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Commonwealth of Massachusetts Massachusetts Environmental Police Headquarters Bureau (617) 727-3905 175 Portland Street, Boston, MA 02114-1701 Fax: (617) 727-8551 Richard A. Murray, Director April 18, 1996 Ms. Jane D. Labute Town Clerk Town of Mashpee 16 Great Neck Road North Mashpee, MA 02649 Dear Ms. Labute, I have reviewed the amendments to the general by-laws adopted under Article 16 of the warrant for the Mashpee fall annual Town Meeting that convened on October 2, 1995. Under the authority granted this office by M.G.L. C.9013, S.15(C) and S.1l(N)said amendments are hereby approved but with the following exceptions: In S.170-1(D) the last three words "and jet boats" is in conflict with state law. Jet boats are not considered personal watercraft under M.G.L. Chapter 90B so they cannot be included in the definition of "Personal Watercraft" accordingly these last three words "and jet boats" are disapproved. In addition, there are three other portions of the amendments, that while we are approving them, we are also suggesting that they be considered for amendment at your next Town Meeting. One of the three sections in question is S.170-3(A), the term "Waterways Assistant". There is no reference in Chapter 90B to this position. Where these individuals would get their enforcement authority is a matter of concern. The second section in question is 5.170-5(B)(a) "Shoreline". We are suggesting that you consider • adding the phrase (except where posted as permitted) following the word, "Shoreline", as you did in 13.(2)(a). As it stands now, it could restrict launching or other reasonable activity. Finally, in S.170-14(a), we suggest that the word "wearable" as used in the sentence be changed to "approved" so that the sentence would read, "without an approved personal floatation device on board for each occupant". You may also want to consider adding the words "as required under Chapter 9013-55 and 323 CMR: 2.07 (10),(14),(15)", after the word "occupant". Should you have any further questions regarding this matter, please feel free to call me directly. i Sincerely, , mow% f% Richard A. Murray Director An Agency of the Department of Fisheries, Wildlife & Environmental Law Enforcement John C. Phillips, Commissioner