[Adopted 10-22-2001 STM, Art. 7]
A.
There is hereby established a Community Preservation
Committee, consisting of nine voting members pursuant to MGL c. 44B.
[Amended 5-6-2013 ATM, Art. 28]
B.
The composition of the Committee, the appointment
authority and the term of office for the Committee members shall be
as follows:
(1)
Composition.
(a)
One member of the Conservation Commission as designated
by the Conservation Commission for a term of three years.
(b)
One member of the Planning Board as designated by
the Planning Board for a term of three years.
(c)
One member of the Historical Commission as designated
by the Historical Commission for an initial term of one year and thereafter
for a term of three years.
(d)
One member of the Parks and Recreation Commission
as designated by the Parks and Recreation Commission for an initial
term of one year and thereafter for a term of three years.
(e)
One member of the Housing Authority as designated
by the Housing Authority for an initial term of one year and thereafter
for a term of three years.
(f)
One member of the Open Space Committee as designated
by the Open Space Committee for an initial term of two years and thereafter
for a term of three years.
(g)
One member of the Affordable Housing Task Force or Affordable Housing
Trust as designated by the Affordable Housing Trust for an initial
term of two years and thereafter for a term of three years.
[Amended 5-6-2013 ATM,
Art. 28]
(h)
One member of the Finance and Advisory Committee as designated
by the Finance and Advisory Committee for an initial term of two years
and thereafter for a term of three years.
[Added 5-6-2013 ATM,
Art. 28]
(i)
One
Town resident as designated by the Board of Selectmen for an initial
term of two years and thereafter for a term of three years.
[Added 5-6-2013 ATM,
Art. 28]
(2)
Each member of the Committee shall serve for the term
as set forth above, or until the person no longer serves in the position
or on the board or committee as set forth above, whichever is earlier.
(3)
Should any of the commissions, boards, councils or
committees who have appointment authority under this chapter be no
longer in existence for what ever reason, the appointment authority
for that commission, board, council, or committee shall become the
responsibility of the Board of Selectmen.
C.
Any member of the Committee may be removed for cause
by their respective appointing authority after hearing.
A.
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 Parks and Recreation Commission, the Housing
Authority, the Open Space Committee, and the Affordable Housing Committee
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 the meetings shall be posted publicly and
published for each of two weeks preceding a hearing in a newspaper
of general circulation in the Town.
B.
The
Community Preservation Committee shall make recommendations at the
Town Meeting for the acquisition, creation and preservation of open
space; for the acquisition, preservation, rehabilitation and restoration
of historic resources; for the acquisition, creation, preservation,
rehabilitation and restoration of land for recreational use; for the
acquisition, creation, preservation and support of community housing;
and for the rehabilitation or restoration of open space and community
housing that is acquired or created as provided in this section; provided,
however, that funds expended pursuant to this chapter shall not be
used for maintenance. With respect to community housing, the Community
Preservation Committee shall recommend, wherever possible, the reuse
of existing buildings or construction of new buildings on previously
developed sites. With respect to recreational use, the acquisition
of artificial turf for athletic fields shall be prohibited. The Community
Preservation Committee shall keep a full and accurate account of all
of its actions, including its recommendations and the action taken
on them and independent records of all appropriations or expenditures
made from the Community Preservation Fund. The Committee shall also
keep records of any real property interests acquired, disposed of
or improved by the city or town upon its recommendation, including
the names and addresses of the grantor's or grantees and the
nature of the consideration. The records and accounts shall be public
records.
[Amended 5-5-2014 ATM,
Art. 32]
C.
The Community Preservation Committee may include a
recommendation at Town Meeting 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 those specific purposes or to set
aside for later spending funds for general purposes that are consistent
with community preservation.
D.
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 consistent with the provisions in MGL
c. 44B.
A.
The Community Preservation Committee shall comply
with the provisions of the Open Meeting Law, MGL c. 39, § 23B.
The Committee shall not meet or conduct business without the presence
of a majority of the members of the Community Preservation Committee,
which shall constitute a quorum. The Community Preservation Committee
shall approve its actions by majority vote.
B.
Recommendations to the Town Meeting shall include
the Committee's anticipated costs.
This article may be amended from time to time
by a majority vote of the Town Meeting, consistent with the provisions
of MGL c. 44B.
In case any section, paragraph or part of this
article is, for any reason, declared invalid or unconstitutional by
any court, every other section, paragraph or part shall continue in
full force and effect.
Following Town Meeting approval, this article shall take effect immediately upon approval by the Attorney General of the Commonwealth, and after all requirements of MGL c. 40, § 32 have been met. Each appointing authority shall have 30 days after approval by the Attorney General to make its initial appointments. Should any appointing authority fail to make its appointment within that allotted time, the current acting Chairman on each of the seven groups listed under § 44-1, will sit on the Community Preservation Committee until another representative is appointed.
