|
East Chop Association Parks |
|
|
Ruel S. Smith's History of the East Chop Association's Parks The following information about the Parks now held by the East Chop Association came substantially from printed records gathered by the late Warner F. Gookin, an Island historian and the original secretary of the Association. It reveals the background by which these 11 valuable Parks were brought under the Association's ownership and control for the benefit of the East Chop Community. The parks and other open spaces on the recorded plans of the original Vineyard Grove Company have an interesting past. The so-called “Highlands” shown by these plans (including East Chop) were laid out in rectangular blocks of lots in areas surrounded by curving avenues. This resulted in the appearance on these plans of innumerable small areas adjacent to lots, for the most part irregular or triangular in shape. These were too small to have names on the plans, but nearly all of the older deeds to lots abutting on them specify that the lot is bounded on the abutting side by a “park”. These irregular “park” pieces existed in addition to the large areas bearing names as Parks. In 1906, the Vineyard Grove Company under the management of Hamilton J. Green recorded a new Plan of the Highlands, commonly known as the Crowell, or Preble, plan, according to which all of the curved streets and all of the parks and open spaces west of Munroe Avenue had been eliminated. This is effect was to cut up certain areas previously designated as parks into building lots; but as no one’s rights were infringed, no one raised legal objections. When the Vineyard Gove Company passed into the control of an off-Island syndicate in approximately 1930, lot owners on East Chop found themselves confronted, it is alleged, with suggestions that owners would do well to purchase the nameless “park” areas adjacent to their premises, or else suffer the consequences of a nuisance use of these areas. A few welcomed the opportunity to enlarge their premises. Others were aroused to a pitch of high indignation at being asked to pay money for lands described in their deeds as “parks”. To remedy this situation, and to safeguard East Chop owners in other respects, a group of public spirited residents, Messrs. Alfred E. Vondermuhl, George B. Dowley, Ernest H. Cook, and two others, incorporated themselves as The Highlands Property Trust, and purchased all the land owned by the Vineyard Grove Company. This purchase was financed by the sale of stock in the Trust, and by a large loan from one of their number. These gentleman committed themselves, of course, to the principle in general that the areas given names as parks on the Plans of the Highlands should be regarded as dedicated to the public. They continued, however, the policy of conveying for a consideration the small, unnamed “park” areas to such abutting owners as wanted them, to the gratification of some, while others have declined this opportunity to take title to the land that gives spaciousness to their premises, in the belief that no one can put it to other uses. Under the date of July 26, 1939, the Highlands Property Trust sent out a notice calling a meeting of property owners of East Chop in which it was stated, in substance, that the Trust was facing a situation which threatened it with the loss of its property. Following this meeting a plan was worked out for the organization of this Association for the purpose of taking over certain parks and open areas to be conveyed by the Trust in consideration of payment of shares in the Trust which would help the Trust in paying taxes, and at the same time, preserve control of these parks and open areas for the benefit of the whole community. On July 31, 1941, the East Chop Association, Inc., was organized as a charitable corporation under Massachusetts statutes permitting it to hold real estate for the benefit of the community as a local improvement association. At that time there was a question as to possibility of further taxes being assessed against the Highlands Property Trust which would not have to be paid on areas conveyed to the Association. The directors of the Association were in full agreement with a feeling on the part of the officers of the Highlands Property Trust that those enjoying the benefits in general of the large park areas should contribute to the capital by which the Trust was financed. They were also concerned as to the future of the named parks in the possible unforeseen event that the Highland Property Trust might have to liquidate its assets. Consequently, the East Chop Association was incorporated as a civic improvement association, under the so-called “charitable” or philanthropic act, with authorization under its charter from the state, not only to improve and beautify any street, public square, or park in Oak Bluffs, which it owns, or to which it has access, but also to acquire and hold title to lands for these purposes. An agreement between the Highlands Property Trust, and the East Chop Association, Inc., was signed, sealed, and delivered. Under it, the Association subscribed to fifty shares ($5,000) of the Trust’s stock at par. In consideration of this, the Trust agreed to convey to the Association, or to the Town of Oak Bluffs at the Association’s request, for park purposes, twelve acres so designated on the plans of the Vineyard Grove Company, with some slight modifications. Several years ago the Association fulfilled its contract obligation; and the Trust has conveyed certain park areas, including Washington Park and some of Plymouth Park, deeded to the town of Oak Bluffs at the request of the Association. The remaining parks are held by the Association. At the time of final payment, the Highlands Property Trust was prevailed upon to deed to the Association as a park the strip of land between the road and the edge of the Bluffs, running from the boundary of the Hand property down to the property located across from the John H. Brooks property. The deeds from the Trust to the Association contain a clause stipulating that the land conveyed is not to be re-conveyed except for park purposes. This stipulation, which is a matter of record in the Registry of Deeds, leaves no possible doubt that these lands have been dedicated to the public.
RUEL S. SMITH JULY 1959
|
For questions or comments about this website, please email the
East Chop Association Webmaster.
|