10/17/2024 COMMUNITY PRESERVATION ACT COMMITTEE Minutes

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3 Community Preservation Committee Minutes October 17, 2024 APPOINTMENTS & HEARINGS Shirin Everett; Presentation by Town Counsel on Article 97: (contained) Also, it is not necessary to record a deed or a conservation restriction for land to be protected under Article 97. Discussion followed with respect to the use of CPA funds to purchase mitigation lands. This is a permissible use of CPA funds. Mitigation lands are required to be approved by the state, and an appraisal is required to ensure its monetary value, equal size, and natural resources. Community Preservation Committees in the Commonwealth often purchase land for multiple purposes such as community housing and open space. In this case, Article 97 does not apply. Land Bank land is noted to be land protected for conservation purposes, and it is thus automatically protected under Article 97. When land is originally acquired, a municipality can dedicate property to one or more Article 97 purposes. The legislative body must authorize the acquisition for an expressly-stated Article 97 purpose and dedicate the land to be used permanently for that purpose. If a municipality wished to dedicate property it already owns to one or more Article 97 purposes, it must take action to exhibit its intent to permanently protect the property. The legislative body should vote to dedicate the property for its purpose in perpetuity. The Community Preservation Committee expressed appreciation to Town Counsel for the informative presentation. A brief discussion followed with regards to the possible formation of a Land Acquisition Committee. OLD BUSINESS Update on CPC Articles for October 21, 2024 Town Meeting; 475 Nathan Ellis Highway: It was reported that a draft Purchase & Sale Agreement has been prepared by Town Counsel for the 475 Nathan Ellis Highway project. With regards to the October Town Meeting, it was noted the Finance Committee Blue Book has a typographical error that would be requested to be corrected on Town Meeting floor. The vote of the Select Board regarding this project was 4-0, not 2-2 as written. It was noted the owner of 475 Nathan Ellis Highway is preparing handouts for Town Meeting.