44 BAY VIEW AVENUE - SURVEY LTR 603 Salem Street Nantucket, MA 02554
Wakefield, MA 01880 Tel: (508)228-7909
Tel: (781) 246-2800 SAL-0082
;7 Hayes Engineering, Inc. Fax: (781)246-7596 Refer to File#
May 20, 2019
Attorney Francis T. Mayo
265 Essex Street, Ste. 301
Salem, MA 01970
Email: Finavo0-ftmayo.com
RE: 44 Bay View Avenue, Salem
Dear Francis,
You had requested that we conduct a survey at 44 Bay View Avenue for your clients Albert
Goodhue, III and Katherine A. Van Dyke. You were specifically interested in this survey in the
context of a porch easement on the subject property, described in a document at Book 6525, Page
776.
The property at 44 Bay View Avenue was originally laid out in a Plan of Land in Salem, Mass.,
belonging to George W. Dunn, Scale: 1"= 20', dated March 23, 1937, by Walter M. Wheeler, Civil
Engineer. Unfortunately, that plan contained only a single control point, which was a 4-inch cast iron
soil pipe in the southeasterly corner of the lot at 44 Bay View Avenue. Hayes Engineering recreated
that survey using the physical markers of the seawalls on the marine railway and the lobster house
for the purpose of determining whether or not the porch on 48 Bay View Avenue encroached on the
lot of 44 Bay View Avenue, as described in the easement document. We concluded that the porch
encroaches approximately 1%feet on'the 44 Bay View Avenue land, which would explain the reason
the easement was necessary in the beginning.
This conclusion is inconsistent with the depiction on the porch on the Existing Conditions Plan, 48
Bay View Avenue, Salem, Massachusetts, dated October 25, 2016, Scale: 1" = 20', prepared by
LeBlanc Survey Associates, Inc. of 161 Holten Street in Danvers, MA.
Given that the new foundation and structure were constructed exactly in the footprint of the prior,
unenclosed porch, we conclude that the previous porch was completely removed, invoking the
language of the porch easement on 44 Bay View Avenue as follows:
"It is and shall forever remain an express condition of said easement, however, that said
porch shall be tastefully and properly maintained, shall not be enlarged and, if ever 50%
or more of said porch shall be destroyed or removed by other than natural causes, this
easement shall thereafter cease to exist as though never granted".
Based on the foregoing, our conclusion is that the structure can no longer occupy the easement
area which was granted.
I have left a message with the Building Inspector of the City of Salem in order to discuss this, as well
as other inconsistencies of the construction at 48 Bay View Avenue.
Very truly yours,
Peter J. Ogren, P.E., P.L.S.
President
PJO/dab