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.\ THE COMMONWEALTH OF MASSACHUSETTS <br /> h DEPARTMENT OF THE ATTORNEY GENERAL <br /> 1 JOHN W.McCORMACK STATE OFFICE BUILDING <br /> ONE ASHBURTON PLACE.BOSTON 02108-1698 <br /> JAMES M.SHANNON <br /> ATTORNEY GENERAL <br /> I ' <br /> Ms. Jane D. Labute <br /> Town Clerk <br /> Town Hall <br /> 16 Great Neck Road October 10 , 1990 <br /> P.O. Box 1108 <br /> Mashpee, Massachusetts 02649 <br /> Dear Ms. Labute: <br /> I regret that I must enclose the amendment to the general <br /> by-laws adopted under article 37 of the warrant for the Mashpee <br /> Annual Town Meeting that convened May 7, 1990, with the <br /> disapproval of the Attorney General endorsed thereon. <br /> Article 37 proposes to establish certain appeal rights by <br /> persons aggrieved by a decision made under the Town's wetlands <br /> protection by-law. As proposed article 37 would allow "any <br /> applicant, owner, abutter, and person aggrieved, or any ten <br /> residents" to appeal to the Superior Court Department within <br /> twenty days following the issuance of the order. <br /> Appeals by persons aggrieved by decisions rendered pursuant <br /> to a local wetlands protection by-law are taken by filing <br /> actions in the nature of certiorari pursuant to G.L. c. 249, § <br /> 4. See Lovequist v. Conservation Commission of Dennis, 379 <br /> Mass. 7, 16 (1979) . Under that statute, such an action may be <br /> filed anytime within sixty days of the decision for which court <br /> review is requested. Accordingly, article 37 as proposed would ! i <br /> be inconsistent with G.L. c. 249, § 4 . <br /> Ver- truly yours, <br /> Anthony Penski <br /> Assistant Attorney General <br /> (617) 727-2200, Ext. 2082 <br /> AEP/bb <br /> Enclosure <br /> 11 <br /> r: <br />