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Letter written by Carolyn Kelley:
“In 1955 my mother, Viola Stewart, purchased a cottage on Peter Oliver Road, South Dennis in a sub-division known as “Hill Crest Acres”. Together with the purchase of the property were deeded rights over the ways (roads); rights-of-ways to the beach area; and the right to use Lot 30 (?) for recreational purposes, i.e. swimming, boating, etc., the developers, Metcalf and Sandborn, had built steps to the beach on the right of way and built a dock for boating purposes on the beach extending into Follins Pond. These steps and pathways have been maintained by the property owners since 1955.
By 1956 Sayre and Betty Shafer started a cottage colony on the westerly side of Olivia Walker Way. The name of this colony was “Shafer Cape Coddages”. In conjunction with the operation of the rental cottages Mr. and Mrs. Shafer maintained a private beach area on Lot 53. The beach was accessed by both a grassy pathway and wooden stairs. There was a marked off swimming area in Follins Pond and swim float in the water. Canoes and Sailfish were available for use by their guests. These steps and pathways have been maintained by the Shafer family since 1956.
A few years later Richard Chase built cottages on the easterly side of Olivia Walker Way and his cottage guests used the Shafer property by agreement with Mr. and Mrs. Shafer. It was around this time that Richard Chase built his home on Lot 75, Alfred Metcalf Drive. Mr. Chase maintained steps and a pathway to the beach area known as Lot 182. The Shafer property separated the original recreation area so that Lot 30 was for the use of residents of Peter Oliver and Norse Roads and that part of Alfred Metcalf Drive which they bounded and Lot 182 became the recreational area for the remainder of the sub-division from Olivia Walker Way to Town Landing. The subsequent owners of Lot 75 have maintained these steps and pathways since 1957/58 or thereabouts.
In 1960 I moved to 49 Norse Road. At that time the right of way to the beach, ten feet between Lots 51 and 53, was opened up for access to Lot 30 and has been in continual use since.
Each of the names roads from Robert Arthur Way easterly to Town Landing abut Lot 182 and various property owners who abut Lot 182 have maintained these rights-of-ways to the beach for many years.
Carolyn Kelley
Additionally, a little more background of how we got here by Carol Livingstone and Carolyn Kelley.
In the Late 1950’s a Sub-Division of land was filed in the Land Court at Boston, this Sub-Division was bounded by Mayfair Road to the Tidal waters of Follins Pond and by the Yarmouth/Dennis town line and the Dennis Town Landing. Appurtenant to this sub-division was a lot set aside for recreational purposes (Lot #182) which conveyed to certain purchasers of property in the sub-division with Deeded Beach Rights.
Richard “Dick” Chase had been the owner of all this land specifically from the Town of Dennis Landing to Olivia Walker Way (lot 182). Dick was no longer living in the neighborhood and thought we should have ownership and responsibility for our recreation land and wanted to divest himself from the title of the recreational area. The choices were to give it to the Town of Dennis, thereby opening it up to be used by the general public, or if there was interest from the property owners to take title, then it could be kept private. Having sufficient interest of the property owners at that time, the Follins Bay Realty Trust was created in 1985 as a vehicle to take title to the property. Lot 182 was conveyed to the Trust for one ($1.00″) dollar.
By way of the Trust, all of the property owners, in our neighborhood, (Olivia Walker Way, Alfred Metcalf Drive, Robert Arthur Way, Natalie Sayward and some on Mayfair Road) are Beneficiaries of the Trust. The Trust has no income or assets other than the land. The Arthur Walker Association pays the modest Real Estate taxes, about $250 per year.
Property Owners in the area had formed an “Association” for the purpose of maintaining the Rights of Way to the beach, the beach area, and in general share an interest in keeping the neighborhood attractive and safe. Property owners are asked to contribute each year to meet expenses and is voluntary. All property owners benefit from the efforts of the community.
The Declaration of Trust lays out the terms of the trust.
Article 4 deals with the Powers of the Trustees. Carol Livingtone is currently Managing Trustee. Larissa Charette is also a Trustee.
Article 7 – Protection of the Trustee and Beneficiaries. 7.1 shows the
relationship of the Trustees to the Beneficiaries and 7.5 talks about
Liability.
Article 9 -Termination. The Trust was originally set to terminate
after 20 years. In 2005 Article 9 was amended to extend the life of the Trust to 40 years (an additional 20 years.)
Following the Trust Declaration are the Succession of Trustees documents and the Article 9 amendment.
Each of the 4 people who have served as Trustees since 1985 have a deep historic connection to the property, neighborhood and beach.
