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01/06/1999 PLANNING BOARD Minutes
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01/06/1999 PLANNING BOARD Minutes
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Mashpee_Meeting Documents
Board
PLANNING BOARD
Meeting Document Type
Minutes
Meeting Date
01/06/1999
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r revegetate the area after road construction was completed. <br /> jS <br /> At this point, the vice Chairman requested proof of , <br /> `Y`Y <br /> resolution of all ownership issues. <br /> •j <br /> is-tlk <br /> s`u Applicant provided copies of the following documents <br /> Letter from Attorney Patrick Butler of Nutter, McClennen & Fish, } <br /> y, L,L.P, dated January 6, 1999 to Mr. Thomas Fudala, Town Planner; F <br /> Stipulation of Dismissal; Letter from Attorney Michael Princi <br /> k <br /> dated January6 1999 to Terry Nolan Fidelity National Title <br /> Y y <br /> Insurance Company outlining financial transactions; and copy of <br /> certified check in the amount of Thirty Thousand ($30, 000 . 00) <br /> Dollars. <br /> Applicant stated the closing transaction has been completed <br /> and that he intends to file Special Permit with the Registry of <br /> Deeds on Thursday, January 7. 1999 . <br /> r At this point, the vice Chairman read into the Record letter <br /> received. from Nutter McClennen & Fish L.L.P. to Mr. Thomas <br /> Fudala, Town Planner: "Dear Tom: In conformance with our prior <br /> discussions, I am forwarding herewith a copy of the Stipulation <br /> of Dismissal which has been entered into by and between Stuart <br /> Bornstein d/b/a The Bornstein Companies and Windchime, Inc, and <br /> The Related. Companies, Inc. in Barnstable Superior Court Civil <br /> s Action #97-368 . I also enclose a copy of correspondence from <br /> Attorney Michael Princi to Terry Nolan of Fidelity National Title <br /> {} Insurance which confirms that the purchase price has been placed <br /> into Escrow with Fidelity National Title Insurance Company <br /> pending recording of the Deed and the Modification of Special <br /> Permit tomorrow morning at the Barnstable County Registry of <br /> }err i <br /> Deeds. The affect of the Stipulation of Dismissal is a final <br /> r resolution of the case by and between the buyer and the seller, <br /> and allows Mr. Bornstein' s companies to proceed with the <br /> purchasing of the property in accordance with that purchase and <br /> a sale agreement. Mr. Bornstein will be present at the Planning <br /> Board Meeting this evening to obtain the fully executed <br /> Modification of Special Permit. Per your request, I am also <br /> writing to warrant and represent to you and the Planning Board <br /> 'F that Richard A. Johnson is the Attorney of record for Windchime, <br /> Inc. , and The Related Companies, Inc. and, accordingly, is fully <br /> authorized to execute and deliver the Stipulation of Dismissal . . , <br /> I <br /> Signed Patrick M. Butler. " <br /> "Stipulation of Dismissal - The parties hereto hereby <br /> stipulate and agree that the within action and all claims brought <br /> therein are dismissed with prejudice and without costs or fees to <br /> either party and with all rights of appeal waived. Signed by <br /> Michael J. Princi, Attorney for Stuart Bornstein d/b/a The <br /> Bornstein Companies and Richard A. Johnston, Attorney for <br /> Windchime, Inc. and The Related Companies, Inc. , dated January 6, <br /> f 1999. Barnstable Superior Court Docket No. 97-368. 11 <br /> F <br /> I <br /> 6- <br /> 1 <br /> m <br /> I <br /> I_ <br /> I eif 1; <br /> I <br /> •2=ii k <br /> II. <br /> II <br /> !k <br />
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