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