Community Preservation Act
The Community Preservation Act (CPA) is a Massachusetts State Act which enables a community to create a local fund to protect its natural and cultural resources, by adding a surcharge to local real estate taxes. In Billerica, the surcharge is 1%. Exemptions apply.
The local CPA fund receives yearly guaranteed disbursement matches from a statewide trust fund, the revenues of which are derived from a surcharge the Commonwealth places on (real estate) transaction fees at the Registry of Deeds – but only cities and towns that adopted CPA receive a disbursement match. Since CPA was signed into law in 2000, 175 communities have adopted it and benefited from it. Billerica citizens voted to adopt it on Election Day, November 8, 2016.
For more information regarding the Act, visit the Community Preservation Coalition website. Please, visit us on Facebook!
Application Information
We recommend you contact staff to discuss your project before you apply. Below are the relevant documents you will need.
Once the CPA project is approved by Town Meeting, a grant agreement will be created and signed by both parties.
If the project set forth is a private historic restoration project, the following restriction agreement document will need to be completed by the applicant and submitted to the Massachusetts Historical Commission for approval.
The Community Preservation Committee (CPC) generally recommends projects at Annual Town Meeting each spring, however it can review projects at other times. Contact staff to discuss timing of your application.
The Community Preservation Committee (CPC) is an appointed committee with members representing the Finance Committee, Concseravtion Committee, Historical Commission, Planning Board, Recreation Commission, Housing Authority Board, Town Meeting, and the Select Board. Each appointed member serves a term of three years. Additionally, the Chief Assessor is a statutorily required member of the Committee.
The CPC meets on the second Thursday of each month at 6pm via Zoom. but that time can be amended by a consensus of the committee at any point. The flow of Committee business begins in June and ends the following May at Spring Town Meeting.
The CPC is responsible for reviewing all applications and making recommendations to Town Meeting as to which applications should be considered for funding. Applications and information can be found on the CPC page or by contacting CPC staff in the Planning and Community Development Department in Town Hall at 365 Boston Road, Billerica.
To facilitate the process of meeting its goals, the CPC has adopted the following Guiding Principles:
- Protect Billerica’s character through strategic use of Community Preservation funds be compatible with the goals identified in Billerica’s Master, Open Space and Recreation, and Housing Production plans.
- The strategic planning will also use the professional expertise of all applicable town-sanctioned boards and entities, as well as from town residents.
- Plan for development and redevelopment should be in areas where adequate infrastructure is already available or can be upgraded without causing damage to natural resources.
- Implement the duties of the Billerica Community Preservation Committee as set forth in Article 42 of the Town of Billerica’s By-laws: “The CPC shall make recommendations to Town Meeting for the acquisition creation and preservation of open space; for the acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, creation, preservation, rehabilitation and restoration of land for recreational use; for the acquisition, creation, preservation and support of community housing; and for the rehabilitation or restoration of open space and community housing that is acquired or created with Community Preservation Funds.”
The application process for CPC funding is broken down into four phases.
- Phase One: Project Eligibility Determination
- Phase Two: Application Submission and Committee Review
- Phase Three: Project Recommendations to Town Meeting
- Phase Four: Town Meeting Vote
PHASE ONE – Project Eligibility Determination
The CPC reviews project eligibility on a rolling basis between August and November. All prospective applicants must submit the one-page Project Eligibility Determination Form to the Planning Department.
- Applications are reviewed by CPC and Planning staff to determine eligibility.
- Applicants will be invited to a CPC meeting to explain the purpose and extent of their project and to respond to any questions or comments the Committee members may have. The committee will then vote to confirm the project’s eligibility.
- Projects deemed eligible will have to complete a full application to be considered for funding (See Phase Two). Projects deemed ineligible are welcome to submit a new Eligibility Determination Form to be included in the next round of funding.
PHASE TWO – Application Submission and Committee Review
- Applicants must submit a full application (One (1) hardcopy as well as a digital copy – see Application Requirements and Attachments below for more details) to the Planning Department and filed with the Town Clerk by December 31st to be considered for CPC funding.
- Applications should include letters of support from relevant town departments, commissions, or boards. Where possible, the applicant should provide a quote for the proposed work or, if a quote is not available, estimate costs to the best of their ability.
- The CPC reviews project applications between January and February to determine funding priorities. Applicants shall attend CPC meetings to present their application and respond to any Committee questions or concerns. Where appropriate, a site visit can be scheduled.
PHASE THREE – Project Recommendations to Spring Town Meeting
- The CPC will vote on project funding recommendation to include in a warrant article for Spring Town Meeting between February and March.
- A public forum may be held prior to the Committee voting to allow for public input in the project recommendation process.
- Notification shall be sent to applicants of the funding recommendation decisions.
- The CPC may recommend a project as proposed by the applicant, may modify the project, or may recommend partial funding or funding for only a portion or phase of the proposed project. The CPC’s recommendation to Town Meeting may include detailed project scopes, conditions, and other specifications as the CPC, in its sole discretion, deems appropriate
PHASE FOUR – Spring Town Meeting
- The annual Spring Town Meeting starts on the first Tuesday of May every year and may
- The CPC chair presents the Committee’s funding recommendations to Spring Town Meeting for final approval.
- The Applicants are not required to attend but observe in person or watch on BATV/livestream if they so choose.
Special Application Process
Purpose
For any use eligible for CPA funding, under special circumstances as determined by the CPC, the CPC will consider a special application outside of the Standard Application Process on Page 10 if it meets the criteria listed below. By way of example, the most common of these circumstances might be the imminent placing of real property on the market, but they could include time-sensitive stabilization or restoration of an historic asset damaged by flood or fire, or other emergency situations. The principle warranting special consideration outside of the Standard Application Process is that a unique opportunity is presented that, if missed, is likely to remove or make unavailable to the Town and its citizens a valuable resource within the Town.
In all such cases, the CPC will adhere to the procedures applicable under the Standard Application Process, except for the submission and hearing deadlines outlined in that process, and in all such cases, the CPC will hold a public forum to review such an application. If the timing of the application is such that the CPC cannot meet the deadline for the Spring Town Meeting, the CPC may consider bringing the application forward at Fall Town Meeting by a Committee vote or the applicant or the Selectmen can commit to calling a Special Town Meeting. The only purpose would be to consider the appropriation of CPA funds for the project described in the application. The CPC will consider such an application as expeditiously as possible but will itself not recommend holding a Special Town Meeting or making any other changes in the Town’s calendar. The proponents and supporters of such an application will be responsible for calling a Special Town Meeting or securing other necessary changes in the Town’s calendar.
The CPC will consider a proposal under the Special Application Process only if the project meets the Qualifying Historic Projects for CPA Funding, the Specific Criteria referred to in the Needs Assessments, and as many as possible of the following additional criteria:
The project holds a high priority in Billerica’s Master Plan, Open Space and Recreation Plan, Housing Production Plan, or in other planning documents currently accepted and utilized by the Town.
- The proponents were previously unaware of the unique circumstances or opportunity to undertake the project at the given time; or the proponents did not have authority to identify such opportunity prior to the Standard Application Deadline (for example, the potential sale was still confidential).
- The proponents have either: (a) a letter of intent signed by the current owner of the real property expressing an interest in selling to the applicant; or (b) legal control (an option, signed purchase and sale agreement or legal title) of the real property.
- The project is supported by one or more Town Boards with responsibility for projects of a similar nature.
- Failure to secure CPA funding will create a high likelihood that the project will not be able to be carried out for the benefit of the Town, because the opportunity is unique or of very short duration.
- Appropriation of CPA funding will contribute materially to the likelihood of success for the project.
JUNE The Committee shall hold a Public Hearing to solicit input from residents, boards and committees, and Town Hall departments regarding the preservation needs of the Town and draft an updated CPC Plan. |
JULY Committee Reorganization; Staff and the Committee update the CPC plan to reflect the public input. |
AUGUST The Committee reviews Project Eligibility Forms on a rolling basis to determine which projects will be considered for funding. All Project Eligibility Forms must be received by November 30th to be considered for funding in this round of recommendations. Projects determined to be eligible are invited to submit a full application to advance their consideration for funding. |
SEPTEMBER The Committee reviews Project Eligibility Forms on a rolling basis to determine which projects will be considered for funding. All Project Eligibility Forms must be received by November 30th to be considered for funding in this round of recommendations. Projects determined to be eligible are invited to submit a full application to advance their consideration for funding. |
OCTOBER The Committee reviews Project Eligibility Forms on a rolling basis to determine which projects will be considered for funding. All Project Eligibility Forms must be received by November 30th to be considered for funding in this round of recommendations. Projects determined to be eligible are invited to submit a full application to advance their consideration for funding. |
NOVEMBER The Committee reviews Project Eligibility Forms on a rolling basis to determine which projects will be considered for funding. All Project Eligibility Forms must be received by November 30th to be considered for funding in this round of recommendations. Projects determined to be eligible are invited to submit a full application to advance their consideration for funding. |
DECEMBER Deadline for applications. All applications must be received by the Planning Department (Town Hall, Room 211) and filed with the Clerk’s Office by end of business on December 31st. Applications submitted after the deadline will not be considered for the current round of funding. |
JANUARY Applicants present their project and specific funding requests to the Committee and answer any questions or concerns the Committee may have to aid in their deliberation and decision making. Additionally, the Town Accountant will present to the Committee the CPC budget and total funds available. |
FEBRUARY The CPC will hold a public forum to allow for public commentary on the project proposals. After the public commentary period, the committee will vote on which projects to recommend for funding for Spring Town Meeting. |
MARCH The Committee will vote on the preliminary Warrant Article recommending project funding for Spring Town Meeting’s consideration. |
APRIL The Committee will finalize the Warrant Article as necessary and review the Committee’s presentation to Spring Town Meeting. |
MAY Spring Town Meeting approves, adjusts, or denies project recommendations. |