USA > Massachusetts > Norfolk County > Norwood > Norwood annual report 1936-1938 > Part 64
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said suit. An agreement was reached with counsel as to the amount of the damage sustained subject to liability on the part of the defendant being established. This action was consolidated for trial with actions brought by Julia Smith vs. Fireman James D. Balfour, the operator of the fire truck, for personal injuries sustained by her and by Roger Connolly as owner against said operator for property damage. Said actions were not reached for trial by jury during the year 1938 but were held for trial in January 1939 at the jury session of the Superior Court beginning in that month, and will be subject to report as to developments and disposition in the report for the year 1939.
Jennie MacDonald vs. Norwood: By writ issuing out of the Superior Court for Norfolk County on December 30, 1938, and returnable on the first Monday of February, 1939, Jennie MacDonald of Providence, Rhode Island brought an action of tort against the town through which she seeks compensation for personal injuries alleged to have been received on May 12, 1938 by reason of a defective street condition on Hoyle Street. The ad damnum of the writ is $10,000 but it is not to be expected, however, that said sum represents the amount of the recovery hoped for or actually sought. The town does not admit liability and is defending against the claim. Whether or not the case will be reached for trial during the year 1939 is uncertain.
CLAIMS
Certain claims against the town referred to this department by the Selectmen through Clerk Pendergast or General Manager Kendrick and one claim referred by the School Committee had such necessary attention as appeared to be required through advice as to liability furnished after investigation and appropriate action thereafter and through disposition upon approval given in the manner directed, namely :
Mrs. John F. Bryan: Claim for personal injuries sustained through alleged defective condition of steps at Junior High School Building while descending the same upon leaving the building on December 21, 1937. Although liability was denied a compromise settlement of the claim by negotiation on very favorable terms was made and a release of all claims furnished by Mr. and Mrs. Bryan. The settlement was approved by the School Committee and the amount paid was $150.00.
May Nelson: Claim for personal injuries suffered through an alleged defective condition on Washington Street on August 19, 1938, as notified to the town. It developed on investigation that the responsibility for the condition alleged to be defective rested with the Norwood Gas Company by way of indemnification of the town against such a claim and from in- formation received settlement of the claim was made direct with said claimant by said Norwood Gas Company.
Agnes A. Fraser: Claim for personal injuries sustained on October 27, 1938, through an alleged defective condition in the sidewalk on Washing-
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ton Street and formally notified in writing on November 23, 1938. On investigation it developed that responsibility for the condition alleged to have existed and which caused the injuries for which claim is made ap- peared to rest on The Home Building Company, Inc. of Walpole, Massa- chusetts and negotiations were under way at the end of the year to bring about a recognition of such responsibility and thus to relieve the town from defending or otherwisc dealing with the claim. It is expected that the ultimate liability of said corporation, if liability appears to exist, will be acknowledged by it and that there will be no further occasion for the town to act in the matter.
The necessary attention was given to the disposition of the Elsie M. Turner claim in January of 1938 by compromise settlement as stated in the report for the year 1937.
The claim of Norton and Earle Sound Service, so-called, with reference to police radio installation had further attention at various times through the year, principally in the form of a number of conferences with General Manager Kendrick and attention to reports by an expert and conference with said expert, advising as to procedure and as to proposal for com- promise settlement of claim. The town has denied liability and its posi- tion in that respect has not changed and the claim remains inactive.
Claims for reimbursement for relief furnished to recipients in the form of public assistance and hospital care, who were settled elsewhere than in Norwood, have. had appropriate attention with results as follows:
Norwood vs. City of Chicopee: As stated in the report for the year 1937 to be pending at the end of the year, this was a suit based upon a claim for welfare and hospital relief furnished to certain persons having settle- inents in Chicopee. The prospective settlement of the case without trial as then reported was accomplished in April 1938 by an agreement for judgment in the sum of $72.15 damages and $10.15 costs and through satisfaction by payment of said amounts under execution which issued on said judgment.
Norwood vs. Town of Dedham: Settled in full without suit by payment of $123.50.
Norwood vs. Town of Hanover: Settled in full without suit by payment of $20.00.
Norwood vs. City of Marlborough: Settled in full without suit by payments of $91.25 and $81.25.
Norwood vs. Town of Seekonk: Settled in full without suit by payment of $274.00.
There is also pending a claim against Westwood for hospital and other welfare relief furnished to an alleged Westwood settled recipient which is in dispute and with respect to which compromise settlement has been sug- gested by counsel for Westwood, the amount involved being $521.82. The claim will be put in suit unless satisfactorily settled otherwise, as de- termined by the Board of Public Welfare.
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Tax Lien Foreclosure Cases
Petitions filed in the Land Court through this department in behalf of the town by Town Treasurer and Collector of Taxes Sullivan for the fore- closure of tax title liens with respect to the various properties as detailed in the respective petitions, which were pending on January 1, 1938, and had the required attention and which were brought during the year and the status of the same are briefly reported as follows:
Pending on January 1, 1938
Norwood vs. Walter E. Bailey, Jr. et al ( No. 6162): Motion for general default filed September 23, 1937. Foreclosure decree and notice of final disposition filed with Norfolk Registry of Deeds on March 9, 1938.
Norwood vs. Hyman Miller ( No. 10641): Motion for general default filed October 23, 1937. Motion to set down for hearing April 6, 1938. Hearing Land Court April 13, 1938. Respondent defaulted; decree April 21, 1938. Notice of final disposition filed with Norfolk Registry of Deeds on April 25, 1938.
Norwood vs. Abram Deeb and Elizabeth Deeb ( No. 10642): Motion for general default filed November 22, 1937. Withdrawal of appearance and objections by Attorney for Respondents filed March 4, 1938. Decree March 21, 1938. Notice of final disposition filed at Norfolk Registry of Deeds March 29, 1938.
Norwood vs. Alfred L. Atwood and May Wells Atwood ( No. 11755-3 parcels): Parcel No. 1, petition withdrawn on motion allowed July 29, 1938, by reason of redemption of tax lien.
Motions for general default as to parcels No. 2 and No. 3 filed July 25, 1938. Foreclosure decree entered August 30, 1938. Notice of disposal filed with Norfolk Registry of Deeds September 12, 1938.
Brought during year 1938
Norwood vs. John Booabdallah ( No. 12319): Petition filed March 14, 1938. Decree August 1, 1938. Notice of disposal filed with Norfolk Regis- try of Deeds August 16, 1938.
Norwood vs. Housing Securities Corporation ( Nos. 12320 through 12327 and 12329 through 12332): Petitions filed March 14, 1938. Motions for general default filed July 22, 1938. Appearance and answer by respondent through counsel. Pending under direction of Town Treasurer and Collec- tor of Taxcs to permit redemption of tax liens on request.
Norwood vs. Norwood Civic Association (No. 12328): Petition filed March 14, 1938. Motion for general default filed July 22, 1938. Appear- ance and answer by respondent through counsel. Pending under direction of Town Treasurer and Collector of Taxes to permit redemption of tax lien on request.
Norwood vs. Louis Max et al ( No. 13889): Petition filed October 24, 1938. Pending and subject to decree if title not redeemed by May 1939 through agreement.
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Norwood vs. Alfred L. Atwood ( No. 13890-4 parcels): Petition filed October 24, 1938. Pending.
Norwood vs. George and Annie Galvanosks (Galvinos) (No. 13891): Peti- tion filed October 24, 1938. Pending.
Norwood vs. Carrie M. Hunt, et al (No. 13892): Petition filed October 24, 1938. Pending.
Norwood vs. Housing Securities Corporation ( No. 13893-5 parcels): Pe- tition filed October 24, 1938. Pending.
Tax Appeals
Norwood Civic Association, Appellant vs. Board of Assessors of the Town of Norwood, Appellee (No. X-9717): This case was reported as pending for hearing at the close of the year 1937. On December 14, 1938, upon hearing reached, the appeal was withdrawn and the case was thus con- cluded.
Helenna Ambruskevicz, Appellant vs. Board of Assessors of the Town of Norwood, Appellee (No. X-18432): Appeal to State Appellate Tax Board from refusal of the Appellee to abate a tax for the year 1938 assessed on a parcel of real estate situated at No. S Talbot Avenue and consisting of a two-family frame dwelling, garage and land. The assessed value of the property for said year was $6,200 and the claim is made that the property was over-valued. Following application for an abatement made on Septem- ber 8, 1938, the Appellee rendered its decision denying the abatement on September 17, 1938. Appearance for the Appellee filed October 21, 1938. The case is pending for hearing when reached.
General
Other matters as to which services were rendered by way of advice or otherwise and, as to which brief reference is made, are set forth in the following form under the headings of the respective departments and officials concerned with the same.
Selectmen
Appointment of smoke inspector-Examination of law and advice.
Beano game questions-Law examined, opinion rendered re authority of town to rent public school building for purpose of operating beano game. Advice re suggested future action with respect to beano game licensing.
Controlling character of amendment voted at annual town meeting for appropriation for equipment for fire department-Advice.
Application of statutes and zoning by-law to proposed conduct of golf driving range on land adjoining superhighway-Advice to Clerk.
Control of contract awards involving amounts in excess of $500-Ad- vice.
Review of charter provisions re Selectmen's control of purchasing by General Manager in instances involving more than $500 also review of by-law re same-Opinion rendered re submission to Selectmen of proposed
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contracts before award made, and as to power to take oversight of proposed contracts for purchases of supplies.
Review of zoning by-law and opinion re questions raised as to conflict with zoning by-law provisions of proposed conduct of golf driving range on superhighway involving general residential district zone.
Placing lifeguards at Willett Pond on property of Norwood Civic Asso- ciation during bathing season with particular reference to its effect preju- dicial or otherwise upon tax appeal case pending also re obtaining funds for purpose and permission to station lifeguards on property-Advice.
Situation as to extra work in dental clinic and right to create indebted- ness for same and course of payment-Advice to Clerk.
Appointment by Selectmen of one of their own number to a temporary membership in Board of Public Welfare-Advice to Clerk.
Duty of Selectmen to construct sidewalks in new ways-Law reviewed and opinion to Selectmen.
Set up of orders of taking of certain parcels of land for public playground purposes under vote at special town meeting held July 25th-Law exami- nation and advice also conference with Clerk and reviewing and revising drafts of releases and conveyances by certain parties with respect to parcels of land so taken.
Question of providing for expense of future sidewalk construction pro- posed for insertion in certain new street lay outs-Advice to Clerk.
Opinion to Selectmen re providing sidewalks or footpaths for pedestrians within the limits of ways as laid out.
Opinion re future sidewalk expense and proposed set up as to same in lay outs of certain streets in Westover section.
Opinion re future sidewalks under lay outs in proposed new town ways as to expense assessment questions.
Effect on removal election of failure to give written notice of receipt of certified petition for recall of given Selectman-Law examined re lack of written notice and advice given.
Action as to General Manager situation particularly as to salary ques- tions-Advice.
Advice given when and as requested with respect to proceedings directed to the removal of William C. Kendrick from the office of General Manager under appropriate provisions of the Town Charter Act, so-called, and preparation of certain papers incidental thereto for use by majority mem- bers of the Board of Selectmen as constituted prior to the recall election of Selectmen instituting the removal action and advice given and papers prepared in like manner as requested by Selectmen replacing recalled Selectmen and their associates in the newly constituted Board, detail of which does not appear to be necessary for the purposes of this report.
Attention to action requested with respect to status as to special counsel retainer of Attorney Farnum.
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Prospective legislation to be recommended by Special Committee on Metropolitan District Activities-Attention as requested.
Right of Selectmen to impose conditions as to sign location on Santoro property under skating rink license-Law examined, advice to Clerk.
Bond requirements under Section 4 Article XI of by-laws-Conference with Clerk.
Application of provisions of Section 4 Article XI of by-laws relative to bond requirements as to spot contracts in excess of $1000 as well as to time contracts-Opinion.
Application of land damages awarded to unpaid taxes of land owner where mortgagees were interested parties-Advice to Clerk.
Consideration given, as requested, to amendment of Section 4 Article XI of by-laws to make its provisions permissive instead of mandatory and attention given to set up of proposed amendment.
Question of grant of Sunday license for operation of roller skating rink on superhighway premises re authority-Law examined and opinion rendered.
Draft of suggested amendments to Sections 3 and 4 of Article XI of by- laws presented as requested and prepared.
Attention to proposal of representatives of the Massachusetts Agricul- tural Improvement Association as to proposed organization of Norwood- Canton Improvement Commission with respect to purchase of airport lands, etc. involving action by Selectmen of Norwood and Canton. Study of plan presented, attendance at numerous conferences with Selectmen and others, review of law and report on proposal with relation to legality and other phases of the matter.
The necessary attention was given to the payment by negotiation by the title owner of betterment assessments remaining to be paid under appor- tionment on the properties fronting on Nichols Street formerly owned by Charles P. Pond and others, and to other matters involved upon report to and approval of Selectmen.
School Committee and Superintendent
Questions relative to tuition as to school pupils-Conferences with Superintendent and others, law examined and opinion given.
Various old tuition claims and course of action with respect to collection -Advice to Superintendent.
Requirements of Division of State Department of Education as to re- tarded children-Advice to Superintendent.
Financial situation re meeting expense of teaching of Italian in high school under Chapter 241 Acts of 1938-Examination of law and advice to Superintendent.
Advice to Superintendent on a certain pupil situation as to limiting school activities on account of physical disability.
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Right of appointive official to hold elective office-Advice to School Committee member.
Town Treasurer and Collector of Taxes
Sale of parcels of land under tax lien foreclosure-Advice.
Prepared drafts of deeds for conveyance to purchaser of properties ob- tained by the town through tax lien foreclosure.
Attention to various tax lien foreclosure cases through Land Court pro- ceedings as follows: No. 10648 (Palumbo), No. 10642 (Deeb), No. 10641 (Hyman Miller), No. 11755 (Atwood), No. 12320 through 12327 and12329 through 12332 (Housing Securities Corporation) and No. 12328 (Norwood Civic Association), No. 13889 (Louis Max), No. 13890 (Alfred L. Atwood), No. 13891 (George and Annie Galvanosks (Galvinos), No. 13892 (Carrie M. Hunt, et al), No. 13893 (Housing Securities Corporation-5 parcels), including as and when required filing of papers, appearances, default mo- tions, attention to decrees, hearing attendance, conferences and corre- spondence with results as indicated elsewhere in this report.
Finance Commission
Resolution with respect to action under Article 5 of special town meeting warrant relating to Chapter 466 Acts of 1938 which deals with the financing of an addition to the Senior High School building to house the proposed Peabody School for Girls-Draft prepared.
Action as to application for transfer of reserve funds to meet Temporary General Manager's salary-Law examined and advice given.
Farnum claim-Attention as requested.
Board of Health
Abatement of alleged nuisance (plumbing situation) Oolah Avenue prop- erty-Law examined and advice as to action.
Garbage collection situation and rights of contractor under existing agreement as respects private garbage collection without permits-Advice.
Requirement of permit for distribution of copies of local newspaper- Advice as to question raised.
Action with respect to case involving communicable disease-Law ex- amined and opinion furnished, based on refusal of party involved to re- ceive treatment.
Further attention to situation with respect to complaints made against American Brake Shoe and Foundry Company of nuisance created by operation of plant.
Board of Assessors
Advice re title-holder subject to assessment of certain real estate con- veyed by one party to another for use of said first named party-Statutes examined, conference with Clerk.
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Advice as to situation with respect to Bruzga Block, so-called, in South Norwood, in relation to existing assessments and as to re-assessment.
Attention to 1938 legislation affecting Assessors, also to Appellate Tax Board decisions.
Status of application for abatement signed in behalf of Norwood Co- operative Bank by its Treasurer-Law examined and advice given.
Rejection of application of First Realty Company-Law examined, opinion prepared with draft of letter.
Attention to tax appeal case of Helenna Abruskevicz as required, which case is reported elsewhere herein.
Further attention to the tax appeal case of Norwood Civic Association including preparation for hearing and attendance at same, preparation of requests for rulings of law and findings of fact, conferences, correspondence and attention to data and law questions and dealing generally with devel- opments as required, and acting generally under direction of Board of Assessors.
Board of Appeal
Opinion to Chairman Baker re interpretation of Sections 11 and 12 of zoning by-law.
Opinion as to procedure under zoning by-law in light of provisions of Section 30 of Chapter 40 General Laws.
Reviewing and revising draft of appeal under zoning by-law to Board of Appeal from action of Building Inspector.
Board of Public Welfare
Attention to action on request with respect to recipients of relief who are receiving or may receive state unemployment compensation and drafted affidavit for use of Board of Public Welfare with respect to relief recipients who have a status under the unemployment compensation act.
Advice with respect to illegitimate child situation as to relief claim.
Attention to and necessary action taken as to various claims for hospital care and other forms of relief involving the towns of Hanover, Sharon, Westwood, Seekonk and Dedham and the City of Marlborough. See elsewhere in this report results of action taken.
Various matters involving parties not to be named had attention by way of advice and otherwise, including certain claims settled by payment.
Duty of parents to continue to make contribution under court order to support son after becoming twenty-one years of age-Law examined and advice given.
Advised that Board of Public Welfare was without right to purchase direct coal and oil for distribution but must act through General Manager.
Petition for contempt prepared and filed in Norfolk Superior Court for failure to make payment under court decree by way of contribution to relief expense. Attendance at hearing with the result that payments in arrears were made and parties purged of contempt.
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Set up of form of mortgage and bond in old age assistance cases-Advice and review of draft form.
Planning Board
Conference with and advice to Chairman Mahony re jurisdiction as to drafting new edition of zoning by-law.
Board of Registrars of Voters
Conference with Clerk, law examined and advice given re right to regis- ter married woman claiming to dwell or have her home in Norwood separate and apart from husband domiciled elsewhere in the state.
Conference with Clerk and advised re jurisdiction as to appearance on official ballot of recall election of party who failed to file with Town Clerk certified nomination papers.
Inspector of Buildings
Conference and advised re temporary building as to permit require- ments.
Contributory Retirement Board and Contributory Retirement System
Conferences with Board Clerk Pendergast and advice given re various matters as follows,-amendment proposals, call firemen pensions questions, veterans pensions questions, questions with particular reference to status of reserve police officers in cities which have accepted the veterans pension act, contributory retirement situation as to application to veteran's pension matter and to acceptance of non-contributory pension system law, various questions and status of certain veterans as laborers and status of temporary employees, reinstatement of creditable service requirements also re police retirement pension rights where continuous service is a required element, action with respect to election of member under 1938 legislation, re-draft of bond set-up required by Commissioner of Insurance from members of Contributory Retirement Board with particular reference to Town Ac- countant and application of 1938 legislation as to contributory retirement system cases.
Conference with and advice to Contributory Retirement Board with reference to investment of funds.
Attention to papers and review of questions and answers set up by con- tributory retirement committee of city auditors and town accountants or- ganization with respect to contributory retirement system, and study of bulletins issued by said advisory committee as to new legislation.
Conference with contributory retirement board re pending legislation affecting election of board member by members of system and course of action at coming election meeting.
Review of decisions of Contributory Retirement Appeal Board.
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General Manager
Advice re procedure as to duty to provide eyeglasses for school children in need whose parents are financially unable to do so and law examined re question.
Application of zoning by-law Section 6A to O'Toole premises, so-called, on State Highway Route 1 as to removal of sand and gravel by Glacier Sand and Stone Company-Advice.
Opinion to Selectmen re supervisory powers with respect to purchase contracts reviewed at conference.
Situation as to repair work on No. 540 Washington Street property- Advice.
Discussion of application generally of Section 6A zoning by-law.
Further discussion as to supervisory control by Selectmen of powers and duties of General Manager under town charter, so-called.
Opinion as to distribution of advertising matter in Norwood-Statutes, by-laws and regulations of Board of Health examined.
Advice as to requirement of a permit by local newspaper with respect to distributing its paper, and as to what board or official should grant permit-Opinion furnished re same.
Course of action with respect to inquiry by attorney for property owner as to installation of septic tanks within the two hundred fifty foot limit as to Buckmaster Pond.
Study of zoning by-law amendment as to loam removal situation re in- terpretation of same and advice as to action.
Opinion as to authority of Selectmen to control General Manager's duties by specification following study of Town Charter Act and reviewing papers.
Duty to produce, pending trial, records and data under summons in case where police officer is plaintiff also consideration of records involved- Advice re saine and as to incidental questions and right of town for reim- bursement by police officer as to pay advances.
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