4/5/2011 COMMUNITY PRESERVATION ACT COMMITTEE Minutes

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Massachusetts Department of Revenue Division of Local Services *n LeBovidge.Commissioner osep essey,Jr.,Deputy Commissioner as d June 11, 2002 Marie Chiofolo, Acting Chairman Community Preservation Committee 1 Liberty Lane Re: Community Preservation Act Norfolk MA 02056 Our File No. 2002-379 Dear Ms. Chiofolo: You asked that we review a list of eleven projects that the town's Recreation Department proposes financing with monies raised under the Community Preservation Act (CPA) and advise whether the town may do so. it appears that a number of the projects may involve installations and improvements to one or more existing town recreational facilities. We do not know all of the details for each project, but we can offer general guidelines to assist you evaluate whether a proposal may be financed with community preservation fund monies. With respect to recreational purposes, the CPA provides that monies in the community preservation fund may be used "for the acquisition, creation and presemntion of land for recreational use ... and for the rehabilitation or restoration of such ... land for recreational use ... that is acgrtired or created" under the act. (Emphasis added). G.L. Ch. 41B §5(b)(2). "Acquisition" can include obtaining a fee or lesser interest in the land, including a lease, and "preservation" is defined quite narrowly to mean protection of property from injury, harm or destruction, but not including maintenance. G.L. Ch. 44B §2. The act does not specifically define the term "creation," but we presume the Legislature intended the term to be given its ordinary and generally understood meaning as bringing into being,causing to exist or production. American Heritage Dictionary 338 (2^d New College Edition 1985); Black's Law Dictionary 410 (411, ed. 1968). Only those recreational properties acquired or created with fund monies may be rehabilitated or restored using such monies. According]),, we think the town may spend fund monies to do the following: 1. Acquire real property and develop it as a recreational site. 2. Acquire an existing recreational site and rehabilitate or restore it as needed. 3. Develop a recreational use on any real property owned by the town before adoption of the CPA, or acquired with other municipal funds, that is not already dedicated to recreational use. Post 0fAce Box 9490.Boston,MA 02205-9490,Tela 617.626.2300;Fax:611.62&2330 17