CPC urges select board to secure historic-preservation restriction for cultural center grant

Town counsel (speaker 3) told the committee that while CPA-funded grants to private parties are not expressly required to include a permanent historic restriction, the expenditure of public funds must be for public purposes and the town can protect funds by acquiring an appropriate restriction. The counsel recommended securing a restriction (time-limited or permanent as appropriate) that benefits the town of Dennis.

Molly, the cultural center’s CEO, said she has reviewed deeds and paperwork and found no recorded historic restriction on the property. "I've looked at the deeds, and there's no historical restriction on our deeds," she said, and added that she has contacted Yarmouth and the state for guidance and invited further administrative assistance.

Committee members discussed whether a restriction had been attached as an appendix to the original 2021 grant and whether the Yarmouth Historical Commission or the Massachusetts Historical Commission had approved or should approve any restriction. The committee concluded it should refer the matter to the select board and administration to determine whether an historic restriction exists and, if not, to take steps to record an appropriate restriction that runs for the benefit of the town of Dennis. A motion to that effect passed unanimously.

The committee emphasized that the select board must decide the final terms and that a restriction could be time-limited to match the useful life of repairs (for example, a 20- or 40-year term) rather than perpetual, depending on the select board’s decision.