USA > Massachusetts > Norfolk County > Brookline > Town records of Brookline, Massachusetts, 1872-1884, v. 3 > Part 58
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701
Adjourned Annual Meeting, April 18, 1883.
zens. They did recommend that experiments be made the coming summer to determine in which direction the filtering galleries should be extended should it be necessary to do so in a year or two. The report had been printed and dis- tributed among the inhabitants of the town.
Voted, That the sum of five hundred dollars be appropri- ated for experiments connected with extensions of the filter- ing galleries, to be expended by the Water Board.
Voted, To indefinitely postpone the subject of a high- service water supply.
Fifteenth Article taken up :
To raise and appropriate such sums of money as may be necessary for all or any of the purposes mentioned in the foregoing articles, or as may be required to defray the expenses of the town for the ensuing year, and especially to act upon all the appropriations asked for or proposed by the Setectmen, or by any town officers or committees.
Voted, That the vote whereby the town voted to appro- priate the sum of eighty-seven thousand dollars for interest the present year, be reconsidered.
Voted, That the sum of eighty-six thousand dollars be appropriated for interest for the present year.
Voted, That the town hereby appropriates for the state and county taxes such sums as may be assessed upon the town by said state and county.
Voted, That the money appropriated by the town for the various purposes, including the appropriation for the pur- pose of making and repairing highways and town ways, be assessed after deducting the balance in the treasury, and the probable receipts for the ensuing year, amounting to dollars, upon the polls and estates, real and personal, of the inhabitants, resident and non-resident, of the town, and col- lected as the town charges are usually assessed and collected.
On motion of Mr. George Griggs, it was -
Voted, That the Selectmen of the town be instructed to cause to be made up and printed on the first day of May next, and quarterly thereafter, an exhibit of the general and special appropriations, the amounts drawn and paid out, and the balance of each appropriation unexpended.
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Brookline Town Records.
On motion of Mr. Alfred D. Chandler, it was -
Voted, That the matter of placing the park bonds to the amount of forty thousand dollars, to be called the " Public Park Loan," as voted by the town at the annual town meet- ing in 1882, be referred to the Sinking Fund Commissioners and to the Park Commissioners, to determine what length of time and what rate of interest the bonds shall be issued.
Voted, That the meeting be dissolved.
Dissolved.
Attest : B. F. BAKER, Town Clerk.
SPECIAL MEETING, JUNE 6, 1883.
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 as the law directs, to meet at the Town Hall, on Wednesday, the sixth day of June next, at seven and one half of the clock in the evening, for the following purposes ; to wit, -
First. To choose a Moderator.
Second. To see what action the town will take in relation to the order of the County Commissioners for a hearing, on Thursday, June 7th, at the Town Hall, Brookline, on the petition of Moses Williams and 15 others, for the laying out and construction of a highway from Tappan street opposite Gardner road, to Boylston street opposite the end of Walnut street.
Third. To see if the town will appropriate the sum of nine hundred and seventy-five dollars and sixty-four cents to settle the claim of Joshua Conant, for damages in the laying out and construction of Thayer street.
Fourth. To see if the town will appropriate the sum of sixteen hundred dollars to repair the retaining wall on Boylston street, west of Cypress street.
Fifth. To see if the town will make an additional appropriation of
703
Special Meeting, June 6, 1883.
fifteen hundred dollars, necessary for the erection of a workshop and stable for the use of the water works, on the engine-house lot on Walnut street.
Sixth. To raise and appropriate such sums of money as may be necessary for all or any of the purposes mentioned in the foregoing arti- cles.
Seventh. To hear and act upon the reports of town officers and com- mittees.
Hereof fail not, and make due return of this warrant to the Selectmen, with your doings thereon, four days at least before the day of said meeting.
Given under our hands at Brookline aforesaid, this twenty-
ninth day of May eighteen hundred and eighty-three.
CHAS H. DREW,
FRANCIS W. LAWRENCE,
JOHN K. ROGERS, C. F. SPAULDING,
OLIVER WHYTE,
Selectmen of the Town of Brookline.
NORFOLK, SS. BROOKLINE, June 2, 1883.
In 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 caus- ing a printed attested 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 pub- lished 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 in the Town Hall in said town, on Wednesday, the sixth day of June in the year of our Lord one thousand eight hundred and eighty-three, and were called to order at half-past seven of the clock in the evening by the Town Clerk, who read the warrant calling said meeting, and the return thereon of of the officer who served the notices of the same upon the inhabitants.
First Article taken up :
To choose a Moderator.
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Brookline Town Records.
The meeting nominated and chose for Moderator Rufus G. F. Candage.
Third Article taken up :
To see if the town will appropriate the sum of nine hundred and sev- enty-five dollars and sixty-four cents to settle the claim of Joshua Conant for damages in the laying out and construction of Thayer street.
Voted, That the sum of nine hundred and seventy-five dol- lars and sixty-four cents be appropriated to pay the claim of Joshua Conant for damages in the laying out and construc- tion of Thayer street, to be paid from any unexpended bal- ances in the treasury.
Fourth Article taken up :
To see if the town will appropriate the sum of sixteen hundred dollars to repair the retaining wall on Boylston street west of Cypress street.
Voted, That the sum of sixteen hundred dollars be appro- priated to repair the retaining wall on Boylston street west of Cypress street, to be taken from any unexpended balances in the treasury.
Fifth Article taken up :
To see if the town will make an additional appropriation of fifteen hundred dollars, necessary for the erection of a workshop and stable for the use of the water works on the engine-house lot on Walnut street.
Voted, That the sum of fifteen hundred dollars additional be appropriated for the erection of a workshop and stable for the use of the water works on the engine-house lot on Walnut street, to be taken from any unexpended balances in the treasury.
Seventh Article taken up :
To hear and act upon the reports of town officers and committees.
Mr. Charles H. Drew, chairman of the Selectmen, reported in relation to the extension of Toxteth street, that arrange- ments had been made with the Aspinwall Land Company for the laying out of the extension of said street, which would be presented to the town at a meeting to be held soon.
On motion of Mr. Moorfield Story, it was -
Voted, That the whole subject of improving the approaches to the railroad station and widening of the Washington-street
1
705
Special Meeting, June 14, 1883.
bridge, be referred to a committee to consist of William H. Lincoln, Charles H. Drew, James M. Codman, Jerome Jones, and Winthrop S. Scudder, with instructions to confer with the B. & A. R.R. Co., prepare some definite plan, and report the same to the Selectmen as soon as practicable.
Second Article taken up :
To see what action the town will take in relation to the order of the County Commissioners for a hearing, on Thursday, June 7th, at the Town Hall, Brookline, on the petition of Moses Williams and 15 others, for the laying out and construction of a highway from Tappan street opposite Gardner road, to Boylston street opposite the end of Walnut street.
Voted, That the Selectmen appear before the County Com- missioners and oppose the laying out of said street.
.
Dissolved.
Attest : B. F. BAKER,
Town Clerk.
SPECIAL MEETING, JUNE 14, 1883.
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 as the law directs, to meet at the Town Hall, on Thursday, the fourteenth day of June current, at seven and one half of the clock in the even- ing, for the following purposes ; to wit, -
First. To choose a Moderator.
Second. To see if the town will accept and allow a town way in ex- tension of Toxteth street, as laid out by the Selectmen.
Third. To see if the town will authorize the Water Board to remove the old wooden conduit connecting the eastern and western galleries at the pumping station, and substitute therefor an iron pipe, and make the necessary appropriation.
Fourth. To hear and act upon reports of town officers and commit- tees.
706
Brookline Town Records.
Fifth. To see if the town will make an additional appropriation of twenty-five hundred dollars for the purchasing of land and building of a schoolhouse on Walter avenue.
Sixth. To raise and appropriate such sums of money as may be neces- sary for all or any of the purposes mentioned in the foregoing articles.
Hereof fail not, and make due return of this warrant, to the Selectmen, with your doings thereon, four days at least before the day of said meeting.
Given under our hands at Brookline aforesaid, this sixth day of June, eighteen hundred and eighty-three.
CHAS. H. DREW,
FRANCIS W. LAWRENCE,
JOHN K. ROGERS,
CHAS. F. SPAULDING, OLIVER WHYTE, Selectmen of the Town of Brookline.
NORFOLK, SS.
BROOKLINE, June 9, 1883.
In 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 copies in three or more public places, 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 in the Town Hall in said town, on Thursday, the fourteenth day of June in the year of our Lord one thousand eight hundred and eighty-three, and were called to order at half-past 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 inhabi- tants.
First Article in the warrant taken up :
To choose a Moderator.
The meeting nominated and chose for Moderator, Rufus G. F. Candage.
Third Article taken up :
707
Special Meeting, June 14, 1883.
To see if the town will authorize the Water Board to remove the old wooden conduit connecting the eastern and western galleries at the pumping station, and substitute therefor an iron pipe, and make the neces- sary appropriation.
On motion of Mr. Oliver Whyte, chairman of the Water Board, it was -
Voted, That the Third Article be indefinitely postponed.
Fifth Article taken up :
To see if the town will make an additional appropriation of twenty-five hundred dollars for the purchasing of land and building of a schoolhouse on Walter avenue.
Voted, That the sum of twenty-five hundred dollars be appropriated for the purchasing of land and building a schoolhouse on Walter avenue, to be taken from any unex- pended balances in the treasury.
Second Article taken up :
To see if the town will accept and allow a town way in extension of Toxteth street, as laid out by the Selectmen.
The Selectmen presented the following report on the lay- ing out and location of a town way in extension of Toxteth street ; to wit, -
The undersigned, Selectmen of Brookline, having given printed and written notices to the Aspinwall Land Company and William F. Hum- phrey (being all the parties known to us to be interested in the subject matter of the street or town way to be laid out) of such intention to lay out a town way in extension of Toxteth street over land of the Aspinwall Land Company, in which it is proposed to construct a sewer, such notices requiring such persons to appear before us at the Town Hall on Monday, the twenty-eighth day of May, at four of the 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 given notice to them, and all other persons and corporations (if any) who may be interested in the subject matter of said way, whose names are not known to us, by posting up copies of the printed and written notice in three public places in town, at least seven days before the day appointed for the hearing :
Pursuant to such notice, we met at the time and place appointed for the hearing, and thence by adjournment to Tuesday, May 29, 1883, and thence by adjournment to Monday, June 4, 1883, and all parties and interests which had appeared having been heard in relation thereto, and the route of the proposed street or town way having been viewed by us, after fully considering the subject, do adjudge that it is necessary for the
1
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Brookline Town Records.
public convenience that a street or town way should be laid out and maintained by the town as hereinafter described by its centre line ; viz., -
Commencing at a point on the prolongation easterly of the tangent marking the centre line of that part of Aspinwall avenue between Perry street and Toxteth street, 23.00 feet distant from the stone monument at the easterly end of said tangent, and running southerly in a direction at right angles with said tangent by a course S. 15° 5' 0" W. 228.88 feet to the centre line of Brook street, thence S. 28º 14' 50" W. 288.70 feet to the northerly side of Linden place, taking land bounded and described as follows : - ;
From the Aspinwall Land Company, a parcel of land bounded north- erly by Aspinwall avenue, southerly by Brook street, westerly by the easterly line of land of William F. Humphrey, said line being 20 feet from the centre line of the street, and easterly by a line 20 feet from the cen- tre line containing 7270 square feet, more or less.
From the Aspinwall Land Company, another parcel of land bounded northerly by Brook street, southerly by Linden place, westerly by a line 20 feet from the centre line, and easterly by a line 20 feet from the centre line containing 10,760 square feet more or less.
The location of said street or way is in accordance with a plan and pro- file of the same dated May 29, 1883, made by A. H. French, civil engi- neer, 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 or town way, by sloping the banks on each side thereof on the adjoining land owned by said parties, respectively, as shown on said plan, except for a distance of about 80 feet on the line of William F. Humphrey's land, where a retain- ing wall is to be built by the town at such a point as he may select; 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 purposes 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 interests 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 the Aspinwall Land Company 18.030 square feet of land and the right to support the roadbed as aforesaid, as shown on said plan, and we award to said Company for the land and rights thus taken, the sum of $845.19.
We award William F. Humphrey, for the sight to support the roadbed, as aforesaid, as shown on said plan, the sum of $194.85.
And we have given the owners of the lands through which the 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
709
Special Meeting, June 14, 1883.
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 . $2,400 00
The land and other damages we estimate at . 1,040 04
The estimated cost of building the sewer in said street is 3,000 00
Total,
CHARLES H. DREW,
$6,440 04
FRANCIS W. LAWRENCE, JOHN K. ROGERS, C. F. SPAULDING, OLIVER WHYTE, Selectmen of the Town of Brookline.
Brookline, June 4th, 1883.
BROOKLINE, Mass., June 4th, 1883. - Filed in the office of the Town Clerk.
Attest : B. F. BAKER, Town Clerk.
Voted, To accept and allow said report and the laying out of said way.
Hon. William Aspinwall presented the following votes and moved their passage ; to wit, -
1. Voted, That the agreement of Edward I. Browne and William L. Kinsman, as trustees of the Aspinwall Land Company, dated June 12, 1883, in relation to the town way laid out by the Selectmen June 4, 1883, both reported to the town this 14th day of June, 1883, be, and hereby is, accepted and agreed to by the town, and the Town Clerk is hereby in- structed to record said agreement with said laying out.
2. Voted, That in conformity with said agreement dated June 12, 1883, - the agreement of said Browne and Kinsman as trustees of said company, dated June 4, 1883, and filed in the office of the Town Clerk, is hereby declared null and void.
3. Voted, That the agreement of William F. Humphrey, dated June 4, 1883, in relation to the town way laid out by the Selectmen June 4, 1883, filed in the office of the Town Clerk and reported to the town this 14th day of June, 1883, be, and hereby is, accepted and agreed to by the town, and the Town Clerk is hereby instructed to record said agreement with said laying out.
Mr. Alfred D. Chandler moved that the first motion be amended so that it might read in addition, " and recorded also in the registry of deeds at Dedham."
The amendment was very fully discussed and considered, and was then put upon its passage, when it was -
710
Brookline Town Records.
Voted, To reject the amendment.
The meeting then took up and passed the votes submitted as follows ; to wit, -
1. Voted, That the agreement of Edward I. Browne and William L. Kinsman, as trustees of the Aspinwall Land Com- pany, dated June 12, 1883, in relation to the town way laid out by the Selectmen June 4, 1883, both reported to the town this 14th day of Jnne, 1883, be, and hereby is, accepted and agreed to by the town, and the Town Clerk is hereby instruc- ted to record said agreement with said laying out.
2. Voted, That in conformity with said agreement dated June 12, 1883, the agreement of said Browne and Kinsman as trustees of said company, dated June 4, 1883, and filed in the office of the Town Clerk, is hereby declared null and void.
3. Voted, That the agreement of William F. Humphrey, dated June 4, 1883, in relation to the town way laid out by the Selectmen June 4, 1883, filed in the office of the Town Clerk and reported to the town this 14th day of June, 1883, be, and hereby is, accepted and agreed to by the town, and the Town Clerk is hereby instructed to record said agree- ment with said laying out.
The following are the agreements referred to in the pre- ceding votes in relation to said town way ; to wit, -
Whereas the Selectmen of the town of Brookline in the County of Norfolk and Commonwealth of Massachusetts, on the fourth day of June A.D. 1883, duly laid out a town way in said town, extending from Aspin- wall avenue to Linden place, as shown by the laying out with the boun- daries, measurements, and plans on file in the office of the Town Clerk of said town :
Now, therefore, we the undersigned, the trustees of the Aspinwall Land Company, in consideration of one dollar to us paid by the said town of Brookline, the receipt whereof is hereby acknowledged, and pro- vided that said laying out of said town way shall be accepted and allowed . by said town at a town meeting to be holden on or before July 1, 1883, do hereby covenant and agree with said town of Brookline that we will and do hereby waive all claim for land damages and damages occasioned by the laying out and construction of said town way, except such a sum as shall be equal to the sum of the amounts which may hereafter be assessed upon the lands of said trustees for betterments for the laying out and construction of said way, if any, and for sewer assessments for the sewer to be constructed in said town way, which sum of betterments and sewer
711
Special Meeting, June 14, 1883.
1
assessments is to be reimbursed of said trustees, when paid by them as and in full of said damages, it being understood and agreed by the parties to set off said damages against said betterments and assessments, and that the old drain in the said trustees' land from Aspinwall avenue to the sewer in Brook street shall cease to be used by the town, and the right, if any, of said town to drain in or through said land shall cease when a new sewer shall be laid from Aspinwall avenue to Brook street, and may be removed by the said trustees; also that the said town way shall be completed forty feet wide for public travel on before November 1, 1883.
And whereas said Selectmen have taken the right to support said town way by certain slopes on our lands, as shown by the plan on file with said location, it is agreed that the said trustees, their heirs and assigns may, at any time hereafter, build up to the line of said way on either side, they providing support for said way equivalent to said slopes.
It is understood and agreed that this instrument shall be filed in the office of the Town Clerk and reported to the town at the same town meet- ing at which the laying out of said town way shall be reported, and shall be accepted and agreed to by said town at said meeting, and shall be re- corded with said laying out.
It is understood and agreed that when this instrument shall have been accepted by the town as aforesaid the instrument executed by said trus- tees June 4, 1883, in relation to said damages, and accepted by the Select- men and filed in the office of the Town Clerk, shall become null and void.
Witness our hands and seals this twelfth day of June A.D. 1883.
EDWARD I. BROWN, [SEAL]
WILLIAM L. KINSMAN, [SEAL] Trustees of the Aspinwall Land Company.
At a regular meeting of the Directors of the Aspinwall Land Company, duly called and notified, and held in Boston this twelfth day of June, 1883, a quorum being present, the foregoing instrument having been read, considered, and approved by the directors, it was -
Voted, That Edward I. Brown and William L. Kinsman, the trustees · of this company, be, and they are hereby, required and directed to execute, acknowledge, and deliver the same.
A true copy from the records of Directors.
Attest : WM. L. CANDLER, Clerk.
COMMONWEALTH OF MASSACHUSETTS.
SUFFOLK, SS.
BOSTON, June 13, 1883.
Then personally appeared the above-named Edward I. Browne and William L. Kinsman, and acknowledged the foregoing instrument to be their free act and deed as trustees of the Aspinwall Land Company.
HENRY L. HALLET,
Justice of the Peace.
A true copy.
Attest : B. F. BAKER,
Town Clerk.
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Brookline Town Records.
Whereas the Selectmen of the town of Brookline in the County of Norfolk and Commonwealth of Massachusetts, on the fourth day of June A.D. 1883, duly laid out a town way in said town, extending from Aspin- wall avenue to Linden place, as shown by the the laying out with the boundaries, measurements, and plan on file in the office of the Town Clerk of said town :
Now, therefore, [I, the undersigned, William F. Humphrey, of said Brookline, in consideration of one dollar to me paid by the said town of Brookline, receipt whereof is hereby acknowledged, and provided, also, that said laying out of said town way shall be accepted by the said town at a town meeting to be holden on or before July 1, 1883, do hereby cove- nant and agree with said town of Brookline that I will, and I do hereby, waive all claims for land damages and damages occasioned by the lay- ing out and construction of said town way, except such a sum as shall be equal to the sum of the amounts which may hereafter be assessed upon my lands for betterments for the laying out and construction of said town way, if any, and for sewer assessments for the sewer to be constructed in said town way ; it being the intention to set off the damages against the assessments. W. F. H.
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