Town records of Brookline, Massachusetts, 1872-1884, v. 3, Part 37

Author: Brookline (Mass.)
Publication date: 1888
Publisher: Brookline, Mass. : Published by vote of the town
Number of Pages: 804


USA > Massachusetts > Norfolk County > Brookline > Town records of Brookline, Massachusetts, 1872-1884, v. 3 > Part 37


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16,000.00


442


Brookline Town Records.


For watering streets


$5,000 00


lighting streets .


11,000 00


schools


35,000 00


Fire Department


5,500 00


police


13,000 00


evening schools


500 00


interest on the Edward Devotion School Fund


114 00


Assessors, including clerical aid


2,000 00


Auditors


30 00


Treasurer and Collector


2,000 00


Town Clerk, Clerk of Selectmen, and Clerk of the Over- seers of the Poor


800 00


Selectmen


2,000 00


Overseers of the Poor


1,000 00


sidewalks . ·


1,500 00


Superintendent of Streets


1,300 00


extension of water works (reappropriated $2608.08)


8,500 00


maintainance of water works


.


7,000 00


care of sewers, additional


500 00


land damage and construction of main sewer, additional


749 00


Town Hall, lighting and care of, and janitor


2,000 00


State tax


County tax


Voted, That the Treasurer be authorized to borrow the sum of seventy-five thousand dollars in anticipation of taxes, giving the note or notes of the town therefor, signed by the Treasurer and countersigned by a majority at least of the Selectmen.


Voted, That the various appropriations made by the town, including those for making and repairing highways and town ways, less the amount in the treasury and the estimated re- ceipts for the current year, amounting to dollars, be assessed upon the polls and estates, real and personal, of the inhabitants, resident and non-resident, of the town, and col- lected as the town rates are usually charged and collected.


Dissolved.


Attest : B. F. BAKER,


Town Clerk.


443


Special Meeting, July 2, 1878.


SPECIAL MEETING, JULY 2, 1878.


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 the town of Brookline, qualified to vote in elections, to meet at the Town Hall in said town, on Tuesday, the second day of July next, at three of the clock in the afternoon, for the fol- lowing purposes ; to wit, -


First. To choose a Moderator.


Second. To see if the town will adopt a system of sewerage, estab- lish a mode of assessment for the right to enter and use the sewers, adopt the Act relating to the apportionment of sewer and sidewalk assessments, approved May 15, 1878 (Stat. 1878, Chap. 249), and generally to hear and act upon the reports of the Committee on the Mode of Laying As- sessments.


Third. To see if the town will accept those parts of the "Act in re- lation to betterments," approved May 26, 1871 (or Stat. 1871, Chap. 382), and the amendments thereof, which are not in force in this town until accepted by it.


Fourth. To see if the town will make an appropriation to pay the Auditors for their services last year.


Fifth. To see if the town will increase the appropriation for lighting gas lamps.


Sixth. To see what action the town will take in reference to suits or claims against the town.


Seventh. To hear and act upon the report of the Committee on By- Laws.


Eighth. To see if the town will grant permission to the Holyhood Cemetery Association to use, for the purposes of burial, a parcel of land situated upon Boylston street in Brookline, being the whole of lots three and five shown upon a plan of Chestnut Hill in Brookline and Newton, drawn by J. Herbert Shedd, surveyor, dated August, 1856, except such portions of such lots as lie in the city of Newton, in conformity with Section five of Chapter twenty-eight of the General Statutes.


Ninth. To see if the town will authorize the Water Board to lay a water pipe in Chestnut place, to supply the estates of Mr. A. L. Cutler and Mrs. S. F. Train.


444


Brookline Town Records.


Tenth. To see if the town will authorize the Water Board to extend the water main already laid in Brookline avenue to a point near the Bos- ton line.


Eleventh. To raise and appropriate such sums of money as may be required for any or all of the foregoing articles.


Twelfth. To see if the town will apply to the County Commissioners to locate anew Harvard street, or any other highway whose boundaries are uncertain.


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 twenty- fourth day of June in the year of our Lord one thousand eight hundred and seventy-eight.


WM. I. BOWDITCH,


FRANCIS W. LAWRENCE,


HORACE JAMES, JAMES W. EDGERLY, OLIVER WHYTE, Selectmen of the Town of Brookline.


NORFOLK, SS. BROOKLINE, June 26, 1878.


Pursuant to the within warrant, I have notified the inhabitants of the town of Brookline herein described, to meet at the time and place and for the purposes within mentioned, by posting up attested copies of said warrant in two or more public places in said town, and have had true at- tested copies of the same left at each house in said Brookline, at least four days before said meeting, and also published in the newspaper printed in said town of Brookline.


W. Y. GROSS, Constable.


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 second day of July in the year of our Lord one thousand eight hundred and seventy-eight, and were called to order at three of the clock in the afternoon by the Town Clerk, who proceeded to read the warrant calling said meeting, and the return thereon of the constable who served the notice thereof upon the inhabitants.


First Article taken up :


445


Special Meeting, July 2, 1878.


To choose a Moderator.


The meeting nominated and chose for Moderator, Hon. William Aspinwall.


Second Article taken up :


To see if the town will adopt a system of sewerage, establish a mode of assessment for the right to enter and use the sewers, adopt the Act relating to the apportionment of sewer and sidewalk assessments, ap- proved May 15, 1878 (Stat. 1878, Chap. 249), and generally to hear and act upon the reports of the Committee on the Mode of Laying Assess- ments.


Voted, That the whole subject of the Second Article be re- ferred to the Committee on Sewer Assessments, to report thereon at a future meeting.


Voted, That the Committee on Sewer Assessments be in- creased by the addition of two members, to be appointed by the Moderator.


The Moderator appointed Messrs. John W. Candler and Thomas H. Talbot to be the additional members of the Com- mittee on Sewer Assessments. [See page 377.]


Third Article taken up :


To see if the town will accept those parts of the "Act in relation to betterments," approved May 26, 1871 (or Stat. 1871, Chap. 382), and the amendments thereof, which are not in force in this town until accepted by it.


Voted, That those parts of an "Act in relation to better- ments," approved May 26, 1871, being Stat. 1871, Chap. 382, and the amendments thereto, which are not now in force in the town, be and the same are hereby accepted by the town.


Fourth Article taken up :


To see if the town will make an appropriation to pay the Auditors for their services last year.


Voted, That the Selectmen be authorized and directed to pay one hundred and fifty dollars to the Auditors for last year for their services, out of any unexpended or unappro- priated balances in the treasury.


Fifth Article taken up :


To see if the town will increase the appropriation for lighting gas lamps.


446


Brookline Town Records.


Voted, That the Selectmen be and they hereby are author- ized and directed to light all the gas lamps that were lighted last year, and the expense thereof, not exceeding thirteen hundred dollars, may be paid out of any unexpended or un- appropriated balances in the treasury.


Sixth Article taken up :


To see what action the town will take in reference to suits or claims against the town.


Voted, That the Selectmen be and they are hereby author- ized to defend all suits brought against the town, or to settle them upon such terms as may seem reasonable ; but all settle- ments which involve any expenditure of money must be paid out of the appropriation for contingencies, or else they must be reported to the town and acted on by it before the same shall be deemed binding upon the town.


Voted, That the expense of defending all suits growing out of the introduction of water shall continue to be paid out of the water receipts ; and the expense of defending all suits grow- ing out of the construction of the main or lateral sewers may be paid out of any appropriation for the construction of sew- ers, or the contingent fund, or partly from both, at the dis- cretion of the Selectmen.


Voted, That the Water Board be and they hereby arc authorized to settle the claim of Patrick O'Neal as they shall deem expedient, the expense of this settlement to be charged upon and to be paid out of the water receipts.


On motion of John W. Candler, it was -


Voted, That the subject of claims against the town, and the manner of conducting suits in law in which the town is inter- ested, be referred to the Selectmen, to report upon at the annual town meeting.


Seventh Article taken up :


To hear and act upon the report of the Committee on By-Laws.


Voted, That the Seventh Article be laid upon the table.


Eighth Article taken up :


To see if the town will grant permission to the Holyhood Cemetery Association to use, for the purposes of burial, a parcel of land situated upon Boylston street in Brookline, being the whole of lots three and


447


Special Meeting, July 2, 1878.


five shown upon a plan of Chestnut Hill in Brookline and Newton, drawn by J. Herbert Shedd, surveyor, dated August, 1856, except such portions of such lots as lie in the city of Newton, in conformity with Section five of Chapter twenty-eight of the General Statutes.


Voted, That the Eighth Article be indefinitely postponed. Ninth Article taken up :


To see if the town will authorize the Water Board to lay a water pipe in Chestnut place, to supply the estates of Mr. A. L. Cutler and Mrs. S. F. Train.


Voted, That the Water Board be authorized to lay a two- inch main in Chestnut place from Chestnut street, a distance of four hundred feet, at an estimated expense of two hundred and fifty dollars, and charge the same to the extension of water works.


Tenth Article taken up :


To see if the town will authorize the Water Board to extend the water main already laid in Brookline avenue to a point near the Boston line.


Voted, That the Water Board be authorized to lay a six- inch main in Brookline avenue, from the point where the main now ends to a point near the Boston line, a distance of six hundred and fifty feet, at an estimated expense of five hun- dred and eighty-eight dollars, provided there should remain of the sum appropriated at the annual town meeting for the extension of water works enough, after paying for such mains as have heretofore been authorized and other expenses inci- dental thereto.


Eleventh Article taken up :


To raise and appropriate such sums of money as may be required for any or all of the foregoing articles.


Voted, To lay the Eleventh Article on the table.


Twelfth Article taken up :


To see if the town will apply to the County Commissioners to locate anew Harvard street, or any other highway whose boundaries are un- certain.


Voted, That the Twelfth Article be referred to the Select- men with full powers.


Dissolved.


Attest : B. F. BAKER,


Town Clerk.


448


Brookline Town Records.


SPECIAL MEETING, JULY 17, 1878.


-


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 the town of Brookline, qualified to vote in elections, to meet at the Town Hall in said town, on Wednesday, the seventeenth day of July instant, at seven and one-half of the clock in the evening, for the following purposes ; viz., -


First. To choose a Moderator.


Second. To see if the town will accept and allow three town ways as laid out by the Selectmen under the provisions of law authorizing the assessment of betterments : one called Brook street, leading from Aspin- wall avenue to the location of the Boston & Albany Railroad, following the general course of Aspinwall brook ; and two leading from Brook street to Aspinwall avenue, one of which will form the extension of Perry street, and the other will be about one hundred and fifty (150) feet west of said location, the purpose being to build a seven-feet sewer under Brook street. And to make an appropriation to pay the damages awarded the owners of land taken to make said streets.


Third. To see if the town will make an appropriation to pay for engi- neering service about lateral sewers reported at the last annual meeting, the drainage of the districts along Aspinwall brook, School street, Thayer place, White place, and the corner of Cypress street and Walnut street, and for making book of plan to show all the entrances into the sewers, and for surveys for the proposed street by the new station.


Fourth. To see if the town will authorize the city of Boston to use our main sewer and the lateral sewer in Brookline avenue and Washington street, and define the terms.


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 tenth day


449


Special Meeting, July 17, 1878.


of July in the year of our Lord one thousand eight hun- dred and seventy-eight.


WILLIAM I. BOWDITCH,


FRANCIS W. LAWRENCE, HORACE JAMES, JAMES W. EDGERLY, OLIVER WHYTE,


Selectmen of the Town of Brookline.


NORFOLK, SS. BROOKLINE, July 13, 1878.


In pursuance of the within warrant, I have notified and warned the in- habitants of the town of Brookline, qualified to vote in elections, to meet at the time and place and for the purposes within named, by causing a printed attested copy of the same to be left at their last and usual place of abode; also by posting in three or more public places copies of the same, and published in the " Brookline Chronicle," a newspaper published in said town, four days at least before the day of 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 Wednesday, the seventeenth day of July in the year of our Lord one thousand eight hun- dred and seventy-eight, and were called to order at half-past seven of the clock in the evening by the Town Clerk, who proceeded to read the warrant calling said meeting, and the return thereon of the officer who served the notice thereof upon the inhabitants.


First Article taken up :


To choose a Moderator.


The meeting nominated and chose for Moderator, Thomas H. Talbot, and he took the chair.


Second Article taken up :


To see if the town will accept and allow three town ways, as laid out by the Selectmen under the provisions of law authorizing the assess- ment of betterments : one called Brook street, leading from Aspinwall avenue to the location of the Boston & Albany Railroad, following the general course of Aspinwall brook; and two leading from Brook street to Aspinwall avenue, one of which will form the extension of Perry street, and the other will be about 150 feet west of said location; the pur- pose being to build a seven-feet sewer under Brook street, and to make an


450


Brookline Town Records.


appropriation to pay the damages awarded the owners of the land taken to make said street.


The Selectmen presented the following report ; to wit, -


Location of Brook street, the extension of Perry street and the short street west of the railroad.


The undersigned, Selectmen of the town of Brookline, having given printed and written notices to William Aspinwall, Right Rev. John J. Williams, Benjamin Hurd, Archibald E. McDonald, Solomon Burt and wife, Charles H. Union or his grantee, Joseph Lovett, George E. Sted- man, William Aspinwall (who is believed to have become the purchaser of the estate of the Emigrant Savings Bank), Daniel Doane, and Thomas Howe (being all the parties known to us or believed by us to be interested in the subject matter of the streets laid out), that we intended to lay out, under the provisions of law authorizing the assessment of betterments, -


First. A street called by us Brook street, leading from Aspinwall ave- nue to the location of the Boston & Albany Railroad, following the gen- eral course of Aspinwall brook (under which street it is proposed to build an extension of the main sewer).


Second. A street to form the extension of Perry street, to lead from Aspinwall avenue to Brook street; and


Third. A short street about 150 feet northwest of the location of said railroad, to lead from Aspinwall avenue to Brook street; and for these purposes to take lands and to divert water from the brook coming within the lines of the locations of the contemplated streets, such notices requir- ing such persons and corporation to appear before us at our room in the Town Hall, on the 10th day of July A.D. 1878, at 8 o'clock A.M., and hav- ing caused such notices to be actually served according to law, upon all such persons and said corporation, by a constable of this town, at least seven days before the day so appointed 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 streets, or either of them, or said sewer, whose names are not known to us, or who have no place of abode in town, or who have no tenant or authorized agent therein known to us, by posting up the same written and printed notices in three public places in the town, at least seven days before said time appointed for the hearing ; pursuant to such notices we met at the time and place appointed, and, after hearing the parties and their remarks and objections, and the routes of the streets. 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 inhab- itants of this town, that, -


First. A street, called by us Brook street, should be laid out and main- tained by the town, leading from Aspinwall avenue to the railroad loca- tion, as hereinafter described, viz., the axis line of this street begins at a point on the prolongation of that part of the centre line of Aspinwall avenue next Harvard street, and distant from the stone bound marking said centre line 20 feet.


-


451


Special Meeting, July 17, 1878.


Thence running in a direction S. 43º 21' 35" E., being at right angles to said centre line, prolonged about . . Thence turning to the left and running in a direction S. 84° 25' 40" E., about


Thence turning to the right and running on a curve of 500 feet radius, about 402.54 4 . Thence running in a direction S. 49° 27' E., being parallel to the southern boundary of the estate of William As- pinwall, and about 5.26 feet distant therefrom, to the location of the Brookline Branch Railroad, about 712.23 “


184.00 feet


515.46 “


1,814.23 feet


The street above described by the centre line has a width of 20 feet on each side of said centre line, and the corner on land of William Aspinwall near land of Benjamin Hurd being rounded with a curve of 40 feet radius, and taking land for the construction of said road as hereinafter described. From the estate of William Aspinwall, a parcel of land


bounded easterly by the private way running from As- pinwall avenue to Linden place, northerly and north- easterly by land of said Aspinwall by a line 20 feet from the axis line, northwesterly by Aspinwall avenue, south- westerly by lands of William Aspinwall and land of Rt. Rev. John J. Williams, southerly by lands of Benjamin Hurd, Archibald E. McDonald, Mrs. Solomon Burt, and Charles H. Union, or his grantee, Joseph Lovett, about From the estate of the Rt. Rev. John J. Williams, or St. Mary's Catholic church, a parcel bounded northwest- erly by land of William Aspinwall, easterly by land of Benjamin Hurd, southwesterly by a line 20 feet from the axis line, about .


From the estate of Benjamin Hurd, a parcel of land bound- ed northerly by land of William Aspinwall, and south- erly by a line 20 feet from the axis line, about


From the estate of Archibald E. McDonald, a parcel of land bounded northerly by land of William Aspinwall, westerly by land of Benjamin Hurd, easterly by land of Mrs. Solomon Burt, southerly by a line 20 feet from the axis line, about . From the estate of Mrs. Solomon Burt, a parcel of land bounded northerly by land of William Aspinwall, west- erly by land of A. E. McDonald, southerly by a line 20 feet from the axis line, easterly by land of Charles H. Union, or his grantee, Joseph Lovett, about


. 1,218 sq. ft.


From the estate of Charles H. Union, or his grantee, Joseph Lovett, a parcel of land bounded northerly by land of William Aspinwall, westerly by land of Mrs. Solomon Burt, southerly by a line 20 feet from the axis line, and easterly by a private way leading from Aspin- wall avenue to Linden place, about


The lands thus taken from McDonald, Burt, and Lovett


12,334 sq. ft.


133 sq. ft. 5,304 sq. ft


380 sq. ft.


1,517 sq. ft.


452


Brookline Town Records.


now form parts of a private way laid out by said Mc- Donald.


From that part of a private way leading from Aspinwall avenue to Linden place, north of the southern bound- ary of the estate of William Aspinwall, said way at this place being owned in fee by William Aspinwall, about From that part of the private way south of said boundary line owned in fee by persons unknown to us, about . From the estate of William Aspinwall, a parcel of land bounded southerly by land late of the Emigrant Sav- ings Bank, and now of said Aspinwall, northwesterly by a private way, aud northerly by a line 20 feet from the axis line about . . From the estate late of the Emigrant Savings Bank, and now of said Aspinwall, a parcel of land bounded north- erly partly by a line 20 feet from the axis line, partly by land of William Aspinwall, westerly by private way, and southerly by a line 20 feet from the axis line, about From the estate late of the Emigrant Savings Bank, and now of said Aspinwall, a strip of land, bounded on each side of said axis line by a line 20 feet from said axis line, about · · From the estate late of the Emigrant Savings Bank, and now of said Aspinwall, a parcel of land bounded north- erly by land of William Aspinwall, and southerly by a line 20 feet from the axis line, about ·


From the estate of William Aspinwall, a strip of land bounded northerly by a line 20 feet from the axis line, and southerly by land late of the Emigrant Sav- ings Bank, and now of said Aspinwall, about


From the estate late of the Emigrant Savings Bank, and now of said Aspinwall, a parcel of land bounded north- erly by land of William Aspinwall, southerly by a line 20 feet from the axis line, about


From the estate of Daniel Doane, a strip of land bounded northerly by land of William Aspinwall, and southerly by a line 20 feet from the axis line, about . .


From the estate of William Aspinwall, a strip of land bounded southerly by lands of Daniel Doane and Thomas Howe, northerly by a line 20 feet from the axis line, about


From the estate of Thomas Howe, a strip of land bounded northerly by land of William Aspinwall, and southerly by a line 20 feet from the axis line, about


440 sq. ft. 440 sq. ft.


2,164 sq. ft.


3,230 sq. ft.


11,302 sq. ft.


4,806 sq. ft.


1,235 sq. ft.


4,276 sq. ft.


8,705 sq. ft.


10,498 sq. ft.


5,001 sq. ft.


Under this street, called by us Brooks street, it is proposed to build an extension of the main sewer of a size sufficient to take the whole flow of the water in Aspinwall brook and the springs which may be found with- in the lines of the location.


Second. A street should be laid out and maintained by the town, lead-


.


453


Special Meeting, July 17, 1878.


ing from Aspinwall avenue to Brook street, above laid out, which street will form the extension of Perry street, as hereinafter described; viz., the centre line of this street begins at a point on the southern line of As- pinwall avenue, distant in a southwesterly direction 77.43 feet from the stone bound on the north side of said avenue, near Perry street.


Thence running S. 18° 11' 30" W., to the north side line of said Brook street, above laid out, about 239.95 feet Said extension having a uniform width of 20 feet on each


side of the above-described centre line ; and -


Said extension takes land -


From the estate of William Aspinwall, about 4,767 sq. ft. From the private way, owned in fee by said William As- pinwall, about 4,827


Third, a short street should be laid out and maintained by the town, leading from Aspinwall avenue to Brook street, above laid out by us, which short street will be northwest from and about parallel to the loca- tion of the Brookline Branch Railroad, as hereafter described ; viz., the centre line of this street begins at a point in the centre line of Aspinwall avenue, and distant 150 feet in a westerly direction from the location of the Brookline Branch Railroad ;




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