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Committee recommends acceptance of civic space at 808 Windsor, approves maintenance license and storm drainage easement
Summary
The finance committee recommended approval of documents transferring civic space at 808 Windsor Street to the city, a perpetual maintenance license/covenant, and a storm drainage easement; the agreement assigns maintenance to a Boynton Yards Owners Association with fallback obligations for the property owner.
The Somerville Finance Committee on May 6 recommended approval of a package of real-estate documents transferring civic open space at 808 Windsor Street to the city and establishing a perpetual maintenance regime.
City attorney Kathy Salkert described the package as a deed of civic space to the city, a maintenance license incorporating a covenant that will run with the land (paragraph 15), and a storm drainage easement to accommodate subsurface stormwater tanks under the civic plaza. Salkert said the maintenance license is required because the civic space will be owned by the city but maintained by private parties under a pledge that will remain in effect if ownership of the adjacent buildings changes.
“Because we will own this the civic space, instead of us granting them an easement, we agreed with the developer to do this as a maintenance license that also includes a covenant to make sure that it has the same permanence that an easement would have,” Attorney Salkert said.
Councilor Catherine Scott, the Ward councilor for the area, described the transfer as “great news” for an open space south of Union Square that has been in an interim condition and praised neighborhood advocates and the Union Square Neighborhood Council for shaping the agreement.
The documents also create a Boynton Yards Owners Association responsible for landscape maintenance under a detailed landscape maintenance and management plan that is incorporated into the license. Salkert said the association currently consists of two owners (101 South and 808 Windsor) and may add additional owners as the master plan development proceeds; the license provides that if the association ceases to exist the maintenance obligation reverts to the 808 Windsor owner.
Salkert described the storm drainage easement: each of the two adjacent buildings will have a tank beneath the civic space for excess stormwater, and owners are responsible for maintaining those tanks and for restoring the civic space after any necessary repairs. The license also requires written city approval if the civic space design is altered.
Councilors asked about hours of operation and maintenance responsibilities; Scott noted the park—s opening hours conform to city code and the license includes a maintenance schedule. The committee laid the item on the table to recommend approval to the full council.
