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as herein provided, affix penalties for breaches thereof not exceeding three' hundred; <br /> dollars for each offense,which shall enure to the town or to such uses as it may direct. <br /> (Emphasis added.) ;. <br /> General Laws Chapter 40, Section 21, recognizes the power of towns to impose penalties <br /> for violations of by-laws. However, the maximum penalty allowed under Section 21 is$300 and <br /> any penalty imposed greater than $300 would be inconsistent with Section 21. Therefore, we <br /> disapprove and delete the above-quoted text in Chapter 78, Section 9 that would allow a fine of <br /> $500. The Town may wish to amend its by-laws at a future town meeting to provide for a fine <br /> that is consistent with G.L. c. 4Q, § 21. <br /> Article 41 - Article 41 adds a new Subsection 4.4, "Residential Gross Floor Area," to <br /> Section 4.0 of the Town's zoning by-laws. Subsection 4.4 provides the maximum allowable <br /> residential gross floor area for "all buildings on a lot containing a one-family or two-family <br /> dwelling." In addition, Subsection 4.4 authorizes the Town's Special Permit Granting Authority <br /> to grant a special permit allowing a building to exceed the maximum gross floor area. <br /> During our review of Article 41 we received a letter urging our disapproval of the Article <br /> on the basis that: (1) the public meetings notices did not adequately inform people of the <br /> proposed by-law amendments; (2) no informational materials were provided to residents on the <br /> proposed amendments; (3) inaccurate information was given at Town Meeting; (4) the <br /> proposed amendments increase the value of certain properties and decrease the value of other <br /> properties; and (5) the proposed amendments unfairly impact the elderly population in the <br /> Town. As provided in more detail below, we have determined that the asserted deficiencies <br /> cited in the opposition letter do not provide grounds for us to disapprove Article 41. <br /> Pursuant to G.L. c. 40, § 32, the Attorney General has a "limited power of disapproval," <br /> and "[i]t is fundamental that every presumption is to be made in favor of the validity of <br /> municipal by-laws." Amherst v. Attorney General, 398 Mass. 793, 795-96 (1986). The <br /> Attorney General does not review the policy arguments for or against the enactment. Id. at 798- <br /> 99 ("Neither we nor the Attorney General may comment on the wisdom of the town's by- <br /> law.") Rather, in order to disapprove a by-law, the Attorney General must cite an inconsistency <br /> between the by-law and the state Constitution or laws (emphasis added). Id. at 796. "As a <br /> general proposition the cases dealing with the repugnancy or inconsistency of local regulations <br /> with State statutes have given considerable latitude to municipalities, requiring a sharp conflict <br /> between the local and State provisions before the local regulation has been held invalid." <br /> Bloom v. Worcester, 363 Mass 136, 154 (1973) (emphasis added). "The legislative intent to <br /> preclude local action must be clear." Id. at 155. Massachusetts has the "strongest type of home <br /> rule and municipal action is presumed to be valid." Connors v. City of Boston, 430 Mass. 31, <br /> 35 (1999) (internal quotations and citations omitted). The Attorney General also does not review <br /> by-laws for consistency with local law. See G.L. c. 40, § 32. <br /> When reviewing zoning by-laws for consistency with the Constitution or laws of the <br /> Commonwealth, the Attorney General's standard of review is equivalent to that of a court. <br /> "[T]he proper focus of review of a zoning enactment is whether it violates State law or <br /> 2 <br />