[MassHistPres] [MassPlanners] CPA funds for properties owned by churches/religious denominations

[Garrett Laws]

All,

Take a quick read of the case / application of the church.

https://law.justia.com/cases/massachusetts/supreme-court/2018/sjc-12274.html

It appears that the church stated that their declining membership could NOT
afford the work to be done with requested CPA funds and thus brought into
the conversation more than just the work that the CPA funds would be used
for...

Cheers,
Garrett Laws

The Copper & Slate Company, Inc.
Fine Roofing and Exterior Finish Carpentry
238 Calvary Street,
Waltham, MA 02453
Office: (781) 893-1916

*LEAD FREE SINCE 2008*

 Work we do:

https://photos.google.com/share/AF1QipP25cjZU2PWmMSCvOwtzV-eNvpIKsod3KMlgk-lQjkxQX0vvAtOaHR-cPAJhjBJIA?key=X1ZWZENYQV9XdHlydjZwZWZYdlZnVEVTSkdmQk5B

https://photos.google.com/share/AF1QipNIUYHEIsrRiwNl4Qyoi1ClcAix-J_fcjxkUBoNdC2JLVesjq--Apn8RfkLoH2TPA?key=cXNLN2tRbDJDYVhCeGd0UmxDS01ZdlplSUhIdHhR

https://photos.google.com/share/AF1QipOvDwOwOK9RTEX0AH18Y4--r3jmEP23luuSsboZQTay1hWl2DYvkPlXirhc6uOryg?key=X3BXeDVuY3hXaVZvLUE0YkxDTjhBc0s0VjhFZzhB

 Where we've worked over the years:
http://maps.google.com/maps/ms?ie=UTF8&hl=en&msa=0&msid=206210316541901083869.00049065ef8543e1ef9c3&ll=42.40115,-71.126862&spn=0.125241,0.289421&t=h&z=12


On Mon, Oct 22, 2018 at 9:02 AM Irene Del Bono <idelbono at verizon.net> wrote:

> Betsy,
>
> You may want to proceed with caution - Caplan v. Town of Acton is a recent
> case that discussed whether and when public monies (CPA funds) may be used
> for properties owned by churches/religious denominations. It provided no
> bright line rules, but it would be worth doing some inquiries to avoid any
> violations of the Anti-Aid Amendment.
>
>
> http://communitypreservation.org/sites/default/files/Patrick%20Moore%20Bullet%20Point%20Summary%20-%20Caplan%20v.%20Town%20of%20Acton%20Handout.pdf
>
> Irene DelBono
> Attorney at Law
> 24 Nern Street
> Natick, MA 01760
> 508-655-1959
>
>
> -----Original Message-----
> From: Elizabeth Ware <eware at dracutma.gov>
> To: masshistpres at cs.umb.edu <masshistpres at cs.umb.edu>; massplanners <
> massplanners at cs.umb.edu>
> Sent: Fri, Oct 19, 2018 3:50 pm
> Subject: [MassPlanners] Memorandums of Agreement
>
> I am working with Dracut’s Community Preservation Committee (CPC) and a
> local church, who is willing to work with the town and others on acquiring
> and rehabilitating  a local grange hall that the grange committee no longer
> wants to manage and maintain.  The Grange was constructed in 1905, is well
> built and is located in the center of town.
>
> The Church is proposing to use the Grange Hall as a community center and
> meeting place, and is willing to give the town free use of the building in
> exchange for a significant amount of CPA funds.
> I am working on a MOU between the Town and the Church and am wondering if
> anyone has a really good MOU that they may be willing to share with me.
>
> Many thanks,
>
> Betsy Ware
>
> Director of Community Development
> Town of Dracut, MA.
> Telephone: 978453-4557
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