USA > Massachusetts > Norfolk County > Brookline > Town records of Brookline, Massachusetts, 1872-1884, v. 3 > Part 6
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Attest : B. F. BAKER, Town Clerk.
Voted, To accept and allow the foregoing report, and that the name be " Marion street."
Voted, To raise and appropriate the sum of seventeen thou- sand two hundred and seventy dollars for the construction of said way.
Fifth. The Selectmen of the town of Brookline, after giving legal notice to all persons and interests known to them of their intention to lay out as a town way the private way known as Vernon street, did, in pur- suance of said notice, meet at the Town Hall on Friday, the twenty-sixth day of April, 1872, at four o'clock in the afternoon, and proceeded to hear all parties and interests there represented that desired to be heard, and to view and examine said route, and again by adjournment to the twenti- eth day of November, 1872; and all parties and interests which had ap- peared having been heard and examined in relation thereto, they pro- ceeded to lay out said way in part as follows ; to wit, -
Commencing at a stone post on the easterly side of Beacon street and running S. 76° 58' 30" E., five hundred eight and thirteen one-hun- dredths (508.13) feet; thence curving to the left with a radius of five hundred and five feet to Marion street, the whole length of the curve being one hundred seventy-seven and twelve one-hundredths (177.12) feet, taking an equal width on each side of twenty-five feet of the above- described centre line. Also an additional strip on the southerly side, commencing at a point on the southerly boundary line of the above loca- tion at a point opposite the tangent, or at station marked on plan " 1227.12," and running S. 76° 58' 30" E., forty-nine and six one-hun- dredths (49.06) feet; thence curving to the right with a radius of two hundred feet, ninety-four feet, to the southerly line of Vernon street as now laid out.
And the Selectmen have considered and estimated the damages sus- tained by the proprietors of lands and property, rights and interests, caused by the laying out of said way, whether by taking property or injuring it in any manner, and have allowed by way of set-off the benefit, if any, to the property of said party in the premises, and do estimate and
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Brookline Town Records.
determine the awards to be paid to said parties, respectively, in sums as follows: -
To Joseph J. Perkins .
$75 00
Lewis Slack
50 00
Austin W. Benton
75 00
Deacon Thomas Griggs
100 00
Martin L. Hall
550 00
Frank Haven .
650 00
George A. Mudge
30 00
Rev. J. P. Hubbard
50 00
The location of said way is in accordance with a plan and profile of the same as drawn by George Tyler, civil engineer, dated January 28, 1873, and accepted and allowed by the Selectmen, and filed in the office of the Town Clerk the same day.
And the Selectmen have given the owners of the lands over which said way is laid out ninety days from the date of the acceptance of this report by the town, in which to remove structures, buildings, trees, walls, fences, and hedges standing on said lands.
And said way as so laid out, located, and described is hereby reported to the town for acceptance, and when so accepted, allowed, and recorded, is forever to be known as a town way.
And it is recommended that said way be named and called " Vernon street."
Brookline, Mass., January 28, 1873.
CHARLES D. HEAD,
HORACE JAMES,
WILLIAM ASPINWALL,
JAMES W. EDGERLY, CHARLES K. KIRBY, Selectmen of the Town of Brookline.
BROOKLINE, Mass., January 28, 1873. - Received and entered in the office of the Town Clerk.
Attest : B. F. BAKER, Town Clerk.
Voted, To accept and allow the foregoing report.
Voted, That said street be called " Marion street."
Voted, To raise and appropriate the sum of four thousand six hundred and fifty-three dollars for the construction of said way.
Sixth. The Selectmen of the town of Brookline, after giving legal notice to all persons and interests of their intention to change the loca- tion of the easterly end of Harvard avenue near its junction with Harvard street, for the better construction of said avenue and the reduction of damages to the estates of the abutters on that part of said avenue, did. in pursuance of said notice, meet at their office in the Town Hall on Mon- day, the eleventh day of December, 1871, at half-past seven of the clock
63
Special Meeting, February 6, 1873.
in the evening, said Selectmen having previously examined the route of the proposed change, and proceeded to hear all parties and interests there represented and desiring to be heard, and again by adjournment from time to time until the twenty-eighth day of January, 1873, and all persons and interests known to the Selectmen having been heard and examined, they proceeded to lay out and alter said way as follows; to wit, -
Commencing on the westerly side of Harvard street at a stone post in front of the house now occupied by Dr. W . B. Trull, and curving right with a radius of 20 feet, 27.95 feet; thence S. 62º 51' W., 75.04 feet ; thence curving right with a radius of 224 feet, 112.3 feet; thence N. 88º 25' W., 322.05 feet ; thence curving right with a radius of 178 feet, 115.06 feet ; thence N. 50° 24' W., 457 feet; thence curving right with a radius of 30 feet, 34.27 feet, to the easterly side of Park street; then turning and running southerly on the easterly line of Park street about 86 feet, to a stone post in the line of the front fence of Martin L. Hall; thence turning and curving right in a north direction with a radius of 25 feet, 39.12 feet; thence south 50° 24' E., 438.19 feet ; thence curving left with a radius of 218 feet, 144.65 feet ; thence S. 88º 25' E., 322.04 feet ; thence curving left with a radius of 264 feet, 132.36 feet ; thence N. 62° 51' E., 88.85 feet ; thence curving right with a radius of 20 feet, 25.58 feet, to the wes- terly side of Harvard street; thence turning north and running on the westerly side of said Harvard street to the point of beginning: making said avenue of the full and equal width of forty feet throughout its entire length, measuring across the same at right angles from either of the de- scribed lines, except at its junctions with Harvard and Park streets, where it is made wider by reason of the rounding off of the corners of said avenue as above described.
And so much of the said way called Harvard avenue, laid out by the Selectmen and accepted by the town on the eighteenth day of September, 1871, as by the present laying out falls without the limits of the way as herein described, is hereby discontinued.
The location of said way is in accordance with a plan and profile of > the same as drawn by George Tyler, civil engineer, dated January 28, 1873, and accepted and allowed by the Selectmen, and filed in the office of the Town Clerk on the same day.
There being no buildings, structures, trees, walls, fences, and hedges standing on said way, no time will be given for their removal.
And said way, as so laid out and located, is hereby reported to the town for acceptance, and when so accepted, allowed and recorded, is to be known as a public town way.
Brookline, Mass., January 28, 1873.
CHARLES D. HEAD, HORACE JAMES, WILLIAM ASPINWALL, JAMES W. EDGERLY, CHARLES K. KIRBY, Selectmen of the Town of Brookline.
BROOKLINE, Mass., January 28, 1873. - Received and entered in the office of the Town Clerk.
Attest : B. F. BAKER, Town Clerk.
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Brookline Town Records.
Voted, To accept and allow the foregoing report. Voted, That the report on the seventh item be rejected, on account of the law applying to the crossing of railroads not having been complied with.
Sixth Article taken up :
To accept and allow the action of the Selectmen in erecting and main- taining a dam with a tide-gate therein, across Muddy river, as authorized by Chapter 267 of the Acts of 1872.
The Selectmen presented the following report : -
The Selectmen of the town of Brookline, at a meeting of the board holden on the twenty-fifth day of June A.D. 1872, gave the following notice and passed the following order ; to wit, -
IN BOARD OF SELECTMEN, BROOKLINE, June 25, 1872.
The Selectmen of Brookline hereby give notice that they intend to erect a dam with a tide-gate therein across Muddy river at its intersection with Brookline avenue in Boston near the street now or formerly called Apple- ton place, for the purpose of preventing the tide from flowing up said river, in pursuance of the provisions of the Act entitled " An Act to change the boundary between Brookline and Boston, and for sanitary purposes," being Chapter 267 of the Acts of the year 1872, notice having been given to the city of Boston more than thirty days before the date of this notice to unite with the town of Brookline in erecting said dam and tide-gate, and said city of Boston having refused to unite with the town of Brookline as aforesaid.
And the Selectmen aforesaid will meet at the Town Hall in Brookline, on Tuesday, the ninth day of July, 1872, at four o'clock in the afternoon, for the purpose of hearing all persons and corporations interested, view- ing the premises, and deciding upon the erection of said dam and tide- gate, and doing all other acts necessary in the premises.
And it is ordered that notice of said intention be given to all persons and corporations interested, in the same manner as is provided in the lay- ing out of town ways, and by leaving a copy of said notice and this order with the Board of Harbor Commissioners, the clerk of the city of Boston, and with the mayor or one of the aldermen of said city, and with the clerk or other officer of each of the following-named corporations : the Boston & Albany Railroad Company, the Boston & Albany Mill Cor- poration, and the Boston Water Power Company, and by publishing a like copy in the " Brookline Transcript " and in the " Boston Daily Ad- vertiser," such service and publication to be made not less than seven days before said ninth day of July, 1872.
CHARLES D. HEAD, HORACE JAMES, WILLIAM ASPINWALL, JAMES W. EDGERLY, CHARLES K. KIRBY, Selectmen of Brookline.
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Special Meeting, February 6, 1873.
And in pursuance of the foregoing order, notice was given to the per- sons or corporations hereinafter named, by leaving an original of said notice of intention and the order thereon, or an attested copy thereof, at the usual place of abode either in Brookline or Boston of the owners of the land upon or over which said dam is proposed to be erected, or by delivering the same to such owner or person, or to his tenant or author- ized agent, being all the owners of lands residing in said town or city, or their tenants or authorized agents therein, known as such to the Select- men. Said notice was given by Benjamin F. Baker, Town Clerk, by order of the Selectmen, as appears by his return duly made and sworn to :
William Gaston, mayor of Boston ; Samuel F. McCleary, city clerk of Boston; D. Waldo Lincoln, vice-president of the Boston & Albany Rail- road Company ; Ignatius Sargent, assistant treasurer of said company ; James S. Whitney, president of the Boston Water Power Company, and James R. Farley, clerk of said company; Josiah Quincy, chairman of the Board of Harbor Commissioners; Charles H. Parker, president, and William S. Whitwell, clerk, of the Boston & Roxbury Mill Corpora- tion ; Benjamin Sewall, of Sewall, Day & Company ; George A. Simmons, Francis J. Ward, Catherine McElroy, Abraham Folsom, heirs of William Shimmin, R. A. Ballou, John A. Barbour and others, Thomas Wiggles- worth, heirs of Ebenezer Francis, Robert M. Mason, trustee; John W. Chandler, president of the Brookline Land Company; Charles A. Welch, guardian ; John W. Candler, Henry P. Binney, J. Dixwell Thompson, agent of William Thompson and others; heirs of Isaac Davis, Nathaniel Silsbee, treasurer of Harvard University; George B. Faunce, Edwin Lamson, George W. Warren and others, David Sears, Amos A. Lawrence, John W. Steers, Pierrepont Edwards, Lyman J. Clark, Jacob Edwards; W. R. Storms, tenant of S. W. Clifford; D. B. Saunders, heirs of David Sears, William W. Palmer, John Briggs, Isaac Taylor, House of the Good Shepherd, James Beatty, Catherine D. Hancock, Thomas McMahon, Pat- rick Murray, Thomas Burke, Patrick Noonan, Patrick Noonan, Jr., Ber- nard Lyons, Patrick Meany, Thomas Finneran, William Finneran, Otis H. Weed, Stillman B. Allen, Joseph Nickerson, Sylvester Kimball, Bridget McMahon, Michael Mahoney, John Dillon, Michael Honan, Thomas Wal- dron, Margaret Roach, Hugh Murray, James Hanlon and his wife, Thomas Aspinwall, William Aspinwall, Jonathan F. Barrett and William I. Bow- ditch, trustees under the will of Augustus Aspinwall; Charles Stearns, heirs of Marshall Stearns, William Stearns, George Brooks, William As- pinwall and others, Daniel H. Rogers, trustee; heirs of Robert S. Davis, J. L. Merguire, D. N. Skillings & Company, William A. Crafts, heirs of Ebenezer Crafts, Daniel P. Noyes, Edward W. E. Thompson and his wife, and the owners of all other lands, having no place of abode either in Brook- line or Boston, and no tenant, or authorized agent therein known to the Selectmen, or if, being resident in said town or city, not being known as such to the Selectmen.
Copies of said notice and order thereon were posted in the following public places ; to wit, The Post Office in Boston, the corner of the street formerly called Appleton place, now called Maple avenue, and both sides of the bridge across Muddy river, part of Brookline avenue in Boston, at the Brookline, Longwood, and Chapel railroad stations in Brookline,
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Brookline Town Records.
and at the corner of Kent street and Longwood avenue in Brookline, and at the end of the Longwood bridge in Brookline, and were published in the " Brookline Transcript," a newspaper printed in Brookline, and in the " Boston Daily Advertiser," a newspaper printed in Boston ; said service, posting, and advertising being seven days at least before said ninth day of July A.D. 1872.
And said Selectmen met at the Town Hall in Brookline on Tuesday, the ninth day of July, 1872, at four o'clock in the afternoon, and heard all persons and corporations who were present and wished to be heard, and viewed the premises. And said Selectmen decided to erect and maintain a dam with a tide-gate therein, across said Muddy river at its intersection with Brookline avenue in Boston, near the street now or formerly called Appleton place, now called Maple avenue, for the pur- pose of preventing the tide from flowing up said river, according to the boundaries and admeasurements hereafter given; to wit, -
Commencing at a point on the northwesterly side of Brookline avenue in the city of Boston, two hundred and twenty (220) feet northeasterly from the northeasterly line of Maple avenue, formerly called Appleton place, and running southeasterly ten (10) feet; thence northeasterly one hundred and fifteen (115) feet, and parallel to the side of said avenue, and within the limits of said avenue; thence northwesterly ten (10) feet; thence southwesterly forty-eight (48) feet; thence northwesterly ten (10) feet; thence southwesterly fourteen (14) feet; thence south- easterly ten (10) feet; thence southwesterly fifty-three (53) feet, to the place of beginning : containing, by estimation, twelve hundred and ninety square feet. Said dam and the tide-gate therein are accurately described in a plan made by George Tyler, civil engineer, entitled "Tide-gates in Brookline avenue."
The city of Boston consented to the erection of said dam and tide-gates within the limits of Brookline avenue.
And the Selectmen considered and estimated the damages sustained in the premises, having regard to all the damages done to any party, whether by taking his property or injuring it in any manner, and having allowed by way of set-off the benefit, if any, to the property of such party; and finding that no damage was done to any party, but that a great benefit was conferred upon all, did award no damages to any party.
And the Selectmen gave the owners of the land upon which said dam and tide-gate are to be erected, seven days from the time when this report shall have been accepted and allowed by the town of Brookline, for the removal of all such things from said land as the law allows to be re- moved.
And the Selectmen hereby report their doings in the premises to the inhabitants of the town of Brookline, to be accepted and allowed by them at some public meeting thereof, regularly warned and notified therefor.
Brookline, January 28, 1873.
CHARLES D. HEAD, HORACE JAMES, WILLIAM ASPINWALL, CHARLES K. KIRBY, .
Selectmen of Brookline.
67
Special Meeting, February 6, 1873.
Filed in the Town Clerk's office, January 30, 1873.
Attest : B. F. BAKER, Town Clerk.
Voted, That the report of the Selectmen in erecting a dam with a tide-gate therein across Muddy river, as authorized by Chapter 267 of the Acts passed in the year 1872, be and hereby is accepted and allowed, and that said dam and tide- gate be hereafter maintained by the town.
Seventh Article taken up :
To see what action the town will take upon the order of the County Commissioners to locate anew and widen Washington street.
Voted, That forty-nine thousand dollars be appropriated for the payment of damages caused by the relocation of Washington street, and for the construction of so much of said street as lies between Park street and the Brighton town line, which the County Commissioners direct to be built within one year from January 1, 1873.
Eighth Article taken up :
To act upon the subject of a by-law authorizing the Selectmen to make regulations for the police.
Voted, That the town adopt the following by-law : -
Sect. 1. The Board of Selectmen may make from time to time such rules and regulations for the government, disposition, and management of the police as they may deem expedient.
Ninth Article taken up :
To act upon the subject of a by-law in relation to the care and driv- ing of horses and other draught cattle and vehicles in the public streets.
Voted, That the town adopt the following by-law : -
Sect. 1. All drivers and other persons having the care and ordering of any carriage, truck, cart, wagon, sleigh, sled, dray, or other vehicle passing in or through the public ways of the town, shall hold the reins in their hands so as to guide or restrain the horses or beasts attached to such a vehicle, or they shall walk by the head of the shaft or wheel horse or beast either holding or keeping within reach of the bridle, hal- ter or yoke of the horses or other beasts.
Sect. 2. No person shall drive or have the care of more than one vehicle in the public ways of the town, and every vehicle with a horse or horses or other beasts harnessed thereto shall be under the care of some competent person.
.
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Brookline Town Records.
Sect. 3. Any person offending against either of the provisions of this by-law shall be liable to a fine of not more than ten dollars for cach offenee.
Referred to the Selectmen to get approved by the Court.
(March 21, 1874. - Approved by Francis H. Dewey, Justice Superior Court. )
Tenth Article taken up :
To act upon the subject of a by-law giving the Selectmen authority in relation to claims, suits, and proceedings by, against, or affecting the town.
Voted, That the Tenth Article be laid on the table.
Eleventh Article taken up :
To see what action the town will take upon the following subjects ; to wit, - First, the suit brought by Marcus B. McCarty against the town. Second, the suit brought by Marshall Russell against the town. Third, the claim of Philip Duffey for grade damages.
Fourth, the claim of Nicholas Watson for damages by sewer.
Fifth, the suit of the trustees of the Boston University against the town.
First, the suit of Marcus B. McCarty.
Voted, That the subject be referred to the Selectmen to ascertain what can be done to settle with Mr. McCarty, and report at the March meeting.
Second, the suit of Marshall Russell.
Voted, To refer the subject to the Selectmen to settle with Mr. Russell or otherwise as they may determine.
Third and fourth, the claims of Philip Duffey and Nicholas Watson.
Voted, That the subject be referred back to the Selectmen, to be settled by referees, one to be chosen by the Selectmen and one by the other parties, they two to choose a third, and their decision to be final.
Fifth, suit of the trustees of the Boston University.
Voted, That if the suit is pressed the subject be referred to the Selectmen with full powers.
Twelfth Article taken up :
To act upon the subject of supplying the town with pure water from Charles river, under Chapter 343 of the Acts of 1872.
69
Special Meeting, February 6, 1873.
The Committee on Water Supply presented and read a re- port on the subject of supplying the town with water, which was examined in part, when, on motion, it was -
Voted, That the report of the Joint Committee on Water Supply be recommitted to that committee, with instructions to cause the same to be printed and distributed among the inhabitants of the town, with such other information as they consider valuable, including the probable number of water- takers, and that they report at an adjourned meeting to be held on Thursday, the twenty-seventh instant, at three o'clock in the afternoon.
Thirteenth Article taken up :
To see if the town will establish a hospital for persons having a dis- ease dangerous to the public health, or approve and confirm the action of the Selectmen as a Board of Health in providing a hospital for persons sick with the smallpox.
Voted, That the acts of the Selectmen, as the Board of Health, in causing the inhabitants to be revaccinated, and in establishing a smallpox hospital, be approved and confirmed.
Voted, That the sum of six thousand dollars be raised and appropriated for the use of the Selectmen as a Board of Health for the before-mentioned purposes.
Fourteenth Article taken up :
To see if the town will purchase and equip one or more steam fire- engines for the use of the town.
Voted, That a committee of three be appointed by the chair to purchase and equip two steam fire-engines.
The chair appointed the following gentlemen to constitute said committee; viz., A. Kenrick, Jr., J. T. Waterman, Charles D. Head.
Fifteenth Article taken up :
To see if the town will vote to build three reservoirs in addition to the two voted to be built at the last annual meeting.
Voted, That the Selectmen build three reservoirs in addi- tion to the two voted to be built at the last annual meeting.
Sixteenth Article taken up :
To see what action the town will take in providing a building for a police station.
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Brookline Town Records.
Laid on the table.
On motion of Charles D. Head, it was -
Voted, That the amounts appropriated at this meeting be paid from any moneys now in the treasury not otherwise ap- propriated, and that the balance beyond such moneys be bor- rowed by the treasurer, giving the note or notes of the town therefor, signed by the Treasurer and countersigned by the Selectmen, in such sums and at such times as may be called for by said Selectmen.
Adjourned, to meet three weeks from this afternoon, at three o'clock, in the Town Hall (new one if ready ).
Adjourned.
Attest : B. F. BAKER, Town Clerk.
ADJOURNED SPECIAL MEETING, FEBRUARY 27, 1873.
Pursuant to adjournment, the inhabitants of the town of Brookline, qualified to vote in elections, met at the Town Hall in said town on Thursday, the twenty-seventh day of Febru- ary in the year of our Lord one thousand eight hundred and seventy-three, and were called to order at three of the clock in the afternoon by the Moderator, William I. Bowditch, in the chair.
The Joint Committee on Water Supply, to whom was re- committed the report made by said committee on the sixth day of February instant, with instructions to cause the same to be printed and distributed among the inhabitants of the town, together with such other information as they may deem valuable, including the probable number of water-takers, pre- sented their report, which had been printed and distributed in conformity with the instructions of the town.
Voted, To accept the report of the Joint Committee on Water Supply.
On motion of George M. Towle, it was unanimously -
Voted, That the thanks of the inhabitants of the town of
Adjourned Special Meeting, February 27, 1873. 71
Brookline be presented to the Honorable Robert C. Winthrop for the able, learned, and eloquent address delivered by him , on the occasion of dedicating the new Town Hall, and that the Selectmen of the town communicate this vote to him, and request of him a copy of his address for publication.
Voted, That William Aspinwall, William A. Wellman, and Charles D. Head be a committee to compile and print the proceedings, speeches, and inaugural address of the Honorable Robert C. Winthrop at the dedication of the Town Hall on the twenty-second day of February, 1873, with such other matter as they may deem advisable.
The Twelfth Article was then taken up :
To act upon the subject of supplying the town with pure water from Charles river, under Chapter 343 of the Acts of 1872.
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