On motion of Philip S. Parker,—

Voted, That an entry for the purpose of constructing such laying out, alteration and widening is hereby authorized to be made before all claims for damages by reason thereof shall be finally adjusted or determined.

Philip S. Parker offered the following vote,

Voted, That the Treasurer be authorized, when so directed by the Selectmen, to borrow eighty thousand dollars ($80,000) appropriated at this meeting, to pay for the construction of Hammond street and land damages. Bonds or notes shall be issued therefor, signed by the Treasurer and countersigned by a majority at least of the Selectmen, with interest payable semi-annually at a rate not exceeding four per centum (4%) per annum; such bonds or notes shall be dated January 1st, 1907, and shall be made payable in such annual proportionate payments as will extinguish the same in twenty (20) years from their date.

The vote was taken by count, Henry Ware and Leonard C. Wason, who had previously been appointed and sworn, acting as Tellers.

The Tellers reported the whole number voting to be two hundred and twenty-seven (227), as follows: "Yes," two hundred and twenty-five (225); "No," two (2); and the vote was declared passed by more than two-thirds of the voters present and voting thereon.

The Selectmen reported in print the laying out of the alteration and widening of Hammond street, of which the following is a true copy.

Hammond Street.

We, the undersigned, Selectmen of Brookline, gave written notice of our intention to lay out, alter and widen Hammond street, from Newton street to the boundary line between the city of Newton and the town of Brookline, under the provisions of law authorizing the assessments of betterments, such notice requiring all persons interested to appear before us at our room in the Town Hall, on Monday, the 6th day of May, 1907, at five o'clock p. m., and caused such notice to be actually served according to law by a constable of this town at least seven days before the day so appointed for the hearing, upon Heirs John Lowell, Arthur Finnegan, Annie Connolly, James F. Gleason, Patrick J. Goode, Thomas Cunneen, Charles R. Dow, John J. Howard, Mary E. C. Coleman, Heirs William Holloran, Heirs Patrick Cummings, Heirs John

Mahoney, Ellen Healey, John G. Wright and heirs William E. Cox, Elizabeth Quimby, Henry G. Dorr, agent, Arthur E. Marks, John J. Lynch and Mary Mealey, William Fegan, John Healey, Heirs D. J. Carroll, John G. Wright, Grace Howes, Heirs J. L. Gardner, Heirs Osborne Howes, Helen P. Dane, and Town of Brookline, being all the parties known to us from whom land is taken, or who may be interested in the subject-matter, and gave notice to them and all other persons and corporations, if any, who may be interested in the subject-matter, whose names are not known to us, by posting up true and attested copies of such notice in three public places in the town seven days at least before the day appointed for the hearing.

Pursuant to such notice, we met at the time and place appointed for the hearing, and heard the remarks and objections of all persons, if any, who desired to be heard, and having viewed and examined the route of the street as hereinafter described, we do adjudge that common convenience and necessity require that said street should be laid out, altered and widened under the provision of law authorizing the assessments of betterments, and it is hereby so laid out, altered and widened so that said street within the town of Brookline shall hereafter be described by its centre line, as follows:

Beginning at a point on the boundary line between Newton and Brookline situated 40.26 feet northeasterly from the stone monument marking said boundary situated on the westerly side of Hammond street; thence running southerly by a curve to the right having a radius of 357.50 feet for a distance of 101.34 feet; thence running southerly by a tangent 34.61 feet; thence curving to the left with a radius of 682.50 feet for a distance of 347.74 feet; thence running southeasterly by a tangent for a distance of 282.96 feet; thence curving to the right with a radius of 488.25 feet for a distance of 498.26 feet; thence running southerly by a tangent 27.34 feet; thence curving to the left with a radius of 560 feet for a distance of 296.95 feet; thence running southerly by a tangent 50.71 feet; thence curving to the right with a radius of 800 feet for a distance of 198.97 feet; thence running southerly by a tangent 566.99 feet; thence curving to the left with a radius of 1000 feet for a distance of 349.48 feet; thence running southerly by a tangent 50.91 feet; thence curving to the right with a radius of 703.50 feet for a distance of 249.35 feet; thence running southerly by a tangent 499.03 feet; thence curving to the right with a radius of 942.50 feet for a distance of 219.12 feet; thence running southeasterly by a tangent 433.57 feet; thence curving to the left with a radius of 1209.71 feet for a distance of 592.37 feet; thence curving to the left with a radius of 560.50 feet for a distance of 240.86 feet; thence running southeasterly by a tangent 118.18 feet; thence curving to the right with a radius of 585.50 feet for a distance of 167.09 feet; thence running southerly by a tangent 113.87 feet to the proposed northerly line of Newton street and including a parallel width of 37.50 feet on both sides of said centre line throughout its entire length.

At the intersections of the easterly and westerly lines of said Hammond street as altered and widened, with the side lines of the streets herein

after named, the corners are to be rounded with curves and the necessary land is hereby taken therefor as follows, to wit:

At Boylston street, the northeasterly corner with a curve having a radius of 30 feet; the northwesterly corner with a curve having a radius of 20 feet and a tangent having a length of 9.07 feet connecting the northerly end of said curve with the westerly line of said Hammond street as above described; the southeasterly corner with a curve having a radius of 20 feet; at Woodward road, the northeasterly corner with a curve having a radius of 25 feet; the northwesterly corner with a curve having a radius of 35 feet and the southwesterly corner with a curve having a radius of 30 feet; at Newton street, the northeasterly corner with a curve having a radius of 196 feet and with a tangent having a length of 40.26 feet, connecting the northerly end of said curve with the easterly line of said Hammond street as above described.

Such portions of the present location of Hammond street as are not included within the limits of said street as hereby altered and widened are hereby discontinued.

For a further identification of this description and location reference is hereby made to a plan and profile made by Alexis H. French, Town Engineer, dated May 6, 1907, approved by us, verified by our signatures and adopted as a part of this record. Said street is to be constructed in accordance with said plan and profile.

The foregoing description has been compared with the plan and is correct.

May 17, 1907.

ALEXIS H. FRENCH, Town Engineer.

We take land as follows, and we have estimated the damages sustained by the owners of land, rights and interests caused by the laying out, alteration and widening of said street and the construction thereof, whether by taking land or by injuring property in any manner whatsoever, and do estimate and determine the amount to be paid to the said parties respectively, as follows:

with the plans and profiles accompanying this laying out is to be built

in embankment, the Selectmen take the right to support said enbankment by means of side slopes upon the adjoining land, the upper surface of the said side slopes having a rate 'of slope of one and one-half (11⁄2) feet measured horizontally to one (1) foot measuring vertically, measuring down to the level of said adjoining land, from the grade of the side lines of the street, as shown on said plans and profiles; but we expressly reserve to the owners of the land taken for said slopes and their heirs and assigns the right to use said slopes and the land taken therefor up to the side lines of said way, as hereinbefore defined and shown on said plans and profiles, for building or for any other purpose or use whatsoever incident to the ownership of the fee in the land taken for said slopes, which will not impair the securing of the roadbed of said way.

We give the owners of land taken for the laying out, alteration and widening of said street thirty days from the date of its acceptance by the town, in which to take off their trees, fences and other property which may obstruct the building of the way.

The estimated cost of constructing the street is $71,000.00, and the awards for land and other damages amount to $85,790.00. Said street so laid out, altered and widened is hereby reported to the town for acceptance.

The said plan, profile and this record are this day filed by us in the office of the Town Clerk.

Tenth Article,‚—“ To appropriate fourteen thousand dollars ($14,000.00) to be expended by the Water Board for laying a water main in Hammond street, from Newton street to Boylston street."

On motion of Oscar B. Mowry.—

Voted, To appropriate fourteen thousand dollars ($14,000) to be expended by the Water department for laying a water main in Hammond street.

Eleventh Article,-"To appropriate four hundred dollars ($400.00) to be expended under the direction of the School Committee, to defray the expense of using shower baths in the Lincoln school and Heath school during July and August."

On motion of Philip S. Parker,

Voted, To appropriate four hundred dollars ($400) to be expended under the direction of the School Committee to defray the expense of using shower baths in the Lincoln school and Heath school during July and August.

[An amendment offered by George S. Nyhen to the effect that the above described baths be kept open during the month of September was rejected.]

Twelfth Article," To see if the town will amend Section 5, Article XIX of the Building Law, to permit of the placing, under certain conditions, of a one-story wooden building nearer than five feet to adjoining lot line."

On motion of Charles H. Pearson,—

Voted, That the subject-matter of the twelfth article be indefinitely postponed.

Thirteenth Article,—“ To authorize the Water Board to contract for the erection of a stable and workshop, and to appropriate thirty thousand dollars ($30,000.00) therefor; and to authorize the Treasurer to borrow the same."

On motion of Oscar B. Mowry, amended by Harvey H. Baker,

Voted, To authorize the Water Board to contract for the erection of a stable and work-shop, and to appropriate fifteen thousand dollars ($15,000) therefor, and that the Water Board be instructed not to proceed with the construction of any building that will cost to exceed that amount.

Fourteenth Article,-"To authorize the Trustees of the Public Library to make contracts for the erection of a new Public Library on land of the town on Washington street, between School street and the Municipal Court; to appropriate four hundred thousand dollars ($400,000.00) for this purpose, and for any expenses incidental thereto; and to authorize the Treasurer to borrow the same."

On motion of Moses Williams, amended by Emery B. Gibbs,

Voted, That the subject-matter of the fourteenth article be referred to a Committee of seven citizens to be appointed by the Moderator, to report to the town at the next annual town meeting.

The Moderator appointed the Committee to consist of James R. Dunbar, William H. Lincoln, Jerome Jones, James H. Boody, Henry B. Cabot, Frank B. Connor and Henry W. Lamb.