[Adopted 10-25-2002 ATM by Art. 28 (Ch. 41 of the 1999 Code)]
A. 
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 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 Board;
(4) 
One member of the Housing Authority as designated by the Authority;
(5) 
One member of the Select Board (inasmuch as the Select Board has responsibility for the duties of the Board of Park Commissioners) as designated by the Select Board;
(6) 
Four members to be appointed by the Select Board.
B. 
Members of the Committee shall serve for staggered terms of three years or until the person no longer serves in the position or on the board or committee by which they were appointed, whichever is earlier, with terms for three members expiring each year.
C. 
Should any of the officers, boards, authorities, or committees who have appointing authority under this bylaw be no longer in existence for whatever reason, the Town Manager shall appoint a suitable person to serve in their place.
D. 
Any member of the Committee may be removed for cause by their respective appointing authority after hearing.
[Amended 10-18-2025 ATM by Art. 10]
A. 
The Community Preservation Committee shall study the needs, possibilities and resources of the Town regarding community preservation, including the consideration of regional projects for 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, preservation, rehabilitation and restoration of historic resources, for the acquisition, creation, preservation, rehabilitation and restoration of land for recreational use, for the acquisition, creation, preservation and support of community housing and for the rehabilitation or restoration of such open space and community housing that is acquired or created as provided in this section; provided, however, that funds expended shall not be used for maintenance. 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. With respect to recreational use, the acquisition of artificial turf for athletic fields shall be prohibited.
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:
(1) 
Open space (not including land for recreational use);
(2) 
Historic resources; and
(3) 
Community housing.
E. 
The Community Preservation Committee may recommend and Town may approve appropriations from the fund to acquire land, or real property interests therein, held for railroad purposes to be used by the Town for recreational use as a rail trail as defined in MGL c. 82, § 35A. Notwithstanding Subsection (a) of MGL c. 44B, § 12, land, or real property interests therein, acquired pursuant to this subsection shall remain subject to any property interest, including restrictions or reversionary interests, required to be held by the grantor or the United States pursuant to the federal National Trails System Act of 1968, as amended. Notwithstanding the definition of "real property interest" in MGL c. 44B, § 2, land, or real property interests therein, acquired pursuant to this subsection shall be considered a real property interest for purposes of this chapter, and a conservation restriction that meets the requirements of MGL c. 184, §§ 31 to 33, inclusive, shall be required.
[Amended 10-18-2025 ATM by Art. 10]
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. Recommendations to the Town Meeting shall include the Committee's 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.
In case any section, paragraph or part of this bylaw be for any reason declared invalid or unconstitutional by any court, every other section, paragraph or part shall continue in full force and effect.