Noise pollution is a nuisance as described by Wikipedia:

Under the common law, persons in possession of real property (land owners, lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesn’t include visitors or those who aren’t considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.

Legally, the term nuisance is traditionally used in three ways:

1. to describe an activity or condition that is harmful or annoying to others (e.g., indecent conduct, a rubbish heap or a smoking chimney)
2. to describe the harm caused by the before-mentioned activity or condition (e.g., loud noises or objectionable odors)
3. to describe a legal liability that arises from the combination of the two.^[2] However, the “interference” was not the result of a neighbor stealing land or trespassing on the land. Instead, it arose from activities taking place on another person’s land that affected the enjoyment of that land.^[3]

As a Jamaica Plain business owner I am always a bit cautious to vocalize my opinions on issues pertaining to the neighborhood. I am a very opinionated person so this isn’t the most cathartic scenario imaginable. I have lived in Jamaica Plain for well over 15 years, originally on Sheridan Street and now I own a two-family in the Brewery District which has been beset by the booming bass of powerful car stereos.

I suppose we all have our pet peeves – and living in the city requires compromise. It’s a trade off. In exchange for culture, excitement, varied culinary adventures, etc. you have to put up with queues, traffic, noise, less space and of course personalities. Sometimes the social contract gets tested and the balance gets upset. Conflict arises. Government must step in. Laws are made. Riddle me this though, here in Boston, the ordinances that control noise pollution are completely ignored.  No enforcement whatsoever.

Is this really necessary?

Traffic noise is just a fact of life when you live in the city. However, as the global population rises and population density becomes such that we are living in closer proximity to each other  - we will have to build a consensus as to what is socially acceptable.  I’ve been pretty annoyed by this behavior for a long time but until I did a bit of research for this post I wasn’t aware it was an international issue.  It appears to be an issue from Gainsville to Glasgow. Communities are taking action to stop the noise. The solutions vary but I think we can learn a lot from their experience. It seems that just fining the perpetrators is not sufficient. It doesn’t seem to dissuade the behavior. Some communities have employed more drastic measures that seem to be more effective ranging from counting the infraction as a moving violation and adding points to your license all the way to impounding the offending vehicle, a fine and storage fees.

In Gainsville, FL  ”currently, state law declares it a non-moving violation, punishable by a $30 fine plus court costs and fees if a vehicle’s stereo system is “plainly audible at a distance of 25 feet or more.”

Senate Bill 886 and House Bill 643 would further lower the boom on booming stereo violations. Under the versions of the bills originally filed, fines would increase: $60 for a first violation, $120 for the second in a period of 12 months and $180 for the third violation in a 12-month span. Each infraction would be considered a moving violation with points assessed on a driver’s license.

On Wednesday, the Senate Transportation Committee unanimously approved an amended version that would keep the first infraction a non-moving violation, as it currently is under state law, with a $30 fine and no points assessed on a driver’s license. For subsequent violations, the remainder of the bill stayed intact.” (from Gainsville.com  March 10th, 2011)

Check out this video about the laws in Sarasota, FL:

According to a 1999 U.S. Census report, Americans named noise as the number one problem in neighborhoods.

Of 102.8 million reporting households, 11.6 million (11.3%) stated that street or traffic noise was bothersome, and 4.5 million (4.4%) said it was so bad that they wanted to move. A U.S. Department of Justice report about the boom car problem recognizes the threat that they can “compel people to move out of neighborhoods they otherwise like and thereby depress property values.”

According to noiseoff.org, an organization devoted to fighting noise pollution of all types, “People who drive boom cars consider it their right to play music at any volume they please. They regard their car as an expression of themselves and the louder it is, the bolder the statement that they can make. Boomers are typically lower-middle class males in their teens and twenties with some disposable income. They assume that their car will attract women and improve their social standing among their peers.” Some studies indicate that the driving bass, which creates the “boom” that is so annoying to most people, might raise adrenalin levels and make these young drivers prone to violence.

The National Highway Traffic Safety Administration (NHTSA) estimates that 25 percent of vehicle accidents are caused by driver distraction. Drivers experience reduced reaction times when listening to loud music and adjusting the controls on their car stereo equipment. Another problem is that the pounding bass noise decreases drivers’ ability to hear pedestrians and other vehicles. That also includes emergency vehicles, such as police cars, ambulances and firetrucks.

The car audio industry seems to be celebrating and promoting this mentality through their marketing campaigns:

I’ve been joking a bit about making violators listen to Barry Manilow but that’s exactly what this judge is doing:

Mayor Menino has a “broken glass” policy. The theory is that neighbors should sweep up broken glass (presumably from vehicle larceny) as well as trash around their homes – giving the impression that the area is cared for and making it less likely that thieves and vandals will frequent the area. I believe the authorities should treat the Boom Cars with the same logic. If you send the message to these people that there is a grey area in the law it allows them to determine where that grey area begins and ends.  If the community complains enough and the police enforce the law it will be better for the whole neighborhood. In researching the issue as it has played out throughout the country I came across an article in which a city councilman voted the law down because he felt it singled out young minorities. My thought is that it’s going to single out whomever is playing loud music.

Organized efforts are making an impact. Noiseoff.org offers some suggestions on how to get action:
* Do not approach or attempt to reason with drivers boom cars. When possible, take down their license plate number and call the police.

* Talk to your neighbors and organize, chances are they are just as frustrated as you are. Most communities have some type of noise ordinance in place and you should know what they are and if they require strengthening. Lobby the city council or the community board in your area to increase police patrols and fines for offenders. I have already spoken to Matt O’Malley on the subject. Basically, nothing is going to happen unless you write city officials and complain. Send your complaints of noise pollution to the mayor’s office and to your councilman. Take 5 minutes and do something for your community.

* If you see a car audio shop opening up in your community, organize with your neighbors and stage a protest. Make picket signs and send a media alert to local newspaper and television news outlets so they can cover the event. (Oops, too late. Boston Electronics opened up despite not having a license to do so and despite opposition from the JPNC. Thanks BRA Board of Appeals. I live directly across from Boston Electronics. Their list of city ordinances and zoning codes are as long as my arm.)

* Make a point: file a civil suit against the offender. Noiseoff.org even offers a package in the form of a PDF file teaching you how to do it and sign the petition at Ban Boom Cars.

I’m really frustrated by the fact that a relatively small group of people are violating the rights of their neighbors. What is the difference between these booming stereos and public smoking for instance? I’ll tell you – when someone drives or walks by smoking I’m not effected by it. I’m not rattled out of bed nor do I have to rewind my movie so I can hear what was just said.

Now that it’s summer forgetaboutit. The need to have the windows open means I get to listen to the noise from boom cars at a level that is completely unacceptable. I’d really like to hear community comments about noise pollution as well as alternate viewpoints feel free to comment.

Bussey Woods Murders c.1865

With the proliferation of weapons in crowded American neighborhoods in our time, murders-even of innocent children-seem part of news reports all too often. Has our area ever seen anything so gruesome in the past? Since this column is a mirror of things past, violent crimes must be included in its impartial light.

Even without combing police reports, one double murder in Jamaica Plain during its seemingly bucolic days stands out chillingly. In the words of the 1865-66 West Roxbury Town Report, “The murders in the town in the month of June, which so shocked the community, have given us an unenviable notoriety.” The killings took place in what is now the Arboretum.

For those who despair about current news reports, the words of a local resident speaking in 1878 of the murders set a continuity, “Of the many dark deeds of blood which have disgraced this age few have been fraught with more harrowing details than the one enacted right here.”

Isabella and John Joyce were the children of a Lynn dressmaker recently widowed. On Monday, June 12, 1865, they left their aunt’s home in the South End with a picnic basket and carfare for a day in the famed Jamaica Plain countryside.

They called on their grandmother at Newland and West Concord Streets and, at 11 a.m., left her house (still standing in the South End) never to be seen again alive. Their announced destination was May’s Woods along the present Arborway. Night came, and the unescorted picnickers (an action not then considered dangerous) did not return. A vigorous search was immediately made but was fruitless due to all the June greenery. It was not until the next Sunday that the children were found accidentally by some hikers in the Bussey Woods.

A view of Bussey Brook in the Arnold Arboretum, taken in 1949 by Professor Karl Sax, who was the Arboretum’s Director at the time. Photograph from the Archives of the Arnold Arboretum. Used with permission from the website of the Institute for Cultural Landscape Studies of the Arnold Arboretum
©The President and Fellows of Harvard College.

The Bussey Woods were part of an old 400-acre farm on both sides of Bussey Street, given by Benjamin Bussey to Harvard College for the horticultural institute. After several gyrations, 120 acres of the farm and woods would become the Arnold Arboretum with the Bussey Institute (now the State Lab) on one side. Somehow the children had arrived at the far end of the South Street side of the present Arboretum and had sought higher ground for a good view and their picnic. But this was before the grounds were planted and groomed by the Arboretum after 1882.

Isabella, age 15, was found in the hollow of a rock atop a hill. She had been stabbed 28 times, and (by contemporary account) “the murderer attempted a deed upon the body of the little girl” despite her efforts to fend him of. Her brother, age 8, was found later a quarter mile away by Bussey Brook in a condition that sickened Civil War veterans who viewed the body. It was surmised that just before noon he had left his sister, fallen, and finally been attacked by his sister’s murderer.

The children were brought back to Lynn for burial. Much sorrow and many efforts to find the criminal were generated by the shocking event-just two months after the assassination of President Lincoln. Rewards were offered by all authorities. Seven suspects were interrogated but released. The many visitors to the girl’s murder site raised a memorial cairn. In the process, any further clues were obliterated, with forensics still in its infancy. For the protection of all, a police beat was established in the Bussey Woods.

In March 1866 the Boston Weekly Voice reported a possible break in the case. A man of violent disposition had been arrested in August 1865 for burglary. While being held for trial in Fitchburg, he plotted to murder his guard and to escape with others. Known as Scratch Gravel, he stated that any man who had done “the Roxbury job” would not hesitate to kill again. His bravado about the children’s murder revolted another prisoner, who foiled the escape by telling authorities about Gravel’s entire conversation.

Upon his removal to State Prison for the burglary conviction, officials there attempted to get Gravel to speak directly-but in vain. He was transferred to a light work detail in hopes that he might talk with a trusted prisoner-again in vain. Finally a detective of supposed Southern sympathy was placed in Gravel’s cell in February 1866. Gravel liked his cellmate, and soon they were hatching a plan for escape. Gravel referred to “the Roxbury children” but never confessed to their murders.

The oddly named prisoner turned out to be an adopted lad, born in Boston, who went to sea at age 15. He had entered the Confederate Army after being pardoned from the South Carolina State Prison. Then he joined the Union Naval Forces, deserting one ship after another. A man like him was seen at Taft’s hotel in Roslindale less than a mile from Bussey Woods. The knife taken from him at Fitchburg could have wounded the Joyce children.

An aerial view of Bussey Woods in early days of the Arnold Arboretum.Used with permission from the American Environmental Photographs Collection, [AEP Image Number, e.g., AEP-MIN73], Department of Special Collections, University of Chicago Library.

Yet, the Boston police were not convinced by the prison warden’s reports that Gravel was their man. All his information could have come entirely from newspaper reports. If no stronger evidence came forth, Scratch Gravel (alias Charles Aaron Dodge) would be proved more of a braggart fool who embellished the basic information in the newspapers for his own reasons. Thus rested the matter of Jamaica Plain ‘s most heinous and unsolved murder until it took another bizarre turn.

The details of our area’s “terrible atrocity and barbarity,” fueled “a feeling of unprecedented horror” in the words of a book about the murders, published in Boston in 1878, some 13 years after the barbarity. “In a section as civilized, a community so guarded, a population so abundant, in the marginal outline of a great city” how could it have ever happen, asked the book.

The book’s author was Henry Johnson Brent (1811-80), who had founded and edited the New York City magazine, Knickerbocker, widely enjoyed from 1833 through the Civil War. In June 1865 he happened to be staying with friends within a few hundred yards of the murders. He wrote his book “Was It A Ghost” to focus attention again on the twin murders that had gone unsolved for more than a decade despite a vigilant police chief.

Brent himself had immediately become a suspect in the case because a boy told police that he had often seen a man of Brent’s description in the Bussey Woods with a knife and gun. Fortunately, Brent was also an artist, whose palette knife and gun practice was known in the neighborhood. He was also acquainted with the police force. For lack of any solid evidence, yet another suspect in the murders was free to go.

By the end of June 1865 the search for the murderer had worn itself out. A week or so later, in a bizarre personal twist, Brent saw a male apparition on the far side of his host’s property between Bussey and Motley Woods. This meeting, described in his book’s Chapter 10, will appear in the next column. Brent truly felt that the event was something beyond his ability to reconcile by the usual rules of explanation and that it deserved publication.

He had gone down to meet his host returning from Boston via Forest Hills, only to learn later that he had returned home via Centre Street at 10 p.m. Brent revisited the site of the apparition at 9 p.m., within half an hour of the event, but nothing more was seen nor found. Initially the apparition was definitely connected by Brent with his host, but during this second visit, which included a walk to the rock where Isabella Joyce had been murdered, Brent suddenly connected it with the murders.

He went with his story to a perplexed police chief, who urged him to publish it. The chief’s reaction was whether Brent recognized the male ghost. Was it a witness to the murders of the children’s recently deceased father?

Over time, Brent felt that he did know the face, as he was familiar with the police evidence. He never named a suspect but published his book.

He brought his book out so much later after the case had grown cold once he knew what clues the police had and after much thought. He hoped to stir up a renewed investigation and to goad the murderer, if still alive, into remorse and confession. The ghost story is the centerpiece of his book-rightly so, given the title. Yet “this book would never have been written if that misty figure had not confronted me on that night.”

Many Jamaica Plain residents must have had theories about the murders. Brent, believing the murderer still alive, did not state his complete details. The change from May’s Woods (as announced by the children) to the more secluded Bussey Woods prompted a suspicion that the children were accompanied by someone they knew. The streetcar fare was found near the girl; someone had paid their fare. There was little screaming, as men were mowing in the area and heard nothing.

In his latest chapter Brent notes the results of séances-so popular at the time-reported in the spiritualistic press. He notes a letter said to have been written by the murdered girl and another by her father. A communication from the boy also circulated. Though unacquainted with spiritualism, Brent felt in a sense of fair play that he had to include them with his ghostly account. He felt very bad that he had not been in the Bussey Woods at noontime of June 12, 1865, doing some target practice or painting.

Brent names his host only as Dan. Lot maps of the period show only two properties surrounded by the Motley-Bussey tracts: the Skinners and the Weatherbees by Centre and Walter Streets. Dan must have been a son in one of these families, which owned “a house that looked out on Centre Street with the rear giving view of a meadow watered by a tiny rivulet and on up to the Bussey Woods.”

Our author ends wondering about the ghost, “So strange an occurrence does not happen without an intention. What that intention was, I for one, if only one, shall patiently wait to see.” Two years later Henry J. Brent died in New York City with the murders yet unsolved. The writer in the Boston Sunday Times in November 1878 was incorrect in his reading of the book in his statement that Brent felt the children were murdered by something supernatural.

This brutal event, like so many others, has passed into legend. In April 1936 Boston Herald artist Jack Frost ran a sketch of 644 South Street in Roslindale. In his explanatory paragraph in his “Fancy This” column he states that a boarder at the house murdered two children in the nearby woods, then barricaded himself in his room and killed himself in remorse. So goes the last twist in Jamaica Plain’s most heinous crime.

Sources: H.J. Brent, “Was it a ghost;” Appleton’s Encyclopedia of National Biography; “Boston Herald,” April 2, 1936; “Boston Sunday Times,” Nov. 24, 1878, Boston Weekly Voice, March 15, 1856; Boston Sun Times, November 24, 1878; West Roxbury Town Report 1865-66, pg. 14.

By Walter H. Marx. Reprinted with permission from the November 5 and November 19, 1993 Jamaica Plain Gazette. Copyright © Gazette Publications, Inc.

Arboretum Ghost Story

The following event took place on a moonlit night at 8:30 p.m. some three weeks after the brutal murders of the Joyce children on June 12, 1865, in the Bussey Woods (now part of the Arnold Arboretum). It is described by JP visitor, H.J. Brent, in a book he wrote in 1878 entitled “Was It a Ghost?” in chapter 10, here abridged for the reader.

Upon a still and clear night I went out of the cottage, and, taking two dogs with me, strolled down through the stable yard and past the garden, until I came to the brow of the hill that formed the apex of my friend’s grasslands. The brow of the hill was flat all about me and at the base ran off into a meadow, the opposite side of which was overlooked by the Bussey Woods.

From where I stood, several pines rose out of the even surface of the forest, marking (as with an uplifted hand spread out) the place where the girl’s murder had been done. On my left was Motley’s Woods, drawing up with its intense shadows close to the dividing wall. From the wall to where I stood all was clear and distinct, save where the shadows fell over the ground.

The wall and the wood on my left ran down to that corner at Bussey Creek, which was only a short distance (about 50 feet) from the spot where the boy had fallen. Some 250 yards away and close to the corner just mentioned was a clump of trees, and then straight before me without an intervening object, the dark wood gloomed over the rock of the girl’s death. My purpose was simply to take the cooling air from the winnowing trees.

It was the habit of my host, who did business in Boston, of leaving the train at Forest Hills Station at 9 o ‘clock as a general thing and keeping to South Street until he got to the bottom of the hill near to where the brook crosses the road. He would then enter the lowlands at the outskirts of Bussey Woods and thence follow the path and up the hillside covered by Motley’s Woods, keeping close to the wall until he reached the point of the wall near which I was standing, pass over it and be home.

Knowing that my host was irregular as to his hours of return home at night, I was not surprised when I saw a figure lean over the wall for an instant within about 20 feet of me, pause a moment, and then cross over to the side on which I was. Seeing that he stopped, I spoke aloud these words, “Hello, Dan, is that you?”

Though I could discover the figure and recognize its movements, there was too great a shade thrown over the wall to enable me to distinguish a face so familiar to me. To my appeal there was no reply, and then in an instant the impression came upon me that if it really was my friend, he was testing my nerves. Up to this moment I never had a thought apart from him.

While I stood perfectly motionless, waiting for some recognition of my appeal, the figure advanced slowly in a direct line from the wall, leaving the shadow, and stopped before me and not 20 feet away from me. I saw at once that it was somebody I had never seen before. When in the light without even a weed to obstruct my vision, as soon as he stopped, I called, “Speak or I will fire!”

It was at this period that I observed especially the behavior of the dogs. Up to this time they had been quiet, lying on the grass, but now they both got up, and I felt on each side of me the pressure of their bodies. They were evidently frightened, and I saw that they were looking with every symptom of terror at the figure that stood so near us without a motion.

The figure never once turned its head directly toward me but seemed to fix its look eastward over where the pine-trees broke the clear horizon on the murder-hill. This inert pose was preserved but for a moment, for as quick as the flash of gunpowder it wheeled as upon a pivot and, making one movement as of a man commencing to step out toward the wall, was gone!

To my vision it never crossed the space between where it had stood and the outline of the shade thrown by the trees upon the ground. One step after turning was all I saw, and then it vanished. What I saw I relate exactly as it happened. Can I describe this figure you will ask?

It looked like painted air. There was no elaborate appearance, indeed I could not make out the fashion of the garment. I was more occupied in the effort to recognize a human being in the figure that was before me. He looked dark grey from head to foot. Body he had, legs, arms, and a head, but the face I could not distinctly see, as he turned it from me.

***

This story about murders and ghosts on and around the Bussey estate is the most interesting thing I’ve read about Jamaica Plain/Roslindale so far!

Reblogged from The Gazette:

Harvest Co-op plans new JP store

By John Ruch April 29, 2011

FOREST HILLS—Harvest Co-op Markets is planning a new grocery store as part of a retail/office development on Washington Street south of the Forest Hills T Station.

The new market would be 9,000 square feet and could open in late 2012, Harvest General Manager Mike St. Clair told the Gazette. The existing Harvest at 57 South St. would remain open, though its offerings might change, St. Clair said. Harvest, a member-owned co-op based in Cambridge, recently announced the new store on its web site. Also announced is a new Harvest Co-op for the Fenway as part of the Yawkey Station redevelopment.

The new JP store “will offer a full variety of fresh and organic produce, meat, seafood, deli, grocery and health/wellness products,” St. Clair said in an e-mail to the Gazette.

“We have been looking to grow in Jamaica Plain for years to better serve our members and customers with a bigger store, larger product offering and dedicated parking,” said St. Clair, when asked whether the expansion has anything to do with Whole Foods Market coming to JP.

The South Street store is in a good location, but “it is quite small and a challenge to offer a complete grocery shopping experience,” he said. That shop is in a storefront attached to a house with no parking lot.

“We hope to be in this location for a long time,” St. Clair said of the existing JP store. “Our plans are to refine the product variety to best suit the needs of the neighbors in such a challenging facility.”

Last year, Harvest attempted to open a Milton store as part of a development including a CVS Pharmacy. The town meeting rejected that plan due to noise, traffic and property-value concerns, as the Quincy Patriot Ledger reported at the time.

While St. Clair would not name the development team for the new JP store, he confirmed that it is planned for a vacant MBTA parcel on Washington Street at Ukraine Way. Jamaica Plain-based WCI Corp. has a longstanding plan to build a retail/office building there featuring a grocery store.

WCI spokesperson Brian McGinley declined to comment on Harvest’s new store announcement and not confirm or deny its involvement in the WCI plan. He referred questions to Harvest.

The announcement at www.harvest.coop says that the grocer has signed letters of intent with developers on the JP and Fenway projects, and that “neither [project] is certain” to happen.

“The developers selected Harvest because of our excellent reputation in the Metro Boston area for our high-quality and healthy foods, our many years of community involvement and our commitment to environmental stewardship,” the announcement said.

A city-led community planning process for several vacant MBTA parcels around the Forest Hills T Station, which last years and wrapped up in 2009, pegged a grocery store as a top local desire, as the Gazette previously reported.

WCI Corp. won development rights to two of the MBTA lots flanking Washington Street at Ukraine Way.

Its plans for the western parcel, known as “Arboretum Place,” included a 32,000-square-foot building, including a grocery store, with a plaza in front. The plan for the eastern parcel, on the T station side of Washington, involved a 12,000-square-foot office building with ground-floor retail.

The plan includes about 50 on-site parking spaces on the two parcels, as well as on-street parking. Nearly half of the parcels’ area would remain open space.

In community meetings last year, the WCI plan was favorably received, but traffic was a local concern.

“There’s a lot of stuff up in the air,” McGinley said when asked about the status of WCI’s redevelopment of the parcels.

WCI is a developer and contractor whose work includes various residential and commercial buildings around JP, including the company’s headquarters at 500 Amory St.

***

I for one am all for Harvest and pretty much any of the improvements outlined for Forest Hills.

The Haven Burger had me at, “Hello.”

The dictionary describes haven as  –noun 1. a harbor or port. 2. any place of shelter and safety; refuge; asylum. I have been into Jason Waddleton’s restaurant at 2 Perkins Street in Jamaica Plain at least a dozens times now. I am a happy camper. The food is very good, and the value is fair. His Haven Burger is Heaven. It is to die for. Literally, I would gladly welcome death now that I have experienced the mouth-watering delight that is the Haven Burger.

What kind of a friend won’t share his Haven Burger?

I was recently at The Haven with my friend Riaz for an after-work beer and had the chicken salad sandwich and chips. It was very good, but I had to go through the agonizing pain of watching Riaz (in his very upright, gentlemanly sort of way) finish off a Haven Burger. I could smell the sweet aroma of the  onion marmalade and the warm Huntsman cheese. What good is it to be healthy if you are beset with the purgative agony of watching your good friend demolish a Haven Burger? And while I’m thinking about it, what kind of friend would do that to you? I guess I should have been happy for him, right? I should have shared his sumptuous feast vicariously? Bullocks.

The Haven is an all-around good choice especially if you like deer antlers and skirts on men.

In all seriousness, I have given The Haven a good go and I say Blue Ribbon all the way. From The Full Scotch breakfast to deep fried Mars bar late night – you can’t go wrong. Jason has a great selection of beers as well.

I’m a big fan of the rough sawn wood and the darkish, antler adorned, not over stuffed space. It feels sort of homey at The Haven – I’m not sure about Kilt Night though…for more “Best Of” picks check out BJ Ray’s blog for his opinions on The Haven and other Jamaica Plain favs.

Well, the original Boston Home Team didn’t fare so well last night. I’ve never been to a ball game where we got whupped so bad. I do love snosages (that’s what I call them) and pretzels though…

Eat Jamaica Plain

Shopping for local food in Jamaica Plain needs to be your priority.

I don’t know about you, but I’m ready to beat my head against the wall over this Whole Foods vs. local food community upheaval. The answer seems so obvious but many seem to be more interested in the sound of their own voice than a viable solution. “Can you hear the words coming out of my mouth?” Ever since T.S.H.T.F. and the community caught wind of the approach of the Deathstar Whole Foods I’ve been vexed by the complete lack of creative thought and logical reasoning being employed to understand and solve this issue. There is no local food tractor beam people.

I’m not even going to get into anything that happened in the past or who should have done what, or who deserves to live in Jamaica Plain, or the definition of gentrification or why you should buy local food. You can read that all over the place. I will assume you know why you should buy local food and move on. The big question in my mind is who says anyone has to shop at Whole Foods at all let alone make it their local food source? No one is forcing you. The best way to vote is with your dollars. For food, for fuel, for change, for everything. That’s what America understands. I’m not saying it’s right but that’s the way it is. As a Jamaica Plain real estate agent I know all too well – buyers set the market. Supply and demand, right? If more of us demand fresh local food, someone will supply it.

Local food is right around the corner.

In a recent article by adamg of Universal Hub I learned there are 20 bodegas in Jamaica Plain. I’m familiar with many and I have been patronizing El Progresso Market on the corner of Boylston and Amory for about 6 years. In addition The Plaza Market at Boylston and Haverford began selling local pork, eggs, butter and milk. Unfortunately, I bet they won’t for long. I’m not sure, but the owner doesn’t seem too enthusiastic about this segment of his business when I visit. We need to not only support these small businesses, but repeatedly tell them what we want from them in order to give them our business. If you don’t like Whole Foods go somewhere else. Seek out the nearest mom & pop and buy some groceries. You know what’s kind of fun? Grab something random of which you have no idea what it is. I like the fruit drinks personally. I had never even seen some of those crazy fruits but they’re yummy.

Not surprisingly, I found the Compra Aqui (buy local food eat local food) website featuring all the small local food shops in Jamaica Plain. One of the major problems I see with the small local food movement success strategy is the lack of self promotion and a sustainable marketing effort. Hopefully this will change and maybe they are getting some help.

Direct from the local food website Compra Aqui:

“Jamaica Plain local business districts have a variety of stores that can provide a range of products to satisfy the diverse needs and wants of local residents, and the more people shop in these local businesses, the better these businesses will be able to respond to the needs of our diverse neighborhood.   
First, we hope to promote the dozens of shops in JP with affordably priced food, most of which are owned by local residents from within the Latino/Caribbean community.  Many of these shops currently sell Latino/Caribbean foods, and certainly would entertain offering other products that previously were only available at Hi-Lo.  
At the same time, we hope to promote the local businesses that offer more options of local and organic food than any other neighborhood in Boston.  These businesses include City Feed & Supply (two locations), Harvest Co-op, Plaza Meat Market, two Farmer’s Markets (six months a year), several CSA drop offs and direct farmer-consumer sales.”

This is a great idea. I’m really excited about the Jamaica Plain Shopping Spree this Saturday, April 16th. Here’s what they are offering:

“Come out and support your neighbors on April 16th during the J.P. Shopping Spree.  Our shops will highlights their specialties, offer sales and specials, cooking demos and tips.  Meet the owners of your neighborhood shops and engage in dialogue about what you’re looking for.  Chances are you will find it, and if not, let the local shops know what they are missing on their shelves.  Find the benefits of shopping locally.
Pick up a J.P. Shopping Spree Passport at any of the participating shops the week of the Shopping Spree.  On the 16th, visit 6 shops, and turn your stamped passport in for a raffle.  Winners will receive gift certificates, specials, discounts and more from our local shops. Take the 48 J.P. Loop to conveniently get to all three shopping districts.”

Now where talking! If you don’t want to support Whole Foods, put your money where your mouth is and support the local little guys! Don’t forget the farmer’s markets too! Check out this video of my fellow former Ozarkian and owner of City Feed, David Warner talking about local food.

This is the HUD national homeownership center reference guide mailing list for real estate industry professionals that are interested in updates to HUD Mortgagee letters, notices and guidebooks, & FHA Housing Industry Training. Please visit our homepage at: http://www.hud.gov/offices/hsg/sfh/hsgsingle.cfm Servicing lenders can visit HUD’s National Servicing Center at: http://www.hud.gov/offices/hsg/sfh/nsc/nschome.cfm This list does not provide HudHome property listings. . All-   Frequently Asked Questions for FHA Clients during a Government Shutdown: The following HUD/FHA Information Resources will be available during a government shutdown: · HUD/FHA Resource Center: (800) 225-5342 · HUD/FHA National Servicing Center: (877) 622-8525 · HUD’s primary internet site:  http://www.hud.gov (but will not be updated) · The Resource Center FAQ site:  http://www.fhaoutreach.gov/FHAFAQ HUD/FHA staff will not be available to respond to case specific questions.

Don't forget to turn the lights off on your way out...

All questions that cannot be answered by contract staff at the Resource Center and the NSC will be deferred until the government re-opens. Please be aware that HUD Staff will not be available to process incoming mail during a government shutdown so business partners should suspend shipment of documents and approval packages during the term of the shutdown.  The following are examples of such documents:  Submission of FHA Test Cases, HRAP condominium approval packages, NAID requests, etc.     1.   Origination: Q: Will the government shutdown affect the processing or closing of FHA-insured loans? A: The shutdown may delay the processing or closing of an FHA-insured loan dependent upon where the loan is in the process.  As noted below, FHA will not endorse closed loans or be able to provide case specific underwriting support.  All FHA underwriting and processing requirements remain in force during the government shutdown and no loan may proceed that cannot fulfill those requirements. Q: Will Lenders have access to FHA Connection? A: Lenders will be able to access FHA Connection, however FHA Connection interfaces to other systems may not be available, or if available these other systems may not be fully supported so FHA Connection processes may not be fully functional. At this time we do not have complete information on the potential impact on some FHA Connection functionality. Below questions and answers reflect our best effort at defining what will be available. Q: Can a lender obtain a new FHA case number? A: Yes. Lenders will be able to obtain a FHA case number from the FHA Connection.  Please note that all FHA underwriting and processing requirements do remain in force on loans originated during the government shutdown regardless of system limitations during the shut down period.. Q: Will Credit Alert Interactive Voice Response System (CAIVRS) be available? A: CAIVRS access may not be available to determine if a borrower has a delinquent federal debt so that verification process may not occur when requesting a case number. Q: Will FHA TOTAL Scorecard be available for lenders? A: Yes. FHA TOTAL Scorecard will be available within systems.  As noted above,  all FHA underwriting and processing requirements do remain in force on loans originated during the government shutdown. Q: Will lenders be able to get password resets for FHA Connection? A: Lenders will be able to continue to utilize the automated password reset options on FHA Connection, but resets that require FHA employee direct assistance will not be available. Q: Will FHA insure any loans during the government shutdown and does this also impact lenders with Lender Insurance (LI) approval? A: No.  FHA loans will not be endorsed during the government shutdown period.  This also includes FHA and Lender Insurance authority as FHA systems will not be enabled to process LI approvals during a government shutdown. Q: Can a lender submit loans for approval if the lender is in test case status? A: No. FHA staff will not be available to underwrite and approve loans. Q: Can lenders submit packages for condo approvals? A: DELRAP approvals can continue to be processed, but HRAPS cannot be processed and should not be submitted for processing during the government shutdown.   2.   Servicing: Q: Will lenders be able to submit FHA Mortgage Insurance Premiums during a government shutdown? A: ·      Upfront Premiums –Lenders will be able to submit UFMIP for approximately 10 days (specific end date will be forthcoming). ·      Monthly Premiums – Yes. Lenders are required to submit monthly MIPs during the shutdown. Q: Can lenders file a claim and convey a property if there is a government shutdown?   A: Yes. Lenders can file a claim and convey a property. The properties will be assigned to an Asset Manager and listed for sale. Claims will be paid. Q: Can lenders submit extension and variance requests through the EVARS System? A: Yes.  Lenders will be able to continue to submit extension or variance requests through EVARS.  However, FHA staff will not be available to process requests on forward mortgages.  Requests will remain in the system until the government reopens.  Please do not submit duplicate requests. Please note that responses to the following email boxes will not be provided until the government re-opens: hsg-lossmit@hud.gov sfdatarequests@hud.gov extension_requests@hud.gov hecmhelp@hud.gov mcmnsc@hud.gov 3.   REO/HUD Home Sales: Q: Will I be able to place a bid on a HUD-owned property via the HUD Home Bid site during the shutdown? A: Yes. FHA contractors will handle the sale of HUD Homes and the bidding site at: http://hudhomestore.com/HudHome/Index.aspx will be available and maintained during the shutdown. Q: Who can I notify about a health or safety issues on a HUD-owned property? A:The staff at the FHA Resource Center can provide contact information for contractors responsible for the maintenance of HUD-owned properties. Q: Will HUD Broker Name Address Identifier (NAIDs) applications be processed? A: No. Name Address Identifier applications will not be processed during the government shutdown. ____________________________________________________________________________________________   For FHA technical support, please contact the FHA Resource Center at: http://www.fhaoutreach.gov/FHAFAQ/ Search our online knowledge base & find answers to our most commonly asked questions. You can also get email technical support at: info@fhaoutreach.com or phone FHA toll-free between 8:00 a.m. & 8:00 p.m. ET (5:00 a.m. to 5:00 p.m. PT) at: (800) CALLFHA or (800) 225-5342. Call FHA TDD at: (877) TDD-2HUD (877) 833-2483).   FHA publications at HudClips: http://www.hud.gov/offices/adm/hudclips/index.cfm Order hardcopies at: http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/dds FHA forms: http://portal.hud.gov/portal/page/portal/HUD/program_offices/administration/hudclips/forms FHA Homeownership Centers: http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/sfh/hoc/hsghocs Events & Training Calendar: http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/sfh/events/events Contracting Opportunities: http://portal.hud.gov/portal/page/portal/HUD/program_offices/cpo Career opportunities: http://www.usajobs.opm.gov/ Grant opportunities: http://portal.hud.gov/portal/page/portal/HUD/program_offices/administration/grants/fundsavail Presidentially Declared Disaster Areas: http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/sfh/nsc/disaster Foreclosure Assistance: http://portal.hud.gov/hudportal/HUD?src=/i_want_to/talk_to_a_housing_counselor Making Home Affordable: http://www.makinghomeaffordable.gov/pages/default.aspx This listserv does not provide HudHome property listings. To see the latest list of all HudHomes nationwide please visit: http://hudhomestore.com/HudHome/Index.aspx This list will often provide training opportunities and event announcements for non-profit and local government HUD partners. HUD does not endorse the organizations sponsoring linked websites, and we do not endorse the views they express or the products/services they or their community/business partners offer. For more information on HUD’s web policies please visit: http://www.hud.gov/assist/webpolicies.cfm

That’s right. We’re packing it in, shuttin’ it down. We’re dropping the hammer. Closing the doors, turning out the lights, we’re throwing in the towel. Calling it a day.

No, we’re not giving up real estate – just some bad habits. Namely, using way too much paper and fuel. There’s a lot of tradition [read obsolescence] in my business. Folks aren’t all that open to electronic signatures yet, but that’s the way of the future. The Boston Home Team is going paperless. Well, not completely all at once, but we’re going that direction. As soon as we can come up with a viable alternative for property information sheets at open houses I think we’ll about have this problem licked. In the meantime, all of our contracts, offers, purchase & sale documents, etc. will be completely paperless. Electronic signatures are better all around. Thanks to the Esign Act of 2000 (I know! Who knew this has been around more than a decade!):

Electronic and digital signatures are just as binding as traditional pen and ink signatures as long as they are executed through a process that clearly establishes intent to sign and ensures all legal elements of proof. Furthermore, electronic signatures obtained through DocuSign are compliant with the federal Electronic Signatures in Global and National Commerce Act of 2000 (ESIGN) and the Uniform Electronic Transactions Act (UETA) which has been adopted in most states. As a result, they are legally binding and backed by a comprehensive audit trail. – Docusign FAQ

Basically, we can now generate any document, mark it up for initials and signatures and send it on it’s way. It ravels from one signer to the next until completely executed at which point it turns into a PDF and Presto! Everyone gets a copy in their inbox. Not even the Devil himself is this efficient when harvesting souls. I’ll bet he doesn’t even provide a copy of the contract.