[HISTORY: Adopted by the Special Town Meeting
of the Town of Chelmsford 2-26-2001 by Art. 2. 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. The composition of the Committee, the
appointing authority and the terms of office for the Committee members
shall be as follows
A.
Membership.
(1)
One member of the Conservation Commission as designated
by the Commission;
(2)
One member of the Historical Commission as designated
by the Commission;
(3)
One member of the Planning Board as designated by
the Board;
(4)
The Public Works Director, whose responsibilities
include the duties of the Board of Park Commissioners, established
under MGL c. 45, § 2, or his designee;
(5)
One member of the Housing Authority as designated
by the Authority;
(6)
The Community Development Director;
(7)
One member of the Select Board, as designated by the
Select Board;
[Amended 6-17-2021 ATM by Art. 29]
(8)
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.
B.
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.
C.
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.
D.
Any member of the Committee may be removed for cause
by his or her 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 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.
B.
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.
C.
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.
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 for:
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.
B.
At the first meeting in each fiscal year, a chairman
of the Community Preservation Committee shall be elected by a majority
vote.
C.
The Community Preservation Committee shall approve
its actions by majority vote.
D.
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,[1] 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.
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{END OF CHAPTER}
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[1]
Editor's Note: The Community Preservation
Act was accepted 2-26-2001 STM by Art. 1.
