Community Preservation Act

Community Preservation Act adopted in Provincetown MGL C.44B:

Voters at Provincetown's May 4, 2004 Annual Town Election adopted the Community Preservation Act by a vote of 636 to 456. By vote of the April 7, 2004 Special Town Meeting, 80% of CPA funds will be used for community housing. Read more.

Community Preservation Committee By-law approved by Attorney General. On July 6, 2004, the Attorney General approved the Voters at the April 7, 2004 Special Town Meeting approved the Community Preservation Committee by-law passed by the April 7, 2004 Special Town Meeting. Importantly, the Attorney General left intact Provincetown's requirement that 80% of CPA funds be used for housing. As such, we are the first community in the Commonwealth to have established this requirement. The by-law takes effect on July 22, 2004.

Learn more about the Community Preservation Act from the Community Preservation Coalition and the Commonwealth's Community Preservation Initiative.

Read a report and financial projections for Provincetown prepared by the. Town Manager.

Ø 100% State Matching Funds for CPA Purposes. State matching funds for communities which accept the CPA (MGL C.44B,§§3-7) are forecast to remain at 100% for the foreseeable future. At 3%, the CPA's property tax surcharge would raise $235,000 in Provincetown per year- producing a state match of nearly a million dollars every four years. These state and local funds together translate to total borrowing authority of $7.5-million for Provincetown for these CPA purposes: (1) the acquisition, creation, and preservation of open space -- which includes "land to protect existing and future well fields" and "aquifers and recharge areas"; (2) the acquisition, preservation, rehabilitation and restoration of historic resources; and (3) the creation and support of community housing. A minimum of 10% ($750,000) must be used for each of the three areas. The remaining 70% can be allocated for any combination of the allowed uses, or for land for recreational use. Thus, up to 80%, or $6-million, could be available for affordable housing. April 7, 2004 Special Town Meeting Article 1 approved a Community Preservation Committee by-law with the requirement that at least 80% of CPA funds be used for community housing.

Ø Authority to Acquire Out-of-Town Properties. CPA acceptance gives a town statutory authority to acquire property anywhere in the commonwealth for CPA purposes. Thus, were Provincetown to accept this act, it could use the CPA to acquire properties in Truro for the housing component of the Cape End Manor Care Campus site, as well as for well sites and well protection.

Ø Cape End Manor Care Campus Purchase. Further, Town Counsel is of the opinion that there would be nothing prohibiting us from structuring a land deal with a private property owner where he/she receives a total purchase price for total acres of a care campus site, but with Truro buying the acreage for the nursing home and rehab therapies for nominal consideration, and Provincetown buying the acreage for housing using CPA funds.

Ø Median Income Housing Needs Addressed. The community housing created and supported with CPA funds can benefit households earning up to median income-i.e., up to 100% of county median ($58,600), and not just 80% ($48,250). Such an expanded definition will allow us to better address the needs of Provincetown's year-round workforce, including town and school employees.

Ø Historic Preservation - Town Hall. A minimum of $750,000 would be available for the acquisition, preservation, rehabilitation and restoration of "historic resources''-which is defined as "a building, structure, vessel or real property that is listed or eligible for listing on the state register of historic places or has been determined by the local historic preservation commission to be significant in the history, archeology, architecture or culture of a city or town." Provincetown Town Hall qualifies, so the CPA is a funding source for the $620,000 needed for structural repairs, including new sills along the building's eastern foundation.

Ø Ballot Question; By-law Adoption. CPA acceptance is by ballot question at a regular local or state election. The May 4, 2004 Annual Town Election is our next opportunity. The ballot question is placed there either by a vote of town meeting held at least 35 days before (which our April 4, 2004 Annual Town Meeting just misses) or by a petition signed by 5% of the Town's registered voters (156 out of 3,125). Town Meeting would also have to enact a by-law establishing a Community Preservation Committee-- the only entity empowered to bring CPA spending recommendations to town meeting. See Ballot Question No. 2 on the May 4, 2004 Annual Town Election ballot.

Ø Housing: Reuse a Priority; Surplus Town Properties. "With respect to community housing," the CPA provides, "the community preservation committee shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on previously developed sites." Such development has the least impact on infrastructure and open space, as already recognized by our own meeting. Given these parameters-and because land costs are so high in Provincetown-we should focus our in-town affordable housing efforts on developing properties where no land acquisition costs are involved. This might include the reuse of such Town-owned property as 100 Alden Street (current manor), 330 Commercial Street (library), and/or 5 Holway Avenue (PHS annex)-- as well as properties donated for housing like the Cumberland Farms on Shankpainter Road. Of the $7.5-million available under the CPA, up to 80%, or $6-million, could be spent on affordable housing.

Ø Tax Exemptions for Residential Properties. Even though it is a 3% property tax surcharge, the full impact on our residential property taxpayers can be mitigated. The surcharge can be exempted in its entirety for property owned and occupied by persons who qualify for low income, and low and moderate income senior housing. Moreover, for all other residential properties, the first $100,000 of value can be exempted from the surcharge. For a residential property assessed at $300,000, its surcharge would be $33.42 per year; at $400,000, a surcharge of $50.

Public Forum on Community Preservation Act: Wednesday, April 28th at 6 p.m. at Town Hall. The Community Preservation Coalition made apresentation on adoption of the Community Preservation Act on Wednesday, April 28, 2004 at 6 p.m. Read more about the CPA. Hosted by Affordable Housing Task Force. Read about the public forum.

Much more information about the Community Preservation Act is available from the Community Preservation Coalition.

Questions or comments? Contact Provincetown Town Manager Keith A. Bergman.

	MGL Chapter 44B The Community Preservation Act
	Community Preservation Act Brochure, 2/28/2003
	Mass. EOEA Community Preservation Act Homepage
	Community Preservation Coalition