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Committee debates historic-restriction language for cultural-center grant; legal counsel offered to draft restriction
Summary
The CPC reviewed a cultural-center grant and raised concerns that a historic-restriction recorded for a 2021 grant was never filed; KP Law offered to draft a restriction covering both the 2021 grant and the new grant, and the committee discussed removing a requirement that Yarmouth join the restriction so that the town of Dennis's interests are protected.
The Community Preservation Committee spent substantial time reviewing the cultural-center grant agreement and the presence (or absence) of a historic deed restriction tied to a previous 2021 grant.
Members said the 2021 restriction could not be located; a committee member noted the cultural representative at an earlier meeting said the town of Yarmouth had not historically required deed restrictions on its grants. Committee members debated whether the new agreement should require the town of Yarmouth to join a restriction and whether the grantee or the town should pay for any drafting and recording costs.
One committee member said: "If the grants aren't done the way that they're written, then the towns can actually ask for callback" (Committee member). Another member asked whether legal counsel might require recording a restriction because the facility's property address is in Yarmouth.
KP Law was offered as a resource: a committee member said KP Law had offered to create a restriction that would cover both the 2021 grant and the newer grant, and the committee discussed removing a clause that would require Yarmouth to be party to the restriction so the restriction would pertain only to town of Dennis funds.
The committee leaned toward approving the agreement to send it to the select board for execution after removing the requirement that Yarmouth join the restriction and after confirming the cultural center will sign the agreement and accept the restriction language. Members also discussed putting the restriction recording responsibility on the grantee, consistent with practice that the grantee records deed restrictions.
What happens next: staff will revise the agreement language to remove the town-of-Yarmouth requirement and will ask KP Law to draft a restriction that covers the 2021 and current grants; the committee will forward the amended agreement to the select board for execution.
