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constructively, in the Mashpee town clerk' s office on or before <br /> May 28 , 1974 , the twentieth day. The court is unwilling to draw <br /> this inference. It is judicially noticed that May 22 , 1974 was <br /> a <br /> < on a Wednesday and that Monday, May 27 , 1974 was Memorial Day, a <br /> holiday. The court will not draw the inference that the mailing <br /> was received in Mashpee at the town clerk 's office, either <br /> actually or constructively, on the fourth business day after the <br /> mailing . As was stated in Bjornlund v. Zoning Board of Appeals <br /> of Marshfield, 353 Mass. 757 (1967) : " [S] ection 21 requires <br /> 1 <br /> seasonable receipt of the notice by the town clerk and makes no <br /> allowance for slow and inefficient postal service, as it would <br /> if the section merely required that the notice be mailed and <br /> postmarked within the twenty day period. " <br /> Thus, I rule that there is no genuine issue of fact in this <br /> case. that the required notice and copy of the, appeal were <br /> received in the office of the town clerk of Mashpee on any date <br /> other than June 3 , 1974 , six days after the statutory period for <br /> filing had expired. <br /> Although the 'town' s affidavit contends that only the <br /> "Petition on Appeal" was received by it on June 3 , 1974 and that <br /> no other form of notice was filed in the town clerk' s office , a <br /> failure of the plaintiff to timely file both the notice and a <br /> copy of the appeal would not defeat the court' s jurisdiction in <br /> light of principles set forth in Carr v. Board of Appeals of <br /> Saugus, 361 Mass . 361 (1972) and McLaughlin v. Rockland Zoning <br /> Board of Appeals, 351 Mass. 678 (1967) . <br /> 8 - <br />