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a Form 299A (10/20/06) Date: ! (fJ Attorney General's Notice pursuant to G.L.c. 40,§32, as amended by Chapter 299 of the Acts of 2000 Town of Mashpee -- Case No. 3427 Annual Town Meeting of May 2, 2005 Articles # 16, 17 and 18 Attorney General's Authority to Waive Procedural Defects in the Notice of the Plannine Board Hearing Pursuant to the provisions of G.L. c. 40, § 32, as amended by Chapter 299 of the Acts of 2000,if the Attorney General finds there to be any defect in the procedure of adoption or amendment of any zoning by-law relating to the form or content of the notice of the Planning Board hearing prescribed by G.L. c. 40A, § 5, or to the manner or dates on which said notice is mailed, posted or published as required by that section, then instead of disapproving the by-law or amendment by reason of any such defect;the Attorney General may elect to proceed under the defect waiver provisions of G.L. c. 40, § 32. Under those provisions, the Attorney General is conditionally authorized to waive any such defect. Defect Determined in Notice of Planning Board Hearin The Attorney General has determined that one or more of the notice requirements for the Planning Board Hearing relating to the above Article(s) failed to comply with the notice requirements for such hearing as set forth in G.L. c. 40A, § 5. Section 5 provides in part: No zoning ordinance or by-law or amendment thereto shall be adopted until after the planning board in a city or town, and the city council or a committee designated or appointed for the purpose by said council has each held a public hearing thereon,together or separately, at which interested persons shall be given an opportunity to be heard. Said public hearing shall be held within sixty-five days after the proposed zoning ordinance or by-law is submitted to the planning board by the city council or selectmen or if there is none, within sixty-five days after the proposed zoning ordinance or by-law is submitted to the city council or selectmen. Notice of the time and place of such public hearing, of the subject matter, sufficient for identification, and of the place where texts and maps thereof may be inspected shall be published in a newspaper of general circulation in the city or town once in each of two successive weeks, the first publication to be not less than fourteen days before the day of said hearing, and by posting such notice in a conspicuous place in the city or town hall for a period of not less than fourteen days before the day of said hearing.Notice of said hearing shall also be sent by mail, postage prepaid to the department of housing and community . development, the regional planning agency, if any, and to the planning board of each abutting cities and towns. (Emphasis added.)