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b8l,13/2002 09:30 5084574950 JOHNCONNOLLYESQ PAGE 07 <br /> COMMONWEALTH OF MASSACHUSETTS A <br /> BARNSTABLE, SS: SUPERIOR COURT B <br /> Doc. No. : 89-709 <br /> � JAMES CURTZS, TRUSTEE OF <br /> i J.C. REALTY TRUST, _ <br /> Plaintiff <br /> �,•4" <br /> Vs. ,f Oar TABLE,jV <br /> CHERYL A. HAWVER, MICHAEL A. MAKUNAS <br /> and RIC$ ._...° <br /> ARA E. HALFERN, as they are � '" r�+' tN�,�• "r� <br /> s of the i <br /> member a MASHFEE BOARD Of' APFEA �� <br /> Defendants <br /> STIPULAT10N OF THE pARTIES <br /> I 1. The above-entitled matter shall be remanded to the <br /> Mashpee Zoning Board of Appeals. <br /> eiPli: <br /> 2. The Mashpee Zoning Board of Appeals shall issue a <br /> variance to the Plaintiff, their heirs, executors, successors or <br /> assigns from Section 7.6 of the Zoning Bylaws upon the following <br /> terms and conditions: <br /> a. The Plaintiff, its heirs; executors, successors or <br /> assigns shall cause Goodspeed Meetinghouse Road to be widened <br /> from the intersection of said road with Route 130 to the <br /> southerly side line of Lettie Lane. The widening shall be to a <br /> width considered to be sufficient by the Mashpee Director of <br /> Public works to allow emergency vehicles to access the <br /> Plaintiff 's property. <br /> b. The Plaintiff, its heirs, executors, successorsor <br /> assigns shall cause hardening material to be placed on the <br /> roadway so widened in a variety and amount deemed sufficient by <br /> i. <br /> the Mashpee Director of Public Works to ensure the road remains <br /> passable in all weather conditions. <br /> C. The Plaintiff, its heirs, executors, successors or <br /> assigns shall be responsible for all costs associated with <br /> widening and hardening of said road including the cost of <br /> removing any obstacles in the new road bed. <br /> d. The Plaintiff, its heirs, executors, successors or I' <br /> assigns may hire any independent contractor to do the widening <br /> and hardening of said road or he may hire the Mashpee -Department i. <br /> �Awof Public Works. If the widening and surface work shall be I. <br /> ROON,1'HOMASa performed by the Mashpee Department of Public Works, it shall be <br /> UILEY,P,C, paid for by the Plaintiff, its heirs, executors, successors or <br /> "ISEARraesWAY assigns in advance of any road work taking place. j <br /> USS"T IANC <br /> OIFlD:Box 979 <br /> �fAA89.OEW 1 <br /> �BI7TIa�q <br /> j <br />