[MassHistPres] Community Preservation Act-Description and Case Studies

Fri Mar 14 07:07:07 EDT 2008

Hi Judy/Chris,

I'd be careful about how I worded this one part...

"Up to 5% of annual CPA revenues may be used to fund CPA project costs"

I suspect you are referring to the (up to) 5 % Administrative funding that can be appropriated by the voters for use by the CP Committee for administrative purposes.

You might want to tweak the wording quoted above...

Best,
H. LaCortiglia
Chairman, Georgetown CPC
http://www.georgetowncpc.com

Judy Markland wrote:
> Chris,
> Several things that might be helpful to add to this definition:
>     * CPA funds need not be spent in the year they are raised.
>     * Up to 5% of annual CPA revenues may be used to fund CPA project costs
>     * The CPA does not count against the 2 1/2% tax increase limitation.
>     * Communities may borrow to fund CPA projects and pledge future CPA 
> revenues to repay the debt.
>     * Municipalities may change the CPA surcharge at any time and may 
> cancel it entirely after 5 years - if there is no outstanding borrowing.
>     * CPA funds may be used for restoration and rehabilitation of historic 
> resources, but not for ongoing maintenance.
>
> You can find a data base of CPA projects through FY 2006 at 
> communitypreservation.org.
>
> Judy Markland
> Whately Historical Commission
>
> At 02:44 PM 3/11/2008, Chris Skelly wrote:
>   
>> 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
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>> variety of topics.  For additional information, please contact me about
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