Assembling the Dream Team

Through the grapevine, I have heard that many people rushed out to the Cape last Summer and Fall to purchase second homes far away from the congestion of the city. If one were to work or attend school remotely, why not do it in a beautiful place with lots of nature and outdoor opportunities? The real estate market was ill-prepared for this amount of buyers, and people snatched things up sometimes sight unseen. Many of these people did not know that for any significant changes they wanted to do to their new home, they would be spending many months attending Board and Commission hearings, with an uncertain outcome.

If your new home is over 75 years old, you will need to go through the Historical Commission regarding any changes you might want to make. Plus, if you plan on knocking that old house down and putting up a new one, they can impose a demolition delay. Also, some areas of the Cape fall under the auspices of a larger Historical Commission that has purview over everything, old and new. Thought you were going to tear down that dilapidated 1850 cape and put up a modern, all-glass shrine to Mies van Der Rohe? Not so fast, my friend! While this architectural style can also be considered historical, context is also something these commissions look at.

Another Commission you will likely be making an appearance in front of: is Conservation. With its miles of shoreline, coves, bays, estuaries, marshes, bogs, and kettle ponds, the Cape has a large percentage of land within the Conservation Commission’s jurisdiction. Your lot may be high and dry, but if it is 100’ from any of the above listed geographical features (as well as some I may have left off), you will fall under the Conservation by-law. Fifty feet from a wetland is considered a no disturb zone. Maybe that little fishing shack situated on a small percentage of its lot takes up the only buildable area allowed.

Last but not least, Zoning Board of Appeals. My imagined America looks a lot like the Oklahoma land rush scene in that Tom Cruise and Nicole Kidman movie Far and Away. You run out, plant your flag, say, “this is my land,” and build what you like. This is pretty much how things operated until the start of the 20th century. You have 12 kids- well, you need to add onto your house! Go right ahead and build that extra barn you want near the pond. Zoning by-laws written after much of the New England housing stock was built have created whole neighborhoods that could not be built today, as they exist, i.e., the entire South End of Boston.

Our rambling Chatham house hit the trifecta; Historical, Conservation, and Zoning! As this was not my first rodeo- I knew all of this before we purchased the building.
First, by asking the listing agent the right questions, if you request, and they know the answer, they must tell you, secondly, by looking at the Town Zoning By-Laws, conveniently online. I immediately began assembling a team to get through these boards as smoothly as possible.
You will need to hire some professionals to help you get through this experience without a mental breakdown.

Architect

You will need this person anyway if you are building an addition or an entirely new house. While you want someone you can work with and who has the correct vision for your project, you may also want to consider their familiarity working within the town you are building in. I have worked with my architect, Mark Sangiolo, many times, and he lives in Harwich, so he is also familiar with the many hoops needed to jump through to get permitted on the Cape. To see what we were dealing with, he first drew the existing elevations and floor plans.

This is a view of the existing building from the road. The portion on the far left, is the only historical piece of the house. The yellow shaded portion just misses the 75 year cut off, thankfully, because it was garbage. Here are the existing floor plans. Very tricky space to work with.

Civil Engineer/Land Surveyor

When it comes to zoning and Conservation, your civil engineer or land surveyor plays a critical part. They will create a plot plan for your house, and you will be able to see then just what variances you may need based on the distance to the street, lot line, wetlands, or other zoning factors like FAR or lot coverage. Thadd Eldredge, my PLS, was born and raised in Chatham- so he is well versed in the various issues surrounding wetlands, zoning, and flood zones. Here is the existing conditions plot plan for Old Harbor Road.

Zoning Attorney

A local attorney is worth their weight in gold when it comes to getting through the Indian Gauntlet. Yes- you will be faced with boards made up of various personalities and abutters who will want to weigh in on your project, so it is good to have someone squarely in your corner to speak on your behalf. It is best to work with someone familiar with the many board members and their idiosyncrasies. When granting variances, by-laws are open to interpretation, and it is helpful to understand what the current board will do regarding your particular set of circumstances.
This is not bulletproof, but hiring an attorney from out of town could create an uphill battle. I hired Bill Riley after asking other builders and subcontractors whom they recommended.

Landscape Architect

One new thing I am learning while this process has been ongoing: building in an area governed by Conservation by-law requires something called mitigation.
It is a trade-off between how much you are proposing to build and how much invasive plant material can be replaced with native plants on the building site. This is where coming into the conversation with a mitigation plan drawn up by an LA is essential. Many areas on the Cape are being overtaken by Chinese Bittersweet and Japanese knotweed, to name a few invasives. By eradicating these plants on your site and replacing them with native plants like blueberry bush, you may get what you want and help the ecosystem all at the same time! Here is our landscape plan for Old Harbor Road:

I know this all seems overwhelming and unmanageable when viewed as a whole, but remember, the only way to eat an elephant is one bite at a time.
Also- if you believe that you have found that perfect place, where you can see yourself and your family making beautiful memories for years to come- well, that’s what life is all about! Just remember to put that team in place; it will be well worth it.