2004 ATM AG BYLAW Approval - Laserfiche WebLink

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were assessed unless in accordance with an appropriation made by Town Meeting. Illustrative of such legislative authority is G.L, e. 44, § 53A. Section 53A pertains to the acceptance and expenditure of gifts and grants. Funds received by the town as true gift s of gants would qualify for treatment under G.L. c, 44, § 53A,tinder which fiends given as a gift to a town department for a particular purpose may be segregated into a separate fund and may thereafter be spent without appropriation for the purpose of the gift. Interest would remain with the fund if the donor so provides. However, it strains credulity to construe the mitigation payments made tinder Section 120-8 (C) as "gifts" or"grants" in the sense intended by Section 53A. Perhaps a liberal reading of Section 120-8 (C) (2) would be that the replanting is mandatory, but may be waived if a "gift" is made to the board of selectmen under Section 53A, then the expenditure would be governed by the terms of the gift. We suggest that the town discuss this issue in more detail with town counsel, Note: Under G.L.c. 40, § 32, neither general nor zoning by-laws take effect until the town leas first satisfied tile posting/publishing requirements of this section. Once this statutory daty is fulfilled,(1) general by-laws and anicitdinents take effect on the date that these posting and publishing requirements are satisfied unless a later effective (late is prescribed in the by-law, and (2) KgRing by-laws and anieudinents are deemed to have taken effect from the (late they were voted by Town Meeting, unless a later effective (late is prescribed in the by-law. If tile Attorney General leas disapproved and deleted one or more portions of any by-law or by-law amendment submittal for approval,only those RgiAtions approved are to be posted and published pursuant to G.L. c. 40, §32. We ask that you forward to us a copy of the final text of the by-law or by-law aniendinents reflecting ally such deletion. It will be sufficient to send us a copy ()f the text posted and published by the Town Clerk pursuant to this statute. Very truly yours, THOMAS F. REILLY ATTORNEY GENERAL I,"A k, by: Kelli E. Guna gan, Assistant'iAttorney General By-law Coordinator, Municipal Law Unit 1350 Main Street, 4" Floor Springfield, MA 011034629 (413) 784-1240, x 117 enc. """ PC: C Town Counsel 0 FAUSEMRI SCE IEMP6 I WOCS\TOWNS\LEX 1NGTM#3042A,APP.wpd 3 J",