[Added 3-30-2005 ATM by Art. 8[1] ]
[1]
Editor's Note: The motion adopting this bylaw
also provided that the bylaw shall not take effect unless and until
such time as Sections 3 to 7, inclusive, of Chapter 44B of the General
Laws (the Massachusetts Community Preservation Act) are accepted by
the Town. Said MGL c. 44B, §§ 3 to 7 were accepted
by the Town 3-30-2005 ATM by Art. 7. This action was submitted for
acceptance to and approved by the voters of the Town at the Annual
Town Election held 3-6-2006.
A.
There is hereby established a Community Preservation
Committee pursuant to Section 5 of Chapter 44B of the General Laws
(the "Act") consisting of nine members. The Select Board shall appoint
three members of the Community Preservation Committee and the following
bodies shall each select one of its members for membership on the
Community Preservation Committee: the Conservation Commission, the
Planning Board, the Recreation Committee, the Historical Commission,
the Housing Authority and the Housing Partnership. Each appointing
body shall make the required appointments of members to serve the
initial term on the Community Preservation Committee not later than
30 days after the effective date of this bylaw and shall make the
required appointments to serve each subsequent term not later than
the date on which the term of the previously appointed member expires.
[Amended 3-27-2019 ATM by Art. 34]
B.
The initial term of each member of the Community Preservation
Committee shall commence upon appointment and expire on June 30, 2007.
The terms of each member of the Community Preservation Committee appointed
thereafter shall be for two years commencing on June 30 in the year
in which they are appointed and expiring on the second anniversary
thereof. Mid-term vacancies shall be filled by the body that appointed
the member who created the vacancy by appointing another member in
accordance with this section to serve on the Community Preservation
Committee for the remainder of the unexpired term. Each appointment
of a member to the Community Preservation Committee shall be by majority
vote of the appointing body, a certified copy of which vote shall
be sent by the clerk of the appointing body to the Town Clerk.
The Community Preservation Committee shall not
meet or conduct business without the presence of a quorum, which shall
consist of a majority of its members. The Community Preservation Committee
shall approve its actions by majority vote.
A.
The Community Preservation Committee shall study the needs, possibilities and resources of the Town regarding community preservation. In conducting such study, the Community Preservation Committee shall consult with the appointing bodies identified in § 29-23 of this bylaw and shall hold at least one annual public informational hearing 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 the 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, preservation, rehabilitation
and restoration of properties and real property interests, as provided
in the Act, which recommendations may include setting aside funds
for later spending for purposes that are consistent with the Act.
The recommendations made by the Community Preservation Committee shall
include the anticipated costs of such recommendations.
[Amended 3-27-2019 ATM by Art. 34]
The Select Board shall insert an article in
the warrant for each Annual Town Meeting, and for any Special Town
Meeting upon the written request of the Community Preservation Committee,
to enable Town Meeting to make appropriations for community preservation
purposes recommended by the Community Preservation Committee for the
current or next fiscal year. The community preservation purposes recommended
by the Community Preservation Committee to be funded from the Community
Preservation Fund shall be in addition to and coordinated with the
annual report of recommended capital expenditures prepared by the
Capital Expenditures Committee, and the Capital Expenditures Committee
shall state whether it endorses each recommendation of the Community
Preservation Committee.
At all times this bylaw shall be interpreted
in a manner consistent with the Act. In case any section, paragraph
or part of this bylaw be for any reason declared invalid or unconstitutional
by any court of last resort, every other section, paragraph or part
shall continue in full force and effect.
