spinnaker island yacht club

Spinnaker Island Yacht Club

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• Massachusetts

Spinnaker Island Yacht Club

Welcome to Spinnaker Island Yacht Club, the ultimate destination for yacht enthusiasts and lovers of the sea. Located in the picturesque town of Hull, Massachusetts, this hidden gem offers a unique and unforgettable experience for all who visit. With its stunning views, top-notch amenities, and vibrant community, Spinnaker Island Yacht Club is the perfect place to embark on your more...

Spinnaker Island Yacht Club - A Hidden Gem in Hull, Massachusetts

Introduction: welcome to paradise.

Welcome to Spinnaker Island Yacht Club, the ultimate destination for yacht enthusiasts and lovers of the sea. Located in the picturesque town of Hull, Massachusetts, this hidden gem offers a unique and unforgettable experience for all who visit. With its stunning views, top-notch amenities, and vibrant community, Spinnaker Island Yacht Club is the perfect place to embark on your nautical adventures.

Unparalleled Beauty: A Visual Feast for the Eyes

Prepare to be mesmerized by the unparalleled beauty that surrounds Spinnaker Island Yacht Club. Nestled in the heart of Hull, this marina boasts breathtaking views of the Atlantic Ocean, Boston Harbor, and the stunning Boston skyline. Whether you're enjoying a leisurely sail or simply relaxing on the dock, the scenery alone will leave you in awe.

As you step onto the island, you'll be greeted by lush greenery, vibrant flowers, and the gentle sound of waves crashing against the shore. The well-maintained grounds and pristine facilities are a testament to the club's commitment to excellence. Every corner of Spinnaker Island Yacht Club is a visual feast for the eyes, making it the perfect backdrop for your next adventure.

Top-Notch Amenities: Luxury at Your Fingertips

At Spinnaker Island Yacht Club, luxury is not just a word – it's a way of life. The marina offers a wide range of top-notch amenities to ensure your stay is nothing short of extraordinary. From the moment you arrive, you'll be treated like royalty.

For those seeking relaxation, the club features a state-of-the-art spa and wellness center, where you can indulge in rejuvenating treatments and massages. If you're in the mood for some friendly competition, challenge your friends to a game of tennis or take a dip in the sparkling swimming pool. And for the foodies among us, the club's gourmet restaurant serves up delectable dishes that will tantalize your taste buds.

Thrilling Water Sports: Dive into Adventure

Spinnaker Island Yacht Club is not just a place to admire the water – it's a playground for water sports enthusiasts. Whether you're a seasoned sailor or a beginner looking to try something new, the marina offers a wide range of thrilling activities to satisfy your adventurous spirit.

Set sail on a yacht and feel the wind in your hair as you navigate the open waters. If you prefer a faster pace, hop on a jet ski and zip across the waves. For those who want to explore beneath the surface, scuba diving and snorkeling adventures await, revealing a vibrant underwater world teeming with marine life. No matter your preference, Spinnaker Island Yacht Club has something for everyone.

A Vibrant Community: Making Friends for Life

One of the greatest treasures of Spinnaker Island Yacht Club is its vibrant and welcoming community. From the moment you become a member, you'll be embraced by a group of like-minded individuals who share your passion for the sea.

Participate in social events, regattas, and sailing races, where you can showcase your skills and make lasting memories with fellow boating enthusiasts. The club also hosts regular gatherings, such as barbecues and cocktail parties, providing the perfect opportunity to forge new friendships and strengthen existing ones. At Spinnaker Island Yacht Club, you'll find a community that feels like family.

Unforgettable Events: Celebrate in Style

Looking for the perfect venue to host your next special event? Look no further than Spinnaker Island Yacht Club. With its stunning waterfront location and luxurious facilities, this marina is the ideal setting for weddings, anniversaries, corporate events, and more.

Imagine exchanging vows against the backdrop of a breathtaking sunset, with the sound of waves gently crashing in the background. The club's dedicated event planning team will ensure that every detail is taken care of, leaving you free to enjoy your special day. From elegant ballrooms to intimate outdoor spaces, Spinnaker Island Yacht Club offers a variety of options to suit your needs and create memories that will last a lifetime.

Convenient Location: A Gateway to Adventure

Located just a short drive from Boston, Spinnaker Island Yacht Club offers the perfect escape from the hustle and bustle of city life. Whether you're a local looking for a weekend getaway or a visitor seeking a unique experience, this marina is easily accessible and serves as a gateway to a world of adventure.

Explore the charming town of Hull, with its quaint shops, delicious seafood restaurants, and beautiful beaches. Take a ferry ride to Boston and immerse yourself in the rich history and vibrant culture of the city. Or set sail and discover the hidden coves and islands that dot the Massachusetts coastline. The possibilities are endless when you choose Spinnaker Island Yacht Club as your home base.

Membership: Join the Exclusive Club

Becoming a member of Spinnaker Island Yacht Club means gaining access to a world of luxury, adventure, and lifelong friendships. The club offers a variety of membership options to suit your needs, whether you're a seasoned sailor or a novice looking to learn.

As a member, you'll enjoy exclusive benefits, such as priority access to amenities, discounts on events and services, and invitations to members-only gatherings. You'll also have the opportunity to participate in sailing lessons and regattas, honing your skills and expanding your horizons. Join the Spinnaker Island Yacht Club community and embark on a journey that will leave you with memories to last a lifetime.

Conclusion: Your Nautical Paradise Awaits

Spinnaker Island Yacht Club is more than just a marina – it's a haven for those who seek adventure, relaxation, and a sense of belonging. With its unparalleled beauty, top-notch amenities, and vibrant community, this hidden gem in Hull, Massachusetts, is a true nautical paradise.

Whether you're a seasoned sailor, a water sports enthusiast, or simply someone who appreciates the beauty of the sea, Spinnaker Island Yacht Club has something to offer. So, pack your bags, grab your sunscreen, and get ready to embark on the adventure of a lifetime. Your paradise awaits at Spinnaker Island Yacht Club!

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Spinaker Island

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Spinnaker Island, also known as Spinnaker Island & Yacht Club is an innovative 103-unit condominium complex on Spinnaker Island. This resort-style, beachfront community was created in the mid-1980s to help solve the problem of Boston's housing crunch. These spectacular condos were designed to smoothly blend with houses in the neighboring towns of Boston Harbor's South Shore. In an effort to mimic traditional New England styles, they have sharply sloped roofs, paned bay windows, and gray, weathered-looking shingles. These units are approximately 1,700-1,900 square feet, give or take, and are in the range of $300,000 to $350,000.

The townhouse-style units at Spinnaker Island have two or three bedrooms, depending on the floor plan. They have a gorgeous living room with gleaming hardwood floors and a fireplace to cozy up around during a cold New England winter night. The living room has oversized windows with stunning views of the beach. The windows brighten the entire room with sunlight. A sliding glass door opens up onto a private deck that's the perfect place to unwind after a long day while listening to the waves crashing on the shore.

Spinnaker Island's condos have a stunning eat-in kitchen with a built-in desk area underneath two large windows. A center island is big enough to sit three people. The kitchen has beautiful countertops, cabinets galore, and sleek stainless steel appliances. The master bedroom has vaulted ceilings, a ceiling fan, and - you guessed it - even more big windows. Occupants can watch the sun rise or set over the ocean from their bed.

Amenities on Spinnaker Island include an L-shaped swimming pool and a barrier beach. Each unit has a one-car garage. Spinnaker Island is less than half a mile off of the south side of the Nantasket peninsula in Hingham Bay. A 300-yard man-made causeway connects it to the mainland. The marina accommodates roughly 69 boat slips, which are owned by non-unit owners and unit owners. Boat slips can be purchased for an additional cost. Residents also have access to the commuter boat to Boston.

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Spinnaker Island Yacht Club

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Visit Spinnaker Island Yacht Club at 2-B Marina Drive in Hull, Massachusetts. Spinnaker Island Yacht Club has not been reviewed by any seafarers, be the first to review and rate this marina! To contact the marina directly call 617-925-1800. Spinnaker Island Yacht Club offers direct passage to the water and other amenities within Hull.

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• Massachusetts

Spinnaker Island Yacht Club

Address: 5 Fitzpatrick Way Hull, MA 02045

Website: https://marinas.com/view/harbor/xgtmeg_Hull_Bay_Hull_MA_United_States

Phone: (617) 925-1800

About Spinnaker Island Yacht Club

Spinnaker Island Yacht Club is located at 5 Fitzpatrick Way Hull, MA 02045. They can be contacted via phone at (617) 925-1800 for pricing, directions, reservations and more.

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What is the phone number for spinnaker island yacht club.

The phone number for Spinnaker Island Yacht Club is (617) 925-1800.

Where is Spinnaker Island Yacht Club located?

Spinnaker Island Yacht Club is located at 5 Fitzpatrick Way , Hull, MA 02045

What is the internet address for Spinnaker Island Yacht Club?

The website (URL) for Spinnaker Island Yacht Club is https://marinas.com/view/harbor/xgtmeg_Hull_Bay_Hull_MA_United_States

What is the latitude and longitude of Spinnaker Island Yacht Club?

You can use Latitude: 42.30657100 Longitude: -70.89246850 coordinates in your GPS.

Is there a key contact at Spinnaker Island Yacht Club?

You can contact Spinnaker Island Yacht Club at (617) 925-1800.

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Spinnaker Island Yacht Club

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Additional Information

• Latitude:  42.30089
• Longitude:  -70.89736

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Spinnaker Island Yacht Club

• 2-B Marina Drive,  Hull,  MA 02045
• 617-925-1800

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BOARD OF MANAGERS OF SPINNAKER ISLAND CONDOMINIUM AND YACHT CLUB [Note 1] v. J. TIMOTHY GROBLESKI

2011 mass. app. div. 281, november 16, 2011 - december 22, 2011, appellate division southern district, court below: district court, hingham division, present: williams, p.j., hand & ostrach, jj..

Robert Nislick for the plaintiff.

Brooks L. Glahn and Gregory C. Howard for the defendant.

WILLIAMS, P.J. The plaintiff, Spinnaker Island Condominium and Yacht Club Association (“Spinnaker Island”), brought this action to collect claimed unpaid condominium common area expenses from the defendant, J. Timothy Grobleski (“Grobleski”), who owned boat slip easements at Spinnaker Island’s marina in Hull. Grobleski sought to defend the claim by asserting that his easements, while subject to yacht club fees, were not subject to common expense assessments. More specifically, Grobleski argued that the Condominium Act, G.L. c. 183A, did not apply to his easements, and he should, therefore, be able to withhold payment and press his defenses at trial rather than pay the claimed expenses and contest their validity in a separate action. [Note 2] Spinnaker Island obtained summary judgment and was awarded nearly $35,000.00 in common expense fees, plus attorney’s fees. Grobleski appealed. Because we find that Grobleski’s easements were not subject to common area expense assessments, we vacate the entry of summary judgment and return the action to the Hingham District Court for trial.

The motion judge apparently found in favor of Spinnaker Island because “the docks in question” are defined in the master deed as part of the common areas of the condominium, making Grobleski liable for common area expenses. We review

the entry of summary judgment for Spinnaker Island de novo to determine “whether, viewing the evidence in the light most favorable to the nonmoving party, all material facts have been established and the moving party is entitled to a judgment as a matter of law.” Bank of New York v. Bailey, 460 Mass. 327 , 331 (2011), quoting Augat, Inc. v. Liberty Mut. Ins. Co., 410 Mass. 117 , 120 (1991). We conclude that Spinnaker Island was not entitled to judgment as a matter of law because Grobleski’s easements are not governed by condominium law.

Spinnaker Island was established by a master deed recorded, along with bylaws, in 1985. [Note 3] The master deed provides that the planned marina and yacht club, with their piers and decks, would be “an exclusive common area of the condominium.” Only purchasers of a deed of easement granting them the right to use the yacht club and a specific “docking slip” in the marina could dock boats at the marina. Easements are limited, nonownership, and nonpossessory interests in real property. Busalacchi v. McCabe, 71 Mass. App. Ct. 493 , 496 (2008). Condominium owners who did not hold such an easement deed were not allowed to use the marina. The master deed further provided that the bylaws would regulate the purchase of the easements, their resale, and the method by which the monthly maintenance fee applicable to easement owners would be set. [Note 4]

The bylaws reiterated that the yacht club and marina were “exclusive common areas.” “[M]onthly common charges payable by unit owners to meet the common expenses of the Condominium” would be assessed to unit owners based on their percentage interests in the common areas. Boat-slip easement owners, in contrast, would pay fees for the use of the yacht club and marina solely attributable to the support

of those facilities. [Note 5] Significantly, the bylaws further provided that boat-slip owners were not members of the association, could not vote, and would not be included “in the calculation or payment of

. . . common expenses.” The language in the bylaws consistently distinguishes “common charges” payable by unit owners and “Yacht Club fees” payable by slip holders. [Note 6]

Grobleski has never owned a condominium unit at Spinnaker Island. [Note 7] He bought two boat-slip easements, in 1999 and 2004. The deeds for those easements described themselves as conferring “[t]he exclusive right and easement in gross to use” the yacht club and designated “docking slips.” [Note 8]

The inquiry here is whether holding a boat-slip easement subjected its owner to common area fees, and thus the provisions of G.L. c. 183A, thereby obligating that owner to satisfy a claim for common area fees before enjoying the right to challenge

those fees. Blood v. Edgar’s Inc., 36 Mass. App. Ct. 402 , 405-406 (1994). The docks or piers that define the slips are physically part of the common area. But easements to use the slips -- parking spaces for water craft -- are closely analogous to the parking-space easements considered in Commercial Wharf E. Condominium Ass’n v. Waterfront Parking Corp., 407 Mass. 123 (1990), S.C., 412 Mass. 309 (1992); CBK Brook House I Ltd. Partnership v. Berlin, 64 Mass. App. Ct. 913 (2005); and Cashin v. Murrow, No. 09-P-2296 (Mass. App. Ct. May 13, 2011) (unpublished Rule 1:28 decision). We conclude that that line of authority controls this action.

It is well settled that grantors may create easements for themselves as to real property being conveyed to grantees by including specific reservations in the instruments of conveyance. Busalacchi, supra at 496. By such a reservation, “a grantor reserves some new thing to himself, not in existence before, out of the granted premises, such as . . . an easement.” Id., quoting Stockwell v. Couillard, 129 Mass. 231, 233 (1880). It is further well settled that a condominium developer may reserve nonownership interests, such as easements, in condominium property without offending G.L. c. 183A. Id., citing Commercial Wharf E. Condominium Ass’n, supra at 128-129. See also CBK Brook House I Ltd. Partnership, supra; Cashin, supra at 2.

Spinnaker Island would distinguish the Commercial Wharf line of cases because the master deed and bylaws in this case neither explicitly purport to reserve to the developer the easement interests that eventually devolved to Grobleski, nor expressly describe such interests as being retained. Evidence of that, Spinnaker Island argues, is the provision in both the master deed and bylaws that the yacht club and marina were “exclusive common areas.” Those facilities themselves were indeed common areas. But the master deed, bylaws, and the easement deeds make clear that their intent was to treat easement holders differently from unit owners in terms of their rights and payment obligations. The freely alienable easements held in gross by Grobleski are not materially different from the easements at issue in Commercial Wharf, CBK Brook House, and Cashin. We do not find the lack of explicit reservation or retention language in the governing documents sufficient to separate this case from that line of authority. The implicit reservation of the boat-slip easements was obviously accomplished to preclude condominium ownership of those easements, see Fenmore Assocs., LLC v. Trustees of Fenmore Condominium Trust, No. 10-P-1876 (Mass. App. Ct. Oct. 5, 2011) (unpublished Rule 1:28 decision), presumably to create a separate avenue of income generation: yacht-club fees, as distinct from (or, for unit owners with boat-slip easements, in addition to) common area assessments.

Grobleski’s obligation to pay easement fees is not subject to G.L. c. 183A. He may assert defenses, including counterclaims, in Spinnaker Island’s claim for such fees in this action.

A secondary issue presented on this appeal is whether Grobleski has abandoned the boat-slip easements, which he claims to have done in 2008 when he stopped using them, but see 107 Manor Ave. LLC v. Fontanella, 74 Mass. App. Ct. 155 , 158 (2009) (easement not extinguished by nonuse alone, however long continued), or at least to have done in September, 2010, when he purportedly conveyed them back to Spinnaker Island. The only mention of this issue in the motion judge’s decision, though, is a finding that the claimed 2010 transfers had not complied with the bylaws, which conclusion is correct. It cannot be fairly inferred from this finding,

however, whether Grobleski had effectively expressed an intention by those attempted transfers, or at some other time, to abandon the easements. Abandonment is ordinarily a question of intention and, therefore, of fact. Id. See also Town of Sudbury v. Scott, 439 Mass. 288 , 302 (2003) and cases cited (person’s intent is question of fact determined from declarations, conduct, motive, and circumstances). The motion judge’s view that Grobleski’s liability for fees was subject to G.L. c. 183A did not allow Grobleski to assert defenses to Spinnaker Island’s claim and prevented a full consideration of the abandonment issue. Thus, we do not decide whether or when Grobleski abandoned the easements, and leave that issue, which obviously affects the amount of easement fees Grobleski must pay, if any, for trial.

The judgment for Spinnaker Island is vacated, the allowance of Spinnaker Island’s summary judgment motion is reversed, and the case is returned to the Hingham District Court for trial.

So ordered.

[Note 1] Marge McDermott, Dana Roberts, Elayne Suskalo, Larry Hilliard, and Robert Botelho, members, board of managers.

[Note 2] A condominium unit owner may not challenge a common expense assessment by refusing to pay it, but must pay under protest, and then seek a judicial determination of the legality of the assessment as well as appropriate reimbursement and other relief. Trustees of Cider Hill Condominium Trust v. DeOliveira, 2007 Mass. App. Div. 1, 2, citing Blood v. Edgar’s Inc., 36 Mass. App. Ct. 402 , 405-406 (1994). The teaching of Blood would normally bar the assertion of defenses and counterclaims, see Cashin v. Murrow, No. 09-P-2296, at 3 (Mass. App. Ct. May 13, 2011) (unpublished Rule 1:28 decision), but the bar may be waived. See Ambrose v. Dyson, No. 08-P-673, at 2 n.13 (Mass. App. Ct. July 6, 2009) (unpublished Rule 1:28 decision).

[Note 3] “A condominium is created by a ‘declarant’ who records a master deed that ‘submits’ land to the provisions of G.L. c. 183A. See G.L. c. 183A, §§ 1, 2. The master deed sets forth the nature of the property interest being conveyed, describes the land, buildings, units, and common areas of the condominium, [and] sets forth the purposes for and use restrictions on said buildings and units . . . .” Queler v. Skowron, 438 Mass. 304 , 311 (2002). The master deed dictates, then, “the rules of the game,” CBK Brook House I Ltd. Partnership v. Berlin, 64 Mass. App. Ct. 913 , 914 n.4 (2005), quoting Strauss v. Oyster River Condominium Trust, 417 Mass. 442 , 452 (1994), and the interests of unit owners and easement holders are subject to “the limitations set forth in the master deed and the condominium bylaws.” Id., quoting 39 Joy Street Condominium Ass’n v. Board of Appeal of Boston, 426 Mass. 485 , 487 (1998).

[Note 4] The pertinent language is: “The Marina and Yacht Club to be constructed, with all the surrounding piers, ramps and decking, is an exclusive common area of the Condominium. The right to dock boats at the Marina of the Yacht Club is restricted to those who have purchased a Deed of Easement which grants to the easement holder the exclusive right to use the Yacht Club facility including a specific docking slip in the Marina intended for the docking of a boat. . . . Unit owners who elect not to purchase the Deed of Easement will not have the use of the Marina. . . . Rules and Regulations concerning the purchase of docking easements, their subsequent resale, as well as the method of settling the monthly maintenance fee for easement owners and Yacht Club members are set forth in the By-laws.”

[Note 5] The pertinent language is: “The Yacht Club and Marina are exclusive common areas within the Condominium . . . . The Managing Board shall from time to time, and at least annually, prepare a budget for the Condominium, and for the Yacht Club and Marina. The estimated amount of the monthly common charges payable by unit owners to meet the common expenses of the Condominium as determined by the Managing Board, shall be assessed to the unit owners according to their respective percentage interests in the common areas and facilities. . . . Easement owners (whether or not unit owners) shall be liable for payment of fees as determined by the Managing Board for the use of the Yacht Club and Marina (‘Yacht Club fees’), which fees shall be for expenses solely attributable to the operation, maintenance and support of the Yacht Club and Marina facilities (as defined in the Master Deed) . . . . Included in these Yacht Club fees shall be a reasonable portion of the bridge and parking maintenance expenses as determined by the Board of Managers to relate to their usage in relation to the Yacht Club and Marina, and the cost of electricity supplied to the Marina. . . . Easement owners who do not own units will not have any vote in or be members of the Association, or be included in the calculation or payment of the Condominium common expenses.”

[Note 6] The relevant language is as follows: “All common charges and Yacht Club fees shall be paid by each unit owner and easement owner, respectively. . . . The Managing Board shall advise all unit owners and easement owners promptly in writing of the amount of common charges and of Yacht Club fees payable by each of them, respectively, as determined by the Managing Board aforesaid, and shall furnish copies of each budget on which such common charges and Yacht Club fees are based, to all unit owners and easement owners . . . .”

[Note 7] “Ownership of a condominium unit is a hybrid form of interest in real estate, entitling the owner to both ‘exclusive ownership and possession of his unit, G.L. c. 183A, § 4, and . . . an undivided interest [as tenant in common together with all the other unit owners] in the common areas . . . .’” Board of Managers of Old Colony Village Condominium v. Preu, 80 Mass. App. Ct. 728 , 732 (2011), quoting Kaplan v. Boudreaux, 410 Mass. 435 , 438 (1991).

[Note 8] Although the easement deeds are not included in the record, the affidavit of Gregory C. Howard, which is, quotes from them.

Full-text Opinions

SPINNAKER ISLAND AND YACHT CLUB HOLDING TRUST v. BOARD OF ASSESSORS OF HULL

By: admin in Fulltext Opinion , MA Appeals Court January 1, 1990

NOTICE FROM THE COURT : The slip opinions and orders posted here are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. This preliminary material will be removed from the Bulletin Board once it is printed in the Official Reports advance sheets. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, Room 1407, Boston, MA 02108; (617) 557-1030.

SPINNAKER ISLAND AND YACHT CLUB HOLDING TRUST

BOARD OF ASSESSORS OF HULL

Appeals Court

SPINNAKER ISLAND AND YACHT CLUB HOLDING TRUST vs . BOARD OF ASSESSORS OF HULL.

No. 98-P-800.

Suffolk. November 16, 1999. – March 23, 2000.

Present: Armstrong, Kass, & Rapoza, JJ.

Condominiums , Development rights, Common area. Taxation , Real estate tax: assessment. Municipal Corporations , Condominiums. Real Property , Condominium. Statute , Construction.

A ppeal from a decision of the Appellate Tax Board.

Brian P. Mansfield for the defendant.

Seth H. Emmer ( William DeBear with him) for the plaintiff.

This is the first of two cases that consider whether municipalities may tax rights retained by the declarant of a condominium ("developer") to build additional phases of the condominium. [1] Here, the assessors of Hull assessed real estate taxes to Spinnaker Island and Yacht Club Holding Trust ("taxpayer") for fiscal tax years 1996 and 1997, as owner of ten parcels of land ("expansion parcels") on Spinnaker Island. [2] The Appellate Tax Board (board), after proceedings under its formal procedure, [3] decided that the expansion parcels were part of the condominium’s common area as defined by G. L. c. 183A, Sect. 1, and as such, were exempt under G. L. c. 183A, Sect. 14, from assessment as separate parcels of real estate.

1. Facts . By master deed dated January 16, 1985, and recorded with the Plymouth Registry of Deeds, the developer [4] submitted all of Spinnaker Island to the provisions of G. L. c. 183A, the condominium enabling law. See G. L. c. 183A, Sect. 2. The master deed described a condominium consisting of twenty-two units in ten buildings. That was to be Phase I of the condominium.

Under Sect. 6 of the master deed, the declarant reserved the right, at its sole option, to increase the size of the condominium in phases, to a limit of 103 units. [5] Section 7 of the master deed, captioned "phasing lease," speaks of a lease of the land — on which the additional phases are to be built — that the declarant has "entered into," although it neglects to say with whom or how long the lease shall run. Whenever the declarant built an additional phase, the lease automatically terminated as to the land incorporated in the new phase of the condominium. There is no evidence that any "phasing lease" was ever executed and, as we shall see, there is some evidence that it never was. Details of the developer’s option to add to the condominium are further set out in Sect. 14 of the master deed, dealing with amendments to that document. Among the limitations that appear in Sect. 14 is that the developer’s right to increase the size of the condominium by building additional units expires January 1, 2004.

In 1985, the declarant added twenty-five units to the condominium; in 1986, thirty-three units; and in 1988, four units. There were then eighty-four units in the condominium. For five years the condominium did not grow further; the real estate boom of the late 1980’s had run out of steam. On January 20, 1994, the developer [6] assigned all residual development rights to the taxpayer, a nominee trust of which the sole beneficiary was the condominium unit owners’ organization (see G. L. c. 183A, Sect. 10), Spinnaker Island and Yacht Club Association. That instrument of assignment, which bore the caption, "Quitclaim Deed," refers to the phasing lease "to the extent such Phasing Lease is existent," thereby reinforcing doubt that a phasing lease was ever drafted, let alone signed. [7] Six months later, on June 15, 1994, the taxpayer executed and recorded a document by which it relinquished development rights in eight parcels of Spinnaker Island, but retained rights in ten. Those ten parcels make up the expansion parcels that the town has undertaken to tax. At the time the taxpayer reduced its development rights to ten parcels, the unit owners amended the by-laws of their condominium association to provide that the management board of the association could authorize the addition of units to the condominium only with the consent of the holders of at least sixty-seven percent of the beneficial interests in the unit owners’ association.

2. Discussion . The theory on which the assessors in this case claim to be able to tax the development rights owned by the taxpayer is that those rights were real property. See G. L. c. 59, Sect. 2A(a). [8] As the assessors see it, the rights appurtenant to the expansion parcels separated them from the common area of the condominium. In view of the real estate labels used by the developer in dealing with the retained development rights, one may imagine why the assessors were tempted to regard those rights as taxable real property. First there was the phasing lease, and second there was the instrument of assignment of development rights to the taxpayer, which was cast in the form of a quitclaim deed and was expressly so captioned. [9] Labels, however, may not camouflage the underlying reality. See Commonwealth v. Beneficial Fin. Co ., 360 Mass. 188, 292 (1971), cert. denied sub nom. Farrell v. Massachusetts , 407 U.S. 910, and sub nom. Beneficial Fin. Co. v. Massachusetts , 407 U.S. 914 (1972); American Trucking Assn . v. Secretary of Admn ., 415 Mass. 337, 342 n.9 (1993); Tinkham v. Department of Pub. Welfare , 11 Mass. App. Ct. 505, 512 (1981); Cumberland Farms, Inc . v. Montague Economic Dev. & Ind. Corp ., 38 Mass. App. Ct. 615, 621 (1995).

General Laws c. 59, Sect. 2A( a ), as appearing in St. 1979, c. 797, Sect. 11, provides that "[r]eal property for the purpose of taxation shall include all land within the commonwealth and all buildings and other things thereon or affixed thereto . . . ." By the terms of Sect. 1 and schedule A of the master deed, all the land of the island is submitted to the condominium. Under G. L. c. 183A, Sect. 1, the declarant of the condominium could have done no less, as that statute defines "common areas and facilities" of the condominium as including the land on which the condominium buildings are located. We read the statute as referring to the land dedicated to the condominium rather than the footprint of a particular building. Section 4 of the master deed confirms that the common areas and facilities of the condominium shall include "all areas and facilities of the [c]ondominium as are not within a unit of the [c]ondominium."

Once it is recognized that the expansion parcels constitute common area of the condominium, it follows that they are not subject to real estate taxation because G. L. c. 183A, Sect. 14, as appearing in St. 1963, c. 493, Sect. 1, provides that "common areas and facilities . . . shall not be deemed to be a taxable parcel." This does not mean that the land of a condominium escapes taxation. "Each unit and its interest in the common areas and facilities shall be considered an individual parcel of real estate for the assessment and collection of real estate taxes." Ibid . That is, the assessors may factor common areas and facilities into the value of an individual condominium unit to be taxed but may not tax them separately. If retained condominium development rights are to be taxed, as we shall discuss more fully in the First Main St. Corp . case, post at , the Legislature shall have to act.

As to the phasing lease, apart from its peculiarly ephemeral quality, even had it existed, the arrangement as described did not purport to give possession to another but was a reservation of right to use common land for additional condominium units, the land under which would continue to be common area. See DiBiase Corp. v. Jacobowitz , 43 Mass. App. Ct. 361, 364-366 (1997), S . C ., 427 Mass. 1004 (1998).

Two cases that stand for the proposition that the statute does not preclude establishing nonownership interests in condominium land are not of assistance to the assessors. Commercial Wharf E. Condominium Assn. v. Waterfront Parking Corp. , 407 Mass. 123, 125 (1990), involved retention by the developer of an easement in a driveway and parking area before declaration of the condominium, i.e., the real estate was withheld from the common area. Similarly, in Beaconsfield Towne House Condominium Trust v. Zussman , 416 Mass. 505, 506-508 (1993), the execution of a 155-year lease (of twelve parking spaces) executed and recorded prior to the master deed excluded the parking spaces concerned from the common areas and facilities of the condominium. In the instant case, there has been no exclusion of land from the common areas.

By reason of the unambiguous exclusion in G. L. c. 183A, Sect. 14, of common areas from taxation except to condominium unit owners in proportion to their percentage interests, the expansion parcels are not subject, as separate parcels, to real estate taxation. The decision of the Appellate Tax Board is affirmed.

So ordered .

[1] The second case, First Main St. Corp . v. Assessors of Acton , is reported post (2000).

[2] Before the developer made it the site of a condominium, Spinnaker Island was known as Hog Island, a less tony address. The developer made a sail out of a hog’s ear.

[3] Compare G. L. c. 58A, Sect. 7 (formal procedure), with G. L. c. 58A, Sect. 7A (authorizing informal procedure).

[4] The declarants of the condominium were Paul R. Townsend, Francine F. Townsend, Mary N. Fazio, trustees of The Sandcastle Associates Trust.

[5] For a collection of authorities concerning the legitimacy of phased condominiums, a "mutation[] which creative real estate lawyers have contrived," Barclay v. DeVeau , 11 Mass. App. Ct. 236, 247 (Greaney, J., dissenting), S . C ., 384 Mass. 676 (1981), see DiBiase Corp. v. Jacobowitz , 43 Mass. App. Ct. 361, 364 n.5 (1997), S . C ., 427 Mass. 1004 (1998).

[6] Through a series of assignments, the development rights had devolved upon Spinnaker Island, Inc.

[7] The Appellate Tax Board remarked in its decision that the assessors had "failed to prove the existence, let alone the terms, of the phasing lease." No phasing lease was offered in evidence.

[8] For a different basis for taxing retained development rights to build future phases of a condominium, see First Main St. Corp . v. Assessors of Acton , post at .

[9] The document conveyed other interests such as easements and building foundations, for which the quitclaim deed form may have been apt.

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Yachting World

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54-knot winds severely deplete 2024 Round the Island Race fleet

• Helen Fretter
• June 15, 2024

Extreme conditions severely depleted the fleet of the 2024 Round the Island Race, with hundreds of boats opting not to compete or retiring in 50-knot winds

Competitors in today’s 2024 Round the Island Race , an annual 50-mile circumnavigation of the Isle of Wight, faced one of the most severe conditions in years with gusts of over 50 knots recorded at The Needles, the westernmost point of the course.

The Round the Island Race traditionally attracts one of the largest fleets of any yacht race, and this year saw 939 boats originally entered.

However, today’s extreme conditions have severely depleted both the number of starters and finishers, and just 153 yachts completed the race with 418 retiring.

First to complete the course was Irvine Laidlaw’s Gunboat 80 Highland Fling , which posted an impressive elapsed time of 3h 39m 5s.

The Gunboat 80 Highland Fling was first multihull in the 2024 Round the Island Race Photo: Paul Wyeth/RTIR

Owner Irvine Laidlaw said: “It was the first event for us in 2024 and we’ve travelled over 3,000 miles from Palma to be here but it’s worth it! I thoroughly enjoyed the race – I like the fact we go around an island with the start and finish in the same place, it’s rather satisfying.”

Boat captain Xavier Mecoy added: “[The] Boat is only a year old and it’s the first time we’ve sailed her in a big breeze, we’ve never had 2 reefs in the main before, so that was pretty exciting and we spent quite a bit of time sailing bare-headed as it was safer. 

“We were charging around the course doing 30 knots of boat speed at times.”

First monohull around was the Cowes based TP52 Notorious , owned by Peter Morton, who finished more than 40 minutes ahead of the nearest monohull yacht in 4h 21m 20s.

Notorious also finished 1st overall in IRC on correcrted time, winning the coveted Gold Roman Bowl.

Peter Morton, owner and skipper of Notorious, said: “I’ve not had the boat that long but I’ve competed in Round the Island Race many times over the last 50 years in various boats I’ve owned.

“It’s one of the most famous yacht races in the World and we went out to try and win. It’s 40 years ago since I won it on a little 25ft boat called Odd Job , so today was very special for me.”

Peter Morton’s TP52 Notorious took monohull line honours and 1st overall under IRC in the severe conditions of the 2024 Round the Island Race Photo: Paul Wyeth/RTIR

54 knots at the Needles

Despite a deceptively sunny start as the first fleets set off from the Royal Yacht Squadron at 0600, conditions quickly deteriorated to become even more extreme than many forecasts had suggested. The Needles Battery wind station (above the famous rock formation) recorded gusts of 54 knots from 0700 and a steady wind of 39-45 knots from the south-west. Competitors reported 35-40 knots going through Hurst Narrows.

This led to a severe sea state on the south of the island which saw many boats which had started choosing to turn back before the Needles. Fewer than 100 boats in the IRC and ISCRS fleets (the majority of monohulls) were recorded as rounding the Needles. 

Many of those retiring have reported sail damage, particularly torn mainsails. There was a collision off Yarmouth, and at least one man overboard incident, which was recovered swiftly. However, organisers report that there were just nine other incidents – fewer than in previous years. Local RNLI and Independent Lifeboat crews were on the water across the Solent and on the south of the island supporting the fleet throughout the day.

David Rolfe, skipper of the Sigma 33 Shadowfax was one boat whose race ended by the Needles. Shadowfax  was welcoming her new part owners aboard for their very first race on the boat.

“We started with a reef and our Number 2 [jib],” explained Rolfe. “It was, I would say deceptively – not calm, but quieter than forecast. When we came off the line, and if anything, it then dropped a little bit. As we headed down the Solent we even had a little bit of a talk about how we might set the spinnaker lines for when we’re on the south side of the island.

“Then a weather band that came in, a whole load of rain squalls, and that just changed mode completely. Suddenly we were in full on, probably 30-odd knots, gusting high 30s. It was a bit on and off through those squalls, some heavy rain, maybe even a little bit of hail in amongst it.

“The sea state was a bit rough, but not crazy. And then as we got towards Hurst, it went up another level. We could see it coming down the track towards us, and a few boats were really on their ear. One boat was definitely 45 degrees or more over, out of control, just pushed on its side by the wind. So we were battened down and gearing up for that.

“Then we got pushed right on our ear. We’d trimmed the main out. We’re trying to control it, but we were right on our side and going slowly, and almost sideways! I don’t know the wind strength, probably gusting into the 40s. And the sea was getting bigger and rougher with wind over tide really driving it pretty hard. So we decided we needed to go for a second reef, put that in. And after putting that in [we] tacked off to go into the full [tidal] stream through Hurst.

“That’s when we saw, unfortunately, we’d ripped our main, probably as we were reefing it. That was the end of the race for us. We bore away and hurtled back, surfing down these waves on our way back to Cowes.”

The Needles recorded winds of 54 knots as the 2024 Round the Island Race fleet passed the landmark. Photo: Paul Wyeth/RTIR

2024 Round the Island fleets cancelled

The race typically attracts a large cohort of family and amateur crews, for many of whom this is the only race they may compete in all year. A building forecast over the preceding week had led many competitors to withdraw ahead of the race. 

The day before, organisers had also announced that eight classes would not start . Racing was cancelled for the Classic Racing Yacht (ISCRS), Diam 2 class, Gaffers under 23ft, J/70s, both divisions of Bridgedeck Multihulls, the smaller Grand Prix and MOCRA Multihulls, and the Sportsboat division.

Race safety officer Mark Southwell said on Friday 14 June, when making the announcement: “We will only cancel fleets where there is a significant chance that the majority of the fleet could get into difficulties and risk injury to the crew, a situation that could quickly overwhelm the support services. 

“For other fleets, with a wide range of crew experience and boat types, it is each skipper’s sole responsibility to evaluate the capability of their crew and the suitability of their boat to handle the expected conditions (including wind and sea state) and make the decision as to whether their boat should take part.”

Race Director, Dave Atkinson said in a statement from the organisers after the race: “This race was a challenge for both the competitors and the Race Team at the Island Sailing Club, with the safety and well-being of the crews being the main priority.”

“We would like to thank the RNLI, independent lifeboats and coastguard teams for their assistance and co-operation before and during the race on Saturday. Despite the challenging conditions we only had nine incidents connected to the race which is less than previous years, this shows the seamanship of the crews and the correct decision making that went into undertaking of the race.”

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The best yacht clubs in moscow and premium new buildings next to them.

The moorings within the Moscow Ring Road allow regular sailing even for those who, due to high employment, cannot often travel out of town

Passenger river transportation is being actively revived in Moscow. Already in June, for the first time in 17 years, the authorities promise to launch river buses. Maybe that's why the idea of ​​owning a yacht is increasingly coming up among wealthy Muscovites, and there are more and more yachtsmen who would like to live close to the place of attraction of like-minded people. Next to the yacht clubs there are 21 projects in the primary market of Moscow. More than half of these projects are premium. The experts of the Elitnoye.ru portal, using the data of the Metrium company, decided to talk about the leading metropolitan centers of yachting and tourism, as well as about the premium-class complexes adjacent to them.

Dream Island Marina on the Nagatinsky Peninsula

Dream Island Marina is located on the Nagatinsky Peninsula, in the harbor of the Northern Landscape Park of the Dream Island entertainment center. This is the only modern yacht club (opened in 2021) in the central part of the capital's water area. Moreover, its port stands at the source of a large-scale deep-sea system of the European part of Russia, which unites the whole country. The club has two berths with a capacity of up to 40 seats. The water area is designed for boats and yachts of any size. There is a school of navigators, which teaches how to operate a small vessel. You can rent catamarans, boats and yachts. A restaurant with a grill area is open. Nearby is Dream Island Wake Park, where you can go water skiing and wake surfing.

The closest new building to Dream Island Marina is the Dream Towers residential complex (pictured). Apartments in the project cost 484.2 thousand rubles on average per sq. m. meter. The houses are planned to be put into operation in the next month.

Moscow Imperial River Yacht Club on Balchug Island

The Moscow Imperial River Yacht Club is located in the center, next to the monument to Peter the Great on Balchug Island. The founders of the yacht club restored an old building on the banks of the Moscow River. Today it hosts social events. The development of the club mainly depends on the implementation of the new quarter “Red October”, adjacent to the water. The developer of the project – Guta Development – is going to restore the berths for ships and river taxis.

Not far from the yacht club, sales are carried out in four projects: Residences Zamoskvorechye, Sky House, Golutvinsky, 10 and Vernissage. In “Residences Zamoskvorechye” “square” will cost an average of 517.1 thousand rubles, in Sky House – 401.5 thousand rubles. Both complexes have already been put into operation. In “Golutvinsky, 10” the average price per square meter. meters is 1.3 million rubles. Keys have to wait until the end of the year. In Vernissage, a “square” costs 634.2 thousand rubles. The house will be completed in the second quarter of 2024.

Berth of the Moscow City business center

The pier is located on the territory of the Moscow City business center, which and gave it a name. Charter and pleasure flights depart from the Moscow-City pier. Here you can rent cruise and pleasure yachts even for a few days.

The Oko and Neva Towers skyscrapers are being built in the business center itself. Both are ready. In the first quarter a meter will cost an average of 679.3 thousand rubles, in the second – 660.3 thousand. Also, the Onest quarter is being built nearby, where prices are higher: an average of 724.9 rubles. However, delivery is scheduled only for the second quarter of 2025.

Estate Park on Serebryany Bor Island

Manor Park is the largest yacht club on Serebryany Bor Island. The yacht port has a berth designed for 36 vessels up to 15 meters long. Rowing boat rental, boating and jet skiing, on the “banana” are available. The pier is combined with the Manor restaurant.

The nearest complexes are Capital Coast and Wellton Spa Residence. In the already finished project “Coast of the Capital” sq. meter is estimated by the developer at an average of 767.6 thousand rubles. In Wellton Spa Residence, the average “square” costs 481 thousand rubles. The project is going to go live in about a month.

Radisson Royal Moscow flotilla near Ukraine Hotel

The Radisson Royal Moscow flotilla is a transport company, and its largest berth is located on the embankment near the Ukraine Hotel. River trams, yachts and motor ships constantly start from here. You can rent the ships of the flotilla, but you won’t be able to rent a place for your own yacht on this pier.

Less than a kilometer from the base of the Radisson Royal Moscow flotilla, the Badaevsky complex is being built. You can buy an apartment here for an average of 1 million rubles per sq. meter. The project will be commissioned at the end of 2025.

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