USA > Massachusetts > Norfolk County > Norwood > Norwood annual report 1932-1935 > Part 72
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 (link on the Part 1 page).
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 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93
Morrill Memorial Library
Town
Norwood
Name of Librarian
Jane A. Hewett
Date of founding
1873
Population served
15,579
Assessed valuation
$25,377,540
Terms of use
Free for lending; free for reference
Number of agencies
4
Number of days open in 1935
302
Number of hours open each week
66
Number of staff
7
Increase
Number of volumes at beginning of year
45,645
Number of volumes added by purchase
1,780
Number of volumes added by gift
63
Number of volumes at end of the year
47,488
Use
Fiction
Non-fiction Foreign
Total
Adult
66,063
14,335
473
80,870
Young adult
11,436
1,118
12,554
Juvenile
9,819
3,650
13,469
Balch School
2,165
Callahan School
2,913
Shattuck School
5,944
Winslow School
3,602
Total number of books circulated
121,517
Number of pictures lent
1,247
Finance
See report of Town Accountant.
Registration
Adult
Young Adult 39
Juvenile
Total
Number of borrowers registered in 1935
238
267
544
Total number registered
3428
730
717
4875
236
Books Added to the Library in 1935
Adult
Young Adult
Juvenile
Total
General works
19
1
0
20
Philosophy
10
0
0
10
Religion
11
1
3
15
Sociology (includes fairy tales)
52
5
98
155
Philology
5
0
1
6
Natural science
26
7
11
44
Useful arts
43
10
16
69
Fine arts
50
6
7
63
Literature
72
6
28
106
Description and travel
65
7
14
86
Biography
99
15
9
123
History
65
15
12
92
Fiction
596
143
315
1054
Total
1113
216
514
1843
Gifts
Books and magazines have been received from
Miss Alice E. Field
Anonymous
Dr. Ralph M. Fogg
American Gas Association
Mrs. George H. Morrill
Chemical Foundation Incorporated
Mr. William T. Whedon
Commonwealth of Massachusetts
Mrs. Robert W. Williamson
Estate of John M. A. Bell
Flowers have been received from
Mr. John Anderson
Mrs. Joseph C. Landry
Mrs. Katherine Bartell
Mrs. L. S. Marshall
Mrs. Robert Brown
Mrs. John C. Poncelet
Mrs. Walter F. Foss
Miss Maude A. Shattuck
Miss Freida Fromm
Mrs. Herbert Tucker
Mrs. Alan Haskell
Members of the Staff
Respectfully submitted,
JANE A. HEWETT, Librarian
237
ANNUAL REPORT OF TOWN COUNSEL
Selectmen, Harry B. Butters, Chairman,
Norwood, Massachusetts.
Dear Sirs:
I submit herewith in summarized form the twenty-seventh annual report of the conduct of the Legal Department of the town and covering its ac- tivities for the year 1935. As in past years the principal service has been of an advisory character in many instances through written opinions fur- nished to the following departments and officials, namely, Selectmen as such and as Board of Survey, School Committee, Town Treasurer and Col- lector of Taxes, Finance Commission, Board of Health, Board of Assessors, Board of Public Welfare, Planning Board, General Manager, Town Clerk and Accountant, Inspector of Buildings and Peabody Fund Committee.
In addition service was rendered as requested or as voluntarily under- taken when it seemed advisable in the form of attendance at hearings and conferences, title examinations, views taken, court activities and drafting and revising various instruments.
As appears from the itemization which follows, the service rendered dealt with a variety of essential problems and questions and covered a wide field of municipal activitics. A detailed account of the service arranged chro- noligically in departmental order has been prepared and placed in the files and is available for reference purposes.
Litigation and Claims
Charles P. Pond, et al vs. Norwood, (Flora M. Pond, executrix of the estate of Charles P. Pond, being substituted as party petitioner on the suggestion of his death.).
Flora Pond, et al vs. Norwood: These cases were reported last year as pending for trial in the Superior Court for Norfolk County and as then stated werc as to the first mentioned case, an action to recover damages for an easement in land taken by right of eminent domain following lay- out in the construction of the extension of Nichols Strect in property claimed to be owned by the petitioners, and as to the second mentioned case, an action to secure an abatement of betterment assessments levied on adjoining land to that taken for the extension of Nichols Street allegedly owned by the petitioners following refusal by the Selectmen to abate said assessments on application made. The defense of the town in the cases has been prepared and same are pending for trial and the petitioners have indicated through counsel that they are receptive to compromise settle- ments without trial and as to which negotiations will be undertaken when the Selectmen authorize such course of action.
Joseph Constantino: This was a claim for workmen's compensation be- fore the Industrial Accident Board for serious injuries received by the
238
claimant while he was employed as a laborer on a F. E. R. A. sewer con- struction project. The claim was contested on the ground that as a F. E. R. A. worker he was not an employee of the town of Norwood and that the Industrial Accident Board had no jurisdiction to award com- pensation to him. The hearing was held and the sitting member of the Industrial Accident Board made a finding that the claimant was an em- ployee of the town and was incapacitated by his injuries and awarded com- pensation. A review of this finding was secured and the Industrial Acci- dent Board, following hearing on the review, sustained the finding made in a somewhat reduced amount after the original finding had been previ- ously modified by the sitting member. An appeal was then taken by the town to the Superior Court. While this appeal was pending for hearing, an impartial medical examination was obtained by agreement of the parties, and the character and extent of the injuries were satisfactorily determined as the basis for negotiations for a compromise settlement under authority given by the Selectmen. Upon due consideration of the matter a lump sum settlement was agreed upon by way of compromise which was approved by the Industrial Accident Board and by agreement the case pending by way of appeal in the Superior Court was dismissed by decree filed and the case remitted to the Industrial Accident Board and thereafter the lump sum settlement was made for the sum approved and which sum appeared to this department to be fair to the claimant and for the best interests of the town.
Jennie Purpura: This is a claim for compensation under the Workmen's Compensation Act for injuries received by Mrs. Purpura while employed at the State Armory in the Civil Works Service project. The case at the beginning of the year, as indicated in the report of this department for the year 1934, had the status of an appeal to the Industrial Accident Board by way of review from a finding of a single member of the Board that the claimant was not an employee of the town and was not entitled to com- pensation and that the Industrial Accident Board was without jurisdiction to award compensation. The finding of the single member was sustained by the Board in review and the claim was dismissed on January 23, 1935. Thereafter the claimant took an appeal to the Superior Court. The case was heard in the Superior Court in due course on oral arguments and bricfs filed and the decision of the Industrial Accident Board in review was sus- tained and a decree entered dismissing the claim on the ground that the claimant was not an employee of the town and therefore not entitled to compensation. An appeal to the Supreme Judicial Court was claimed but was not prosecuted.
Tax Lien Foreclosure Cases
There were pending on the first of January in the Land Court petitions brought by Town Treasurer and Collector of Taxes Sullivan in behalf of
₱
239
the town for the foreclosure of tax liens with respect to various properties as detailed in the respective petitions, as follows:
Norwood vs. Norwood Estates, Inc., filed May 31, 1933. (Land Court Nos. 4122 and '4123, 4131 through 4138, both inclusive.) As to all of these cases foreclosure decrees were entered on January 8, 1935, following ne- gotiations with the respondent through counsel and withdrawal of defenses pleaded.
Norwood vs. James B. Sullivan, et al, filed June 9, 1933 (No. 4164). Foreclosure decree entered February 25, 1935.
Norwood vs. A. L. Atwood, et al, filed July 31, 1934 (No. 4896). Pending.
Norwood vs. Mary Nagle, filed July 31, 1934 (No. 4897). Foreclosure decree entered February 11, 1935.
Norwood vs. Eben F. Gay, filed July 31, 1934 (No. 4898). Petition withdrawn April 22, 1935 by reason of payment of tax lien.
The following petitions were brought in the Land Court during the year 1935, namely:
Norwood vs. Alfred L. Atwood, et al, filed May 28, 1935 (Nos. 6160 and 6161). Cases pending.
Norwood vs. Walter E. Bailey, Jr. et al, filed May 28, 1935 (No. 6162). Case pending.
Norwood vs. John Chubet, et al, filed May 28, 1935 (Nos. 6163-6166, both inclusive). Foreclosure decrees as to Nos. 6165 and 6166 entered on July 12, 1935 and cases pending as to Nos. 6163 and 6164.
Norwood vs. Mathew J. Concannon, filed May 28, 1935 (No. 6167). Case pending.
Norwood vs. George Fongallaz, filed May 28, 1935 (No. 6168). Case pending.
Norwood vs. Helen E. Switzer, et al, filed May 28, 1935 (No. 6169). Petition withdrawn November 16, 1935, by reason of tax lien satisfied through payment.
Norwood vs. Joseph Welch, et al, filed May 28, 1935 (No. 6170). Case pending
Claims against the town were presented and received consideration including investigations and advice as to liability as follows:
Dillon-Berube-Stratton-Pusateri. As to these several claims, advice was furnished to the effect that liability did not exist and the respective claim- ants appear to have been governed accordingly. Two compensation claims were acted upon, namely Concannon and Monahan.
Claim made by Patrick Lydon for property damage resulting from blasting operations on Rock Street was, under advice of this department, settled by compromise for a small sum.
The respective claims of Catherine C. Dyer and of Daniel D. Fitzgerald, for property damage and loss by reason of an overflow from a catch basin on Mylod Street, were under advice, settled through compromise by the payment of small sums.
1
240
Various claims against municipalities for relief furnished persons settled in such communities and a claim against a certain estate for relief furnished to the decedent had attention. Municipalities involved were Boston,. Cambridge and Franklin, as well as those hereinafter mentioned. As the result of negotiations substantial sums were recovered from these mu- nicipalities without suit. Extensive attention has been given to claims based on relief furnished with a view to recovery of sums expended through the Board of Public Welfare. There are pending claims against Medway and Braintree which are of substantial amounts and as to Medway a suit has been brought in behalf of the town for reimbursement for relief fur- nished to persons alleged to have settlements in Medway through a writ issuing out of the Superior Court for Norfolk County on December 18, 1935, and returnable on the first Monday in February, 1936. An offer of settlement was made through counsel to Medway which brought forth a counter offer of settlement from Medway which, however, was not ac- ceptable to the Norwood Board of Public Welfare. An effort will be made to bring the case to an early trial.
Leonard C. Fisher brought a petition in the Superior Court for Norfolk County for the assessment by a jury of the amount of the damages which he sustained by the taking by the town by right of eminent domain of an easement for town way purposes in a parcel of land owned by him following the lay-out and acceptance of the extension of Pleasant Street from Ne- ponset Street to the State Highway, known as Route No. 1, and entry made as he was dissatisfied with the award made by the Selectmen. A settlement in the sum of $500 by way of compromise of the suit was made, which sum was in excess of the amount originally awarded when the taking was made and the Court action was dismissed and appropriate papers obtained to conclude the settlement.
Tax Appeal Cases
On July 15, 1935, the Plimpton Press filed with the State Board of Tax Appeals its petition for the review of taxes assessed for the year 1934 on its real property, described in the petition, following refusal on the part of the Board of Assessors to grant the abatement requested through applica- tion made therefor.
This case is pending for hearing on the formal docket of the Board of Tax Appeals, and awaiting the outcome of negotiations between the Board of Assessors and the tax payer in the light of the valuations on the property for tax purposes for the year 1933 determined by the Board of Tax Appeals following hearings held upon the appeal of this tax payer with respect to the taxes assessed for that ycar.
On August 19, 1935, Guy I. Gibbons made application to the Board of Assessors for an abatement of the tax assessed upon his property at 86 Saunders Road and thereafter an abatement was granted but Mr. Gibbons was dissatisfied with the amount abated and he took an appeal to the State Board of Tax Appeals on October 21, 1935. Thereafter, namely on
241
January 17, 1936, as a result of a conference with the Board of Assessors, the appellant withdrew his appeal, after indicating upon consideration that he was satisfied to accept the abatement granted.
General
Other matters as to which services were rendered by way of advice or otherwise and as to which brief reference appears to be desirable are set forth in the following form under the headings of the respective depart- ments immediately concerned with the same.
Selectmen
Course of action as to tenant in certain property and court eviction process-Advice.
Action as to cotton textile industrial situation protest-Advice and draft of protest.
Appointment of dog officer-Advice.
Complaints of alleged nuisance at American Brake Shoe Company plant-Attention and advice including conferences with State Chief Inspector of Smoke Division and others and attendance at hearings.
Questions with respect to rights under cemetery deed-Review of law and advice.
Board of Health duties in given situation-Advice.
Questions as to publication of changes in zoning by-law approved by Attorney General-Advice.
Questions relating to disposition of funds received from sale of real estate acquired through tax lien foreclosure-Advice.
Questions relative to receipts from athletic activities on school property, also as to playground admission charges-Advice.
Interpretation of Clause 5, Section 7, Chapter 44 General Laws as to necessity for approval by State Department of Public Works of borrowing for original construction of public ways-Advice.
Power of Selectmen to lease land owned by town-Advice.
Notice requirements for changes in establishment trunk highway resi- dence zone-Advice.
Questions relative to hearing of complaints in alcoholic beverage case- Advice.
Duty of Selectmen as to acting immediately with respect to filling vacancy on Planning Board-Advice.
Action relative to decision of Alcoholic Beverages Control Commission in certain appeal case-Advice.
Holliston Mills, Inc., trespass claim and fencing situation with respect to Nahatan Street underpass-View, conferences with various officials and attorney for claimant, correspondence and advice as to adjustment of claim and attention to questions relating to compromise settlement and also to plan of land to be acquired in wing-wall location.
Leonard C. Fisher land damage claim-Attention to papers, conferences, advice as to compromise settlement and drafting agreement for dismissal of petition in Superior Court for assessment of land damages.
242
Procedure relative to vicious dog complaint and as to developments with respect to hearing on complaint-Advice and attendance at hearings.
Preparation of summary of records for 1934 report.
Review of data for motions for action at special town meeting and advice as to same.
Litigation and claims-Advice and reports.
Board of Survey
Right as to concurrent action by Board of Survey as to private way for public use and as to lay-out of same as a public way-Law examined and advice.
Application of zoning by-law to garage situation where assumed boundary line between adjoining properties was found to be in error and fence on wrong location-Advice.
School Committee
Questions relative to specific appropriation for support of schools by action under article in annual town meeting warrant and rights under segregated budget-Advice, including conferences with State Director of Municipal Accounts and others, and study of law.
Opinion as to budget appropriation question.
Opinion through Superintendent as to authority to make an effective regulation providing for suspension of pupils for loss of school property assigned to them.
Opinion as to additional school committee rules relative to suspension of pupils for loss of property.
Status of claim for payment for fuel saving equipment installed at Callahan School building with particular reference to approval of bill by General Manager and position of Finance Commission with respect to appropriation and position of Town Accountant as to necessity for town meeting action-Conferences with officials, study of papers and advice, also preparation of draft of article for special town meeting warrant as to payment of said equipment.
Opinion through Superintendent as to authority of Board of Health to order closing of schools because of existence in town of disease dangerous to public health and powers of School Committee with respect to closing of Schools on account of alleged epidemic.
Drafting articles for special town meeting warrant for use of Department of Public Schools.
Finance Commission
Advice as to law governing fixing of salaries of elective officials.
Advice as to refund of outstanding note loans.
Opinion as to right and duty with respect to transfer from the reserve fund at the request of Selectmen for fourth of July observance.
Advice as to question relative to action at special town meeting.
243
Advice as to duties relative to reserve fund with respect to providing funds to meet requirements of contract made by General Manager on requisition of School Committee for installation of new boilers in school building.
Board of Health
Advice as to health situation.
Advice as to coal dust nuisance complaint.
Study of draft of proposed additional regulations relating to restaurants where alcoholic beverages are sold; conferences with Inspector Shannon and advice and revising draft.
Action with respect to application of I. T. Company to collect tallow, grease and bones in Norwood-Conferences, law examination and advice.
Situation as to alleged coal nuisance at Whittemore Coal Company plant-Advice.
Action as to private drain situation-Advice.
Authority of Board of Health in cases where water to tenants is shut off by landlord-Opinion.
Final form of regulations regarding toilet facilities in restaurants- Advice to Inspector Shannon.
Action as to petition and as to hearing requested by property owners relative to alleged smoke nuisance-Advice.
Claims against the town of Medway as to relief furnished-Advice as to situation and course of action.
Planning Board
Changes in zoning by-law-Review of drafts presented, study of law, conferences, attention to proposed changes in zoning by-law. Attendance at public hearings relative to proposed amendments-Advice as to ques- tions raised.
Attention to form of article for special town meeting warrant covering proposed changes in zoning by-law and advice relative to proposed public' hearing for changes and drafting articles for action with respect to pro- posed changes.
Inspector of Buildings
Application of zoning by-law provisions to described situation-Advice.
Opinion relative to application of fire limit by-law to proposed structure for which permit requested.
Application of fire limit by-law to proposed garage structure-Advice.
Board of Assessors
Right to assess for 1935 moth tax certified late-Advice as to action.
Duty to recognize for assessment certain land of Housing Securities Corporation-Advice.
244
Petition for statutory exemption as to 1935 taxes by Nead, Adminis- trator Wilder Estate-Opinion as to same.
Taxation of land taken for sloping purposes along Washington Street at railroad crossing near Dean Street in connection with abolition of rail- road grade crossing-Advice as to question raised.
Duties of Assessors with respect to listing aliens in 1936 for poll tax purposes-Advice.
Plimpton Press tax appeal case as to 1934 taxes-Attention to papers, conferences, advice and preparation for hearing.
Plimpton Press tax appeal case as to 1933 taxes-Attention to papers as to decision and review of data.
Holliston Mills, Inc., abatement application for 1934 taxes-Advice as to situation.
Assessment to Atwood, Administrator of so-called Martin King land- Advice.
Review of draft of 1934 report.
Attention to budget expense requirements as to tax appeal cases relative to 1935 taxes.
Pending applications for tax abatements-Advice as to situation.
Gibbons tax appeal case as to 1935 assessment-Appearance, advice and preparation for hearing.
Town Treasurer and Collector of Taxes
Action as to notice by publication in Sullivan tax lien foreclosure case- Advice and attention to notice by publication and motion to default.
Action as to various tax lien foreclosure cases against Norwood Estates, Inc., and Housing Securities Corporation-Attention to papers, con- ferences and advice.
Withdrawal of decree of foreclosure and notice of disposition particularly with respect to eleven cases relating to Norwood Estates, Inc., land.
Nagle tax lien foreclosure case-Attention to Knight affidavit and to decree and other papers in case.
Eben F. Gay tax lien foreclosure case-Advice, conferences, correspond- ence and attention to papers and motion to discontinue on account of settlement.
Atwood tax lien foreclosure case-Attention to papers, conferences and law questions.
Tax lien foreclosure case, Switzer Property-Attention to papers and to discontinuance of case through settlement.
Chubet tax lien foreclosure cases-Attention to papers, correspondence. Pending tax lien foreclosure cases in general-Attention to situation resulting from death of Examiner Knight.
Board of Public Welfare
Various relief cases including old age assistance-Conferences with various officials, advice, correspondence and action.
Advice and action as to relief claims vs. Boston, Cambridge, Franklin, Braintree and Medway.
245
Notice to Norwood Hospital as to procedure in relief cases-Law re- viewed, letter drafted.
Town Clerk and Accountant, Clerk of Selectmen
Order of taking with respect to new streets laid out and accepted in so-called Westover tract-Advice, conferences and attention to draft.
Right to refund portion of druggist's alcoholic beverage license fees through reduction of fees for such licenses and right to reduce such fees once established-Conferences, law study and advice.
First Universalist Society in Norwood, Petitioner-Norfolk Probate Court case-Conferences, correspondence, advice and attention to papers including preparation of appearance and answer.
Form of article for town action with respect to acquiring Fales land for municipal purposes-Advice.
Form of agreement with land owners with respect to new ways in so- called Westover section, as to action by Selectmen-Conferences and advice.
Description in order of taking as to new street easements in Westover section-Conferences and advice.
Senate,bills 317 and 226, pending legislation and hearings-Conferences and advice.
Construction of new ways east of Nichols Street with respect to con- struction and Hellsten land purchase-Papers examined, advice and re- viewed order of taking.
Claim against Municipal Light Department-Advice.
Insurance coverage as to town employees relative to auto accident lia- bility and other questions-Advice.
Norwood Hospital relief claim as to Braintree settlement case-Advice.
Certifying papers required by F. E. R. A. on Sewing Project-Advice.
Map set up statement in article in special town meeting warrant for zoning by-law amendment-Advice.
Karki license transfer-Advice as to action.
Situation with respect to Chapter 90 funds-Advice.
Opinions to Planning Board and other matters-Advice.
Street construction by-law regulation-Advice and redrafting article for special town meeting warrant relative to road width of one way traffic streets.
Amendment to statutes relating to provisions required in bills of sale for property taken as security-Study and advice.
Relicf claims-Advice.
Drain easement situation in certain land being conveyed under town meeting action-Advice.
Interpretation of alcoholic beverage laws as to licensing of registered pharmacist as to requirement of active conduct of business-Advice.
Articles in annual and special town meeting warrants and motions under same-Reviewing and preparing drafts and attention to questions raised and involved in subject matters.
246
Extension of Nahatan Street to Neponset Street and as to course of action with respect to situation with particular reference to funds from State Department of Public Works-Advice.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.