USA > Massachusetts > Norfolk County > Brookline > Town records of Brookline, Massachusetts, 1872-1884, v. 3 > Part 31
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Voted, That the Selectmen be authorized to procure eight lamp-posts and lanterns, to set the same and have them lighted on Newton street from the Boston line to the school- house, and to pay for the same out of any unexpended bal- ances in the treasury.
Fourteenth Article taken up :
To see if the town will abate the tax levied upon the real estate of Samuel Shackell for the year 1875, as petitioned for by A. W. Goddard.
Voted, That the Fourteenth Article be referred to a com-
-
366
Brookline Town Records.
mittee of three, to be appointed by the Moderator, to consider the subject and report at a future meeting.
The Moderator appointed the following gentlemen to com- pose said committee ; viz., Willard A. Humphrey, Thomas H. Talbot, Alfred D. Chandler.
Voted, To take up the Fifth Article :
To see if the town will accept and allow a public main sewer from Washington street to Charles river, as laid out and located by the Select- men.
On motion of Hon. William Aspinwall, it was -
Voted, That the Selectmen be directed to apply to the Legislature for authority to borrow not exceeding three hun- dred thousand dollars for the construction of sewers in this town, the principal to be made payable in 20 years from date of the bonds, bearing interest not exceeding six per cent. per annum, payable half yearly. Also to repeal Section 1 of Chapter 134 of the Acts of the year 1875.
Mr. Alfred D. Chandler moved that the vote whereby the meeting voted to refer back to the Selectmen their report on the laying out of the sewer from Washington street to Charles river, be reconsidered.
On motion of Hon. William Aspinwall, it was -
Voted, That the motion to reconsider be laid on the table. Voted, To adjourn.
Adjourned.
Attest : B. F. BAKER, Town Clerk.
SPECIAL MEETING, JANUARY 23, 1877.
WARRANT.
COMMONWEALTH OF MASSACHUSETTS.
NORFOLK, SS.
To either of the Constables of the Town of Brookline.
GREETING :
In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of
367
Special Meeting, January 23, 1877.
the town of Brookline, qualified to vote in elections, to meet at the Town Hall in said town, on Tuesday, the twenty-third day of January instant, at three of the clock in the afternoon, for the following purposes ; to wit, -
First. To choose a Moderator.
Second. To hear and act upon reports of town officers and com- mittees.
Third. To see if the town will accept and allow a public sewer from Washington street to Charles river, as laid out and located by the Select- men, and to act upon the votes reported by the Selectmen.
Fourth. To raise and appropriate such sums of money as may be re- quired for any or all of the foregoing articles.
Hereof fail not, and make due return of this warrant, with your doings thereon, to the Selectmen, four days at least be- fore the day of said meeting.
Given under our hands at Brookline aforesaid, this eighth day of January in the year of our Lord one thousand eight hundred and seventy-seven.
WM. I. BOWDITCH, JAMES M. CODMAN, MARSHALL RUSSELL, FRANCIS W. LAWRENCE, HORACE JAMES, Selectmen of the Town of Brookline.
NORFOLK, SS. BROOKLINE, January 18, 1877.
Pursuant to the within warrant, I have notified and warned the in- habitants of the town of Brookline to meet at the time and place and for the purposes within mentioned, by leaving attested copies of this warrant at each house, and also by posting attested copies in two or more public places in said Brookline, four days at least before the time set for said meeting.
W. Y. GROSS,
Constable of Brookline.
In pursuance of the foregoing warrant, the inhabitants of the town of Brookline, qualified to vote in elections, met at the Town Hall in said town, on Tuesday, the twenty-third day of January in the year of our Lord one thousand eight hundred and seventy-seven, and were called to order at three of the clock in the afternoon by the Town Clerk, who pro- ceeded to read the warrant calling said meeting, and the
368 .
Brookline Town Records.
return thercon of the officer who served the notices of the same upon the inhabitants.
First Article taken up :
To choose a Moderator.
The meeting then nominated and chose for Moderator William I. Bowditch.
Second Article taken up :
To hear and act upon the reports of town officers and committees.
No town officer or committee being prepared to report, the Second Article was laid on the table.
Third Article taken up :
To see if the town will accept and allow a public main sewer from Washington street to Charles river, as laid out and located by the Select- men, and to act upon the votes reported by the Selectmen.
The Selectmen presented the following report ; to wit, -
Location of Main Sewer.
The undersigned, Selectmen of the town of Brookline, having given printed and written notices to Robert M. Mason and others, trustees under the will of Ebenezer Francis, the Boston and Roxbury Mill Cor- poration, the city of Boston, Amos A. Lawrence, William R. Lawrence, Mary A Amory, wife of Dr. Robert Amory, the proprietors of Christ church, Longwood, the heirs of David Sears, Sophia D. Wells, widow of Hon. John Wells; Charles Stearns, and the heirs of Marshall Stearns, deceased; the Boston & Albany Railroad Corporation, Isaac Taylor, and the heirs of Thomas Aspinwall (being all the parties known to us or believed by us to be interested in the subject matter of this sewer), that we intended to lay out a main sewer from the Harbor Commissioners' line in Charles River, through St. Mary's street, across the track of the Boston & Albany railroad, through Beacon street and Carlton street, and on and near the north side of the location of the Brookline branch of said railroad, crossing Longwood avenue and Aspinwall avenue, to a point near Aspinwall brook, and thence across the railroad, the brook sewer, the play-ground, and through Brookline avenue, again crossing the brook sewer, and through Washington street, crossing the brook sewer again, to a point near the railroad station ; and for this purpose to take lands and to divert water from the brooks and the brook sewers coming within the line of the location of the contemplated sewer; such notices requiring such persons and corporations to appear before us at our room at the Town Hall, on the twenty-sixth day of December A.D. 1876, at 4 o'clock P.M .; and having caused such notices to be actually served according to law, upon all such persons and corporations by a constable of this town, at least seven days before the day so appointed
369
Special Meeting, January 23, 1877.
for the hearing; and having also given notice to them and all other persons and corporations (if any) who may be interested in the subject matter of said sewer, whose names are not known to us, by posting up the same written and printed notices in three public places in the town, and also by causing to be left at each and every house in town a true and attested copy of said notice at least seven days before said day appointed for the hearing, and also by publishing the same notice in the Brookline " Chronicle " before said day. Pursuant to such notices we met at the time and place appointed, and after hearing the parties and their remarks and objections, and the route of the sewer as hereinafter described having been viewed and examined by us, after fully considering the subject, do adjudge that it is necessary for the public convenience, and the public health of the inhabitants of this town, that a main sewer should be laid out and maintained by the town as hereinafter described ; viz., the axis line of the sewer being thus described : -
Commencing at the Harbor Commissioners' line on the southerly side of Charles river, at a point in line with the middle of St. Mary's street, and running in the direction of and on the middle line of St. Mary's street (which for about 1000 feet in length is a private way not accepted by the town) about 1855.00 feet
to a point 15 feet northerly from Beacon street.
Thence curving right on a radius of 40 feet
62.83 feet
Thence westerly on the middle line of Beacon street about ·
592.75 ··
Thence curving left on a radius of 40 feet . 62.83 “ .
Thence southerly on the middle line of Carlton street about .
726.36
Thence curving right on a radius of 100 feet
129.15
to a point 21.75 feet from the middle line of the Brook- line branch railroad.
Thence westerly parallel to the railroad line about 700.00 “
Thence curving left on a radius of about 2292 feet about . 500.00 .
to a point 48 feet from the middle of the railroad track and 66 feet at right angles from Longwood avenue.
Thence still curving left on a radius of 1000 feet about .
440.00 66
Thence curving right on a radius of 1000 feet about . 183.00
to a point 14 feet within the railroad location.
Thence parallel with the railroad line about 1652.00 “
to a point in line with the middle of the culvert under the railroad near Aspinwall brook.
Thence curving left on a radius of 40 feet about Thence southerly about
47.50 “
to the side-line of Brookline avenue at a point 12 feet easterly of the westerly side-line of the playground.
Thence curving right on a radius of 40 feet about to the middle of Brookline avenue.
51.70 "
Thence southwesterly on the middle line of Brookline avenue about .
825.00
to a point in Washington street.
Thence curving right on a radius of 55 feet about
55.00 6.
415.00 66
370
Brookline Town Records.
Thence parallel with the general course of Washington street about
to a point near the northwesterly corner of Walnut and Washington streets.
Thence curving right on a radius of 40 feet, about 23.50 “
Thence on a tangent running northwesterly, about . 159.00
Thence curving right on a radius of 245 feet, about . 160.00
to a drain near the track of the N. Y. and N.E. R.R.
564.00 feet
And taking land as hereinafter described : -
Taking land from Francis estate.
From the devisees of Ebenezer Francis, a parallel width of 14 feet on both sides of the axis line, and extending from the Har- bor Commissioners' line in Charles river to the property of the Boston and Rox- bury Mill Corporation, about .
Boston and Roxbury Mill Corporation.
From the Boston and Roxbury Mill Corpora- tion a parallel width of 14 feet on both sides of the axis line, and extending from land of the heirs of Ebenezer Francis to the northerly side of Brighton avenue, about
of part of St. Mary's street.
Owners of fee From some person or persons unknown to us, but believed to be the Boston & Albany Railroad Corporation, and Amos A. Law- rence, and William R. Lawrence, the own- ers in fee of that part of St. Mary's street which has not been accepted by the town as a town road, a parallel width of 14 feet on both sides of the axis line, and extend- ing from Brighton avenue to Ivy street, about . Mary A. Amory. From the estate of Mary A. Amory, wife of Dr. Robert Amory, a parcel of land bound- ed northerly by Colchester street, easterly by a passageway leading from Carlton street to the railroad, southerly by the lo- cation of the Boston & Albany Railroad, and westerly by a line 14 feet from the axis line, about .
Boston & Al- From land occupied and partly owned by the bany Railroad.
Boston & Albany Railroad Corporation, about · the corporation having only an easement in most of said land for railroad purposes, and the land itself, subject to such ease- ment, being owned by persons unknown to us.
10024 sq. ft.
2716 sq. ft.
27850 sq. ft.
560 sq. ft.
29280 sq. ft.
9204.62 "
371
Special Meeting, January 23, 1877.
From the estate of the proprietors of Christ Church, a parcel of land, bounded north- westerly by a line 14 feet from the axis line, southeasterly by the location of the Boston & Albany Railroad, and south- westerly by land of Sophia D. Wells, about . .
. From the estate of Sophia D. Wells, a parcel of land bounded northwesterly by a line 14 feet from the axis line, northeasterly by the estate of Christ Church, southeast- erly by the location of the Boston & Al- bany Railroad, and southwesterly by Longwood avenue, about . · From the estate of Charles and heirs of Mar- shall Stearns, a parcel of land bounded northeasterly by Longwood avenue, south- easterly by the location of the Boston & Albany Railroad, and northwesterly by a line 14 feet from the axis line, about
From land owned and occupied by the Bos- ton & Albany Railroad Corporation, a parcel of land bounded southeasterly by a line 14 feet from the axis line, southwest- erly by the land of Charles and heirs of Marshall Stearns, northwesterly by a line 14 feet from the axis line and land of Charles and heirs of Marshall Stearns, about .
From the estate of Charles and heirs of Mar- shall Stearns, a parcel of land bounded northeasterly by the location of the Boston & Albany Railroad, southeasterly by a line 14 feet from the axis line, southerly by land now or late of Isaac Taylor, and westerly by a line 14 feet from the axis line, about .
From the estate of Isaac Taylor, or some other person or persons unknown to us, a parcel of land bounded northerly by land of Charles and heirs of Marshall Stearns, southeasterly by the location of the Bos- ton & Albany Railroad, southwesterly by land of Charles and heirs of Marshall Stearns, and westerly by a line 14 feet from the axis line, about
From the estate of Charles and heirs of Mar- shall Stearns, a parcel of land bounded northeasterly by land now or late of Isaac Taylor, southeasterly by the location of
Proprietors of Christ Church.
2930 sq. ft.
Sophia D. Wells.
5450 sq. ft.
Chas. Stearns and heirs of Marshall Stearns.
2710 sq. ft.
Boston & Al- bany Rail- road.
3040 sq. ft.
Chas. Stearns and heirs of Marshall Stearns.
1400 sq. ft.
Isaac Taylor or persons unknown.
1620 sq. ft. Chas. Stearns and heirs of Marshall Stearns.
372
Brookline Town Records.
the Boston & Albany Railroad; southerly by land of Helen M. Noyes, and south- westerly by a line 14 feet from the axis line, about
Boston & Al- bany Railroad and others.
From land occupied by the Boston & Albany Railroad Corporation, about .
A portion of this land is owned by said corporation by deeds, but in the portions formerly belonging to Augustus Aspin- wall and Thomas Aspinwall, the corpora- tion has an easement for railroad pur- poses, and the land itself, subject to such easement, is owned by some person or per- sons unknown to us.
Heirs of Thomas As- pinwall.
From the estate of the heirs of Thomas As- pinwall, a parcel of land bounded south- easterly by the location of the Boston & Albany Railroad, southerly by Aspinwall avenue, and northwesterly by a line 14 feet from the axis line, about .
Heirs of Thomas As- pinwall.
From the estate of the heirs of Thomas As- pinwall, a parcel of land bounded north- easterly by Aspinwall avenue, southeast- erly by the location of the Boston & Al- bany Railroad, and northwesterly by a line 14 feet from the axis line, about
Boston & Al- bany Railroad.
From land occupied by the Boston & Albany Railroad Corporation, a parcel bounded northwesterly by land taken from the heirs of Thomas Aspinwall, northeasterly by Aspinwall avenue, southeasterly by a line 14 feet from the axis line, and cross- ing the railroad location, a parallel width of 14 feet on both sides of the axis line to land occupied by a sewer, about The corporation having an easement in said land for railroad purposes, and the land itself, subject to such easement, being owned by persons unknown to us.
Brook sewer location. Town play- ground.
From land previously occupied by the town and duly laid out as a sewer, about . From playground owned by the town, a par- allel width of 14 feet on both sides of the axis line, extending from land occupied by sewer to the northerly line of Brook- line avenue, about
And taking the ordinary flow of brooks and springs which will be crossed by the sewer, or such part of the ordinary flow as may be deemed expedient at the points of interseo-
280 sq. ft. 42010 sq. ft.
150 sq. ft.
2280 sq. ft.
7410 sq. ft.
580 sq. ft.
10100 sq. ft.
373
Special Meeting, January 23, 1877.
tion of the line of location with the natural courses of such brooks and springs, and conducting said flow into said sewer.
First. From the brook flowing near the location of the N. Y. & N. E. R.R.
Second. From Aspinwall brook.
Third. From the brook flowing from the Davis and Stearns marshes, so called, east of Aspinwall avenue.
Fourth. From the old channel of Muddy river, or any other brook or spring the natural course of which crosses the line of location of said sewer.
The grade of the interior crown of said sewer, at Brighton avenue, will be at elevation 9.00, referring to the Boston base, and it will fall at the rate of one foot in two thousand to a point within two hundred and sixty-five feet of the Harbor Commissioners' line ; thence it will fall to mean low water level at the Harbor Commissioners' line. From Brigh- ton avenue the grade will rise one foot in two thousand to Aspinwall brook; thence it will rise one foot in one thou- sand to the drain near the track of the N. Y. & N. E. R.R.
The location of said sewer is in accordance with a plan and profile of the same drawn by J. Herbert Shedd, civil engineer, dated September, 1876, approved by us, and such plan and profile are adopted by us as part of this record. The Selectmen, however, reserve the right to change the grade in constructing the sewer within the limits of Brook- line avenue and Washington street, if they shall deem it ex- pedient so to do.
We have estimated the damages sustained by the owners Damages of lands, rights, and interests, including water rights, caused by the laying out and construction of said sewer, whether by taking property, diverting water, or by injuring property in any manner whatsoever, and do estimate and determine the amounts to be paid to said parties, respectively, as fol- lows : -
Robert M. Mason and others, trus- tees under the will of Ebene- zer Francis
* Boston and Roxbury Mill Corpor- ation
Amos A. Lawrence and William R. Lawrence, or whoever may be owners of the fee of that part of St. Mary's street which is a private way -
within the railroad lo-
cation 2250 sq. ft. outside of the railroad
location 25600 sq. ft.
10024 sq. ft. $1,500 00
2716 sq. ft.
1,358 00
awarded to.
Francis trus- tees.
B. & Rox. Mill Cor.
Owners of fee of part of St. Mary's street.
27850 sq. ft. 300 00
374
Brookline Town Records.
And the town agrees to restore the surface of the road to as good or a better condition than it is now in. Mrs. Mary A. Amory, wife of Dr. Amory, about .
Props.
Proprietors of Christ Church 2930 66 732 00
Christ Church.
Sophia D.
Sophia D. Wells .
5450
3,270 00
Wells.
Chas. Stearns and Marshall 1
Charles Stearns and heirs of Mar- shall Stearns,
Stearns' heirs.
for three parcels
taken
2710 sq. ft.
1,084 00
1400
140 00
280
28 00
Total taken
4390
Isaac Taylor, or some person or
persons unknown to us .
1620
200 00
Thomas Aspinwall's heirs,
for two parcels
taken
150 sq. ft. 2280 sq. ft.
Total taken
2430
729 00 -
Boston & Al-
bany Railroad.
The Boston & Albany Railroad Corporation, for five parcels taken 2250 sq. ft. 29280 ..
3040
42010 66
7410 66
Total taken .
The corporation waives all claim for compensation for the easement thus taken by the town in lands owned by them in fee, by virtue of deeds from Charles Stearns, Charles Stearns, Jr., Mar- shall Stearns, David R. Griggs, Elijah Corey, guardian of Davis heirs, and from Harrison Fay.
The corporation also waives all claim for compensation for the easement thus taken by the town in lands embraced within its location, and over which it has only a right of way for railroad purposes. But the corporation will expect compensation, and we
83990 66
+
Mary A. Amory.
560 sq. ft.
$300 00
Isaac Taylor or persons unknown. Heirs of Thomas As- pinwall.
Special Meeting, January 23, 1877.
375
expect to pay for any damages we may actually inflict on the road in the construction or future repairs of the sewer. We do not, however, see why it will be neces- sary to inflict any damages on the road for the construction of the sewer.
And we award to the owners in fee of the lands thus held for railroad purposes, in full, for the damages sustained by them, re- spectively, -
·Ebenezer Francis' grantees, be- ing persons unknown to us, about .
7020 sq. ft.
$35 10
David Sears' grantees, &c.
21930 66
109 65
Augustus Aspinwall's grantees or heirs, being persons unknown to us, about .
16100
.6
80 50
Thomas Aspinwall's grantees or heirs, being persons unknown to us, about
Thomas As- pinwall's grantees, &c.
14000
66
70 00
$9,936 25
And to each and all of these persons we reserve all rights of way over the railroad location which they now legally enjoy, and also the right to pass over their lands adjoining such location, and hereby taken, so far as may be necessary to enable them to enjoy such easements, but no farther ; and propose to pay them, respectively, for all damages to such right of way which they may actually sustain, either in the construction or in the future repair of the sewer; but we do not think it will be necessary to interfere with the enjoyment of these rights of way in the construction of the sewer.
And we have given the owners of the lands through which said sewer is laid out, thirty days from the date of the acceptance of this report by the town in which to remove structures, buildings, walls, fences, hedges, or trees standing on said land.
And said sewer, as so laid out, located, and described, is hereby re- ported to the town for acceptance. and when so accepted, allowed, and recorded, is to be known as a public main drain or common sewer.
The said plan, profile, and this record have been this day filed by us in the Town Clerk's office.
We request the town to provide by ordinance, or otherwise, what part of the expense of constructing, maintaining, and repairing main drains or common sewers shall be paid by the town, so that we may know what portion of the cost of constructing this sewer shall, after its completion, be assessed upon every person who shall enter his particular drain
Ebenezer Francis' grantees.
David Sears' grantees or heirs, being persons unknown to us, about .
Aug. Aspin- wall's gran- tees, &c.
376
Brookline Town Records.
therein, or who, by more remote means, shall receive benefit thereby for draining his cellar or land.
We estimate the expense of constructing the sewer at $131,822, and the land damages at $9936.25, making a total of $141,758.25.
WM. I. BOWDITCH, JAMES M. CODMAN, MARSHALL RUSSELL, HORACE JAMES, FRANCIS W. LAWRENCE. Select men of Brookline.
Brookline, December 27, 1876.
BROOKLINE, December 27, 1876. - Filed in the office of the Town Clerk.
Attest : B. F. BAKER, Town Clerk. 9
Voted, That the main drain or common sewer laid out by the Selectmen, December 27, 1876, as thus reported by them to the town, be and the same is hereby accepted, allowed, and recorded as laid out by the Selectmen.
Yeas, one hundred and nine.
Noes, seven.
Voted, That the balance of the sums raised by taxation at the last annual meeting for the construction of sewers ($20,000) be placed at the disposal of the Selectmen, to be expended by them in the construction of said sewer and in paying land damages.
Voted, That if the Legislature shall grant the authority asked for by the Selectmen, by direction of the town, De- cember 12, 1876, the Selectmen are hereby authorized to issue not exceeding $125,000 of said bonds from time to time, as needed to complete the construction of said sewer and pay land damages.
Yeas, one hundred and twelve.
Noes, none.
Voted, That if said bonds shall be so issued, there shall be raised by taxation next year the sum of $7500 to pay the interest on the bonds so issued, and that the yearly sum of $3600 be added to the appropriation for the sinking fund, and raised next year and each succeeding year until the final payment of the bonds thus authorized to be issued. If, however, the money shall be borrowed at five per cent. or a
377
Special Meeting, January 23, 1877.
less rate of interest, the amount to be raised for payment of interest shall be proportionally reduced.
Voted, That said sewer shall be built by contract or by days' work, at the direction of the Selectmen, as they deem most for the interest of the town, and they are re- quested, as far as may be possible consistent with thoroughly good work and economy, to endeavor to secure the labor of construction to our townspeople, and they are hereby re- quested to employ J. Herbert Shedd, civil engineer, as superintendent of the work.
Voted, That a committee of five, to be nominated by the chair, be appointed to consider and report in print at the annual meeting, or some future meeting, upon what basis assessment for the building of main and lateral sewers, or for entering the same, shall be laid.
The Moderator nominated the following gentlemen to compose said committee ; viz., William Aspinwall, Henry M. Whitney, James P. Farley, Jr., Charles U. Cotting, Francis W. Lawrence.
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