Community Preservation Act Committee
Public Hearing for FY23 Projects:
- September 1, 2021 (5:00 PM)
- Hearing will be held via remote participation, Zoom meeting information will be available in advance of hearing.
FY22 Application Deadline:
- November 1, 2021 at 4:00 PM
Community Preservation Committee By-Law
- Membership of the Committee. There is hereby established a Community Preservation Committee, consisting of nine (9) voting members pursuant to the provisions of G.L., c.44B, §5., appointed by the Board of Selectmen. The composition of the committee 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 as designated by said Board; one member of the Recreation Commission, as designated by said Commission; one member of the Eastham Housing Authority as designated by said Authority; one member of the Eastham Affordable Housing Task Force as designated by said Task Force; one member of the Open Space Committee as designated by said Committee; and two at large individuals. Each member of the Committee shall serve for a term of three years or until the person no longer serves in the position or on the board or committee as set forth above, whichever is earlier. Should any of the officers and commissions, boards, or committees who have recommending authority under this by-law be no longer in existence for whatever reason, the Board of Selectmen shall appoint a suitable person to serve in their place.
- Duties. 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 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.
- The Community Preservation Committee shall make recommendations to the Board of Selectmen and 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 affordable housing and for rehabilitation or restoration of such open space, historic resources, land for recreational use and affordable housing that is acquired or created as provided in this section. With respect to affordable housing, the Community Preservation Committee may recommend the reuse of existing buildings or construction of new buildings on previously developed sites.
- The Community Preservation Committee may include in its recommendation to the Board of Selectmen and 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.
- 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: (a) open space (not including land for recreational use), (b) historic resources, (c) affordable housing, or as otherwise authorized under Section 298 of Chapter 149 of the Acts of 2004.
- Requirement for a quorum and cost estimates. The Community Preservation Committee shall comply with the provision of the Open Meeting Law, G.L. c.39, §23B. 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 Board of Selectmen and Town Meeting shall include the committee’s anticipated costs.
- Amendments. This by-law may be amended from time to time by a majority vote of the Town Meeting, consistent with the provisions of G.L. c.44B.
- Severability. In case any section, paragraph or part of this by-law is for any reason declared invalid or unconstitutional by any court, every other section, paragraph or part shall continue in full force and effect.
- When Effective. Provided that Town Meeting approves Article 2 of the December 13, 2004 Special Town Meeting to adopt Section 298 of Chapter 149 of the Acts of 2004, and voters of the Town at the May 17, 2005 Annual Town Election approve adoption of same, this by-law shall take effect upon approval by the Attorney General of the Commonwealth and after all requirements of MGL.c.40, section 32 have been met. Each appointing authority shall have thirty (30) days after the effective date to make its appointments.
By-Law Adopted by Special Town Meeting on December 13, 2004. (Reverted back from Amendment adopted May 21, 2018 at the Board of Selectmen Meeting)
|Paul Lagg||Town Planner||508-240-5900, ext. 3228|
|Kait Logan||Open Space Representative||2024|
|Edmund Casarella||Recreation Commission Rep||2023|
|Daniel Coppelman||Chair Member-at-Large||2024|
|Sheila Filipowski||Conversation Commission Rep||2023|
|W. Davis Hobbs||Planning Board Rep||2024|
|Carolyn McPherson||Eastham Affordable Housing Rep||2024|
|Gerald Cerasale||Eastham Housing Authority Rep||2022|
|Mark Herman||Historical Commission Rep||2024|