USA > Massachusetts > Norfolk County > Brookline > Town records of Brookline, Massachusetts, 1872-1884, v. 3 > Part 9
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REPORT.
They find that, at the annual town meetings in 1871 and 1872, the town has passed the following vote : -
"Voted, That in case any party aggrieved in the assessment of damages caused by the laying out of any town way, if the party so aggrieved shall appeal to a jury, the Selectmen may hear such party, and increase said damages if they shall deem it for the interests of the town so to do :
"Provided, the party so aggrieved shall first agree to abide by the de- cision of the Selectmen."
So far the result appears to have been satisfactory, and the committee recommend that the town continue to confer the same power on the Selectmen annually, so long as its results as being effective in the eco- nomical settlement of claims against the town justify this course; but they are of opinion that it would be premature to put the vote in the form of a by-law until further trial has confirmed its permanent expediency.
Respectfully submitted.
H. STOCKTON, GEO. M. TOWLE, MOSES WILLIAMS, Jr., Committee.
Voted, To accept the report of the committee.
Voted, That in case any party aggrieved in the assessment of damages caused by the laying out of any town way, if the party so aggrieved shall appeal to a jury, the Selectmen may hear such parties, and increase said damages if they shall deem it for the interest of the town so to do, provided the party so aggrieved shall first agree to abide by the decision of the Selectmen.
The committee to whom was referred the subject of the Eleventh Article, in relation to rules or by-laws for the con- duct of town meetings, asked further time.
Voted, To grant further time to the Committee on the Eleventh Article.
·
97
Adjourned Annual Meeting, April 14, 1873.
Voted, That the Selectmen be requested to appoint certain hours in which the Town Treasurer and the Town Clerk can be daily found in their offices for the purpose of attending to the business of the town.
Voted, To take up the Sixteenth Article, relating to appro- priations.
Voted, That the sum of six thousand dollars be added to the appropriation for streets, and that the attention of the Selectmen and Town Engineer be called to the part of Boyl- ston street west of the summit of Bradley's Hill, and its need of reconstruction.
Voted, That the sum of three thousand five hundred dol- lars be added to the appropriation for the Fire Department.
Voted, That the sum of two thousand five hundred dollars be raised and appropriated for the care and expenses of the new Town Hall.
Voted, That the Treasurer be authorized to borrow for the town, in anticipation of the receipt of taxes, such sums and at such times as the Selectmen may direct, to meet appropria- tions for current town expenses.
Voted, That when the town has voted, or shall hereafter vote, to borrow money for town purposes, the securities to be given therefor shall be issued in the name of the town, shall be signed by the Treasurer and countersigned by a majority at least of the Selectmen, and sealed with the seal of the town; but when coupon bonds are issued the coupons shall be signed by the Treasurer alone, and the Treasurer is author- ized to negotiate the same upon such terms and conditions as may be approved in writing by a majority at least of the Selectmen at a meeting of the board, which approval shall be entered in the records of the board, and the amounts and purposes of such loans shall be entered in the order of their date, in a book to be kept for that purpose, under the direc- tion of the Selectmen, and when such loans shall be paid off, such payment shall be entered in the same book.
Voted, That the various appropriations made by the town, including those for the purpose of making and repairing high- ways and town ways, be assessed, after deducting the amount
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Brookline Town Records.
in the treasury and the probable receipts for the coming year, amounting to the sum of forty thousand dollars, upon the polls and estates, real and personal, of the inhabitants resi- dent and non-resident of the town, and collected as the town rates are usually charged and collected.
Voted, That the report on the rules, regulations, and ordi- nances for the government of the Water Commissioners, which was presented by the committee appointed for that purpose, and read and accepted at the meeting held on the thirty-first day of March, 1873, be now taken up.
Voted, That the report be considered section by section.
The first section of the report was then read by the Mod- erator.
A motion to strike out the first section was lost by a vote of ninety-nine in the affirmative to one hundred and sixteen in the negative.
Moved by Mr. Carnes, that the vote to take up article by article be reconsidered, and the report be taken up in full.
The time having arrived (seven o'clock) set by vote of the meeting held on the first instant, the Moderator announced the business before the meeting to be to vote by ballot "yes " or " no " on the following motion : -
Voted, That there be appropriated four hundred thousand dollars to supply the town with water, under the Act entitled " An Act to authorize the town of Brookline to take water from Charles river," to be raised in accordance with the votes of the town.
The polls were then opened, and were kept open until nine o'clock for the reception of votes, when, by vote of the meeting, they were kept open until ten minutes past nine o'clock, when, after due notice by the Moderator that the polls were about to be closed, and an opportunity being given to any one present who had not voted, so to do, they were de- clared closed.
The Moderator and Town Clerk then proceeded to sort and count the votes so given in, and the whole number so given in was seven hundred and sixty-four as follows ; to wit, -
" Yeas," three hundred and forty-three.
" Noes," four hundred and twenty-one.
99
Special Meeting, May 1, 1873.
The Moderator then declared the measure decided in the negative.
In voting, the check list was used, and no person was al- lowed to vote until his name was found on the list and checked.
The motion to reconsider the vote to take up the report section by section and consider it in full was then taken up.
Voted, To reconsider the vote to take up the report of the Committee on Rules, Regulations, and Ordinances section by section, and that the report be considered in full.
A motion to indefinitely postpone the report was lost by a vote of one hundred and sixty-one in the affirmative to one hundred and sixty-seven in the negative.
Voted, unanimously, That the thanks of the meeting be ten- dered to Charles H. Drew, Esq., the Moderator, for the able and judicious manner in which he has presided over its pro- ceedings.
Adjourned.
Attest : B. F. BAKER, Town Clerk.
SPECIAL MEETING, MAY 1, 1873.
SEAL SEAL -
SEAL
SEAL
WARRANT.
SEAL
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 Thursday, the first day of May next, at four of the clock in the afternoon, for the fol- lowing purposes ; to wit, -
First. To choose a Moderator.
Second. To hear and act upon the reports of any town officers or com- mittees ready to report.
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Brookline Town Records.
Third. To see if the town will order a further investigation to be made with a view to obtaining a supply of pure water for the use of the town, either by the appointment of a committee for that purpose, or by the selection of an engineer, or by both methods, upon the petition of Edward Atkinson and others.
Fourth. To see if the town will apply to the General Court for any further powers in relation to supplying the town with water.
Fifth. To see if the town will authorize the construction of three or more reservoirs, and make an appropriation therefor.
Sixth. To see if the town will authorize the Selectmen to make any different arrangements about the expense of making and grading side- walks.
Seventh. To see what action the town will take in reference to pur- chasing land on which to erect a stable.
Eighth. To raise and appropriate money to defray the expense of any or all the foregoing articles.
Hereof fail not, and make due return of this warrant, with your doings thereon, to the Selectmen, four days at least be- fore the day of said meeting.
Given under our hands and seals at Brookline aforesaid, this
twenty-first day of April in the year of our Lord one thou- sand eight hundred and seventy-three.
CHARLES D. HEAD, CHARLES K. KIRBY, HORACE JAMES, JAMES W. EDGERLY, DANIEL D. BRODHEAD,
Selectmen of the Town of Brookline.
NORFOLK, SS. BROOKLINE, April 26, 1873.
In pursuance of the within warrant, I have notified and warned the inhabitants of the town of Brookline to meet at the time and place and for the purposes within named, by leaving a printed copy of the same at their usual place of abode four days at least before the day of said meet- ing.
J. P. SANBORN,
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 first day of May in the year of our Lord one thousand eight hundred and seventy-three, and were called to order at four of the clock in the afternoon by the Town Clerk, who proceeded to read
.
101
Special Meeting, May 1, 1873.
the warrant calling said meeting, and the return of the officer thereon who notified the same, and presided during the choice · of a Moderator.
The First Article taken :
To choose a Moderator.
Voted, To choose a Moderator by nomination.
The meeting then nominated and chose for Moderator, Charles H. Drew, and he took the chair.
The Second Article taken up :
To hear and act upon the reports of any town officers or committees ready to report.
The School Committee presented the following report : -
BROOKLINE, May 1, 1873.
The School Committee, to which was referred the matter of the re- moval of the Longwood school from its old to a new site, etc., beg leave to present to the town the following
REPORT.
The above committee have investigated the following particulars; viz., -
1. What portion of the present site of the Longwood school has the town the authority to sell ?
2. Will the removal of said school invalidate the title to the remaining portion of the lot, and will the fact of the disuse of the schoolhouse on that lot forfeit the town's title to a portion of the land?
3. What will it cost to remove the present school building to the loca- tion recommended by the joint committee from the Board of Selectmen and School Committee?
4. What will it cost to build a portion (wing or main building) of a new schoolhouse on the new site, for the purpose of relieving the crowded condition of the Harvard school?
5. What sum will be needed to purchase land near the location recom- mended ?
And with the following result; viz., -
1. The town has the power of selling only one third of the Longwood- school lot (say about 9000 feet at 50 cents, $4500, more or less).
2. The removal or disuse of the schoolhouse will, in the opinion of the committee, invalidate the title to the remaining portion of the land. In this connection it may be stated that the town has actually paid only $380.60 for the remaining two thirds, over which the town has no power of sale or rights other than for a public school, whilst it has paid $901.90 for the land, over which it has the power of sale.
3. As near as can be ascertained, it will cost about $3000 to remove the present Longwood-school building to the lot recommended by the joint committee.
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Brookline Town Records.
4. It will, in the estimation of your School Committee, cost about fifteen thousand dollars to build a schoolhouse that will accommodate the present Longwood school, and that will relieve the Harvard and Pierce Primary schools of their surplus pupils.
5. According to the investigations of your committee, and as near as can be ascertained from the trustees, who have the power to sell a lot of land near the location recommended by the joint committee, it will cost the town about twenty thousand dollars ($20.000) to purchase a suitable lot.
The School Committee, for the above considerations, recommend to the town to pass the following votes.
R. G. F. CANDAGE (Chairman), ROBERT AMORY, CHARLES H. DREW, J. ELIOT CABOT, WM. W. NEWTON, School Committee.
Voted, To accept the foregoing report.
After considerable discussion upon the subject, the meeting passed the following votes ; to wit, -
Voted, That the School Committee be authorized to pur- chase a lot of land (not less than an acre) in the vicinity of Kent and Francis streets, and that ($20,000) twenty thou- sand dollars be appropriated for that purpose and expended under the direction of the Selectmen and School Committee.
Voted, That the School Committee be authorized to make contracts under sealed proposals, for the removal of the Longwood schoolhouse, if in the judgment of the School Committee it is fit to do so after the completion of the new schoolhouse now contemplated.
Voted, That the School Committee be instructed to pur- chase the lot of land near Kent and Francis streets, free from incumbrances or restrictions extending beyond the year 1880.
Voted, That the School Committee be requested to furnish plans and estimates for a schoolhouse, and report to the town. On motion of Edward Atkinson, -
Resolved, That in the judgment of the town, it would be wise for the School Committee to consider the expediency of securing land for school purposes in the south and west parts of the town without further delay, or in such other places, whether north or east, as they find the need of new schools may soon come.
103
Special Meeting, May 1, 1873.
Mr. Charles D. Head, for the Selectmen, moved to recon- sider the vote passed April 1, appropriating three hundred and fifty dollars for a fireman's parade, as in their opinion the taxing of that sum on the town is illegal.
Voted, That the vote passed April 1, 1873, appropriating three hundred and fifty dollars for a fireman's parade, be and hereby is reconsidered.
Third Article taken up :
To see if the town will order a further investigation to be made with a view of obtaining a supply of pure water for the use of the town, either by the appointment of a committee for that purpose, or by the selection of an engineer, or by both methods, upon the petition of Edward Atkinson and others. *
Upon the foregoing Article, the meeting passed the fol- lowing resolutions ; to wit, -
Resolved, That a committee of seven be now appointed to consider the question of obtaining a supply of pure water for the use of the town; what measures, if any, need to be adopted to carry off the waste of such supply ; the method and cost of the introduction and distribution, and the number of households that will take a share of such supply when ob- tained.
Resolved, That Messrs. James M. Codman, Augustine Shurtleff, Henry V. Poor, Charles H. Stearns, Franklin Darracott, John C. Abbott, and S. Dana Hayes constitute said committee, and that said committee have power to fill vacancies.
Resolved, That said committee be authorized to employ an engineer and such assistants as may be required for carrying out the purposes of the above votes, and that the sum of five thousand dollars be appropriated for the use of said com- mitteee.
Resolved, That the Treasurer be authorized to borrow said sum, or so much of it as may be required by the committee, on one year's time.
Fourth Article taken up :
To see if the town will apply to the General Court for any further powers in relation to supplying the town with water.
-
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Brookline Town Records.
Voted, That the committee chosen to consider the subject of a supply of pure water for the use of the town, be directed to apply to the General Court at its present session in behalf of the town, for any further powers which may be requisite for supplying the town with water from sources within its own limits.
Fifth Article taken up :
To see if the town will authorize the construction of three or more reservoirs, and make an appropriation therefor.
Voted, That the Selectmen be requested to have five reser- voirs constructed in different parts of the town.
+ Voted, To raise and appropriate the sum of seven thousand five hundred dollars ($7500), or such part thereof as may be required to make said reservoirs.
Sixth Article taken up :
To see if the town will authorize the Selectmen to make any different arrangements about the expense of making and grading sidewalks.
Voted, That it is inexpedient in future for the Selectmen to assess any part of the expense of making and grading sidewalks upon the abutters, except in cases where the abutters are more interested than the public in having a side- walk.
Seventh Article taken up :
To see what action the town will take in reference to purchasing land on which to erect a stable.
Voted, That the Selectmen be authorized to purchase lands for a stable and yard for the accommodation of the Highway Department.
Voted, That the sum of ten thousand dollars be raised and appropriated for that purpose.
Eighth Article taken up :
To raise and appropriate money to defray the expenses of any or all of the foregoing articles.
Voted, That the Treasurer of the town be authorized to borrow the amounts of money appropriated at this meeting, or such portion as may be required, giving the note or notes of the town therefor, countersigned by the Selectmen, in
105
Special Meeting, July 24, 1873.
such sums and at such times as may be required by said Selectmen.
Adjourned.
Attest : B. F. BAKER,
Town Clerk.
SPECIAL MEETING, JULY 24, 1873.
SEAL SEAL
SEAL
SAAL
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 Thursday, the twenty-fourth day of July instant, at four of the clock in the afternoon, for the following purposes ; to wit, -
First. To choose a Moderator.
Second. To see if the town will authorize the Selectmen to select and lay out as a schoolhouse lot the lot designated by the School Committee on Francis street, as a suitable place for the erection of a schoolhouse, under the provisions of General Statutes, Chapter 38, Section 38.
Third. To see what action the town will take in relation to altera- tions and repairs of schoolhouses.
Fourth. To see if the town will accept and allow a new town way, leading from Francis street to Brighton avenue, as laid out and located by the Selectmen.
Fifth. To see if the town will purchase the lot of land on Sewall street, adjoining the lot bought for the town stable.
Sixth. To see if the town will make additional appropriations for sidewalks, sewers, lamp posts, and watering streets.
Seventh. To hear and act on reports from any committee that may be presented.
Eighth. To raise and appropriate money for any or all of the forego- ing articles.
Hereof fail not, and make due return of this warrant, with
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Brookline Town Records.
your doings thereon, to the Selectmen, four days at least be- fore the day of said meeting.
Given under our hands and seals at Brookline aforesaid this seventeenth day of July in the year of our Lord one thou- sand eight hundred and seventy-three.
CHARLES D. HEAD, CHARLES K. KIRBY, HORACE JAMES, JAMES W. EDGERLY, Selectmen of the Town of Brookline.
NORFOLK, SS. BROOKLINE, July 19, 1873.
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 leav- ing a printed copy of the same at their last and usual place of abode, four days at least before the day of said meeting.
J. P. SANBORN, 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 twenty-fourth day of July in the year of our Lord one thousand eight hun- dred and seventy-three, and were called to order at four of the clock in the afternoon by the Town Clerk, who read the war- rant calling said meeting, and the return thereon of the officer who served the notices.
First Article taken up :
To choose a Moderator.
The meeting nominated and chose for Moderator, Charles H. Drew, and he took the chair.
Voted, To lay the Second and Third Articles on the table. Fourth Article taken up :
To see if the town will accept and allow a town way leading from Francis street to Brighton avenue, as laid out and located by the Select- men.
The Selectmen presented the following report on the lay- ing out of said way ; to wit, -
107
Special Meeting, July 24, 1873.
The Selectmen of the town of Brookline, after giving legal notice to all persons, interests, and corporations known to them of their intention to lay out a town way in whole or in part from Aspinwall avenue to Brighton avenue in extension of St. Paul street, and to widen St. Paul street, did, in pursuance of said notice, meet at the Town Hall on Thurs- day, the nineteenth day of June, 1873, 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 fourteenth day of July, 1873 ; and all parties and in- terests which had appeared having been heard and examined in relation thereto, they proceeded to lay out and locate said way as follows, described by the centre line of said way ; to wit, --
Commencing at a point on the northerly side of Francis street, twenty- five and twenty-five hundredths feet east of the corner of St. Paul street and said Francis street, and running N. 14º 33' 40" E., 220.13 feet ; thence curving to the left with a radius of 573 feet, 77.58 feet ; thence N. 6º 48' E., 336 feet, to the southerly side of Longwood avenue; thence continu- ing in the same direction and commencing on the northerly side of said avenue and running 813 feet to the southerly side of Beacon street; thence continuing in the same direction and commencing on the northerly side of said Beacon street and running 819.39 feet ; thence N. 9º 10' E., 350 feet ; thence curving left with a radius of 180 feet, 35.86 feet ; thence N. 2º 15' W., 215.05 feet ; thence N. 9º 3' 20" E., 1344.15 feet to the south- erly side of Brighton avenue: taking equal widths of 25 feet on each side of the above-described centre line, and measuring 50 feet in width through the entire length of said way, measured at right angles with the side lines of said way.
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 and construction of said way, whether by taking property or injuring it in any manner, and have allowed by way of set- off the benefits, if any, to the property of said party in the premises, and do estimate and determine the awards to be paid to the said parties, respectively, in sums as follows ; to wit, -
To the heirs of Augustus Aspinwall .
$300 00
Isaac H. Sears
350 00
Fred S. G. DeHauteville
300 00
Mrs. Grace W. Rivers .
3,200 00
D. Sears & Brother
600 00
William S. Dexter
1,500 00
No awards are made to Charles Stearns and heirs of Marshall Stearns, Kynrett W. Sears, estate of David Sears, Mrs. H. S. Crowninshield, and F. R. Sears, the benefits in their cases exceeding the damages.
The location of said way is in conformity with a plan and profile of the same as made by George Tyler, civil engineer, dated July 14, 1873, 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, sixty days from the date of the acceptance of this report
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Brookline Town Records.
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 their acceptance, and when so accepted, allowed, and recorded, is forever to be known as a public town way.
And it is recommended that said way be named and called " St. Paul street."
CHARLES D. HEAD, CHARLES K. KIRBY, HORACE JAMES, JAMES W. EDGERLY, Selectmen of the Town of Brookline.
BROOKLINE, Mass., July 14, 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 the name of said town way be St. Paul street.
Voted, That the sum of forty-nine thousand seven hundred dollars be raised and appropriated for the construction of said street and land damages.
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