Community Preservation Act & Committee Overview

The Community Preservation Act (CPA) is a state law designed to help communities plan ahead for sustainable growth. The CPA allows towns to levy a community-wide property tax surcharge of up to 3% for the purpose of creating a local Community Preservation fund that can qualify for state matching funds. The fund must be used to acquire and protect Open Space and recreation lands, preserve Historic Buildings, Documents and Landscapes, and create and maintain Community Housing.

Responsibilities of the CPC

The state bylaw or ordinance establishing the CPC also serves to enumerate the responsibilities of the CPC. These three responsibilities are outlined in Sections 5(b) and 5(c) of the CPA statute.

  1. Develop a Community Preservation Plan- Study the needs, possibilities and resources of the community with regards to community preservation. In performing this research function, the CPC must meet and consult with town departments and other committees to get their input, and must hold at least one public hearing annually to get input from the general public. The public hearing must be posted publicly and advertised for two weeks preceding the public hearing in a local newspaper of general circulation. Following its research, the CPC is responsible for developing a local CPA plan to guide its decision-making on CPA project proposals. The CPC adopted 5 Year CPA Plan in March 2022.
  2. Review and Recommend CPA Projects- Accept project proposals from the community, and conduct a thorough review of them, with the aim of selecting the most compelling projects for recommendation to Town Meeting. Project proposals can be submitted to the CPC twice a year.  Once the CPC has voted on a slate of projects to recommend, along with the specific dollar amounts and CPA funding sources it recommends to complete them, it forwards these to the town meeting for action. As part of preparation for town meeting, a representative of the CPC makes a presentation to the Select Board and the Finance Committee to describe project recommendations in the CPC warrant article and the reasoning behind its choice of that particular group of projects.
  3. Keep Records and Report on the CPA Budget- Keep records of all CPC meetings, proposals, and recommendations, and to submit a CPA budget annually to the legislative body. 

History

In Brewster, the CPA replaced the Cape Cod Land Bank, which had previously funded Open Space acquisitions. The Act also created a State fund which will provide the Town with matching funds. The state match varies from year to year.

Property taxes traditionally fund the Town's day-to-day operating needs of safety, health, schools, roads, maintenance. - and more. The 3% CPA property tax surcharge generates additional needed revenue to meet Open Space, Community Housing, Historic Preservation, and Recreation goals.

CPC Administrative Funds

In order to fund the work of the CPC, the CPA statute specifies that the committee may use up to 5% of the community's annual CPA revenues each year. Town Meeting must approve these monies annually. The CPC’s administrative funds can be used for the same kinds of expenses budgeted for any town department or committee to carry out its mission each year, such as employee salaries, office expenses and contractual services.

How does the CPA work in Brewster?

In May of 2005, Brewster voters approved a ballot question which allowed for the adoption of the modified Community Preservation Act (CPA).  The act appropriates a 3% surcharge on the town’s real estate tax revenues, which are reserved in a special fund in order to finance projects and programs for the purposes of preservation of open space, recreation, community housing, and historic preservation. Brewster is also eligible to receive up to 100% in matching funds from the State, although we anticipate a reduced reimbursement rate from the State for upcoming fiscal years.  In Fall 2022 Brewster adopted, through a local bylaw, a distribution schedule for the annual CPA funds beginning in FY24 as follows:

  • 10% of the funds for open space and recreation,
  • 10% for community housing, 
  • 10% for historic preservation, and the
  • 70% undesignated reserve balance is available for any CPA eligible project.

 The 2022 bylaw also established a non-binding 2023-2027 Target Allocation Policy as follows: 

  • 30% for Open Space,
  • 30% for community housing,
  • 10% historic preservation,
  • 10% recreation, and
  • 20% for any CPA eligible project.

This gives Brewster the opportunity to determine its priorities, plan for its future, and generate funds to implement those plans.