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12/08/2004 ZONING BOARD OF APPEALS Minutes
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12/08/2004 ZONING BOARD OF APPEALS Minutes
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Mashpee_Meeting Documents
Board
ZONING BOARD OF APPEALS
Meeting Document Type
Minutes
Meeting Date
12/08/2004
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r <br /> Area) as necessary for the sole purpose of maintaining and/or <br /> repairing those encroaching portions of the existing Lot 266 <br /> house and deck, all at the sole cost, peril and/or risk to the <br /> Owners of Lot 266 . <br /> B. Extinguishment of Encroachment Easement. <br /> Notwithstanding the foregoing in the event of either (1) the <br /> alteration of the encroaching portions of the Owners' of Lot 266 <br /> house or deck or (2) the demolition or reconstruction of the <br /> encroaching portions of the Owners' of Lot 266 existing house or <br /> deck, the above Easement granted for the House Encroachment shall <br /> be extinguished. Nevertheless, ordinary repair or maintenance of <br /> the Owners' of Lot 266 existing house or deck or ordinary repair <br /> or maintenance of any encroaching portions thereof (including <br /> repairrs or maintenance that require removal or replacement of <br /> any encroachment or any portion thereof, provided any such repair <br /> by replacement is equivalent in scope and nature to what is <br /> removed and replaced) shall be deemed not to constitute (1) an <br /> alteration of any encroachment or (2) demolition or <br /> reconstruction of the encroaching portionss of the existing house <br /> or deck. <br /> 6. Appurtenant Rights. The New Access Easement and <br /> Encroachment Easement granted to the Owners of Lot 266 by the <br /> Owner of Lot 267 hereunder shall be deemed to be appurtenant to <br /> the land of the Owners of Lot 266 and shall be binding upon the <br /> Owner of Lot 267 and shall enure to the benefit of the Owners of <br /> Lot 266 hereto and their heirs, successors, legal representatives <br /> -4- <br />
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