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NUTTER, McCLENNEN & FISH LLP
ATTORNEYS AT LAW
ROUTE 132-1513 IYANNOUGH ROAD
P.O.BOX 1630
HYANNIS,MASSACHUSETTS 02601-1630
TELEPHONE:508 790-S400 FACSIMILE:S08 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.
Z
y. Butler
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
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. . °: The Town of Barnstable
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Department of Health Safety and Environmental Services
.erFDA 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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