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THE COMMONWEALTH OF MASSACHUSETTS <br /> N k <br /> d OFFICE OF THE ATTORNEY GENERAL <br /> WESTERN MASSACHUSETTS DIVISION `' <br /> .` 1350 MAIN STREET <br /> j ��M se� ;• . <br /> SPRINGFIELD, MASSACHUSETTS 01103-1629 <br /> THOMAS F. REILLY (413) 784-1240 <br /> ATTORNEY GENERAL January 3, 2007 www.ago.state.ma.us <br /> r <br /> Deborah F. Dami, Town Clerk <br /> 16 Great Neck Road North <br /> Mashpee,MA 02649 ' <br /> RE: Mashpee Annual Town Meeting of May 1, 2006—Case#4099 °a . <br /> Warrant Article# 19 (General) <br /> Dear Ms. Dami: <br /> Article 19 - I return with the approval of this Office the amendments to the town by-laws adopted <br /> under this,kr c e on the warrant for the Mashpee annual town meeting that convened on May 1, 2006p <br /> The vote under Article 19 was a vote to accept the provisions of G.L. c. 44, § 55C, to establish an <br /> Affordable Housing Trust Fund. We remind the town that we take no action on the vote to accept the <br /> provisions of G.L. c. 44, § 55C. Votes to accept statutes are not by-law amendments and thus do not need to <br /> be submitted to the Attorney General for review and approval pursuant to G.L. c. 40 § 32. We point out that <br /> the town may need to notify the Secretary of State and the Department of Revenue, Division of Local Services <br /> that is has accepted the provisions of G.L. c. 44, § 55C. <br /> Note: Under G.L. c.40, §32,neither general nor zoning by-laws take effect unless the town has first satisfied <br /> the posting/publishing requirements of this section. Once this statutory duty is fulfilled, (1) general by- <br /> laws and amendments take effect on the date that these posting and publishing requirements are <br /> satisfied unless a later effective date is prescribed in the-by-law and (2)zoning by-laws and amendments <br /> are deemed to have taken effect from the date they were voted �y Town Meeting,unless a later effective <br /> date is prescribed in the by-law. <br /> If the Attorney General has disapproved and deleted one or more portions of any by-law or t <br /> by-law amendent submitted forapproval,only those portions aDDroved are to be posted and published <br /> pursuant to G.L:c.40, 32. We ask t that you forward o us a copy o e final text of the by-law or by- <br /> law amendments reflecting any such deletion. It will be sufficient to send us a copy of the text posted <br /> and published by the Town Clerk pursuant to this statute. <br /> Nothing in the Attorney General's approval authorizes an exemption from any applicable state law or <br /> regulation governing the subject of the by-law submitted for approval. tt t <br /> '� xyY <br /> • ern <br /> Very truly yours, <br /> THOMAS F. REILLY <br /> ATT <br /> r 4� <br /> Kelli E. Gunagan ssistant rney General <br /> By-law Coordinator,�Vlunicipal L Unit <br /> 1350 Main Street, 4"Floor <br /> Sprin field MA 01103-1629 <br /> (413)84-1240, x 117 <br /> enc. a <br /> PC: Ilk <br /> Town Counsel <br /> F:\USERS\RITCHIE\WP61\DOCS\TOWNS\Mashpee\#4099A.APP.wpd <br /> ft <br />