USA > Massachusetts > Norfolk County > Weymouth > Town annual report of Weymouth 1961 > Part 12
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The continued interest of the trustees, the staff and the towns- people in the Tufts Library makes our work a joint endeavor with the goal of the best possible library service to all.
Respectfully submitted, ELEANOR T. COONEY, Town Librarian
GIFTS OF BOOKS AND PERIODICALS TO THE TUFTS LIBRARY 1961
The Trustees acknowledge gratefully gifts of books and periodicals from the following persons:
Elizabeth Achelis, Theresa Ahearn, Mrs. G. Barton, David and Mrs. Edith Cavander, Mrs. Bernice D'Acci, Mr. and Mrs. Frederick Darling, Mrs. George Drew, Stella T. Fearing, Valerie Gale, Russell Gettemv. Mrs. C. H. Goldwaite, Mrs. William E. Hall, Mr. Herbert Hollis, Dr. Harvey Lemon, Mrs. Carolvn Lilla, Parker Lord, Arthur McMillan, Mrs. Alice Marr, Robert Pitts, Mrs. Marjorie Powers, Mrs. Arthur Reade, Gladys Reed, Denise Richardson, B. A. Royce, Ellis Smith, Mrs. John Taylor, Mr. Gordon Teague, Brenda Tileston, Mrs. Clara Wooten.
Friends or relatives gave books in memory of the following people: Mrs. Mary Torrey, Mrs. Clara Stiles and Mrs. Margaret Curtis.
The Trustees also wish to take this opportunity to thank other public libraries and the various government departments for their pub- lications and the following organizations:
Arnkrone, Denmark, Boston Edison Co., Dutton & Co., St. Martin's Press, Prentice-Hall, Rhines Lumber Co., University Press, Weymouth Chapter League of Women Voters.
STATISTICAL REPORT OF THE TUFTS LIBRARY-1961
Date of founding
Population served (Federal Census, 1960)
1879 48,177
Assessed valuation of the Town $119,728,250.000
Total number of agencies consisting of:
Main Library
1
Branches
7
Schools
16
Classroom collections 100
Number of days open during the year
291
Number of hours per week open for lending and reading
69
144
INCREASE
Adult
Juve- nile 35,717
Young Adult
Total
Number of volumes at beginning of year
58,074
7,706
101,497
Number of volumes added in 1961
4,828
3,387
610
8,825
Number of volumes withdrawn
2,696
1,049
166
3,911
Number of volumes December 31, 1961 60,640
38,133
8,074
106,847
USE
Adult
Juvenile
Total
Number of volumes of non-fiction loaned for home use
76,451
138,728
215,179
Number of volumes of fiction loaned for home use
87,622
75,013
162,635
Number of phonorecords loaned for home use (Included in non-fiction count)
2,781
426
3,207
164,073
213,741
377,814
Number of volumes loaned through school collections
58,200
Total number of loans
436,014
REGISTRATION REPORT FOR 1961
Number of borrowers registered to December 31, 1960
17,804
Number of borrowers registered in 1961
Tufts Library (Main)
663
Adult Juvenile
386
1,049
North Weymouth
Adult
288
Juvenile
321
609
East Weymouth
Adult
245
Juvenile
303
548
Weymouth Heights
Adult
10
Juvenile
51
61
Lovell's Corner
Adult
54
Juvenile
41
95
Nash's Corner
Adult
23
Juvenile
124
147
Pond Plain
Adult
50
Juvenile
148
198
Homestead
Adult
6
Juvenile
68
74
Total
2,781
145
1,895 Number of registrations void through death or removal from Town 237
2,132
Total number of borrowers to December 30, 1961
18,453
CIRCULATION REPORT FOR 1961
Tufts Library (Main)
Grand fotal
Adult
Fiction 38,117
Non- Fiction 42,406 30,393
80,523
Juvenile
16,386
46,779
54,503
72,799
127,302
127,302
North Weymouth Branch
Adult
22,786
14,382
37,168
Juvenile
15,524
25,789
41,313
38,310
40,171
78,481
78,481
East Weymouth Branch
Adult
14,849
11,458
26,307
Juvenile
13,443
23,272
36,715
28,292
34,730
63,022
63,022
Weymouth Heights Station Adult
722
507
1,229
Juvenile
3,493
7,934
11,427
4,215
8,441
12,656
12,656
Lovell's Corner Station
Adult
1,712
1,602
3,314
Juvenile
7,984
13,893
21,877
9,696
15,495
25,191
25,191
Nash's Corner Station
Adult
3,797
3,019
6,816
Juvenile
4,553
12,552
17,105
8,350
15,571
23,921
23,921
Pond Plain Station
Adult
5,108
2,806
7,914
Juvenile
9,397
17,084
26,481
14,505
19,890
34,395
34,395
Homestead Station
Adult
531
271
802
Juvenile
4,233
7,811
12,044
4,764
8,082
12,846
12,846
Circulation from books loaned to schools
58,200
Grand Total Pictures and maps
436,014
2,569
146
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Number of registrations expired in 1961
Total
1
ANNUAL REPORT OF THE TOWN COUNSEL
January 15, 1962
Town of Weymouth
The Honorable Board of Selectmen
Town Hall 75 Middle Street
East Weymouth 89, Massachusetts
Gentlemen:
I respectfully submit the following as my annual report on the activities of the office of the Town Counsel of the Town of Weymouth.
During the period of time covered by this report, this office has handled an unparalleled volume of litigation and claims by and against the Town.
A total of 47 cases, claims, actions or suits, by or against the Town of Weymouth have been disposed of either by settlement on terms con- sidered favorable to the Town or by trial before a single justice in the District or Superior Court or before a jury.
Approximately 30 other claims were filed against the Town for personal injuries alleged to have arisen from negligent defects in our highways and byways. In connection with such claims, this office has followed a policy with the cooperation of the Chief of Police of having a prompt police investigation of all such claims to determine the cir- cumstances surrounding the claims, the liability of the Town, and in immediate physical examination of the injured party by a physician designated by this office. As a result of the adoption of these proceed- ings, only $713.30 has been expended this year in full settlement of any claim or claims of this type which seems to be on the increase and plaguing all communities. This sum is extremely small when you con- sider that a nearby community expends $15,000 to $20,000 each year on this type of litigation. Much credit is due to the prompt and efficient investigations conducted by our Police Department on all claims sub- mitted.
In payment of claims or actions arising out of the taking of real property by eminent domain as authorized by votes of the Town Meet- ing, the sum of $133,700 was expended this year. A descriptive list of land damage cases is attached hereto for your perusal.
During the annual year covered by this report, this office has for- warded to the Office of the Town Treasurer the sum of $20,883.05 re- ceived from the settlement or prosecution of claims or actions instituted by this office on behalf of the Town. At the present time there are 27. cases pending in this office by and against the Town; a descriptive list of the same being attached hereto for your perusal.
SETTLED CASES:
OMAN REALTY INC. vs. TOWN OF WEYMOUTH: An action for the taking of 630 square feet of land, more or less, in connection with the widening of Commercial Street by Order of Taking dated April 4, 1960, duly recorded in the Norfolk County Registry of Deeds, Book 3807, Page 184. This action was settled by negotiations with the
147
owner for $5,000, said sum to be paid when that portion of the Wey- mouth Theatre building was removed from the land taken by the Town, and only after certification by the Building Inspector in writing to the Town Counsel that the building was removed to his satisfaction. Any and all expenses for the removal of the said structure were assumed by the Oman Realty Inc. Release and deed secured from the owners, said deed duly recorded in the Norfolk County Registry of Deeds.
A. JOSEPH VACHON and MILDRED M. VACHON vs. TOWN OF WEYMOUTH: An action for the taking of 240 square feet of land, more or less, in connection with the widening of Commercial Street. This action was settled bv negotiations for the payment of $240. Release and deed secured from owners, said release duly executed by the North Weymouth Co-operative Bank of its interest as mortgagee, said deed duly recorded in the Norfolk County Registry of Deeds.
REINE M. HANSEN and FREDERICK C. HANSEN vs. TOWN OF WEYMOUTH: An action for the taking of 100 square feet of land, more or less, in connection with the widening of Commercial Street. This action was settled by negotiations for the payment of $50. Release and deed secured from owners, said deed duly recorded in the Norfolk County Registry of Deeds.
JOSEPH F. LePAGE and IRENE M. LePAGE vs. TOWN OF WEYMOUTH: An action for the taking of 160 square feet of land, more or less, in connection with the widening of Commercial Street. This action was settled by negotiations for the payment of $160. Re- lease and deed secured from owners, said release duly executed by the North Weymouth Co-operative Bank of its interest as mortgagee, said deed duly recorded in the Norfolk County Registry of Deeds.
C. H. ROGERS REALTY CORPORATION vs. TOWN OF WEY- MOUTH: An action for the taking of 470 square feet of land, more or less, in connection with the widening of Commercial Street. This action was settled by negotiations for the payment of $470. Release and deed secured from owner, said release duly executed by the South Shore Co- operative Bank of its interest as mortgagee, said deed duly recorded in the Norfolk County Registry of Deeds.
RICHARD N. BRACE, SR. and ANITA L. BRACE vs. TOWN OF WEYMOUTH: An action for the taking of 680 square feet of land, more or less, in connection with the widening of Commercial Street. This action was settled by negotiations for the payment of $50. Release and deed secured from owners, said release duly executed by the East Boston Savings Bank of its interest as mortgagee, said deed duly re- corded in the Norfolk County Registry of Deeds.
ROMAN CATHOLIC ARCHBISHOP OF BOSTON vs. TOWN OF WEYMOUTH: An action for the taking of 6,090 square feet of land, more or less, in connection with the widening of Commercial Street. This action was settled by negotiations for the payment of $11,806. This office retained the services of one Charles W. Burgess (Chairman of the Board of Assessors) to appraise the value of the land taken, and also requested the Building Inspector of the Town of Wey- mouth to appraise the damage to the buildings. Mr. Burgess appraised the value of the land at $7,600, and Mr. Chisholm certified to this office that the estimated damage to the rectory on the property was $1,092 and the damage to the Community House was $3,114, making a com- bined total of $11,806, being the amount accepted by the property owner.
148
ESTATE OF SEWARD W. TABER, ORRIN W. TABER, WIL- LIAM TABER, RANDALL H. WALKER, and SOUTH SHORE NA- TIONAL BANK OF QUINCY, as they are executors of the will of Seward W. Taber, vs. TOWN OF WEYMOUTH: An action in the Nor- folk County Superior Court returnable April 3, 1961, for the taking of 1,260 square feet of land, more or less, in connection with the widen-' ing of Commercial Street. This action was settled by negotiations for the payment of $6,200. This action was settled for a substantial sum less than our appraised valuation. The sum of $338 was collected from the tenants of the two family dwelling on this property which further? reduced the overall cost to the Town.
MASON B. FLEMING vs. TOWN OF WEYMOUTH: An action in the Norfolk County Superior Court for the taking of 23.56 acres of land on Pleasant Street for school purposes. The Town of Wevmouth secured three appraisals of this property, one from Arthur Boynton in the amount of $48,000, one from Allan Wingate in the amount of $51,250, and one from Francis A. Gunn in the amount of $31,300. This action was commenced in the Norfolk County Superior Court, and, at a conference in the lobby of Justice Cahill, a settlement was reached in the amount of $42,500, without costs or interest. This office insisted that the agreed settlement figure be without interest. Under the General Laws, the plaintiff is entitled to interest upon his judgment at the rate of four per cent In this particular case, interest would have amounted to ap- proximately $4,000. There was deducted from this settlement the sum of $587.28 on account of taxes and municipal assessments upon the prop- erty.
DOMINIC S. GIANNONE and ROSE R. GIANNONE vs. TOWN OF WEYMOUTH: An action in the Norfolk County Superior Court for the taking of land in connection with the widening and reconstruction of Green Street. This action was settled by negotiations for the pay- mont of $700. No expenses were incurred by the Town in the disposition of this case insofar as appraisal fees were concerned.
THE STETSON SHOE COMPANY INCORPORATED vs. TOWN OF WEYMOUTH: An action for the taking of 6 acres of land, more or less, for the protection of the water supply. This action was settled by negotiations for the payment of $600, without costs or interest.
GERTRUDE L. DeWILLOUGHBY, TRUSTEE FOR JUNE L. DeWILLOUGHBY vs. TOWN OF WEYMOUTH: An action for the taking of 11/4 acres of land, more or less, for the protection of the water supply. This action was settled by negotiations for the payment of $225.
MARION L. NASH, CLAYTON W. NASH. CONSTANCE E. HARTWELL, HAROLD B. NASH, RICHARD W. NASH and PHILIP L. NASH vs. TOWN OF WEYMOUTH: An action for the taking of 6 acres of land, more or less, for the protection of the water supply. This action was settled by negotiations for the payment of $600, without costs or interest.
WALTER L. MESERVE vs. TOWN OF WEYMOUTH: An action for the taking of 41/2 acres of land, more or less, for the protection of the water supply. This action was settled by negotiations for the pay- mont of $500, without costs or interest.
LOUISE M. CATE, MIRIAM R. STURGEON and LORING V. TIRRELL vs. TOWN OF WEYMOUTH: An action for the taking of 37
149
acres of land, more or less, for the protection of the water supply. This action was settled by negotiations for the payment of $3,300, without costs or interest.
C. HEALY COMPANY, INC., vs. TOWN OF WEYMOUTH: An action for the taking of 11.2 acres of land, more or less, for water supply purposes. This action was settled by negotiations for the pay- ment of $20,000, without costs or interest. There was deducted from the settlement figure the sum of $386.95 for the installation of common sewer on Winter Street, and a proportionate share of the 1960 real estate taxes. This office secured an appraisal of this property in the amount of $23,300.
PETER CUGINI vs. TOWN OF WEYMOUTH: An action in the Norfolk County Superior Court for the taking of 206 square feet of land, more or less, for the alteration and widening of Broad Street. This action was tried before a jury in the Norfolk County Superior Court. The jury returned a verdict in the amount of $2,500, with inter- est to be added for the plaintiff.
JAMES H. CORRIGAN, JR. and MARGARET A. HARTE CORRI- GAN vs. TOWN OF WEYMOUTH: An action in the Norfolk County Superior Court for the taking of 4.15 acres of land for the developing of an emergency water supply. This office secured an appraisal of this property in the amount of $17,500. Before the case was called for trial in the Norfolk County Superior Court, a conference was called at my office at which time the plaintiffs and their attorney were present. As a result, this action was settled by negotiations for the payment of $9,300. I was advised by the Department of Public Works that the land contained approximately 100,000 cubic yards of gravel which was included in the taking.
ALLIE R. RUBOLINO and MARION R. RUBOLINO vs. TOWN OF WEYMOUTH: An action in the Norfolk County Superior Court for the taking of land for school purposes, containing approximately! 336,719 square feet. This office secured an appraisal of the property in the amount of $8,800. This action was settled by negotiations for the payment of $8,800, without costs or interest.
EMIL LITWIN and HELEN LITWIN vs. TOWN OF WEY- MOUTH: An action in the Norfolk County Superior Court for the taking of 96,220 square feet of land, more or less, with tht buildings thereon, for water supply purposes. In statements under the penalties of perjury, the Plaintiff stated that the estimated appraised value was $3,500. This action was settled by negotiations for the sum of $1,775, without costs or interest. All real estate taxes and municipal assess- ments at the time of the taking were also deducted.
HARRY M. GIFFORD and MAYBELLE W. GIFFORD vs. TOWN OF WEYMOUTH: An action in the Norfolk County Superior Court for the taking of 20,800 square feet of land, more or less, on Pleasant Street, for water supply purposes. This property was appraised at $5,800. This action came on to be heard in the Norfolk County Superior Court before a jury on April 7, 1961, through April 13, 1961. The jury returned a verdict in the amount of $5,500, with the statutory! interest to be added thereto. The Petitioner subsequently filed a motion for a new trial on the grounds that the jury verdict was inadequate. The Petitioners withdrew their appeal and on September 20, 1961, pay- ment was requested.
150
MICHAEL J. MONAHAN and MARGARET MONAHAN vs .. TOWN OF WEYMOUTH: An action for the taking of 1,200 square feet of land, more or less, for the protection against highway and shore erosion under Article 20 of the 1961 Annual Town Meeting. The owners. purchased this property in 1931 at a cost of $2,300 and was assessed for $1,850. This action was settled by negotiations for the payment of $2,700 without costs or interest.
GEORGE E. DURBECK vs. TOWN OF WEYMOUTH: An action for the taking of 800 square feet of land, more or less, with the building thereon, for the protection against highway and shore erosion under- Article 20 of the 1961 Annual Town Meeting. This property was as- sessed for $1,925 and purchased by the owners in 1921. This action was. settled by negotiations for the payment of $2,700 without costs or in- terest. There was deducted from this sum the amount of taxes due the Town of Weymouth at the time of the taking.
JOSEPH KAUKOLA and HELEN KAUKOLA vs. TOWN OF WEYMOUTH: An action for the taking of 500 square feet of land, more or less, with the building thereon, for the protection against high- way and shore erosion under Article 20 of the 1961 Annual Town Meet- ing. This property was purchased by the owners in 1956 at a cost of $3,200 and the same was assessed for $1,850. This action was settled by negotiations for the payment of $3,500 without costs or interest. There. was deducted from this sum the amount of taxes due the Town of Wey- mouth at the time of the taking.
WALTER F. FRAZIER and ISRAEL B. FRAZIER vs. TOWN OF WEYMOUTH: An action for the taking of 800 square feet of land, more or less, with the building thereon, for the protection against highway and shore erosion under Article 20 of the 1961 Annual Town Meeting. The owners purchased this property in 1956 at a cost of $2,000 and the property was assessed for $2,500. This action was settled by negotiations for the payment of $2,500, without costs or interest. There was deducted from this sum the amount of taxes due the Town of Weymouth at the time of the taking.
JOHN D. SULLIVAN and CATHERINE E. SULLIVAN vs. TOWN OF WEYMOUTH: An action for the taking of 53,600 square feet of land, more or less, with the building thereon, for the protection against highway and shore erosion under Article 20 of the 1961 Annual Town Meeting. The owners purchased this property in 1958 for the sum of $3,500 and was assessed for $2,125. This action was settled by negotiations for the payment of $3,700, without costs or interest. There was deducted from this sum the amount of taxes due the Town of Weymouth at the time of the taking.
(In the five foregoing cases being eminent domain takings pur- suant to Article 20 of the Annual Town Meeting of 1961, there were no funds expended for the employment of appraisers in connection with the settlement of these cases. Appraisal fees run from $300 to $500 per parcel of land.)
GEORGE A. PASQUALUCCI and FRANCES PASQUALUCCI vs. TOWN OF WEYMOUTH BOARD OF APPEALS ET AL 11: A Bill in Equity in the Norfolk County Superior Court to appeal the decision of the Weymouth Board of Zoning Appeals re non-conforming use of a building at 431 Pine Street. This action was tried before the Justice of the Superior Court and a final decree was filed upholding the decision of the Board of Zoning Appeals.
151
GEORGE WINFIELD PRICE and MARJORIE N. PRICE VS. TOWN OF WEYMOUTH: An action in the Norfolk County Superior Court for the taking of 34,700 square feet of land for drainage ease- ment purposes. This action was settled by negotiations for the payment of $750, without costs or interest.
JOHN J. WHITE and MARGUERITE M. WHITE vs. TOWN OF WEYMOUTH: An action in the Norfolk County Superior Court for the taking of 1,130 square feet of land in connection with the widening of Commercial Street. This action was settled by negotiations for the payment of $500, without costs or interest.
H. E. FLETCHER CO. vs. DelPRETE CONSTRUCTION CO., INC. and TOWN OF WEYMOUTH ET AL 11: A Bill in Equity filed in the Suffolk Superior Court seeking to establish a lien on certain funds held by the Town of Weymouth, all in connection with certain construc- tion work performed by the DelPrete Construction Co. This action was settled by agreement of all parties concerned without cost to the Town of Weymouth.
LILLIAN LAWRENCE vs. TOWN OF WEYMOUTH: An action in the District Court of East Norfolk for personal injuries alleged to have resulted from a defect in a highway. This action was settled by negotiations for the payment of $375. Settlement approved by the Board of Selectmen on January 30, 1961.
DONNA M. CICCARELLI, PPA, vs. TOWN OF WEYMOUTH: An action in the Norfolk County Superior Court with an ad damnum in the amount of $5,000 for personal injuries alleged to have resulted from a defect in a highway. This action was investigated by this office and it was determined that liability rests with an insurance company covering a contractor who performed a public works job in the area. This action was settled without cost to the Town.
DELORES CAROL GARCIA vs. TOWN OF WEYMOUTH: An action in the Norfolk County Superior Court with an ad damnum in the amount of $50,000 for personal injuries alleged to have resulted from a defect in a highway. This action was ordered transferred by the Justice of the Superior Court to the District Court of East Norfolk for trial. Case tried before Judge Herbert D. Robinson on February 1, 1961, with a finding in favor of the Town of Weymouth. The Plaintiff failed to retransfer the case to the Superior Court in accordance with: the provisions of the General Laws; therefore, judgment of Judge Rob- inson became final.
HELEN E. LEVIN vs. WEYMOUTH BOARD OF ZONING AP- PEALS and RUTH M. POPE: A Bill in Equity in the Norfolk County Superior Court seeking to reverse the decision of the Board of Zoning Appeals re issuance of special permit for the construction of an addi- tion to the Pope Nursing Home. This action was tried before the Justice of the Superior Court and a final decree was filed upholding the de- cision of the Board of Zoning Appeals.
THOMAS GIANNONE vs. CHARLES McCOLOUGH (Employee of Tufts Library): A criminal complaint issued against an employee of the library whom this office represented by direction of the Board of Se- lectmen. This action came on to be heard in the District Court of East Norfolk and was dismissed without prejudice after a conference called by the court.
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PRISCELLA A. DERBY ET AL 11-Partition proceedings in the Norfolk County Probate Court. A Petition filed in the Norfolk County Probate Court seeking the appointment of a commissioner to sell certain property in South Weymouth. This office appeared on behalf of the Town to protect the claims of the Town of Weymouth in the amount of $1,171.70 for real estate taxes dated back from 1956 and the sum of $282.50 on account of Old Age Assistance rendered. Decree of the court entered ordering payment to the Town of Weymouth of the foregoing sums.
JOHN BRACK, PPA, and ALBERT BRACK vs. TOWN OF WEY- MOUTH: An action in the Norfolk County Superior Court with an ad damnum in the amount of $10,000 for personal injuries alleged to have resulted when the plaintiff was in a collision with fire apparatus. This action was settled by the insurance carrier of the Town without cost to the Town of Weymouth.
JAMES H. CORRIGAN, JR. and MARGARET A. HARTE COR- RIGAN vs. TOWN OF WEYMOUTH: An action in the Norfolk County Superior Court being an action of tort for conversion of 1,000 cubic yards of gravel by the Department of Public Works. It is alleged thati the Department of Public Works trespassed over the boundary line and removed 1,000 cubic yards of gravel inadvertently. This action was settled by negotiations for the payment of $200 without costs or in- terest.
ROBERT PATERSON vs. TOWN OF WEYMOUTH: An action in the Norfolk County Superior Court with an ad damnum in the amount of $4,000 for personal injuries alleged to have resulted from a defect in a highway. This action was settled by negotiations for the payment of $150 without costs or interest.
CHARLOTTE E. AVERY vs. TOWN OF WEYMOUTH: An action in the Norfolk County Superior Court with an ad damnum in the amount of $10,000 for personal injuries alleged to have resulted from a defect in a highway. This action was settled by negotiations for the payment of $100.
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