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THE COMMONWEALTH OF MASSACHUSETTS <br /> OFFICE OF THE ATTORNEY GENERAL <br /> WESTERN MASSACHUSETTS DIVISION <br /> 1350 MAIN STREET <br /> SPRINGFIELD, MASSACHUSETTS 01103-1629 <br /> THOMAs F. REILLY (413) 784-1240 <br /> ATTORNEY GENERAL October 17, 2005 www.ago.state.ma.us <br /> Deborah F. Dami,Town Clerk <br /> 16 Great Neck Road North <br /> Mashpee, MA 02649 <br /> RE: Mashpee Annual Town Meeting of May 2,2005—Case#3427 <br /> Warrant Article#22 (General) <br /> Warrant Articles# 16, 17,and 18(Zoning) <br /> Dear Ms. Dami: <br /> Articles 16, 17,and 18— I return with the approval of this Office the amendments to the town by-laws <br /> adopted under these Articles on the warrant for the Mashpee annual town meeting that convened on May 2, 2005. In <br /> giving his approval, the Attorney General has elected to waive the defects identified in the notice sent to you on <br /> September 6, 2005. <br /> On September 6, 2005, the Attorney General elected to proceed under the provisions of Chapter 299 of the <br /> Acts of 2000 (which amends G.L. c. 40, § 32) by giving notice of defects in the procedure of adopting the by-law <br /> amendments voted under the above article. You have certified that the notice was posted and published in accordance <br /> with the provisions of Chapter 299, and that no claims were filed with the Office of the Town Clerk within 21 days of <br /> publication. For this reason, the Attorney General is authorized by Chapter 299 to waive the defect in his review of the <br /> amendments submitted to him for approval under G.L. c. 40, § 32. <br /> Article 22—We remind the town that Article 22 was returned with the approval of this Office in a letter dated <br /> September 6, 2005. <br /> Note: Under G.L.c.40, §32,neither general nor zoning by-laws take effect unless the town has first satisfied the <br /> posting/publishing requirements of this section. Once this statutory duty is fulfilled,(1)general by-laws and <br /> amendments take effect on the date that these posting and publishing requirements are satisfied unless a later <br /> effective date is prescribed in the by-law,and(2)zonin by-laws and amendments are deemed to have taken effect <br /> from the date they were voted by Town Meeting,unless a later effective date is prescribed in the by-law. <br /> If the Attorney General has disapproved and deleted one or more portions of any by-law or by-law amendment <br /> "submitted for approval,only those portions approved are to be posted and published pursuant to G.L.c.40,§32. <br /> # <br /> We ask that you forward to us a copy of the final text of the by-law or by-law amendments reflecting any such <br /> deletion. It will be sufficient to send us a copy of the text posted and published by the Town Clerk pursuant to this <br /> statute. <br /> Nothing in the Attorney General's approval authorizes an exemption from any applicable state law or regulation <br /> governing the subject of the by-law submitted for approval. <br /> Very truly yours, <br /> THOMAS F. REILLY <br /> ATTORNEY EN L <br /> k. <br /> elli E. Gunagan, ssistant ttorney General <br /> By-law Coordinator Municipal Law Unit <br /> 1350 Main Street, 4&Floor <br /> Springfield, MA 01103-1629 <br /> (413)784-1240, x 117 <br /> i enc. <br /> PC: Town Counsel :6 WV 6110.0 Sfl <br /> F:\USERS\RITCHIE\WP61\DOCS\TOWNS\MuhpeeVl3427A.APP.wpd <br /> 7J8HS VW aQ A 0 1 <br /> �Y� <br />