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THE COMMONWEALTH OF MASSACHUSETTS <br /> OFFICE OF THE ATTORNEY GENERAL <br /> WESTERN MASSACHUSETTS DIVISION <br /> 436 DWIGHT STREET <br /> SPRINGFIELD, MASSACHUSETTS 01103 <br /> TOM REILLY <br /> ATTORNEY GENERAL (413)784-1240 <br /> I <br /> January 11,2000 <br /> r <br /> Deborah F. Dami, Town Clerk <br /> 16 Great Neck Road North <br /> Mashpee, MA 02649 <br /> RE: Mashpee Annual Town Meeting of October 4, 1999 ---Case#820 <br /> Warrant Article#15 (General) <br /> i <br /> Warrant Articles#16,23, 24, 25,26,27,28,30 &31 (Zoning) <br /> Warrant Articles#20 & 29 (Historical) <br /> CORRECTED LETTER <br /> r <br /> Dear Ms. Dami: <br /> I return the amendments to the town by-laws adopted under Articles 15, 16, 23, 24, 25, <br /> 26, 27, 28, 29, 30 & 31 of the warrant for the Mashpee town meeting that convened on <br /> October 4, 1999, and the zoning maps pertaining to Articles 16, 27, 28, 29 & 30, with the <br /> approval of this Office. <br /> In approving Article 27 we bring to the town's attention a typographical error. Article 27 <br /> adds a"new Subsection 174-5.C" (emphasis added). The"new Subsection 174-5.C" establishes <br /> the IC Overlay District. However, there is already an existing subsection 174-5.0 in the town's <br /> zoning by-laws. The existing 174-5.0 established a Wireless Facility Overlay District. It was <br /> brought to our attention that Article 27 should have added a"new Subsection 174-5.D" <br /> (emphasis added). We assume that the town did not intend to have two subsections 174-5.C, <br /> they can if they want to, but it would be confusing, so the town should renumber one of these <br /> sections to avoid this internal inconsistency. We suggest the town address this"housekeeping" <br /> matter at its next town meeting by way of a zoning by-law amendment. <br /> We return Article 20 with no action by this Office. The action taken by town meeting <br /> under Article 20 was a vote to authorize and empower the town's historic district study <br /> committee to make investigations and report to the town its recommendations regarding <br /> Proposed historic districts throughout the town. We do not deem this vote to be a by-law <br /> amendment. Thus the vote taken by Town Meeting under Article 20 does not require the <br /> approval of the Attorney General. <br /> r <br />