But Mayor Kitty Piercy, who would only vote in the event of a tie, said Monday that the
deed restriction "gives some credence to the outpouring of folks who believe it should remain public space.
Alterman noted the legal issues surrounding
deed restrictions are complex.
Approval from the Legislature came, but the Massachusetts Historical Commission declined to remove a
deed restriction on the property that prohibits any buyer from demolishing the building or significantly altering it.
Another hurdle is that the house is bound by a
deed restriction that requires the owner to preserve its "architectural and historical integrity.
Armstrong began looking into the
deed restriction question two years ago after Farmers Market supporters raised the possibility of the county property being used for a year-round market and public park.
But the buyer of the property will be bound by a major
deed restriction.
Chief among the unanswered questions is whether a
deed restriction on the county property would prevent the trade so the land could be used as a farmers' market.
This year, the state installed a gate, as required by a
deed restriction, to block public access.
