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08/13/2002 09:30 5084574950 JOHNCONNOLLYESQ PAGE 02 <br /> r <br /> COMMONWEALTH OF .MASSACHUSETTS <br /> BARNSTABLEf SS: -SUPERIOR COURT B B <br /> Doc. No. : 89-712 C <br /> JAMES KE12RrGAN, C <br /> Plaintiff <br /> :I <br /> CHERYL A. HAWVER, MICHAEL A. MAKUNAS <br /> and RICHARD E. HALPERN, as they are <br /> members of the MASHPEE BOARD OF APPEALS, <br /> Defendants <br /> ' STIPULATION OF THF <br /> 1 <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, thein heirs, executors; successors or <br /> assigns £rom .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, 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 /> Co The Plaintiff, its heirs, executors, successors or <br /> assigns shall be responsible for all costs associated with <br /> widening and hardening of said road iDcl_uding 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 /> of Public Works.. if the widening and surface work ,shall be <br /> LAW0MCE9 performed by the Mashpee Department of Public Works, it shall be <br /> ftAftoN,tHpMAS& paid for by the Plaintiff, its heirs, executors, successors or <br /> SALEpcassigns in advance of any road work taking -Place. <br /> Y, <br /> �DRNER OF REARSRI WAY <br /> Alt""T LANE <br /> �+'OFFlCE BOX 970 <br /> M/ANMS.MASS,OZ6,, <br />