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,I <br /> } <br /> provided for appeal to a state agency, while the local by-law did not. The court did not find this <br /> to be inconsistent with a state purpose because "a person aggrieved by a [local conservation] <br /> commission decision under the by-law is in no way deprived of rights of review." Lovequist, <br /> 379 Mass. at 16. By contrast, Mashpee's local by-law would force a utility's customers to bear <br /> the expense of an application and compliance with conditions, which are exactly that which the <br /> I k.. <br /> state law says a utility should not be required to obtain or do. <br /> Accordingly, because Mashpee's proposed new by-law would frustrate the purpose of the <br /> uniform exemption of public utilities from local wetlands regulation of repair or replacement of <br /> utility structures and facilities, we regret that we must disapprove the by-law. G.L. c. 40, c. 32; <br /> c.43B, § 13. As a result,the existing by-law remains in effect. <br /> Sincerely, <br /> I <br /> Jo athan A. Abbott <br /> ssistant Attorney General <br /> Chief,Municipal Law Unit <br /> (617) 727-2200 x 2096 <br /> .Enc. <br /> i <br /> cc: Kopelman&Paige, 31 St. James Ave., Boston,MA 02116 <br /> Gregor McGregor, Esq., McGregor& Shea, 60 Temple St.,Boston, MA 02111 j <br /> Bob Sherman,Mashpee Conservation Commission, P.O. Box 208, Mashpee,MA 02649 a <br /> jl <br /> ; i <br /> i <br /> I. <br /> I <br /> 5 <br /> I <br /> I <br /> 'I . <br />