HomeMy WebLinkAboutBorderland Survey Letter 011823BORDERLAND ENGINEERING, INC.
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Randolph, MA 02368 fin: 888-566-4/3/ -6oPrQp 1mG 7l /\1�
January 18, 2023
Paul R. Tardif, Esq.
Law Offices of Paul R. Tardif, Esq., P.C.
490 Main Street
Yarmouth Port, MA 02675
RE: 1282 Route 28, Yarmouth, MA
Dear Attorney Tardif,
This letter is in response to a question on the Easterly property line as shown on an
existing conditions survey prepared by Borderland Engineering for the subject property
dated December 7, 2021.
I am aware that there is a question as to the correct location of the easterly boundary of
the property, and that an abutter to the east has called into question said location.
I am glad to try my best to explain. The short answer is there is only one valid property
line, we are showing the conflicting line to be candid and so that another surveyor will be
able to easily identify where we got our information from. We feel that the phantom
(dashed) line from Plan Book 370 Page 8 is erroneous.
As a surveyor I am only showing the boundaries of the property and not ownership or
rights. This is where it becomes more legal than survey. It is important to keep this in
mind. However sometimes the best way to confirm things like this is to have the
surveyor of the other property take a look at it and confirm the findings. I know this is an
expense but I will be glad to share all my information and have a meeting with them to
help reduce cost.
That being said, here is a summary of the findings. In surveying sometimes we run into
gaps and overlaps with abutting properties. In this case there is an overlap and it was
discovered during the research phase of the survey and confirmed with field evidence.
#1282 Deed refers to Plan Book 110 Page (April 1953 by Bearse and Kellog)
This plan depicts the Easterly boundary of the property prior to a subdivision of the
Northerly portion. Our additional research and field measurement checked with this line.
#1276 Deed refers to Plan Book 110 Page 143 (July 1953 by Bearse and Kellog)
This plan shows the same Easterly boundary of the property and a subsequent
subdivision of the Northerly section. This creates "Parcel A" which is the property to the
East, a portion of 1292 Route 28. This is how the East line was created and unless
there was a subsequent subdivision this line did not change.
#1292 Master Deed refers to Plan Book 370 Page 8 (1982 Cape & Island Surveying)
This is a Condominium Site Plan and bears the 81X certification "No new lines or ways".
This is not signed by the Planning Board and not required because it is not changing any
property lines. The intent of this plan was to retrace the boundary as depicted on Plan
Book 110 Page 143.
#1292 (pre -condo) Deed refers to Plan Book 88 Page 67 (July 1947 by Coombs)
This plan only shows the Easterly portion of property #1292. The Westerly portion was
still owned by William Hamnlin in 1947.
Additional un-recorded Plan (June 2019 by JC Engineering)
This plan was done for the owner of #1282 Route 28 for parking layout. It is stamped by
a Professional Land Surveyor. The plan shows the Easterly property line discrepancy
and further confirms our findings.
In summary, the Easterly line as shown on our survey is a retracement of Plan Book 110
Page 143. Our survey is prepared on Massachusetts State Plane rotation and overlays
with the north rotation used for Book 110 Page 143. We feel that the line as shown on
our plan was the intent of the original surrey and is based on evidence to support our
findings.
Please contact me at my office at 781-963-9500 if I can be of further assistance in any
way.
Very truly yours,
Borderland Engineering, Inc.
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Gregory . Bunavicz, PLS
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