USA > Massachusetts > Norfolk County > Brookline > Town records of Brookline, Massachusetts, 1872-1884, v. 3 > Part 19
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Adjourned.
Attest : B. F. BAKER, Town Clerk.
218
Brookline Town Records.
ADJOURNED SPECIAL MEETING, DECEMBER 16, 1874.
Pursuant to adjournment, the inhabitants of the town of Brookline, qualified to vote in elections, met at the Town Hall in said town, on Wednesday, the sixteenth day of December in the year of our Lord one thousand eight hundred and seventy-four, at seven of the clock in the evening, and were called to order by the Moderator, Charles H. Drew.
The consideration of the Twenty-second Article, which was up at the close of the last meeting, was resumed.
After considerable discussion upon the subject, it was -
Voted, To refer the subject to the Selectmen, to report at a future meeting what engines are the best, also the places where they shall be kept, and how used.
On motion of George Briggs Esq., it was -
Voted, That the Thirty-first Article be taken up.
A motion by Mr. Griggs that the meeting reconsider the votes of the town passed under the Thirty-first Article, it was -
Voted, That the meeting do not reconsider the votes passed by the town under the Thirty-first Article.
Twenty-third Article taken up :
To see if the town will appropriate a sum not exceeding three thou- sand dollars for building a receiving tomb in the new cemetery.
Voted, That the sum of three thousand dollars be appro- priated to build a receiving tomb in the new cemetery, and that the Selectmen be instructed to erect the same.
Ninth Article taken up :
To hear and act upon the report of the Selectmen upon the subject of grading Boylston street between Cypress street and land of E. S. Phil- brick.
Voted, To refer the subject of the Ninth Articte to the Selectmen, to report thereon at the adjourned meeting.
Voted, That this meeting be now adjourned to Wednes-
.
Adjourned Special Meeting, December 23, 1874. 219
day, the twenty-third instant, at seven of the clock in the evening.
Adjourned.
Attest : B. F. BAKER,
Town Clerk.
ADJOURNED SPECIAL MEETING, DECEMBER 23, 1874.
Pursuant to adjournment, the inhabitants of the town of Brookline, qualified to vote in elections, met at the Town Hall in said town, on Wednesday, the twenty-third day of December in the year of our Lord one thousand eight hun- dred and seventy-four, at seven of the clock in the evening, and were called to order by the Moderator, Charles H. Drew.
Tenth Article taken up :
To see if the town will authorize the Selectmen to appear before the Legislature and represent the town in any and all matters where the interest of the town may be affected.
After considerable discussion, it was -
Voted, That the Tenth Article be indefinitely postponed. Ninth Article taken up :
To hear and act upon the report of the Selectmen upon the subject of grading Boylston street between Cypress street and land of E. S. Phil- brick.
The report of the Selectmen upon the above article was presented, which had been printed and distributed among the voters.
Voted, To accept the report. (Placed on file.)
On motion of the Hon. John Wells, it was -
Voted, That the Selectmen be authorized to carry into effect the vote of the town passed at the town meeting held May 19, 1874, provided it can be done at'an expense, includ- ing land damages, within the appropriation already made, and that the by-laws of the town concerning the laying out of town ways and alterations thereof, be regarded by them as applying to the case.
220
Brookline Town Records.
Eleventh Article taken up :
To see if the town will authorize the Selectmen to settle the claims of C. L. Palmer and John Panter for land damages on Washington street.
Voted, That the Eleventh Article be referred to the Se- lectmen, with authority to settle by reference or otherwise.
Twenty-fourth Article taken up :
To hear the report of the Selectmen upon the monthly report of the Water Commissioners.
The report, which had been printed, was presented and accepted.
Voted, That the Water Commissioners be instructed to pre- pare regulations for the management of the water works, the use of water, and a schedule of the water rates, and report in print to the town for consideration at the next town meeting, the report to be circulated with the warrant for the said meeting.
Thirteenth Article taken up :
To see what action the town will take upon the recommendation of the Selectmen to purchase not exceeding four thousand feet of land, being part of the estate of John Gibbs, situated at the corner of Washington and School streets.
Pending action on the foregoing article, it was -
Voted, That when this meeting adjourns, it be to meet in this place on Monday, the 28th instant, at seven of the clock in the evening, and that notice be given of such adjourn- ment.
Voted, To adjourn.
Attest : B. F. BAKER, Town Clerk.
ADJOURNED SPECIAL MEETING, DECEMBER 28, 1874.
Pursuant to adjournment, the inhabitants of the town of Brookline, qualified to vote in elections, met in the Town Hall in said town, on Monday, the twenty-eighth day of De- cember in the year of our Lord one thousand eight hundred
221
Adjourned Special Meeting, December 28, 1874.
and seventy-four, at seven of the clock in the evening, and were called to order by the Moderator, Charles H. Drew.
The Thirteenth Article, which was under consideration at the close of the last meeting, taken up ; to wit, -
To see what action the town will take upon the recommendation of the Selectmen to purchase not exceeding four thousand feet of land, being part of the estate of John Gibbs, situated at the corner of Wash- ton and School streets.
Voted, That the subject be recommitted to the Selectmen, with instructions to consider in what manner they would recommend an improvement at the corner of School and Washington streets, and report at the adjourned town meet- ing, with a plan of the improvement and of the immediately adjoining streets.
Second Article taken up :
To hear and act upon the reports of town officers and committees.
The Selectmen presented their report on the new ceme- tery on Grove street.
Voted, To postpone the subject until the next adjourned town meeting.
Seventeenth Article taken up :
To give any instructions to any board, officer, or servant of the town.
Voted, That the Selectmen are hereby instructed to adjust and settle, by reference to arbitration, the suits of George B. Blake, now pending in the courts against the town of Brookline.
Voted, That the Selectmen are hereby instructed to adjust and settle, by reference to arbitration, the suits of Martin L. Hall, now pending in the courts against the town of Brook- line.
Voted, That when this meeting adjourns, it be to meet on Monday, the fourth day of January next, 1875, at seven of the clock in the evening.
Adjourned.
Attest : B. F. BAKER,
Town Clerk.
222
Brookline Town Records.
ADJOURNED SPECIAL MEETING, JANUARY 4, 1875.
Pursuant to adjournment, the inhabitants of the town of Brookline, qualified to vote in elections, met in the Town Hall in said town, on Monday, the fourth day of January in the year of our Lord one thousand eight hundred and sev- enty-five, at seven of the clock in the evening, and were called to order by the Moderator, Charles H. Drew.
The Seventeenth Article, which was under consideration at the close of the last meeting, was taken up.
Voted, To lay the Seventeenth Article on the table.
Twenty-sixth Article taken up :
To see if the town will authorize the preparation and publication of the tax list, according to the recent custom, with the other annual town reports, and authorize the payment of two hundred and fifty dollars therefor, to be drawn from the appropriation for contingencies.
After considerable discussion on the subject, it was -
Voted, To indefinitely postpone the Twenty-sixth Article. Second Article taken up :
To hear and act upon the reports of town officers and committees.
The Committee on Soldiers and Sailors' Memorial sub- mitted the following report ; to wit, - 1
REPORT.
The Committee on Soldiers and Sailors' Memorial beg leave respect- fully to report, -
That in accordance with the instructions of the town meeting held December 15, 1874, wherein it was -
"Voted, That the matter be referred back to the same committee, to con- sider the whole subject of a memorial structure or tablets in the Town Hall, and report the cost of the same: "
The committee would state that they have used due diligence to ascer- tain the cost of tablets, &c.
Their efforts, however, in this direction have not been successful hith- erto, and they have no reason to believe that any such definite information as would be valuable to the town can be obtained without compensation. If, therefore, the town desires this inquiry to be prosecuted further, an appropriation of money should be made for use in ascertaining the cost of tablets, as was made in reference to a memorial structure ; the balance of that appropriation, in the opinion of the committee, not being availa- ble for this purpose.
223
Adjourned Special Meeting, January 4, 1875.
In this connection the committee respectfully ask leave to add, that the inquiries they have made have tended to strengthen their previous opinion upon two points :
Ist. That tablets cannot be placed in the Town Hall in such manner as properly to perform the office of a " suitable and appropriate memo- rial " to those whose patriotism the town desires to commemorate.
2d. That the plan of erecting tablets in the Town Hall in commemo- ration of the soldiers and sailors of Brookline who lost their lives in the late war of the rebellion, the committee have the best reasons for believ- ing, is regarded with unanimous disfavor by their surviving comrades now in town.
They therefore, with these statements, ask for further instructions from the town.
Respectfully submitted. MILTON J. STONE. GEO. P. RICHARDSON. B. F. BAKER. H. M. WHITNEY. WILLARD Y. GROSS.
Brookline, December 27, 1874.
Voted, To accept the report.
Voted, To lay the report on the table.
Twenty-fifth Article taken up :
To see if the town will accept and allow Monmouth street as laid out by the Selectmen.
The Selectmen presented the following report on the lay- ing out of said way ; to wit, -
The Selectmen of the town of Brookline, after giving legal notice to all persons and interests of their intention to lay out as a town way the private way called Monmouth street till it reaches the southeasterly cor- ner of the schoolhouse lot on said street, and also a town way from Bea- con street opposite to St. Mary's street, parallel to Carlton street, did, in pursuance of said notice, meet at their office in the Town Hall on Wednes- day, the fourteenth day of October A.D. 1874, and thence by adjourn- ment to Saturday, November twenty-first A.D. 1874, and all parties and interests which had appeared having been heard and examined in relation thereto, and said route having been examined by the Selectmen, they proceeded to locate and lay out said way as follows, describing it by its centre line : -
Commencing at a stone post on the easterly side of Carlton street, 320 feet southerly from Beacon street, and running N. 69º 42" E., 633.37 feet, to the westerly side of St. Mary's street, as surveyed by Alexander Wads- worth, May 10, 1852, taking 20 feet of equal widths on each side of the above-described line.
The location of said way is in accordance with a plan and profile of the same as drawn by George Tyler, civil engineer, dated November 21,
224
Brookline Town Records.
1874, and examined and approved by the Selectmen, and filed in the office of the Town Clerk the same day.
And the owners of the land abutting on said way, and of the fee of the land over which said way is laid out, in consideration of the town laying out and making said way, agree to waive all claims for land or grade damages.
There being no structures, buildings, trees, walls, fences, or hedges standing upon the land taken for said way, the same may be entered upon at once by the town for the purpose of constructing the same; and the estimated cost of making said way is about sixteen hundred and eighty dollars, exclusive of curbstones.
And said way as so laid out, located, and described, is hereby reported to the town for acceptance, and when so accepted, allowed, and recorded, is to be known as a public town way ; and they would recommend that said way be named and known as Monmouth street.
THOMAS PARSONS, CHARLES K. KIRBY, HORACE JAMES, AUSTIN W. BENTON,
Brookline, March 21, 1874. Selectmen of the Town of Brookline.
BROOKLINE, Mass., November 23, 1874. - Filed in the office of the Town Clerk.
Attest : B. F. BAKER, Town Clerk.
Voted, To accept and allow the foregoing report.
Voted, To raise and appropriate the sum of one thousand six hundred dollars to make said street.
Twenty-eighth Article taken up :
To see if the town will accept and allow Vernon street as laid out by the Selectmen.
.
The Selectmen presented the following report on the lay- ing out of said street ; to wit, -
The Selectmen of the town of Brookline, after giving legal notice to all persons and interests known to them of their intention to lay out as a town way a private way leading from Park street to Marion street, did, in pursuance of said notice, meet at their office in the Town Hall on Wednesday, the second day of September A.D. 1874, and again by adjourn- ment to November 21 A.D. 1874, and proceeded to hear all parties and interests present and desiring to be heard in relation thereto; and the owners of the land over which said way is laid out, in consideration of the town laying out and making said way, agree to waive all claims for land and grade damages ; and there being no structures, buildings, trees, walls, fences, or hedges standing upon the land taken for said way, the same may be entered upon at once by the town for the purpose of con- structing the same.
225
Adjourned Special Meeting, January 4, 1875.
Said way having been previously examined, they proceeded to lay out said way as follows, describing it by its southwesterly line as follows : -
Commencing at a stone post on the westerly side of Park street 267.8 feet southerly from the northwest corner of Park and Marion streets, and running N. 49° 58' 30" W., 242.19 feet to the end of curved line on Ver- non street, as laid out by the Selectmen January 28, 1873, and accepted and allowed by the town February 6, 1873, and afterwards altered and called Marion street, taking an equal width of 40 feet northeasterly of the above-described line the whole length ; also curving the corner at the commencement of the above-described line on Park street with a radius of 25 feet being tangent to Park and said streets ; meaning hereby to lay out as a town way all that part of Vernon street lying between Park and Marion streets.
The location of said way is in accordance with a plan of the same as drawn by George Tyler, civil engineer, dated November 21, 1874, exam- ined and approved by the Selectmen, and filed in the office of the Town Clerk the same day. And said way as so laid out and located and de- scribed is hereby reported to the town for acceptance, and when so ac- cepted, allowed, and recorded, is to be known as a public town way; and they would recommend that said way be named and known as Vernon street.
THOMAS PARSONS, CHARLES K. KIRBY, HORACE JAMES, AUSTIN W. BENTON,
Brookline, November 21, 1874. Selectmen of the Town of Brookline.
BROOKLINE, Mass., November 23. 1874 .- Filed in the office of the Town Clerk.
Attest : B. F. BAKER, Town Clerk.
Voted, To accept and allow the foregoing report.
Twentieth Article taken from the table.
On motion of M. J. Stone, it was -
Voted, That a committee be appointed to select a suitable and appropriate site for the location of a memorial structure in honor of the soldiers and sailors from the town of Brook- line who lost their lives in the late war of the rebellion, and which may serve to commemorate those inhabitants of this town who fell in earlier wars of our country ; first giving a public hearing upon the same to all persons interested, and report at an adjourned or future town meeting.
Voted, That the committee for the above purpose consist of nine, to be appointed by the Moderator.
The Moderator appointed the following persons to compose said committee ; to wit, Milton J. Stone, George P. Richard-
226
Brookline Town Records.
son, Willard Y. Gross, Henry M. Whitney, Thomas H. Tal- bot, James M. Codman, Francis Cabot, Robert Amory.
Thirteenth Article taken up :
To see what action the town will take upon the recommendation of the Selectmen to purchase not exceeding four thousand feet of land, being part of the estate of John Gibbs, situated on the corner of Washing- ton street and School street.
The Selectmen presented the following report; viz., -
OFFICE OF THE SELECTMEN, BROOKLINE, Mass., January 4, 1875.
The Selectmen, to whom was recommitted the Thirteenth Article in the warrant, respectfully report as follows :-
The accompanying plan shows the relative position of the streets. The first curve drawn at the junction of Washington and School streets in- cludes two hundred and fifty-three feet, the second six hundred and thirty-two. The Selectmen would recommend the adoption of the sec- ond, and would present the following vote for the consideration of the town :-
Voted, That the Selectmen are hereby authorized to purchase a lot of land situated on the corner of Washington and School streets, not exceed- ing six hundred and fifty-three feet, at a price not exceeding six hundred and fifty-three dollars ($653.00).
THOMAS PARSONS, CHARLES D. HEAD, CHARLES K. KIRBY, HORACE JAMES, A. W. BENTON, Selectmen.
Voted, To accept the foregoing report.
Voted, That the Selectmen are hereby authorized to pur- chase a lot of land situated on the corner of Washington and School streets, not exceeding six hundred and fifty-three feet, at a price not exceeding six hundred and fifty-three dollars ($653.00).
Second Article taken up :
To hear and act upon the reports of town officers and committees.
The report of the Selectmen on the new cemetery on Grove street was then taken from the table.
The report of the Selectmen of Brookline in relation to the new cemetery on Grove street was presented, considered, and after being amended was passed as follows ; to wit, -
227
Adjourned Special Meeting, January 4, 1875.
REPORT. OFFICE OF THE SELECTMEN, BROOKLINE, Mass., December 17, 1874.
At a special town meeting held on May 19, 1874, the following votes were passed ; to wit, -
Voted, That the Selectmen be authorized to purchase a lot of land, not more than thirty acres, situated on Grove street, now belonging to I. P. Clark, trustee, to be used for a town cemetery, with full powers to pur- chase said lot if in their judgment it is for the best interests of the town so to do, at a price not exceeding sixteen hundred dollars per acre.
Voted, That said land when so purchased, until otherwise ordered by the town, shall be under the charge of the Selectmen, who may appoint a superintendent, and all improvements shall be under their directien, with full powers to lay out said land for a cemetery, and sell burying rights to persons applying, making returns of such sales to the Town Treasurer, who shall collect all money paid for the same, crediting it to the account. of town cemetery, and charging all money paid for land and the improve- ments thereof to said account.
Voted, That the Treasurer is hereby authorized to borrow the sum of fifty-three thousand dollars, giving the notes of the town for the same, countersigned by the Selectmen ; and said sum is hereby appropriated to the purchase of said land and the improvements thereof.
Voted, That the Selectmen prepare and report to the town such rules and by-laws as they may deem proper for the regulation of the cemetery, when laid out for that purpose.
Agreeably to the foregoing votes, the Selectmen would respectfully submit to the town the following report, and also a plan of the land, as laid out for the purposes of a cemetery, prepared by Ernest W. Bowditch and Franklin Copeland, landscape gardeners.
The lot of land containing thirty acres, situated on Grove street, has been purchased for the sum of forty-eight thousand dollars.
Mr. Thomas S. Pettengill has been appointed Superintendent of the cemetery.
The price of burial rights has been fixed, until otherwise ordered, at the following prices : -
Two hundred dollars.
One hundred and fifty dollars.
One hundred dollars.
Fifty dollars.
Ten dollars for single interments.
The following votes are submitted, as follows; to wit, -
1. Voted, That the tract of about thirty acres of land, conveyed to the town of Brookline by Samuel Shackell and others, trustees, by their deed, dated July 8, 1874, and recorded in the Registry of Deeds for the County of Norfolk, in book 456, page 280, be set apart for the pur- poses of a cemetery, and held by the town in perpetual trust : First, for the use of those to whom separate lots or exclusive burial rights shall be allotted, assigned, or conveyed, and their representatives and assigns; second, for the use of all who shall bury their dead therein in accordance
228
Brookline Town Records.
with the rules and regulations that may from time to time be in force in relation thereto, or by permission of the trustees having charge thereof ; and it is hereby declared that all citizens resident within the town shall be entitled to bury their dead therein, conforming to such rules and regu- lations.
2. Voted, That the chairman of the Selectmen be authorized to execute and acknowledge such instrument as may be necessary for the purpose of causing the foregoing declaration of trust to be properly recorded in the Registry of Deeds for Norfolk County.
3. Voted, That the management and control of the cemetery shall be confided to a board of six trustees, who shall have full charge thereof, and the direction of laying out, grading, improving, and ornamenting the same, and of the expenditure of all moneys appropriated therefor, and authority to make all needful rules and regulations respecting the occu- pation and use thereof, subject to the approval of the town; and also authority to convey, assign, and allot either separate lots or exclusive burial rights, or to grant permits for burial upon such terms and condi- tions and for such considerations as they shall determine to be just, right, and expedient, having reference and regard to the cost of said tract, and the expense of preparing and fitting the same for the purposes of a cemetery. Provided, however, that all conveyances of separate lots or exclusive burial rights shall be made subject to such provisions as will ensure the proper future care of the grounds either by the propri- etor of each lot, or by the town or its trustees at the expense of the pro- prietor.
4. Voted, That the chairman of the Selectmen for the time being, ex officio, shall be a member and chairman of the Board of Trustees of the cemetery ; the other six members shall be elected at the annual election of town officers, two for the term of one year, two for two years, and two for three years; after which two members of said board shall be elected annually for three years. Vacancies in the board may be filled for the remainder of the term at the next annual town meeting, unless sooner filled at a special town meeting, when a new member or members shall be elected for the unexpired term.
5. Voted, That the Town Clerk shall be clerk of the Board of Trus- tees of the cemetery.
6. Voted, That all conveyances, assignments, and allotments of sepa- rate lots or exclusive burial rights shall be made in writing, signed by not less than four of the Trustees, and recorded by the clerk upon a book kept by him for the purpose, under the supervision and direction of the board; and the Board of Trustees are hereby authorized in behalf of the town to make such conveyances, assignments, and allotments from time to time, which shall have the effect to confer an equitable title or interest only, the legal title remaining in the town in perpetual trust.
Upon such conveyance, assignment, or allotment being made and recorded, a certificate of proprietorship shall be made to the owner describ- ing the lot and right granted, to be signed by the chairman and clerk, and otherwise to be in such form as the trustees shall prescribe.
7. Voted, That suitable provision be made for the transfer of certifi- cates of proprietorship, for recording the same, and the issue of new cer-
229
Adjourned Special Meeting, January 4, 1875.
tificates in such manner and form, upon such conditions, and by the pay- ment of such clerical fees as the trustees shall prescribe.
All of which is respectfully submitted to the consideration of the town.
THOMAS PARSONS, CHARLES D. HEAD, CHARLES K. KIRBY, HORACE JAMES, AUSTIN W. BENTON,
Selectmen of the Town of Brookline.
Voted, To accept the foregoing report.
Voted, That the Selectmen insert an article in the warrant for the next annual town meeting, for the election of trustees of the new town cemetery.
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