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THE COMMONWEALTH OF MASSACHUSETTS�� <br />x <br />OFFICE OF THE ATTORNEY GENERAL <br />R` WESTERN MASSACHUSETTS DIVISION <br />1350 MAIN STREET <br />i4 <br />SPRINGFIELD, MASSACHUSETTS 01103-1629 <br />MARTHA COAKLEY TEL: (413) 784-1240 <br />ATroRNEYGENERAL FAX: (413) 784-1244 <br />www.mass.gov/ago <br />January 31, 2011 <br />Deborah Dami, Town Clerk —� <br />16 Great Neck Road North <br />' <br />Mashpee, MA 02649 �w <br />' <br />RE: Mashpee Fall Annual Town Meeting of October 18 2010 Case # 5744 -a <br />Warrant Article # 3 (General) --' ::K-p <br />Warrant Article # 9 and 11 (Zoning) o' <br />Dear Ms. Dami: <br />`z <br />Articles 9 and 11 - We return with the approval of this Office the amendments to the <br />Town by-laws adopted under these Articles on the warrant for the Mashpee Fall Annual Town <br />Meeting that convened on October 18, 2010. <br />Article 3 - For the reasons provided below, we have retained for further review the vote <br />taken under Article 3 and have placed it on "HOLD" status pending receipt of the additional <br />information requested below. <br />The Attorney General's Office has drafted a series of Forms that must be submitted to the <br />Office with proposed by-laws and amendments for review pursuant to G.L. c. 40, § 32, and c. <br />40A, § 5. These Forms are intended to provide the Attorney General's Office with all the! <br />, <br />information necessary for the Office to conduct its procedural and substantive review of the <br />submitted by-laws and amendments. Before our 90-day review period begins, we need the <br />r <br />following information from the Town pursuant to G.L. c. 40, § 32: <br />FORM 2 — Three certified copies with a correct vote. The three certified <br />copies of the vote under Article 3 provide that a 2/3rds vote is needed to adopt <br />Article 3. However, the vote under Article 3 provides that the "motion ' <br />passes." As submitted, the vote is unclear whether the motion passed by a <br />simple majority or the required 2/3rds vote. Please provide us with three <br />certified copies of Article 3 with a vote that shows Article 3 passed by the; <br />necessary 2/3rds vote. <br />i <br />The Attorney General's substantive review of this Article will begin once we receive the above <br />I <br />