Wednesday, January 7, 2009

Telecommuting from The Outer Cape

The following blog is by Paul Roycraft, a recent home buyer on the Outer Cape.Posted by David Newell, Realtor for Mr. Roycraft at The Real Estate Company.

Reflecting back on 2008, the real estate market on Cape Cod has been unlike any other in recent memory. Homes under $400,000 have comprised the vast majority of closings, outselling higher-priced properties more than 5 to 1 of late. The “cute little house in a good area” whose price had escalated beyond the means of many buyers throughout the real estate boom years of 2003 – 2007 has become a reality once again. The recent price retrenchment and the breadth of inventory available across all price ranges has helped to further open up the Cape Cod housing market to a new category of buyer – the idyllic lifestyle relocator.

That this is a “new” category is not entirely correct – Cape Cod has long been a haven for artists and chefs and owners of small boutiques and other businesses who seek the unique quality of life offered here. What is new is that a different type of relocator is emerging – the telecommuter – who typically brings his or her job with them from off-Cape.

As technological advances in the Internet, cellular broadband, and collaboration software make telecommuting more feasible, companies will strive to hire and maintain the best workforce available to them, regardless of location. The office that formerly needed to be in or near a large city can now be in a home overlooking a small pond, conservation area, or be within steps of the local town-center coffee shop (often with its own wi-fi). The expansion of the airport in Hyannis, plus the proximity of Logan and TF Green also makes Cape Cod attractive for those who still need to travel for business on occasion.

Clients relocating from Boston, perhaps still occasionally commuting to offices there, comprise the majority of this type of buyer so far. However, the desire to leave behind the crowding and expense of major metropolitan areas is a phenomenon that is occurring across the country. TREC has sold to clients relocating from outside of Massachusetts who will become full-time Cape Cod residents while continuing to work for their current off-Cape employers, and we expect this trend to grow.

Advances in the tools available to REALTORS including MLS Propertyfinder alerts, detailed satellite imagery to view properties and neighborhoods, and the ease of taking and e-mailing digital photographs has facilitated working with remote clients. The use of these tools in addition to the extensive knowledge, experience, and personal touch of the local REALTOR will be increasingly important in 2009 and beyond.

Tuesday, December 30, 2008

Cape Cod Winter

I was recently asked why you would want to be on Cape Cod in the winter. My first reply would be why not. But, I guess that wouldn’t satisfy anyone who didn’t understand.
After, the bustle of summer has passed the real Cape Cod emerges. The small town atmosphere and home town quality comes back to life. Each town has their fall celebration; be it the cranberry festival, the oyster festival, turnip festival or windmill weekend. Each community has their own unique way of celebrating. It may be a parade of local businesses and families, the fastest oyster-shucking contest, the turnip cook-off or the ever-famous craft fair.
You won’t find ski resorts but you can find a quiet fire road or trail to cross country sky after a snowstorm. Your family won’t find an amusement park but you will find a beach to stroll for an hour and never see another soul. You won’t easily find a Wal-Mart or many other chain stores so you will have to shop locally where they remember your name. You may also find yourself getting lost in a general store for hours or a boutique, antique shop or even an art gallery.
Activities do exist in the winter. Some suggestions include the Audubon Sanctuary, The Natural History Museum, Cape Cod Art Museum, Cape Cod Maritime Museum, Sandwich Glass Museum, and Whydah Sea Lab and Learning Center. There is also the Woods Hole Oceanographic Institute, which is the largest private non-profit ocean research engineering and educational organization. You may want to travel to the Outer Cape where 44,000 acres is owned and preserved by the government as the Cape Cod National Park Service. This land is devoted to saving Cape Cod as it was when Henry Thoreau first visited and wrote about such an exquisite, rare, quiet piece of land- the winter is when you can actually have this experience.
You can go still go shell fishing, saltwater fishing, and or ice fishing. Walking, biking and yes for some surfing is still possible! The Cape does not completely close down after the summer. For most Cape Codders after the summer is when the Cape opens. It’s time to enjoy a peaceful day at the beach snuggled in a warm down jacket, watching a sunrise or sunset all by yourself, or observing a blue heron search for food in a marsh, or just drive down to the beach to read and watch the waves.
So, it’s not for the quick paced family or vacationer that’s wants to be occupied for 24/7. It’s for the people who are looking for a place to stop, relax, enjoy, and know how to entertain themselves.
Karen O'Connor

Local Banks Escape the Worst from Rosa Wright

Local banks escape worst of financial crisis by Joseph Santangelo
The financial industry on the South Shore and Cape Cod largely has avoided the worldwide financial turmoil that has roiled stock markets and dragged economies into the worst recession since the 1930s.
Liquidity is not a problem locally, as community and regional banks actively offer credit to small businesses, although loan standards often are tighter and loan volume is down. Local banks are picking up new lending business, mostly at the expense of the bigger banks that still are struggling through an 18-month international credit crunch.
“From the banks’ perspective, a financial institution with strong capital that understands its marketplace and has a local presence and local management should be positioned to look at this as a business development opportunity,” said Joseph Riley, executive vice president for retail and business banking at Eastern Bank.
Area banks report little to no exposure to subprime mortgages, mortgage-backed securities, credit default swaps or other toxic assets that have plummeted in value after the housing boom collapsed and overleveraged consumers could not meet mortgage payments. Community and regional banks also see an influx of deposits as people increase their savings and shy away from volatile stocks.
Local bankers are suffering few of the problems from speculative home buying and resulting foreclosures that rocked Florida, California and other regions. Cape Cod Five, the Cape’s largest bank with $1.77 billion in assets, was forced to foreclose on only one home mortgage during 2008 and just three in the past two years. Others were renegotiated.
Joel Crowell, president and CEO of Cape Cod Cooperative Bank, was one of several bankers to report increased loan volumes for 2008. He said, “My customers are not GE and not GM. We continue to work with borrowers with good management, who are showing discretion, who have a sound business plan and cash flow.”
Bruce Hammatt, chief lending officer for Cape Cod Five Cents Savings Bank, said, “The availability of commercial loans is not a problem. Certainly our bank has money to lend. The required down payment on commercial real estate has tightened up for particular businesses. We used to do loans with 80 percent down. Now it’s 75 percent down.”
Hammatt added, “Commercial real estate hasn’t had the dramatic drop in value that residential property has had. The basis is principally cash flow. If cash flow is still there, the value is still there.”
Chris Richards, vice president/senior commercial lender at The Community Bank, added, “Economic conditions are particularly critical right now. A potential customer recently came in to see me with $1 million in revenue in 2007; but he can anticipate only $300,000 next year. Another business owner (a retailer) I was speaking with said that in his 20 years of experience, September was his worst month that he has ever had, but October was his best month. The economy and consumers are very unpredictable right now.”
Eastern Bank’s Riley said credit standards remain prudent, though borrowers sometimes have a harder time meeting them. “Meeting the required credit scores becomes more and more difficult.” He also says the ability to obtain backing from the U.S. Small Business Administration for commercial loans is important to help keep business credit flowing.
Nationally, about 85 percent of senior loan officers reported they tightened standards for large and mid-sized firms, and about 75 percent said so for small businesses. About 20 percent of U.S. banks reported reducing credit limits on existing credit card accounts to prime borrowers.
Lenders urge borrowers to contact their banks as soon as possible if they see business conditions deteriorate and they need to work out new terms for their loans. “If business is down 10 percent, we want to see how you’re prepared to handle it,” said Hammatt of Cape Cod Five. “What’s most impressive is if the business recognizes the risk. The business has to be on top of it, recognize that things are not perfect and look at ways to adapt.”
The U.S. Small Business Administration in Boston also has set up a hotline for businesses trying to wrestle with financial problems, at (617) 565-5627. For example, the SBA can help a restaurant owner find a bank that is currently lending to restaurants.
Overall loan volume in the region is down significantly. Sanford Blitz, regional administrator of the SBA, said banks and businesses are arranging fewer SBA-backed loans, though more banks are seeking SBA guarantees for those loans.
Blitz said, “The figures for the fiscal year that ended September 30 were down 23 percent in total dollars and the number of loans down 36 percent. The new fiscal year continues to be down about 30 percent.”
“On the positive side, at the end of the fiscal year in September, 70 more banks in Massachusetts had done more SBA loans than in the past fiscal year. So, a whole bunch of banks were doing more business with us than in the past.”
Particularly as the economy weakened in the last half of 2008, many businesses were sitting on the sidelines, preferring to pare down debt, reduce expenses and avoid new borrowing in the face of declining sales and revenues.
In addition to the SBA, noted Richards of The Community Bank, “There are plenty of sources to get help. On the Cape, SCORE has many excellent retired professionals who have relocated here. The key is to find the right person with the right experience for your business. The Massachusetts Small Business Development Center is headquartered out of Fall River and has a local representative who always visits local chambers. Coastal Community Capital and the SEED Corporation are other valuable resources.”

Saturday, December 6, 2008

Aquatic Artist, Greg Johnson by Barbara Johnson



I’m in real estate and not very busy right now, a little problem for many of us in this business. Rather than remind everyone that home prices and mortgage rates are down, I thought I’d put in a plug for my talented son, Greg Johnson
Quoting briefly from his Biography (http://www.whalesong.us/) ---
“Cape Cod has long been known for its beaches, the local surf, and art cultures and the live music scene. For three decades Greg has been a central part of the Cape’s local color as a legendary Nauset Beach Lifeguard, professional artist and musician.
Greg has recently made a name for himself as an aquatic artist. He studied art at Ohio Wesleyan and the University of New Hampshire and is self-taught as a painter. Looking into one of Greg’s large acrylic paintings gives the viewer a feeling of being immersed in the water with the whales and dolphins. For Greg, the aquatic life he paints represents spirituality, peace and freedom.
His work is displayed in galleries, private homes, libraries, banks, shops, and local business offices. Most recently, Greg has opened a gallery and studio in East Orleans.”

To view his work, call 508-246-1697 for an appointment, or check out his Website
http://www.whalesong.us/ http://www.whalesigns.com/

HAPPY HOLIDAYS Barbara Johnson

Tuesday, October 28, 2008

Cape's Single-Family Homes Sales Rise by Laurie Novak

This is an article from the Cape Cod Times on 'October 28, 2008'. All for your info.
By Cape Cod Times
October 28, 2008
Home sales on the Cape mirrored trends seen across Massachusetts and nationwide in September, showing a jump in volume and a continued decline in median price.
Numbers released yesterday by The Warren Group showed a 17.98 percent increase in the number of single-family sales in Barnstable County, at 315 compared with 267 in September 2007.
The median price slipped 20.69 percent year-to-year, from $435,000 to $345,000.
Dukes and Nantucket counties showed a drop in single-family home sales volume.
Vineyard sales declined from 28 in September 2007 to 14 last month, and the median price fell from $997,500 to $512,500.
On Nantucket, sales dropped from 26 to 17, but the median price showed a slight rise from $1.86 million to $1.9 million.
Nationally, an unexpected 2.7 percent increase in year-over-year home sales for September, to 464,000, helped keep markets buoyant for much of the day yesterday, despite a 9.1 percent drop in median price in the same time frame.
Statewide, single-family home sales volume increased 5 percent from September to September, while median price dropped 13.2 percent, according to numbers released yesterday by the Massachusetts Association of Realtors.
The Cape's condo market showed a small increase in the number of September sales, from 83 a year ago to 89, but the median price fell from $344,400 to $240,000.
Statewide, the condominium market was down 9.6 percent, from 1,808 in September 2007 to 1,634 last month, The Warren Group reported. Using a different methodology, the Realtors group showed a decline of 11.5 percent in condo sales year-over-year for September.

Monday, October 27, 2008

Chatham Woman’s Club “Scenes of Chatham” Quilt Raffle



The Chatham Woman’s Club is selling raffle tickets for a handmade quilt named Scenes of Chatham. The proceeds of the raffle will benefit local charities and scholarships for local young people.

Twenty five members of the club, led by Clara Slockbower, volunteered to create this lovely quilt. It is truly a work of art. Work on the quilt began in August 2006 and was completed in May 2008. The queen-size quilt is divided into 24 squares, each depicting a different scene around Chatham. The scenes include Sailboats on Pleasant Bay and Stage Harbor, the Band Shell, Chatham Light, Seals at Lighthouse Beach and the Windmill on Shore Road.

Each quilter was encouraged to provide her own interest and talent to each particular square.

The making of this quilt provided a sense of community, friendship and happiness within each square.


In addition to purchasing raffle tickets at $3 per ticket or $10 for 4 tickets for the quilt, note cards of the quilt will be available for sale for $10 per set. Tickets are available at East Wind Silver Company, Island Pursuits, Oasis Hair Salon and Day Spa and Puritan or by calling Rose Marie McLoughlin at 508-945-5965.

Last chance to purchase tickets is November 12th.
The drawing will be held on November 13th, 2008 – the winner need not be present to win.

Mary Higgins, Volunteer
The Real Estate Co. at Sylvan

Thursday, October 23, 2008

Our REALTOR® History & Future by Peggy Crampton

In May 1908, 120 men gathered in Chicago with the goal to "unite the real estate men of America." Their goal was to professionalize their industry and represent the interests of real estate brokers and owners nationally. What emerged from that meeting in 1908 was the National Association of Real Estate Exchanges, which thrives on 100 years later as the National Association of REALTORS® . The NAR Centennial Video celebrates REALTORS®' past accomplishments and looks forward to the next century of organized real estate.
Please click this link and watch this film from the National Association of REALTORS®, though it is 15:17 minutes in length, its worth the time, and easy to send it to others from the video.
http://link.brightcove.com/services/link/bcpid1716414541/bctid1716439793
Enjoy!

Wednesday, October 8, 2008

HOLIDAY SHOPPING? WHY NOT BENEFIT CAPE COD HOSPITAL?

The Holly Berry Bazaar will be held this year on Saturday, November 8th, from 9am – 2pm at the Nauset Middle School on Route 28 in Orleans. This “legendary” fundraiser is held every two years and proceeds benefit the Cape Cod Hospital Cardiac Care Center. This “not to be missed” bazaar is presented by the Cape Cod Hospital Auxiliary.

The Cape Cod Hospital Auxiliary is 65 years old and has 700 members. Currently there are four branches: Barnstable, Chatham, Orleans, and Yarmouth Port. The Thrift Shop and Hospital Gift Shop are parts of the Auxiliary. Members are hard working, dedicated volunteers. The camaraderie among the group is unsurpassed. There is no reward greater than one’s own satisfaction.

Call the Cape Cod Hospital Volunteers Office at 508-862-5259 for information on becoming part of the Auxiliary.

The Holly Berry Bazaar this year will feature Wood Crafts, Jams and Jellies, Knitting and Sewing items, Nature’s Arrangements, Santa’s Workshop, Cape Kitchens, Attic Treasures, Candies and Sweets, Cheese and Fruit, Herbs and Vinegars, Jewelry and Scarves, Hot Dogs and Cool Cats, and a Silent Auction. The Cape Cod Hospital Auxiliary suggests that you “Wrap up your holiday shopping in a heartbeat!”



Submitted by Laura Haddad, Realtor
The Real Estate Company, Orleans, Cape Cod

Wednesday, October 1, 2008

Mixing Business with Pleasure

Yes, I know the economy is in a state of flux, but buyers are clever and are recognizing the rare opportunity this situation brings. People who never thought they’d be able to manage a home on Cape Cod are discovering they can now. Market inventories are high, interest rates are good for those with good credit, and prices are at or below assessed value, in many instances.

Currently this Dixon Duo has four properties scheduled to close between late October and early November. In each case, the selling price is ten to eighteen percent below the assessed value of the property. These buyers know that, when times are better the value of their investment will increase, and in the meantime, they will be enjoying their new purchase. Some will profit from renting during the high season and yet have the luxury of escaping from the “madding crowd” the rest of the year.

Recently a couple from the UK came into the office and announced that they had traveled extensively but never visited a place where the people were so charming and the place so beautiful that they really wanted to own a home there… until now. There is something very special about our lovely corner of the world, but it’s always nice to have others discover that too. This couple from Scotland found a home that they are so enchanted with they took a detour on a flight over to Nantucket, so they could photograph the house from the air. You can just imagine how delighted they were when they came upon its picture in a book of Chatham’s history.

Now, you may say, “It’s easy for Europeans to purchase American property because the Euro and the pound are in better shape than our dollar.” That may be so, but historically real estate rebounds from a down economy, and in the meantime, it’s quite literally a solid investment, not a fragile piece of paper. There’s quite a flurry of activity here this fall, and the majority of the buyers are American. For most of Middle America, the bulk of their wealth is in their real estate. When they go to sell, if they have owned it for several years, they usually realize a nice profit. Here on Cape Cod, I guess you could say buyers are “mixing business with pleasure.”

By Elaine Dixon

Wednesday, September 17, 2008

Orleans Waste Water Management by Sarah Macke

ORLEANS CITIZENS FORUM
Draft press release September 8, 2008

FOR IMMEDIATE RELEASE

Orleans Citizens Forum Public Information Event
Tuesday Oct. 27 at the Orleans Elementary School, at 6 p.m.

Contact: Abby Summersgill

508 240-6778, avdh@comcast.net
Ed Maas, President of OCF, is available for interviews at info@orleansinn.com
or 508 255-2222



What Wastewater Management
Means to Orleans Residents

ORLEANS: The Orleans Citizens Forum will present a comprehensive, independent review of the key wastewater management issues facing Orleans voters and taxpayers at a public symposium Tuesday, October 7, at the Orleans Elementary School at 6 p.m.
Experts from local and state government, the local real estate industry, and citizen committee members planning wastewater systems will report on all the issues surrounding the Special Town Meeting vote Oct. 27 on wastewater management conceptual plans. Open to everyone, the meeting will allow plenty of time for audience questions.
Orleans citizens have had several opportunities this year to learn about the towns wastewater management needs, including seven public information sessions and a formal public hearing Oct. 2. The Orleans Citizens Forum (OCF) event Oct. 7 brings together all the information voters need to know presented by an independent, non-partisan, volunteer organization that focuses on public participation in the issues important to town affairs.


Major issues explained

Managing Orleans? wastewater is likely to produce significant financial, public health, infrastructure and cultural demands on the town. The October 27 Special Town Meeting will ask voters whether they will ratify the broad concept of a Comprehensive Wastewater Management Plan that could cost more than $150 million over 20 years. Although voters will not be voting Oct. 27 on actual financial appropriations, wastewater management is expected to eventually become the largest public project in Orleans history.
Panelists at the Oct. 7 forum presenting their perspectives and answering audience questions include:
· Brian Dudley, Massachusetts Dept. of Environmental Protection
· Andrew Gottlieb, Executive Director, Cape Cod Water Protection Collaborative
· Augusta McKusick, Chair, Cape Cod Water Protection Collaborative and Chair, Orleans Wastewater Management Steering Committee
· Paul Ammann, Orleans? Wastewater Management Validation and Design Committee
· Walter Bennett. Chair, Orleans Finance Committee
· George Meservey, Orleans Planning Director
· Jeffrey Karlson, Owner, The Real Estate Company
Richard Hartman, OCF member, has volunteered to be the moderator.
Panelists are likely to discuss issues such as these:
? Why the presented plan was chosen.
? Alternative methods of removing excess nitrogen from the environment.
? The impact the plan will have on the environment and conformance with state and federal law.
? The likely costs to the town of nitrogen removal pursuant to the plan.
? How costs will be shared by sewer system users and non-users.
? How much homeowners might be charged for wastewater management.
? How sewering will impact public health, zoning, and population growth.
? How sewering will impact property values.
? How sewer construction might be phased-in over 20 years.
Please come by and get informed!

Tuesday, September 9, 2008

Top 5 Things Home Buyes Look For By Carolyn Otis

A report released last week by Better Homes and Gardens.
Home buyers are looking for large kitchens that are fun, but practical. Gardens magazine found that buyers who bought a new home in the last 10 years or plan to build one, say they’re through with cookie-cutter houses. The research study surveyed more than 2,000 homeowners from across the country, and about 70 percent said they wanted a house that has character and charm.
Top five priorities
1. An all-new kitchen that looks great and is fun to work in
2. The right amount and type of customized storage
3. A master bath and bedroom that feels like a luxurious hotel room
4. Well-designed spaces that can be personalized
5. A separate and conveniently sized laundry/workroom
The study also found that more than half of those surveyed wanted green-certified building and remodeling options presented to them. This figure jumped to more than two out three in the Generation Y age group (people born between 1977 and 1998).
Another growing trend among homeowners in the past few years is the need for expanded outdoor living space. About 40 percent of respondents said that their outdoor living areas are almost as important as their interior home. The traditional barbeque grills and patio tables just aren’t cutting it, and consumers today are shelling out big bucks for customized stone firepits and elaborate outdoor dining furniture.
Planning for life changes
When asked what specialty space the homeowners would prefer, 36 percent named the sunroom, 35 percent said an extra-large porch and 34 percent said an oversized laundry room. Many new homes being built today have turned the dull, often cramped laundry room into a multipurpose area with extra space to do arts and crafts projects or wrap gifts.
“Today the pace of change, in families and with technology, is so fast that consumers demand homes that will change with them,” says Gayle Butler, editor in chief of Better Homes and Garden.
Baby Boomers especially are planning for these changes. In the next five to 10 years, about one out of three Boomers expects an aging parent to move in or an adult child or relative to move back home. As a result, the need for guest accommodations will be in demand. The survey also found that this generation will be looking for single-floor living.
So whether you’re preparing your home to sell or looking to buy a new one, it’s always good to keep in mind the ever-changing trends affecting the housing market.

Thursday, August 28, 2008

EASTHAM'S WINDMILL WEEKEND SEPT. 5-7

Friends,

I want you to know of, and join in, the upcoming Eastham Windmill Weekend to be held throughout the Town of Eastham September 5-7. The theme of this year’s festival is “Those Fabulous ‘50s”. There will be all kinds of events and activities through the weekend at various venues such as concerts, antique car shows, historic tours, fun cookouts & meals, and of course the parade. For the complete activity schedule, please go to:
http://www.easthamwindmillweekend.com where complete information can be found. And, since you no doubt love Cape Cod as we do, why not stop in our office at 4760 State Hwy in N. Eastham over this festive weekend, find out about the real estate market and check out some homes?


But what about this Windmill? Of course the center of Eastham is graced on the town green by this 300 year old windmill. Do you know its background? The following history of Eastham's Windmill, included in the Windmill Weekend flyer, is provided courtesy of Mr. Jim Owens:


The Eastham Windmill stands today as the symbol of a bygone era on Cape Cod. In its over 300 years it has provided flour, news and gossip for the people of Cape Cod. Built by Thomas Paine of Eastham, millwright, miller and Town Clerk for the town of Plymouth around 1680, it was sold and moved to Truro before the American Revolution. In 1793 it was again sold to one Seth Knowles of Eastham and moved overland using oxen to a site overlooking Salt Pond. In 1808 it was moved once more to its present site by Mr. Knowles because he had sold the land it stood on.


The mill ceased working around 1896 when it was sold to the Village Improvement Society to be turned into a library. Instead, a new library was built on Samoset Road. In February of 1928, the Town purchased the Mill from the Society for $500.00 in order to preserve it. The purchase price was returned to the Town and still draws interest to this day. A committee was formed to repair the Mill. Harvey Moore, Charles Rogers and William Higgins were the committee. William Higgins built a large lathe in his barn off Nauset Road and, using the power off a Model "T", he turned the windshaft for the Mill. When repairs were done the Mill was opened to the public in 1936. The visitors' book from that year (and all the others) still exists.


John Fulcher, who had worked in the Mill as a boy became the first of several millers who guided visitors through its machinery and history. He was followed by harmonica player John Higgins, then Harold Cole in 1948. After him, came the mighty duo of Freeman Hatch and Jack Webster. Jim Owens replaced Free Hatch in 1975 and Clyde Eagles took Jack Webster's place in 1979. In 1955, on the Selectmen's recommendation, the Town voted to buy the front half of the Green. The buildings located there were torn down or moved, giving us the lovely Windmill Green as we know it today.


A few other items: In 1930, the windmill got new arms and shaft, from 1944 to 1946 shaft and arms, again in 1957 and in 1962 a steel shaft, fabricated by Eastham Forge, Misters Brace and Putnam doing the work. On its trial ran in the spring of 1962, Otto Nickerson brought the Elementary School children to see it go. It was one of his last famous outings with the School, as he retired from the Principal's chair that year.


In 1980 the Mill ground 800 pounds of corn for its 300th birthday and had a temporary Post Office in the Mill manned by volunteers. The U.S.P.O. had issued a set of windmill stamps with the Eastham Mill in the center position.


Today the Mill is enjoyed by people from around the world as well as locally, and is the centerpiece for Windmill Weekend and a lovely addition to Christmas with its arms bedecked with lights.

Wednesday, August 27, 2008

Public Rights / Private Property: FAQs on Beach Access brought to you By Trisha Daly-Karlson

Summertime. The living is easy. Fish are jumpin'. And right now somewhere along the Massachusetts coast, two people are arguing over whether one of them may walk along the other's beach.
Few issues in Massachusetts can be counted on as such a regular source of conflict. One reason for this is that in the face of the overwhelming desire for people to use our beaches, our laws are not very "friendly" toward beach access. This is because, some 350 years ago, our forefathers gave away much of the public's rights to use the coastline in an attempt to spur the development of wharfs and maritime commerce. On top of that, our laws in this area are complex, confusing, and- to an extent that is surprising in light of centuries of court battles- uncertain.
The result is conflict. Those who own property along the coast clash with those who want to walk along it, often without either really knowing what their rights and obligations are. Indeed, sometimes police officers and other public officials called in to deal with this conflict are themselves unclear about the respective rights and responsibilities.
The purpose of this guide is to try to help people understand the law in this area, to the extent that it has been settled. We have tried to provide simple answers to commonly-asked questions about the ownership of the coast. Our hope is that by informing the public of the law, we can move beyond needless conflicts and toward more consensual solutions to the beach access issue. In particular, we have highlighted ways that coastal owners who want to let the public gain access through or along their property can do so while avoiding liability and at the same time preserving their own property rights.
Of necessity, we can state what the public's rights are only in general terms. There are many complications that may arise in individual circumstances.

Questions & Answers
Q: "Someone told me that beaches are privately owned in Massachusetts all the way down to the low tide line. How can that be?"
A: Each state has its own laws regarding who owns the beach. In most coastal states, the public owns the land seaward of the high tide line, and in some states public ownership extends even higher. Massachusetts is different, however. The Massachusetts courts have consistently ruled that in the 1640s, we gave away title to the land between the mean high tide line and the low tide line to the adjacent upland owners. Therefore, this area- known as the "intertidal zone" or "wet sand area" is- generally privately owned in Massachusetts.
Q: "So you're saying that if I own the adjacent upland land, I therefore own the adjacent wet sand area?"
A: Probably, but not necessarily. It is possible that the interest in the wet sand area was separately conveyed ("severed") from the uplands parcel at some time in the past. A final answer to this question may require a complete title search, and even then you might not have a definitive answer. If this issue cannot be resolved by the available evidence, the upland owner is presumed to own the adjacent wet sand area. The boundary issues can be resolved in Land Court.
Q: "You said that I can own down to the 'low tide line,' but the low tide line changes every day. What low tide line are you talking about?"
A: Because the precise tide lines change daily, the average or mean low tide line is used. There is an ongoing dispute, however, as to whether you should use the so-called "mean low tide" line or the "mean extreme low tide line." The former is the average of all low tides, while the latter is the average of extreme low tides "resulting from usual causes and conditions."
Q: "How do you deal with the fact that over time the coastline builds up in certain areas and washes away in others?"
A: The short answer to this question is that the property lines move with the low tide line. Therefore, as land is extended by the natural buildup of sand (known as "accretion"), the private property owners generally enjoy a windfall. But when the opposite happens ("reliction"), the private property owners generally lose ownership of that portion of the land taken by the sea. The fact that property lines change with the whims of the oceans is one of the things that makes private ownership of this area different from private ownership of inland property.
Q: "If I own the wet sand area, why are members of the public claiming they can use it?"
A: Private ownership of the wet sand area is subject to certain public rights that were reserved when the land became private in the first place. Because the public-at-large retains a property interest in the wet sand area, the private owners' property interest in this area is similar to that of people who own private property in other areas subject to public easements (for example, people who abut town roads typically own to the middle of the road, subject to the public's right of passage).
Q: "What are the rights that were reserved to the public?"
A: The original laws that granted private ownership reserved the rights of "fishing, fowling, and navigation." Court cases have also held that reserved public rights include the "natural derivatives" of these uses. There are hundreds of years of court cases that attempt to flesh out precisely what these various words mean.
Q: "Does 'fishing' include shellfishing?"
A: Yes. That means that members of the public may take shellfish from the wet sand area of privately owned property and they may walk along the wet sand area to gain access to the shellfish.
Q: "Does the public's right to use the wet sand area for fishing include the right to do aquaculture, such as quahog farming?"
A: The Massachusetts Supreme Judicial Court concluded that the public. s right to fish in the wet sand area does not include a right to occupy such areas with aquaculture pens. As a result, someone who wants to perform these aquaculture activities in wet sand areas must obtain the permission of the private owner in addition to applicable state and local licenses.
Q: "What is 'fowling'?"
A: "Fowling" certainly includes the hunting of birds. Our office takes the position that the term also includes other ways that birds can be "used," such as birdwatching. This issue has not yet been addressed by the courts.
Q: "Does 'navigation' include swimming?"
A: Yes, but. According to the courts, swimming in the intertidal zone is included within the reserved public right of navigation, but only so long as your feet don't touch the bottom! And you don't have a right to walk along the wet sand area solely for the purpose of gaining access for swimming.
Q: "What about walking below the low tide line?"
A: Private property owners cannot interfere with the public's right to walk along the submerged lands that lie seaward of the low tide line. With few exceptions, they don't own that land; the public does.
Q: "Since members of the public have the right to fish, fowl, and navigate in the wet sand area, then they can do whatever fishing, fowling, and navigation they want to do there, right?"
A: So far, we've just been talking about ownership issues. Just as a private property owner's rights are subject to reasonable regulation, the same is true of the public's reserved rights. Thus, for example, the government may require shellfishermen to obtain all applicable state and local permits and to comply with applicable shellfishing regulations. And, of course, members of the public who exercise their public rights to use the wet sand area must comply with other laws, such as the prohibition on littering and the creation of nuisances.
Q: "I've heard people say that all I really need to do to 'be legal' is to carry a fishing line in my pocket?"
A: Carrying a fishing line or a fishing pole would render your walking along the wet sands area legal only if you actually intended to fish.
Q: "Does the public have a right to use off-road vehicles over the wet sand areas to gain access for fishing?"
A: The Supreme Judicial Court has never ruled on whether driving an off-road vehicle across private wet sand areas for the purposes of gaining access to fishing areas is included within the public's right to fish. In any event, the use of off-road vehicles may be regulated by the government.
Q: "Like many of my fellow property owners, I don't mind the public walking along my wet sand area even if they are not 'fishing, fowling, or navigating,' so long as by allowing this, I don't lose any property rights in the process. Is there some way that I can be a 'good citizen' and still retain my property rights?"
A: Yes. What you appear to be worried about is the legal concept known as "prescription" or "adverse possession." This is the idea that if someone uses your property for a sufficiently long time, they may be able to claim a property interest in it. For someone to be able to make this claim, however, their use has to be without your permission. Therefore, openly allowing the public to walk across your land (e.g., by "posting" such permission) is perhaps the best way of defeating someone's ability to accrue such a right. Posting the land in this manner, of course, would not affect any access rights that anyone had already obtained before the posting.
Q: "O.K., that may solve one problem, but how about liability?"
A: Under existing state law, a property owner who allows the public to use his or her land for recreational purposes without charging for such use is shielded from liability for injuries sustained during that use so long as the property owner did not bury hidden boobytraps or otherwise act with such "fault" that his or her conduct constituted "wilful, wanton or reckless conduct." Here again, the best way for coastal property owners to protect themselves may be to allow the public to walk across their land.
Q: "Wasn't there a state law passed a few years ago that gave the public a right to walk along the wet sand area even if they weren't fishing, fowling, or navigating"?
A: Not exactly. You're referring to chapter 176, section 4 of the Acts of 1991. That law states that the public is to have a general right to walk along the wet sand area during dawn to dusk hours. Such a right is not effective, however, unless the state Department of Environmental Management (DEM) acquires it on behalf of the public through formal eminent domain proceedings involving the specific properties affected, where the private property owners from whom the right was acquired would be compensated.
Q: "How much compensation would a private landowner be due if the state "took" a general easement right pursuant to the 1991 law?"
A: The property owner would be owed the amount, if any, that the market value of his or her land was reduced by the fact that the public now had a general right to walk across the wet sand area, not just to do so for fishing, fowling, and navigation.
Q: "You've talked so far about access along the beach. How about access from inland areas to the beach?"
A: Generally speaking, the land inland of the mean high tide line is owned by private parties, just like other land. Members of the public therefore do not have a right to walk across this land unless they individually or collectively have obtained such a right, or if, in particular circumstances, such rights were reserved when the land was initially granted to a private party. Rights of access can be purchased or taken by eminent domain, or they may be acquired by long term use (e.g., by the doctrine of "prescription" mentioned above).
Q: "How can I resolve whether the public has a right to cross a particular parcel of private property to get to the sea?"
A: Unfortunately, resolving whether the public . or some subset of the public . has a right to use a given path can often be very difficult, requiring an intensive examination of the particular facts and evidence at issue. It can also be very expensive for both sides, especially if a full trial is needed to resolve the issues. As with the wet sand area discussed above, private property owners who want to protect their property rights, but who otherwise don't mind others walking across their land, can accomplish this by "posting" their permission. This would not, of course, affect any access rights that the public had already obtained before the posting.
Q: "What if I want to try to resolve a coastal access dispute through mediation?"
A: One resource to consider is the Massachusetts Office of Dispute Resolution (MODR), an institute of the University of Massachusetts Boston (formerly a state agency). MODR promotes and facilitates the use of dispute resolution by public agencies, municipalities, businesses, non-profit organizations and citizens of the Commonwealth. MODR works with these groups to resolve disputes collaboratively and to create effective programs to prevent and manage conflict. MODR services include mediation, facilitation, public participation, consensus building, systems design and skill-building training. Services are provided on a fee-for-service basis, through highly-experienced qualified conflict resolution practitioners who are staff or affiliates of MODR. To learn more about MODR, log on to MODR’s website: at
www.umb.edu/modr or contact MODR: (617) 287-4040; fax: (617) 287-4049.

Wednesday, August 20, 2008

Housing Stimulus Bill from NAR by Rosa Wright

National Association of REALTORS®Summary of Key Provisions of H.R. 3221 - The Housing Stimulus Bill (as of 7/30/08)
H.R. 3221, the “Housing and Economic Recovery Act of 2008,” passed the House on July 23, 2008, by a vote of 272-152. On Saturday, July 26, 2008, the Senate passed the bill by a vote of 72-13. The President signed the bill on July 30, 2008. The bill includes the following provisions:
GSE Reform – including a strong independent regulator, and permanent conforming loan limits up to the greater of $417,000 or 115% local area median home price, capped at $625,500. The effective date for reforms is immediate upon enactment, but the loan limits will not go into effect until the expiration of the Economic Stimulus limits (December 31, 2008).View 2009 FHA and GSE loan limit estimates (PDF)
FHA Reform – including permanent FHA loan limits at the greater of $271,050 or 115% of local area median home price, capped at $625,500; streamlined processing for FHA condos; reforms to the HECM program, and reforms to the FHA manufactured housing program. The downpayment requirement on FHA loans will go up to 3.5% (from 3%). The effective date for reforms is immediate upon enactment, but the loan limits will not go into effect until the expiration of the Economic Stimulus limits (December 31, 2008).View 2009 FHA and GSE loan limit estimates (PDF)FHA Reform Chart (PDF)
Homebuyer Tax Credit - a $7500 tax credit that would be would be available for any qualified purchase between April 9, 2008 and June 30, 2009. The credit is repayable over 15 years (making it, in effect, an interest free loan).First-time homebuyer tax credit chartFrequently asked questions about the first-time homebuyer tax credit
FHA foreclosure rescue – development of a refinance program for homebuyers with problematic subprime loans. Lenders would write down qualified mortgages to 85% of the current appraised value and qualified borrowers would get a new FHA 30-year fixed mortgage at 90% of appraised value. Borrowers would have to share 50% of all future appreciation with FHA. The loan limit for this program is $550,440 nationwide. Program is effective on October 1, 2008.FHA Foreclosure Rescue Chart
Seller-funded downpayment assistance programs – codifies existing FHA proposal to prohibit the use of downpayment assistance programs funded by those who have a financial interest in the sale; does not prohibit other assistance programs provided by nonprofits funded by other sources, churches, employers, or family members. This prohibition does not go into effect until October 1, 2008.More about the seller-funded downpayment assistance provisionTips to finding downpayment assistance programs (PDF)
VA loan limits – temporarily increases the VA home loan guarantee loan limits to the same level as the Economic Stimulus limits through December 31, 2008.
Risk-based pricing – puts a moratorium on FHA using risk-based pricing for one year. This provision is effective from October 1, 2008 through September 30, 2009.
GSE Stabilization – includes language proposed by the Treasury Department to authorize Treasury to make loans to and buy stock from the GSEs to make sure that Freddie Mac and Fannie Mae could not fail.
Mortgage Revenue Bond Authority – authorizes $10 billion in mortgage revenue bonds for refinancing subprime mortgages.
National Affordable Housing Trust Fund – Develops a Trust Fund funded by a percentage of profits from the GSEs. In its first years, the Trust Fund would cover costs of any defaulted loans in FHA foreclosure program. In out years, the Trust Fund would be used for the development of affordable housing.
CDBG Funding – Provides $4 billion in neighborhood revitalization funds for communities to purchase foreclosed homes.More about the CDBG funding provision
LIHTC – Modernizes the Low Income Housing Tax Credit program to make it more efficient.
Loan Originator Requirements – Strengthens the existing state-run nationwide mortgage originator licensing and registration system (and requires a parallel HUD system for states that fail to participate). Federal bank regulators will establish a parallel registration system for FDIC-insured banks. The purpose is to prevent fraud and require minimum licensing and education requirements. The bill exempts those who only perform real estate brokerage activities and are licensed or registered by a state, unless they are compensated by a lender, mortgage broker, or other loan originator.

Monday, July 21, 2008

WALKING EASTHAM by Karen O'Connor

Walking the beach is a common practice for many visitors on Cape Cod. Eastham offers a couple of options. You can head off to Coast Guard or Nauset Light Beach. Here you can experience a misty sunrise against the sound of the crashing waves. Or if you aren’t the early riser especially when you are on vacation head to the other side of Eastham to Cape Cod Bay and enjoy the quiet lapping waves against the shore and watch the crimson sun melt into the bay as you stroll along.
But, these aren’t your only options. There are other walks available to you. You may want to consider the Fort Hill Trail. Here a sweeping view of the ocean awaits you from the vantage point of a rise above the marsh. As you walk this trail you are exposed to a varied trail of habitats from an old farm field of thickets filled with rabbits and birds to a raised boardwalk taking through a Red Maple Swamp. You also experience some local history; by following in the footsteps of our local Native Americans. And don’t forget as you wind your way back towards the parking lot to take a peek into the Captain Penniman House, which is an old sea captain’s home from our whaling heritage.
If you want a little longer trail you may want to choose the Nauset Marsh Trail. This trail originates from the Salt Pond Visitors Center and winds along The Salt Pond and some upland areas. You will experience beach plums, bayberries, pitch pines and cedars. Here lives a large variety of birds along with raccoons, rabbits, foxes, squirrels and deer. As you move away from the waters edge watch and listen for the large population of wild turkeys.
If that’s not enough there are two little know usually quiet hidden trails. The Cottontail Acres Conservation Area is 24 acres at the corner of Samoset and Lawton Road. It is an enjoyable short ½ mile trail through meadows lined with pine, oak and red cedars. Or check out the Lamont Smith Conservation Area. It’s a loop trail through a pine and oak woods and even a blueberry swamp. This trail can be reached at the end of Peach Orchard Lane. Whatever you decide relax, enjoy and experience the environment that we have tried to preserve. And if you are still looking for more walks try a Orleans, Brewster and Wellfleet where adventures await.

Monday, July 14, 2008

Selling Your Own Home? by Rosa Wright

Maybe you’ve thought about selling your home without an Agent in order to avoid paying an Agent’s commission. That commission, is negotiable depending on where you live and what Agent you choose.

Handling your own sale means you will have to place ads, answer calls, perhaps hold open houses, show your home to strangers at all hours—no matter how unexpected or inconvenient, and in some cases negotiate the selling price.

Serious Buyers depend on real estate Agents. 98.3% of the homes for sale are listed by Realtors®. And 70% of homes sold are sold through Agent-to-Agent communication. The national average price of homes sold is 16% higher when an Agent is used. Using the right professional Agent will make your home sale a better experience, and a more profitable one.

When selling your home, or buying a new one please contact us, here at The Real Estate Company for a full service Real Estate Agent and counsel you can trust.
East Orleans 508-255-5100; Eastham 508-255-4949; Chatham 508-945-7777

Wednesday, June 18, 2008

“It’s Band Time in Chatham” By George W. Goodspeed Jr.

This often heard expression in this great little Cape Cod Town, was probably coined in 1945 when the Chatham Band started up after World War II. Some of the young men returning from all over the world, had used their instruments during the war years, and others had to dust them off, and get their lips in shape. The Band had shut down in December of 1941 with the surprise attack on Pearl Harbor, but just about everyone came home to get things started again.

The Band was originally organized in 1931, when a group of local men, twelve in number, gathered and formed the nucleus of the Band. One of those men was my father, George W. Goodspeed, Sr., who had learned to play the saxophone from a Mr. Martell who lived on Crowell Road. They were able to get some other amateur musicians in town and a few from the surrounding towns, and with Mr. Martell as the leader, they started what was known as the American Legion Band. The uniform of the day was a blue blazer, white pants and shoes, and a blue and white hat, similar to the design of the current hat. They started their music library by pooling their own money, and the rehearsals were held at the American Legion Hall on School Street in Chatham.

Photo - Generations of the Goodspeeds: Part of Chatham Band Tradition. July 4th, 1973 - George W. Goodspeed Sr. (center) with son Ben and grandson Benny.


In the early years, the Band was directed by Joe Martell, and Thomas Nassi. Mr. Nassi and his wife taught music in the schools, and they lived in Orleans, across from what was then the main school on Route 28. They taught music in Chatham, Orleans, Eastham, Brewster and Harwich. Several of the current Band members learned their music from Mr. and Mrs. Nassi who were from Albania originally There is a small park in Orleans that is named for their son Albert who was killed in World War II.

About two years after the Band was started and things were going pretty well, the American Legion Post in Chatham, in an effort to raise money, started to charge the Band rent for the use of their hall since not all of the Band members were members of the Legion. The Legion Hall was one of the old schools in Chatham, and it was known as the Village School. The rent started at $ 2.00 dollars per night. Because the Band did not have deep pockets, they started to look for another place to practice. They were able to get the use of a hall that belonged to the Improved Order of Red Men on Route 28, next door to the present Post Office. The Red Men’s Hall was later converted into a home by the Swan family that managed the Queen Ann Inn.

With the move to the Red Men’s Hall came the new name, and the new uniform. The new name was the Chatham Band, and the new uniform was the forerunner of today’s well recognized uniform.

As the Band became better known and developed into a class act, they were asked to take part in many activities. They were the Band to play for the dedication of the two Cape Cod Canal Bridges, and they often joined with the Provincetown Band to march and play for the Blessing of the Fleet. Their first Bandstand in Chatham was on Main Street, where the large parking lot is next to the Town Office. Soon after World War II, that Bandstand was moved to Kate Gould Park, and it was later replaced with the larger and current bandstand that is there today. The current Bandstand was paid for by the Band members with the help of private donations, and it was built by carpenters that were members of the Band.

When Mr. Nassi, the director for only a short period of time retired from teaching, it became necessary to find a new director. Several people tried to do the job, but then the Band lucked out with a new vocal music teacher for the school systems. Whitney Tileston came on to the scene and started the program that we have today. Shortly thereafter, the Band became a feature story in The National Geographic Magazine. The Band was also featured on NBC’s Nightly News, and several other television shows.

Since the late forties, the Band has performed free concerts every Friday night at Kate Gould Park, weather permitting. Over a period of time “Whit” became known as “Mr. Music”, and with a great Band behind him, we were able to entertain thousands of people and several generations. I originally started with the Band at the ripe old age of 12, marching with the bass drum and playing cymbals. Today I’m a member of the reed section playing alto saxophone, and serve as manager of the Band. The Current director is Ken Eldredge, who started with the Band in the thirties as a drummer will continue this great piece of Americana for families of all ages. We’re all working to keep this tradition alive for many years to come.

If you are free on a Friday Night in the summer, bring your blankets, chairs, and enjoy a fabulous evening. Oh yes, it is the best entertainment in New England for the price.

Thursday, June 5, 2008

Rosa Ryan about Bee Stings

Cure for Bee and Hornet Stings - This came to me in an email. I thought it was interesting. The write sent this message:
A couple of weeks ago I was unfortunate enough to get stung by both a bee and a hornet while working in the garden. My arm swelled up so off to the walk-in clinic I went. The clinic gave me
cream and an antihistamine.
The next day the swelling was getting progressively worse so off to my regular doctor I went. Infected arm - needed an antibiotic. What was interesting is what the Dr. told me.
The next time you get stung put a penny on the bite for 15 minutes. I thought, wow next time (if there ever is one) I will try it.
Well that night my niece got stung by two bees. When she came over to swim I looked at the bite and it had already started to swell. So off I went to get my money. I taped a penny to her arm for 15 minutes. The next morning, there was no sign of a bite. Wow were we surprised!
Well guess what happened again on Saturday night. I was helping my sister deadhead her flowers and guess what? You are right - I got stung again two times by a hornet on my left hand. Was I ticked. I thought, here I go again having to go to the doctor for yet another antibiotic. Well I promptly went into the house, got my money out, and taped two pennies to my bites and then sat and sulked for 15 minutes. The penny took the sting out of the bite immediately. I still wasn't sure what was going to happen. The next morning I could only see the spot where he had stung me. No redness, no swelling.
Just wanted to share the marvelous information in case any of you are experiencing the same problem at home.
We need to have a stock of pennies on hand at school and at home.
The Dr. said somehow the copper in the penny counteracts the bite. I would never had believed it. But it definitely does work.

Tuesday, May 13, 2008

Cape Cod Meanderings with Barbara Johnson

There are those of us who have to be near the ocean. Maybe it’s the negative ions from the sea that energize and sooth us.
You can walk along the edge, dodging the waves as they roll in, looking for shells, hoping to find a piece of sea glass, or just a pretty rock. If the rapture of beach combing isn’t for you, looking for seals or watching the surfers is a thrill. Webster says a beach comber is a “drifter or loafer”. Soun
ds good to me. We all need a time-out occasionally.
If you’re a walker or a bike rider, there are all kinds of trails and paths, many leading down to the sea. Our National Seashore invites you to roam through the woods and fields. Bring your binoculars in case you want to do some bird watching.
Kayaking is very popular, good exercise, with easy access to calm waters. It’s also the best way to cruise along and check out all the waterfront properties.

“Mother Nature” rules here on the Cape. You can certainly enjoy a sunny day in July or stand in awe watching the storm waves crash on the beach. As the old saying goes, “If you don’t like the weather, wait a minute”.
You can tell from all this that I could never live away from the coast. If you’re as drawn to sea and sand as I am, it’s time to invest in your own piece of paradise.

Find your new home on Cape Cod with Barbara Johnson 508-255-5100 Ext 718 barbaraj@capecodhomefinder.com Please visit her website at www.BarbWJ.com
Then come home to Cape Cod, you can get lost here too.