[HISTORY: Adopted by the Special Town Meeting of the Town of Dennis 9-21-2004 by Art. 14. Amendments noted where applicable.]
There is hereby established a Community Preservation Committee consisting of nine voting members pursuant to the provisions of MGL c. 44B, § 5, and Section 298 of Chapter 149 of the Acts of 2004. The composition of the Committee, the appointing 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;
One member of the Historical Commission as designated by the Commission;
One member of the Planning Board as designated by the Planning Board;
One member of the Board of Selectmen acting as Board of Park Commissioners;
One member of the Housing Authority as designated by the Authority; if the Housing Authority, upon the earliest of failing to designate a representative after 60 days from the date of written notification of a vacancy by the Chairman of the Community Preservation Committee or written notice to the Board of Selectmen from the Housing Authority that no Housing Authority member wishes to serve on the Community Preservation Committee, the Selectmen shall appoint a registered voter of the Town of Dennis to this position;
[Amended 5-8-2018 ATM, Art. 11]
Four individuals to be appointed by the Board of Selectmen.
Each member of the Committee shall serve for a term of three years or until the person no longer serves on the above noted commission, board or authority that they represent, whichever is earlier; provided, however, that two of the Board of Selectmen's appointees shall be appointed for initial terms of three years, one appointee shall be appointed for an initial two years, and the final appointee shall be appointed for an initial one year.
Should any of the officers and commissions, boards or authority under this bylaw be no longer in existence for whatever reason, the Board of Selectmen shall appoint a suitable person to serve in their place.
Any member of the Committee may be removed for cause.
The Community Preservation Committee (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 Board of Selectmen, 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 at least one annual public informational hearing, or more at its discretion, 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, creation and preservation of land for recreational use, for the creation, preservation and support of community housing and for rehabilitation or restoration of such open space, historic resources, land for recreational use and community housing that is acquired or created as provided in this section, and for any other purpose that is authorized under Section 298 of Chapter 149 of the Acts of 2004. With respect to community housing, the 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 Town Meeting a recommendation to set aside for later spending funds for specific purposes that are consistent with community preservation but for which sufficient revenues are not then available in the 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 and Section 298 of Chapter 149 of the Acts of 2004.
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 in each of the following areas for (a) open space (not including land for recreational use), (b) historic resources, (c) community housing, or as otherwise authorized under Section 298 of Chapter 149 of the Acts of 2004.
The Community Preservation Committee shall comply with the provisions of MGL c. 39, § 23B (Open Meeting Law). The Committee shall not meet or conduct business without the presence of a majority of its members. The Committee shall approve its actions by a majority vote. Recommendations made by the Committee to Town Meeting shall include their anticipated costs.
This bylaw may be amended from time to time by a majority vote of the Town Meeting, consistent with the provisions of MGL c. 44B, § 5, and Section 298 of Chapter 149 of the Acts of 2004.
In case any section, paragraph or part of this bylaw is for any reason declared invalid or unconstitutional by any court, every other section, paragraph or part shall continue in full force and effect.
Provided that Town Meeting approves Article 14 of the September 21, 2004, Special Town Meeting to adopt Section 298 of Chapter 149 of the Acts of 2004, and voters of the Town at the May 10, 2005, Annual Town Election approve adoption of same, this bylaw shall take effect upon approval by the Attorney General of the Commonwealth, and after all requirements of MGL c. 40, § 32 have been met.
Editor's Note: This bylaw was approved by the voters at the annual Town Election held 5-10-2005 and by the Attorney General 6-10-2005.