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7 <br /> Matj IS 04 09: 09p p. 17 � <br /> COMMONWEALTH OF MASSACHUSETTS <br /> (SEAL) <br /> LAND COURT <br /> DEPARTMENT OF THE TRIAL COURT <br /> BARNSTABLE. ss. MISCELLANEOUS <br /> CASE NO. 269371 <br /> ) <br /> SUSAN E. LARSON, BEVERLY MITCHELL,PAUL ) <br /> GUSTAS and ANNE T.SHAW,as she is TRUSTEE-of ) ` <br /> DEERFIELD ACRES TRUST, ) <br /> Plaintiffs. <br /> ) s <br /> E <br /> V. ) <br /> EDWARD M.GOVONI,JAMES E.REGAN, JAMES M. <br /> DORGAN,ROBERT C.NELSON, RICHARD T. } <br /> GUERRERA,ZELLA E.ELIZENBERRY,FREDERICK ) <br /> BORGESON,MARSHALL BREM,as they are the } <br /> Mashpee Zoning Board of Appeals,JEREMY M, CARTER.) <br /> DONALD ELLIS, and the TOWN OF NtkSHPEE, j <br /> Defendants. <br /> ) <br /> JUDGMENT <br /> This action was tried on November 24,2003,and a decision has been entered this day. <br /> In accordance with that decision, it is hereby <br /> ORDERED, ADJUDGED, and DECLARED that the decision of defendant Mashpec <br /> Zoning Board of Appeals (ZBA)filed with the Mashpee Town Clerk on January 1.8,2001,granting a <br /> variance to defendant Donald Ellis is null and_void for the reason that the ZBA acted in excess of its <br /> authority for failing to make the reguired.findings of G.L.c. 40A, § 10; and it is further <br /> ORDERED,ADJUDGED, and DECLARED that the minimum.lot area and frontage <br /> requirements contained in § 174-31 of the Code of the Town.of Mashpee govern the development of <br /> lot 3 h on Land Court Plan 1210]°on file with the Barnstable Registry District of the Land Court. <br /> By the Court. (Lombardi,J.) <br /> Attest: <br /> Deborah J. Patterson . <br /> Recorder <br /> Dated: December 29, 2004 A TRUE COPY <br /> ATTEST- <br /> RECORDER <br />