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a� <br /> 08/13/2002 09:30 5084574950 J0HNC0NN0LLYESQ PAGE 02 <br /> COMM0Mg2ALTH OF .MASSACHUSET'TS A <br /> BARNSTABLE, SS: -SUPERIOR COURT B <br /> Doc. No. : 89-712 <br /> JAMES KERRIGAN, <br /> C <br /> Plaintiff <br /> VS. Itl' i4 -�5 ::JIwJi ;�rrL_r j <br /> tAF <br /> CHERYL A. HAWVER, MICHAEL A. MAXU14AS ^ ''; <br /> and RICHARD E. HA.LPERN, as they are i' <br /> members of the MASHPEE HOARD OF APPEALS, <br /> Defendants <br /> F ! "�sr,'�f .._—_moa•,u:.-•.z::cm•w.i..s�iu�7 y. <br /> STIPULATION of THS PgRT <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 <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 /> awoMM performed by the Mashpee Department of Public Works, it shall be <br /> At'ft 'NOMAS& Paid for by the Plaintiff, its heirs, executors, successors or <br /> SAILE,,PC assigns in advance of any road work taking -place. <br /> bRNM 0F:EWARSE'3 W AY <br /> A�WSM LANE <br /> PtMT OFRM BOk 4 i <br /> NyANMS,MAS&0290 <br /> TTt-46" <br />