USA > Massachusetts > Norfolk County > Brookline > Town records of Brookline, Massachusetts, 1872-1884, v. 3 > Part 46
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Thirteenth. To see if the town will appropriate sums now in the treasury, or which may be received from sewer assessments, for the con- struction of the proposed sewers; and will also authorize the Treasurer, under the direction of the Selectmen, to borrow such additional sums of money as shall be necessary for the construction of said sewers and of said proposed street and place, and the payment of damages, to be paid from the taxes of next year.
Fourteenth. To raise and appropriate such sums of money as may be necessary for any or all of the foregoing articles.
561
Special Meeting, September 16, 1880.
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 ninth -
day of September in the year of our Lord one thousand eight hundred and eighty.
CHARLES H. DREW, R. G. F. CANDAGE, HORACE JAMES, OLIVER WHYTE, ROLAND C. LINCOLN, Selectmen of the Town of Brookline.
NORFOLK, SS. BROOKLINE, September 11, 1880.
In the pursuance of the within warrant, I have notified and warned the inhabitants 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 copy of the same to be left at their last and usual place of abode; also by posting the same in three or more public places 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.
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 Thursday, the sixteenth day of September in the year of our Lord one thousand eight hundred and eighty, and were called to order at seven of the clock in the evening by the Town Clerk, who read the warrant calling said meeting, and the return thereon of the officer who served the notices of the same upon the in- habitants.
First Article taken up :
To choose a Moderator.
The meeting nominated and choose for Moderator, Moses Williams, Jr.
Second Article taken up :
To hear and act upon the reports of town officers and committees.
Mr. Charles H. Drew, chairman of the Selectmen, stated
562
Brookline Town Records.
that there were one or two claims made against the town, and that the Selectmen desired that the town authorize them to attend to such if presented.
Voted, That the Selectmen be, and they are hereby, author- ized to defend, or settle by final reference to arbitration or otherwise, any claims or suits which may be made or brought against the town.
Second Article laid on the table.
Eighth Article taken up :
To see what action the town will take relative to the claim of Philip Duffey.
On motion of Thomas H. Talbot, it was -
Voted, That the claim of Philip Duffey be referred to the Selectmen with full powers.
The Second Article taken from the table, but no action. was had under it.
Sixth Article taken up :
To see if the town will transfer from the appropriation for the exten- sion of water works, to the appropriation for the moving of the pumping station, the sum of seventeen hundred dollars, to be used in the construc- tion of the engineer's house.
Voted, That the sum of seventeen hundred dollars be transferred from the appropriation for the extension of water works, to the appropriation for the removal of the pumping. station, and that so much of it as is necessary may be used for the erection of a dwelling-house for the engineer.
Seventh Article taken up :
To see if the town will appropriate the sum of thirteen hundred dollars. for lighting streets, to be paid from any unexpended balances in the treasury.
Voted, That the sum of thirteen hundred dollars be appro- priated for the lighting of streets in addition to the sum appropriated at the annual meeting, to be taken from any unexpended balances in the treasury.
Ninth Article taken up :
To see what action the town will take relative to the petition of John C. Abbott and others for a change of grade of Beacon street between Tappan street and Park street.
563
Special Meeting, September 16, 1880.
Voted, That the matter be referred back to the Selectmen, that they may report more in detail.
Tenth Article taken up :
To see if the town will appropriate the sum of five hundred dollars for the repair of Longwood bridge, to be taken from any unexpended bal- ances in the treasury.
On motion of Mr. Charles H. Drew, it was -
Voted, That the sum of five hundred dollars be appropri- ated for the repair of Longwood bridge, to be taken from any unexpended balances in the treasury.
Third Article taken up :
To see if the town will accept and allow a new town way called Thayer street, running from Davis avenue to Washington street, as laid out by the Selectmen.
The Selectmen presented the following report on said article ; to wit, -
The undersigned, Selectmen of the town of Brookline, having given printed and written notices to E. C. Emerson, Joshua Conant, heirs of John W. Kingman, Michael Griffin (being all the parties known to us to be interested in the subject matter of the street or town way to be laid out), that we intend to lay out a town way under the law authorizing the assessments of betterments, being Chap. 382 of the Acts of 1871; viz., a street called by us Thayer street, leading from Davis avenue (northerly side) through land of E. C. Emerson, and the private way now known as Thayer place, to the southerly side of Washington street, under which it is proposed to build a sewer, such notices requiring such persons to ap- pear before us at the Town Hall, on the twenty-third day of August, 1880, at four o'clock in the afternoon ; and having caused such notices to be actually served, according to law, upon all such persons, by a consta- ble of this town, at least seven days before the day so appointed for the hearing, and having given notice to them and all other persons (if any) who may be interested in the subject matter of said street, whose names are not known to us, or who have no place of abode in the town, or who have no tenant or authorized agent known to us, by posting up a copy of the printed and written notice in a public place in town, at least seven days before the time appointed for the hearing ; - pursuant to such notice we met at the time and place appointed for the hearing, and after hear- ing the parties and their remarks and objections, and the route of the street having been viewed and examined by us, after fully considering the subject, do adjudge that it is necessary for the public convenience that a street or town way, called by us Thayer street, should be laid out and maintained by the town, leading from Davis avenue to Washington street, as hereinafter described by its centre line ; viz., - .
564
Brookline Town Records.
Commencing on the northerly side of Davis avenue, at a
point situated 106.00 feet westerly from the stone street monument between the estates of E. C. Emerson and Frederick Beck, and running N. 19º W.
98.59 ft.
Thence curving left with a radius of 143.13 feet
116.21 “
Thence curving right with a radius of 60 feet 121.98 "
Thence N. 50° 57' 40" E.
136.32 “
Thence N. 43º 25' 5" E. 182.88 feet to the southerly side of ·
Washington street, taking a parallel width of 20 feet on both sides of the above-described centre line, and curving the intersection of the side lines of the proposed street and the northerly side of Davis avenue with a radius of
14 6℃
The land taken for the proposed street is described as follows : - From the estate of Elijah C. Emerson, a parcel of land bounded southerly by Davis avenue, easterly and westerly by the side lines of the proposed street, and northerly by the southerly side of Thayer place, con- taining
18,185 sq. ft.
Sẵ
1,605
157
.6
66 98
6,150
The location of said street is in accordance with a plan and profile of the same dated August 23, 1880, made by A. H. French, civil engineer, approved by us; and such plan and profile are adopted by us as a part of this record.
The Selectmen also take the right to support said street by sloping the
Also from the estate of Elijah C. Emerson, a parcel of land bounded westerly by the westerly side of the pro- posed street, easterly and southerly by the westerly and northerly sides of Thayer place as now con- structed, and extending from the westerly branch of Thayer place to land of Michael Griffin, containing . From the estate of Joshua Conant, a parcel of land bounded easterly by the easterly side of the proposed street, westerly by the easterly side of Thayer place as now existing, and extending from the estate of Elijah C. Emerson to Washington street, containing From the estate of Michael Griffin, a parcel of land bounded westerly by the westerly side of the pro- posed street, easterly by the westerly side of Thayer place as now laid out, and extending from the estate of Elijah C. Emerson to that of the heirs of John W. Kingman, containing
From the estate of the heirs of John W. Kingman, a par- cel of land bounded westerly by the westerly side of the proposed street, easterly by the westerly side of Thayer place as now constructed, and extending from estate of Michael Griffin to Washington street, containing ·
From some person or persons unknown, the fee of that part of Thayer place, as now constructed, extending front Washington street to estate of Elijah C. Emerson, and containing about
565
Special Meeting, September 16, 1880.
banks on each side thereof on the adjoining land owned by said parties respectively ; but this is not intended to affect or impair at all the right of any owner of such adjoining land to use such slopes for building or any other purpose or use whatsoever incident to the ownership of the fee in said slopes, that will not impair the security of the roadbed. We have estimated the damage sustained by the owners of land, rights, and inter- ests, caused by the laying out and construction of said street in manner aforesaid, whether by taking property, or by injuring property in any manner whatsoever; and do estimate and determine the amounts to be paid to said parties respectively, as follows; viz., -
We take from Elijah C. Emerson 18,270 square feet of land, and also the right to support the roadbed as afore- said ; and we award him as damages for the land and rights thus taken, the sum of . $3,639 00
We take from Joshua Conant 1605 square feet of land, and also the right to support the roadbed as aforesaid ; and we award him as damages for the land and rights . thus taken, the sum of 1,250 00
We take from the heirs of John W. Kingman 98 square feet of land, and also the right to support the roadbed as aforesaid; and we award them as damages for the land and rights thus taken, the sum of . 230 00
We take from Michael Griffin 157 square feet of land, and the right to support the roadbed as aforesaid; and we award him as damages for the land and rights thus taken, the sum of 75 00
We take from owners unknown to us about 6,150 square feet of land, and we award to such owners the sum of 5 00
And we have given the owners of the lands through which said street is laid out, fifteen 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 street 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 town way.
The said plan, profile, and this record have this day been filed by us in the Town Clerk's office.
The estimated cost of building this street is · $3,062 80
The land damage we estimate at 5,199 00 ·
The estimated cost of building the sewer in said street 1,800 00
Making total cost . . $10,061 80
CHAS. H. DREW, HORACE JAMES, OLIVER WHYTE, ROLAND C. LINCOLN, Selectmen of the Town of Brookline.
Brookline, September 9, 1880.
566
Brookline Town Records.
BROOKLINE, Mass., September 9, 1880. - Filed in the office of the Town Clerk.
Attest : B. F. BAKER, Town Clerk.
Voted, To accept and allow a new town way called Thayer street, running from Davis avenue to Washington street, as laid out by the Selectmen.
Fourth Article taken up :
To see if the town will accept and allow a place or private way called Thayer place, leading from the proposed new town way called Thayer street to the estate of Michael Mahan, as laid out by the Selectmen.
The Selectmen presented the following report on said arti- cles ; to wit, -
The undersigned, Selectmen of Brookline, having given printed and written notices to E. C. Emerson, Michael Mahan, W. H. Bowker, and L. F. Lyon, and Fergus B. Turner (being all the parties known to us to be interested in the subject matter of the place or private way to be laid out), that we intend to lay out a private way under the law authorizing the assessment of betterments, being Chapter 382 of the Acts of 1871, viz., a place called by us Thayer piace, leading from the westerly side of the proposed new street called Thayer street to the land of Michael Mahan, being the westerly branch of Thayer place as now constructed, under which it is proposed to build a sewer, such notices requiring such persons to appear before us, at the Town Hall, on the twenty-third day of August, 1880, at four o'clock in the afternoon; and having caused such notices to be actually served according to law upon all such persons, 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 per- sons (if any) who may be interested in the subject matter of said private way, whose names are not known to us, or who have no place of abode in town, or who have no tenant or authorized agent known to us, by posting up a copy of the written and printed notice in a public place in the town, at least seven days before the time appointed for the hearing ; - pursuant to such notice, we met at the time and place appointed for the hearing, and after hearing the parties and their remarks and objections, and the route of the private way having been viewed and examined by us, after fully considering the subject, do adjudge that it is necessary for the public convenience and the convenience of the abutters thereon, that a private way or place, called by us Thayer place, should be laid out and maintained by the town, leading from a proposed new street, called by us Thayer street, to the land of Michael Mahan, as hereinafter described by its centre line; viz., -
Commencing at a point in the northerly side of a proposed street run- ning from Davis avenue to Washington street, situated 15.67 feet westerly from the angle in the northerly line of said proposed street, and running N. 55° 49' 50" W., 164.87 feet to the land of Michael Mahan, and taking a
567
Special Meeting, September 16, 1880.
parallel width of 15 feet on each side of the above-described centre line, and curving the intersection of the northerly side of the proposed street and the westerly side of Thayer place with a radius of 10 feet.
The land taken is described as follows : -
From the estate of Elijah C. Emerson, a parcel of land bounded northerly by the southerly side of Thayer place as now constructed; southerly by the southerly side of the above-described taking, and extending from proposed street to land of Michael Mahan, containing (398 feet of which is contained in lot in which dwelling- house is situated).
From estate of Fergus B. Turner, a parcel of land bounded northerly by the northerly side of the above-described taking, southerly by Thayer place as now constructed, and extending from land of Bowker and Lyon to that of E. C. Emerson, containing · From Levi T. Lyon and W. H. Bowker, a parcel of land containing . .
From some person or persons unknown, the fee of that part of Thayer place as now constructed, extending from northerly side of proposed street to land of Michael Mahan, containing about
54
6
3,550 "
The location of said private way or place is in accordance with a plan and profile of the same, dated August 23, 1880, made by A. H. French, civil engineer, approved by us, and such plan and profile are adopted by us as a part of this record.
The Selectmen also take the right to support said private way or place by sloping the banks on each side thereof on the adjoining land owned by said parties respectively ; but this is not intended to affect or impair at all the right of any owner of such adjoining land to use such slopes for building, or any other purpose or use whatsoever, incident to the ownership of the fee in said slopes, that will not impair the security of the roadbeds.
We have estimated the damage sustained by the owners of land, rights, and interests, caused by the laying out and construction of said private way or place in manner aforesaid, whether by taking property, or injur- ing property in any manner whatsoever, and do estimate and determine the amounts to be paid to said parties respectively, as follows; viz., - We take from Elijah C. Emerson 1356 square feet of land,
and also the right to support the roadbed as aforesaid ; and we award him as damages for the land and rights thus taken, on which the dwelling-house is situated, the sum of $195.00; and we award him as damages for the remainder of the land and rights taken, the sum of . $191 60
We take from Fergus B. Turner 54 square feet of land, and also the right to support the roadbed as aforesaid ; and we award him as damages for the land and rights thus taken, the sum of £ 26 50
1,356 sq. ft.
568
Brookline Town Records.
We take from W. H. Bowker and Levi T. Lyon 6 square
feet of land; and we award them as damages for the land thus taken the sun of $5 00
We take from aforesaid owners, unknown to us, about 3550 square feet of land; and we award to such own- ers the sum of .
3 00
And we have given the owners of the lands through which said pri- vate way is laid out, fifteen 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 place or private 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 private way.
The said plan, profile, and this record have been this day filed by us in the Town Clerk's office.
The estimated cost of building this private way or place is · $250 00.
The land damages we estimate at 421 10
The estimated cost of building the sewer therein is 400 00
Making total cost
. $1,071 10
CHAS. H. DREW, HORACE JAMES, OLIVER WHYTE, ROLAND C. LINCOLN, Selectmen of the Town of Brookline.
Brookline, September 9, 1880.
BROOKLINE, September 9, 1880. - Filed in the office of the Town Clerk.
Attest : B. F. BAKER, Town Clerk.
Voted, To accept and allow the foregoing report of the Selectmen to lay out a place or private way leading from the proposed new street to the estate of Michael Mahan.
Fifth Article taken up :
To see if the town will accept and allow a lateral sewer, beginning at the end of the main sewer under the tracks of the Boston & Albany Railroad, and continuing through White place, and private grounds of Seamans and others, to Davis avenue as laid out by the Selectmen.
The Selectmen presented the following report on the Fifth Article ; to wit, -
. The undersigned, Selectmen of the town of Brookline, having given printed and written notices to E. C. Emerson, Sarah A. Lincoln, Thomas McMahan, Edward Mealey, Kenrick Brothers, James M. Seamans, James A. Dupee, Mrs. Solomon Burt, John R. Tuscher, Rose Hicks, Mary Cuni- mings, Patrick Hogan, Ira Stubbs, Ellen Stitt, Jeremiah Shea, Paul Kelley, Mrs. J. O. Libby, Patrick McAvoy, Michael Whelan, Robert
569
Special Meeting, September 16, 1880.
Stanfield, P. W. Bowen, estate of Charles Follen, S. B. Logan, John Sheehan, estate of John Dustin, Adam Halfenstine, and the Boston & Albany Railroad Company (being all the parties known to us to be interested in the subject matter of the sewer to be laid out), that we intend to lay out a sewer, commencing at the termination of the pres- ent main sewer under the tracks of the Boston & Albany Railroad, and continuing through White place and the private grounds of J. M. Seamans and others, to Davis avenue, such notices requiring such persons to appear before us at the Town Hall, on the 23d day of August, at 4 o'clock in the afternoon; and having caused such notices to be actu- ally served according to law, upon all such persons, by a constable of this town, at least seven days before the day so appointed for the hear- ing; and having also given notice to them, and all other persons (if any) who may be interested in the subject matter of said sewer, whose names are not known to us, or who have no place of abode in the town, or who have no tenant or authorized agent known to us, by posting up a copy of the printed and written notice in a public place in the town, at least seven days before the time appointed for the hearing ; - pursuant to such notice we met at the time and place appointed for the hearing, and after hearing the parties, and their remarks and objections, and the route of the sewer having been viewed and examined by us, do adjudge that it is necessary for the public convenience and the public health that a sewer should be laid out and maintained by the town as hereinafter described by its axis line ; viz., -
Commencing at a point on the axis of and at the end of the present sewer, beneath the tracks of the Boston & Albany Railroad, and running in the same direction as does said sewer
Thence deflecting left 41º 15', and running
18.02
86.12 .
in a line parallel with and 25 feet distant from the northerly bridge abutment.
Thence deflecting right 43º 39', running 81.65 66 left, 26° 32' 15", running 832.35 66 in the centre line of White place.
Thence deflecting right, 42° 24' 15", and running 60 42° 24' 15",
22.15
172.74 to the southerly side of Davis avenue, and taking land as hereinafter described.
From the Boston & Albany Railroad Company, a parcel of land 10 feet in width on each side of the axis line, and extending from the end of the present sewer to the easterly end of White place, containing about . From the owners of the fee of White place, a strip of land 10 feet in width on each side of the axis line, and ex- tending from the land of the Boston & Albany Railroad to that of James M. Seamans, containing about . . From James M. Seamans, a parcel of land bounded north- erly by a line 6 feet from the axis line, southerly by
1,000 sq. ft.
14,400
9.93 feet
66 41° 15', "
570
Brookline Town Records.
land of Mary Cummings, and extending from land of Kenrick Brothers to westerly end of White place, and containing
360 sq. ft.
From Kenrick Brothers, a parcel of land bounded north- erly by a line 6 feet from the axis line, southerly by land of Mary Cummings, and extending from land of James M. Seamans to that of Edward Mealey, contain- ing .
429 66
From Edward Mealey, a parcel of land bounded both northerly and southerly by lines 6 feet from the axis line, and extending from land of Kenrick Brothers to Kerrigan place, containing
386 66
From Thomas McMahan, a parcel of land bounded both northerly and southerly by lines 6 feet distant from the axis line, and extending from Kerrigan place to land of Sarah A. Lincoln, containing
396 66
From Sarah A. Lincoln, a parcel of land bounded both northerly and southerly by lines 6 feet from the axis line, and extending from land of Thomas McMahan to that of Elijah C. Emerson, containing . From Elijah C. Emerson, a parcel of land bounded south- erly and westerly by a line 6 feet from the axis line, northerly by Davis avenue, and easterly by land of Sarah A. Lincoln, containing
1,260
2,288
The location of said sewer is in accordance with a plan of the same drawn by Shed & Sawyer, civil engineers, approved by us this 9th day of September, 1880, and such plan is adopted by us as a part of this rec- ord.
We have estimated the damages sustained by the owners of lands, rights, and interests, caused by the laying out and construction of said sewer, whether by taking property or by injuring property in any man- ner whatsoever, and do estimate and determine the amounts to be paid to said parties respectively, as follows ; viz., -
The Boston & Albany Railroad Corporation waives all claim for com- pensation for the easement thus taken by the town in lands owned by them.
The owners of the fee of White place, 14,400 sq. ft. . $5 00
James M. Seamans, 360 sq. ft.
45 00
Kenrick Brothers, 429 sq. ft.
100 00
Edward Mealey, 386 sq. ft.
73 72
Thomas McMahan, 396 sq. ft.
68 04
Sarah A. Lincoln, 1260 sq. ft.
475 00
Elijah C. Emerson, 2288 sq. ft.
1,144 00
Reserving to each of said persons the right to use the strip of land taken from him for the purpose of passing to and from the remainder of the lot from which said strip of land is taken, and all other rights not in- consistent with the use of said land for the construction and maintenance of said sewer.
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