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From the aforesaid information, and reasonable ihferen6es. '. <br /> drawn therefrom, I find the following facts: <br /> On May 8 , 1974 , the board of appeals of the town of Mashpee <br /> filed its decision with the Mashpee town clerk' s office, denying <br /> the plaintiff ' s request for a variance from the town.!.s zoning, <br /> by-law. The denial formed the basis of plaintiffs appeal to <br /> the Superior Court of Barnstable County in this case,.. ._,,.. . <br /> On May 22, 1974, plaintiff' s attorney caused to be sent <br /> from Fitchburg, Massachusetts, by first-class mail, a letter <br /> enclosing a "Petition on Appeal" , to the clerk of the Barnstable <br /> County Superior Court in Barnstable, Massachusetts, requesting <br /> that the petition be filed. <br /> On May 28 , 1974 , the plaintiff ' s "Petition on Appeal" was <br /> received and docketed by the clerk of the Superior Court of <br /> Barnstable County. <br /> I < On May 22 , ' 1974 , plaintiff ' s attorney also caused to be <br /> I , sent from Fitchburg , Massachusetts , by certified mail, return <br /> receipt requested, addressed to Ms. Bernice Grant, • Clerk, Town <br /> r Hall, Mashpee, Massachusetts , :a copy of the letter sent on the <br /> same day to the clerk of the Barnstable Superior Court. This <br /> letter , reads as follows: <br /> May 22 , 1974 <br /> Ms. Barbara Holmes Neil, Clerk <br /> Barnstable County Superior Court <br /> Court House <br /> Main Street <br /> Barnstable, Massachusetts 02630 <br /> RE: Malcolm E. MacDonald vs. <br /> Clara L. Keliinui , Kevin D. O'Connell <br /> and Frank E. Hicks, as they are the duly <br /> constituted members of the Board of <br /> Appeals of the Town of Mashpee <br /> 3 - <br />