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vXe V <br /> CAw clMe 4A4wey !&ew�W <br /> a <br /> t <br /> 'y <br /> V <br /> SCOTT HARSHBARGER � 02708-7698 <br /> ATTORNEY GENERAL May 16, 1997 <br /> (617)727-2200 <br /> a <br /> Jane D. Labute v <br /> Town Clerk <br /> 16 Great Neck Road North <br /> Mashpee, Massachusetts 02649 AY <br /> To Cl r.c,t s <br /> Correction of Town Meeting Date AI,11-S1-ffEr <br /> Dear Ms. Labute: fi <br /> I regret that we must return the amendments to the general by-laws adopted under article <br /> 37 of the warrant for the Mashpee fall annual town meeting that first convened on October 7, <br /> 1996,with the enclosed disapproval of this Office. <br /> Article 37 is a by-law amendment changing the Town's existing general wetlands by-law <br /> in the matter of the regulation of repairing or replacing existing structures or facilities used in the <br /> service of the public to provide electric, gas, water,telephone,telegraph, or other <br /> communications services. The Town's current by-law provides: <br /> The permit and applications required by this chapter shall not be required for <br /> maintaining, repairing or replacing, but not substantially changing or enlarging, an <br /> existing and lawfully located structure or facility used in the service of the public <br /> to provide electric, gas,water,telephone,telegraph or other communications <br /> services,provided that written notice has been given to the [Conservation] <br /> Commission prior to commencement of the work, and provided that the work <br /> conforms to performance standards in regulations adopted by the Commission. <br /> The proposed new by-law would provide: <br /> A. The permit and applications required by this Chapter shall not be required for <br /> maintaining, repairingl or replacing,but not substantially changing or enlarging, <br /> an existing and lawfully located structure or facility used in the service of the <br /> public to provide electric, gas,water,telephone,telegraph or other <br /> communications services,provided that: <br /> 1. Written notice, including a complete description of the work to be <br /> done, has been provided to the Commission at least one month <br /> prior to commencement of the work. <br /> 2. The Commission has issued written certification that the work <br /> conforms to performance standards in regulations adopted by the <br />