4/5/2011 COMMUNITY PRESERVATION ACT COMMITTEE Minutes

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L19 G_'L Massachusetts Department of Revenue Division of Local Services ' g ane vi ge, me7ps8 er era erry, epu y mmisswner �''" °' d February 9, 2007 Mary Ellen Gattoni 342 Main Street Norfolk,MA 02056 Re: Community Preservation Act Our File No. 2006-230 Dear Ms. Gattoni: This is in reply to your letter questioning certain appropriations from the Community Preservation Fund that were voted by the Town of Norfolk at its 2006 annual meeting. You question whether Community Preservation Act (CPA)monies may be used to fund these projects. G.L. c.44B. We apologize for the delay in responding. The CPA is relatively new and as is usually the case, there are many issues regarding its interpretation and application with respect to particular projects. Many of the questions are very fact specific so we generally defer to municipal counsel to advise about the appropriateness of any given expenditures. The reason is that under the law,all CPA spending decisions are made locally and we do not have the power to invalidate any municipal appropriations from CPA fund monies (or any other municipal financing source). From the general information presented, however,the projects in question would appear to come within the purposes of the statute. Monies in the Community Preservation Fund may be used "for the acquisition,creation and preservation of open space;for the acquisition,preservation, rehabilitation and restoration of historic resources;for the acquisition,creation and preservation of land for recreational use; for the acquisition, creation, preservation and support of community housing; and for the rehabilitation or restoration of open space, land for recreational use and community housing that is acquired or created" under the act, (Emphasis added). G.L. c. 44B, §5(b)(2)• The first appropriation you question is to assist town residents and employees make a down payment on a home within the town. We understand there are various programs that provide such financial support to low and moderate-income persons seeking to own a home and in exchange, the municipality acquires an affordable housing restriction on the unit. As a result, the home becomes part of the community's affordable housing stock. This type of program would appear to be eligible for CPA funding since acquisition of property interests for affordable housing—in this case an affordable housing restriction—is clearly an allowable Post Office Box 9569,Boston,MA 02114.9569, Tel:617.626.2300;Far 617626.2330 14