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.
State toxics officials are working to get a
deed restriction for United Metal Recovery, which had lead- and copper-contaminated soil, that will limit the property's use to industrial purposes and would restrict what can be placed on the concrete cap.
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.
The state will seek a
deed restriction to limit the future use of the property to industrial uses.
Another hurdle is that the house is bound by a
deed restriction that requires the owner to preserve its "architectural and historical integrity.
City Councilman Hal Bernson called Wednesday for a long-term lease and
deed restriction to ensure the long-term protection of Chatsworth Reservoir as a nature preserve and educational center.
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.
The council went ahead and approved Janss' project, but it also added several conditions, including a
deed restriction on the property prohibiting commercial activities.
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.
