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THE MASHPEE ENTERPRISE a FROM; SEPTEMBER'16, 2005 . Page 19
<br /> Legal Notices
<br /> VIZvk' ,
<br /> Attorney Generals Notice Filing of Claim Thet Af t' N t c \ a M'=I d a Oche w u Preiudicial -,
<br /> puna.uo G.J.c e0,§31,o.ame.eeeey ;Within 21 days of the date on which this Notice is published in a newspaper of general circulation in
<br /> Ch perMo/a,Am of 3000 the Town of Mashpee,any i e of the Town of Mashpac;or the owner of any real property in the
<br /> Town of Mashpee,or any other tarty entitled tonotice of the planning board hearing may file with
<br /> -- the Town Clerk a written statement that the notice defect was misleading or otherwise prejudicial...
<br /> Town o[Mash ee-Case No.3427 The statement must set forth the reasons supporting the claim that the defect in the Planning Board
<br /> p . Notice was misleading or otherwiseprejudicial.This statement must be ecnmllvon file with the
<br /> AnnualTow Meeting of May 2;2005 - - Town Clerk not later than 21 days from the data on which this Notice is published in the newspaper.
<br /> Articles.17 and 18 - - - -'
<br /> fr Iia withTh Nis
<br /> ' Forthwith afterthe expiration of the 21-0ay period in which any claim may be filed,the Town Clerk .
<br /> Bgq--••�- •wi s Atahority m h'eive Procedural Defects in thq Notice of the Pinning Boar Hearin shall submit to the Attorney General a me copy of this Notice indorsed with a certification of
<br /> Pursuant to the provisions of G.L.c.40,§32,isammtied by Chapter 299 of the Acts of 2000,if the compliance with the publishing and posting requirements I the presiding paragraph.and e
<br /> Attorney Generai!finds there to be any defect in the procedure of adoption or amendment of any certification that either(a)no claim was filed within the 21 day period,or @)one or mare claims
<br /> zoning by-law relating to,the form or content of the notice of the Planning Board hearing prescribed, were filed within the X21-day period.The Town Clerk shall submit to the Attorney Genend true
<br /> by G.L.c.40A,§5,or to the manner or dates on which mid notice is mailed,posted or published as copies of any such claim(s). .. -
<br /> required by that section,then instead of disapproving the by-law or amendment by reason of any - -such defec6 the Attorney General may elect to prgceed under the defect waiverprovisions of Resurnotionof An G rat's Review i -
<br /> G.L.c.40,§32:Underthdsse.provisions;the Attomey General is conditionally authorized to waive Upon receipt of one original copy of this Notice with the Clerk's certification endorsed thereon,the.,
<br /> any such defect_ 90 day period provided for the Attomey General's review under G.L_c.40,§32,shall resume; but if- .
<br /> the expiration of the 90 day period.is less than 10 days from the date on which the Attorney General
<br /> receives from the Town Clerk such Nonce and certification,then the review period shall be extended
<br /> Defect Determined in jig of Planning Board He r' r i
<br /> . to the tenth da following such racer t. If no claim is made,the Attorney General may waive any
<br /> The Attorney General has determined that one or more of the notice requirements for the Planning Y B P,
<br /> such defect; if an claim is made,however,the Attorney General may not waive my such defect.'
<br /> ' Boar Hearing relating mthe above Article(s)failed taceinply.with thenotice requirements for such: Y. %
<br /> hearing as set forth in G.L.c.40A,§5. Section 5 provides in part: .
<br /> By Ral filing a claim under W6 provisioa=a perean shall not be deprived otthe
<br /> No zoning ordinance or by-law.or amendment thereto shall be adopted until after the planning right to assert a claim of invalidity arising out pf any possible defect In the procedure
<br /> board in acity or town,and the city council or a committee designated or appointed for the - of adopaoo or amendment.io provided in G.L 5.40,§32,and in G.L.e.40A,§5.
<br /> purpose b]'said council has each held s publit hewing themon,together or separately,at
<br /> which interested persons shall be given an opportunity to be heard.Said public heating shall `
<br /> be held within sixty five days after the proposed inning ordinance or by law is submitted to i
<br /> the planning board by the city council or seteconm m if them is none within sixty-five days Dater
<br /> after the#reposed zoning ordinance or by-law,is submittal m the airy council or selectmen.
<br /> Kalli E..Gunagan,Asststa Attomry•General
<br /> offer t of the time too plane mance public hewing,of the subject matter,sufficient for - ylaw Coorinetor, unieipal law Unit .
<br /> 'idemificstlon,and of the place where tears and maps thereofmay be inspected$hall'be Office of the Attorney General
<br /> published in a newspaper of general cimuladm in the city mtown Once in each of two - 1350 MainStreet,4e Finer ..
<br /> successive weeks,the first publication to be not less than fourteen days before the day of said - Springfield,MA 01103-1317
<br /> hearing and by pasting such notice in a wnsPicoous place in.the city or town hall for a / Ttl;(413)784-1240 Ext.1176
<br /> pwiod of not less than fourteen days before the day of mid hearing.Nmice'ofsaid hearing
<br /> shell also M win by mail,postage prepaid to the department of housing and community " - - Fax:(413)7841244:
<br /> development,the regional planning agency,if arty,and to the planning board of each abutting ' kelli.gunegen(a)ago.state.ma.us
<br /> cities and towns. - -
<br /> (Emphasis added.)m
<br /> In our review of the materials submitted to us for review we determined that the notice of the -
<br /> planning board hearing that was,posted did not contain a statement where the text of the proposed
<br /> by-law,amendments could be inspected nor the subject matter of the articles.`Moreover,the notice .
<br /> did not state where'the meeting would be held. This information is required by G.L.e.40A,§5,and -I
<br /> its omission is a procellural defectthat could result in our disapprovalof the proposed amendments:
<br /> ,Tbc planning board hearing notice was posted on April 14,2005 and the bearing was on.April 20,
<br /> 2005.There was only a six'day notice. A.14-day notice is required by G.L.q 40A,§.5,and its
<br /> omissioni5 a procedural defect that could result in our disapproval of the proposed amendments.
<br /> Aft y.FIT t p occed Under the Wsi4r Provisions of G.L.c 40.6 32'
<br /> . .The Attorney Generalhas elected to proceed under the defect waiver authority conferred by
<br /> G.L.c.40,§32,as amended by Chapter 299 of the Acts of 2000,,, ;
<br /> c io-of Review of Zigmna By-Lw Amendments' "
<br /> The 90-day period prescribed bylaw for the Attorney General's review of local by-laws is therefore.
<br /> suspended in accordance with the;provisions of G.L.0.40;§32;as amended by Chapter 299 of the
<br /> Acts of 2000.,
<br /> Posting and Publ'wtion of This Notice,
<br /> The Town Clerk shall post_a me copy ofthis Notice in a conspicuous place in the Mashpce Town
<br /> Hall for a period of not less thin 14 days and shallpublish a copy hereof once in a newspaper of
<br /> -. general circulation in the Town of Mashpw.
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