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08/13/2002 09:30 5084574950 JDHNC0NNOLLYES9 PAGE 07 <br /> COMMOMVEALTH OF MASSACHUSETTS A <br /> BARNSTABLE, SS: B <br /> . SUPERIOR COURT B <br /> Doc. No. : 89-709 <br /> JAMES CURTIS, TRUSTEE OF C C <br /> i J.C. REALTY TRUST, <br /> I Plaintiff <br /> Vs.• I W 131, <br /> CHERYL A. HAWVER, MICHAEL A. MAKUNAB I <br /> F��.:.SK,,and RICHARDE. HALPERN <br /> r as the are <br /> members of the MASHPEE BOARD OF APPEA ' � r��. �-:'"•::::; , r'':��' ,� I <br /> Defendants <br /> STIPULATION of THE pAItTIES <br /> i <br /> 1. The above-entitled matter shall be remanded to the ;r: <br /> Mashpee Zoning Board of Appeals. :> <br /> ee`v <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 /> i <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 heir's, executors, successors or <br /> assigns shall cause hardening material to be placed on the. <br /> roadway so widened in a variety and amount deemed sufficient by <br /> the Mashpeo Director of Public Works to ensure the road remains <br /> passable in all weather conditions. �I <br /> C. The Plaintiff, its heirs, executors, successors or <br /> �I <br /> assigns shall be responsible for all costs associated with <br /> widening and hardening of said road including the cost of l <br /> removing any obstacles in the new road bed_ <br /> i <br /> d. The Plaintiff, its heirs, executors, successors or <br /> assigns may hire any independent contractor to do the widening <br /> and hardening of said road or he may hire the Mashpee -Department <br /> SAW of Public Works. If the widening and surface work shall be <br /> AMN.THOMAS& performed by the Mashpee Department of Public Worksr it shall be <br /> UPey,P.C. paid for by the Plaintiff, its heirs, executors, successors or <br /> E:1(F BHARBE'S WAY assigns in advance of any road work taking place. <br /> AND SASS"r LNC I <br /> 0FR@ BOX 978 <br /> AN";,MASH.02601 <br /> HOB1771^4644 <br /> i <br /> i <br />