[MassHistPres] Community Preservation Act-Description and Case Studies

[Chris Skelly]

COMMUNITY PRESERVATION ACT - FOR UPDATE OF PRESERVATION THROUGH BYLAWS
AND ORDINANCES GUIDEBOOK
I would appreciate your review and comments on the one page definition
we have prepared.  In addition, I am looking for case studies to include
in our guidebook where the community preservation act helped to protect
historic and cultural resources.
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What is the Community Preservation Act?
The Community Preservation Act (M.G.L. Chapter 44B) establishes a
mechanism by which cities and towns can develop a fund dedicated to
historic preservation, open space and affordable housing.  Local funds
are collected through a .5% to 3% surcharge on each annual real estate
tax bill.  The amount of the surcharge is determined as a ballot
question proposed at a municipal election.  At the state level, the
Commonwealth has established a dedicated fund which is used to match up
to 100% of the municipality's collections under the CPA.  The state
match can vary depending on the funds collected through the CPA trust
fund.  

How is it adopted?
Adoption of the Community Preservation Act is a two step process
requiring a majority vote of a ballot question at a municipal election
and an article at Town Meeting or City Council.  The ballot question
establishes the municipality's willingness to accept the real estate tax
surcharge at the specified percent.  The Town Meeting or City Council
approval establishes the bylaw to adopt a local Community Preservation
Committee for which only a simple majority is required.  

How does it work?
Adoption of the Community Preservation Act by a city or town fosters
partnerships among historic preservationists, conservationists and
affordable housing advocates.  At least 10% of the funds must be used to
preserve historic resources; at least 10% must be used to protect open
space; and at least 10% must be used to advance affordable housing.  The
remaining 70% must be used for one of these three uses as well as
recreational needs and can be distributed in varying proportions
depending upon the projects that the town or city believes are
appropriate and beneficial to the community.  

The Community Preservation Committee (CPC) that is established by the
Town Meeting or City Council vote must have at least five members and no
more than nine members with representation from the conservation
commission, historical commission, housing authority, planning board,
and parks commission.  This Committee is charged with developing a
community preservation plan and with reviewing requests for funding.
Each project must be approved by the CPC and then submitted to the
legislative body - Town Meeting or City Council - for approval of
expenditure of CPA funds, again requiring a simple majority.  In this
way, the municipality continues to participate in the disposition of
these funds.

Cities and Towns that have adopted the CPA find it to be an excellent
funding source for many preservation projects.  Some examples of
historic preservation projects eligible for CPA funding include
inventories of community-wide historic resources, National Register
nominations, cemetery preservation, open space acquisition including
cultural landscapes, preservation and restoration of public buildings
and purchase of preservation restrictions. 
For additional information about the CPA, refer to
www.communitypreservation.org.

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PRESERVATION THROUGH BYLAWS AND ORDINANCES
The Massachusetts Historical Commission is updating our guidebook
entitled "Preservation through Bylaws and Ordinances - Tools and
Techniques for Historic Preservation Used by Municipalities in
Massachusetts."  This guidebook contains descriptions on the variety of
local bylaws and ordinances currently in use in Massachusetts for
protecting historic resources and community character.  The guidebook
describes how each bylaw functions, includes a list of municipalities
that have passed each bylaw and summarizes success stories from around
the state.  Originally prepared in 1998, the guidebook has been
incrementally revised since then.  The current version of the guidebook
can be viewed online at http://commpres.env.state.ma.us/content/ptbo.asp

With assistance from a consultant team, the guidebook is undergoing
substantial revisions.  These include revising the bylaw descriptions,
researching new case study success stories and updating the list of
cities and towns with each bylaw.  

Each bylaw will have the following:
The first page will be a bylaw description summary that can fit on one
page.  The next two pages will include case study success stories with
text and photographs.  The fourth and last page will be the list of
municipalities with each bylaw.  

The draft list of bylaws to include in the guidebook is below:  
Accessory Apartment Use
Affirmative Maintenance Bylaws
Archaeological Protection
Architectural Conservation Districts
Community Preservation Act
Demolition Delay
Design Review
Down Zoning
Downtown Revitalization
Flexible Zoning
Local Historic Districts
Open Space Residential Design
Phased Growth
Planned Unit Development
Right-to-Farm
Scenic Overlay
Scenic Roads
Site Plan Review
Transfer of Development Rights
Transportation Corridor Overlay
Upper Elevation Protection
Up Zoning
Village Center Zoning

Christopher C. Skelly
Director of Local Government Programs
Massachusetts Historical Commission
220 Morrissey Boulevard, Boston, MA 02125
Ph: (617) 727-8470 / Fax: (617) 727-5128
Christopher.Skelly at state.ma.us
http://www.sec.state.ma.us/mhc/mhcidx.htm
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