USA > Massachusetts > Norfolk County > Norwood > Norwood annual report 1939-1941 > Part 14
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
69
Pond et al vs. Norwood:
The situation reported last year remains unchanged and should be finally cleared in 1940 with the result that no basis will exist for any re- covery from Norwood by the claimants.
Jennie MacDonald vs. Norwood:
This case reported as pending last year remains in that status at the end of the year. It is uncertain at present when the case will be tried. There have been some negotiations looking to a disposition of the claim without further litigation.
Norwood vs. Julia Smith:
This suit reported as pending at the end of the year 1938 was by agree- ment of parties tried before an Auditor appointed by the Superior Court whose findings of fact were to be final. At the same time two other cases growing out of the same motor vehicle collision were by agreement tried before the same Auditor. There was a finding against the town in its case and as no attempt to overcome it seemed warranted no further action was taken and the Auditor's adverse report was confirmed. It is to be remembered that the amount involved in the claim of the town as agreed upon for property damage was not large.
Jamelia Howard vs. Norwood:
On November 21, the General Manager reported a suit brought in the District Court by Mrs. Jamelia Howard in the amount of $150 based on a claim for damage to a boiler and pipes alleged to have been caused when an employee of the town struck a service connection with a pick, which necessitated shutting the water off in the street and causing the boiler to collapse and further reporting that Mr. Frederick Howard, who repre- sented his mother, was informed the town did not assume any responsibil- ity as the owner should have had a protective device on the boiler as a precaution against such collapse. This suit is being defended by the town through special arrangement by other than the Town Counsel and without expense to the town.
Norwood vs. Town of Watertown:
By writ issuing out of the Superior Court for Norfolk County on Novem- ber 27, 1939, returnable on February 5, 1940, a suit in contract has been brought by the town against the town of Watertown to recover the sum of $434.97 for relief furnished to parties claimed to be Watertown settled recipients. Watertown has refused to recognize the claim in its entirety at least and is expected to defend. It appears to be a just claim and re- covery may fairly be expected when trial is had.
CLAIMS
Certain claims against the town, referred to this department have had such necessary attention as appeared to be required through advice as to liability furnished after investigation and as to which claims it does not
70
appear to be necessary to detail either because of the character of the same or the amounts involved. In many of them alleging defective street con- ditions as the basis of claim either no statutory notice was given or if given no liability appeared to exist on the facts and the claims were denied.
It does appear to be proper to mention the claim of Attorney George R. Farnum for the payment for services and expenses as special counsel for the town under vote of the Selectmen of September 8, 1938 which was referred by the Selectmen to the Finance Commission for investigation of the facts and report thereon, as appears from the reports of 1938. Fol- lowing report thereon and upon advice to the Selectmen that the claim constituted a legal liability on the part of the town with the amount only subject to determination, it was voted by the Selectmen to make payment of the claim which this department reported on May 2 was done under date of April 27 by delivery to Attorney Farnum of the town check for $515 the amount claimed which was made by Clerk Pendergast who received as reported by the Town Counsel certain papers turned over to him which consisted of all the papers possessed by Attorney Farnum relating to the services involved other than correspondence between Attorney Farnum and the Finance Commission.
Under the Workmen's Compensation Act two claims have had attention, as follows:
The claim of Alfred Disnard, Jr., for injuries on January 12, 1939, arising out of and in the course of his employment by the town in work on the care of trees of emergency character and involving medical expense, which claim was heard by the Industrial Accident Board on August 1. There was a finding in favor of the employee on August 22, the amount awarded being $22.86, a claim for medical expense in the sum of $23.00, and the usual fee for attendance as a witness was also allowed. On advice of this department which participated in the hearing no review of the decision was claimed by the town.
The claim of Michael Flaherty, an employee in the Public Works De- partment for injuries received on November 9, 1939 arising out of and in the course of his employment of which he gave formal written notice to the town on December 6, and which the town reported to the Industrial Accident Board on November 10, had such attention of this department as appeared to the General Manager to be necessary or desirable.
Norwood vs. Town of Sharon: Settled without suit by payment.
Norwood vs. City of Marlborough: Settled without suit by payment.
Norwood vs. Town of Westwood: This claim was put in suit but on de- velopments writ endorsed as a non-entry without service and the claim settled by payment.
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-
71
closure of tax title liens with respect to the various properties as detailed in the respective petitions, which were pending on January 1, 1939 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, 1939
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. Foreclosure decrees entered May 10, 1939. Notices of disposal filed with Norfolk Registry of Deeds May 16, 1939.
Norwood vs. Norwood Civic Association (No. 12328): Petition filed March 14, 1938. Motion for general default filed July 22, 1938. Fore- closure decree entered May 10, 1939. Notice of disposal filed with Norfolk Registry of Deeds May 16, 1939.
Norwood vs. Louis Max et al (No. 13889): Petition filed October 24, 1938. Motion for general default filed May 23, 1939. Foreclosure decree entered September 7, 1939. Notice of disposal filed with Norfolk Registry of Deeds September 15, 1939.
Norwood vs. Alfred L. Atwood (No. 13890-4 parcels): Petition filed October 24, 1938. Foreclosure decree entered February 1, 1939. Notice of disposal filed with Norfolk Registry of Deeds March 1, 1939.
Norwood vs. George and Annie Galvanosks (Galvinos) (No. 13891): Peti- tion filed October 24, 1938. Appearance of George Galvanosks filed December 31, 1938. Motion for hearing to be held March 30, 1939 filed on March 21, 1939 with affidavit. Motion for general default filed May 2, 1939. Default entered and final decree September 7, 1939 and notice of disposal filed with Norfolk Registry of Deeds September 15, 1939.
Norwood vs. Carrie M. Hunt, et al (No. 13892): Petition filed October 24, 1938. Motion for general default filed January 24, 1939. Foreclosure decree entered March 3, 1939 and notice of disposal filed with Norfolk Registry of Dceds March 7, 1939.
Norwood vs. Housing Securities Corporation (No. 13893-5 parcels) : Petition filed October 24, 1938. Motion for general default filed January 14, 1939. Motion for decree filed May 15, 1939. Motion to withdraw as to Parcel D filed October 13, 1939. Motion for general default as to remaining parcels filed October 13, 1939. Foreclosure decree as to lots 1, 2, 3 and 4 on October 13, 1939 and notice of disposition filed with Norfolk Registry of Deeds October 30, 1939 and notice of withdrawal as to lot 5 filed with Norfolk Registry of Deeds on October 30, 1939.
Brought during 1939
Norwood vs. Benny Boleisza and Clemintina Boleisza (No. 16205): Peti- tion filed September 5, 1939. Motion to withdraw filed October 2, 1939. Notice of withdrawal from Land Court October 26, 1939 filed with Norfolk Registry of Deeds November 2, 1939.
72
Norwood vs. Edward F. Feeney and Barbara Feeney (No. 16206): Peti- tion filed September 5, 1939. Pending.
Norwood vs. Thomas F. Gately and Julia Gately (No. 16207): Petition filed September 5, 1939. Pending.
Norwood vs. Mary M. Ryan (Murphy) and Eugene J. Murphy (No. 16208): Petition filed September 5, 1939. Pending.
Norwood vs. Housing Securities Corporation (No. 16209-6 parcels): Petition filed September 5, 1939. Pending.
Norwood vs. Norwood Civic Association (No. 16210-4 parcels): Peti- tion filed September 5, 1939. Pending.
Norwood vs. Norwood Estates, Inc., (No. 16211): Petition filed Septem- ber 5, 1939. Pending.
Tax Appeal
Helenna Ambruskevicz, Appellant os. Board of Assessors of the Town of Norwood, Appellee (No. X-18432): As stated in the report for the year 1938 this case was pending for hearing on appeal to the State Appellate Tax Board from refusal of the Appellee to abate a tax for the year 1938. Although the case was set for hearing on October 25, 1939 yet apparently through lack of notice to appellant, unknown at the time, the case is to be brought to hearing anew in 1940.
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 offi- cials concerned with the same.
Selectmen
Proposed bill subjecting certain votes to referendum action-Examina- tion of law, advice and attendance at hearing before Committee on Towns.
Proposed legislations as to control of billboards and other advertising devices-Conferences and advice.
Renewal of certain permits and granting application for erection and maintenance of billboards-Conferences and advice.
Underground service of Telephone Company-Conferences and advice.
Title to Wilson Street playground property to be purchased-Confer- ences and advice.
Status of title of Nichols Street land to be exchanged for town land- Conferences and advice.
Questions as to effect and necessary town action under provisions of Acts of 1938 Chapter 438-Examination of law, conferences and opinion rendered.
Acceptance of Acts of 1936 Chapter 403 amending General Laws Chapter 152 Section 69-Examination statutes and drafting article for warrant.
Wrestling exhibition license-Opinion rendered.
73
Water liens situation-Examination of law, conferences and opinion rendered.
Assistant Town Clerk White-Advice re certificate of her appointment for use of Director of Municipal Accounts Waddell.
Discontinuance of way-Examination of law and advice.
Peabody Trust (assumed) involvement and pending legislation-Con- ference with Selectman Holman.
Situation re Town Clerk and Accountant-Examination of law and opinion rendered.
Right of Assistant Town Clerk to act at special town meeting without town meeting action in absence of Clerk-Examination of law and opinion rendered.
Proposed new by-law as to Town Collector-Examination of law, advice and preparation of draft of by-law.
Sale of foreclosure properties under general authority-Preparation of article for special town meeting warrant.
Appointment of inspector of buildings-Attention to article for special town meeting warrant re amendment of building by-laws as to appointment of inspector and advice.
Exemption from jury duty of a veterinarian-Examination of law and opinion rendered.
Special town meeting warrant-study of draft and conferences re same.
Situation as to birth record-Study of papers and statutes and confer- ence.
Transfer of recreational license-Examination of law and advice.
Purchase of street signs from State-Examination of law and advice.
Collection of interment fees-Examination of law and advice.
Special license for sale of malt beverages at certain premises-Examina- tion of law, conferences and advice.
Situation as to proposed erection of cemetery monument-Attention to papers, conferences and opinion rendered.
Transfer of title to cemetery lot-Advice.
Town Clerk and Accountant situation-Attention to papers re resigna- tion, examination of statutes and appropriate action.
Assignment of cemetery lot title-Conferences and advice.
School Department and Superintendent
Drafting articles for special town meeting warrant.
Opinion to School Committeeman Kerr re parliamentary procedure under rules as to school committee records.
Advice to Superintendent Lynch as to absence of liability for injuries sustained by pupil during gymnasium work.
Advice to Superintendent Lynch re question of re-naming of school building.
Opinion re request as to right to meet expense involved in accident.
74
Opinion to School Committeeman Kerr re legality of suggested rules to require Norwood teachers to have legal residence in Norwood.
Advice to Superintendent Lynch as to payment of salary to janitor during service on jury.
Advice re bleachers situation.
Attention to payment of Boston Trade School tuition bill.
Advice re newspaper delivery requirements of school pupil as to badge, etc. relating to delivery of newspapers by minors.
Town Treasurer and Collector of Taxes
Prepared drafts of deeds for conveyance to purchasers of properties obtained by the town through tax lien foreclosure.
Advice as to course re proposed removal of house from land on which there is a tax title lien.
Attention to various tax lien foreclosure cases through Land Court proceedings as follows: No. 12320 through 12327 and 12329 through 12332 (Housing Securities Corporation), No. 12328 (Norwood Civic Association), No. 13889 (Louis Max), No. 13890-4 parcels (Alfred L. Atwood), No. 13891 (George and Annie Galvanosks (Galvinos), No. 13892 (Carrie M. Hunt et al), No. 13893-5 parcels (Housing Securities Corporation), No. 16205 (Benny and Clemintina Boleisza), No. 16206 (Edward F. and Barbara Feeney), No. 16207 (Thomas F. and Julia Gately), No. 16208 (Mary M. (Ryan) Murphy and Eugene J. Murphy), No. 16209-6 parcels (Housing Securities Corporation), No. 16210-4 parcels (Norwood Civic Association), No. 16211 (Norwood Estates, Inc.), including as and when required filing of papers, appearances, default motions, attention to decrees, hearing attendance conferences and correspondence with results as indi- cated elsewhere in this report.
Finance Commission
Conferences with Commissioners Murphy and Russell re questions under articles and new set up of articles and draft of vote under same prepared.
Board of Health
License to funeral director-Advice.
Action re prospective garbage removal contract-Advice.
Pasteurization of milk and related questions-Conferences and advice.
Garbage removal contract-Attention to revised form of proposed con- tract and advice re final set up, attention to addenda to contract re insur- ance and to execution and filing with Town Clerk.
Assignment situation as to certain contract-Attention to papers.
Board of Assessors
Advice as to exemption from poll tax of soldiers' relief recipient.
Attention to 1939 legislation affecting Assessors also to Appellate Tax Board decisions.
75
Attention to tax appeal case of Helenna Ambruskevicz as required, which case is reported elsewhere herein.
Attention to hearing on application for 1939 tax abatement of Norwood Press, including preparation for hearing and attendance at same, corre- spondence and attention to data and law questions and dealing generally with developments as required, and acting generally under direction of Board of Assessors.
Board of Public Welfare
Advice with respect to interpretation of Acts of 1934 as to relief course in insurance policy holding situation.
Advice re Norwood Hospital matters.
Various matters involving parties not to be named had attention by way of advice and otherwise, including certain claims settled by payment.
New decree prepared and filed in Norfolk Superior Court relating to payments to be made under Court decree by way of contribution to relief expense.
Advice re old age assistance questions, also doctors bills and town physician use.
Advice re certain rents situations, notice to quit and water service in- debtedness adjustment.
Advice re right to compel relief recipient to work.
Advice re right to recover in suit for welfare expense from another muni- cipality for three months beyond two (four) year period where action brought.
Advice re application of statutes as to sale or delivery of liquor to welfare recipients.
Attention to and necessary action taken as to various suits and claims for hospital care and other forms of relief involving the towns of Sharon, Westwood and Watertown and the cities of Boston and Marlborough. See elsewhere in this report results of action taken.
Board of Appeal
Conferences with Chairman Curran re situation as to application of zoning by-law and statutes to proposed building and as to appeal taken from refusal of inspector of buildings to grant a permit. Opinion rendered and further reviewed, further discussion of matter and preparation of supplementary opinion.
General Manager
Conference re proposed change in by-laws Article XI Sections 3 and 4.
Situation as to taxes claim abated as to bankruptcy notice and advice re same.
Renewal of permits for billboards locations-Taking views, preparation for hearing, conferences and attendance at hearing.
Proposed rental agreement and bond-Drafting agreement advice re same and as to form of bond.
76
Conference re developments at hearing on House Bill No. 1795.
Advice as to set-up of article for special town meeting warrant re water liens establishment.
Examination of law and advice re article for special town meeting warrant as to discontinuance of South Norwood town way, so-called.
Conference as to effect of provisions of new law re distribution of state funds in local reduction of tax.
Review of town meeting action on acceptance of lay-outs, etc.
Advice as to lack of right in selectmen to grant a Sunday sales license to minor, and in particular to said minor and status of a certain Sunday sales license.
Conferences re claim of Boston School Committee, and opinion rendered.
Agreement for proposed extension of water main-Attention to prepara- tion of draft of agreement, conferences and advice re same.
Situation as to Old Washington Street encroachments and County Commissioners action to narrow street location to wrought way-Con- ferences.
Laborers pension question-Advice.
Procedure with respect to vacancy in board of health-Advice.
License requirement as to sale of new motor vehicles only-Advice.
Examination of Sewage System Special Act of 1901 and law examination re collection of sewer assessments, so-called, and street betterments, so- called, also re billing and collecting cemetery care charges, conferences and advice re same.
Workmen's compensation claims-Conferences and action re same.
Conference re Mianowski claim for injuries through alleged street defect.
Water main extension appropriation re article for special town meeting warrant-Advice.
Conference as to permit or license for conduct on Sunday of business of selling certain toy devices and advice re same.
Opinion as to legal holidays and sale by retailer of ice cream etc. on holidays without Sunday sales license.
Advice re right of town to bill and collect charges for cemetery lot care.
Advice re board of survey street lay-outs as to application by property owners.
Vandalism at Highland Cemetery-Conferences re damage to cemetery monuments, examination of law and opinion rendered.
Opinion re control of gas main locations in public streets.
Conference re procedure as to approval of hospital and medical service bills by Industrial Accident Board in workmen's compensation cases.
Conference re status of title to cemetery lot.
Examination of law as to license requirement for use of certain hall for church services under Chapter 143 Section 52 and report and conferences.
Study of contract documents in P.W.A. main sewer line contract and conferences re same.
77
Conference re accident reported and examination of workmen's com- pensation statutes as to liability questions and advice re same.
Advice re procedure with respect to use of streets and the laying out of gas mains by Norwood Gas Company, also advice re use of streets for cer- tain commercial purposes.
Opinion as to control of motor vehicles servicing with anti-freeze mixture on Washington Street.
Conference and examination of law re exhumation of body for autopsy.
Advice as to right to grant a common victualer and Sunday sales license to a corporation.
Conference and advice as to various claims for personal injuries and property damage.
Conference and advice re proposed electric service contract with Nor- wood Press Co.
Opinion re application of workmen's compensation act to janitors.
Town Clerk and Accountant and Clerk of Selectmen
Proposed bill as to Neponset River Improvement also proposed bill to permit a referendum on appropriations made through borrowing-Con- ferences and advice.
Set up of drafts for articles for special town meeting warrant-Confer- ences.
Situation as to appointment of assistant registrars and duties (Chapters 280 and 440 Acts of 1938)-Conferences and review of law.
Re-drafting proposed conditions in deed of land gift from Honorable W. Cameron Forbes to town-Advice.
Right to anticipate appropriation of special character by incurring ex- pense and to make payment-Conference.
Radio installation appropriation-Advice.
Right of action if any against State Department of Public Works to compel contribution to cost of South Norwood construction-Conference and advice.
Application of provisions of zoning by-law to proposed loam removal- Advice.
Situation as to pension and relief situation-Conference.
Application of provisions of by-law to proposed building to be erected on state highway-Conference.
Opinion as to burial rights.
Action of Selectmen re House Bill 1833-Correspondence and confer- ences.
Action in light of Chapter 438 of 1938 as to Chapter 403 Acts of 1936 in view of Commissioner of Public Works letter as to coverage by work- men's compensation-Opinion rendered.
78
Inspector of Buildings
Conferences with Inspector Douglass and advice re application of fire limit and building by-laws as to proposed alterations at certain properties.
Opinion to Inspector Lydon re proposed control of over-night camps on superhighway.
Advice to Inspector Lydon as to jurisdiction in respect to temporary football field stands.
Advice to Inspector Lydon re dangerous building and re requirement as to approval of plans for factory building under Chapter 143.
Special Committee on Peabody Fund
Service was rendered to the so-called Special Committee on Peabody Fund from time to time through a substantial portion of the year, namely, during the months of January, February, March, April, June, August, October and November, involving numerous conferences, correspondence, attendance at hearing before Supreme Judicial Court on appeal of Simmons College and conferences with counsel also conference with Mr. Barrett, Chairman of Chamber of Commerce Committee as to town action.
Contributory Retirement Board and Contributory Retirement System
Review of decision of Appellate Board in Melrose case and study of decision.
Advice to Walter A. Blasenak as to his status as temporary secretary of board and as to renewal of bonds of members and furnishing bond as temporary secretary.
Board of Registrars of Voters
Conferences with Mr Pendergast as to certain persons who seek to be kept on list of voters.
Conference with Registrar Morrow and advised as to course of action in situation due to Town Clerk Pendergast illness and incapacity to act as registrar.
Study of statues pertaining to duties of registrars of voters with particu- lar reference to certification of nomination papers and advised re same.
Inspector of Wires
Conferences with Inspector Church re authority to act and course as to unsafe electric light equipment situation following storm damage and advised re same.
Conference with Inspector Church re proposed regulations as to wires and inspection and study of draft of regulations.
Assistant Town Clerk and Acting Clerk of Selectmen
Advice as to right to issue marriage license to parties to remarry within prohibited period as to offending party.
Advice re jury list make up.
Advice re cemetery rules and regulations.
ยท
79
Conference re set up of record of special town meeting.
Advice as to action re approval and publication of new by-laws.
Advice re deposit of money receipts and form of check endorsement.
Opinion rendered re questions as to board of registrars of voters.
Advice re transfer of cemetery deed questions.
Advice re conduct of Sunday entertainment in form of lecture, as to license requirements.
Advice re title to cemetery lots questions.
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.