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12/13/2000 ZONING BOARD OF APPEALS Decisions
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12/13/2000 ZONING BOARD OF APPEALS Decisions
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Mashpee, Massachusetts, and alleges that this Board's decision exceeds <br /> the authority of this Board by its grant,based on a jurisdictional defect,to <br /> wit, a defect in public hearing notice within the meaning of Section 11 and <br /> Section 17 of the Zoning Act. <br /> 4. On or about November 13, 2000, the Assessors' Office provided a <br /> certified list of abutters to the Zoning Board of Appeals. The address <br /> provided to the Board for Plaintiff was 16 Elliot Road, Mashpee, <br /> Massachusetts. All other addresses of abutters provided to the Board were <br /> either off Cape addresses or post office boxes within the Town of <br /> Mashpee. <br /> 5. The Board of Appeals on November 24, 2000 and December 1, 2000 in <br /> the Mashpee Enterprise correctly published Notice for a Public Hearing <br /> i <br /> scheduled for December 13, 2000. <br /> 6. The Board of Appeal correctly posted at the Mashpee Town Hall Notice <br /> for Public Hearing scheduled for December 13, 2000. <br /> 7. The Board of Appeals on or about November 24, 2000,mailed, to the <br /> names and addresses of abutters provided by the Assessors,Notice for a <br /> i <br /> Public Hearing scheduled for December 13, 2000. <br /> 8. Plaintiff did not receive said mailed Notice for Public Hearing scheduled <br /> for December 13, 2000 because said Notice was sent to 16 Elliot Road, <br /> Mashpee, and not to 12 Fieldstone Path, Walpole,Massachusetts. <br /> 9. Plaintiff s primary residence is 12 Fieldstone Path, Walpole, <br /> Massachusetts, and is not 16 Elliot Road, Mashpee. <br /> i <br />
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