A.
There is hereby established a Community Preservation Committee, consisting
of nine voting members pursuant to MGL c. 44B. The composition of
the Committee, the appointment 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
for a term of three years.
(2)
One member of the Historical Commission as designated by the Commission
for a term of three years.
(3)
One member of the Planning Board as designated by the Board for a
term of three years.
(4)
One member of the Park Commission as designated by the Commission
for an initial term of one year and thereafter for a term of three
years.[1]
[1]
Editor's Note: Original Sec. 1, sixth paragraph, regarding
the Housing Authority member, which immediately followed this section,
was repealed 11-15-2022 STM by Art. 8, AG approved 2-24-2023.
(5)
One member of the Open Space Committee as designated by the Committee
for an initial term of one year and thereafter for a term of three
years.
(6)
Four Lakeville resident-at-large members to be appointed by the Select
Board, one member to be appointed for a term of one year and thereafter
for a term of three years and three members to be appointed for a
term of two years and thereafter for a term of three years, provided
that one of the two-year appointments shall be an individual with
interest in the area of housing.
[Amended 11-8-2021 STM
by Art. 9, AG approved 12-15-2021; 11-14-2022 STM by Art. 8, AG
approved 2-24-2023]
B.
Each member of the Committee shall serve for the term specified above,
or until the person no longer serves on the board, committee, commission
or authority as set forth above, whichever is earlier.
C.
Should any of the commissions, boards, authorities, or committees
who have appointment authority under this chapter be no longer in
existence for whatever reason, the appointment authority for that
commission, board, authority or committee shall become the responsibility
of the Select Board.
[Amended 11-8-2021 STM
by Art. 9, AG approved 12-15-2021]
D.
Any member of the Committee may be removed for cause by their respective
appointing 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, and the
Park Commission, or persons acting in those capacities or performing
like duties, in conducting such studies. As part of its study, the
Committee shall hold one or more public informational hearings 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 11-14-2022 STM
by Art. 8, AG approved 2-24-2023]
B.
The Community Preservation Committee shall make recommendations to
the Town Meeting for the acquisition, creation and preservation of
open space, for the acquisition, preservation, restoration and rehabilitation
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, land for recreation 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 open space (not including land for recreational use); not
less than 10% of the annual revenues in the Community Preservation
Fund for historic resources; and not less than 10% of the annual revenues
in the Community Preservation Fund for community housing.
The Community Preservation Committee shall not meet or conduct
business without the presence of a quorum. A majority of the members
of the Community Preservation Committee shall constitute a quorum.
The Community Preservation Committee shall approve its actions by
majority vote. Recommendations to the Town Meeting shall include their
anticipated costs.
This chapter may be amended from time to time by a majority
vote of the Town Meeting, provided that the amendments would not cause
a conflict to occur with MGL c. 44B.
In case any section, paragraph or part of this chapter 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.
[Amended 11-8-2021 STM
by Art. 8; AG approved 2-24-2022]
This bylaw shall take effect upon the Town's acceptance of the
Community Preservation Act in accordance with the procedures set forth
in Chapter 44B of the General Laws and after all requirements of MGL
c. 40, § 32, have been met.
