USA > Massachusetts > Middlesex County > Melrose > The history of Melrose, County of Middlesex, Massachusetts > Part 27
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and Chief Engineer and Superin- tendent, W. Dabney Hunter, in their reports of 1899. Additional matter is given in the report of the
Engineer and Superintendent of Public Works for 1900 and 1901.
2 From the Inaugural Address of Mayor Larrabee, January 7tl1, 1901.
CHAPTER XIV.
DRAINAGE AND HEALTH.
F OR many years previous to 1870, the growth of Melrose was impeded by the fact that much of the land in the valley at the southern part of the town was constantly overflowed by a large body of water, caused by the existence of what came to be known as the "Dyer Dam." This dam was situated in Malden, on the main stream formed by the united waters of Spot Pond, Ell Pond and Shilly Shally Brooks, near where the present Mountain Avenue crosses it. 1 Before the taking of Spot Pond by the three towns, Malden, Medford and Melrose for their water supply, in 1870, there was a large overflow of water, supplying Spot Pond Brook continuously; and in the earlier days Shilly Shally Brook, the feeder of the Cascade on Washington Street, also had a continuous supply; of late years the sources of this brook fail during a portion of the seasons.
An attempt was made as early as 1857, to have this overflow of water remedied; when, at a Town Meeting held March 2, the following action was taken:
On motion of L. H. M. Cochran, Resolved : That it is wise and ex- pedient for the Town to take active measures for draining off the sur- plus water which now submerges so large a portion of the territory of the Town, to the great injury of the health, character and prosperity of its citizens, by widening and deepening the ditches from the High- lands and the outlets of Ell Pond to the southern extremity of the Town line; and in such other manner as the Committee may deem advisable and to prevent the damming up of the water by the Flouring Mills, late the Odiorne Mills, in the Town of Malden, beyond the legal rights of the Proprietors of said Mills; and that a committee of
1 Time was, before habitation and industrial pursuits had interfered with the purity of the water, when it might have been said: these
streams have met and "pledged eternal friendship and passed on united, singing, looking up blue- eyed toward heaven."
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HISTORY OF MELROSE.
no less than three nor more than five competent citizens of Melrose be chosen to carry into effect the wishes of the Town as herein expressed, with all reasonable prudence and dispatch, and at the expense of said Town; and for this purpose it is voted that the sum of $1,500 be raised and appropriated and paid by the Treasurer of the Town on the draft of said Committee, at such times as the money may be needed. Voted, that German S. Phippen, Samuel O. Dearborn and Caleb Howard be a Committee to attend to the duties of the above Resolve, and motion, and they are instructed to attend to that duty as soon as. practicable.
February 18, 1858, a vote was passed authorizing the appoint- ment of an agent to procure legal counsel to act with this committee in this matter of drainage, in defending the Town and its citizens in any action that might grow out of this attempt to remove this nuisance. Nelson Cochran was elected to act in this position. Meanwhile various changes had taken place in the Committee; Messrs. Dearborn and Howard had resigned, and Edmund B. Southwick and William J. Farnsworth were elected in their places; Mr. Farnsworth resigned and Joseph Holbrook was substituted. And this, so far as the Town records show, was all that was done towards remedying the evil.
Year after year went by, and still the many acres of land forming the southern end of the Melrose valley, were sub- merged with Ell, Spot Pond and Shilly Shally Brook waters. But in 1869, a determined effort was initiated for the removal of this great and long existing evil - this standing menace to. the health of our citizens; the power of the State was invoked.
A petition was circulated and presented to the General Court, by Levi S. Gould, who was the Representative of this District at that time, which resulted in the passage of "An Act relating to drainage in the towns of Malden and Melrose," which was approved June 11, 1869, the first section of which was as follows:
The county commissioners of the county of Middlesex are hereby authorized and directed to take and lay out such land, water-courses and water-rights, dams and other real estate, or interests, or easements, or rights therein, or on the adjoining streams or brooks running from Ell Pond in Melrose and Spot Pond in Stoneham, to the tide-water in Malden, as they shall deem necessary for the purposes of proper drainage and the public health; and they are also authorized, for the same purposes, to control the damming up and letting off the waters
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of said ponds. And they may change, widen, straighten and deepen the channels of said brooks and streams, and remove all dams and other obstructions therefrom, and use and appropriate said brooks or streams, in such manner as they shall deem necessary for the purposes aforesaid.
The rest of the act refers to betterments, assessments, war- rants of distress and suits for damages; and the whole was made subject to acceptance by vote of the towns of Malden and Melrose.
An act in addition thereto was passed by the Legislature, May 9, 1870. At a Town Meeting held November 8, 1870, the Town voted that the Water Commissioners, Wingate P. Sargent, Jeremiah Martin, Dexter Bryant, Joel Snow and Elbridge Green, be a committee to act in this matter, and in connection with any committee that Malden might appoint, apply to the County Commissioners, and ask them to take action in conformity to the Acts of the Legislature.
The County Commissioners at once held several hearings; and on the 28th of March, 1871, they ordered the dam removed 1 forthwith, deeming it " necessary for the purposes of proper drainage and the public health;" ordering also that the streams and brooks " should be located, and their courses and widths described; " appointing as agents for this service Albert T. Sargent, of Malden, and Jeremiah Martin, of Melrose. All this work was done in due time; the dam was taken down March 31, 1871; the necessary surveys were made, and bound- aries fixed.
This dam at Black Rock, on Mountain Avenue, Malden, caused the water to flow back as far as the present Wyoming Station; and in winter, such was the wet and marshy formation then existing up along where now runs the Boston & Maine railroad, that skaters-among them Levi S. Gould -have skated from the dam to the Highlands.
A petition to the County Commissioners, claiming damages on account of taking down this dam, was made by Mr. Dyer, February 20, 1872, but no damages were awarded. Another, asking for a jury to determine the matter of his complaint, was presented to the Board March 26, 1872; and, before any action was taken thereon, Mr. Dyer died. In May, 1875, George William Phillips, administrator of the Dyer estate, petitioned the Commissioners, " desiring to revive and prosecute said last
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HISTORY OF MELROSE.
named petition of his intestate," also asking for a jury. A copy of this petition was sent to our Selectmen, Walter Babb, Henry G. Fields and George A. Mansfield, and they appeared at the hearing. Arguments were made, pro and con, and the petition dismissed. Still the matter was unsettled and several long and protracted hearings were held in the September following. The aim was " to show that no damages should be awarded to the Dyer heirs, as they had been fully compensated by the payment of a large sum for the Spot Pond water, [see ' Spot Pond Water Works'] and without this privilege their dam was worthless;" and the Commissioners sustained this view of the'matter, and awarded no damages. It was also contended that the improved land which the drainage had left was worth more to them than before its removal.
The " Report and Award of the County Commissioners," was made December 21, 1875. The costs as determined by them in this matter, were for Malden $3, 165.05, and for Melrose $4,105.55
Still Mr. Phillips, in behalf of the Dyer estate, pursued this case by taking it to the Supreme Court, in 1876, and it was again decided for the defendants; and in October, 1877, the case was again tried before a sheriff's jury, at the Court House, in East Cambridge, lasting five days, resulting in a disagree- ment of the jury. A second trial followed in December, be- fore a new jury, when it was again, and finally, decided for the defendants. Thus was the long drawn out case ended; and in the Annual Report for 1877-78, the Selectmen were enabled to say:
This case which has been before the Courts, the County Commis- sioners and town meetings for so many years, has at last, let us hope, reached a final conclusion, the justice of which is apparent to every- body at all conversant with the facts.
In later years, encroachments having been made by the building of another dam, a short distance below the old one, by wrongly built culverts, and numerous other obstructions, an appeal was again made in 1890, to the County Commission- ers for authority to remove all such, and to maintain the channels in proper condition. March 3, 1890, the Town ap- pointed a committee consisting of George T. Brown, John B. Souther, Norman F. Hesseltine, Seth E. Benson and Walter C.
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DRAINAGE AND HEALTH.
Stevens, the Selectmen to cooperate, to investigate the matter and report what in their judgment is for the best interests of the town to do.
At a Town Meeting held June 3, 1890, it was voted to send a petition which had been prepared as follows:
MELROSE, May 26th, 1890. To the Hon. County Commissioners of the County of Middlesex.
GENTLEMEN :- The undersigned, representing a committee ap- pointed by the inhabitants of the town of Melrose, in town meeting assembled, respectfully petition your honorable board to cause to be carried out in its entirety, the order of said board relating to Spot and Ell Pond brooks in the towns of Melrose and Malden, said order having been made under the Acts of 1869, relating to " Drainage in the towns of Malden and Melrose."
LEVI S. GOULD,
Chairman Selectmen of Melrose. GEORGE T. BROWN,
Chairman of Committee on Removal of Obstructions in Ell and Spot Pond Brooks.
Several hearings were had before the County Commissioners, resulting in a decision by them, that their powers under the act of 1869 were exhausted upon the issuance of their decree in 1875; and that they were powerless to aid the Town without further legislation; but, in their judgment, the Town had jurisdiction within its own borders, to straighten, widen and deepen the brooks in Melrose, in such a manner as to comply with the original order of the Commissioners.
In due time the Town gave its Selectmen the necessary authority; and the work was satisfactorily accomplished; cost- ing the Town for that part of the work done on the Ell Pond brook, $4,048.42, and on the Spot Pond brook $3,100; a total of $7,148.42. These brooks are now in excellent condition to the Malden line, in which municipality the decree of the Commissioners has never yet been completed. They consti- tute the only avenue for the surface drainage of a constantly increasing community.
The next action in connection with this very important subject was taken at a Town Meeting held November 18, 1895:
Voted, That John Larrabee, Arthur M. Willis, Seth E. Benson and Francis S. Hesseltine be appointed, they to elect another citizen, so that the committee shall consist of five members, and the board of
4
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HISTORY OF MELROSE.
selectmen, ex officio, to take into consideration all matters relating to the present imperfect drainage of the town, through the medium of Ell Pond and Spot Pond brooks; also to examine into the attitude of the city of Malden in allowing the waters of said streams to be choked and dammed up within the territory of said city, contrary to the or- ders given by the county commissioners under authority of Chapter 378, of the Acts of 1869, thus allowing the waters of said brooks to flow back upon property of citizens of the town of Melrose, to the great damage of private interests, and more especially of the public health.
Voted, That said committee commence their investigations without delay and report their findings hereunder to the town at the earliest practicable moment.
Levi S. Gould was added to this committee. At an ad- journed Town Meeting April 7, 1896, it was
Voted, That the committee in the matter of Ell and Spot Pond brooks be directed to invite the co-operation of the city of Malden in the widening, deepening and removal of all obstructions in said public drain within the limits of Malden, to the depth and width intended under the original orders of the county commissioners; and should they be unable to accomplish this result, then to commence such pro- ceeding, as may in their judgment be necessary to compel said city to perform its duty in the premises. For the purpose of enabling said committee to carry out the spirit of this vote, the sum of two hundred and fifty dollars ($250) is hereby raised and appropriated.
The City of Malden did not recognize this action on the part of Melrose, consequently no further action relative to the matter of drainage was taken until the Town Meeting held March 8, 1897, when it was voted:
That the Selectmen be authorized to petition the Legislature for an act to authorize the County Commissioners of Middlesex County, to assume control of Spot Pond and Ell Pond brooks in Melrose and Malden, to use said brooks or streams in such manner as they may deem necessary for proper drainage and the public health.
Nearly two years went by before any further action of im- portance was taken. February 15, 1900, Mayor Charles L. Dean, of Malden, addressed a letter to Mayor Levi S. Gould, asking that a conference concerning the "Spot Pond Brook matter" be held in City Hall, Malden, February 22, at which he desired the presence of the Mayor, City Solicitor, Engineer of Public Works, Representative to the General Court, and
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DRAINAGE AND HEALTH.
others. At the request of Mayor Gould a committee from the Board of Aldermen was appointed to meet with the above, consisting of Aldermen Fernald, Goss, Moore, Folger, Foster, Everett and Burnett.
A month later the Mayor sent the following communication to the Board:
MELROSE, MASS., March 19, 1900.
To the Honorable the Board of Aldermen.
GENTLEMEN :- I respectfully call your attention to the flowage of lands and streets through which runs Spot Pond brook. The present condition of affairs is largely attributable to the action of the Common- wealth in turning a large drainage area from its ordinary flowage into Spot Pond and depositing it through an unnatural channel in such a rapid and unusual way as to deluge the low lands of Melrose and Mal- den. This sort of thing is growing constantly worse and demands an ' immediate remedy. My advice would be to instruct our Representa- tive and Senator to ask the Legislature to pass an act which shall cause the Metropolitan Water Board to so widen, deepen and straighten Spot Pond brook in Melrose, Stoneham and Malden as to allow the water from said pond and its vicinity to flow unobstructed to the sea. This action ought to be taken at once.
Very Respectfully, LEVI S. GOULD, Mayor.
May 28, 1900, Mayor Gould addressed the Board of Alder- men on this subject, and during his remarks read the following communication made to the Malden and Melrose committee:
METROPOLITAN WATER BOARD, 3 MT. VERNON ST. BOSTON, May 25, 1900.
To the Committee on the part of Malden and Melrose in relation to Spot Pond Brook.
GENTLEMEN :- The Metropolitan Water Board has considered the matter of Spot Pond brook. We do not feel that it is possible before the adjournment of the Legislature, to advise you as to a specific plan by which the improvement such as you suggest could be carried out. It would be a difficult matter to determine what work should be done simply to protect the lands along the brook so far as to put them in the situation enjoyed before the pond was used for water purposes, or before any disturbance was caused by the operations of the Metropoli- tan Water Board. It now seems, however, that when the work is undertaken, in the interest of the City of Melrose and probably of the City of Malden, that a much wider scope should be taken, and the
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HISTORY OF MELROSE.
operations should be so carried on that a decided improvement should be made for the benefit of the abutting lands. The best suggestion that we could make to you in reference to legislation would seem to be for you to obtain authority for the appointment of a board which should take the whole matter into consideration and determine what disturbance has been caused and what improvement should be made, and also to determine by what method it is desirable that any sug- gested improvement should be carried out, and who should be held to make payment therefor. This inquiry might be made by the Metro- politan Sewerage Commission. The inquiry should certainly seem to call for a pretty careful consideration as to what was accomplished under the statute of 1869.
It would seem that there is little danger of more damage being done in the coming year than during the last so far as the operations of our Board are concerned, and it is not likely that we shall have floods like those of the past year. If, however, it seemed desirable by your com- mittee that more specific work should be undertaken an act might be passed by which, say, the Metropolitan Sewerage Commission should be empowered to carry out the improvement, that betterments should be imposed upon abutters or others who are benefited by the opera- tions, and that the parties upon whom assessments should be made for carrying on the work, or liable for the damages resulting, should be ascertained by a commission to be appointed by the Supreme Court, and that this same commission should be empowered to de- termine the amount which should be paid by each of the assessable parties.
We do not think, however, that any propositions can be suddenly made which will result in proper legislation for accomplishing the ends desired.
Yours Very Truly,
HENRY H. SPRAGUE, Chairman.
June II, 1900, Mayor Gould sent a communication to the Board, and as Chairman of the General Committee he referred to this subject as follows:
Regarding the matter of Spot Pond Brook I have to report in addition to what I stated before your Honorable Board, that a full meeting of the Committee having this matter in charge was held at City Hall, Malden, on the evening of June 7th, and it was deemed unadvisable to attempt to do anything in connection with the Legis- lature this year, but the same committee was continued with full powers to make all necessary arrangements to bring the subject to the attention of the next General Court.
At a meeting of the Board of Aldermen, January 28, 1901, President Robinson appointed His Honor Mayor Larrabee,
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DRAINAGE AND HEALTH.
and Aldermen Fernald, Everett and Moore, to act with Senator George R. Jones, and Representative Charles H. Adams, in this matter of the drainage of Spot and Ell Pond Brooks. Several meetings were held but no definite action was taken until 1902, when an act was passed by the Legislature, author- izing and directing the Metropolitan Water and Sewerage Board
to investigate the condition of Spot Pond brook in Stoneham, Melrose and Malden, and report a plan for such improvements to the brook as will provide for the easy and natural flow of water from Doleful Pond and surrounding country turned into it by said board to tide water.
The Board is to take the whole subject into consideration, find a feasible and desirable plan to remedy the existing evils, to apportion expenses and betterments to all interested parties, and to report to the General Court before January 15, 1903.
It is hoped that in the near future, with the united action of Malden, the Metropolitan Water and Sewerage Board and our own municipality, these waters may have no hindrance or impediment in their journey to the sea.
During the last few years Melrose has been greatly troubled with the surface drainage question in its residential centres. It has been a problem to the solving of which much thought and labor has been given. Many thousands of dollars have been spent on streets, particularly side-hill streets, only to be dissi- pated by the first heavy down-pour of rain. Many districts in the lower lands have been flooded, with no proper outflow.
So great had become the evil that Engineer and Superin- tendent of Public Works, W. Dabney Hunter, was ordered, by the Board of Aldermen, to devise some system of relief. November 19, 1900, he submitted a very thorough and ex- haustive report for such a system of surface drainage, estimat- ing the cost, exclusive of any improvements in the Ell Pond brook to the Malden line, at $334,610. This report was adopted by the Board of Aldermen, and the work commenced July 9, 1901, with an appropriation of $10,000 with which to construct a portion of said system.
The sum of $10,639.19 was expended under the direction of the Mayor, in different parts of the City, wherever in his judg- ment the most serious trouble existed, and in this manner, many sections of the City were benefited. In furtherance of this work, the Legislature, in 1902, passed an act authorizing
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the issuance of $100,000 in bonds, with the view of using only a portion of them, $20,000 each year, as the work progressed.
By a provision of the City Charter, the issuing of bonds, or a permanent loan, must be submitted to the voters of the City, at the next annual municipal election, or a special election, called for that purpose, if a petition signed by one hundred legal voters be filed with the City Clerk. In this case this ac- tion was taken, and nothing more can be done in the matter of surface drainage until after the next election. It is to be hoped that the act will be accepted, and the means thus afforded of continuing this very important work for the peace, health and comfort of our citizens.
BOARD OF HEALTH.
Closely connected with this subject of Drainage is the supervising action of a Board of Health. To the wise over- sight of this Board, in keeping watch of the presence of various diseases, requiring the observance of certain rules, the removal of offences of many kinds, especially those relating to sewers, plumbing, garbage, etc., is due to a very great extent the well being of our community. Many are the complaints made and remedies instituted.
Our first regular Board of Health was elected at the Annual Town Meeting, March 3, 1890, and consisted of the following persons: Ernest S. Jack, M. D., Chairman; Frank L. Washburn and George W. Burke. Previous to this time the duties of a Board of Health had been performed, as required by statute by the Selectmen, one of whom acted as Chairman. From 1890, until the Town became a City, a board of three members was regularly elected; the last one being composed as follows: John E. Sanborn, M. D., Chairman; Corydon W. Harlow, M. D., and William H. Dole. An annual report has been regularly made, the last one under Town government being the tenth.
After the City was incorporated the Board of Health was nominated by the Mayor, and subject to confirmation by the Board of Aldermen. The first Board thus appointed for 1900, consisted of Clarence P. Holden, M. D., Chairman; Paul H. Provandie, M. D., and William H. Dole. The members for 1901 were Paul H. Provandie, M. D., Chairman; William H. Dole and Joseph H. Robinson. Under the auspices of this Board a pamphlet of thirty-three pages has been issued giving at length
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DRAINAGE AND HEALTH.
the " Rules and Regulations of the Board of Health." Mr. Dole resigned to become Inspector of Animals and Provisions, and Dr. John T. Timlin was appointed in his place. For 1902 the Board remains the same.
Notwithstanding all the trouble Melrose has had to contend with during all these years, in drainage matters, its health has been most excellent, as can be easily verified by facts and figures. When George Wingate Chase, author of the History of Haverhill, was one of our citizens, he was employed in the office of the Secretary of the Commonwealth, upon the census of 1865. From the State Registration Reports he then made a computation which showed that in point of health, Melrose stood number three when compared with all the other cities and towns in the State. About that time a similar computa- tion was made by Dr. Erastus O. Phinney, a resident physician for twenty years, of the immediately surrounding towns, which confirmed this statement. Other testimony is readily obtained to show that for healthiness of situation, and for the general good health of its inhabitants, Melrose occupies a very high position.
CHAPTER XV.
PARKS AND BOULEVARDS.
I N 1856, Hon. Daniel W. Gooch and Walter Littlefield bought the greater part of the Upham and Lynde farms, situated between Lebanon, Upham and Grove Streets, had the land surveyed and laid out in house lots, naming the tract "The Home Association Lands." The sale of these lots at public auction, took place in the Meonian Hall of the old Tremont Temple, and most of the lots were disposed of at that time; and soon after the purchasers began to build thereon; now nearly every one contains a dwelling or store. At the time of the survey, there was reserved all the land bounded by East Foster Street on the north, Sixth Street on the east, Laurel Street on the south, and Larrabee Street on the west, for a public park. It is now known as the "Melrose Common." It was a neglected spot for many years; but of late, after the establishment of the Board of Park Commissioners, the Town made small appropriations, at different times, for its improve- ment, but it still remains in a somewhat primeval state. Year by year, it is being utilized more and more as the place for the City's Fourth of July celebrations, display of fireworks, etc. It is hoped that some day the City will appropriate sufficient money to make of this a beautiful and healthful breathing spot and play ground.
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