The quest for a new Yarmouth library hit a significant legal speed bump this week as the Library Building Committee learned that the preferred site at Joshua Sears Playground may be shielded by state land protections. The potential "Article 97" designation, which protects land historically dedicated to open space or recreation, has forced committee members to begin investigating a pivot toward the adjacent Parcel 60, currently home to the Bridgewater State building.

The legal complication stems from an 1857 will and a 1931 probate court decision. Resident Kelly Sears Jacobson provided a detailed historical account to the committee, noting that the land—commonly referred to by some as Simpkins Field—is officially the Joshua Sears Playground. She explained that a $15,000 bequest from her ancestor was eventually utilized by the town to create an athletic space for the community. I would imagine my father would say it is the Joshua Sears playground and has always been the Joshua Sears playground, Jacobson said, urging the committee to find a better, more suitable spot and even suggesting her own family home for sale as an alternative.

Chair Judy Connors-Tarver expressed frustration over the lack of clarity from town hall regarding these restrictions. We’ve been asking the town since May 1st for legal restrictions, she noted, adding that while Town Administrator Bob Whritenour previously suggested there were no encumbrances, a deeper search by town researchers indicates Article 97 protection is likely. With a critical state grant submission deadline looming on December 31, the committee is under pressure to finalize a site that will not be tied up in the state legislature for months.

Select Board member Dorcas McGurn emphasized the urgency of the situation, noting that the status of the land impacts not only the library but also the town common project. We need to know if we legally have this land to build on before submitting to the state in December, McGurn said. This is a priority for the board.

In response to the potential gridlock at the playground site, the committee directed architect Matt Oudens to take a preliminary look at Parcel 60, the site of the former MacArthur school building. However, Oudens warned that shifting focus to a renovation of the existing structure might not be a silver bullet. Renovations are not necessarily cheaper than new construction, Oudens said, explaining that the building would require massive upgrades to meet modern seismic and energy codes, and might not support the weight of library book stacks. Buildings are site-specific, he added, noting a ravine on the property might also present wetland challenges.

Committee members expressed concern that abandoning a new construction plan for a renovation could jeopardize the project’s viability. Susan Bryan warned that moving from new construction to a renovation of an existing building is a cardinal change in the project, suggesting it could lead to legal challenges or issues with the state grant. Project manager Jen Mullen of Colliers echoed those fears, stating, I'm concerned about switching gears and the ramifications for the grant and the timeline. Member John Greco raised the possibility of reconsidering other town-owned land if both parcels prove difficult, asking, What if it's determined to be an inappropriate site? Do we roll back and think about Mid-Cape?

Beyond the site selection hurdles, the committee is grappling with a daunting $2.5 million fundraising mandate. Linda Callahan, president of the South Yarmouth Library Association, reported that the library is expected to contribute this sum based on a 2019 funding algorithm. The funds must be raised through a 501(c)(3) foundation before the project’s projected completion in 2027 or 2028. We need to know who will lead this as committee members and town employees cannot participate in fundraising, Callahan said, noting she is researching models from other Cape Cod libraries. Vicky Jan Edos questioned the exactness of the figure, though Callahan noted it covers fixtures, furniture, and equipment.

On the administrative front, the committee confirmed that contracts with Colliers and Oudens Ello Architecture have finally been signed, allowing technical work to proceed through the end of the year. The town has also cleared the way for informational signs—priced at $22 each—to be placed at key locations like the transfer station and senior center to direct residents to project details via QR codes. Connors-Tarver noted the signs must remain purely informational to comply with advocacy laws.

The meeting also served as an introduction for David Aronson, Yarmouth’s incoming Library Director, who attended as a guest ahead of his official start date. Looking forward to working with you, Aronson told the committee. He will take the reins as the project enters a critical public outreach phase, including an information session tentatively planned for October.

The committee handled two sets of minutes during the session to ensure accurate public records. Motion Made by S. Bryan to accept the minutes of August 7, 2025 — Motion Passed (5-0-0). Additionally, the group corrected a historical error from early July regarding member attendance. Motion Made by S. Bryan to approve the corrected minutes for July 1, 2025 — Motion Passed (5-0-0). The committee will meet again on September 11 at the South Yarmouth Library.