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When the houses were completed, Henry Atkins and his wife, Elizabeth Cummings (Gay) Atkins, made 4 Arlington their home, and William R. Lawrence and his wife, Susan Coombs (Dana) Lawrence, made 7 Arlington their home. Pursuant to their agreement, the partners sold 6 Arlington to William Carpenter and Horace Jenkins on July 19. 1861, and they sold it to Josiah G. Abbott on August 31, 1861. Seth Simmons sold 5 Arlington to John Chandler on March 1, 1862.

Peleg Chandler and his partners subdivided the remainder of their parcel, with a frontage of 75 feet on Marlborough, into four lots. On April 10, 1862, they sold the lot furthest east, with a frontage of 25 feet, to Samuel Perkins, a carpenter and builder, who built 1 Marlborough for speculative sale. In 1862, they entered into an agreement with architect and building contractor Charles K. Kirby to build three houses on the remaining 50 feet of their land. They sold the land to him on March 9, 1863, as the houses were nearing completion, and he then resold them to individual purchasers.

Western Parcel. The western parcel, at the corner of Berkeley and Marlborough, with a frontage of 421 feet on Marlborough, was composed of 17 parcels, all of which were acquired from George Goss on November 6, 1858, by nine different purchasers:

Lot 1 by Peleg W. Chandler; Lot 2 by George H. Peters (who also bought Lot 6); Lot 3 by Samuel K. Williams (who also bought Lot 7); Lot 4 by Solomon Piper; Lot 5 by Charles Stratton;
Lot 6 by George H. Peters; Lot 7 by Samuel K. Williams;
Lot 8 by Sampson Reed; Lots 9,10, and 11 by Theophilus Parsons; Lots 12, 13, and 14 by Ebenezer R. Hoar; and Lots 15, 16, and 17 by George Bigelow.

The lots were subsequently resold and reconfigured, and the houses at 9-41 Marlborough and 301 Berkeley constructed between 1862 and 1872.

Year when the land was sold by the Commonwealth

Year when the land was conveyed by the Commonwealth

Year when a building was first built on the land

Building Restrictions in Original Land Deeds

The September 2, 1858, and November 6, 1858, deeds from the Commonwealth (Suffolk Co. Deed Registry, Book 743, p. 229, and Book 747, p. 1) specified that any building on the land was to be “at least three stories high for the main part thereof and shall not in any event be used for a stable, or for any mechanical or manufacturing purposes;” that the front walls were to be set back twenty-two feet from Marlborough, with “steps, windows, porticos, and other usual projections appurtenant thereto” allowed in the reserved space; and that “no cellar or lower floor of any building shall be placed more than four feet below the level of the mill-dam, as fixed by the top surface of the hammered stone at the south-easterly corner of the emptying sluices.” The deeds also provided that the owners of the land would have the right to “plant and cultivate trees on the side walks” in front of their land provided that they left a distance of ten feet between the front boundary of their lots and the trees.

In November of 1858, the Commissioners on the Back Bay voted to clarify that the prohibition on stables would not be enforced “in such a manner as to prevent the erection and use of private stables by gentlemen as appurtenances to their own dwelling homes; provided, such stables are so constructed and used as not to be justly offensive to the occupants of the surrounding buildings.”

In January of 1863, the Commissioners on Public Lands (successors to the Commissioners on the Back Bay) adopted dimensional limitations on the projections allowed in the setback area. These applied to the deeds previously executed by the Commonwealth for land on the north side of Marlborough between Arlington and Beacon.

Click here for more information on the restrictions contained in deeds of Back Bay land.

When the houses were completed, Henry Atkins and his wife, Elizabeth Cummings (Gay) Atkins, made 4 Arlington their home, and William R. Lawrence and his wife, Susan Coombs (Dana) Lawrence, made 7 Arlington their home. Pursuant to their agreement, the partners sold 6 Arlington to William Carpenter and Horace Jenkins on July 19. 1861, and they sold it to Josiah G. Abbott on August 31, 1861. Seth Simmons sold 5 Arlington to John Chandler on March 1, 1862.

Peleg Chandler and his partners subdivided the remainder of their parcel, with a frontage of 75 feet on Marlborough, into four lots. On April 10, 1862, they sold the lot furthest east, with a frontage of 25 feet, to Samuel Perkins, a carpenter and builder, who built 1 Marlborough for speculative sale. In 1862, they entered into an agreement with architect and building contractor Charles K. Kirby to build three houses on the remaining 50 feet of their land. They sold the land to him on March 9, 1863, as the houses were nearing completion, and he then resold them to individual purchasers.

Western Parcel. The western parcel, at the corner of Berkeley and Marlborough, with a frontage of 421 feet on Marlborough, was composed of 17 parcels, all of which were acquired from George Goss on November 6, 1858, by nine different purchasers:

Lot 1 by Peleg W. Chandler; Lot 2 by George H. Peters (who also bought Lot 6); Lot 3 by Samuel K. Williams (who also bought Lot 7); Lot 4 by Solomon Piper; Lot 5 by Charles Stratton;
Lot 6 by George H. Peters; Lot 7 by Samuel K. Williams;
Lot 8 by Sampson Reed; Lots 9,10, and 11 by Theophilus Parsons; Lots 12, 13, and 14 by Ebenezer R. Hoar; and Lots 15, 16, and 17 by George Bigelow.

The lots were subsequently resold and reconfigured, and the houses at 9-41 Marlborough and 301 Berkeley constructed between 1862 and 1872.

Building Restrictions in Original Land Deeds

The September 2, 1858, and November 6, 1858, deeds from the Commonwealth (Suffolk Co. Deed Registry, Book 743, p. 229, and Book 747, p. 1) specified that any building on the land was to be “at least three stories high for the main part thereof and shall not in any event be used for a stable, or for any mechanical or manufacturing purposes;” that the front walls were to be set back twenty-two feet from Marlborough, with “steps, windows, porticos, and other usual projections appurtenant thereto” allowed in the reserved space; and that “no cellar or lower floor of any building shall be placed more than four feet below the level of the mill-dam, as fixed by the top surface of the hammered stone at the south-easterly corner of the emptying sluices.” The deeds also provided that the owners of the land would have the right to “plant and cultivate trees on the side walks” in front of their land provided that they left a distance of ten feet between the front boundary of their lots and the trees.

In November of 1858, the Commissioners on the Back Bay voted to clarify that the prohibition on stables would not be enforced “in such a manner as to prevent the erection and use of private stables by gentlemen as appurtenances to their own dwelling homes; provided, such stables are so constructed and used as not to be justly offensive to the occupants of the surrounding buildings.”

In January of 1863, the Commissioners on Public Lands (successors to the Commissioners on the Back Bay) adopted dimensional limitations on the projections allowed in the setback area. These applied to the deeds previously executed by the Commonwealth for land on the north side of Marlborough between Arlington and Beacon.

Year when the land was sold by the Commonwealth

Year when the land was conveyed by the Commonwealth

Year when a building was first built on the land

Click here for more information on the restrictions contained in deeds of Back Bay land.

When the houses were completed, Henry Atkins and his wife, Elizabeth Cummings (Gay) Atkins, made 4 Arlington their home, and William R. Lawrence and his wife, Susan Coombs (Dana) Lawrence, made 7 Arlington their home. Pursuant to their agreement, the partners sold 6 Arlington to William Carpenter and Horace Jenkins on July 19. 1861, and they sold it to Josiah G. Abbott on August 31, 1861. Seth Simmons sold 5 Arlington to John Chandler on March 1, 1862.

Peleg Chandler and his partners subdivided the remainder of their parcel, with a frontage of 75 feet on Marlborough, into four lots. On April 10, 1862, they sold the lot furthest east, with a frontage of 25 feet, to Samuel Perkins, a carpenter and builder, who built 1 Marlborough for speculative sale. In 1862, they entered into an agreement with architect and building contractor Charles K. Kirby to build three houses on the remaining 50 feet of their land. They sold the land to him on March 9, 1863, as the houses were nearing completion, and he then resold them to individual purchasers.

Western Parcel. The western parcel, at the corner of Berkeley and Marlborough, with a frontage of 421 feet on Marlborough, was composed of 17 parcels, all of which were acquired from George Goss on November 6, 1858, by nine different purchasers:

Lot 1 by Peleg W. Chandler; Lot 2 by George H. Peters (who also bought Lot 6); Lot 3 by Samuel K. Williams (who also bought Lot 7); Lot 4 by Solomon Piper; Lot 5 by Charles Stratton;
Lot 6 by George H. Peters; Lot 7 by Samuel K. Williams;
Lot 8 by Sampson Reed; Lots 9,10, and 11 by Theophilus Parsons; Lots 12, 13, and 14 by Ebenezer R. Hoar; and Lots 15, 16, and 17 by George Bigelow.

The lots were subsequently resold and reconfigured, and the houses at 9-41 Marlborough and 301 Berkeley constructed between 1862 and 1872.

Building Restrictions in Original Land Deeds

The September 2, 1858, and November 6, 1858, deeds from the Commonwealth (Suffolk Co. Deed Registry, Book 743, p. 229, and Book 747, p. 1) specified that any building on the land was to be “at least three stories high for the main part thereof and shall not in any event be used for a stable, or for any mechanical or manufacturing purposes;” that the front walls were to be set back twenty-two feet from Marlborough, with “steps, windows, porticos, and other usual projections appurtenant thereto” allowed in the reserved space; and that “no cellar or lower floor of any building shall be placed more than four feet below the level of the mill-dam, as fixed by the top surface of the hammered stone at the south-easterly corner of the emptying sluices.” The deeds also provided that the owners of the land would have the right to “plant and cultivate trees on the side walks” in front of their land provided that they left a distance of ten feet between the front boundary of their lots and the trees.

In November of 1858, the Commissioners on the Back Bay voted to clarify that the prohibition on stables would not be enforced “in such a manner as to prevent the erection and use of private stables by gentlemen as appurtenances to their own dwelling homes; provided, such stables are so constructed and used as not to be justly offensive to the occupants of the surrounding buildings.”

In January of 1863, the Commissioners on Public Lands (successors to the Commissioners on the Back Bay) adopted dimensional limitations on the projections allowed in the setback area. These applied to the deeds previously executed by the Commonwealth for land on the north side of Marlborough between Arlington and Beacon.

Year when the land was sold by the Commonwealth

Year when the land was conveyed by the Commonwealth

Year when a building was first built on the land