[HISTORY: Adopted by the Town Council of the Town of Braintree 5-18-2010 by Ord. No.
09-053. Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Commission — See Ch. 2.720.
Historical Commission — See Ch. 2.755.
Housing Authority — See Ch. 2.760.
Planning Board — See Ch. 2.770.
A.
There shall be a Community Preservation Committee consisting of at
least five and no more than nine members and shall include, but not
be limited to:
(1)
One member of the Conservation Commission established under
MGL c. 40, § 8C, as designated by the Commission;
(2)
One member of the Historical Commission established under MGL
c. 40C and MGL c. 40, § 8D, as designated by the Commission;
(3)
One member of the Planning Board established under MGL c. 41,
§ 81A, as designated by the Board;
(5)
One member of the Housing Authority established under MGL c.
121B, § 3, as designated by the Authority; and
(6)
The remaining four members, if appointed, shall be appointed
by the Mayor.
B.
If there are no persons acting in the capacity of or performing like
duties of any such commission, board or authority stated above who
have appointing authority under this chapter, the Mayor shall designate
a person to serve on the Committee. The Mayor shall appoint one member
to serve as Chair, and the members shall select a Vice Chair and Clerk.
A.
The Community Preservation Committee shall study the needs, possibilities,
and resources of the Town regarding community preservation. The Committee
shall consult with the Mayor, existing municipal boards, including
the Conservation Commission, the Historical Commission, the Director
of Planning and Community Development, the Planning Board, the Recreation
Advisory 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 annually 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 and posted on the Town's official website. The Community
Preservation Committee shall meet as necessary to carry out its duties,
but in any fiscal year shall hold no fewer than three meetings.
B.
On or before November 1 and May 1 of each year, the Committee shall
make recommendations to the Mayor, who shall submit requests to the
Town Council for the acquisition, creation, and preservation of open
space; for the acquisition, preservation, rehabilitation and restoration
of historic resources; for the acquisition, creation and preservation
of land for recreational use; for the acquisition, creation, preservation,
and support of community housing; and for the rehabilitation or restoration
of open space, land for recreational use, and community housing that
is acquired or created pursuant to this chapter. 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.
C.
The Committee may include in its recommendation to the Mayor, who
shall submit it to the Town Council, 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.
D.
For the purposes of community preservation and upon the recommendation
of the Committee, the Town may take by eminent domain under MGL c.
79 the fee or any lesser interest in real property or waters located
in the Town if such taking has first been approved by a two-thirds
vote of the Town Council. Upon a like recommendation and vote, the
Town may expend monies in the Community Preservation Fund, if any,
for the purpose of paying, in whole or in part, any damages for which
the Town may be liable by reason of a taking for the purposes of community
preservation.
E.
The Committee may recommend the issuance of general obligation bonds
or notes, in accordance with the provisions of MGL c. 44B, § 11,
in anticipation of revenues to be raised pursuant to the provisions
of MGL c. 44B, § 3, the proceeds of which shall be deposited
in the Community Preservation Fund.
F.
In every fiscal year, the Committee shall recommend to the Mayor
and the Town Council that the Town either spend or set aside for later
spending not less than 10% of the annual revenues in the Community
Preservation Fund for each of the following: open space (not including
land for recreational use); historic resources; and community housing.
G.
All recommendations submitted to the Town Council shall include the
anticipated costs thereof in accordance with the submission requirements
established by the Committee.
H.
No appropriation shall be made from the Community Preservation Fund
without the approval of the Town Council.
I.
The Committee shall submit to the Mayor, who shall submit to the
Town Council, by May 1 of each year, an annual administrative and
operating budget for the Committee for the next fiscal year, which
shall not exceed 5% of that year's estimated annual Community
Preservation Fund revenues.
A majority of the members shall constitute a quorum for purposes
of convening a meeting and conducting the business of the Committee.
The Committee shall approve its actions by a majority vote of the
Committee.
In the event that any part of this chapter is for any reason
declared invalid or unconstitutional by any court of competent jurisdiction,
the remainder of this shall continue in full force and effect.
