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08/13/2002 09:30 5084574950 JOHNCONNOLLYES0 PAGE 02 <br /> i <br /> COMMONWEALTHA <br /> pF .MASSACHUSETTS IP <br /> BARNSTABLE, SS: -SUPERIOR COURT B <br /> Doc. No. : 89-712 <br /> JAMES KERRIGAN, C <br /> Plaintiff <br /> 'I <br /> CHERYL A. HAWVER, MICEA.EL A. MAKUNAS <br /> and RICHARD E. EALPERN, as they are <br /> members of the MASHPEE BOARD OF APPEALS.0 <br /> Defendants <br /> 111,t4r :'iy_�.,..v'�,•'x„v f .. rC:,.:f,;p'Sa+', �� <br /> j1 e <br /> STIPULATION of THE PARTIES <br /> 1. The above-entitled matter shall be remanded to the _ <br /> Mashpee Zoning Board of Appeals. <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 Roa6 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, successors or j <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 Mashpee Director of Public Works to ensure the road remains <br /> passable in all weather conditions. <br /> I I <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 <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 /> i of Public Works.. If the widening and surface work .shall be <br /> LAW OpMCES performed by the Mashpee Department of Public Works, it shall be <br /> R +�OON7HpMgS& pard for by the Plaintiff, its heirs, executors, successors or <br /> SAIIEy,p.G assigns in advance of any road work taking -place. <br /> '��OF BEARSE;W ny <br /> Alt MAft"T'T IANE <br /> P,017 OMM Box M <br /> 'AWS.M.S;,02BOi <br /> Sam TTI-46" <br /> I <br />