KENNEBUNK – In a decisive 3,180-617 vote, those casting ballots in Kennebunk on Election Day agreed that the town should take the steps necessary to release its right of enforcement on a deed restriction involving the privately owned Barnard Tavern.

The restriction was placed on the property by Jo R. Johnson, trustee of the Johnson Property Trust, when she sold the property at 9 Barnard Lane to C & K Realty Corporation on Feb. 25, 2016, and states: “the structure on the land being conveyed, the “Barnard Tavern,” so-called, may not be torn down.”

Kennebunk voters agreed to lift the town’s right to enforce a Barnard Tavern deed restriction. Dan King photo

According to the referendum question posed to voters on Nov. 2, “the deed restriction is enforceable by the Town and the original Grantor of the deed.”

The select board and town were unaware of the deed restriction until recently, as were the owners, Randy and Kari Gates, who purchased the property in February. The covenant was not outlined in the deed to the Gates from the immediate prior owners, as evidenced by documents on file at the York County Registry of Deeds.

Given the deteriorating condition outlined in a report from a structural engineer they hired to examine the late-1700s tavern, the Gates’ have proposed deconstruction and reconstruction of the building, using as much of the original materials as possible.

Kari Gates said she is pleased with the election result.

“We couldn’t have done it without the community,’ said Gates. “So many people stopped to talk to us. It was really amazing community support – that is what really resonates with us. I think the community at large gets it. I was pleased to see the numbers. I think that speaks for itself.”

Gates said she and her husband still want to rehabilitate the property and pointed out there are other steps before that can take place – like permission from the town’s Historic Preservation Commission.

The property was built by Joseph Barnard, who drove the first mail coach from Portsmouth, New Hampshire, to Portland in 1787, and later became Kennebunk’s second postmaster. He operated a hotel there until his death in 1817. His widow, Rachel, ran the tavern until 1823, when she sold it to Timothy Frost, who operated it until 1853. The property became a farm during the Civil War, later became a rooming house, and later still a family home. It was purchased by William and Jo Johnson in 1975, after a fire.

While the town’s online property records state the tavern was built in 1776, newspaper clippings indicate the land was purchased by Barnard in 1781 and the tavern built in 1784 – others say it was built in the 1790s. An ell and barn date to 1830-1840.

Voters also agreed 3,085-678 to accept Longfellow Lane as a town way; and to amend the town’s zoning ordinance, 2,859-848. The amendment approved changes the zoning classification of property identified as Tax Map 46, Lot 40, and a portion of Tax Map 46, Lot 42 from Village Residential to Upper Square District.