The Board of Selectmen is considering a proposal by the Harvard Cultural Collaborative to use the old library as a cultural center for the town once the Council on Aging moves back to the Hildreth House. The deed transferring the old library in trust to the town restricts the use of the building to “… a Public Library …or for other purposes not inconsistent with a Public Library.” Town counsel, at a town meeting several years ago, stated that use as a cultural center was a purpose “not inconsistent with a public library.” During the Aug. 29, 2012, Town Meeting, town counsel was asked what restrictions there were, if any, on the use of the old library. He restated, verbatim, the above-quoted restrictions, indicating they were still in effect.
At the July 12 selectmen’s meeting, the selectmen were told that the deed restriction expired after 99 years. This appears contrary to the opinion of town counsel. After that meeting I consulted with an attorney who specializes in real estate law. He informed me that a similar deed in Groton had the same “in trust” language and was determined to be a deed in trust for a municipal purpose and therefore the restriction was in perpetuity. He also said there is case law supporting the proposition that a deed such as that of the old library would include an implied reversionary interest to the heirs of Hannah Sawyer, who bequeathed the building to the town, if it were no longer used for the stated purpose.
The town could decide to spend much time and money challenging the deed in land court. Absent that, the only use the old library can be put to after the COA leaves is that of a public library or some other not inconsistent purpose—such as a cultural center. Such a use will allow the building to remain open to the entire community and be part of a vibrant town center.
Jim Breslauer
Poor Farm Road
