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p h <br /> 4� <br /> c/Me 4A"my !&en� <br /> V v <br /> SCOTT HARSHBARGER l 02108-1698 ( . <br /> ATTORNEY GENERAL II <br /> (617)727-2200 P <br /> u <br /> May 16, 1997 <br /> Jane D. Labute <br /> Town Clerk ' <br /> 1-6 Great Neck Road North <br /> Mashpee, Massachusetts 02649 MAY ",) <br /> 9-� <br /> Correction of Town Meeting Date <br /> Dear Ms. Labute: <br /> I regret that we must return the amendments to the zoning by-laws adopted under article <br /> 45 of the warrant for the Mashpee special town meeting that first convened on October 7, 1996, <br /> with the enclosed disapproval of this Office. " <br /> Article 45 from the same warrant pertains to signs. The warrant notes that it was <br /> submitted by the "Sign Code Study Committee." Zoning by-law amendments may be initiated <br /> only in the manner set forth in G.L. c. 40A, § 5: <br /> by . . . a board of selectmen, a board of appeals,by an individual owning land to <br /> be affected by change or adoption, by request of registered voters of a town <br /> pursuant to [G.L. c. 39, § 10 (a so-called `petition article')],by a planning board, <br /> by a regional planning agency or by other methods provided by municipal charter. <br /> It is possible that this article was initiated by a petition meeting the requirements of G.L. c. 39, <br /> § 10, or that it was adopted by a vote of the board of selectmen,board of appeals, or planning <br /> board, as an article officially sponsored by such board, or that the method used is provided in the <br /> Mashpee charter. However, on December 9, 1996,we requested information from the Town as <br /> to whether the article was adopted by any method allowed under G.L. c. 40A. No response has <br /> been received. <br /> i <br /> Although we disapprove this by-law, we call your attention to problems with other <br /> Portions of the sign by-law not submitted for review. The by-law requires a permit from the <br /> building inspector for all new signs, including"for sale"signs and signs protected by the First <br /> Amendment to the United States Constitution, such as political signs and"cause"signs. Cause <br /> signs are signs that, for example, are pro- or anti-abortion. Under the Town's current by-law, <br />