[HISTORY: Adopted by the Special Town Meeting of the Town of Chelmsford 2-26-2001 by Art. 2. Amendments noted where applicable.]
Conservation Commission — See Ch. 20.
Historic District — See Ch. 68.
There is hereby established a Community Preservation Committee, consisting of nine voting members, pursuant to the provisions of MGL c. 44B, § 5. The composition of the Committee, the appointing authority and the terms 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 Board;
The Public Works Director, whose responsibilities include the duties of the Board of Park Commissioners, established under MGL c. 45, § 2, or his designee;
One member of the Housing Authority as designated by the Authority;
The Community Development Director;
One member of the Board of Selectmen, as designated by the Board of Selectmen;
Two citizens of the Town of Chelmsford, to be appointed by the Town Manager, who are neither a municipal employee of the Town or an elected or appointed Town official, except that they may be Town Meeting members.
Each member of the Committee shall serve for a term of three years or until the person no longer serves in the position or on the board or committee as set forth above, whichever is earlier.
Should any of the officers. and commissions, boards or committees listed in this section no longer be in existence for whatever reason, the Town Manager shall appoint a suitable person to serve in his or her place.
Any member of the Committee may be removed for cause by his or her respective appointing authority after hearing.
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 Department of Public Works, 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 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. 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.
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 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.
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:
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.
At the first meeting in each fiscal year, a chairman of the Community Preservation Committee shall be elected by a majority vote.
The Community Preservation Committee shall approve its actions by majority vote.
Recommendations to the Town Meeting shall include the Committee's anticipated costs.
This chapter 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 chapter 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 the Community Preservation Act, MGL c. 44B, is accepted at the 2001 Annual Town election, this chapter shall take effect 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 appointments.
Editor's Note: The Community Preservation Act was accepted 2-26-2001 STM by Art. 1.