As detailed in other posts, the Board of Selectmen have opted for four distinct articles pertaining to the 1835 Town Hall. The objective, as we understand it, is to get clear direction from the town voters as to the future of the 1835 Town Hall. The wording and the details can be found here: Details.
This post concerns our contention that the 4th article, Article 18, might be illegal. The wording of the article is;
Submitted by the Board of Selectmen
Not Recommended by the Finance Committee
Not Recommended by the 1835 Town Hall Committee
To see if the Town will vote to raise and appropriate, borrow, or transfer from available funds, the sum of $15,000.00 or any other sum to fund for necessary building stabilization and preservation for the 1835 Town Hall and to transfer the control of the building to the Board of Selectmen of Sterling for the purposes of conveyance and to authorize the Selectmen to take any and all actions reasonably necessary to effectuate the transaction; or take any action relative thereto.
We have indicated that the sale of the Town Hall might be illegal if it were sold to a private buyer. The deed for the property has a condition that the property never be converted to private use. Click on the image to enlarge.
We contend that the following law prohibits the sale of the Town Hall to a private buyer; Chapter 184 GENERAL PROVISIONS RELATIVE TO REAL PROPERTY covers the provisions of this Deed stating:
“Section 23. Conditions or restrictions, unlimited as to time, by which the title or use of real property is affected, shall be limited to the term of thirty years after the date of the deed or other instrument or the date of the probate of the will creating them, except in cases of gifts or devises for public, charitable or religious purposes. This section shall not apply to conditions or restrictions existing on July sixteenth, eighteen hundred and eighty-seven, to those contained in a deed, grant or gift of the commonwealth, or to those having the benefit of section thirty-two.”
It might be possible to sell the Town Hall without actually selling the property upon which it sits but that might also cross the line since the land would be converted, even temporarily through lease or other arrangement, to private use.
The money set aside in this particular article might very well go towards funding a legal team to support its validity.
Respectfully,
1835 Town Hall Committee