages not to be drunk on the premises. On May 9 it was voted that, as to licenses granted for sale of such beverages, a neglect or refusal on the part of a person licensed to pay the license and recording fees for a period of thirty days after the granting of such licenses would be just cause for revoking the licenses so issued.

On May 23 a wines and malt beverages license was granted to the Nor- wood Business Men's Club, Inc., on the usual terms and on June 6 a similar license on usual terms to the South End Social and Athletic Club. On various dates special licenses were granted for the sales of like beverages to be drunk on the premises named to applicants with respect to field days, outings and indoor affairs, as provided by law, on the payment of fees of $5 each.

Alcoholic Beverages Licenses

On April 25 third class liquor licenses for the sale of liquors and certain non-intoxicating beverages under prescription of Registered Physicians in accordance with the existing law were granted to the following named

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persons, Jeremiah F. Nash (A. F. Brown Company), Gerard C. Hawkins (Clark's Pharmacy, Ine.), and William E. Russell (Russell's Pharmaey).

On December 11 under the authority contained in the Aets of the Massa- chusetts Legislature passed at the Extra Session, namely, Chapter 373, whieh beeame a law on November 24, 1933, and Chapter 376, which became a law on December 4, 1933, and which took effeet on the ratification of the Twenty-First Amendment to the Constitution of the United States, repealing the Eighteenth Amendment thereto, an order was adopted limit- ing the granting of lieenses for the sale of alcoholic beverages to wines and malt beverages only, in the following form, viz .:

ORDERED, that the granting of licenses for the sale in the Town of Norwood, and the sale thereunder of wines and malt beverages, under and in accordance with the provisions of Chapter 373 of the Acts of 1933, and all other provisions of law applieable thereto, be and hereby are authorized, and be it further ORDERED, that the foregoing order be filed with the Town Clerk and Accountant of the Town of Norwood, in his capacity as Town Clerk.

PETER J. FEENEY, EUGENE L. MURPHY, HARRY B. BUTTERS, DANIEL COLLINS, Seleetmen of Norwood

On December 21 it was voted that, pending the taking of a vote by the town on the question of granting lieenses for the sale therein of aleoholie beverages, licenses to sell wines and malt beverages under the provisions of Seetion 15 of Chapter 376 (not to be drunk on the premises) be granted to the following applicants:

1. Umberto Balboni, 860 Washington Street

2. John J. Chubet and Bernard A. Chubet, 1208 Washington Street

3. Torquato Fariolo, 68 Walnut Avenue

4. Harry Levenson, 641 Washington Street

5. Stanley Vasiliauskas, 1136 Washington Street

and for sales of such beverages under the provisions of Section 12 of said Chapter (to be consumed on the premises) to the following elub applicants:

1. Norwood Lodge 1124 B. P. O. E., off Walnut Avenue.

2. Norfolk Athletic Association, Inc., 1035 Washington Street

And for sales of such beverages under the provisions of said Section 12 (to be consumed on the premises) to the following applicants:

1. John Daniels, 856 Washington Street

2. Lydia Karki, 38 Savin Avenue

3. Irving B. Loeke, 647 Washington Street

4. Frank W. Mansfield, 125 Central Street

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5. Luigi Mastriani, 15 Dean Street

6. Morris Prager, 900 Washington Street

7. Frank Rombola, 1088 Washington Street

8. Charles H. Mason, 654 Washington Street

9. Chin Gook Yup, 506 Washington Street

All licenses granted under the foregoing votes were temporary for a period of sixty days and pending the issue, under such provisions of law as may be applicable, of permanent lieenses.

It was also voted that the police department through the General Mana- ger cause to be enforeed the provisions of law relating to alcoholie beverages with particular reference to sales by persons who have not surrendered, and are now holding and operating under licenses issued under the pro- visions of Chapter 120, Acts of 1933. It was further voted to appoint as agents of the lieensing authorities, pursuant to the provisions of Section 63 of said Chapter 376, the officers in the police department, and to author- ize the General Manager and Chief of Police to enter upon the premises of any person licensed under the provisions of Seetion 376, to ascertain the manner in which such person conducts his business and with like authority as to all licenses issued under the provisions of Chapter 120.

On December 26 additional licenses were granted under the provisions of Section 12 of Chapter 376.

It was voted also that where the person, to whom a lieense is granted, does not submit the required bond and pay the required lieense fee within thirty days of the date of the granting of the license, it will be considered such neglcet or refusal as to be just cause for revoking a license so voted.

On December 19 it was voted that a license fee of $150 be charged for each license issued for the sale of wines and malt beverages whether issued under the provisions of Section 12 or Section 15 of Chapter 376, including licenses issued for sales by incorporated clubs.

Boston-Providence Turnpike District, State Highway, Route 1-A

In January the Selectmen, with others joining for the purpose, petitioned the General Court for legislation in the form of a Bill presented through Representative Coughlin which became House No. 990, to provide for certain traffic improvements on the Boston-Providence Highway, so-called, whereby the State Department of Publie Works would be authorized and direeted to instal and maintain traffic control signal lights at all inter- sections of the public ways with the turnpike, and to eonstruet an over-pass for the accommodation of traffic at or near the intersection of East Cross Street with said highway.

In March it was decided after conferences with the Planning Board and others and following preparation for a hearing on the Bill, to request that the Bill be referred to the next annual session, which action was securcd through Representative Coughlin, as meantime, as notified on March 1, the State Department of Public Works had installed traffie control signal

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lights at the more important intersections and because it was extremely doubtful that favorable action could be secured with respect to the con- struction of the desired over-pass in view of existing economic conditions and the expense involved.

Much consideration was given to the matter of zoning by appropriate amendment of the existing Zoning By-Law or otherwise limiting the areas contiguous to the turnpike with respect to which the Planning Board was greatly interested and desired to have accomplished. To that end con- ferences were held with the Planning Board and others and a report secured from Henry C. Mildram of Boston, Consulting Engineer, and an expert advisor, who recommended that consideration be given to a residence zone forty or fifty feet wide along the highway line on each side, with the next one hundred fifty to two hundred feet zoned for light business or light manufacturing purposes. The Planning Board wished to establish by zoning a forty foot set-back on each side of the way, but did not press the matter because of an opinion from the Town Counsel supported by a like opinion from the Department of the Attorney General of the State that such a set-back could not be enforced under the Zoning By-Law Amend- ment, but indicated that the establishment of a building line would ac- complish the desired result of restricting the use of the property adjacent to the way and that expense might be minimized if not avoided through agreement with the owners of the property involved. Until the character of the use of the areas along the way has been determined by appropriate action the Selectmen feel that it is desirable to withhold action on their part with respect to pending applications for certain uses as to which their approval is required. It is hoped that a satisfactory solution of this im- portant problem may be reached in the near future and in line with a proper control of the district for the best interests of the town, not only for the present, but for the years to come. The Selectmen have been and are ready and anxious to aid in an early determination of the matter.

Welfare Situation

Many conferences were held with the Board of Public Welfare as to procedure and general policy in welfare cases as well as to particular cases with respect to which alleged agrievances were brought to the attention of the Selectmen. The matter of the distribution of Federal funds alloted for emergency relief and as to the appointment of an investigator or visitor to assist the Agent of the Board were dealt with also.

Action was approved as taken by the Board of Public Welfare to dele- gate to its Agent administrative authority to grant upon application for relief adequate assistance in conformity with established policy and to establish a consistent basis of allowance with necessary steps to be taken to correct irregularities.

In the consideration of questions arising with respect to public welfare situations to which the Selectmen gave attention it developed that unem- ployment was a factor and the activities of the Selectmen to relieve unem-

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ployment with its favorable affect upon public welfare aid are set forth under the subdivision of this report entitled "Unemployment Situation and Relief."

Unemployment Situation and Relief

The situation with respect to unemployment and the need of methods to relieve the same was keenly appreciated and had the constant interest and attention of the Selectmen.

On March 7 letters were addressed to Honorable David I. Walsh and Honorable Marcus Coolidge, United States Senators representing Massa- chusetts, through which their active interest was sought with a view to appropriate action being taken by government officials to require the Contractor constructing the United States Post Office Building to give preference to local mechanics and other workmen at present out of em- ployment. Through replies received, the Senators promised the coopera- tion requested.

On March 21 the set-up of a construction program was undertaken for the purpose of providing employment with particular reference to highway items, including the laying out of new streets and on March 25 a conference was held with the Finance Commission as to possible sewer and highway construction projects.

On April 11 the employment of soldiers' relief recipients and welfare aid recipients had consideration.

On May 2, after conferences with the Superintendent of Public Works and others, plans of employment by a stagger system in aid of a greater spread of employment were approved and various projects in the Depart- ment of Public Works had attention.

On May 9, it was voted to adopt as a policy governing employment of able-bodied male persons, who were recipients of public welfare aid, that each such person should furnish labor equivalent to the same paid by the town through the Board of Public Welfare per year or such portion or portions of a year as such person might be aided, divided by the prevailing · wage paid to town employees for labor, such policy to be effective beginning Monday, May 8.

On May 29, a conference was held with the School Committee and others with respect to the improvement of the Shattuck School grounds and with particular reference to the project of the construction of a service driveway along the southcrly line of the school building and to the project of a fill on the boys' playground on the southcrly side of the school premises.

On June 27, a program of public works improvement was discussed with the Finance Commission in the light of the application of the National Industrial Recovery Act, and on July 7 and other later dates there were further conferences with the Planning Board, Finance Commission and others as to various possible public works activities, and the use of school property for playground purposes. The expenditure of approximately $25,000 was agreed upon for the purpose of connecting the present sewerage

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Norwood annual report 1932-1935, Part 30

Author: Norwood (Mass.) Publication date: 1932 Publisher: The Town Number of Pages: 1450

Author: Norwood (Mass.)
Publication date: 1932
Publisher: The Town
Number of Pages: 1450