USA > Massachusetts > Middlesex County > Melrose > City of Melrose annual report 1890-1892 > Part 11
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Cost of Roller at Newport, R. I., $ 600 00
Freight to Melrose, 48 00
Expenses of Selectmen to Newport, . 18 50
" F. G. Parker, engineer, to Newport, 3 68
670 18
Paid out to engineer (7934 days)
199 37
Paid for coal, wood, oil, etc., 185 47
1055 02
Less amount received from contractors East
Middlesex Railway Co., 84 86
Total net cost, 970 16
Credit by 7934 days (less 8)=7134 days work at price paid for Steam Rollers when hired, at $15 per day, 1076 25
Earned by the Roller besides its entire cost, 106 09
WASHINGTON STREET.
With the surplus material taken from the macadamizing of Wyoming avenue the street and sidewalk have been re- built on Pleasant street south, to Gould street, and from that point on Washington street to the Fells school house.
This walk should be continued in the spring to the Mal- den line, and the Pleasant street sidewalk should also be continued from Gould street to the rubber factory.
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REPORT OF SELECTMEN.
GROVE STREET DRAINAGE.
After a thorough examination of the troubles existing on Grove street, the Selectmen decided to construct six catch basins at different points between Gooch street and Dell avenue, connecting all with a 12-inch drain pipe, discharg- ing into a tributary of Ell pond brook at said avenue. This section is now completely relieved of troubles heretofore existing at the corner of Lebanon street, which could be treated successfully in no other way. Other catch basins should be constructed on the corner of Gooch and Meridian streets, which when connected with the pipe above men- tioned will complete a much needed improvement.
SECOND STREET GRADE.
This matter having been referred to the Selectmen, said street has been put in condition, as requested by petitioners.
SWAIN'S POND CIRCUIT, ELECTRIC LIGHTS.
In accordance with your vote, the Selectmen have caused to be placed "where needed in the southeasterly section of the town" a circuit of forty incandescent lights.
PORTABLE BAND STAND.
Agreeable to your instructions, we have constructed a portable band stand which was in use during the season by our local band.
TOOL SHED.
As ordered, we have constructed a convenient shed on
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REPORT OF SELECTMEN.
the rear of the Town Hall lot, in which are deposited the steam roller and various other tools and vehicles used by the Highway department.
CATCH BASINS AND DRAINS.
We respectfully request the attention of citizens to the excellent showing made in this department, all of which will be found minutely tabulated and detailed in its appro- priate place. Continuance in this very important work is desirable, as many sections can be properly treated by no other method. The luxury of dry streets where pools of water have heretofore existed must be appreciated by all.
GRANITE CROSSINGS.
All crossings provided for by your orders to this Board have been laid except the one across Main street at foot of Mt. Vernon street.
STREETS ACCEPTED.
The following streets have been laid out and accepted by the town, viz :
Extension of Walton Park to Franklin street.
" Highland street ..
66 " Summit avenue.
6. " Grove street, easterly.
WALTON PARK.
The contractor, Mr. John Duff, having failed to build this
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REPORT OF SELECTMEN.
street to the acceptance of the Selectmen we declined to settle a balance claimed, and finished the street in other ways, paying for the same out of moneys retained on ac- count of the contract. The action of the contractor in this case was a source of much annoyance to the public as well as trouble to the Board.
EXTENSION OF PERKINS STREET TO STONEHAM LINE.
In accordance with your instructions, the Selectmen ap- peared before the County Commissioners and requested a stay of proceedings for the term of five years as you di- rected. No reply has been received up to this date.
MAIN STREET WIDENING.
The town has received no official order regarding this matter, but inasmuch as the Commissioners have quite re- cently set stone boundary posts within the limits of private property from Mount Vernon to Green street, it is reason- able to suppose that the various protests of the town as voiced by your Selectmen, have had no effect upon the Hon. Board of County Commissioners and that the widen- ing is as good as ordered.
DISCONTINUANCE OF CHURCH STREET, A PORTION OF UPHAM STREET.
A hearing upon this subject was ordered by the County Commissioners at the Selectmen's room June 10th, 1891. Inasmuch as this was never a county road, and the town, some years since refused to discontinue it, the Board of Selectmen were successful in convincing the Hon. Board of
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County Commissioners that this was a matter over which the county had no jurisdiction. The petition was dis- missed.
TOWN HALL.
The outside wood-work of the hall has been repaired and painted during the last season, as it was in a very bad con- dition. We wish to call attention to the new and beautiful vane which surmounts the tower. It is the gift of William Bailey, Esq., one of our oldest and most respected citizens, who paid all cost connected with its purchase and placing in position.
STEAM RAILROAD TO STONEHAM.
A location has been granted by this Board for a branch road from the Boston & Maine R. R. at the Fells station - to the town of Stoneham. No streets will be crossed at grade.
PERMITS GRANTED.
To the East Middlesex Street railway, a double track from Malden line to Mt. Vernon street.
To the East Middlesex Street railway permission to oper- ate road by electricity.
To the New England Telephone & Telegraph Co., line of poles from Wyoming avenue to Wakefield on the Main street, making a through line which will be of great public benefit when completed.
To the Melrose club, the Melrose Highlands club and the Athletic club each to erect bowling alleys, under special re- strictions in each case.
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REPORT OF SELECTMEN.
SUITS VS. TOWN.
A. V. Lynde for action of the Water Commissioners at Spot pond.
D. L. Taylor claim for water damages to his green-house. These will be contested.
Norris D. Sterry who commenced suit for damages caused by slipping on the ice, committed suicide before the case came to trial. Death ends it.
The case of F. A. H. Norcross for the death of horse by being driven out of the highway into a pool of water and drowned, has been abandoned.
DAMAGE CASES SETTLED.
J. H. Bowen, damages to horse, carriage and person on Howard street, $40.
H. C. Richardson, damages to wagon on highway, $7.50.
Thomas Cassells, damages for removing house in widen- ing Park street, $100.
Thomas P. Bond, damages for removal of wall, embank- ment, etc., corner Main and Short streets, $150.
LABORERS UPON HIGHWAYS, ETC.
In accordance with your vote preference has been given to citizens and tax-payers as laborers upon highways, and the pay for able-bodied men has been $2 per day. Others are graded in accordance with their working capacity. Teams have been raised to $1.75 each horse.
SEWALL WOODS.
The transfer of about nine acres of woodland, adjacent to
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Perkins and Vinton streets, in its natural state, formerly be- longing to our distinguished fellow-citizen, the late Hon. Samuel E. Sewall, for the purpose of a public park to be known as Sewall Woods, has been completed, through the public spirit of Mrs. Edward C. Cabot of Brookline, a daughter of Mr. Sewall. The town having accepted this gift at a previous meeting, it will be necessary to appropri- ate a sum sufficient to build the roadway around said park which is a condition named in the deed. With light annual appropriations for the purpose of keeping this street in re- pair and the underbrush trimmed up, this park will remain as it is, one of the most lovely spots of its size in all New England. Appended will be found a copy of the conveyance of Sewall Woods to the town.
KNOW ALL MEN BY THESE PRESENTS:
That we, Edward C. Cabot of Brookline, in Norfolk county, and Commonwealth of Massachusetts, and Louisa S. Cabot, wife of said Edward C. in her right, in considera- tion of the desire of said Louisa that the land hereinafter described shall be held and maintained as a public park in memory of her father, the late Samuel E. Sewall, who occupied and preserved it for many years, and in accord ance with the wishes of her late sister, Dr. Lucy E. Sewall, and in further consideration of the sum of one dollar to us paid by the inhabitants of the town of Melrose, a muni- cipal corporation, the receipt whereof is hereby acknow- ledged, do hereby grant, remise, release and forever quit- claim unto the said inhabitants of the town of Melrose, two certain parcels of land, situated in Melrose, in Middlesex county, and said Commonwealth, and the same shown on a " Plan of Sewall Woods, Melrose" by Walter C. Stevens, C. E., dated November, 1891, to be recorded herewith, the first of which is bounded as follows : Beginning at a point on the north-easterly line of Perkins street, at the dividing line
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REPORT OF SELECTMEN.
between the Sewall homestead lot and land hereby con- veyed, and thence running northeasterly by said home- stead one hundred four and forty one-hundredths feet (104.40 ft.); thence southeasterly by said homestead, two hundred and ten feet (210 ft.); thence northeasterly by said homestead, three hundred and thirty-two and sixty- seven one-hundredths feet(332.67 ft.); to the new road shown on said plan, called Sewall Woods road; thence by said road, northwesterly by four courses seven hundred and fifty-seven and sixty-nine one-hundredths feet (757.69 ft. ); thence by said road, in a generally westerly direction by three courses, two hundred fourteen and thirty-four one- hundreds feet (214.34); thence by said road southwesterly by three courses, six hundred thirty-five and three one- hundredths feet (635.03 ft.); thence by said road in a gener- ally southerly direction, by five courses, three hundred fifty-seven and eighty-one one-hundredths feet (357.81 ft.), to said Perkins street; thence southeasterly by said Perkins street, one hundred six and seventy-four one hundredths feet (106.74 ft.) to the point of beginning, and contain- ing about nine (9) acres of land, be the same more or less.
The second parcel is situated westerly of the first above described, and is bounded as follows: Easterly by said Sewall Woods road; northerly by other land of grantor; and westerly and southerly by land of J. H. Buffum. In- tending also to convey to said grantees said Sewall Woods road as shown on said plan, to be held by said grantees for all the usual purposes of a public street or way.
To have and to hold the afore granted premises with all the privileges and appurtenances thereto belonging, unto the said inhabitants of the town of Melrose, to their own use and behoof forever, but to be forever kept open and maintained as a public park or parks, to be known as Sewall Woods and to be held and maintained under the provisions of chapter 154 of the Acts of said Commonwealth made in the year 1882, entitled "An Act authorizing towns and cities to lay out public parks within their limits," and such amendments, substitutes and additions thereto and therefor as have been or may hereafter be made by the
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REPORT OF SELECTMEN.
Legislature of said Commonwealth. And this conveyance is made upon the the following express conditions :
First. That said town of Melrose shall at the next annual town meeting appropriate the necessary funds for building the said Sewall Woods road, located and shown on said plan, and
Second. Shall within one year from said town meeting, cause said road to be built in a good workmanlike manner, and to be accepted by said town as a public way and opened for public use, and
Third. That no betterment or assessment shall be laid upon other real estate of said Louisa S. Cabot, abutting on or near said Sewall Woods road, on account of said woods or of said road, additional to the usual and ordinary taxes as- sessed on the real estate of the property owners in said Melrose.
And said grantor, Louisa S. Cabot, hereby expresses her wish, but not intending the same to be a condition or re- striction, that none of the trees on said premises shall be cut down unless decayed or that it shall be considered necessary so to do for the benefit of the remaining ones, or for the benefit of the public use of said woods and that the woods shall be maintained as far as possible, or reasonable in their present wild condition.
And we do hereby for us and our heirs, executors and administrators, covenant with the said grantees, that the granted premises are free from all encumbrances made by us, and that we will and our heirs, executors and adminis- trators shall warrant and defend to the said grantees forever, against the lawful claims and demands of all persons claim- ing by, through or under us, but against none other.
In witness whereof, we, the said Edward C. Cabot and Louisa S. Cabot, have hereunto set our hands and seals this first day of January, in the year eighteen hundred and ninety-two.
In presence of, EDWARD C. CABOT. (Seal.) LOUISA S. CABOT. (Seal. )
COMMONWEALTH OF MASSACHUSETTS.
Suffolk, ss :
January 18th, 1892.
Then personally appeared the above named Louisa S.
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REPORT OF SELECTMEN.
Cabot, and acknowledged the foregoing instrument to be her free act and deed. Before me,
GEO. A. DARY, Justice of the Peace.
REPORTS.
Attention is called to the reports of the Inspector of Buildings and the Chief of Police, each of which will furnish information of interest.
ELL AND SPOT POND BROOKS.
These very important public improvements have pro- gressed as far as the appropriation at our command would allow. The work on Spot pond brook has been completed under contract with Edward L. Whittier. All culverts on the line of this brook, to and including Wyoming avenue are now widened to eight feet, being the width established by the County Commissioners under the act of 1869. The water is now flowing freely and there will be no further trouble as long as the channel is kept open. The benefits to the entire section tributary to this brook cannot be esti- mated. At the very last moment the parties to whom we awarded the contract to do the work on Ell pond brook de- clined to sign and it became necessary for the Superinten- dent of Streets to go on with it. This he did in a thoroughly business and workmanlike manner, and the result is that the culverts on Main, Grove and Berwick streets have been widened to twelve feet in the clear, while the brook itself has been dredged out to about 24 inches deeper than before, giving the water that amount of extra fall. The vote under which the Selectmen were clothed with authority to com- mence this work, read in part as follows, viz: "To secure by all proper means the enlargement, if deemed necessary
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REPORT OF SELECTMEN.
by them, of the culvert under the Boston & Maine Railroad, and of the brook and drain under any building or erection within the lines of the layout by the County Commissioners, etc." Negotiations were early commenced by the Chairman of your Board, into whose hands the entire subject matter has been placed by his associates, with the Boston & Maine R. R., but a series of vexatious delays occurred, so that the work was not commenced on the culvert at Wyoming until winter had set in, much to the annoyance and inconvenience of the public. We have however to say that the railroad is doing a magnificent job, at their own expense, which when finished will last for generations. The Chairman also opened negotiations with Ira Hiland of Boston, owner of the store at Wyoming occupied by L. W. Gilman, under which Ell pond brook runs. As a result Mr. Hiland agreed to pay the sum of $350, being the estimated cost of widening, deepening, etc., under said store, subsequently requesting additional work done, and agreeing to pay whatever the cost might be. On presenting the bill, however, much to the sur- prise of your Board, he ignored every agreement, although his name was signed to pay the sum of $350 and there was nothing left except to commence proceedings in law, which have been instituted for the recovery of this honest indebt- edness. Your vote also directed us "to request and secure by all proper means the removal of all obstructions in said brook and drain within the city of Malden."
Acting under these instructions your Board of Selectmen were granted a hearing by the city government of Malden, the result of which is best expressed in the following com- munication :
CITY HALL, MALDEN, December Ist, 1891.
To the City Council :- The Joint Standing Committee on claims, to which was referred the communication of the
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REPORT OF SELECTMEN.
Selectmen of the town of Melrose in reference to alleged obstructions in, and the enlargement of Spot pond brook, gave a hearing to the said Selectmen who appeared before said committee, and were fully heard as to the matters con- tained in said communication. Said committee submits the following report:
Chapter 378 of the Acts of 1869, authorized and directed the County Commissioners of the County of Middlesex, to change, widen, straighten and deepen the channels of the streams or brooks running from Ell pond in Melrose, and Spot pond in Stoneham to the tide water in Malden, as they should deem necessary for the purposes of proper drainage and the public health. The Act further authorized the Commissioners to assess upon every person holding real es- tate upon or near said brooks, which might be benefited by the Acts of the Commissioners, his proportionate share of the expenditure for the purposes aforesaid, and also to de- termine and award what proportion of the whole expenses incurred for the purposes aforesaid should be assessed upon the Boston and Maine railroad, and what proportion upon the towns of Malden and Melrose respectively. Pursuant to the provisions, of the Act, the Commissioners proceeded to consider the matter, gave a public hearing, determined what was necessary to be done, and appointed Albert F. Sargent of Malden and Jeremiah Martin of Melrose agents to superintend the work. Albert F. Sargent for said agents reported to the Commissioners that said agents had pro- ceeded according to directions and caused the dam at Odiorne's pond to be taken down, and the drains to be widened, straightened, and excavated at the expense of $7,115.60, of which the town of Malden had paid $3,670.05, and the town of Melrose, $3,445.55. He also reported the location of the drains as set forth in the communication of the Selectmen of Melrose. This report was adopted by the County Commissioners, and made a part of their report. They assessed the betterments, and apportioned the costs, making the share of costs for Malden $3, 165.05, and ordered that the town of Malden keep in repair and maintain that part of the drain within the limits of that town, and Melrose
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to maintain and keep in repair that part within the limits of the town of Melrose. The drains as originally constructed were not of the width laid out by the Commissioners. They were evidently laid out of sufficient width to leave a strip of land on each side to enter upon for the purpose of keep- ing the drains in repair. In the year 1890, the town of Mel- rose petitioned the County Commissioners to proceed and have the drains constructed of the width originally laid out, claiming that they had not completed their duties or ex- hausted their powers under the Act of 1869. The Commis- sioners gave a hearing at which the city of Malden appeared and claimed that the powers of the Commissioners under the act were at an end when they completed their work, and made their report of their doings already referred to. The Commissioners took the matter under advisement, con- cluded that this claim of the city of Malden was well found- ed, and declined to take further action.
The drains within the limits of Malden are substantially in the same condition, that they were when the Commis- sioners completed their work. The Selectmen of the town of Melrose in their very able and candid presentation of their case, while claiming that the drains within the limits of Malden have become to some extent obstructed, admit- ted that the complete restoration of the drains to the width and depth in which they were left by the Commissioners, would not be satisfactory or afford the relief required. They claimed that the large increase of population, and the laying out and grading of new streets in Melrose had large- ly increased the flow of surface water, which finds an outlet through these drains. That the land through which they are located between the occupied portions of Malden and Melrose which in its natural condition was a swamp and of no value when these drains were constructed, had been cleared and drained so far as circumstances would permit, and, if thoroughly drained, so as to make it suitable for sites for dwelling houses, would probably soon be in de- mand for that purpose.
The construction of these drains of the width and depth required to completely drain these unoccupied lands, and
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make them suitable for dwelling houses, would require a large expenditure within the limits of this city. If it were possible to make them of sufficient width and depth above Mountain avenue to accomplish the result desired without enlarging the brook south through the land of Mr. Coch- rane, and rebuilding and enlarging the culverts under Moun- tain avenue and Pleasant street, and increasing the capacity of the brook below Pleasant street, the enlargement would cause such a rush of water in times of freshets, that the buildings of Mr. Cochrane and the buildings in the square would undoubtedly be endangered and their contents des- troyed or greatly damaged. The verdict obtained by Mr. Cochrane against the city for a large sum was set aside upon the ground, that the city in constructing these drains and the culvert under Pleasant street had complied with the requirements of the Commissioners, and was not in fault if the drain and culvert under Pleasant street were not suffi- cient. The court said "it is very clear that the town of Malden was not obliged to provide a passageway across the highway for water brought artificially to it by riparian pro- prietors on the streams above, whether brought by a sepa- rate channel or mingled with the natural waters of the streams, nor to provide for occasional unnatural volumes of water caused by artificial changes in the channel of the streams by said proprietors. Cochrane v. Malden, 152 Mass., 365. It follows necessarily, that if the city or any one else should enlarge the drains as constructed by order of the Commissioners, and thereby cause an unnatural flow of water from which damage should result, the city or any one else concerned in making the enlargement would be an- swerable for the damages caused by the enlargement. The only safe course for the city would be to make the work so complete and thorough that there would be no possible dan- ger in times of freshet, and this would necessarily require a large expenditure.
The real purpose of this enlargement and deepening of these drains is to make lands which in their natural condi- tion have no value, salable and valuable. These lands are mostly within the limits of the town of Melrose. The ex-
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pense of enlarging these drains within the town of Melrose would be small compared with the expense within the limits of the city of Malden. It is just and equitable that the lands which will be benefited by the improvement should bear a large proportion of the cost of the improvement, if not the entire cost. No assessment of betterments could be made upon the parties benefited without additional legis- lation of a character similar to the Act of 1869. Such legis- lation would relieve the city of Malden and the town of Melrose from the consequences of any mistake in laying out and adopting a plan for making the desired improvement, and would provide a way for making an equitable apportion- ment of the cost and expense among all the parties interest- ed and benefited.
The committee therefore recommend the adoption of the accompanying order. E. M. WHITTLE. For the Committee.
MALDEN, Dec. 11, 1891.
His Honor the Mayor has approved Order No. 393, Current Series. Below please find a copy.
Ordered: That upon careful consideration of the requests contained in the communication addressed by the Select- men of the town of Melrose to the City Council of Malden, and of the facts and reasons bearing upon said requests as set forth in the report of the Joint Standing Committee on claims to which the said communication was referred for the purpose of giving a hearing to the Selectmen of the town of Melrose, and making careful inquiry into all the facts bear- ing upon said requests, it appears that the city of Malden cannot with due regard to the interests of the city comply with the requests, so far as they require that the drains as constructed by the County Commissioners under the Act of 1869, be enlarged, and that the City Council therefore re- spectfully declines to accede to said requests.
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