2005-TOWN MEETING RECORDS - Laserfiche WebLink

Home Browse Search

In our review of the materials submitted to us for review we determined that the notice of the planning board hearing that was posted did not contain a statement where the text of the proposed by-law amendments could be inspected nor the subject matter of the articles. Moreover, the notice did not state where the meeting would be held. This information is required by G.L. c. 40A, § 5, and its omission is a procedural defect that could result in our disapproval of the proposed amendments. The planning board hearing notice was posted on April 14, 2005 and the hearing was on April 20, 2005. There was only a six day notice. A 14-day notice is required by G.L. c. 40A, § 5, and its omission is a procedural defect that could result in our disapproval of the proposed amendments. Attorney General's Election to Proceed Under the Waiver Provisions of G.L. c 40 & 32 The Attorney General has elected to proceed under the defect waiver authority conferred by G.L. c. 40, § 32, as amended by Chapter 299 of the Acts of 2000. Suspension of Review of Zoning By-Law Amendments The 90-day period prescribed by law for the Attorney General's review of local by-laws is therefore suspended in accordance with the provisions of G.L. c. 40, § 32, as amended by Chapter 299 of the Acts of 2000. Posting and Publication of This Notice The Town Clerk shall post a true copy of this Notice in a conspicuous place in the Mashpee Town Hall for a period of not less than 14 days and shall publish a copy hereof once in a newspaper of general circulation in the Town of Mashpee. Filing of Claim That Defect in Notice Was Misleading or Otherwise Prejudicial Within 21 days of the date on which this Notice is published in a newspaper of general circulation in the Town of Mashpee, any resident of the Town of Mashpee, or the owner of any real property in the Town of Mashpee, or any other party entitled to notice of the planning board hearing may file with the Town Clerk a written statement that the notice defect was misleading or otherwise prejudicial. The statement must set forth the reasons supporting the claim that the defect in the Planning Board Notice was misleading or otherwise prejudicial. This statement must be actually on file with the Town Clerk not later than 21 days from the date on which this Notice is published in the newspaper. Town Clerk's Certification of Compliance with This Notice Forthwith after the expiration of the 21-day period in which any claim may be filed, the Town Clerk shall submit to the Attorney General a true copy of this Notice endorsed with a certification of compliance with the publishing and posting requirements of the preceding paragraph, and a certification that either (a) no claim was filed within the 21 day period, or(b) one or more claims were filed within the 21-day period. The Town Clerk shall submit to the Attorney General true copies of any such claim(s). _Resumption of Attorney General's Review Upon receipt of one original copy of this Notice with the Clerk's certification endorsed thereon, the 90 day period provided for the Attorney General's review under G.L. c. 40, § 32, shall resume; but if the expiration of the 90 day period is less than 10 days from the date on which the Attorney General receives from the Town Clerk such Notice and certification, then the review period shall be extended to the tenth day following such receipt. If no claim is made, the Attorney General may waive any such defect; if any claim is made, however, the Attorney General may not waive any such defect.