634 N.E.2d 154
No. 92-P-1028.Appeals Court of Massachusetts.
April 25, 1994.
The judgment entered November 7, 1991, is modified by adding a final paragraph providing as follows: “Jurisdiction shall be retained for the purpose of enabling the Town to apply to this court at any time for modification of this judgment should use of the way by the Town for motor vehicles become reasonably required for proper maintenance
Page 1116
of the McIntosh land as Town conservation land. At such time the plaintiffs may also apply for appropriate limitations on such use so that it will not substantially disturb the peace, comfort or enjoyment of persons of ordinary sensibilities occupying the plaintiffs’ premises and not unreasonably diminish the value of the plaintiffs’ properties.” As so modified, the judgment is affirmed.