USA > Massachusetts > Norfolk County > Norwood > Norwood annual report 1939-1941 > Part 39
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The salaries of all boys and girl workers are paid from Federal Funds and no youth worker displaces any town worker.
At the present time, there are thirty-nine boys and thirty-one girls employed by the National Youth Administration in Norwood, Massachusetts.
In conclusion, I would like to express my appreciation for the assistance given me by you, Mr. Kendrick, the various Department Heads, Selectmen, Women's Community Committee and the Plimp- ton Press.
Respectfully submitted,
MARTIN F. CALLAGHAN, Supervisor, N. Y. A.
335
BUILDING INSPECTOR Town of Norwood, Massachusetts
Mr. William C. Kendrick General Manager
January 3, 1941
Norwood, Mass.
Dear Sir:
I submit the following report for the Department of Building Inspection for the year ending December 31, 1940.
Permits Issued
Number
Est. Value $200,650
2 Family Residence
1
6,500
Alterations, Dwellings
112
44,903
Private Garages
47
10,935
Public Garage
1
7,000
Filling Station
1
3,800
Factories, New Building
3
29,500
Factories, Alterations
3
105,000
Other Alterations, Non-residence
45
73,550
Storehouses, (Factory)
1
3,500
Sports Center
1
50,000
Total
255
$440,838
Homes for forty-six (46) families have been provided, five (5) by alteration.
Inspections on all projects were made in the usual manner. Monthly reports on building activity were made to the Massachu- setts Department of Labor and Industries. The Massachusetts Department of Public Safety received written reports of thirty- four (34) elevator inspections, one (1) lodging house inspection, and two others on specially referred work.
Some half dozen dilapidated structures have been demolished by agreement with this office, and steps are being taken to remove others.
Office hours are observed daily to 10:00 in the morning, and at other times to meet convenience of prospective builders.
Acknowledgment is made of many courtesies received.
Respectfully submitted,
MARTIN F. LYDON, Building Inspector
Single Residences
40
336
SEALER OF WEIGHTS AND MEASURES
Mr. W. C. Kendrick General Manager Town of Norwood
Dear Sir:
The following scales, weights and measures were tested and sealed during the year 1940:
Not Con- Sealed Sealed dmd.
Platform Scales over 10,000 lbs
3
1
Platform Scales, 5,000 to 10,000 lbs.
48
Platform Scales, 100 ot 5,000 lbs.
23
Counter Scales, 100 to 5,000 lbs
1
Counter Scales, under 100 lbs.
23
Beam Scales, 100 to 5,000 lbs.
8
1
Spring Scales under 100 lbs.
41
Computing Scales, 100 to 5,000 lbs.
84
2
Person weigher (slot)
10
Prescription
7
Weights, Avoirdupois
163
4
6
Weights, Apothecary
3
Weights, Metric
3
1
Gasoline Meter Systems
55
1
Grease-Measuring Devices
5
Yard Measures
270
Power Machines
12
Total
745
10
6
The following inspections were made:
Total Number Number Incorrect Tested Correct Under Over
Commodity
Beans
18
15
3
Bread
48
30
2
16
Butter
18
13
1
4
Charcoal (in paper bags)
12
12
Coal (in paper bags)
16
16
Coal (in transit)
8
1
2
5
Confectionery
4
3
1
Dry Commodities
20
3
1
16
Dry Goods
4
4
Flour
8
1
1
6
Fruits and Vegetables
28
26
2
Coke (in paper bags)
12
12
337
Grain and Feed
1
1
Ice
6
6
Kindling Wood (in paper bags)
4
4
Lard
20
2
18
Liquid Commodities
12
12
Meats and Provisions
18
16
1
1
Potatoes
30
22
3
5
Total
295
207
13
75
-
This is a complete report of all the inspections I have made during the past year.
Very truly yours, (Signed) HARRY M. KING, Sealer of Weights and Measures
338
ANNUAL AND FINAL REPORT OF TOWN COUNSEL For the Period January 1 through October 11, 1940
October 31, 1940
Selectmen
Charles E. Houghton, Chairman, Norwood, Massachusetts.
Dear Sirs:
I submit herewith in summarized form the thirty-second and final annual report of my conduct of the Legal Department of the town covering its activities for the period January 1 through October 11, 1940.
Adopting the language found in my report for the year 1939, as in past years, the principal service has been of an advisory character, in many instances through written opinions, and furnished to the following departments and officials, namely, Se- lectmen, School Committee and its Superintendent, Town Treas- urer and Collector of Taxes, Board of Health, Board of Assessors, Board of Public Welfare, General Manager, Assistant Town Clerk and Accountant, Town Clerk and Accountant, Planning Board, Inspector of Buildings, Special Committee on Peabody Fund, so- called, Board of Registrars of Voters, Inspector of Wires and Board of Survey.
In addition, services were rendered as requested or as volun- tarily undertaken, when it seemed advisable, in the form of attend- ance at hearings, conferences and views taken, court activities, drafting and revising various instruments and other papers and attention to an extensive correspondence.
As appears from the itemization which follows, the service rendered dealt, as in past years, with a variety of essential prob- lems and questions and covered a wide field of municipal activities. A detailed account of the service, arranged chronologically in departmental order, has been prepared and placed in the files and is available for reference purposes.
Litigation and Claims
LITIGATION
City of Boston vs. Norwood (two cases) :
Norwood vs. City of Boston (two cases) :
The situation as to these several cases was reported previously with what is believed to be sufficient detail and there have been no developments of importance to add at this time. There has been definite progress made in the negotiations for a disposition of all the claims in suit and others presented by compromise settlement on a satisfactory basis and it is believed that early in 1941 disposi- tion will be accomplished in a manner which will not involve the
339
town in large liability and claims which have been pending for years will be finally determined without costly litigation.
-
Norwood vs. Watertown:
This suit reported as pending at the end of the year 1939 was settled without the necessity of further litigation.
Jennie MacDonald vs. Norwood:
This suit reported as pending last year after some negotiations was settled without the necessity of further litigation.
Jamelia Howard vs. Norwood:
This suit reported as pending last year was disposed of without further litigation.
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 appear to be necessary to detail either because of the character of the same or the amounts in- volved. In many of them alleging defective street conditions 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.
Tax Lien Foreclosure Cases
Petitions filed in the Land Court through this department in behalf of the town by the Town Treasurer and Collector of Taxes for the foreclosure of tax title liens with respect to the various properties as detailed in the respective petitions, which were pend- ing on January 1, 1940 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, 1940
Norwood vs. Edward F. Feeney and Barbara Feeney (No. 16206) :
Petition filed September 5, 1939. Motion for general default filed February 29, 1940. Request for publication filed March 29, 1940. Foreclosure decree entered April 1, 1940. Notice of disposal filed with Norfolk Registry of Deeds April 5, 1940.
Norwood vs. Thomas F. Gately and Julia Gately (No. 16207) :
Petition filed September 5, 1939. Motion for general default filed February 29, 1940. Request for publication filed March 29, 1940. Foreclosure decree entered May 6, 1940. Notice of disposal filed with Norfolk Registry of Deeds May 17, 1940.
Norwood vs. Mary M. Ryan (Murphy) and 'Eugene J. Murphy (No. 16208) :
Petition filed September 5, 1939. Motion for general default filed February 29, 1940. Foreclosure decree entered March 21,
340
1940. Notice of disposal filed with Norfolk Registry of Deeds March 29, 1940.
Norwood vs. Housing Securities Corporation (No. 16209-6 parcels) :
Petition filed September 5, 1939. Motion for general default filed April 2, 1940. Motion for withdrawal as to parcels five (5) and six (6) filed June 5, 1940 and Motion for Decree of foreclosure as to remaining parcels one (1), two (2), three (3), and four (4) filed June 5, 1940. Motion as to parcels five (5) and six (6) al- lowed on June 5, 1940 and notice of disposition (withdrawal) filed at Dedham on June 8, 1940. Decree as to parcels one (1) to four (4) inclusive also Notice of Disposal as to parcels one (1) to four (4) inclusive dated July 16, 1940 filed at Dedham on July 19, 1940. Norwood vs. Norwood Civic Association (No. 16210-4 parcels) : Petition filed September 5, 1939. Motion for general default filed April 2, 1940. Motion for decree filed May 9, 1940. Fore- closure decree entered May 16, 1940. Notice of disposal recorded Norfolk Registry of Deeds May 20, 1940.
Norwood vs. Norwood Estates, Inc. (No. 16211) :
Petition filed September 5, 1939. Motion for general default filed February 29, 1940. Motion for decree filed May 9, 1940. Foreclosure decree entered May 16, 1940. Notice of disposal re- corded at Norfolk Registry of Deeds May 20, 1940.
Tax Appeal
Helenna Ambruskievicz, Appellant vs. Board of Assessors of the Town of Norwood, Appellee (No. X-18432) : As stated in the report for the year 1939 this case was pending for hearing on appeal to the State Appellate Tax Board from refusal of the Appellee to abate the tax for the year 1938. Although the case was set for hearing on October 25, 1939, yet apparently through lack of notice to the Appellant, unknown at the time, the case was brought to hearing anew on April 26, 1940 and satisfactory ad- justment made and the appeal was withdrawn in writing by the Appellant on April 26, 1940.
Pasquale Santoro et al, Appellant vs. Board of Assessors of the Town of Norwood, Appellee (No. 15796) : Appeal to State Appel- late Tax Board from refusal of the Appellee to abate a tax for the year 1939 assessed on a parcel of real estate situated at No. 942 State Highway. Petition filed with the Appellate Tax Board on March 1, 1940. Answer of Appellee filed on March 27, 1940 and on October 24, 1940 appearance of James A. Halloran, as attorney for the Appellee withdrawn and appearance of George F. James as attorney for the Appellee was filed. Pending.
General
Other matters as to which services were rendered by way of advice or otherwise and, as to which brief reference is made, are
341
set forth in the following form under the headings of the respec- tive departments and officials concerned with the same.
Selectmen
Annual town meeting-Conference and suggestions and review of data.
Warrant-Conference re set-up as to resignation of member of Planning Board and status as to relationship to same.
Traffic Rules-Advice re enforcement of traffic rules as to angle parking.
Registrar of Voters-Examination of law, conferences and ad- vice re appointment.
Examination of law, conferences and advice re retirement of James E. Pendergast.
Special town meeting warrant-Study of draft, conferences and advice.
Civil Service status question-Conferences and opinion.
Re-assessment of Betterments-Conferences, study and advice. Abdallah petition and request as to South Norwood polling place -Conferences, study of law and advice.
Highland Cemetery lot deed situation-Attention to study of Rules and Regulations, examination of law, conferences and advice. Memorandum re Town Counsel situation.
Civil Service situation-Conferences in light of Attorney Gen- eral's opinion to State Civil Service Department on Norwood ac- tion of March 28th.
Special town meeting warrant-Conferences re motions under articles and advice.
Norwood-Boston suits-Notification of status of pending suits and conferences.
School Department and Superintendent
Opinion to School Committeeman Kerr as to legality of Sunday and holiday meeting and effect of participation therein.
Opinion to School Committeeman Kerr as to school janitors civil service action.
Advice to Superintendent Lynch re status of exchange of lands by town and Westover Corporation in vicinity of senior high school.
Examination of law and opinion to School Committeeman Kerr by way of reply to questions raised as to School Committee action control.
Examination of law and opinion to School Committeeman Kerr re questions as to binding character of action taken on motion, also as to eligibility of member of School Committee for appoint- ment as school janitor. Study of Civil Service Law application and further advice to Mr. Kerr.
Advice to Superintendent Lynch as to provisional appointment as school janitor of member of school committee.
342
Town Treasurer and Collector of Taxes
Prepared drafts of deeds for conveyance to purchasers of prop- erties obtained by the town through tax lien foreclosure.
Attention to various tax lien foreclosure cases through Land Court proceedings as follows :
No. 16206 (Norwood vs. Edward F. Feeney and Barbara Feeney),
No. 16207 (Norwood vs. Thomas F. Gately and Julia Gately),
No. 16208 (Norwood vs. Mary M. Ryan (Murphy) and Eugene J. Murphy),
No. 16209 (6 parcels (Norwood vs. Housing Securities Corpora- tion),
No. 16210-4 parcels (Norwood vs. Norwood Civic Association), No. 16211 (Norwood vs. Norwood Estates, Inc.),
including as and when required filing of papers, appearances, default motions, attention to decrees, hearing attendance, confer- ences and correspondence with results as indicated elsewhere in this report.
Board of Health
Collection of accounts alleged to be outlawed-Advice.
Status as to enforcible character of 1904 plumbing regulations- Conferences, questions considered, examination of law and advice.
Situation presented as to plumbing work in a house done with- out a permit-Discussed regulations, laws and advice.
Advice as to application of penalty clause.
Plumbing Regulations-Review of papers, conferences, study of law and advice.
Advice re status of appointees in light of town meeting action as to Civil Service Act acceptance.
Garbage removal contract-Study of papers and advice.
Board of Assessors
Study of decisions by Appellate Tax Board re assessment ques- tions involved in Norwood Press Company tax abatement applica- tion.
Conferences and advice as to right to tax property of clubs hold- ing liquor licenses which are incorporated for social purposes.
Attention to tax appeal case of Helenna Ambruskievicz as re- quired, which case is reported elsewhere herein.
Attention to tax appeal case of Pasquale Santoro, et al as re- quired, which case is reported elsewhere herein.
Conferences and examination of law and advice as to question of rate of interest on apportioned sewer assessments.
Study of Appellate Tax Board decisions.
Attention to Norwood Press Company application matter as re- quired.
343
Board of Public. Welfare
Advice re claim for medical services.
Advice re interpretation in given case of Section 5, Chapter 118A General Laws as amended relative to insurance policy factor.
Advice re various hospital relief cases, also as to State payment. Advice re liability for rent of relief occupant.
Examination of statutes and advice re question raised as to dealing with cancer patient situation.
Examination of law, conferences and advice re housing welfare recipients.
Attention to and necessary action taken as to various suits and claims for hospital care and other forms of relief involving other cities and towns. See elsewhere in this report results of action taken.
General Manager
Conference re coming annual town meeting matters.
Advice as to provisions of Section 65, Chapter 54 General Laws as to distribution of pasters or stickers with respect to polling place.
Conference re claim as to garage expense due to sewer trench work.
Conference re water main easement action.
Conference re Flemure and Armour matters.
Attention to papers and preparation of release draft re water mains easement through private land.
Conferences and advice re claim vs. Plymouth Electric Light Company-Yarnal matter.
Examination of law and conferences re set-up of articles in warrant.
Conferences re application of Civil Service to Police Department and article for special town meeting warrant.
Opinion as to question of arbitrarily applying rentals against outstanding delinquent water charges of landlords.
Law examined and advice as to employees included under Work- men's Compensation Act and votes of town relating thereto.
Conference re set-up of article in warrant for special town meeting.
Conference re status of employees covered by Employees Com- pensation Insurance.
Advice re licensing public amusement business.
Attention to certificates concerning project PWA docket No. 1514-F.
Advice re course of action as to removal of junk from premises owned by the town through tax title foreclosure.
Examination of law and advice re request for compensation for expenses resulting from fall on icy way.
344
Advice re accident disability situation and compensation mat- ters.
Examination of law and advice re public liability and property damage insurance in automotive equipment in police and fire de- partments.
Advice as to insurance of town employees authorized to operate town automobiles.
Conferences and examination of law and advice re question of licensing whist parties.
Examination of law, conferences, advice and attendance at hearing re action of Director Lupien of Civil Service Commission in John Donovan case as Playground Director.
Examination of law, conferences and advice re proposed ad- justment of claims of Edward O'Toole.
Assistant Town Clerk and Accountant
Conference re election officers and other election details.
Conferences and examination of statutes and advice re law as to pasters or stickers at election as to requirements.
Conference re filing of nomination papers by candidate also re witness required to be notified of hearing by Alcoholic Beverages Control Commission on appeal from refusal to renew alcoholic beverages sales license.
Conference and advice re set-up of ballot for annual town meet- ing questions.
Examination of law and advice re right of dog officer to seek election as constable.
Town Clerk and Accountant
Law examined and advice re absentee voting and ballot ques- tions.
Advice re transfer by heirs of burial rights in cemetery lot.
Conference re statutory reference to filling vacancy on Planning Board.
Conference and advice as to status re qualifying elected officials.
Advice re candidates' receipt and expense returns questions.
Advice re various duties.
Advice as to set-up of report of Town Clerk and Accountant for 1939 to Selectmen in view of illness and retirement of Mr. Pendergast.
Advice re requirements of by-laws as to publication of notice of articles requiring action at adjourned town meeting.
Conference re town meeting affairs and Carillon Committee ac- tion.
Conference re American Legion article set-up for special town meeting warrant.
Conferences and advice re motions under articles in special and annual town meeting warrants and examined law re same.
345
Conference re primary questions and duties.
Advice re set-up of record of certain action at adjourned annual town meeting.
Examination of law and advice re surrender for cancellation of constable bond questions.
Conference re duties with respect to committee appointments by Moderator.
Examination of law and advice re oath and qualification matter.
Advice re set-up of motion relating to appropriation for new equipment for fire department.
Examination of law and advice re defranchisement of voter convicted of corrupt practices.
Examination of law and advice re procedure where tie vote re- sults in primary election for a membership in a town meeting.
Advice as to set-up for publication of notice of approval by Attorney General of by-laws amendment relating to annual audit of accounts.
Examination of law and advice as to cemetery lot ownership.
Review of statutes and advice re lay-outs and motions under articles in special town meeting warrant.
Examined law and conferences re question of two-thirds vote on motions as to acceptance of street layouts and appropriations to meet expense.
Advice re action as to oath of agent of Board of Health follow- ing notice of appointment.
Examination of law and advice re question raised as to listing for jury duty person over seventy years and advised re same.
Attention to papers and correspondence re personnel of Peabody Fund Committee.
Conference and advice re notice to and organization of Special Committee appointed to build and equip addition to Senior High School by action under Article 2 of warrant of special town meeting held June 24, 1940.
Law examined and conference as to Curran Avenue taking ac- tion.
Law examined and conference and advice as to performance of marriage ceremony being a permissive and not a mandatory mat- ter.
Conference re new action as to lay out of ways where negative taken by town meeting.
Conference re registration and filing of papers questions also dealing with situation involved in use of Junior High School Gymnasium for town election purposes.
Conference re Civil Service situation as to Town Counselship.
Conference and advice re election law questions.
Conference re duty as to constable bond.
Conference re Highland Cemetery lot (Haigh Estate) and A. J. Spear request situation.
346
Conference re Berwick Place water main extension agreement.
Conference and advice re eligibility as primary officer of a can- didate on primary ballot for delegate to a convention.
Attention to Selective Service check off statement to Chief Reg- istrars.
Inspector of Buildings
Conference and advice re Fire Limit By-Laws.
Law examined and advice re garage construction situation and action.
Study of Zoning by-law and opinion as to limitation in single residence district of right to garage not more than three cars.
Examination of law and opinion as to right to erect and main- tain a private air place hangar in general residence district under zoning by-law.
Planning Board
Conference re set-up of report under Article 3 of special town meeting warrant.
Examination of law and conference and advice re course to be followed as to proposal for master plan expense contributions.
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, involving conferences, correspondence, examination of law, preparation of motions and attention to papers and advice.
Board of Registrars of Voters
Conference re certification of nomination papers questions.
Examination of law, conference and advice as to course of action in case of woman married to alien in November, 1917 as to her right to registration without producing certificate of allegiance.
Drafting substitute motion for records of Board re registration application action.
Conference re assistance to Board as to draft activities.
Attention to Selective Service law re cooperation in registra- tion of registrants under law, and advice.
Inspector of Wires
Correspondence and conferences with Inspector Church re pro- posed regulations as to wires and inspection and study of draft of regulations.
Board of Survey
Attention to summary of records for 1939.
347
Miscellaneous
Attention to data in file and records and preparing memorandum as to Forbes deed of land gift situation and correspondence and conferences re same.
Attention to papers, examination of law, conferences, corre- spondence and advice as to Winslow Bros. & Smith Co. matter re hydroplane float and landing at New Pond.
Attention to correspondence, papers, conferences and advice re action as to possible site in part for Veterans facility proposed to be constructed by Veterans Administration.
Examination of law, conferences and advice as to designation allowable by pasters or stickers candidate and other election ques- tions.
Attention to revision of and drafting motions under articles in special and annual town meeting warrants.
Obtaining data for and preparing town counsel annual report for the year 1939.
Review of recent decisions received from Contributory Retire- ment Appeal Board.
Correspondence and conference re general situation as to per- formance of Town Counsel duties.
Study of statutes re civil service questions arising through peti- tions for town meeting action as to janitors and town employees generally.
Drafting article for special town meeting warrant re acceptance of section of law permitting establishment of reserve police force.
Review of law as to right to recover betterments.
Review of recent decisions of Supreme Judicial Court re taxa- tion questions.
Attention to Opinion of Attorney General to Civil Service Direc- tor as to effect of vote to place all employees not already included under Civil Service.
Study of data received from Commissioner Long re procedure as to certificates of lands of low value.
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