From: 	Barbara Barhydt
To:	Donaldson, Helen
Date: 	8/12/2013 11:33 AM
Subject: 	Fwd: Re: Bay House Phase II plans

>>> Hugh R Nazor <hugh@nazor.net> Monday, August 05, 2013 1:49 PM >>>
Thanks Barbara. I do understand the position of the city. I just did not want to see a situation in which we do not include the retaining wall in our boundaries and the Bay House also excludes it. Ron Gan specifically had the retaining walls excluded when he bought. I think/hope that it is just a matter of survey details or an error of description in one of the deeds. In any case both Will Conway and I are trying to reach an easy solution.

I was notifying the city just in case things got to the PB on the 13th before the boundaries were agreed. It was not something I would have wanted to wait until the meeting to mention.

         ~~O~~____/)__  Hugh

On Aug 5, 2013, at 12:20 PM, Barbara Barhydt <bab@portlandmaine.gov> wrote:

Hi Hugh:
 
I confirmed with Will Conway, Sebago Technics, that they are still finalizing the survey.  He said they are in contact with you regarding the survey for Bay House, Phase II.   He noted that Sebago Technics had surveyed the property in 2005 and then the purchase option on the property ended.  In 2006, the Reali's conveyed some property to the Federal Street Townhouses.  Thus, they are working on finalizing the survey to reflect the changes.  
 
I am attaching the most recent version of the survey, which is not yet stamped by the surveyor as it is still considered preliminary. 
 
The resolution of property boundaries is a private matter between landowners.  The City does not mediate those questions.  We do look for right, title and interest and will certainly note that questions have been raised regarding this project.  Where retaining walls exist or are proposed, the city does seek clarification on the maintenance responsibilities.
 
I hope that both parties will be able to reach a resolution soon.  
 
Thank you. 
 
Barbara

 

 
 
Barbara Barhydt
Development Review Services Manager
Planning Division
389 Congress Street  4th Floor
Portland, ME 04101
(207) 874-8699
Fax: (207) 756-8256
bab@portlandmaine.gov
>>> Hugh R Nazor <hugh@nazor.net> Friday, August 02, 2013 2:20 PM >>>
Barbara: 

I just received an auto-response from Nell on the forwarded email. As she is to be out another week, I thought I would forward this to you. My hope is to come to some agreement with the least pain and delay. Please let my know what you think. I am in Blue Hill but can come down for a meeting if needed.

         ~~O~~____/)__  Hugh  207.712.4306

Begin forwarded message:

From: Hugh R Nazor <hugh@nazor.net>
Subject: Re: Bay House Phase II plans
Date: August 2, 2013 2:09:34 PM EDT
To: Helen Donaldson <HCD@portlandmaine.gov>
Bcc: Hugh R Nazor <hugh@nazor.net>

Nell:

As you may see from the attached there are various takes on where the lot lines are between The Federal St Townhouses and the BayHouse2 lots. The Townhouses had always understood, as had RonGan, that the purchase of the parking lot on Federal from the Realis did not include the retaining walls. It seems that the two or three surveys represented in the attached do not agree. They began at different points and proceeded at different lengths.

Nonetheless, I think that the intent of the earlier purchase was clear to all parties. Before there is any further progress toward finalization of design, I would think that there should be agreement as to the boundaries.

The ownership, responsibility for maintenance and liability of retaining walls is no minor issue. I would like to be able to have a formal agreement as to boundaries with cooperating parties and avoid delay and litigation. 

I do not know whether you could suggest such a think to the Bayhouse people. We will be represented at the meeting on the 7th and at the Planning Board meeting on the 13th. It would be very nice to have this settled before then.

         ~~O~~____/)__  Hugh

Notice: Under Maine law, documents - including e-mails - in the possession of public officials or city employees about government business may be classified as public records. There are very few exceptions. As a result, please be advised that what is written in an e-mail could be released to the public and/or the media if requested.     
<Design Drawings - sht 02_2.pdf>