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W � <br /> s 4// <br /> VIIA1091 <br /> M S�Sv <br /> SCOTT HARSHBARGER c �Z� "K-W 02108-1698 <br /> ATTORNEY GENERAL <br /> (617)727-2200 <br /> January 4, 1999 <br /> Deborah F. Dami, Town Clerk <br /> 16 Great Neck Road North <br /> Mashpee MA 02649 <br /> Re: General Articles 17, 18 and 25 and Zoning Articles 26, 27, 29, 31, 32, 33, <br /> 34, 35 and 37, Mashpee Fall Annual Town Meeting 10/5/98, # 347 <br /> Dear Ms. Dami: <br /> I return the amendments to the general by-laws adopted under articles 17, 18 and 25, as <br /> NN,ell as the amendments to the zoning by-laws adopted under articles 26, 27, 29, 31, 32, 34 and <br /> 37, all of the wan unt for the "fall annual"town meeting, which first convened on October 5, <br /> 1998, with our approval. <br /> In so approving the aforementioned articles, I would like to also warn the Town that the <br /> town meeting which took place on October 5 and 6,according to our records, was not an <br /> "annual" meeting under G.L. c. 39, § 9, but, rather, was actually a special town meeting. This is <br /> because the "fall annual"town meeting was created by by-law amendment instead of by special <br /> legislation or change to the town charter. While it appears that no harm was done this time in <br /> calling the town meeting an "annual" (with regard to the length of the notice, etc.), this should be <br /> cause for concern for future "fall annual" town meetings. In addition, in approving general <br /> article 18, I would like to remind the Town that, while, under G.L. c. 40, § 21D, certain of the <br /> "enforcing person's" administerial duties may be delegated to the Town Clerk, all notices issued <br /> pursuant to this statute must be "signed by the enforcing person" and not the Town Clerk. <br /> Zoning articles 33 and 35 were also submitted with the same warrant. However, I teve <br /> %�o C) <br /> GJ rn <br /> O ft"l <br /> ca <br />