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x <br /> THE COMMONWEALTH OF MASSACHUSETTS <br /> m OFFICE OF THE ATTORNEY GENERAL + •, <br /> R` WESTERN MASSACHUSETTS DIVISION <br /> 1350 MAIN STREET ;y <br /> SPRINGFIELD, MASSACHUSETTS 01103-1629 <br /> ]MARTHA COAKLEY TEL: (413) 784-1240 <br /> ATroRNEYGENERAL FAX: (413) 784-1244 <br /> www.mass.gov/ago <br /> January 31, 2011 <br /> Deborah Dami, Town Clerk <br /> 16 Great Neck Road North ' <br /> Mashpee, MA 02649 rn <br /> i <br /> RE: Mashpee Fall Annual Town Meetingof October 18 2010 Case# 5744 <br /> 5744 -a <br /> , <br /> Warrant Article# 3 (General) ::K-p <br /> Warrant Article# 9 and 11 (Zoning) o ' <br /> Dear Ms. Dami: `z <br /> i <br /> Articles 9 and 11 - We return with the approval of this Office the amendments to the <br /> Town by-laws adopted under these Articles on the warrant for the Mashpee Fall Annual Town <br /> Meeting that convened on October 18, 2010. <br /> Article 3 - For the reasons provided below, we have retained for further review the vote <br /> taken under Article 3 and have placed it on"HOLD" status pending receipt of the additional <br /> information requested below. <br /> i� <br /> The Attorney General's Office has drafted a series of Forms that must be submitted to the <br /> Office with proposed by-laws and amendments for review pursuant to G.L. c. 40, § 32, and c. <br /> 40A, § 5. These Forms are intended to provide the Attorney General's Office with all the ! <br /> information necessary for the Office to conduct its procedural and substantive review of the <br /> submitted by-laws and amendments. Before our 90-day review period begins, we need the r I <br /> following information from the Town pursuant to G.L. c. 40, § 32: <br /> FORM 2—Three certified copies with a correct vote. The three certified <br /> copies of the vote under Article 3 provide that a 2/3rds vote is needed to adopt i <br /> Article 3. However, the vote under Article 3 provides that the "motion ' <br /> passes." As submitted, the vote is unclear whether the motion passed by a <br /> simple majority or the required 2/3rds vote. Please provide us with three <br /> certified copies of Article 3 with a vote that shows Article 3 passed by the ; <br /> necessary 2/3rds vote. <br /> i <br /> The Attorney General's substantive review of this Article will begin once we receive the above {; `r� <br /> i <br />