Norwood annual report 1936-1938, Part 17

Author: Norwood (Mass.)
Publication date: 1936
Publisher: The Town
Number of Pages: 1104


USA > Massachusetts > Norfolk County > Norwood > Norwood annual report 1936-1938 > Part 17


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Norwood vs. American Glue Company (No. 9919). Petition filed December 21, 1936. Pending.


Norwood vs. Alfred E. Anderson (No. 9920). Petition filed December 21, 1936. Pending.


Norwood vs. Alfred L. Atwood (No. 9921-three parcels). Petition filed December 21, 1936. Pending.


Norwood vs James M. Folan (No. 9922-ten parcels). Petition filed December 21, 1936. Pending.


Tax Appeal Cases


There was pending on the first of the year for hearing before the State Board of Tax Appeals the petition of the Plimpton Press 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 application made therefor. In the report of this department for last year it was indicated that negotiations between the Board of Assessors and the taxpayer had been had with a view to dispose of the appeal without a hearing and that the hearing was awaiting the outcome of such negotiations. An agreement between the parties was reached through further negotiations and the appeal of the taxpayer was withdrawn on March 6, 1936


Several claims against the town referred to this department by the Selectmen either through Clerk Pendergast or General Manager Kendrick had attention and advice, as to liability with respect thereto, was given after investigation. In one instance a small claim for property damage resulting from a defective street condition was settled on the basis of


78


liability indicated and as to other claims no liability was found to exist and the course of action was governed accordingly.


General


Other matters as to which services were rendered by way of advice or otherwise, and as to which brief reference appears to be justified, are set forth in the following form under the headings of the respective depart- ment and officials immediately concerned with the same.


Selectmen


Preparation of summary of records for 1935 report.


Right to provide transportation expense for pupils to Horace Mann School-Advice.


Questions as to rights and duties of Selectmen as to the appointment of Assessors-Review of law and advice.


Questions as to powers and duties of General Manager and Selectmen respectively with reference to Police Department salaries and application of Civil Service Laws-Review of law and advice.


Committee status of group with respect to proposed new electric service rates-Review of recent legislation and advice.


Attention to motions under articles in annual and special town meeting warrants.


Rights and duties of Selectmen with respect to action taken at special town meeting under Article 3 relative to appointments to Committee on Tax Reduction and Town Development-Advice.


Status of action taken on June 2, with respect to appointment of As- sessor to fill vacancy- Study of record, review of law questions, opinion rendered.


Review of draft of park regulation-Law examined and draft revised.


Right of Selectmen to grant a hearing on violation of liquor license con- ditions through reconsideration of earlier action taken-Advice.


Action of Selectmen with respect to trespassing rules at White Mike's Field-Advice.


Local application of new legislation as to contributory retirement system -Advice.


Right of Selectmen to appoint certifying agency with respect to W. P. A. projects under Federal regulation-Review, study of questions involved, conferences with Federal officials, opinion rendered.


Buckmaster Pond water supply pollution prevention and application of rules and regulations of State Department of Public Health-Situation and rules and regulations reviewed, conferences with State officials and advice.


Question of control of loam stripping activities by zoning by-law or otherwise-Advice as to question raised.


Claim based on steam shovel happenings-Consideration of subject matter, view and advice.


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Certain claims-Consideration and advice.


Summarizing records in preparation of data for 1936 report.


School Committee


Milk Fund situation as presented-Review of law and advice.


Questions relating to School Superintendent situation and incidental matters-Conferences and advice.


School transportation questions-Law reviewed, opinion rendered.


Questions relative to the health supervision of school children-Opinion rendered.


Liability for compensation for injuries to students aided by National Youth Administration-Attention to papers and opinion rendered.


National Youth Administration situation-Opinion rendered.


Right of School Committee to furnish transportation for pupils attending outside schools for instruction in sight saving and lip reading purposes- Review of law, conferences with State officials and advice.


Duty of School Committee with respect to dealing with parents or others as to school matters in given Norwood and Westwood situations outlined-Law examined and advice to Superintendent.


Playgrounds and school land questions-Opinion to Superintendent.


Right to contract for period of years by School Committee for free transportation of pupils-Law examined, opinion to Superintendent.


Transportation to vocational school in Weymouth for high school graduate expense questions-Conferences with officials and advice.


Claim for school tuition of ward-Advice and collection of claim.


Transportation of parochial school pupils situation-Law reviewed and opinion rendered to Superintendent.


Question as to admission charge at Thanksgiving Day football game- Advice.


Duty of School Committee with respect to use of school buildings for religious organization or religious worship-Review of law and opinion rendered.


Finance Commission


Advice as to providing funds for expense of special committee as re- quested.


Board of Health


Course of action with respect to a certain case-Attention to papers and advice.


Authority to remove for treatment persons afflicted with disease dan- gerous to public health and course of action as to disease dangerous to public health-Opinion rendered.


Alleged smoke nuisance complaint questions-Attendance at hearings


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review of law and situation, conferences with State officials and others and opinion as to questions raised and as to control action.


Abatement of alleged hennery nuisance-Advice.


Duty to furnish information requested with respect to garbage removal contract and action taken by Board of Health. Examination and review of law and advice.


Duty in situation with respect to possible pollution of Buckmaster Pond water supply and as to protective action-Advice as to same and incidental matters.


Clinton garbage contract extension questions-Advice.


McDonough garbage removal contract-Preparation of draft and advice as to same and incidental questions.


Threatened court action and public character of records in relation to same-Review of law and advice.


Attention to litigation over garbage removal contract award to Mc- Donough and advice as to McDonough surety bond.


Consideration of anticipated mandamus action as to law and facts- Advice Re same.


New milk and cream regulation by way of amendment of existing Board of Health rules-Review of law, conferences with State officials, and re- porting redraft of regulation as Section 19, Chapter 13 of Norwood Health regulations in alternative form-Advice as to extension of time when the regulation adopted should become effective.


Opinion as to application of new regulation to small milk producers.


Planning Board


Review of draft of final report with recommendations of Planning Board with respect to amendments to the Zoning By-Law and advice.


Advice as to form of notice to amend Section 22, Zoning By-Law.


Inspector of Buildings


Application of Zoning By-Law to certain proposed residence structure- Review of law and opinion.


Advice as to alleged violations of Building By-Law and Zoning By-Law.


Duty as to garage on Cedar Street (fire damage) also as to Washington Street property situation and the Fire Limit By-Law.


Situation on Washington Street in business district in respect to ques- tion of manufacturing as violation of Zoning By-Law, and as to oral com- plaint-Advice as to course of action.


Fire Department


Situation as to action by a certain concern under fuel oil storage license for 1931-Conferences with State Officials and Chief Earle, review of law and papers and opinion rendered.


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Board of Assessors


Plimpton Press tax appeal cases-Advice as to status and negotiations.


Martin King property title questions-Advice.


Tax abatement hearings and action-Advice.


Guy I. Gibbons tax appeal case-Attention to disposition by with- drawal.


Status of abatement applications-Advice.


Situation as to applications for abatement and budget requirements for tax appeal cases.


Taxation of property of Norwood Civic Association acquired from Norwood Estates, Inc., in existing situation-Law examined, study of property and advice.


Assessment of such property as to 1936 set-up; conference with State officials.


Conference with State officials Re division of Norwood Estates, Inc. land as to 1935 taxes of which Norwood Civic Association land was a part- Advice Re assessment set up questions.


Bird & Son, inc. tax abatement disposition and course of action as to industrial plant's taxation values disputes-Advice.


Taxability of real estate for charitable corporations-Advice.


Chairman duties-Advice.


Duty to apportion tax on land in case of violations of Building By-Law. Advice to Assessors as to various matters.


Application of Norwood Civic Association for exemption of properties from 1936 taxation-Conferences with State officials and Assessors and advice as to same and as to hearing on application.


Review decisions of Board of Tax Appeals in tax assessment cases for advice purposes.


Course of action with respect to notification of denial of tax exemption. Attention to Assessors' expense, estimates for budget items for 1937.


Town Clerk and Accountant and Clerk of Selectmen


Expense liability in Mullane accident situation-Questions, law ex- amined and advice.


Review and revising draft of annual town meeting warrant-Questions Re action under Article 1 of annual town meeting warrant, law examined and advice.


School fund situation-Accountant questions and advice.


Simpson Bros. contract Re bridge construction-Study and advice as to liability for payment in excess of estimated amount and proposal.


Liability of town under Simpson Bros. contract for amount billed in completion of contract in excess of proposal figure-Advice.


Liability of towns for action of Superintendent of Streets-Review of recent decisions and discussion.


Conference Re budget and annual town meeting matters.


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Drafts of articles for special town meeting warrant-Review, revising, advice as to same and incidental matters.


Rich claim for reimbursement for sewer assessments alleged to have been improperly assessed-Law Examined and advice.


Application of new legislation (Chapter 76, Acts of 1936), in form of Section 119A, Chapter 164, General Laws, as to detail on electric light bills-Examination of law and advice.


Motions under articles in annual and special town meeting warrants- Attention and advice.


Fulton accident claim-Attention and advice.


New legislation as to notice in eminent domain takings-Advice.


Abatement of betterment assessments on Norwood Estates, Inc. rear land on Nichols Street Extension remaining after alienation of front land- Questions, advice.


Status of By-Laws relative to hawkers and peddlers licenses in light of statutory provisions later enacted with respect to duty of Selectmen to license under regulations and form of same-Advice.


Licenses and permits relative to gasoline-Law reviewed and advice.


Riemer and Williamson deeds, Bond Street land-Advice Re cor- rection.


Innholders questions as to what constitutes (in use of Superhighway) business property-Discussion.


Zoning By-Law questions involving certain alleged specific violations as to action thereon-Advice.


Right of town to take conveyance of real estate of welfare recipient for past and future aid-Law examined and advice. Opinion as to security from relief recipient who has real estate.


Restrictions as to time of sale of liquor on Memorial Day by licensees under Section 12, Alcoholic Beverages Law-Law review and advice.


Reviewing and revising draft of notice of hearing by Planning Board on Zoning By-Law amendment-Advice.


Status of new way through Westover (Norwood Estates, Inc.) property as to W. P. A. work and Federal contributions-Advice.


Transportation expense of pupil (high school graduate) at Weymouth Vocational School-Advice.


Abolition of local tax on machinery Re legislation-Advice and study of law relative to change in local taxation machinery of manufacturing corporations.


Security for advances to welfare recipients-Advice.


New legislation regulating "Beano" games-Study and advice.


Character of notice of intention to layout new way as to betterment assessment-Advice.


Agrcement Re assignment as to town creditor-Advice.


Course of action Re layout of proposed new way through tax title and playground land in part-Advice.


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Course of action with respect to taking of an easement for the water main and in conjunction therewith an easement for electric light poles and wires-Advice.


Right of Selectmen as Playground Commissioners to improve a play- ground by putting in a way-Law examined and advice.


Set-up of articles in special town meeting warrant-Advice.


New legislation as to old age assistance questions-Advice.


Amount of bond as to new garbage removal contract-Advice.


Matters for special town meeting action and reviewing warrant as published and study of drafts and motions under articles in special town meeting warrant-Advice.


Right to summon witnesses in hearing on liquor license violation com- plaint-Advice.


Dexter claim-Advice.


Transportation expense of deaf pupils attending Horace Mann School in Boston for lip reading instructions-Law study, conferences various officials, and opinion rendered.


Existing situation as to enforcement of rules and regulations of State Board of Health in the prevention of pollution on shores of Buckmaster Pond-Questions reviewed, law examined, advice.


Advice Re application of State Board of Health rules and regulations to proposed development plan in the vicinity of Buckmaster Pond- Advice.


H. accident claim-Papers examined, review of law and advice as to form of request for sufficient legal notice.


Questions relating to vacation rights for employees under statute as to term of service-Advice.


Questions Re modified form of druggists' license and applications for renewal licenses where death of party has occurred previously with respect to sales of intoxicating beverages-Advice.


Use of school buildings for "Beano" games-Advice.


Garbage contract litigation-Conference.


Donovan claim-Attention to papers and advice.


Set-up of school pupils transportation expense-Advice.


Town Treasurer and Collector of Taxes


Esther Berger bankrupt estate-Attention to papers, preparation of claims and filing and advice.


Petitions and accompanying papers for foreclosure of tax title liens- Review, advice, action and conferences with Title Examiners.


Title in town under tax lien foreclosure decree with respect to sale of Railroad Avenue (Sullivan) land so-called-Examination of law and advice. Also as to form of agreement for sale and deed.


Drafting agreement of sale and quitclaim deed.


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1


Land Court case No. 6168 Fongallaz land-Attention to papers and advice Re situation.


Action Re registration of title to land including attention to papers and advice. Preparation of petition, attention to same and filing.


Attention to data for and disposition and decrees of various tax lien foreclosure cases.


Draft of deed Re Neponset River improvement (Gay) land.


Cause of action by mortgagee with respect to pending tax lien case- Law examined and advice. Attention to redemption questions.


Redemption of land and tax title by wife of taxpayer owner-Law examined and advice.


Board of Public Welfare


Various claims, questions and situations involving public assistance given, mothers' aid rendered and old age assistance-Advice.


Relief claim vs. estate in hands of Public Administrator Bailen-Advice.


Application of decision in Symmes Arlington Hospital vs. Town of Arlington case.


Dr. Allendorf claim for medical relief furnished-Opinion.


Policy with respect to medical treatment in doctors' claims in needy hospital cases.


Liability of prospective husband for support of illegitimate child of prospective wife.


Liability for Norwood Hospital accident relief cases.


Future policy with reference to admission or non-admission of liability for Norwood Hospital accident relief cases-Advice.


Mother's aid case-Advice.


E. B. Pendergast Company claim for merchandise furnished-Opinion as to liability.


Suit by trustee process for relief furnished.


Law review-Liability of town in hospital relief cases.


New old age assistance law-Advice.


Form of reply to notices in hospital relief cases, and opinions as to course of action in Norwood Hospital relief claims.


Right to collect from place of settlement expense for care of person afflicted with dangerous disease.


Advice Re new regulations by State Department as to administration of Old Age Assistance Law-Advice.


Duties of Board as to applicants for relief who are not settled in Com- monwealth-Law examined and advice.


Conference Agent Latham and Assistant Treasurer of Norwood Hospital Re future course Re hospital expense in relief cases involving town liability.


Provisions of Chapter 436, Acts of 1936 (Old Age Assistance Law)- Advice.


Conferences with State official and Chairman of Board of Public Welfare Re question relative to new Old Age Assistance Law.


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Attention to papers, conferences and law examination Re various relief claims and action and particularly claim vs. Commonwealth for hospital care of non-settled case.


Belmont indebtedness Re certain relief case-Advice.


Right to recover from estate of old age assistance recipient-Advice.


General Manager


Mullane accident expense payments-Advice.


Contract and bond between town and James A. Monroe & Company relative to water treatment (iron removal) plant-Review of drafts, advising as to revision and approval.


Report from expert as to merits of boilers upon which bids furnished for installation at Shattuck School-Advice.


Drafts of contracts for P. W. A. projects-Study and advice.


Draft contract documents accompanying papers relative to P. W. A. project No. 1317-B (fire alarm system improvement) and changes and additions to municipal light building to house new equipment-Study, examination of law and opinion Re approval as to form.


Amendment to rules and regulations governing licenses for gasoline filling and service stations on State Highway, Route 1-Review of law, revising, advice and opinion.


Situation and action with respect to bids for road material in light of protest.


Law applicable to additional electric current connection at Norwood Hospital-Advice.


Memorandum of law and opinion relative to requirement of law that contracts be let to lowest bidder in competitive bids.


Compensation liability of town for injuries received by former W. P. A. employees given relief employment in Public Works Department-Advice.


Certain pending claims for injuries-Advice.


Alleged smoke nuisance situation-Advice.


School bus transportation-Opinion.


School milk supply purchasing jurisdiction-Opinion.


Situation as to bidder for public ways road material contract-Law examined and advice.


Donahue compensation claim-Law examined and advice.


Discontinuance of water supply to property at No. 347 Walpole Street -- Study of statutes, examination of law and advice as to course of action in situation.


Property damage claim vs. Rogers-Study papers, correspondence with insurance company, advice, attention to settlement, including release.


Liability Re steam shovel situation-Advice.


Buckmaster Pond pollution prevention regulations and application, attention to papers, also situation as to building operations adjoining Pond with reference to possible pollution-Advice.


Water rates lien-Advice.


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Study Zoning By-Law-Opinion as to application of same to loam re- moval as a business enterprise in general residence district.


Release from Bird & Son, inc. of land adjoining St. Joseph Avenue for turn-around, so-called-Attention to papers and plan, drafting release, conference with counsel, law examined Re questions involved and advice.


Attention to data, examination of law and advice as to situation as to present title relative to right of possession of Pond, et al property (as taxed) with respect to question of authority to shut off water service to dwelling.


Course of action in employee's compensation case-Advice.


Information to W. P. A. officials as to claim for injuries of W. P. A. worker from fall from truck-Advice.


Advice as to liability for icy sidewalk resulting from water flowing from adjoining land.


Glacier Sand and Stone Company claim-Papers examined, view at White Mike's Field and advice as to liability.


Registrars of Voters


Question of registration of one otherwise qualified to vote during period of residence elsewhere-Advice.


Procedure as to papers on application for registration of female citizen derived from husband's naturalization-Study of law and advice.


Questions Re registration of naturalized citizens and domicile of regis- tered applicant-Advice.


Information to voters as to questions on November election ballot, namely, Chapter 518 Acts of 1936, relative to contributory retirement systems and relative to proposed constitutional amendment-Study of Act and advice Re preliminary action.


Expiration of period for certification of nomination papers in view of Friday, January 1, 1937 being a holiday-Law reviewed and advice.


Recount duty with respect to time of notice to candidates in Lieutenant- Governor contest under Chapter 54 General Laws-Advice.


Peabody Fund Committee


Conferences with officials and others Re situation and further action by Committee.


Conferences with and advice to town officials Re proposed action with respect to location situation and action by existing special town com- mittee.


Miscellaneous


Preparing data for and drafting Town Counsel's 1935 report.


Review of court decisions with particular reference to municipal ques- tions.


Review of law applicable to relief liability claims.


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Review of new legislation with reference to taxation and other recent legislation.


Study of Board of Tax Appeal decisions as reported by Commissioner Long.


Review of deed with accompanying plan from Holliston Mills, Inc. to town of land covered by wing-wall at Nahatan Street underpass.


Review of law Re taxation of charitable corporations.


Review of Cleveland deed and plan of Pleasant Street land by way of gift to town. Advice as to corrections, etc. and attention to perfecting changes in deed.


Review of Old Age Assistance legislation and machinery taxation legis- lation.


Review of Winchester traffic regulations.


Attention to preparation of budget estimate for 1937 expense of Law Department and report Re same to Finance Commission, Selectmen and Town Accountant.


Conclusion


The situation at the end of the year with respect to claims and litigation involving the town compares favorably with that which has existed in recent years excepting from consideration, however, the pending suit brought by the City of Boston on alleged relief claims as reported above but as to which recovery against the town in any sum even approximating that sought is not to be expected. In the light of present information there appear to be no large claims against the town in prospect.


The confidence and consideration extended by the Selectmen and the other officials and employees of the town and in particular the uniform cooperation shown by Clerk Pendergast and General Manager Kendrick to this department are appreciated and acknowledged.


Respectfully submitted,


JAMES A. HALLORAN, Town Counsel


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BOARD OF PUBLIC WELFARE


The Norwood Board of Public Welfare submits the following report for the year ending December 31, 1936.


The Welfare Board organized on the first meeting in June, 1936 as follows: Clement A. Riley, Chairman; Margaret M. Giinthner, Secretary; C. Roger Pearson.


The number of cases and types of aid rendered are listed by monthly totals in the following table.


Mothers' Aid


Tem- porary Aid


Tem- porary Aid Unem- ployment


Board


in Family


Institu- tional


Hospital


Total


Jan.


21


31


64


33


8


1


158


Feb.


21


30


69


29


8


3


160


Mar.


19


29


69


29


10


5


161


April


21


27


64


31


8


5


155


May


18


27


59


30


8


4


146


June


18


26


59


36


8


3


150


July


18


23


52


33


8


3


13


Aug.


18


24


48


33


8


2


133


Sept.


19


25


50


31


8


3


136


Oct.


19


20


59


28


8


3


127


Nov.


18


18


51


28


8


1


124


Dec.


17


20


52


32


8


3


132


The Federal Surplus commodities were available throughout the year for Welfare recipients and were distributed weekly by the W. P. A. Dis- tribution Project.


Works Progress Administration workers and needy persons endorsed by churches and charitable organizations also participated in the distri- bution of these surplus commodities.




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