Goldmuntz v. Town of Chilmark

We are called on to determine whether a conservation restriction in perpetuity which burdens the plaintiff’s land in Chilmark prevents him from installing an in-ground swimming pool on the property. A Land Court judge answered that question in the affirmative and the plaintiff has appealed the resulting judgment. We affirm.

The restriction, key portions of which are reprinted as an appendix to this opinion, was granted in 1976 by the property’s former owner, Katharine Irving Morgan, to the town of Chilmark. Pursuant to G. L. c. 184, § 32, the restriction was accepted by the selectmen and was…