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oe/13/2002 09:30 5084574950 JOHNCONNOLLYESO PAGE 07 <br /> COMMOM-TEALTH OF MASSACHUSETTS �A <br /> BARNSTABLE, SS: SUPERIOR COURT B IB <br /> AOC. No. : 89-709 <br /> 1 JAMES CURTIS, TRUSTEE OF C `� <br /> REALTY TRUST, v <br /> Plaintiff <br /> CHERYL. A. HAWVER, MICHAEL A. MAKUNAS <br /> and RICHAR]] E. HALPERN, as they are +' '•;tl <br /> members of the MASHPEE BOARD OF APPEA <br /> t•` <br /> Defendants <br /> zYo_:+'�::•aa.,.'.at__x.,,.__.:ac:.•_.,ti.:.'.,4t L.FY.i <br /> � I <br /> STIPULATION OF THE PARTIES I <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 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 jl <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 <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 /> 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 /> i <br /> d. The Plaintiff, its heirs, executors, successors or <br /> assigns may hire any independent contractor to do the widening <br /> and . <br /> hardening of said g s road or he may hire the Mashpee Department <br /> LAW CFFiCCo of Public works. If the widening and surface work shall be <br /> "WN,THOMAS a performed by the Mashpee Department of Public Works, it shall be <br /> hAILEy.p.c. paid for by the Plaintiff, its heirs, executors, successors or <br /> �96APMrSWAY assigns in advance of any road work taking place. <br /> "Uss" ANC <br /> T QMCE 90X 979 <br /> "0-MA-38.op <br /> .Go, <br /> �81771.o641 <br />