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GARGIULO/RUDNICK,LLP Wednesday,October 30,2002 Page 2 of 2 because it does not comply with Town of Mashpee Bylaw Article I, § 40-8 should be overruled and Article 22 should receive approval from your office. { 2. Petition Article 22 is not in violation of Town of Mashpee Bylaw, Article XVII, § 174-97. Petition Article 22 does not violate Town of Mashpee Bylaw, Article XVII, § 174-97 which requires that any geographical change of a zoning boundary be accompanied by a brief written statement of the nature, extent and location in the town of the Zoning Map change proposed,together with three(3)black-line prints of a diagram to scale showing the area to be changed, stating pertinent dimensions in feet. (See attached copy of Bylaw) Petition Article 22 makes no geographical change to the Town of Mashpee Zoning Map and therefore, cannot reasonably be said not to comply with Town of Mashpee Bylaw,Article XVII, § 174-97. (See attached Official Mashpee Zoning Map) 3. No Approved Zoning Change in Mashpee Invalidated for Lack of Surve Map or Zoning Map in Last Seventeen 0 7)Years. According to the Mashpee Town Planner as quoted in the local press, no approved change to zoning in Mashpee has been invalidated because it was not accompanied by a survey plan of zoning map in the last seventeen (17) years (See attached Mashpee Enterprise article dated October 18, 2002). Thus, even if the bylaws were deemed applicable to the changes affected by Article 22, enforcement of the bylaws in the present instance would constitute selective enforcement of a local bylaw. Notably, Petition Article 27 that was ? approved in October of 1994 and changed the zoning of the same property identified in Petition Article 22 from the zoning change to the very property at issue from R-5 (Residential) to C-2(Commercial). No survey was required for Petition Article 27 in 1994. In fact,nobody has ever been called upon to-comply with either Bylaw in connection with a zoning change involving only a change in permitted uses without a change in the geographical boundaries of an existing zoning district. 4. Mashpee Town Counsel Opinion Regarding the Applicability of Local Zoning Byl to Article 22 is Inconsistent with Plain Language of the Bylaws and Town of Mashpee Practice for the Past Seventeen Years. Mashpee Town Counsel's opinion that Petition Article 22 is defective for failure to comply with local Bylaws was raised for the first time at the October 7, 2002,Mashpee Town Meeting at which Article 22 passed by a two-thirds majority. Town Counsel did not raise any concerns with Article 22 at or before any other public hearing in Mashpee at which Article 22 was either on the agenda and subsequently removed for questionable reasons, or actually discussed. 9 P.TRESMVE MASHPEEUFC Ur-Attorney General re Article 22 021023.130C