[MassHistPres] Community Preservation Act-Description and CaseStudies

[Marcia Starkey]

Inclusion of the provision for exemptions seems important.
Marcia Starkey
----- Original Message ----- 
From: "Chris Skelly" <Skelly-MHC at comcast.net>
To: <masshistpres at cs.umb.edu>
Sent: Tuesday, March 11, 2008 1:44 PM
Subject: [MassHistPres] Community Preservation Act-Description and 
CaseStudies


> 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.
> ******************************************************
> 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.
>
> *******************************************************
> 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
> *******Stay Informed on Historic Preservation Topics by joining the
> MassHistPres Email List. Visit
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> information. ******MHC offers regional training workshops to local
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> variety of topics.  For additional information, please contact me about
> the MHC On the Road program.*******
> ******************************
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>