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THE COMMONWEALTH OF MASSACHUSETTS <br />2 � <br />OFFICE OF THE ATTORNEY GENERAL <br />WESTERN MASSACHUSETTS DIVISION <br />y <br />1350 MAIN STREET <br />SPRINGFIELD, MASSACHUSETTS 01103-1629 <br />"THA COAKLEY (' N: <br />TEL: (413) 784-1240 <br />A'rroRNEY GENERAL FAX: (413) 784-1244 <br />www.mass.gov/ago <br />February 15, 2011 <br />Deborah Dami, Town Clerk <br />16 Great Neck Road North <br />, <br />Mashpee, MA 02649 <br />RE: Mashpee Fall Annual Town Meeting of October 18, 2010 Case # 5744 <br />' <br />Warrant Article # 3 (General) <br />Warrant Article # 9 and 11 (Zoning) <br />Dear Ms. Dami: <br />,. <br />Article 3 - We return with the approval of this Office the amendments adopted <br />under this Article on the warrant for the Mashpee Fall Annual Town Meeting that <br />„! <br />convened on October 18, 2010. <br />In a letter dated January 31, 2011, we placed Article 3 on "HOLD" status <br />r <br />pending receipt of the additional information requested in that letter. We received the <br />requested information on February 2, 2011. Therefore, our 90 day deadline for review <br />started on that date and concludes on May 3, 2011. Our comments on Article 3 are <br />provided in more detail below. <br />The amendments adopted under Article 3 add to Chapter 6 of the general bylaws a <br />new Article IX, "Stabilization Fund." The new Section 6-24, "Use of Stabilization Fund"` <br />provides as follows: <br />Any stabilization fund established by the Town pursuant to the provisions of <br />J <br />/�:) <br />V <br />M.G.L. c.40, §5B shall be used, and funds shall be appropriated thereto or <br />--� <br />therefrom, only for the purpose of funding extraordinary and unanticipated <br />cz)= <br />expenses of the Town, including capital expenditures. For the purpose of this <br />CD <br />Bylaw, the term "capital expenditures" is defined as costs and expenses related to —.i <br />the acquisition, maintenance or repair of Town owned property, including any <br />improvements thereto. This Bylaw shall apply to any stabilization fund existing Iv�� <br />as of the effective date hereof as well as to any such fund established after the ry <br />n <br />. <br />effective date hereof. <br />;n <br />, • , <br />The proposed by-law limits the use of stabilization funds for the purpose of4,„ <br />funding extraordinary and unanticipated expenses, including capital expenditures. We <br />I 1� <br />