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l <br /> r , <br /> THE MASHPEE ENTERPRISE.FRIDAY, SEPTEMBER 16, 2005_ 'Pa9e 19 <br /> LO 1 Notices <br /> ■Continued and'Regulaama doneem rte wetianea aria chapte " Attorney General's Notice F M 1 d otherwise P a' +a <br /> 131, Section 40, Massachusetts General Laws, .a - pwxaar ro at-c i0.Sad m ame„beeey - Within 21 days ofthe date on which this Nouce is published m a newspaper of general circulation in <br /> 'oa<`O"t'o , TOWN public hearing will be held at me Mashpee Town Hall Caayrsrri9 d/de.fm sJToad:' the Town of Meshpee,any resident of the Tows ofMashpee;or the"weer of any«al property inlhe <br /> in Conference Room One. .Main Lobby,'. on Tovm'of Mashpec,or any -other nem entitled to notice of the planning board hearing may file with <br /> September 22,2005 at 725 p:m.;on the request of - ,._, <br /> Summa 7annik,Genoted for,.a-Determination, of - -. the Town Clot must <br /> statement that ser notice defect was misleadingec otherwise prejudicial. <br /> "OF r - 'Applicetiiliry to-expand a.room and entrance way at ,. --The statement must set forth the reamm supporting the claim that the defect in the Planning Board' <br /> Tide Run�Amemors Map 120,Block 181. _ ' Town of Mashpe0—Case No.3427 Notice was misleadingor otherwise prejudicial. This'statement must be actually On 619 with the <br /> M MASHPEE In accordance with plans on file with the MamIpse Annual;Town Meeting of May 2,2005 .. ' Town Clerk not later than 21daysfrom the date on which this Notice is published in thenewspapec <br /> .Conservation Commission. - : t <br /> CONSERVATION'COMMISSION John J Fitzsimmons Articles`#16;17 and 18 <br /> PUBLIC HEARING NOTICE. To"--CI k' c rff ti fC m,2' • • ithThisNoice <br /> " Chairman - r 8 in which m y claim maybe filed,the Town <br /> In aebordance,with the provisions of the-Town of -September 16.2606 - " - Forthwith after the expiration ofthe 21.-day period _ Y Y <br /> Clerk <br /> Mashpee Consevwtbn:Bylaw.`Chaplet 172 RVIe's s Authority- t Ne' P d I D f is inthNot f th Plea - Board H shall submit to the Attorney General a true copy of this Notice endorsed with a certification of <br /> and Regulations concerning wetlands. and chapter Pursuant m the provisions of G.L.c.:40,§32,w amended by Chapter 299 of dm Acts of 2000,if the compliance with the publishing and posting requirements ofthe preceding paragraphs,end a . <br /> 131; Section 40, Massachusetts-General laws, a AttomeyGenetai.finds Herc t0 be any defect in the prow dura of adoption or amendment of any '. certification that either(a)no claim was filed.within the 21 day period,or(b)one or more claims <br /> public hearing wi6 be held at the Meshpee.Town Hag - - zoning by-law relating lothe form or writemof the notice ofthe Planning Board hearing prescribed were filed within the 2f day period.The Town Clerk shell submit tit the Attorney General true:.' <br /> in Conference Room One on September.22.2005 e1 .."c "' <br /> 7:40 p.m. on me application of New Semivy TOWN OF MASHPEE by G.L.c.40A,§5.or to the manner or dates,on which said notice is mailed,posted or published m copies of any such deiin(sj_ <br />-Propemes. LLC':for..finish ;dealing. arid. naive PUBLIC HEARING NOTICE�,.� � required by that section;then instead ofdisepprovingthe by-law or amendment by reason ofany', <br /> Plantings a1 42 scariest Driver Assessors Map 127. In,accordance with the Masnpee Charte...the such defect,the Attorney General may elect to'proceed under the defect waiver provisions of R f f Att General's Review <br /> Block 112- Memlaee Board pf;Selectmen and Bylaw:Review 'G.L.c.40,§32. Under thoke provisions,the Attorney General is conditionally authorized to waive r- Upon receipt of one original copy ofthis Notice with the Clerk's.certification endorsed thereon,the <br /> In accordance vnN the Nonce of Intent and plans on Comedian give notlen that's Public Hearing will be any such defect _ ' 90 day period provided for the Attor ley General'steview^under G.L.c.40,§32,shall resume; but if <br /> file with the Mashpi a Conservatum CbmmisNon: . held on Monday;.September 26,2005 at 7:00 p.m.at the expiration ofthe 90 day period is less than 10 days from the date on which the Attorney General - <br /> ,. John J.Fias'unmons the Mashpea'fown'Hall. The:' rpose o fthe heann - receives from the Town Clerk such Notice and certification,then the review period shall be extended <br /> inn ' is to review winter present recommended. bNaw DefectD t me N i fPl nen rdH - - <br /> Sept emOm 18.2005 Cha as esented in the'Report of the Bylaw. The Attorney General 10 determined that one or mate ofthe not!"th trequirementsforthe-Planning to the tench day following such receipt ver, claim is hada,the Attorney General may waive any. <br /> : - - - ere t waver,the Attortroy General may not waive my such defect <br /> - . ., : '• <br /> Review, ComMtiee:r'Copies of•the Committee's - � Board Hearing ielating to the faded to comply with the notice regwremen6 for such - - such h defect; if any claim made,ho , <br /> -s TOWN OF MASHPEE 'Report are available inahe'Town Manager's Office hearing as set forth in G.L.c.40A,§S. Section 5 provides in pert. - <br /> iCONSERVATIONCOMMISSION. and/or Town Clerlts Office at Town Hall .. .: _ • .]mgt.Byggl filing a claim under this Phovisiov,•permaatisB volhdePdved ofthe - <br /> .. - Per order of No zoning,ordinance or by-law or ammdment thereto shall be adopted m81 after the planning right to amort a dates of Invalid) arising out of any, Able defect to the procedure <br /> PUBLIC HEARING NOTICE ", MashPee Board of Selectmen and ry Y P� M <br /> m ,twe!P B with,the provisRIN ons of inn'.Tam•a By aw Review Committee <br /> board in a city or town;and the city council m e committee designated or appointed for die of adoption or amendment,as provided 1n G.L a 40,§32,and f"G.L a 40 §S. <br /> Mash Conservahon BNaw, Chapter 172, Rules September 16,2005 .. purpose by mid council has each held a public hearing Hereon,together or separately,m - <br /> I which interested persons shall be given m opportunity to be Said Public hewing shall <br /> be held within sixty-five days after the proposed zoning dimmance w by-law is'subminad to - <br /> the panning board by the city cemcil or xlemnm m ifthera is none,snthin sixty-five days Date' <br /> after the proposed inning ordinance orby-lawn obtained to the eery council or selectmen. "� . — Keili E.Gunegm,AssistsAttomey General. <br /> r Notice ofthe time and place of such public hearing,of the subject comer,suRcient for Bylaw Coordinator, onicipal IAw Unit 71. <br /> iden0fication,and ofthe place where texts end maps theeeef may be impected shall be Office'dthe Attorney General <br /> MASHPEE WATER' DISTRICT published ineks,thepero publication <br /> to lent Imthe city oureenrasbefoeach <br /> the dao 11350 Main Street,4o Floor <br /> Successive weeks;the first pubheation m be not less thmfouneen days before the day ofxid <br /> i _ - hearing;erd by posing such nofice to a coivPicuom place in the city or town hall fm a + s ._e. Springfield,MA 01103.1317 h <br /> ATTENTION WATER DISTRICT,CUSTOMER �a°ad` 'e==Nmfna""daye `°xd`�°fxd"`m"g."°""°f�d'"°""g T`I "13j'Ba43)7Ext 11'6 <br /> shall also be sent by mail,posege prepaid to the deparawwrofhommg and community ' " " F', 13)784-1244 <br /> 'd"clo 'em,,the regional planning agency,den ,and to the p planning board ofeech abmin -' kelli;gma8 @&9,0.sate.ma.us <br /> Pin & P 8 - Y P 8 g '. , <br /> The:Mashpee, Water 'District.'Plan <br /> to flush water mains cities and towns. <br /> t6roiighout Ivlashpee staring on Monday, Septem6er,2G, 2005 (Emphasis added:) , <br /> and,eontinuing through Friday' October 7,2005. The work mour review ofthe materialssubmittedtomforreview wedeterminedthat the notice ofthe <br /> planning board hearing that was posted did not contain a statement where the Ww of the proposed <br /> will'be'done between the hours'of 8:OOAM and 4:09OPA•The by-law amendments could be inspected nor the subject matter ofthe articles. Moreover,the notice <br /> ° purpose Of flushing l5 r0.remove Sediment buildup In the mains. did not mate where the meeting would be held. This information is required by G.L.e.40A,§5,and' <br /> is omission.is a'procedural defect that could result in our disapproval ofthe proposed amendments. <br /> The flushing may result ill temporary,discoloration of the water,- -The planning board hearing notice was posted on April 14,2005 add the hearing was on April 20, <br /> 2005.Them was only,a,six day notice A 14-day notice is required by G.L.c 40A,§5,and its <br /> caused b small articles dislodged durin the/flushiR . emission is a rocedural defect that could result in our disc vel of the <br /> y _ p $ g g P PPro proposed emenaments: <br /> DISCOLORATION MIGHT STAIN YOUR WASH. <br /> Attorney f ei P Under theta P 'a` fGL '4U 532 <br /> The Attorney General has elected to proceed under the defect waiver anthoriry mnfeaed by <br /> ESPECIALLY WHITE MATERIALS G.L.c.40,§32;as amended by Chapter 299 ofthe Acta pf2og6. <br /> rg .:,. f R t ., ' B -lAw Amendments rid- is - : <br /> To help avoid staining;your wash it'is'recommended that The90-da'y,period prescribed bylaw for the Attorney General's review of local by-laws is therefore <br /> you 60 NOT wash,elothing duringperiods of flushing and suspended " <br /> accorda" withtheprevisions ofG.L.c.40,432;as mended by chapter 299 ofthe <br /> Acts <br /> that .prior to.washing clothes,,check the water for possible ; <br /> - ' Poslinaand Publiration'ofThis Notice � • --: <br /> discoloration.If it is discolored,run the water€`Ora few minutes The Town Clerk shall post B firm copy of this Notice in a conspicuous place in the Mashpee Town <br /> ` - Hell fora period of not less then 14 days and shall publish a copy hereof once inn newspaper of <br /> Until it clears.up. general chculationin the Town of Mashpee. 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