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09/13/2002 09:30_ 5084574950 JOHNCONhIOLLYESQ PAGE 05 <br /> t <br /> COMMONWEALTH OF MASSACHUSETTS A <br /> BARNSTABLE, SS: SUPERIOR COURT B <br /> Doc. :No. : 89-710 <br /> NANCY KERRIGAN, <br /> Plaintiff <br /> Y t.r• <br /> CHERYL A. HAWVER, MICHAEL A. MAKUNAS <br /> and RICHARD E. HALPERN, as they are ,�� �?r ,, �f:;:< <- j; <br /> members of the MASHPEE BOARD OF APPEA .<a.�y.,_ -� ', ' �`.•,� <br /> Defendants r� .._ _•�.�:;, , .. F...,� <br /> STIPIILATzoN OF THE PARTIES <br /> I <br /> 1 . The above-entitled matter shall be remanded to the r <br /> . I <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, 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 /> of Public Works. If the widening and surface work shall. be <br /> LAW oMCE3 performed by the Mashpee Department of Public Works, it shall be. <br /> WTWOMA$ paid for by the Plaintiff, its heirs, executors, successors or <br /> ULPy,a.c. assigns in advance of any road work talking place. <br /> OF SEARmrs WAY <br /> App BASSerT LA,, <br /> ST OFgCE BOX§T6 . <br /> ANNIE,MASS, M, <br /> 6081771-<G4V <br />