Chapter – 1 Establishment
There is hereby established a Community Preservation Committee, consisting of nine (9) voting members pursuant to MGL Chapter 44B. The composition of the committee, the appointment authority and the term of office for the committee members shall be as follows:
- One member of the Conservation Commission as designated by the Commission for a term of three years.
- One member of the Historical Commission as designated by the Commission for a term of three years.
- One member of the Planning Board as designated by the Board for a term of three years.
- One member of the Recreation Commission as designated by the Commission for an initial term of one year and thereafter for a term of three years.
- One member of the Housing Authority as designated by the Authority for an initial term of two years and thereafter for a term of three years.
Chapter – 2 Duties
The community preservation committee shall study the needs, possibilities and resources of the Town regarding community preservation. The committee shall consult with existing municipal Boards, including the conservation commission, the historical commission, the planning board, the recreation commission and the housing authority, or persons acting in those capacities or
performing like duties, in conducting such studies. As part of its study, the committee shall hold one or more public informational hearings on the needs, possibilities and resources of the town regarding community preservation possibilities and resources, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the Town.
The community preservation committee shall make recommendations to the Town Meeting for the acquisition, creation and preservation of open space, for the acquisition and preservation of historic resources, for the acquisition and preservation of land for recreational use, for the creation, preservation and support of affordable housing and for rehabilitation or restoration of such open space, historic resources, land for recreational use and affordable housing that is acquired or created as provided in this section. With respect to affordable housing, the community preservation committee shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on previously developed sites.
The community preservation committee may include in its recommendation to the Town Meeting a recommendation to set aside for later spending funds for specific purposes that are consistent with Community Preservation Fund to accomplish that specific purpose or to set aside for later spending funds for general purposes that are consistent with community preservation.
In every fiscal year, the community preservation committee must recommend either that the legislative body spend, or set aside for later spending, not less than 10% of the annual revenues in the Community Preservation Fund for: (a) open space ( not including land for recreational use); (b) historic resources; and (c) community housing.
Chapter – 3 Requirement for a quorum and cost estimates
The Community preservation committee shall comply with the provisions of the Open Meeting Law, G.L. c. 39, §23B. The community preservation committee shall not meet or conduct business without the presence of a quorum. A majority of the members of the community preservation committee shall constitute a quorum. The community preservation committee shall approve its actions by majority vote. Recommendations to the Town Meeting shall include their anticipated costs.
Chapter – 4 Amendments
This bylaw may be amended from time to time by a majority vote of the Town Meeting, provided that the amendments would not cause a conflict to occur with MGL Chapter 44B.
Chapter – 5 Severability
In case any section, paragraph or part of this chapter be for any reason declared invalid or Unconstitutional by an court of last resort, every other section, paragraph or part shall continue in full force and effect.
Chapter 6 – Effective Date
Provided that the Community Preservation Act is accepted at the 2002 Annual Town Election, this bylaw shall take effect upon approval by the Attorney General of the Commonwealth, and After all requirements of G.L. c. 40, §32 have been met. Each appointing authority shall have thirty days after approval by the Attorney General to make their initial appointments. (Article 14
of the Fall Annual Town Meeting held October 15, 2001; Approved by the Attorney General on November 30, 2001).