[HISTORY: Adopted by the 11-15-2004 Fall Yearly
Town Meeting, Art. 13. Amendments noted where applicable.]
[Amended 5-7-2012 ATM, Art. 36; 11-13-2017 FYTM, Art. 13; 11-14-2022 FYTM , Art. 5]
There is hereby established a Community Preservation
Committee, consisting of nine voting members pursuant to the provisions
of Section 298 of Chapter 149 of the Acts of 2004, as amended by Sections
129 through 133 of Chapter 352 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; one member of the Conservation
Commission, as designated by said Commission; one member of the Historical
Commission, as designated by said Commission; one member of the Planning
Board, designated by the said Board; one member of the Recreation
Commission, as designated by the Commission; one member of the Brewster
Housing Authority, as designated by said Authority; and four individuals
to be appointed by the Select Board. Each member of the Committee
shall serve a term of three years or until the person no longer serves
in the position or on the board or on the Committee as set forth above,
whichever is earlier; provided, however, that the initial appointments
shall be staggered so that the members designated by the Conservation
Commission, the Housing Authority and the Historical Commission shall
each be initially appointed for a three-year term, the members designated
by the Planning Board and Recreation Commission, and one of the members
appointed by the Select Board, shall each be initially appointed for
a two-year term, and the remaining three members appointed by the
Select Board shall be initially appointed for a one-year term; thereafter,
all members shall be appointed for three-year terms. Should any of
the officers and commissions, boards or committees who have appointing
authority under this chapter be no longer in existence for whatever
reason, the Select Board shall appoint a suitable person to serve
in their place. Any member of the Committee may be removed by the
Selectmen, with prior notice to the member and a hearing, for good
cause.
[Amended 11-14-2022 FYTM, Art. 5
A.
Annually,
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 Recreation Commission, the Historical Commission,
the Planning 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 one or more public
informational hearings, 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.
Every five years ending in 2 and 7:
(1)
The Committee shall conduct a public process to develop a Community
Preservation Plan ("CPP") establishing goals for expenditures in each
of the eligible categories. The CPP shall include a Target Allocation
Policy ("TAP") setting forth non-binding guidelines for the next five
years for the allocation of CPA funds amongst eligible expenditure
categories, expressed as percentages of estimated annual revenues.
[Amended 11-14-2022 FYTM, Art. 5]
The Community Preservation Committee shall make
recommendations no less than annually 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.
[Amended 11-14-2022 FYTM, Art. 5]
A.
Annual Minimum Recommendations. As required by MGL c. 44B § 6,
in every fiscal year, the Community Preservation Committee shall recommend
that Town Meeting spend, or set aside for future spending, the fixed
figure of 10% of CPA estimated annual revenues in the Community Preservation
Fund for open space and recreation purposes, not less than 10% of
CPA estimated annual revenues for community housing purposes, and
not less than 10% of CPA estimated annual revenues for historic resources
purposes.
B.
For the fiscal years FY24 through FY27, and until otherwise voted
by Town Meeting, the non-binding TAP shall be as follows: 30% open
space; 30% community housing; 10% recreation; 10% historic preservation,
and 20% to be allocated as recommended by the CPC. Actual CPC recommendations
may vary from the non-binding percentages set forth in the TAP.
[1]
Editor's Note: Former § 17-5, When effective, was
repealed 11-14-2022 FYTM, Art. 5.
It is hereby declared that the provisions of Chapter 17, §§ 17-1 through 17-5, are severable, and if any provision hereof or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions hereof or applications thereof which can be given effect without the invalid provision or application.
