USA > Massachusetts > Middlesex County > Somerville > Report of the city of Somerville 1953 > Part 15
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86-Carmine L. Perna
87-Albert E. Dempsey
88-John R. Ambrogne
89-Robert E. Doyle
34-John K. Barrett
35-Frederick W. McGovern
36-George W. Crosby
37-Edward J. Kiley
38-Lester A. Caswell
39-Francis L. Rogers
40-John H. O'Brien
41-Herbert H. Stokes
42-Daniel F. Murphy
43-Richard H. Skeffington
44-John J. Clark
45-Eugene M. Canty
46-James J. Higgins
104-Medardo A. Muzzioli 105-Vincent D. Hartnett
106-Francis O'Callaghan
78-Charles P. Meehan
79-Joseph M. Desmond
237
POLICE DEPARTMENT
115-John Cunha, Jr.
116-Felix J. Manfra
117-Joseph L. Mearls
130-Robert J. Donovan
118-John T. Canty #2
131-John J. Fitzgerald
119-Ernest A. DiNisco
132-Benjamin J. Callahan, Jr.
120-Robert P. Ryan
133-Raymond F. Peck
121-Joseph A. Murphy
122-Samuel J. Boike
135-James J. Carroll
123-John J. Ferola
136-Robert J. Lungo
124-Vincent J. McDonough
137-John J. Fothergill
125-David T. McKenna
138-Edward F. Leahy
126-William B. White
139-James F. DeFuria
127-John F. Burns
140-Albert J. Daly
Matrons
Susannah F. Bolt
Alice F. Keane
CHANGES IN THE DEPARTMENT Appointments
July 1, 1953
Samuel J. Boike appointed a patrolman Peter W. Agnes appointed a patrolman July 1, 1953 John J. Ferola appointed a patrolman July 1, 1953 Vincent J. McDonough appointed a patrolman July 1, 1953
July 1, 1953
July 1, 1953
July 1, 1953
July 1, 1953
July 1, 1953
Benjamin J. Callahan, Jr. appointed a patrolman
October 18, 1953
October 18, 1953
October 18, 1953
October 18, 1953
October 18, 1953
December 20, 1953
December 20, 1953
December 20, 1953
Resignations
Patrolman Linwood N. Thompson Patrolman Peter F. O'Brien
Patrolman Peter W. Agnes
Resigned February 17, 1953 Resigned May 11, 1953 Resigned September 10, 1953
Retirements
Patrolman Preston C. Davis Patrolman John F. Cruise Patrolman Joseph P. Blake
Patrolman John P. L. O'Keefe
Patrolman Thomas J. Flanagan
Patrolman Edward L. Berg
Pensioned June 27, 1953 Retired June 30, 1953 Pensioned September 12, 1953 Pensioned October 24, 1953 Pensioned November 14, 1953 Pensioned December 12, 1953
David T. McKenna appointed a patrolman William B. White appointed a patrolman John F. Burns appointed a patrolman Charles W. Moran appointed a patrolman John DeLellis appointed a patrolman Robert J. Donovan appointed a patrolman John J. Fitzgerald appointed a patrolman
July 1, 1953
July 1, 1953 July 1, 1953
Raymond F. Peck appointed a patrolman Robert W. Nicholson appointed a patrolman James J. Carroll appointed a patrolman Robert J. Lungo appointed a patrolman John J. Fothergill appointed a patrolman Edward F. Leahy appointed a patrolman James F. DeFuria appointed a patrolman Albert J. Daly appointed a patrolman
128-Charles W. Moran 129-John C. DeLellis
134-Robert W. Nicholson
238
ANNUAL REPORTS
IN CONCLUSION
I wish to thank his Honor the Mayor, members of the Board of Aldermen, heads of the various departments, and all members of the police department, for their loyal support, co- operation and assistance during the past year.
Respectfully submitted,
AUGUSTINE F. SHARRY,
Chief of Police
239
LAW DEPARTMENT
REPORT OF THE LAW DEPARTMENT
December 31, 1953
The Honorable, the Mayor and the Board of Aldermen Somerville, Massachusetts
Gentlemen:
I am pleased to submit herewith the annual report of the Law Department for the year 1953.
The principal activities of the Law Department fall into these three categories: defending claims against the city under the Highway Statute, representing the various departments in claims by and against the city, and furnishing advice and opinions upon the request of the various officers and depart- ment heads.
Claims against the city seem to follow a consistent pattern. The number of claims entered in 1953 is approximately the same as those entered in past years. However, there is a sig- nificant change in the type of claims now being brought against the city. At one time nearly all of these claims arose out of accidents resulting from defective streets or ways. Claims of this type still constitute the major number, but with the increase in the use of motor vehicles in all departments, the number of claims brought against operators of motor vehicles in various departments is steadily increasing.
It has been the policy of the department in recent years to adjust claims where the claimant apparently has a legitimate claim and a fair and reasonable settlement can be effected. In cases of disputed liability or where the damages claimed appear to be excessive, suits are brought in many instances and it has been necessary to have a court determine the liability of the city and the amount of damages to be assessed.
240
ANNUAL REPORTS
As an assistance to the department in determining the amount of damage where personal injuries have been sus- tained, with the cooperation of his Honor, Mayor Lynch, and your Honorable Board, an appropriation was made to this de- partment in 1953 for the purpose of engaging a physician to examine claimants who allege they have been injured. We have been very fortunate in securing the assistance of a very competent physician, and I am sure that the reports which he makes to this department will be of value in determining the nature and extent of injuries for which suits may be brought against the city in the future.
As a result of the thorough investigations made by Officer Thomas J. Flanagan, who was assigned as inspector during this year, and the cooperation of Dr. Ciro Giobbe, who made many physical examinations for us, even with the large number of claims presented, the aggregate amount paid out for claims was only $17,000. In view of the greatly increased cost of ac- cident claims borne by insurance companies and public utilities, the cost to the city of claims of this type has been kept at a very low level.
Because the benefits paid under Workmen's Compensation have been greatly increased in recent years, and because of the large number of claims being made, expenditures for this pur- pose are increasing regularly. The Workmen's Compensation Agent has consulted this office frequently with respect to claims pending in his department and we have always endeav- ored to be of assistance in properly disposing of these matters.
It has been necessary for one of the attorneys in this de- partment to spend a great deal of time with the Assessors Office. As the tax rate has increased, more and more property owners have applied for abatements in order to lessen the burden of taxation on their property. Many of these applica- tions are denied by the Board of Assessors and appeals are then taken to the Appellate Tax Board. A number of these cases were assigned for hearing in the Appellate Tax Board in the past year and the Law Department at all times represented the assessors in these matters with considerable success.
This department represented the Welfare Department in a case which began in the Third District Court of Cambridge in which the City of Cambridge endeavored to recover a substan- tial amount of money paid by the Welfare Department of Cam- bridge to a recipient of relief. The authorities of Cambridge contended that the recipient had a settlement in Somerville,
241
LAW DEPARTMENT
and when the officials of the Welfare Department of Somer- ville refused to admit responsibility, suit was brought. The matter was tried by Mr. Forte of this office in the District Court and the Judge made a finding adverse to this city. On appeal claimed by the City of Somerville the case was reargued before the Appellate Division and the finding of the District Court Judge was reversed and the contention of the City of Somerville was upheld. This decision in turn was appealed by the Cambridge authorities to the Supreme Court. The case was ultimately determined by the Supreme Court in favor of the City of Somerville.
It was also necessary to appear in Court on several occa- sions in connection with a zoning change at Somerville Avenue and Tyler Street. There were several hearings in the Superior Court in connection with this matter and finally a decision of the Supreme Court was handed down which did not close the matter, but referred the case back for further evidence. The question at issue is the validity of a change in our zoning ordinance enacted by the Board of Aldermen and approved by the Mayor in 1952. A decision adverse to the city was rendered in Superior Court on a rehearing in October, 1953. An appeal to the Supreme Court has been claimed and is now pending.
During the year 1953 a great deal of consideration was given by various officials, including members of your Honor- able Board, to the proposals for acquiring land for the purpose of erecting school buildings. The Law Department cooperated with other departments in preparing the necessary orders for land acquisition and for other purposes.
In connection with the land which has been taken for two of these school sites, I recommend that appropriations be made to the Law Department for 1954 to have appraisals made of the valuation of the property taken and for the purpose of having the titles to all the parcels examined, so that the true owners can be definitely ascertained. The persons from whom land has been taken by eminent domain have the right to bring action in Superior Court for determination of their damages if settle- ment is not made out of court. In either event, it seems neces- sary that independent appraisals be made by qualified real estate men so that correct decisions can be made as to the amount to be paid for the land.
When the present members of the Law Department took office in 1950, there were pending in the land Court over 200 petitions to foreclose tax liens. This backlog had arisen because
242
ANNUAL REPORTS
of the large number of tax liens that had accrued as far back as the depression days of the 1930's. It was necessary to make exhaustive investigations in order to obtain the necessary in- formation required by the Land Court to finally dispose of these matters and foreclose the tax liens. During the past four years about 25 additional tax liens were filed for later taxes which were unpaid, and at the present time there are pending in the Land Court about 20 cases. The ones remaining un- finished in the Land Court are those in which it is impossible to obtain the names and addresses of interested parties and it will undoubtedly be necessary to resort to publication in order to finally close these cases.
It has been a benefit to the city to have these cases dis- posed of as the city acquires title to the land and can dispose of it, so that the land will be returned to revenue producing use.
In view of the ever growing activities of the Law Depart- ment, it is my opinion that the salaries of the City Solicitor and the Assistants have not been commensurate with the increas- ing responsibilities. As I am now completing my term of service, I have no hesitancy in recommending to the incoming administration that serious consideration be given to an adjust- ment of the salaries in this department. The duties of the office have increased considerably in recent years due to the growing number of activities in which the city and its depart- ments are engaged.
During the year I have had the pleasure of the cooperation and assistance of Arthur A. Forte and Mary A. Kerwin, Assist- ant City Solicitors. We also had the benefit of the services of Thomas J. Flanagan, a police officer who was assigned to this office as investigator. Mr. Flanagan retired from the service of the city on November 30, 1953 after having rendered exem- plary service as a police officer and investigator in this depart- ment.
During the year this office has had the courtesy and co- operation of his Honor, Mayor Lynch, the members of your Honorable Board, and all officers and employees of the various departments of the city.
Respectfully submitted,
ROBERT J. MULDOON, City Solicitor
243
BOARD OF ASSESSORS
REPORT OF THE BOARD OF ASSESSORS
January 1, 1954
To the Honorable, the Mayor and the Board of Aldermen
Gentlemen:
The following report is respectfully submitted as the An- nual Report of the Board of Assessors for the year ending December 31, 1953:
CITY OF SOMERVILLE - 1953 RECAPITULATION
A-CITY OR TOWN: All appropriations since 1953 Tax Rate was fixed:
1. Total to be raised by taxation $9,730,107.96
2. Total from Available Funds:
1953 $74,523.23
1952 392,850.73 467,373.96
$10,197,481.92
3. Deficits due to abate-
ments in excess of overlay prior years:
1952
$6,006.40
1950
22,397.00
1949
11,917.77
1948
1,960.25
1947
329.25
1946
165.54
1945
143.56
42,919.77
B-STATE Tax & Assessments:
1953 Estimates
1952 Under Estimates
1. State Audit Municipal Accounts
$637.88
$1,079.82
2. State Examination Re- tirement System
1,241.62
3. Smoke Inspection Service
1,806.70
4. Additional State As- sessments
912,523.47
4,927.06
$916,209.67
$6,006.88
922,216.55
244
ANNUAL REPORTS
C-COUNTY Tax & Assessments:
1. County Tax
$304,707.27
2. Tuberculosis Hospital Assessment 110,230.39
D-OVERLAY of current year: $414,937.66 414,937.66
$191,702.29
E-GROSS AMOUNT TO BE RAISED
$11,769,258.19
F-ESTIMATED RECEIPTS & AVAILABLE FUNDS:
1. Income Tax
$732,900.84
2. Corporation Taxes .... 482,168.95
3. Reimbursement a/c Publicly owned Land
965.00
4. Old Age Tax Meals .. 5. Motor Vehicle and
36,375.55
Trailer Excise
582,208.71
6. Licenses
140,916.17
7. Fines
12,491.87
8. Spec. Ass'ts.
761.00
9. Gen. Government
15,207.12
10. Protection Persons &
Property 3,301.73
11. Health & Sanitation
38,974.74
12. Highways
2,040.00
13. Charities
301,895.33
14. Old Age Assistance
890,850.07
15. Veterans' Benefits
40,290.40
16. Schools
96,678.85
17. Libraries
3,723.72
18. Recreation
356.85
19. Public Service Enter- prises
499,281.08
20. Interest on Taxes &
Assessments
12,589.51
21. Grants & Gifts
20,198.71
22. Electrolysis 500.00
Total Estimated Receipts
$3,914,676.20
23. Overestimates of previous year:
(a) County Tax $48,675.26
(b) County T.B. Hosp. 37,432.89
(c) Adjustment 1951 Water Charge ....
1.02
(d) Add'l overestimate Available Funds . 9,224.66
95,333.83
24. Amounts to be taken from Available Funds:
(a) 6-27-52 $72,400.00
(b) 8-12-52 11,871.63
(c) 9-5-52 20,000.00
(d) 9-11-52 97,746.00
(e) (1) 9-22-52
23,807.74
245
BOARD OF ASSESSORS
(e) (2) 9-25-52
1,200.00
(f) 10-9-52
25,512.13
(g) 10-24-52
19,000.00
(h) 10-28-52
60,275.00
(i) 11-13-52
4,500.00
(j) 11-25-52
7,878.14
(k) 12-2-52
204.85
(I) 12-11-52
19,049.66
(m) 12-22-52
1,678.03
(n) 12-23-52
16,727.55
(o) 12-30-52
11,000.00
(p) 1-8-53
2,000.00
(q) 2-5-53
2,000.00
(r) 2-9-53
16,200.00
(s) 2-12-53
25,900.00
(t) 2-26-53
6,000.00
(u) 3-31-53
21,071.07
(v) 4-23-53
1,352.16
$467,373.96
G-Total estimated Receipts & Available Funds $4,477,383.99
Net Amount to be Raised by Taxation on Polls & Property $7,291,874.20
H-Number of Polls: 31,695 @ $2.00 each $63,390.00
J-Total Valuation:
Personal Property
$7,203,300
Real Estate 123,510,700
$130,714,000
Tax Rate: $55.30
Personal Property Tax
Real Estate Tax
398,342.49 6,830,141.71
TOTAL TAXES LEVIED ON POLLS AND PROPERTY
$7,291,874.20
The Board of Assessors wishes to thank the other depart- ments for the co-operation extended during the year, particu- larly the Legal Department.
Respectfully submitted,
WILLIAM J. MORAN, Chairman GORDON FAULKNER EDWARD T. BRADY JOHN B. CARR TIMOTHY J. CRONIN
Board of Assessors
246
ANNUAL REPORTS
REPORT OF THE STREET COMMISSIONER
Office of the Street Commissioner City Hall, Somerville, Massachusetts January 1, 1954
To His Honor the Mayor and the Board of Aldermen:
Gentlemen:
I respectfully submit the seventy-eighth annual report of the Highway Department, containing a brief summary of the work performed during the year 1953.
This department has charge of the construction, altera- tions, repairs, maintenance and management of ways, streets, sidewalks and bridges, the setting out and care of shade trees, the suppression of gypsy and brown tail moths, elm leaf beetles and other pests injurious to trees, the cleaning of streets and snow removal.
HIGHWAY DEPARTMENT
Appropriations
Expenditures
Highway-Sidewalks Maintenance
$158,344.31
$155,797.16
Street Cleaning
36,513.70
35,835.90
Suppression of Moths-Care of Trees
20,010.00
19,571.96
Snow Removal
27,775.20
21,903.75
$242,643.21
$233,108.77
SNOW AND ICE
All streets were plowed and opened to traffic, snow was removed from principal business centers as well as around all public buildings and grounds. Special requests were given prompt attention especially concerning weddings, sickness or funerals.
247
STREET COMMISSIONER
Warning signs were posted on streets where coasting was allowed. Ashes were spread at the foot of hills for the protec- tion of the public. Icy and slippery streets were made safe as soon as possible.
A Jeep with plow attachment was purchased for snow re- moval and five used Walters Snow Fighters purchased from the Metropolitan Transit Authority. The Sanitary and Engineering Departments have been most cooperative in helping us during snow storms. I take advantage of this opportunity to extend my appreciation for their services.
HIGHWAYS AND SIDEWALKS MAINTENANCE
Police and public reports pertaining to all kinds of defects in the streets and sidewalks were given immediate attention. General repairs were made on streets and sidewalks. Edge- stones were reset, gutters relaid and dirt sidewalks graded, filled or surfaced.
Under the provisions of Chapter 90 of the General Laws, Ter. Ed. the following streets were resurfaced with Bituminous Concrete Type 1:
Washington Street-McGrath Highway to Boston Line Middlesex Avenue-Mystic Avenue to Fellsway
Permits were issued to various corporations and contractors by this department to open streets and sidewalks. Said open- ings to be restored to original condition at the expense of the petitioners. To cross sidewalks and occupy streets for building purposes, permits were issued under specified conditions. Driveways were constructed when owners petitioned for same and deposited a sufficient sum of money to cover the cost of construction.
STREET CLEANING
Three sweepers were in operation working night and day. In the early hours of the morning the main thoroughfares and squares were cleaned, thus avoiding heavy traffic and parked cars in the street. The side streets are given regular routine attention during the day. Six push carts are assigned to the various squares and streets leading thereto.
SUPPRESSION OF MOTHS - CARE OF TREES
The Highway Department cares for trees, both public and private, in regard to moths and other tree pests. All street trees
248
ANNUAL REPORTS
are sprayed and private trees upon request. Trimming is done where necessary, new trees are planted, guards and supports supplied when trees are furnished by property owner. Old or diseased trees are removed.
A new Model 12-A-24 Mall power saw was purchased, also a Model 35MT Bean Royal Tree Spraying machine.
TRAFFIC CONTROL
Traffic lines were painted and warning signs erected at schools, playgrounds and dangerous intersections or locations. This practice should be continued for the safety of children and pedestrians, also for the orderly regulation of traffic. Particular attention has been given to painting of cross walk lines in business centers and squares. Parking, no parking and stop signs at designated locations and safety zones were plainly marked. One Way street signs are erected where ordered by the Board of Aldermen.
In conclusion, I wish to take this opportunity to thank His Honor the Mayor, the members of the Board of Aldermen and the employees of the department for their support and co- operation.
Respectfully submitted,
ANTHONY N. FANTASIA,
Superintendent, Highway Division
249,
LICENSING COMMISSION
REPORT OF THE LICENSING COMMISSION
To the Honorable, the Mayor and the
Board of Aldermen of the City of Somerville.
Gentlemen:
The following factual information is respectfully sub- mitted as the Annual Report of the Licensing Commission for the year ending December 31, 1953.
G. Victor Murray was elected as Chairman of the Licensing Commission for the year 1953.
Joseph D. Lonergan was re-appointed by the Mayor and ap- proved by the Board of Aldermen as a member of the Licensing Commission for a term of three years.
Thomas J. Hagerty, Board of Health Inspector was as- signed to the Licensing Commission for the year of 1953.
The following Police Inspectors were assigned to the Li- censing Commission for the year of 1953:
CAPTAIN THOMAS M. SHARRY INSPECTOR FREDERICK McGOVERN
The following table will show the number of licenses per- missable by law as compared with the number of licenses that have been granted and are now in effect.
All Forms Pkg.
Beer & Wine Pkg.
All Forms Beer & Wine Restaurants & Clubs
Druggist
Allowed by Law
22
22
94
Issued by Commission
22
18
88
unlimited, 6
Balance to Issue
0
4.
6
unlimited,
250
ANNUAL REPORTS
During the year the Commission received the following ap- plications :-
FOR A 1953 LICENSE:
2-Applications for a Beer and Wine Package Goods Store, Not To Be Drunk On The Premises, License. The Somerville Commission voted "LEAVE TO WITHDRAW" on one of these applications. The applicant appealed to the Alcoholic Beverages Control Commission and said Commission after holding a hearing on this appeal voted to sustain action taken by the Somerville Commission. On the other application the Somerville Commission voted "GRANTED" and the Alcoholic Beverages Control Commission "APPROVED" same. Therefore, one Beer and Wine Pack- age Goods Store, Not To Be Drunk On The Premises, License was issued in 1953.
1-Application for an All Forms Alcoholic Beverages Section 30-A, Not To Be Drunk On The Premises, Druggist's License. The applicant with- drew application.
1-All Forms Alcoholic Beverages, To Be Drunk On The Premises, 7-Day Club License. The applicant withdrew application.
FOR A 1954 LICENSE:
3-Applications for Beer and Wine Package Goods Store, Not To Be Drunk On The Premises, License. One applicant withdrew application and on the other two applications the Somerville Commission voted "LEAVE TO WITHDRAW.'
1-All Forms Alcoholic Beverages, To Be Drunk On The Premises, 7-Day Club License. The Commission voted "GRANTED" on this application and the Alcoholic Beverages Control Commission "APPROVED" same. This license is to be issued January 1, 1954.
The Somerville Commission received two applications for a transfer of license from an individual to a corporation which they "GRANTED" and the Alcoholic Beverages Control Com- mission "APPROVED".
The Somerville Commission received an application for a transfer of location. They voted "GRANTED" on this applica- tion and the Alcoholic Beverages Control Commission "AP- PROVED" same.
The Somerville Commission received two applications for change of business name. These were "APPROVED" by the Somerville Commission and the Alcoholic Beverages Control Commission.
251
LICENSING COMMISSION
The Somerville Commission received nine applications for change of manager during 1953 and three applications for change of manager for 1954. These were "APPROVED" by the Somerville Licensing Commission and the Alcoholic Beverages Control Commission.
The Somerville Commission received two applications for a one car lubritorium, one application for a one car garage and one application for a two car garage. After holding hearings on these four applications, the Somerville Commis- sion "GRANTED" these applications.
The established policy of the Somerville Commission rela- tive to routine matters of office procedure has not materially changed. The Somerville Licensing Commission after inspec- tion and consideration decided to continue their policy of restricting so-called entertainment in all restaurants. Only the radio and music box was allowed for the year with two excep- tions :- Coyne's Sportsmen's Grill Inc. - d/b/a - "Memory Lane" which was issued a full entertainment and dance license. for 1953 and the 318 Lounge, Inc., which was issued a full entertainment license for 1953.
A general inspection of all restaurants brought out the fact that all establishments are now equipped with adequate toilet and washing facilities.
We acknowledge the splendid co-operation and whole- hearted support given our Commission by Police Inspectors, Captain Thomas Sharry and Inspector Frederick McGovern and Board of Health Inspector Thomas J. Hagerty assigned to our Board. We also wish to acknowledge the efficient and faithful service of our clerk, Mary I. Kenney.
An itemized report of the fees received during the year- ending December 31, 1953 is as follows:
252
ANNUAL REPORTS
REPORT OF THE LICENSING COMMISSION FOR THE YEAR 1953
Licenses Granted and Fees Received:
69-Renewals (1954) All Forms Restaurant Licenses 7-Day
$1,000.00
$69,000.00
1-Renewals (1954) All Forms Restaurant Licenses 6-Day
800.00
800.00
3-Renewals (1954) Beer & Wine Restau- rant Licenses 7-Day
400.00
1,200.00
1-New License (1953) All Forms Club Licenses 7-Day
150.00
150.00
1-New License (1954) All Forms Club Licenses 7-Day
150.00
150.00
14-Renewals (1954) All Forms Club Li- censes 7-Day
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