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Street so as to allow a reduction in the number of parking spaces in a commercial center)is being <br /> remanded to defendant Mashpee Zoning Board of Appeals(the"Boar(T") so that Raleigh may <br /> request permission to withdraw its petition. <br /> b. The Board promptly shall duly provide lawful notice of, and hold,a new public <br /> hearing regarding Raleigh's variance petition, and, at the new public hearing, Raleigh will <br /> request permission from the Board to withdraw the variance petition. <br /> C. After Raleigh requests permission to withdraw its variance petition, the Board will <br /> consider Raleigh's request promptly, and if, following due deliberation at the close of the hearing <br /> to be held by it, the Board grants Raleigh's request for permission to withdraw its variance <br /> I <br /> petition,the parties shall notify this court of this result; in addition, the parties will provide the <br /> court with a certification of the Town of Mashpee that no appeal has been taken from the grant by <br /> the Board of Raleigh's withdrawal request. j <br /> d. Upon the court receiving notice that the request by Raleigh to withdraw <br /> its petition has been granted and that no timely appeal has been filed, a judgment shall enter <br /> forthwith dismissing this action without any costs to any party and with all parties having <br /> previously waived any and all rights of appeal from said judgment of dismissal. <br /> e. The Court retains jurisdiction over this matter pending entry of a final judgment of <br /> dismissal. <br /> I , <br /> jI <br /> So ordered. <br /> By the court. (Piper, J.) <br /> Attest: <br /> Ann-Mane J..Breuer <br /> Deputy Recorder <br /> A TRUE COPY <br /> ATTEST: <br /> Dated: June 3, 2003 <br /> *� a <br /> DEPUTY <br /> j <br />