For 700 Families, an Anchor by the Bay
Residents Strive to Keep Town's Piece of Maryland Waterfront

By Ann Cameron Siegal
Special to The Washington Post
Saturday, April 14, 2007

On a warm afternoon recently, the narrow lanes of Selby on the Bay were teeming with traffic -- foot traffic. Couples strolling hand in hand passed large dogs on leashes, exercising their owners.

Basketball-toting kids headed to the community's private eight-acre waterfront park, where a sandy beach and expansive views of Selby Bay draw folks unwinding from school or work.

Selby on the Bay is a homey community of 700 houses on the Mayo Peninsula in Anne Arundel County, just south of Annapolis and less than an hour from Baltimore or Washington.

Cute 1930s bungalows, immaculate Cape Cods, new modular houses and a sprinkling of deteriorating shacks line the community's sidewalk-free streets. Residents without waterfront property can keep their boats at one of several marinas within walking distance.

And if the original developer had signed the proper papers in 1938, Selby's community association would not still be trying to acquire clear ownership of an often-used bayfront land parcel and clubhouse.

Original lots in Selby on the Bay were sold via "lunch and lecture seminars" at which potential buyers enjoyed a free waterfront picnic while salesmen sang the praises of the community -- including a promised private beach.

In the late 1930s, when the developer changed his mind and decided to build houses on that waterfront land, the battle began.

Because of the implied promise, courts have ruled over the years that Selby residents have free and unobstructed use of the property.

However, because the developer still had not transferred title to the community before he died in the 1960s, the waterfront park has been in limbo. It passed through several hands until the Youth Development Foundation of McLean acquired the clubhouse parcel via a charitable donation in 1996.

Before then, residents basically used the property as they wished, holding community functions there and making repairs to the building as needed.

Ed Robey, a father of two, grew up in Selby on the Bay and recalled when the clubhouse "held a slew of things to keep kids busy." There were Red Cross swimming lessons, craft activities and a snack bar.

However, today the building is deteriorating. "We can't get a contractor to touch it because we don't hold the title, and YDF won't fix it," said Marci Dawson-Moser, a 10-year resident.

Mary Facella, vice president of the foundation, said the YDF doesn't want to put money into the property until legal issues are settled.

Despite its attractive location, the property is of little value to anyone except residents of Selby on the Bay, said Matthew Egeli, attorney for the community association. It's now zoned for open space, meaning no houses can be built there. The community has a perpetual easement on the land, which remains part of the title regardless of who owns it.

The foundation offered to sell the clubhouse parcel to the community association in 2003 but later withdrew the offer. In 2006, however, a judge ordered the foundation to complete the sale. The YDF is appealing that ruling. "We've had plans for the last 10 years to convert that building to dormitories" for campers, Facella said.

She said, however, that this would be YDF's last appeal, and she expects a final ruling in the fall.

Egeli said, "This is taking a long time to resolve, but it will get done."

In the meantime, graduation parties, community gatherings and even weddings will still be held on the beach.

Selby's original houses were built on 80-by-100-foot lots, but new homes were added over the years on smaller lots. Now, many of the original parcels are being subdivided, crowding houses closer together.

Twenty years ago, Billy Gifford lived in Crofton but kept his boat on the South River. "Every weekend, my wife said, 'Let's go creeking,' " he recalled. "She could spot a for-sale sign three creeks away." As she searched for her dream house, Gifford doubted they would be able to afford waterfront property.

But a 1930 cottage with a deep yard in front and a long pier out back changed his mind. "You get a lot of friends when you have waterfront property," he said, laughing.

Hurricane Isabel in 2003 almost drove him away, though. Although Selby Bay is more protected from most storms than the Chesapeake Bay to the east, Gifford awoke to 18 inches of water on his ground floor. "I knew I couldn't do anything then, so I went back to bed," he recalled.

When daylight came, reality hit. "If it hadn't been for my neighbors, I'd have run away," he said.

Still, the retired steamfitter, now a widower, said he can't imagine living anywhere else. "I started looking at old-folks homes, but I love it here."

When Dawson-Moser landed a teaching position at Prince George's Community College in Largo, she and her husband, Andy, went in search of affordable housing within easy commuting distance.

Selby on the Bay also met their other major requirement -- no covenants. "It's not that we wanted to paint our house pink, but we wanted the option," Dawson-Moser said. The flip side of that freedom is that run-down houses sit next to pristine ones and residents tinker with cars and boats in their driveways. For many, that is all part of Selby on the Bay's charm.

The Mosers' wooded yard backs to a neighbor's self-created nature preserve.

As tree frogs and osprey herald spring's arrival, the Mosers frequently take the 15-minute stroll to the beach with their two young daughters. There, the girls enjoy some old-fashioned playground equipment, including monkey bars.

Warmer weather soon will bring out jellyfish and crabs. It will also bring out the beach's volunteer security patrol to remind outsiders that the waterside haven is for residents only.

Robey, serving his fifth term as association president, said, "One of my reasons for getting on the board is to bring back the memories I had growing up here." There's nothing better, he said, than "sitting out there in Selby Bay, running a trotline and watching the sun come up."