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April 2010 INSIDE THIS ISSUE: 1-2












General Membership Meeting

Dear Members,




APRIL 2010

As I am writing this, the sun is shining and the temperatures are rising; a hopeful sign of the season to come. As the weather changes so are the signs of the economy as the Dow approaches 11,000 and the Wall Street Journal reports that, although unemployment remains high, companies are beginning to hire. Our suppliers and builder friends are reporting increased activity which is encouraging. In the midst of some relatively positive economic news, we in the construction industry are challenged by additional bureaucracy and government regulation of our industry. The Home Builders and Remodelers Association of Cape Cod as well as our state and national organizations offers education, information and advocacy to aid and inform its members. We have hosted numerous courses for the required EPA Lead Certification. We continue to be your advocate and raise serious concerns about the Stretch Energy Code and its implications for individual towns. We are working on providing informational sessions on the new energy code (IECC) that goes into effect as of July 1, 2010. See the monthly newsletter for further information and offerings. I am personally looking forward to the next two speakers at our general membership meetings. On April 13, Victor Staley, Building Commissioner for the Town of Brewster, will be speaking on a variety of topics which effect each of us in the construction industry. Victor has been a leader among the Cape and Islands building commissioners. He is intelligent, knowledgeable about the challenges facing the building community and he speaks openly Continued on page 2 SPECIAL ANNOUNCEMENT: THE APRIL HB&RACC TRADE SHOW POSTPONED! OUR EFFORTS HAVE BEEN FOCUSED ON THE LEAD RRP CERTIFICATION COURSES AND WE HAVE NOT BEEN ABLE TO DEDICATE ENOUGH TIME TO THE TRADESHOW. WE WANT TO ENSURE OUR FIRST SHOW IS A SUCCESS, THEREFORE WE HAVE DECIDED TO POSTPONE UNTIL A LATER DATE. WE WILL KEEP YOU POSTED ON THE NEW DATE WHEN IT IS MADE AVAILABLE.

Tuesday, April 13 Cape Codder Resort & Spa Rte. I32 & Bearses Way Hyannis, MA 6:00pm Cash Bar/Networking 7:00pm Dinner & Program Program: Join us as one of our most popular speakers, Victor Staley, returns to share insight and information on what is going on in the building industry on Cape Cod. It’s a great forum to get your questions answered. Speaker: Victor Staley, Building Inspector, Town of Brewster

Fee: $35 fee for dinner and program. (Please be prepared to pay onsite or prepay by calling the number below.) RSVP's REQUIRED: Call the HB&RACC office at 508-398-3900 or email

Please RSVP to ensure we have an accurate count (and enough food for all!)


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and directly. Bruce Torrey, of Building Diagnostics, will be speaking on May 6 about how to meet the HERS rating required by the new IECC code referred to above. Bruce is extremely knowledgeable about building performance and his understanding is not only quantifiable but comes from a hands on approach to construction.

The HB&RACC Annual Golf Tournament will be May 26 at Dennis Pines Golf Course. Shotgun start at 1pm followed by dinner at the Dennis Inn. Get your teams together and sign up with Suzie!

I would personally like to welcome the seven new members to the Home Builders this past month- Thomas Tonello, Tonello Builders; Mark Macallister, Macallister Building; Gail O’Rourke, Chestnut Bay Cabinets; George Moudouris; Moudouris Construction; Steven Bishopric, The House Carpenters; Joe McCluskey, McCluskey Home Improvement; and Michael Nardone, MJ Nardone Carpentry I hope to meet and see each of you at the April 13 meeting. Happy Spring! Peter


Greetings! March was a busy month — we trained close to 220 local trades people at the EPA’s Lead RRP courses in locations across the Cape and will be training another 180+ between the remaining April & May courses. There are countless others who need to get the training and I assure you I am doing all I can to get more instructors down here so you can all become compliant with this federal regulation which goes into effect April 22. Whilst many of you won’t be compliant by this date, you can take a couple of steps now to show good faith towards becoming compliant. See page 8 for details. I have reserved 5 spots in the May courses for HB&RACC MEMBERS. If you would like one, it’s first come, first served, so call me ASAP. I’m looking forward to the May 26 Golf Tournament and really hope you will join us. This year we will be at the Dennis Pines Golf course followed by dinner at the Dennis Inn. Both beautiful places and it promises to be a really fun event. You will be receiving a separate email with information on the Golf Outing soon, but you can always call me. Our scholarship applications are due on the 22nd of this month — download an application on — we don’t have many in so far, so good chances this year for a $500 toolship or scholarship! Enjoy the sunshine and longer days! Best, Suzie Roettig Executive Officer

HB&RACC’s 20092009-2010 Board of Directors Executive Committee: President Peter Polhemus Polhemus Savery DaSilva Architects/Builders Vice President/Treasurer Rob McPhee McPhee Associates Vice President/Secretary Rob Padgett Padgett Builders, Inc. Past President Dan Buckley

Board Members: Brian Harding ‘11 Andersen Corp

Todd LaBarge ‘10 LaBarge Design/Build/ Maintain

Kevin Benger ‘12 Benger Construction

Skip Carleton ‘11 Mid-Cape Home Centers

Rich Bryant ‘12 Cape Associates, Inc.

Tony Shepley ‘11 Shepley Wood Products

Bill Almeida ‘11 Falmouth Lumber

Elizabeth Kovach ‘10 Windswept Homes

Stephen Klug ‘11 Fine Building & Finish

Suzie Roettig (Editor), Executive Officer, HB&RACC 9 New Venture Drive, #7 South Dennis, MA 02660 PH: 508-398-3900

THE ADVOCATE NEWSLETTER Don’t forget to support those who support our association and industry!

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FOR MEMBERS ONLY If you have a website, you should have a direct link.

For more information about how to obtain a weblink to your website, call HB&RACC.508-398-3900 or email




B E S T — D O




M E M B E R !


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MEET OUR NEWEST MEMBERS Tonello Builders, LLC— Thomas Tonello 21 Deer Hollow Drive Forestdale, MA 02644 508-477-8269 Macallister Building, LLC—Mark Macallister 64 Ebenezer Rd Osterville, MA 02655 508- 428-6408 Chestnut Bay Cabinets—Gail O'Rourke 20A Village Common Drive Falmouth, Ma 02536 508-353-9183 Moudouris Construction—George Moudouris 12 Athens Way W Yarmouth, MA 02673 508-778-4747

McCluskey Home Improvement -Joe McCluskey 11 Cross Street Harwich, MA 02646 508-432-7404

The House Carpenters -Steven Bishopric 112 Main Street, Suite B Osterville, MA 02655 877-864-7358

M J Nardone Carpentry LLC Michael J. Nardone 947 Route 6A Yarmouth Port, MA 02675 508-771-9927

MEMBER NEWS & EVENTS EARTH DAY WISH LIST EVENT FOR CHAMP HOMES Tuesday, April 20th from 5:30-7:30 P.M. at Terrene, 16 Forsyth Ave, South Yarmouth Come enjoy light refreshments from the Riverway Lobster House and Earthly Delights of Osterville as well as an opportunity to make a green wish come true. Our friends at Terrene Eco-friendly Design Showroom will be featuring CHAMP Homes Wish List items. (The houses need some love... Paint, flooring, and a few other improvements!) Sponsor a square foot or a whole room. In appreciation of your support, Terrene will give you a coupon for 10% off cabinetry, flooring and paint for your own wish list! We look forward to seeing you there. To RSVP, call 508-771-1470 or e-mail

RETIREMENT INCOME STRATEGIES WORKSHOP Wednesday, April 21st at 9:00am at Mid Cape Home Centers’ Complete Home Concepts, Route 132, Hyannis The solving retirement workshop is specifically designed for individuals who are preparing for retirement or want to get a step ahead of the game with retirement planning. The workshop covers key factors in retirement, including how to navigate through investing, inflation, taxes, healthcare spending, qualified plans, and lifestyle spending. Attendees will walk away with a better understanding of retirement concepts and how different financial decisions can affect their retirement savings and income. Speakers: Michael Patterson, Registered Representative and Earle Pitts, Managing Partner, Centinel Financial Group, LLC. RSVP by calling: 508-398-3900 or simply email me:



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NAHB DEVELOPS REMODELER CONTRACT LANGUAGE FOR LEAD REGULATION NAHB's legal department has written template language for remodeling firms to use when working in homes affected by the U.S. Environmental Protection Agency regulation entitled "Lead: Renovation, Repair & Painting.” These materials are a benefit only available to NAHB members. Target homes are defined as pre-1978 homes where renovation activities will disturb lead paint. Visit lead for more information about this rule, which goes into effect on April 22, 2010. Members can log on to and type in “contract language for lead paint” in the search engine box to access this information. Please note that these sample documents, notices and contract language have all been provided for information purposes only, and do not constitute a legal opinion. Care should be taken when drafting such provisions, and it is recommended that an experienced local attorney be consulted for that purpose. If a remodeler expects that a job begun before April 22 will not be complete when the rule goes into full force, it is recommended that the remodeler use contract language applying to the active regulation. In essence, contracts signed before April 22 should anticipate the lead rule going into effect. However, it is also recommended that a local attorney be consulted in these cases. The sample contract materials can be used as templates for remodeling contracts, but consulting with a local attorney is strongly recommended. Be aware that the EPA is also working on amendments that may change the requirements of the lead paint regulation. When these changes are made, NAHB will inform members. Stay tuned for news on these issues. Visit for more information on the lead rule and planning for compliance.

LESS THAN 15 DAYS TO BECOME COMPLIANT WITH THE EPA’S LEAD PAINT RRP RULING! The Environmental Protection Agency (EPA) Renovation, Repair and Painting (RRP) Final Rule 40 CFR 745.... ...requires that renovations -- in pre-1978 homes or child occupied facilities -- which are conducted for compensation that involve the removal or modification of painted surfaces or that disturb more than 6 square feet (interior) & 20 square feet (exterior) of lead paint must be performed by Certified firms using Certified Renovators. This includes landlords and their employees. Workers seeking to become Certified Renovators must successfully complete the EPA accredited renovator class.

The deadline for achieving certification is April 22, 2010. Although you may not have been able to get into a course yet, there are a couple of steps you can take RIGHT NOW to work toward compliance: 1)

Get on a waiting list for a course — call 508-398-3900 or email to be added to a list.


Fill out your firm certification — which can be downloaded at — and mail it with a check to the EPA as soon as possible.

We are working hard to make courses available in our area to train our members. If you have not taken the course, please contact me as soon as possible. Our May courses are sold out as well, but I have reserved 5 spots for MEMBERS ONLY in the May RRP Courses. First come, first served … so call me on 508-398-3900 to get one of these spots — they’ll go quickly.


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“TOP 10” LIST HIGHLIGHTING THE MOST IMPORTANT NAHB ACTIONS BENEFITING MEMBERS FROM THE LAST MONTH 1. NAHB opposition to the newly-enacted healthcare reform package was particularly rooted in that proposal's inclusion of an onerous provision called the Merkley amendment that unfairly targeted small construction firms. NAHB successfully worked to nullify this provision in the subsequently passed reconciliation bill. In the days and weeks before the House vote, NAHB aggressively targeted key House Democrats to urge them to oppose H.R. 3590 and coordinated a coalition of construction organizations and supplier groups to oppose the language and insist that it be stripped from the legislation. We also sent out an all-member alert urging our grassroots to call their Representatives and insist that they oppose H.R. 3590 because of the unfair Merkley language. That language would have required construction firms with more than five employees to provide healthcare coverage, while small employers in every other industry would have been exempted from mandatory coverage if they employ 50 workers or less. On the day of the actual vote, NAHB sent a letter to every member of Congress designating a vote in opposition to H.R. 3590 as a key vote "given the detrimental impact H.R. 3590 would have on the home building industry." While the original bill did pass with the Merkley language included and was signed into law two days later, the House and Senate began immediate consideration of a reconciliation package (H.R. 4872) that included language secured by NAHB that effectively eliminates the Merkley provision in the new health care law. The reconciliation package was approved late in the evening on March 25 and sent for the President’s signature. Although NAHB remains concerned about other provisions contained in the new health care law, the removal of the Merkley provision’s direct attack on the construction industry is a good development in an otherwise highly politicized and controversial piece of legislation. Going forward, a thorough analysis of the new law’s impacts on NAHB members will be made available. Contacts: Jenna Hamilton, 800-368-5242, x8407, Carlos Gutierrez, x8242. 2. NAHB's Annual Report to Members is now available for free download from We encourage you to peruse this great resource that chronicles the numerous successes of our national association over the past year as we fought for and achieved some very substantial victories. Among other subjects, the report records how NAHB mobilized a broad grassroots-based effort to convince Congress to enact a landmark $8,000 tax credit for first-time home buyers in 2009, then later in the same year fought for and achieved an extension of the credit for several additional months and pushed to expand eligibility for it so that repeat home buyers and those with more income could also benefit from the incentive. All together these efforts have resulted in almost 200,000 additional home sales and 35,000 additional housing starts while creating 87,000 jobs and giving our industry some breathing room as it slowly regains its footing. Just as important was NAHB's effort to enact two net operating loss tax relief provisions for small businesses, which helped save or create 30,000 jobs in the construction sector. Looking to the future, our annual report has special mes-

sages from 2010 NAHB Chairman Bob Jones and many of the association's 2010 committee chairmen; you'll also find some interesting statistics on the International Builders' Show. To read or download the 2009 annual report, please visit: 3. Proposed changes to FHA underwriting requirements for multifamily loans were the subject of the day when NAHB First Vice Chairman Bob Nielsen and a group of our multifamily members met recently with Carol Galante, HUD's Deputy Assistant Secretary for Multifamily Housing, and Galante's Senior Advisor, Chris Tawa. HUD has proposed an extensive set of changes to the Section 221(d)(4) and Section 223(f) programs, which are used by builders for new construction/substantial rehabilitation and refinancing of multifamily properties, respectively. NAHB members reviewed the proposed changes and prepared detailed comments to discuss with HUD. Some of the proposed changes were of great concern to NAHB because FHA is the only source of construction financing today for multifamily rental properties, and we believe that now is definitely NOT the time to make it more difficult to obtain financing. Our dialogue with the HUD representatives proved very productive, as Galante and Tawa agreed to consider a number of our suggestions and said they appreciated us calling their attention to some issues that they had not previously considered. They also made it very clear that their intent is to protect, maintain and sustain the multifamily mortgage insurance programs. Going forward, NAHB staff plans to follow up with HUD and will continue to collaborate with both our members and agency staff as work on the proposed changes progresses. Contact: Claudia Kedda, 800-368-5242, x8352. 4. Incentives to retrofit homes for energy-efficiency are a great idea that NAHB strongly supports, but the Home Star program that would accomplish this could be derailed because too few renovators will have their leadsafety certification in time for the government's April deadline, NAHB member Bob Hanbury told Congress this March. Testifying before the Senate Energy and Natural Resources Committee, the Connecticut remodeler explained that rules effective April 22 governing work in homes where lead paint may be present may prevent meaningful retrofits from taking place because there won't be enough certified renovation contractors trained in the EPA's new Lead Safe Work Practices by that time. As previously reported, the Senate is currently considering legislation that includes the Home Star program, which would provide home owner incentives for insulation and other weatherization projects. Unfortunately, EPA has not approved enough instructors for required training programs, nor certified enough firms to do the renovation work, which includes energy-efficiency upgrades in older homes that are subject to the Lead Renovation, Repair and Repainting Rule. In all, EPA estimates that more than 236,000 remodelers, window installers, painters, heating and air conditioning specialists and other trade contractors must be trained to ensure compliance with the rule. These contractors must complete eight hours of training, pay a certification fee, and employ lead-safe work practices in homes built before 1978 where children or pregnant women are present. Continued on page 8

THE ADVOCATE NEWSLETTER But so far, only about 50,000 people have been trained and EPA has only approved about 140 firms to offer the training courses across the country (some states do not yet have any approved trainers). Bob told committee members that NAHB looks forward to working with them to create a successful retrofit program that provides equal access for all qualified and properly-trained contractors and a true incentive to renovate the oldest, least-efficient housing stock. Contact: Elizabeth Odina, 800-368-5242, x8570, Calli Schmidt, x8132. 5. According to a new NAHB survey on the various components that go into the price of a typical single-family home, construction costs account for nearly three-fifths of home prices. The study, "Breaking Down House Price and Construction Costs," relied on responses from 54 builders in 2009 to arrive at some very interesting findings. This included evidence that spec homes have lost some market share to custom homes in recent times, that the cost of a finished lot accounts for just over one-fifth of sales price, and that the costs of construction account for nearly three-fifths of the final sales price. The shares of home prices represent a noticeable shift since NAHB's previous construction cost survey in 2007, but this is largely the result of a change in survey methodology to provide a more representative sample of single-family construction nationwide. For example, the latest survey included more houses in non-metropolitan areas, where land prices tend to be lower and lot sizes larger. Census figures for new residential construction in 2008 show that the average lot size was .36 of an acre for new homes sold in metro areas compared to .65 acres for homes sold outside those areas. The average size of homes included in NAHB's survey was just over 2,700 square feet, with the average lot size at one-half acre. The average price of homes in the 2009 Construction Cost Survey was $377,624. Read more in Nation's Building News. Contact: Paul Emrath, 800-368-5242, x8449. 6. NAHB Legal Action Fund grants help ease the burden on NAHB members and HBAs that are in the midst of expensive and time-consuming litigation involving nationally significant issues or legal matters commonly faced by builders and developers. The latest grants were recommended by the NAHB Legal Action Committee and approved by the NAHB Executive Board during the International Builders' Show this January. These funds will provide assistance for the following two efforts: 1) The Eastern Panhandle BA in Martinsburg, W.Va. is challenging a West Virginia municipality's development fee ordinance. NAHB agreed to provide funding assistance so that the association could proceed with its case. 2) A member of the Montana BIA has challenged a municipality's road improvement exactions and prevailed in a state trial court, which determined that the requirements were unconstitutional. The ruling was appealed and the member's litigation continues. NAHB agreed to provide funding to help the member preserve the victory. The NAHB Legal Action Committee reviews Legal Action Fund applications three times per year in conjunction with NAHB Board of Directors meetings. Applications and guidelines can be downloaded from the members-only pages of the NAHB Web site at: Your NAHB contact for more information is Christopher Whitcomb, 800-368-5242, x8329.

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7. April is New Homes Month, and NAHB has free resources to help you highlight the benefits of buying a home at this critical time. Our free, online promotional toolkit is packed with resources and materials for builders and local associations to use throughout the month, plus tips for maximizing these resources with New Homes Month activities in April. The toolkit includes a series of articles, advertisements, consumer flyers and other resources to help promote New Homes Month as well as the home buyer tax credits that are currently available for qualified first-time and repeat purchasers. Contact Brooke Fishel (800-368-5242, x8061) for more information. 8. Taking remodelers' concerns directly to the OMB, NAHB Remodelers Chairman Donna Shirey, CGR, CAPS, CGP and member Bob Hanbury, CGR, along with NAHB staff met recently with representatives of the Office of Management and Budget regarding the lead paint regulation that is scheduled to go into effect on April 22 and a proposed amendment to that rule. Our members asked OMB to support delaying implementation of the lead paint regulations because the inadequate number of trainers and training courses would inhibit the Administration's commitment to retrofitting the existing housing stock for greater energy efficiency. We also explained our objections to a particular proposal that would amend the lead paint regulation by removing the "opt-out" provision for owners of houses where no children under age six or pregnant women reside. Removing this opt-out provision would reduce consumer choice and raise the costs of implementing the lead paint rule by requiring the regulation to potentially be applied to ALL homes built before 1978. NAHB estimates that this would more than double the number of homes subject to the rule, to 78 million units, while the EPA's own estimates say that fewer than 40 million homes are currently contaminated with lead paint. Contact: Matt Watkins, 800-368-5242, x8327. 9.Testifying on Home Star's implications for creating jobs by encouraging energy-efficient home retrofits, NAHB member Chris Pratt told the Energy and Environment Subcommittee of the House Energy and Commerce Committee that NAHB supports these efforts and believes that Congress is taking the right approach with the Home Star proposal. That said, "Our hope is that the end-product will be one that every legitimately-trained worker can equally access, and that details of implementing this multi-billion dollar effort are not crafted to exclude programs that meet the stated goals of Congress and the Administration," he noted. He then called Congress's attention to one specific omission in the draft Home Star legislation — the exclusion of the Home Builders Institute (HBI) from the definition of a "certified workforce" as defined in the bill's language. Because HBI is already a recognized partner with a federal agency and is a legitimate workforce program that provides the same skills training and job preparation that the draft Home Star legislation seeks to promote, "it seems logical that it should be included," Chris told committee members. Urging committee members to add HBI to the list, he explained that "NAHB believes the problem of energy lost in existing homes is too big, and the job losses in our industry are too dire, to limit in


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any way access for highly qualified, trained, and skilled workers to be able to execute a comprehensive home retrofit program." Contact: Elizabeth Odina, 800-368-5242, x8570. 10. As April 15 looms, many home buyers are scratching their heads in confusion over what they need to do to claim either the first-time home buyer tax credit or the repeat buyer tax credit on their federal tax returns. Luckily, NAHB has answers. On the eve of tax day, NAHB has summarized some of the top questions that recent buyers are asking in a special press release, and renewed our advice for consumers to visit our specially created Web site at for all the information they may need. Top 6 questions being asked these days include, "How does a home buyer claim the tax credit?" And, "Does the home buyer have to sell their current home in order to qualify for the $6,500 repeat home buyer tax credit?" Or how about, "Do married couples both have to meet the eligibility requirements in order to claim the credit?" Take a quick look at our press release for the answers your buyers are seeking. And again, check out the Web site for even more information. This Web site has received more than 8 million visits so far! Contact: Brooke Fishel, 800-368-5242, x8061.

BUSINESS ADVANT-EDGE: SPECIAL MEMBER-ONLY OFFER FROM HP The award-winning HP Mini 5102 (FN098UT-SC2) is now only $399, with a free case! Save $258 on the bundle. The HP Mini 5102 is “the best business netbook money can buy,” according to Laptop Magazine. Maximize your mobility with the 10.1-inch diagonal mini that packs amazing functionality into a stylish, yet durable companion PC. Features include: * Intel® Atom™ Processor N450 (1.66 GHz) * 1 GB memory, 160 GB hard drive

* Genuine Windows® 7 Starter * Access the web in seconds with HP QuickWeb

Expand your capabilities and add an HP External USB CD/DVD R/RW Drive for $99. For details on this offer and free U.S. ground shipping, visit or call 800-202-4488 and mention NAHB. This system may require upgraded and/or separately purchased hardware and/or a DVD drive to install the Windows 7 software and take full advantage of Windows 7 functionality. See for details. Prices available at member website or by calling 1.800.888.8177 (mention NAR1). Pricing is subject to change without notice. U.S. only. All orders must be billed and shipped to a U.S. address. Some restrictions apply. See for full

details and product specifications.

The Home Builders & Remodelers Association of Cape Cod (HB&RACC) is affiliated with the National Association of Home Builders (NAHB) and the Home Builders Association of Massachusetts (HBAM).

Visit us on the web:

The Association’s mission is to support homeownership on Cape Cod and its trade members through legislative, educational, business and civic endeavors. Association members adhere to a strong professional code of ethics ensuring that consumers receive the highest quality of service within the industry. We strive to broaden our influence as the industry’s voice.

9 New Venture Drive, #7 South Dennis, MA 02660 Phone: 508-398-3900

For information on joining the HB&RACC call 508-3983900 or visit us online at:

Fax: 508-398-3911 E-mail:










April 13—6pm-9pmHB&RACC General Membership Meeting Cape Codder Resort, Hyannis .) April 20 —EPA Lead Renovator Course in Mashpee hosted by Botello Lumber

1 EPA Lead RRP

2 EPA Lead RRP

course (SOLD OUT)

course (SOLD OUT)
















General Membership Meeting



20 EPA Lead RRP

21 EPA Lead RRP

course (SOLD OUT)

course (SOLD OUT)





Retirement Strategies Workshop—Hyannis






April 21–9AM Retirement Strategies Workshop— see page 5 for details. April 21—EPA Lead Renovator Course in South Dennis hosted by Mid Cape Home Centers

MARK YOUR CALENDAR: MAY 26, 2010 HB&RACC Golf Outing Dennis Pines Golf Course followed by dinner at the Dennis Inn!

April 2010 Advocate NL  
April 2010 Advocate NL  

HBRACC April 2010 NL