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“8/10/66-KINGSTON, MASS: Brandishing her own protest [sign] Mrs. June A. Ballinger of Kingston pumps mustard-filled water pistol into line of ‘Walk for Peace’ marcher who continued 8/1 their 117-mile march from Boston to Provincetown, Mass., protesti[ng] U.S. involvement in the Viet Nam war. UPI Telephoto”
He was an prominent figure in Town history, but who knew he’d be right in the middle of a hot online debate in Kingston today? Read on and you will!
This tale starts with a sizeable parcel of undeveloped privately owned land — 46 acres “more or less” off Winthrop Street — currently under a purchase and sales agreement. Because it falls under Massachusetts’ Chapter 61A laws, the Town of Kingston has the right of first refusal before the sale takes place.
Some residents are campaigning for the Town to buy the land and keep it as undeveloped open space. Others disagree. In the spirited online discussion of the last few weeks, the question of access to the 46 acre parcel has come up. On maps and plans, it appears land-locked, with no direct connection to Winthrop, Summer or any other public street, a serious obstacle to any use, public or private.
But ah, here’s Horatio’s historical hand…
Through the late 19th and early 20th century, Horatio Adams owned land in and around Blackwater as the area was known, including an icehouse on the pond and four acres of “upland and swamp in Blackwater” with a right of way to Winthrop Street over property to the south.
Tucked into the legal description of the pending purchase agreement — Exhibit P-1-B2 in the Board of Selectmen Meeting Packet for the continued public hearing on March 16 — for the 46 acres is this:
Parcel 3 … including specifically a ‘right of way for wagons from the granted premises Southerly over land of Standish to an old road (Winthrop Street) running East and West through land of Ellen Standish’ granted in Deed of Ellen Standish to Horatio Adams dated May 3, 1889.
Here’s that part of the recorded version (Book 576, Page 444) in the Plymouth Registry of Deeds).
This deed signed 132 years ago shows that the 46 acres is not land-locked; there is deeded egress to the south. But where exactly is the “land of Standish” over which his wagons could roll?
That 2019 deed (Book 52134, Page 218) shows the sale “subject to other easements, restrictions and reservations of record.” One of those easements appears in a note on a 2003 survey (Plan Book 46, Page 6899) for an earlier subdivision of the original 27 Winthrop. It reads
Locus is subject to existing right of way and drainage rights from land northerly of the locus, as set forth in Bk 576 – Pg 444.
That is, of course, Horatio’s 1889 deed with Ellen Standish. The right of way it established is called out both in the current purchase and sales agreement, and in the deed that transferred the 46 acres to its current owner (Book 3981, Page 476), and a number of other recorded instruments over the years. This 132 year-old easement affects 27 Winthrop, the 1.15 acres, and the other subdivided lots south of the 46 acres.
In a final twist, the purchaser of the 1.15 acre parcel was an LLC organized just two months before the sale. Its manager? None other than the purchaser in the pending agreement to buy the 46 acres.
More to come as this interesting situation unfolds…
Sources: Plymouth Registry of Deeds plymouthdeeds.org; Town of Kingston kingstonmass.org; Massachusetts Corporate Database sec.state.ma.us/index.htm; and the Local History Collections of the Kingston Public Library.
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In a post to the Kingston Town Locals group on Facebook , Will Perry described a recently uncovered 1810 document that describes the line between Pembroke and Kingston. It appears to be a “Notice of Perambulation” documenting a joint walk along the border by the Selectmen of both Towns. By law, Towns should perambulate every five years.
Early land descriptions can be tricky to read, but this map from the The Atlas of the Boundaries of the Town of Kingston shows the Pembroke-Kingston line as it was in 1899. Admittedly, that’s almost a century later, but the “corners” in the notice very likely correspond to stones 8, 9, 10, and 11 on the map. In the Atlas, stone 11 is described as W.M., a witness marker. This post has more information on Kingston’s boundaries and photographs of a couple of witness markers.
We the subscribers, Selectmen of the Towns of Pembroke and Kingston, having this day run and reviewed the line between the said Towns and find the corners and distances as follows. Viz
Beginning at a stake and stone by the Jones River Pond [Silver Lake] marked KP thence North 41 1/2 East 110 rods to a stake marked KP in the North-westerly corner of the land of Jedidiah Holmes, thence North 87 Degrees East 349 Rods to a stake and stones marked PK in the line between Jacob Fish and Zachary Fish, by a small run of water, thence South 69 Degrees East 108 rods to a stake and stones by Pine Brook marked KP in Duxbury line
December 14th 1810
Kilborn Whitman, [Isaac?] Hatch, Selectmen of Pembroke
John Faunces, Elisha Hall, Selectmen of Kingston
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Source: Joseph Cushman Finney Papers MC11