[HISTORY: Adopted by the Special Town Meeting
of the Town of Dennis 9-21-2004 by Art. 14. Amendments noted where applicable.]
A.
There is hereby established a Community Preservation
Committee consisting of nine voting members pursuant to the provisions
of MGL c. 44B, § 5, and Section 298 of Chapter 149 of the
Acts of 2004. The composition of the Committee, the appointing authority
and the term of office for the Committee members shall be as follows:
(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 Planning Board;
(4)
One member of the Select Board acting as Board of
Park Commissioners;
[Amended 10-3-2020 STM by Art. 12]
(5)
One member of the Housing Authority as designated
by the Authority; if the Housing Authority, upon the earliest of failing
to designate a representative after 60 days from the date of written
notification of a vacancy by the Chairman of the Community Preservation
Committee or written notice to the Select Board from the Housing Authority
that no Housing Authority member wishes to serve on the Community
Preservation Committee, the Select Board Members shall appoint a registered
voter of the Town of Dennis to this position;
[Amended 5-8-2018 ATM, Art. 11; 10-3-2020 STM
by Art. 12]
(6)
Four individuals to be appointed by the Select Board.
B.
Each member of the Committee shall serve for a term
of three years or until the person no longer serves on the above noted
commission, board or authority that they represent, whichever is earlier;
provided, however, that two of the Select Board's appointees shall
be appointed for initial terms of three years, one appointee shall
be appointed for an initial two years, and the final appointee shall
be appointed for an initial one year.
[Amended 10-3-2020 STM by Art. 12]
C.
Should any of the officers and commissions, boards
or authority under this bylaw be no longer in existence for whatever
reason, the Select Board shall appoint a suitable person to serve
in their place.
[Amended 10-3-2020 STM by Art. 12]
D.
Any member of the Committee may be removed for cause.
A.
The Community Preservation Committee (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 Select Board, 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 at least 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.
[Amended 10-3-2020 STM by Art. 12]
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, and for any other
purpose that is authorized under Section 298 of Chapter 149 of the
Acts of 2004. 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 Community Preservation Committee may include in
its recommendation to 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 and Section 298 of
Chapter 149 of the Acts of 2004.
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 in each of the following areas for (a)
open space (not including land for recreational use), (b) historic
resources, (c) community housing, or as otherwise authorized under
Section 298 of Chapter 149 of the Acts of 2004.
The Community Preservation Committee shall comply
with the provisions of MGL c. 39, § 23B (Open Meeting Law).
The Committee shall not meet or conduct business without the presence
of a majority of its members. The Committee shall approve its actions
by a majority vote. Recommendations made by the Committee to Town
Meeting shall include their anticipated costs.
This bylaw may be amended from time to time
by a majority vote of the Town Meeting, consistent with the provisions
of MGL c. 44B, § 5, and Section 298 of Chapter 149 of the
Acts of 2004.
In case any section, paragraph or part of this
bylaw 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 Town Meeting approves Article
14 of the September 21, 2004, Special Town Meeting to adopt Section
298 of Chapter 149 of the Acts of 2004, and voters of the Town at
the May 10, 2005, Annual Town Election approve adoption of same, this
bylaw shall take effect upon approval by the Attorney General of the
Commonwealth,[1] and after all requirements of MGL c. 40, § 32
have been met.
[1]
Editor's Note: This bylaw was approved by
the voters at the annual Town Election held 5-10-2005 and by the Attorney
General 6-10-2005.
