Index to Deeds: 397 Commonwealth

The following is an index to property transfer deeds and party wall, use, and building restriction agreements recorded at the Suffolk County Deed Registry from the original land purchase through December 31, 2017.  Mortgages, trust agreements, and other similar recorded documents are not included.  This index is intended as a guide only; actual deeds should be reviewed for details.

Note: The frontage on Commonwealth of 397 Commonwealth is shown as being 46.03 feet in the deeds through Book 4529, p. 200 (25Jul1923) and as 46 feet thereafter.  The change in the description first appears in a mortgage given by the Moorland Company to the People’s Savings Bank, Book 4667, p. 366 (7Apr1925).

Transfers of Land and Buildings
Date of Deed Grantor Grantee Book Page
28Dec1964 Hearthstone Insurance Company of Massachusetts (395-397 Commonwealth) Association for Cultural Interchange, Inc. 7916 285
31Jan1958 Boston Evening Clinic and Hospital (397 Commonwealth) Hearthstone Insurance Company of Massachusetts 7291 372
29May1953 Irving Zieman Boston Evening Clinic and Hospital 6871 267
28Dec1951 (recorded 29May1953) Minerva B. Dobro Irving Zieman 6871 266
15May1942 Irving Zieman Minerva B. Dobro 5985 157
01May1942 Samuel H. Gurvitz (one-half undivided interest) Irving Zieman 5982 156
28Nov1941 People’s Savings Bank Irving Zieman and Samuel H. Gurvitz 5960 389
12Aug1938 Oliver Investment Corporation (foreclosure of mortgage) People’s Savings Bank 5737 534
01May1934 People’s Savings Bank Oliver Investment Corporation 5451 265
08Mar1928 Moorland Company (foreclosure of mortgage) People’s Savings Bank 4985 61
25Jul1923 William H. Ross Moorland Company 4529 200
26Dec1922 Charles H. Tyler, Charles E. Cotting, and Arthur N. Maddison, trustees under the will of Charles E. Cotting; and Charles E. Cotting, individually; and Ruth S. T. Cotting, widow of Charles E. Cotting William H. Ross 4426 21
Transfers of Unimproved Land
Date of Deed Grantor Grantee Book Page
01Mar1904 Alexander Agassiz (lot with 46.03 foot frontage) Charles E. Cotting 2951 596
17Jan1901 Frederick Ayer (lot with 46.03 foot frontage) Alexander Agassiz 2731 183
15Apr1899 Frederick O. Woodruff (two lots, one with a frontage of 52 feet and the other, to the west, with a frontage of 26 feet) Frederick Ayer 2599 199
15Apr1899 S. Endicott Peabody (lot with 52 foot frontage) Frederick O. Woodruff 2599 197
15Apr1899 Leverett S. Tuckerman and Francis Peabody, Jr., trustees under the will of William G. Saltonstall (lot with 26 foot frontage) Frederick O. Woodruff 2599 196
13Jan1886 Francis A. Osborn and Grenville T. W. Braman, a majority of the trustees of Commonwealth Avenue Lands (Francis W. Palfrey, the remaining trustee, being absent from Massachusetts) (lot with 52 foot frontage) William G. Saltonstall 1709 582
11Jan1886 Francis A. Osborn and Grenville T. W. Braman, a majority of the trustees of Commonwealth Avenue Lands (Francis W. Palfrey, the remaining trustee, being absent from Massachusetts) (lot with 52 foot frontage) S. Endicott Peabody 1709 545
01Jun1880 Dwight Foster, Gilman Collamore, and George F. Richardson, trustees under a bond indenture with the Boston Water Power Company dated 1Jun1874 (release) Francis A. Palfrey, Francis A. Osborn, and Grenville T. W. Braman, trustees of Commonwealth Avenue Lands 1495 6
01Jun1880 Boston Water Power Company Francis A. Palfrey, Francis A. Osborn, and Grenville T. W. Braman, trustees of Commonwealth Avenue Lands 1495 9
Party Wall Agreement
Date of Deed Party One Party Two Book Page
23Jul1901 Atherton T. Brown (owner of lot at 401 Commonwealth) Alexander Agassiz (owner of lot at 397 Commonwealth) 2771 332
Party wall stipulations in land transfer deed
Date of Deed Grantor Grantee Book Page
17Jan1901 Frederick Ayer (seller of lot at 397 Commonwealth and owner of 395 Commonwealth) Alexander Agassiz (purchaser of lot at 397 Commonwealth) 2731 183
Building and use restrictions included in land transfer deed, specifying that the party wall between 395 Commonwealth and 397 Commonwealth may not be extended to be within 39.5 feet of Marlborough, and that no building more than one story (defined as 26 feet high) may be erected within 30 feet of Marlborough
Date of Deed Grantor Grantee Book Page
17Jan1901 Frederick Ayer (seller of lot at 397 Commonwealth and owner of 395 Commonwealth) Alexander Agassiz (purchaser of lot at 397 Commonwealth) 2731 183
Building and use restrictions included in land transfer deed, specifying that no building on the premises may be used as a stable, and that no building of more than one story in height may be erected within thirty feet of Marlborough
Date of Deed Grantor Grantee Book Page
13Jan1886 Francis A. Osborn and Grenville T. W. Braman, a majority of the trustees of Commonwealth Avenue Lands (Francis W. Palfrey, the remaining trustee, being absent from Massachusetts) (sellers of lot with 52 foot frontage) William G. Saltonstall (purchaser of lot with 52 foot frontage) 1709 582
Agreement by owners of land on the north and south sides of Marlborough between West Chester Park (Massachusetts Avenue) and the Beacon entrance to Back Bay Park (Charlesgate East) requiring that buildings must be set back 5 feet from Marlborough except for projections as specified in Book 1588, p. 434 (20Feb1883) [which provided that steps, porticos, and other usual projections appurtenant to the front wall of a building would be permitted in the reserved space, and bays and bows would be permitted in the reserved space subject to dimensional limitations as set forth in the deed].  This 5 foot setback requirement was modified with respect to the north side of Marlborough by a subsequent agreement dated 10Jun1885 (Book 1685, p. 433)
Date of Deed Party One Party Two Book Page
20Feb1883 Francis A. Osborn and Grenville T. W. Braman, a majority of the trustees of the Commonwealth Avenue Lands, Francis W. Palfrey, the remaining trustee, being absent from Massachusetts Grenville T. W. Braman, Henry D. Hyde, and Henry M. Whitney, trustees 1588 437