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i t ATTORNEYSDAGOSTINE PC. AT LAW a J.Gavin Cockfield October 29, 2002 Kelli Lawrence,Esquire Assistant Attorney General . Municipal Law Unit 1350 Main Street -4th Floor Springfield, Massachusetts 01103-1629 Re: Town of Mashpee, Warrant Article 22 of October 7, 2002 Town Meeting Dear Attorney Lawrence: I am writing to you on behalf of Richard L. Terry, Elizabeth A. McNichols and Pamela E. Terry, Trustees of the Shellback Way Realty Trust with respect to the adoption of Article 22 of the warrant for the Town of Mashpee's October 7, 2002 Annual Town Meeting (the "Amendment"), which amended the Mashpee Zoning By-Laws ("Bylaw") by creating a new commercially zoned district ("C-3 District") while wholly eliminating two other zoning districts. My clients own some of the land rezoned by the Amendment. Notwithstanding the authority of the Town to adopt zoning bylaws under G.L. c. 40A (the "Zoning Act") for the health, safety, convenience, morals or welfare of its citizens, the Amendment is invalid, in whole or in part, and should be disapproved by the Attorney General, for the following reasons. The Adoption of the Amendment Violates the Procedural Requirements of the Bylaw Section 174-97 of the Bylaw requires, in pertinent part, that proposed changes to the Town's Zoning Map include "a brief written statement of the nature, extent and location in the [T]own of the Zoning Map change proposed, together with three (3) black-line prints of a diagram to scale showing the area to be changed ...." See Mashpee Zoning By-Laws § 174-97 (copy enclosed). Despite an acute awareness of this requirement, as evidenced by Town Counsel's declaration at Town Meeting that the failure to include diagrams reflecting the changes to the Town's Zoning Map would invalidate the Amendment, the Town voted to adopt Article 22 verbatim. Because the Amendment was not adopted in accordance with the notice and hearing provisions of the Bylaw, it cannot be a valid bylaw regulating zoning matters in Mashpee and should be invalidated by your office. direct 617-589-3869 direct fax 617-305-3168 ` ' } email jcockfieWdavismalm.com !" , - "t t ONE BosroN PLACE#BosroN•MA•02108 01 617.367.2500 • fax 617.523.6215 www . d a v i s m a 1 m . c o m