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May 18 04 09: 09p p. 17 <br /> (SEAL) COMMONWEALTH OF MASSACHUSETTS <br /> LAND COURT <br /> DEPARTMENT OF THE TRIAL COURT <br /> BARNSTABLE. ss. \MISCELLANEOUS <br /> CASE NO. 269371 <br /> SUSAN E. LARSON, BEVERLY MITCHELL,PAUL ) <br /> GUSTAS and ANNE T.SHAW,as she is TRUSTEE of ) <br /> DEERFIELD ACRES TRUST, ) <br /> PlaintiES, ) <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 MASHPEE. ) <br /> Defendants. j <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.1.3,2001,granring 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 required.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 121 Won 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 /> �1'Y L't1G G �25 1 <br /> RECORDER <br />