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W <br /> d <br /> r <br /> I <br /> 0'Pe cl 4e 4Wo"wy !6~4a <br /> SCOTT HARSHBARGER <br /> Xadkn, 02708-7698 <br /> ,j <br /> ATTORNEY GENERAL May 16, 1997 <br /> (617)727-2200 <br /> I . <br /> Jane D. Labute <br /> Town Clerk I El- <br /> s \\ <br /> 16 Great Neck Road North <br /> HAY <br /> Mashpee, Massachusetts 02649 _ 7 1997 <br /> T014"N CLERK <br /> Correction of Town Meeting Date <br /> Dear Ms. Labute: j <br /> I regret that we must return the amendments to the general by-laws adopted under article <br /> 37 of the warrant for the Mashpee fall annual town meeting that first convened on October 7, <br /> 1996,with the enclosed disapproval of this Office. <br /> Article 37 is a by-law amendment changing the Town's existing general wetlands by-law <br /> in the matter of the regulation of repairing or replacing existing structures or facilities used in the <br /> service of the public to provide electric, gas,water,telephone,telegraph, or other <br /> communications services. The Town's current by-law provides: <br /> I <br /> The permit and applications required by this chapter shall not be required for <br /> maintaining, repairing or replacing,but not substantially changing or enlarging, an j <br /> existing and lawfully located structure or facility used in the service of the public <br /> to provide electric, gas, water,telephone, telegraph or other communications <br /> services,provided that written notice has been given to the [Conservation] <br /> Commission prior to commencement of the work, and provided that the work <br /> conforms to performance standards in regulations adopted by the Commission. <br /> f : <br /> The proposed new by-law would provide: <br /> A. The permit and applications required by this Chapter shall not be required for j <br /> maintaining, repairingl or replacing, but not substantially changing or enlarging, f <br /> an existing and lawfully located structure or facility used in the service of the <br /> public to provide electric, gas, water,telephone,telegraph or other (i <br /> communications services,provided that: <br /> 1. Written notice, including a complete description of the work to be i <br /> done, has been provided to the Commission at least one month <br /> prior to commencement of the work. <br /> 2. The Commission has issued written certification that the work ` <br /> conforms to performance standards in regulations adopted by the <br /> j <br /> i <br />