Residents Group Buys Mashnee Island Property
By: Diana T. Barth
Published: 02/05/10
A group of Mashnee Island residents has purchased the building—and the land surrounding it—that has been the home of the Quahog Republic.
A deed and associated documents were recorded Monday afternoon in the Barnstable County registry. They show a purchase price of $2.75 million and two mortgages.
One, for $650,000 was granted to Cape Cod Five Cents Savings Bank; the second, for $931,500, to Wianno Road, Mashnee Island, resident James S. Gonet. The remainder of the funding was fronted by the unidentified Mashnee Island property owners who joined together to purchase the property, once the home of a private club.
The purchase marked the end of the property’s lease by Quahog Republic owner Erik K. Bevans. It also marked the end of Mr. Bevans’s sublease to Bourne Community Boating, which also ceased to exist when Mr. Bevans’ lease was terminated.
It did not, however, end hopes by both Bourne Community Boating and the Town of Bourne that they will be able to work with the new owners.
At Wednesday night’s meeting of the town’s community preservation committee, that group authorized Chairman Barry H. Johnson to write a letter to the new owners, through their attorney, Thomas A. Latanzi of Orleans. That committee has voter authorization to buy a portion of the property, and committee members want to open the door to any discussions the property’s new owners might wish to have.
Similarly, Bourne Community Boating members are hopeful that the new owners will have the same attitude toward the BCB sailing program as the former owner did. Mr. Bevans not only subleased some of the land under his control to the BCB, he provided shade under his deck for the group’s educational program and other amenities.
“We’re hoping that they will continue to support the kids in Bourne,” BCB President Kenneth D. Legg said, and allow the boating group to continue its program at the Mashnee Island location. The waters there are in a protected area that is ideal for neophyte sailors.
Mr. Legg said that the group has already taught some 200 Bourne youngsters and wants to continue teaching them. The program does not have a lot of time to either come to an agreement over the use of the Mashnee site or find a new location. Applications usually go out at the beginning of March.
Members of the BCB have said they were surprised when Mr. Bevans relinquished his right of first refusal to buy the land, taking a buyout of his interests, instead.
That relinquishment—and the end of Mr. Bevans’ superior court suit, which had blocked any sale of the land—left open the door to the purchase by Mashnee Group LLC, an as-yet unnamed group of island residents.
The sale, however, was a great relief to the seller, Constance McClellan of Harvard, principal of Mashnee Village Inc., said her attorney, J. Ford O’Connor.
The court cases and controversies over the use of the land had weighed heavily on the elderly Ms. McClellan, who had owned the property for many years.
The Barnstable County Superior Court cases, including one filed against selectmen over the Quahog Republic’s licensure, have now been, or will be, dismissed, Mr. O’Connor said, and there is no reason for his client to appeal a recent Department of Environmental Protection decision.
Mr. O’Connor said he and his client were very happy to be out of the fray as various groups competed to buy the land.
He said he is still operating under an agreement with the property’s new purchasers that says neither the property owner, that company’s agent, or its attorneys would work with the town toward a sale of the land, so he had no comment on the land’s future except to say to the new owners, “We wish them well.”
Mr. Bevans could not be reached for comment. His Quahog Republic group, working from its retail store in Plymouth, won second place in last weekend’s chili contest on Martha’s Vineyard.
23 Responses to "Residents Group Buys Mashnee Island Property"
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A big disappointment for the people of Bourne (sans Mashnee residents), the BCB and those who enjoyed the Quahog Republic. I suggest that the people of Bourne need to approach the federal government for parking access along the dike, which is not owned by the Mashnee residents.
The failure of Mr. Bevans to operate his business within the boundaries of commonsense and the fact of the proximity to residential property precipitated the effort to protect the residential interest. Fotunately the owners had the ability to defend themselves against the expanded business plan and the creation of a public destination that was an incompatible use of Mr. Bevans business interest. The original intent of the propert was the creation of a beach club that was named the Boat and Bottle Club. It was a club that was a low keyed family friendly operation that welcomed many locals over the years and was never intended for a publicly advertised destination gin mill.
in rebuttle to the above email. You need to get your head out of your ass. why would you buy a vacation home near a restaurant. erik has done a wonderful job of running his business and he has gone above and beyond to be flexible to any of the concerns of the island residents. They make it out to be such a loud and noisy place that is fueled by drinking. When it is the absolute opposite. The Quahog Republic is very family friendly and was voted top Family restaurant on Cape Cod by Cape Cod life magazine. There will always be knuckle heads whether you are at a 5 star restaurant or a beach siude bar. So take that out of the equation and I wonder why people who knew they had a restaurant in their back yard would build additions and make improvements to a home. This is god awful what you have put not only Erik through but what you have put all the wonderful people who have patronized the Quahog Republic. Kharma is a funny thing. I hope when you select few are sitting high above your castles and looking out over the ocean, a familiar sound won't be heard anymore. The sound of people enjoying their lives and each other and good old fashioned capitalism that this country was founded on. Good Day
What I really like about the above e mail is the personal insulting remark which I suspect is typical of those who create a public nusiance and expect others to remain silent. I do not live on the island but do have an inherent respect for private property rights that include residential property. Gin mill operation and the creation of a public destination indicates to me that Mr. Bevan's had little to no regard for residential rights. Clearly the clash of business interest and residential interest is the result of ridiculous zoning and since the above writer has no clue as to what it was like to live next to the expanded businees use of a gin mill he may want to try it. prior to defending stupidity.
dch.2 - Please do some research to determine the extent that the QR reached out to the Mashnee residents and to the people of the town of Bourne. You will see that he made every effort to appease those people including volunteering to limit his hours, music and special events. These were concessions he made and which he was not required to make. The only failure the QR made was in failing to appease a group of people which, most consider driven by one goal, the elimination of access to this area. The Mashnee group has sued the QR, Town of Bourne and the Bourne Community Boating (BCB) to attain limited access to this area. The area of the QR was zoned for business and is adjacent to a long stretch of federally owned beach. I would argue that the Mashnee group is being unfair by trying to restrict access to an area they do not control and that their treatment of the QR, BCB and town is scornful. Again, The Mashnee residents that keep perpetuating this are, in my opinion, just trying to thwart the enjoyment of this area by anyone besides themselves. The fact that they are going after the community boating program makes me see these people as selfish and the tact that they are using, as simply a ruse to hide their true motives. Our town “coastal resources goal” (found at http://www.townofbourne.com/Town Offices/LCP/LCP Draft Plan/Coastal Res.htm) states: “The coastal resources goal of the Bourne Local comprehensive Plan is to protect the public interest in the coast as well as rights for fishing, navigation and recreation; to improve, preserve and manage coastal areas in order to safeguard and perpetuate their biological, economic, historic, maritime and esthetic values; and to preserve, enhance and expand public access to the shoreline.” The issue that the Mashnee residents are pushing appears to me to be clearly contrary to the town’s interests. Again, before you state that the QR treated the Mashnee people unfairly, look to the history of this situation and the deluge of frivolous complaints brought forth by the Mashnee group. Additionally, the QR is not the only one harassed by the Mashnee Association. This group has made it very difficult for the BCB to function. This is a group that provides a free sailing and marine biology program to full-time Bourne youth. They have protested their use of storage sheds, placement of porta potties, people parking to drop kids off, the noise of the kids etc. Additionally, all this selfish malarkey has cost both the QR, Town of Bourne and BCB lots of money. The area of the QR was zoned for business and is adjacent to a long stretch of federally owned beach. I would argue that the Mashnee group is being unfair by trying to restrict access to an area they do not control and that their treatment of the QR, BCB and town is scornful. The reaction by the Town's people to this issue shows that this sentiment is widely shared.
I am a towns people and i belive that zoning was and is the main issue. The residentioal community that is adversely affected by business expansion has every right and obligation to preserve the character of their environment. The original club that was formerly called the Boat and Bottle was primarily for and catered to residents of the island and a few locals. Bevans created his own demise by business expansion that was incompatible with the original intent of the club. The island residents by virtue of living there have a far more compelling interest that those who would both use and abuse their privacy. I could care less what an alleged majority of the town thinks. Just because "the Town" wants public access they do not enjoy that "right. it's called private property rights.
It's all mute now anyways isn't it? Though it is amazing how budsbuds and others cling to the false information they have been fed. I guess if you repeat factual inaccuracies and misrepresentations enough you start to believe it yourself.
I provided you information that I believe to be accurate. If you are capable, argue against me using what you believe to be the facts. Stating that what I said is inaccurate without evidence convinces no one. In regards to access, again, the beach that people want access to is public (federally owned). The town and the BCB have submitted proposals to the Mashnee group asking for access (parking). Remember the town's people approved 3.2 million to gain access to this area. Hopefully the Mashnee group will work with the town and the BCB to help make this happen.
Well then let me apologize, your "beliefs" are whats inaccurate. So let's set the record straight...the QR was notified by the previous owner at least 2 years ago that the property would be sold and that the future of the restaurant operation in that location would be short lived. In the summer of 2008, QR was approached to discuss working with the residents to continue operations if there was a sale that involved island residents. They declined. When it became clear the residents would be purchasing the property, QR was again approached. Again, declined. Which was absolutely his prerogative - but don't go casting blame on the residents. Regarding the licensing: Numerous documented overtures were made to QR to avoid and forestall any of the actions related to the expanded use of the property and the license both directly and through their attorney. All efforts were rebuffed or simply not responded to. BCB rejected out of hand an effort to secure a lease so that they could continue their operation. Further, the could have saved everyone, themselves & the town – legal expense by agreeing to delay proceedings related to the DEP issue. Despite all parties agreeing to stay the proceedings – they forced everyone to continue incurring additional expense. Time and again, the residents reached out directly and through attorneys to settle the environmental and use issues – each and every time, those efforts were completely, and some would argue irrationally, rejected. On that issue, it should be noted that the town turned a blind eye to how that parcel was being used and that its use exceeded the planning boards approval. Which, incidentally, the residents were fine with. It was only because of the blatant disregard of approved use that the issues persisted.
One more thing - the response above is not meant to vilify anyone. As mentioned above, it's mute at this stage. But it's clear many folks like yourself have half the story and one that is highly slanted at that. There has been a general willingness to jump all over those residents - without anyone taking the time to fully appreciate what goes on behind the sensationalist headlines.
Bourne2whine, the problem is that there has always been an effort by the Mashnee group to hamper and not to help the situation. Let’s face it, the actions of the Mashnee group is what generated the bad press. If the Mashnee group did not always resort to frivolous legal actions the “bad press” would not have occurred. In regards to the QR, we all know that the constant legal actions brought against the QR wore him out. In regards to the DEP issue, the Mashnee group initiated this issue. The “reaching out… to settle environmental and use issues” that you mention was perceived by the people and the press as hostile tactics and listening to the banter at the town meetings, this hostility was clear from the beginning. As you are aware, many of the Mashnee residents are opposed to what has transpired both in the past and recently. Only a few have pushed this issue to where it is today. I know many good people on Mashnee and I know of a few who are forcing an exclusionist agenda. The door is still open to both the town and the BCB. Both these groups have sent letters to your attorney wishing to start a dialogue. The ball is in your court.
Your position is predicated upon the belief that these people should have allowed others to railroad them and have the town turn a blind eye to persistent violations, which may be fine for you since you obviously care little of the rights of others as long as it doesn't impede your interests. And no, the ball is not in my court. I'm not playing.
I am surprised at how bitter you are for a situation that, as you state, does not involve you. My bitterness comes from the inability I have to use my right to access this public area. My family has used this federally owned public beach for swimming, clamming, fishing and off season dog walks and my kids are enrolled in the BCB. You keep judging me with contempt for my perspective on this issue. You also expressed disgust at the Press, the QR, the BCB and the people of Bourne. Perhaps you should reevaluate your perspective to see if perhaps you are judging everyone too harshly about this issue.
Wait...what? Here I was thinking you were the bitter one. Ha. Well, that makes two less bitter people in the world. Not quite sure why you are now unable to access the beach that your family has used for swimming, clamming, fishing and off season dog walks - why is that the case? Nothing is stopping you from using it.
Where do I park?
Where did you park before? Why do those people have to provide you with a place to park - simply because you feel entitled? Let's not pretend access to that beach is restricted - it sees plenty of activity all season long. You're not talking about access to a public area, you're talking about personal convenience at the expense of the property rights of fellow townspeople. Sounds like you're advocating some kind of socialist or communist agenda.
Wow- I thought this discussion was getting sensible, but you just brought it to a new level of absurd. I have no reply to your comment except that I hope other read it to understand the sentiment and coldness being perpetuated regarding this issue. My last post ….
b2w nailed it. You alrready have access bud -- PARKING for personal convinience is what you seem to want and have wraped it in the guise of an accesability issue. Access for recreational use does not equal 150' x 50' patch of concrete for a vehicle. Give them a public lot and you will have the same problems the rest of us (who live adjacent to Town lots) have. Yeah, nothing like taking the kiddies for a walk and finding drug deals in progress, Town emplyees fighting and coordinating investigation answers, the place littered with condoms, bottles, dog feces and other trash. In general, created by enabling the CONVINIENCE of proximity parking. DPW, PD, etc, don't have enough time ion the day to take care of what is already a serious public safety problem here in Bourne. Lets not make the problem worse with MORE public parking. But if you do get a lot make it a "destination" type slot. Include as many amenities as permitted so that the loosers who foul up the rest of the twon lots will head out to Mashnee Island.
Do I understand that your belief is that we should limit public access around town to dissuade littering and the “losers” for committing drug deals? Also, that this is too big a problem to deal with and that access to Mashnee will just spread out the problem? How about supporting the youth by supporting the BCB so that the youth attain positive interests? I am amazed by your antagonism towards the people and youth of Bourne.
Do you go to sleep at night repeating that phrase to be used with anyone that disagrees with you? I am amazed by your antagonism towards the people and youth of Bourne. I am amazed by your antagonism towards the people and youth of Bourne. I am amazed by your antagonism towards the people and youth of Bourne. We ARE the people of Bourne.
Ya gotta love it. QR gets a permanent zoning break that says that they can add 100 people to it's occupancy limit with a grandfathered septic system. You add a bedroom and a maximum of two more occupants and you get to improve your sewage system. I am always amazed by those who have little to no regard for others property "rights." Sorry it's always about feelings rather than rights and when the rights get due process the feelings become rights.
bourne2whine, even a search of this paper yields a news article stating what the owner did to work with island residents: http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20090330/NEWS/903300301 Seems you are the misinformed one. All i can say is that QR was a fun place, I visited all the time and never saw anything that should have angered residents, but of course i can not speak for every minute of operation. My family and I routinely made the hour and a half ride just to spend out tourism dollars at this establishment. We were shocked when we arrived over the memorial day weekend to find out it was closed. This situation reeks of entitled islanders wanting to keep others out. A far too common practice on Cape Cod. I have not seen any evidence to the contrary in these discussions or in any relate searches for information on this topic. CapeCodSooner: I drove an hour and a half to visit a beautiful area. I could not find a spot to park and have access to the beaches on Mashnee Island. As i understand it those beache areas are supposed to be opened to the public. I am part of that Tax Paying Public! If i understand this correctly than those people do have an obligation to provide parking weather it comes with enforcement issues or not. Overall the loss of QR has only made Mashnee Island an uglier place to be.
Sorry in the last post i attributed a Cape Cod Times news story to this paper. My mistake.