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08/13/2002 09:30 5084574950 JOHNCDNNOLLYESQ PAGE 07 ' <br /> I <br /> COMMOMgEALTH OF MASSACHUSETTS <br /> BARNSTABLE, SS: SUPERIOR COURT B B <br /> Doc. No. : 89-7.09 <br /> 1 JAMES CURTIS, TRUSTEE OF C+ IC <br /> i J.C. REALTY TRUST, <br /> Plaintiff <br /> CHERYL A. HAWVER, MICHAEL A. MA <br /> KUNAS <br /> and RICHARD E. HALPERN# as they are <br /> members of the MASHPEE BOARD OP APPEA ;, i 5r:,•.za1 + <br /> ;. <br /> Defendants . '�� • - _r <br /> sro_:ca::•aaanauvu_rte,.:=.v.5��•u..:c._.:.!.yGL I`ttJ <br /> r <br /> STIPULATION OF THE PARTIES <br /> imTI <br /> 1. The above-entitled matter shall be remanded to the Lim TIM` <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 <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, successor's 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 hardening of said road or he may hire the Mashpee -Department <br /> 4AWOFM Zs of Public Works. If the widening and surface work shall be <br /> flDON-THOMASR performed by the Mashpee Department of Public Works, it shall be <br /> BaLEY,p.c. paid for by the: Plaintiff, its heirs, executors, successors or <br /> OF 9EARGITS WAY assigns in advance of any road work taking place. <br /> AIM BASSETT 6ANC <br /> FolT QpMM BOX 478 <br /> ANMS,MA^y.OZf+01 <br /> 6081771•o�qq <br />