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NUTTER, McCLENNEN & FISH, LLP
ATTORNEYS AT LAW
ROUTE 132-1513 IYANNOUGH ROAD
P.O.BOX 1630
HYANNIS,MASSACHUSETfS 02601-1630
TELEPHONE:508 790-5400 FACSIMILE:508 771-8079
DIRECT DIAL NUMBER
(508) 790-5407
August 25, 1998
Ralph Crossen, Building Commissioner
Town of Barnstable
Barnstable Town Hall
367 Main Street
Hyannis, MA 02601
Re: Lot A as shown on Plan recorded in Book 539, Page 96
Lot 23 as shown on Land Court Plan 12102M
Dear Ralph:
This correspondence is forwarded to you in accordance with the conversations we had
with Bernie Klotz regarding the above-referenced properties. This will confirm that I
represented Mrs. Peak as the Trustee of the Peak Nominee Trust in preparation and
recording of an ANR subdivision plan (a copy of which is enclosed). Subsequent to the
recording, Lot 24 and Lot B (highlighted in blue) were transferred to Mr. and Mrs. Pence,
the owner of the lot adjacent to these properties to the east. Mrs. Peak, as Trustee, retained
title to Lot A and Lot 23 (highlighted in pink).
Based upon this subdivision, and taking into account the location of the top of bank, it
is our opinion that neither Lot A nor Lot 23, either individually or as a combined lot would
be buildable under applicable provisions of the Barnstable Zoning Ordinances. Such
buildability would only occur in the event of the obtaining of a variance from the Zoning
Board of Appeals, which variance, in our opinion, would be unattainable in light of the self-
created hardship resulting from the subdivision.
Accordingly, we are of the opinion that these lots are not buildable.
Would you kindly acknowledge your receipt of this correspondence and the enclosed
plan and your acknowledgement and agreement to the foregoing.
NUTTER. McCLENNEN & FISH. LLP
Ralph Crossen, Building Commissioner
August 25, 1998
Page 2
Thank you in advance. Certainly, should you have any questions, please do not
hesitate to contact me.
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PMB/cam
cc: Mrs. Patricia W. Peak
Bernard W. Klotz (w/out enclosure) via facsimile - 508-778-6611
Acknowledged and agreed:
Ralph Crossen, Building Commissioner
524434 1.WP6
FSFIE
°* The Town of Barnstable
* BARNSfABM
9q, "%�; � Department of Health Safety and Environmental Services
ATFDNIO'�A Building Division
367 Main Street,Hyannis MA 02601
Office: 508-862-4038 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
PLEASE FORWARD THE ATTACHED PAGE(S) TO:
TO: Nutter,McClennen & Fish
ATTN: Pat Butler
FAX NO: 771-8079
FROM: Ralph Crossen
DATE: 8/26/98
PAGE(S): 2 (EXCLUDING COVER SHEET)
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��-- I CERTIFY THAT THIS PLAN HAS
s z LO.B.IFND. BEEN PREPARED 1N CONFORMITY WITH
N I THE RULES AND REGULATIONS OF THE
REGISTERS OF DEEDS.
DATE: Fse. IL—WO"
I U-4 a G«8 P.L.S.
Lam I
HYANNIS HARBOR I
U)m MAP I
I
SCALE 1 Y I .000 I FOR REGISTRY USE
I ASSESSORS
ptMMC aCALE
MAP 306 PARCEL 206 k 207 I 0 20 4o
ZONE I �'
RB k AP
RESIDENCE B I
MINIMUMS
AREA - 43.560 S.F. I o_
FRONTAGE - 20'
�. WIDTH 100'
FRONT SETBACK - 20' I
SIDE SETBACKS - 10' J
REAR SETBACK - 10' I
BUILDING HEIGHT 30' z
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\ I
s?" LOT 8 LOT 1 L•C•C• 12102E o
\ \ L.C.C. 12102E
�NI A \ " THE BREAKWATERS" `I Sell
\ q� \ CONDOMINIUMS d I I
944/1 ;w F
\ S 87'00
N N 87'00'40" E e1.S0' S 74�8 JS E B y
59.1l4' X-4 i C ENO. __
•
_— _ N 01b3'03• NY
I I \ DIANE ROGERS LOT 13 LC.C. 12102G
� I I ( \ �T410AIERY!PETER � R 7� �"
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LOT A ' g1 I 94 2 OCERS $ r,
THE BREAKWATERS" � ot
CONDOMINIUMS
z i,► 1y
g LOT 9 L.C.C. 12102E 0
u I I w � �• a
LOT 12 \\
\ = L.C.C. 12102G �
\ i RS" I \
Z I Lor B 762
1 ,
W " THE BREAKWATE I O
CONDOMINIUMS I
C I
u =
LOT 10 L.C.C. 12102E 15.00'
u se:3o� i,C.H. FM
B -p
C . END. NI 8 40 E f TC
LOT C
I I CHERRY TREE L.C.C. 12102A FENCE m
3
——�— W
wI*MKR FRAME
�, 'QED I I ; •�
• i
L.C.B. END. I I LOT 24 i
Y
eY I y PORCH
ROBERT L. DAMBROV• TR. I.P. FND
' LOT 11 L.C.C. 12102F I I Tj L.O.B• FND.
LOT
a —
F p
HOWARD F. PEAKAII
LOT 14 LC.C. 12102G
k PATRICIA W. PEAK
.• DECK \_ . . 80TTOM OF BANK
I A6
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N
AL AL
TIMBER RETAINING AL AL AL AL
Sk
w AIL AL AL AL •►
100.36' AL AL AL 'Y` AL #
R.B. ENO. N 88'50'40" W C.B. FWD.
cs.END.
TOWN OF BARNSTABLE DOC. NO. 80048
BARNSTABLE PLANNING BOARD
PLAN OF LAND
IN
+ APPROVAL UNDER THE SUBDIVISION HYANNIS
i • CONTROL LAW NOT RCOUIRED.
DATE: f sL/d� BARNSTABLE 9 MASS.
FOR
�
NOTE: NO DETERMINATION AS TO PEAK NOMINEE TRUST
COMPLIANCE WITH THE ZONING
ORDINANCE REQUIREMENTS HAS SCALE: 1' - 20' DATE: JAN. 28.1997
BEEN MADE OR INTENDED BY THE
REV. FEB. 13,1997
ABOVE ENDORSEMENT.
BAXTER L NYE INC.
REGISTERED LAND SURVEYORS
CIVIL ENGINEERS
OSTERVILLE, MASS.
NOTE:
LOT A IS NOT TO BE CONSIDERED AS A
SEPARATE BUILDING LOT AND IS TO BE
COMBINED WITH LOT 23.
LOT 8 IS NOT TO BE CONSIDERED AS A
SEPARATE BUILDING LOT AND IS TO BE
COMBINED WITH LOTS 12. 14• C. k 24.
DEED REFERENCE: HOWARD F. PEAK,111, k PATRICIA W. PEAK BOOK 6800 PAGE 199 #96168
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