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9/14 e.,' ceo <br /> o,4el S&daA&L <br /> SCOTT HARSHBARGER -.F 044vz " 02708-7698 <br /> ATTORNEY GE WAAL <br /> (617)727-2M <br /> December 22, 1995.- <br /> Jane D. Labute <br /> Town Clerk <br /> 16 Great Neck Road North <br /> Mashpee, Massachusetts 02649 <br /> Dear Ms . Labute: <br /> I return the amendments to the general by-laws adopted <br /> under article 16 of the warrant for the Mashpee fall annual <br /> town meeting that convened on October 2, 1995, with the ';, <br /> enclosed approval of this Office, except that the last sentence <br /> of § 170-9 (D) , is disapproved. <br /> This by-law regulates waterways. The sentence deleted and <br /> disapproved provides that: "The revenue collected shall be <br /> added to a separate fund to be used for dredging or other <br /> waterways related expenses . " However, general law provides <br /> that all money received by the town must go into the general <br /> fund, unless there is statutory authority to the contrary. <br /> Please see G.L. c. 44, §§ 53, 53E, 53E1/2 . Accordingly, this <br /> sentence must be disapproved. <br /> Until this by-law is approved by the Director of the <br /> Division of Law Enforcement within the Department of Fisheries, <br /> Wildlife and Environmental Law Enforcement in the Executive <br /> Office of Environmental Affairs, it will not become effective. <br /> Our approval is conditioned upon approval by the Director. <br /> Sincerely, <br /> kf (ftN/ <br /> 7 <br /> J nathan A. Abbott <br /> ssistant Attorney General <br /> Chief, Municipal Law Unit <br /> (617) 727-2200, ext. 2096 <br /> Enc. <br /> CC: Kopelman & Paige <br /> 101 Arch Street <br /> Boston, MA 02110 <br /> Director, <br /> Division of Law Enforcement , <br /> Department of Fisheries, Wildlife and Environmental <br /> Law Enforcement <br />