Promoting the general welfare of the inhabitants of the Cape Cod towns governed by the Historic Act through preservation and protection of buildings, settings and places is the true purpose of the Historic Act of 1973.  Throughout this historic region, the idea is to preserve and maintain the cultural landmarks of Barnstable County with its traditions of history that existed in the early days of Cape Cod.

 Guiding the decisions of Historic Committees is an acute awareness of the individual places and settings in which our properties exist.  Each neighborhood is unique and special in its own way.  Therefore, it is important to determine if a design for a home or renovation is in keeping with a specific group of homes in that local setting or address.  The best way to determine that answer is to stand in the front yard of your property and slowly turn 360 degrees to see what your “setting” is all about.  The types of home designs, materials, colors and landscaping will give you a good idea of what will fit in naturally to your particular place and setting. 

Of course, the reason we all love Cape Cod so much is because of the way it looks.  Our ancestors knew how to build a vacation community whose architectural features soothe the soul and eyes of visitors and home owners for generations. 

Peter

Beginning around August 1, activity has increased DRAMATICALLY in the Mid-Cape Real Estate market - or at least at the offices of Lomenzo Properties! Phones are ringing, properties are regularly being viewed, offers are being made.  In the past week, we have put 5 properties under contract, including two that have languished in this market for over a year.  Peter has taken to calling it “the jaibreak”. So, what’s going on?  The beginning of a turn in the down market?  A mere BLIP on the real estate market radar?  A direct result of working our tails off for our customers??  As with most things in life, time will tell the tale.  Stay tuned………….

Elaine

The Historic Act provides property owners with some legitimate “short cuts” to receive approval to make changes to their properties.  The so-called Exemptions are a mere paper work, administrative request to do a myriad of historically natural additions to a property.  The list is extensive and includes Fences under 4’ high (including vinyl), spit rails vertical picket fences, vertical flat board fences with cap rails 4-6 inches wide in white or natural finishes. Hedges under 4’ high are also in the category of Exemptions.  Flag poles under 25’ high of natural wood, fiberglass or aluminum in white.

 Arbors, Trellises under 9’ high can also be applied for under the Act.    Many different roofs using Architectural wood-style shingles in black, gray or weatherwood along with natural wooden cedar my be allowed provided there is no more than 5” of exposure to the weather.  Stone wall not exceeding 30 inches using natural fieldstone can be requested.

 Finally, a Shed of wooden construction less than 120 square feet with a distinct similarity to your main house are eligible for the Exemption.

 In all cases, apply for the Exemption as the law is written that the Committee “may” grant an Exemption for these type additions or improvements.   The Historic Committee may also grant exemptions in cases where the small changes are not visible from any public place.

So take the short cuts when they are available and you’ll be exempt!

At 4:30 a.m. this morning, I was awakened by the birds ……again.  The VERY LOUD twitter of birds outside our bedroom windows.  In my annoyance, I was reminded of the fact that Cape Cod in general (and my backyard in particular!) are veritable bird sanctuaries!  (As is the case with one of the lovely properties we represent,  the backyard of which is a bird paradise.  In fact, so much so that just this afternoon, we had a prospective buyer who said the bird noise drove her crazy! The husband loved it, however.  They are, as I write this, sitting in the driveway, windows rolled down, listening to the bird noise and trying to decide if it’s a “deal killer”.)

Although I cannot say that I am exactly a “birder”, I do appreciate their presence and beauty.  I have often told myself that I would become more educated on our native birds, but so far have just been a curious bystander in their daily antics in my yard.  On the flip side, all is not rosy with our feathered firends The danger they can pose was the subject of a recent Cape Cod Times article  which dealt with the problem of attacking hawks!

The Cape is home to over 300 species of birds and “birding” has become a very popular pastime in this area.  There is a store in Orleans, The Birdwatcher’s General Store, dedicated to this pursuit.  Also, in Brewster The Cape Cod Museum of Natural History has a wonderful display of native birds and is well worth the trip to see the museum’s marsh view room which gives you an up close look at the life of an osprey family.

I’m thinking that when I do get to know my native birds a little better, I may ask them if they could sleep in a little later…… say until 7-ish?

Elaine

In an historic area like Cape Cod, the need for signs will often clash with the need to preserve the historic integrity of the area.  Our forefathers used signs to provide information, direction and identification.  Today, signs often try to do too much and say too much.

This historic act requires signs to be modest in size.  The maximum allowable size is 12 square feet – meaning a sign would be approximately 3 feet by 4 feet.  Signs are also required to be uncluttered and free of special logos and distracting art work that does not communicate a clear message.

Also, the historic district prefers that the signs have no lighting.  Although there are cases where lighting is approved, the preference is to have no lights.

Signs used to be carved from wood and have no colors.  Today’s signs should reflect the historic look of simplicity with one or two fonts and colors.

 Above all, signs need to fit the neighborhood and setting in which they are found.

Peter

Visitors to Cape Cod, especially those from other parts of the US, are often puzzled by the beach signs saying “No trespassing - Private Property”.  And every year around this time the issue raises its ugly head as beachgoers and property owners clash about who owns what and where.

According to a recent article in the Cape Cod Times, of the 1500 miles of coastline in Massachusetts, 85% of it is privately held.  Going back to the “Colonial Ordinance of 1641-47″, ownership of beachfront property extends to the low water mark.  Does that mean no one can ever walk across a private beach?

As a regular jogger, I often run in the early morning on the Northside Dennis beaches.  Only once in the 11 years I’ve been doing so have I been asked by an owner not to trespass on his private beach.  I  invoked the loophole law established in the 1800’s that allowed public access on private beachfront for the purposes of “fishing, fowling and navigating”.  I was simply “navigating” my way home.  This seemed to satisfy him, but ever since I have been very respectful of the rights of the beachfront property owners.  

Which brings me to a very important point made by the CC Times article - “The root of most beach conflicts is bad manners.” Truer words were never spoken!  A little bit of civility goes a long way in these matters.  Who knows, you may be invited to lay your towel down and spend the day!

In conclusion, the fact is that in Massachusetts, most of the shoreline is privately owned and will probably remain that way.  In the meantime, the public beaches, particularly in the town of Dennis, are fabulous - get there early and enjoy them!!

Elaine

The current energy crisis is making everyone crazed about finding ways to save on energy.  The Historic Act encourages the use of Solar Panels and Skylights and Wind Generators provided that there is no change in the appearance of the structure.  The only way to do that is to put the solar panels on the back of the house where no one can see them.  IF the sun cannot be captured by the back of the roof, there are new architectural roof shingles that have solar panels interspersed throughout the roof so they aren’t really visible. Skylights make the wrong appearance and also belong on the back.

Our forefathers were frugal and very eager to conserve energy.  However, they never allowed function to diminish form.  Saving on energy and protecting the beauty of Cape architecture are valuable goals that help everyone.

Peter

This “changing” Cape Cod real estate market (or DYNAMIC, as Peter likes to call it) offers a new set of challenges to Realtors. Our recent favorite is the tendency among buyers and sellers alike to “hold firm” to their terms and not give in on any deal points.

It being a well-publicized “buyers market”, said buyers are feeling that they have plenty of choices out there and thus are less likely to fall in love with any one property.  Rather, when they find one they like they make a “take it or leave it” offer, and move on to the next property if it is not accepted.

On the Seller’s side, particularly the ones who have listened to their real estate professional and priced their home to reflect current market conditions, they feel they have offered their property at a fair price and certainly don’t want to “give it away!”

The New York Times recently published an excellent article on this very topic. In a previous market, prospective buyers would write love letters to Sellers, putting forth their positions on why the Seller should sell their wonderful property to them. Although I don’t think this practice ever caught on here on the Cape, it was an interesting strategy.  The NYT article offers a new take on this practice,  including fictitious letters written by buyers to sellers and vice verse reflecting the current market conditions.

As professional realtors, we understand both positions very well.  Rather than feeling trapped in the middle of these stand offs, we use our well-honed negotating skills to bring both parties to a point of agreement.  We call it “The Lomenzo Edge” and it often makes the difference between a closed transaction and a continued stand off, which ends up benefiting no one.

Elaine

Basketball hoops and their accompanying flood lights don’t fit in with quaint historic settings it seems.  Last Wednesday night, the Historic Committee concluded that fact after carefully reviewing a proposal that was very “enlightening”.  The expectation of kids gathering for an evening pick-up game under flood lights creates a distortion of the quiet, peaceful historic neighborhoods.  In addition, the 10’ high posts with glass backboards are not compatible with the cedar shingles and white trim of many historic homes which surround these playground type sets.

 It would not be fair to say that the Historic Committee does not want to see kids play basketball or have any other form of good clean fun.  More to the point, the Historic Committee needs to preserve certain settings as residential and prefers other settings such as schools and parks for sports and recreation.

 Meshing the needs of recreation with history is achievable with good communication and cooperation.

Peter

Historical or hysterical?  That is the question.  For the past 10 years, I’ve been Chairman of the local historical committee in the Town of Dennis.   People stop me everywhere I go to ask whether or not the historic committee has the authority to tell people what they can or cannot do with their property.  The fact is the committee is governed by the Massachusetts Acts of 1973 as amended and therefore is a governed by the laws of the State.  So the committee has the authority to decide what architectural features are appropriate for a particular home and which are not.

What I like about the Historic Act, as it is known, is that it applies equally to everyone.  Neighbors can take comfort in the fact that the Historic Committee won’t allow your next door neighbor to add windows, dormers or other additions that ruin the way your neighborhood looks.  Also, keeping the look and feel of the Cape is exactly why everyone wants to live and vacation here. The historic committee is the “design review board” that keeps everyone honest. 

Peter