02/10/2021 COMMUNITY PRESERVATION ACT COMMITTEE Minutes

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3 Community Preservation Committee Minutes February 10, 2021 Review and discussion of opinion from Town Counsel regarding Gooseberry Island: Correspondence was received from Town Counsel Patrick J. Costello dated February 3, 2021 responding to questions that arose at the last meeting regarding process. It was affirmed the Community Preservation Committee must make a recommendation to Town Meeting before Town Meeting can take action and approve the use of CPA funding. In considering the acquisition of land for community preservation purposes, as recommended by the CPC,the CPC is exempt from procurement requirements, and real property cannot be acquired for a price in excess of the appraised value. With regards to an eminent domain taking for the purposes of community preservation and upon the recommendation of the CPC, a city or town may take by eminent domain under Chapter 79, the fee or any lesser interest in real property or waters located in such city or town if such taking has first been approved by a two-thirds vote of the legislative body. Upon a like recommendation and vote, the town may expend monies in the Community Preservation Fund, if any, for the purpose of paying in whole or in part, any damages for which a city or town may be liable by reason of a taking for the purposes of community preservation. The recommendation of the CPC is a prerequisite to Town Meeting taking action which is for the purpose of community preservation as noted above. In the aspect of liability and potential litigation to expend CPA funds for monetary damages associated with the reason for taking it was disclosed CPC funds would be legally encumbered or obligated to satisfy monetary damages resulting from a taking only to the extent that such CPA funds have been duly appropriated for this purpose. Taking damages are generally determined by a professional appraisal of the acquired property. The Town will typically award"pro tanto" damages to parties with an interest in the subject real property upon executing a taking order based upon such an independent appraisal. Damages would obligate the Town, not the CPC,to fund such legal costs and additional damage award. It would not legally require CPA funds to be appropriated for this purpose, however, there may be an expectation that CPA funds be utilized for these supplemental costs. It was noted the appraisal of Gooseberry Island when received would be shared and discussed with Community Preservation Committee members. It is the responsibility of the applicant,the Conservation Commission to provide a more detailed application to include the total cost of the project for funding consideration at the October 2021 Town Meeting. Mrs. Thayer present.