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Session Law

2004

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Chapter 283 AN ACT AUTHORIZING THE TOWN OF WESTON TO APPROPRIATE MONEY FROM THE COMMUNITY PRESERVATION FUND.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. The general court finds that the town of Weston adopted the Community Preservation Act, in this act called the Act, chapter 44B of the General Laws, sections 3 through 7, inclusive, before November 25, 2002, and could have authorized creation of community housing at the Brook School Apartments pursuant to the Act; however, the town approved the creation of community housing under Article 11 at the November 25, 2002, special town meeting to be funded using federal subsidies which the town of Weston will not receive as expected due to unanticipated, unusual circumstances resulting from federal budget matters entirely outside the control of the town of Weston.

SECTION 2. Notwithstanding section 6 of chapter 44B of the General Laws or of any other general or special law to the contrary, the town of Weston may, upon recommendation by the Weston Community Preservation Committee, and pursuant to a 2/3 vote of the Weston town meeting, amend the vote under Article 11 of the November 25, 2002 special town meeting, authorizing the construction of affordable housing at the Brook School Apartments, approve the creation of community housing in accordance with the act, and provide that the portion of the appropriation and borrowing authorization attributable to the creation of community housing at the Brook School Apartments be funded through the town's community preservation fund, established pursuant to section 7 of chapter 44B of the General Laws, including the affordable housing reserve. The Weston town meeting may further, upon recommendation by the Weston Community Preservation Committee, appropriate funds for the purpose of paying the debt service on the portion of the bonds issued pursuant to this vote and the vote of the Weston town meeting authorized under this act, for the purpose of creating community housing at the Brook School Apartments. Such funds may be so appropriated and expended only if the town votes to place a permanent deed restriction for affordable housing purposes on 13 units at the Brook School Apartments created for community housing under this act and the vote of the Weston town meeting authorized hereby, which restriction complies with the requirements of chapter 184 of the General Laws. The deed restriction must run to the benefit of a nonprofit, charitable corporation or foundation selected by the town with the right to enforce the restriction.

SECTION 3. If the Weston town meeting votes as authorized herein to approve under the act the creation of affordable housing at the Brook School Apartments, that portion of the unexpended amount of the temporary borrowing incurred pursuant to the vote under Article 11 of the November 25, 2002, Weston special town meeting attributable to the creation of affordable housing at the Brook School Apartments shall be transferred without further appropriation to the Weston community preservation fund, and that portion of any interest earned on the amounts temporarily borrowed under Article 11 of the November 25, 2002, special town meeting, net of interest expense, attributable to the creation of affordable housing at the Brook School Apartments shall be similarly transferred without further appropriation.

SECTION 4. Except as otherwise provided in this act, if the town votes to approve the creation of community housing at the Brook School Apartments under the act as so authorized herein, the community housing created at the Brook School Apartments shall be deemed to be community preservation property, subject to all requirements of the Act; further, any future expenditures from the community preservation fund for the purposes set forth herein shall be subject to the provisions of the Act.

SECTION 5. If this act is not in effect on May 10, 2004, any vote taken under Article 19 of the Weston 2004 Annual Town Meeting warrant to authorize the creation of community housing at the Brook School Apartments, as authorized by section 2 of this act, shall be ratified, validated and confirmed as if this act had been in effect on the date of the vote.

SECTION 6. This act shall take effect upon its passage.

Approved August 9, 2004.

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