[Adopted 4-26-2005 ATM
by Art. 21 (Art. XXIX of the Bylaws)]
[Amended 5-21-2012 ATM
by Art. 26]
A.
There is hereby established a Community Preservation Committee of
seven 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:
(1)
One member of the Conservation Commission, as designated by the Commission;
(2)
One member of the Historical Commission established pursuant to MGL
c. 40, § 8D, as designated by the Commission;
(3)
One member of the Planning Board, as designated by the Board;
(4)
One member of the Parks Committee, as designated by the Committee;
(5)
One member of the Affordable Housing Committee, as designated by
the Committee;
(6)
One member of the Open Space Acquisition Commission, as designated
by the Commission; and
(7)
One member of the Select Board.
[Amended 5-10-2021 ATM by Art. 44]
B.
Each member of the Community Preservation Committee shall serve for
a term of one year or until the person no longer serves on the designating
commission, board, or committee, whichever is earlier.
C.
Should any of the commissions, boards, authorities or committees
which have appointing authority under this bylaw be no longer in existence
for whatever reason, the Select Board shall appoint a suitable person
to serve in the place of said body's representative.
[Amended 5-10-2021 ATM by Art. 44]
D.
Any member of the Community Preservation Committee may be removed
for cause by his/her respective designating authority, after a 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 Open
Space Acquisition Commission, the Parks Committee, and the 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 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 of the Community Preservation
Fund for:
E.
Within every funding request made pursuant to § 7-16B or C, the Community Preservation Committee shall include the period of time within which the requested funds shall be expended. If after that time period as recommended by the Community has passed said funds shall be automatically returned to the Community Preservation Fund category from which said funding originated.
[Added 5-10-2021 ATM by Art. 38]
The Community Preservation Committee shall comply with the provisions
of the Open Meeting Law, MGL c. 30A, §§ 18 through
25. The Committee shall not meet or conduct business without the presence
of a majority of the members of the Community Preservation Committee.
The Community Preservation Committee shall approve its actions by
majority vote of the full Committee. Recommendations to the Town Meeting
shall include the anticipated costs of the recommendations.
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.
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 this bylaw is approved by the Attorney General,
this bylaw shall take effect upon acceptance of the Community Preservation
Act at the 2005 Annual Town Election, and after all requirements of
MGL c. 40, § 32 have been met. Each appointing authority
shall have 30 days after acceptance at the 2005 Annual Town Election
to make its initial appointments.
