1982-1983-ZBA APPEALS - BLACKBOOK

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not based upon his personal knowledge in ruling on . this motion.211 v The timeliness of the required filings involving the plaintiff ' s appeal is governed by G.L. c. 40A, §21, second par . , as amended through St. 1974 , c. 78 , §1 (see now G.L. c. 40A, §17 , first par . , as appearing in St. 1975, c. 808 , 93) . G.L. c. 40A, §21, as amended .through St. 1974 , c. 78 , §1 reads in part: . . , any person aggrieved by the decision of the board of appeals . . . may appeal to the superior court . . . by filing a bill in equity within twenty days after the decision has been filed in the office of the city or town clerk . . . Written notice of such appeal together with a copy of the bill in equity shall be given to such city or town clerk within said I twenty day period. " I < The aforesaid dual filing requirements imposed by G.L. c. Y 40, §21 are mandatory and are essential to the maintenance of an appeal. Bjornlund v. Zoning Bbard of Appeals of Marshfield, 353 Mass. 757 (1967) ; Maria v. Board of Appeal of Lowell, 348 Mass, 798 (1965) ; Lincoln v. Board of Appeals of Framingham, 346 Mass. 2/ While paragraph 7 of the . affidavit of plaintiff ' s counsel is hearsay and is not based on his personal knowledge , and is disregarded in ruling on this motion, it should be noted that, were it to be considered , it would not advance the plaintiff ' s contention that a genuine .issue of material fact exists on the jurisdictional question. Nothing in this said affidavit avers that the certified letter mailed by plaintiff ' s counsel from Fitchburg to the town clerk on May 22 , 1974 arrived at the Mashpee Post Office on or before May 28 , 1974 , or assuming it did , that a notice was put in the post office box maintained by the town on or before that day announcing its arrival. 6 -