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1982-1983-ZBA APPEALS - BLACKBOOK
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1982-1983-ZBA APPEALS - BLACKBOOK
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418 (1963) ; Carey v. Planning Board of Revere , 335 Mass. 740 , <br /> 745 (1957) . <br /> The court rules that• thg plaintiff timely filed his appeal <br /> in the Barnstable Superior Court on May 28 , 1974 , the twentieth <br /> day after the filing of the decision by the board of appeals. <br /> However, the court finds and rules that the copy of the appeal <br /> and notice thereof, was not given to the town clerk of Mashpee <br /> until June 3 , 1974, the date upon which it was received in said <br /> office; and that it was, therefore, not given by the twentieth <br /> day which would have been May 28 , 1974 , in order to comply with <br /> the mandatory requirement of G.L. c. 40A, 921. This filing <br /> requirement is "policed in the strongest way" . Pierce v. Board <br /> of Appeals of Carver , 369 Mass. 804 , 808 (1976) ; Marvin v. Board <br /> of Appeals of Medfield, 5 Mass. App. Ct. 764 , 772 (1977) ;, <br /> Costello v. Board of Appeals of Lexington, 3 Mass. App. Ct. 441 <br /> (1975) .3/ <br /> The plaintiff asks the court to infer that since notice and <br /> copy of the "Petition on Appeal" were mailed to Mashpee by <br /> certified mail from Fitchburg on May 22 , 1974 , and since notice <br /> and the "Petition on Appeal" were also mailed to the Barnstable <br /> . Superior clerk in Barnstable on the same date, May 22, 1974 and <br /> received by the Barnstable clerk on May 28 , 1974, that the <br /> appeal must also have been received, either actually or <br /> 3� The notice requirements toparties respondent and <br /> affidavit of such notice found in G.L. c. 40A, y^21 (third <br /> paragraph) have been relaxed. Pierce v. Board of Appeals of <br /> Carver, 369 Mass. 804 (1976) , and cases cited; Ladd v. Board of <br /> Appeal of Malden, 352 Mass. 777 (1967) . These cases are <br /> inapposite to the issue in the case before this court. <br /> 7 - <br />
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