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CPC

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1. What is the Community Preservation Act (CPA)?

The Community Preservation Act (CPA) was enacted by the Commonwealth of Massachusetts in 2000: Massachusetts General Law (MGL) Chapter 44B.

Communities vote to adopt the CPA and level of property surcharge that will create the base funding for CPA eligible projects in their city or town. Massachusetts annually matches funds collected by CPA cities and towns.

2. How are CPA funds allocated?

10% of the funding must be allocated each year (for spending or reserved for later spending) in the 3 areas:

• Community Housing
• Historic Preservation,
• Open Space/outdoor Recreation

Additionally, 5% can be set aside for administrative costs.

The remaining 65% can be allocated at the discretion of the Community Preservation Committee.

For further information, see https://www.communitypreservation.org/about

3. When was the Community Preservation Act adopted in Framingham?

November 2020

4. What is the Community Preservation Committee (CPC)?

The CPC oversees CPA funds and administers the CPA application process. This includes soliciting, evaluating, and recommending to City Council projects for approval of CPA funding. It is responsible for upholding a process that is accessible, ethical, transparent, and represents the diverse geographic & demographic of Framingham.

The CPC is comprised of 9 members

• Conservation Commission: 1 member
• Framingham Housing Authority: 1 member
• Historic Commission: 1 member
• Parks & Recreation Commission: 1 member
• Planning Board: 1 member
• At-large members: 4 members (appointed by City Council)

For more information, see: https://www.communitypreservation.org/CPCs

5. When does the CPC meet?

On 2nd and 4th Mondays of each month.

Additionally, at least once per year (per CPA law), a Public Hearing is required. Residents are asked to provide feedback on the Community Preservation Plan (CPP) and potential projects.

 CPC meetings are posted on Framingham’s Public Meeting Portal

6. Can I ask to join the Community Preservation Committee?

There are two ways to join the Community Preservation Committee:

1) be appointed from one of the five boards that work with CPC, or;

2) be appointed as an at-large appointment CPC member by the City Council.

July 2024, all the at-large member positions will be functioning on 3-year terms.

The four at-Large members are prohibited from holding any other municipal position on a multiple-member body while on CPC and also cannot hold any position as a municipal officer while serving as a member of the CPC.

7. Does the CPC have a Facebook page or Twitter account that I can follow?

Not currently. CPC announcements will be posted to the City’s main social media sites as well as to the CPC website.

The City CPC website is the most comprehensive source of current Framingham CPC information and is updated on a regular basis.

8. How can I contact Community Preservation Committee with questions or feedback?

There are three options for communicating with CPC:

1. Email to CPC@framinghamma.gov
2. Call (508) 532-5683 and leave a message.
3. Attend a CPC meeting: Public Meeting Portal.

9. Where does the CPA money to fund projects come from?

Funding is provided to Framingham through a 1% surcharge on your Real Estate Taxes as well as a State Match from the Community Preservation Trust Fund as determined by the Department of Revenue.

For further information, see https://www.communitypreservation.org/funding

10. What is the CPA Surcharge and how is it shown on the tax Bill?

The 1% surcharge is based upon your real estate taxes (after a $100,000 exemption). For example:

1. Your property is valued $500,000. The tax rate is $13.74 per $1,000. The real estate tax is: 500 times $13.74 = $6870.00.
2. The surcharge is calculated by subtracting the $100,000 from the property value $500,000 minus $100,000 = $400,000.
3. The CPA surcharge is: $400,000 times $13.74 (per $1,000) equals $5,496 1% times $5,496 equals $54.96.
4. Your total taxes, including surcharge, would be $6,924.96.

It is shown on the tax bill as a separate item called “CPA Surcharge”.

Note: in 2022, the CPA surcharge will only appear on the 3^rd and 4^th quarter tax bills. Beginning August 2022, the CPA Surcharge will appear as 1/4 of your annual surcharge. Click Here to see a copy of a recent CPA Surcharge tax insert flyer.

11. What are Exemptions for the surcharge?

The following are exempt from the surcharge:

1. Property owned and occupied as a domicile by any person who qualifies for low income housing or low or moderate income senior housing in the City, as defined in Section 2 of said Act;
2. $100,000 of the value of each taxable parcel of residential real property; and
3. $100,000 of the value of each taxable parcel of class three, commercial property, and class four, industrial property as defined in section 2A of said chapter 59
4. A taxpayer receiving a regular property tax abatement or exemption will also receive a pro rata reduction in surcharge
5. A qualified taxpayer, who is 60 or older as of January 1 and who has a household annual income that is no more than the area-wide median income determined annually by the United States Department of Housing and Urban Development, can request an exemption of the entire CPA surcharge attributable to the real estate tax assessed on the residential assessed value of the property. To do so, a resident must submit appropriate exemption request paperwork with the City Assessor’s office”. State Tax Form CP-4 is available online or in hard copy at the Assessor's Office in City Hall.

12. What is the Community Preservation Plan (CPP)?

The CPP is used to facilitate administration and implementation of the CPA. The CPP includes but is not limited to, highlighting the 4 areas eligible for CPA funding, detailing project criteria and application process, and outlining opportunities for potential projects. Links to the online application forms are also provided in the CPP. By CPA law, CPC does a yearly review and update of the CPP.

13. What sort of projects are eligible for CPA funding?

Projects are eligible for Community Preservation Act (CPA) funding according to the requirements described in the Massachusetts CPA legislation;

• The acquisition, creation, and preservation of open space.
• The acquisition, preservation, rehabilitation, and restoration of historic resources.
• The acquisition, creation, and preservation of land for recreational use.
• The acquisition, creation, preservation, and support of community housing
• The rehabilitation and restoration of open space, land for recreational use, and community housing that is acquired or created using monies from the fund.

Click Here to see a helpful allowable use chart.

14. Can CPA funds be used for any public project in Framingham?

CPA funds can only be used on projects that are eligible according to CPA law.

15. Can CPA funds be used for private projects in Framingham?

The Community Preservation Act does not prohibit use of CPA funds for projects on privately- owned property.

 

However, the Anti-aid Amendment to the Massachusetts Constitution DOES prohibit the use of public funds to private entities for private purposes.

 

Public funds are generally prohibited from being used for private purposes. It is possible in some situations to grant of public money to private organizations, including CPA funds. Any expenditure of public funds must be used to advance a public purpose.

A variety of federal and state programs provide historic preservation grants to private non-profit organizations, but typically the public purpose is served by the acquisition of a historic preservation restriction.

Examples:

1. The CPC may require a historic preservation restriction as a condition of funding preservation projects on private properties to satisfy the Anti-aid Amendment. The deed restriction transfers to the new owner should the private entity sell the building, protecting the public investment in the property.
2. A project may also require written agreement that guarantees public access to a building or that the CPA investment to be repaid should the private building be sold.
3. CPC would consider seeking a written legal opinion on CPA funding for any private projects before making a recommendation.

CPA funds may be able to fund a project on private property, but only if the project is advancing a public purpose, such as the municipality acquiring a deed restriction, providing public access to the property where there was none before, or some other public benefit recommended by municipal counsel.

16. Do any committees in Framingham automatically get awarded any CPA funds?

There is no automatic awarding or granting of CPA funds to any City board.

 

City boards may initiate or be deeply involved in a CPA project, but all CPA project requests go thru the same submission & review process.

17. Can Community Preservation Committee members create or submit CPA projects?

CPC members may not create or submit CPA projects.

 

CPC members are subject to the Framingham’s conflict of interest guidelines and may not create or submit CPA projects while serving on the committee.

 

Additionally, upon leaving CPC, former members must wait 1 year from resignation or end of term before they may present CPA project requests. However, during that 1 year they are permitted to aid others with design and preparation of a CPA projects.

18. When can I submit a project to request CPA funding be submitted?

CPC will make a public announcement when applications can be submitted. All projects will require a 2-step application process:

1. Step 1 - Pre-Qualification: The CPC uses this to confirm the project is allowable and eligible under CPA law.
2. Step 2 - Full Application: The CPC uses this to determine projects to submit to City Council for approval.

19. What are the steps for submitting a Framingham CPA project?

1. Step 1: Attend a public forum to obtain information on the goals of the CPC as well as allowable uses for CPA funds.
2. Step 2: Submit a simple eligibility Pre-Qualification form.
3. Step 3: The CPC will review the Pre-Qualification form and provide feedback.
4. Step 4: Once the project is determined to be eligible, submit a Full application form.
5. Step 5: The CPC will review and assess the project. If needed, you may be asked to provide clarification or additional information for the project.
6. Step 6: The CPC provides recommendations for project funding to the City Council which votes on the projects to be funded.

20. Where do I find the Pre-Qualification and Application forms?

Both forms will be available as online webforms at the City Online Forms site

21. Will the Pre-Qualification and Application forms be available in other languages?

Yes, they will be available in English, Spanish and Portuguese

22. Will paper Pre-Qualification and Application forms be available?

Paper versions of the forms will be available either at the office of the CPC or the City Clerk’s office.

* Note that preference will be given to applications submitted via interactive online forms.

23. If my project is rejected or not recommended for funding, can I resubmit it?

Yes, however, it must be resubmitted via the submission process again.

24. When can I submit Pre-Qualification forms?

Any time during the year.

25. When can I submit the full application form?

Once per year. The CPC will publicly announce the period this is available.

26. Who gives the final approval for CPA project funding requests?

City Council has the approving authority to fund the recommended projects by the CPC.

27. What actions does the City Council take with the CPC recommended projects?

The City Council will make one of the following decisions:

• Approve recommendations of the CPC;
• Reject recommendations of the CPC;
• Reduce the amount recommended by the CPC; and
• Reserve the amount recommended by the CPC to applicable reserve account, rather than approving the project.

28. Will there be a Community Forum for public feedback on the CPP & Application Process?

Yes. The CPC will hold its first inaugural Community Forum on Wednesday, June 22nd, 2022 at 7:00 pm. It will be held in the Blummer Room, which is located in the lower level of City Hall, & also be available via Zoom. This will be an opportunity for the public to learn more about CPA funds, the Framingham Community Preservation Plan (CPP) and the intended CPC Project Application Process. The meeting will be posted to the Public Meeting Portal and agenda will include Zoom link details.