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V n f ` W (#ce old W"WIWI o one ldddul�kn lopkm y� .y yY oda , v� SCOTT HARSHBARG ER 02108-76'98 ATTORNEY GENERAL (617)727-2200 February 12, 1997 Jane D. Labute Town Clerk v` 16 Great Neck Road North >`: Mashpee, Massachusetts 02649 Dear Ms. Labute: I regret that we must return the amendments to the general by-laws adopted under article 37 of the warrant for the Mashpee fall annual town meeting that first convened on October 7, 1997,with the enclosed disapproval of this Office. Article 37 is a by-law amendment changing the Town's existing general wetlands by-law in the matter of the regulation of repairing or replacing existing structures or facilities used in the service of the public to provide electric, gas, water,telephone, telegraph, or other communications services. The Town's current by-law provides: i The permit and applications required by this chapter shall not be required for maintaining, repairing or replacing,but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public to provide electric, gas,water,telephone,telegraph or other communications services,provided that written notice has been given to the [Conservation] Commission prior to commencement of the work, and provided that the work conforms to performance standards in regulations adopted by the Commission. The proposed new by-law would provide: A. The permit and applications required by this Chapter shall not be required for maintaining, repairingl or replacing,but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public to provide electric, gas,water,telephone,telegraph or other communications services,provided that: 1