Closure of the Great Cape Arboretum and Gardens
Stephen Brown was issued a cease and desist order from the Town of Brewster on September 9th for various parts of his income producing property and business (see letter found below).
Because Great Cape Herbs, which maintains the gardens and arboretum, will have to close their storefront, we will be closing the Great Cape Arboretum and Gardens to the public. Great Cape Herbs has been in business for 30 years and has operated out of that space for the whole time.
We will be asking for donations to help with the upcoming legal costs we will incur, repairs we will have to hire contractors for, and general maintenance of the gardens. A donate button that goes directly to the Great Cape Coop’s bank account will be set up later this week.
For Stephen’s responses to this letter follow this link: https://gctv.cc/2022/09/10/stephen-browns-responses-to-the-town-of-brewsters-letter-on-september-9th/
Letter from the Brewster Building Department, and co-signed by the Brewster Health Department, and the Brewster Fire Department:
September 9, 2022
NOTICE OF VIOLATIONS, NOTICE OF REVOCATION OF BUILDING PERMIT, NOTICE OF REVOCATION OF AGRICULTURAL BURN PERMIT, AND ORDER TO CEASE AND DESIST – 2624-2628 MAIN STREET, BREWSTER
Stephen B. Brown, Trustee of the Brown Realty Trust
2624 Main Street
Brewster, MA 02631
Mr. Brown:
This enforcement order shall serve as a supplement to the enforcement order issued to you by the Town’s Fire, Health and Building Departments on or about April 29, 2022 and shall serve to inform you of numerous ongoing violations of state and local laws relative to the property owned by you at 2624 and 2628 Main Street (the “Property”). As the record owner of the Property, you are responsible for correcting the violations noted herein. As noted more fully below, the known violations at the Property are extensive and many present immediate life safety concerns for the inhabitants of the Property. Your immediate attention to these matters is required. The violations noted herein are non-exclusive and there may be other violations unknown to the Town of Brewster (the “Town”) at this time. Please also note that this order does not include known wetland violations which are currently being enforced through litigation in Barnstable Superior Court.
The Town appreciates your willingness to allow Town Officials to access the Property and the Town requests that you continue to allow such access as required to determine whether you are undertaking good faith efforts to address the violations cited herein. While the Town desires to work amicably with you to develop a plan to bring your Property into compliance, the Town reserves the right to pursue necessary relief in a court of competent jurisdiction should you not work in good faith to timely bring the Property into compliance with all applicable local and state laws.
Based on an inspection conducted on July 6, 2022, the following violations were noted:
VIOLATIONS OF THE BREWSTER ZOINING BYLAW, MASSACHUSETTS STATE BUILDING CODE AND UNREGISTERED VEHICLES BYLAW
The violations listed on the letter sent to the property owner by this Department and also on behalf of the Fire and Health Departments on Friday, April 29, 2022, Violations 1 through 9, were verified as continuing to exist.
Regarding Violation 7, ‘Sheds…’ it was noted during the second site visit that there is another unpermitted cottage (gray in color) on the property being used as a dwelling unit located approximately 500 feet to the South of the red cottage identified in Violation 7, Section 179-13(D) of the Zoning Bylaw. This Gray Cottage was constructed without any permits or inspections being performed by the Building Department. No Certificate of Occupancy has been issued for the Gray Cottage. You are hereby ORDERED to immediately CEASE AND DESIST any occupation and/or rental advertising of the Gray Cottage until such time as a Certificate of Occupancy is issued.
Inspectors were not invited into this structure during the visit.
The property owner, Mr. Brown, acknowledged the presence of the Gray Cottage by inviting Town Officials to look inside and explained that he often ‘napped’ there. He also explained how a water line supplying domestic (town) water had been installed to supply the cottage without municipal approval.
The location of the supply connection at either the Gray Cottage or at the ‘source’ end was not revealed.
The cottage contains a bed and a makeshift kitchen. No sanitary facilities were observed.
The owner did not explain how electrical power was being delivered to the cottage.
A plastic covered greenhouse was observed within 30 feet of the gray cottage. It was being used for plant propagation.
The red cottage, previously identified in Item 8, though described as the owner’s private residence, was recently seen advertised on a vacation rental site listed as ‘available.’
You are hereby ORDERED to immediately CEASE AND DESIST any occupation and/or rental advertising of the red cottage as it is not permitted as a habitable dwelling unit.
Per Violation 6, a walk through the two additions on the back of the coffee shop building, as guided by the Herb Shop proprietor, showed that the spaces had been converted to conditioned space. The additions were set up entirely as a retail ‘Herb Shop’ space, with full switches, lighting, outlets, and a chimney for a wood stove that appeared functional. You are hereby ORDERED to CEASE AND DESIST further retail use of these additions absent completed ‘after-the-fact’ Building, Wiring, Stove and Plumbing permit applications, with licensed contractors listed on each, as well as an application to modify the Special Permit to accommodate the relocation of the Herb Shop to this unpermitted retail space.
At least two unregistered motor vehicles were present on the site per Violation 8, Unregistered Vehicles Bylaw Section 168-4, andSection 179-56(B)(8) of the Zoning Bylaw.
Per Violation 2, the kitchen at the Burgess House operated by the Fair & Just Restaurant owners was inspected and found to be fully compliant with regard to Fire Safety, except for one emergency light. The restaurant owner, who was present at the time of the walk-through, promised to correct this immediately. A review of permitting documentation shows that 1 hour Fire Separation was originally installed in all walls shared by the kitchen and other interior spaces. As explained in the Fire Department Summaries, it was noted that electric cookstoves previously seen had been removed from both second floor ‘rental’ units. Brewster Wiring and Plumbing Inspectors have reiterated after seeing photos of this inspection visit that they have no record of permits or inspections for the remodel of these areas.
Although the Fire Department heads noted that some corrections had been made since their previous visit, a large hole in the ceiling sheet rock was present in the back hallway through which a black iron vent pipe extended.
Further, the exterior wooden stairway that leads from this back hallway exit to the ground at the rear of the building has not been inspected by a Design Professional within the last five years, as required by Section 110, Subsection 110.7, Special Inspections, Table 110, Periodic Inspections.
Only one ‘rental’ unit was ever approved for the second floor. Use permits were not obtained for the approved unit to be rented.
Loose, unsupported live wiring was observed in the basement.
Though a full bathroom was seen in the basement, the original building permit for this bathroom shows only a half bath.
You are hereby ORDERED to CEASE AND DESIST any occupancy of the two residential dwelling units in the Burgess House. Only one Accessory Commercial Dwelling Unit (“ACDU”) is allowed in the building and neither of the upstairs rooms have been permitted as habitable dwelling units.
Per Health Department violations list, Violations 1-5, there were still at least four camper units present at the site. Per Zoning & Building Violations Violation 8, Only two campers had registration plates on them. Moreover, as noted in Violation 3, campers are prohibited within the flood plain and a campground use is prohibited at the Property.
The owner of one registered trailer camper, who accompanied us on our walk around the property, admitted to living in her camper with her husband and daughter.
She also explained that she performed regular septage transfer from the camper unit to the in-ground septic system near the front of the property, via an RV dump cart she referred to as a ‘turd trolley.’
You have recently erected a new sign at the edge of the Property along Main Street. As the Property is located in the Old Kings Highway Historic District, you are required to obtain approval from the Old Kings Highway Historic District Committee and a sign permit from the Building Department pursuant to Section 179-20 of the Zoning Bylaw. You are hereby ORDERED to remove the sign until all necessary approvals are obtained from the Building Department and Old Kings Highway Historic District Committee.
You are hereby ORDERED to immediately CEASE AND DESIST further operation of a campground at the Property.
To the extent you are aggrieved by any orders issued herein pursuant to the Brewster Zoning Bylaw, you may appeal such orders to the Brewster Zoning Board of Appeals pursuant to G.L. c. 40A, §§8 and 15.
Appeals of this Order relative to Building Code violations may be made to the Building Code Appeals Board within 45 days of the mailing of this Order pursuant to 780 CMR 113.4.1.
REVOCATION OF BUILDING PERMIT #20-489
Building Permit #20-489 is hereby revoked pursuant to 780 CMR 105.6 because the building permit was issued in error. A Certified Site Plan showing the location of the proposed building relative to both property lines and Conservation Resource Areas and Buffer Zones was not submitted with the application, therefore, the permit should not have been issued.
Appeals of this revocation may be made to the Building Code Appeals Board within 45 days of the mailing of this Order pursuant to 780 CMR 113.4.1.
VIOLATIONS OF MASSACHUSETTS STATE SANITARY CODE (105 CMR 410.000), BOARD OF HEALTH REGULATIONS AND TITLE 5 (310 CMR 15.000)
- Five campers remain on the property with confirmation of at least one camper being used for human shelter; 410.430: Temporary Housing Allowed only with Board of Health Permission. 410.431: Any Exceptions to Minimum Standards Must be Specified
“Temporary Housing means any tent, mobile dwelling unit, or other structure used for human shelter which is designed to be transportable, and which is not attached to the ground, to another structure, or to any utility system on the same premises for more than 30 days.”
- Sanitary drainage system not provided for camper(s); 410.300: Sanitary Drainage System Required
“The owner shall provide, for each dwelling, a sanitary drainage system connected to the public sewerage system, provided, that if, because of distance or ground conditions, connection to a public sewerage system is not practicable, the owner shall provide, and shall maintain in a sanitary condition, a means of sewage disposal which is in compliance with 310 CMR 15.00: Subsurface Disposal of Sanitary Sewage (Title 5).
- Unapproved or lack of access to utilities such as water, electricity, sewage system; 410.180 Potable Water, 410.190 Hot Water, 410. 256 Temporary Wiring, 410.351, 410.352, 410.350 Plumbing Connections
- Campers or overcrowded apartments may not offer adequate habitable space for each occupant; 410.400 Minimum Square Footage
- Existing conditions may endanger or impair the health, or safety and well-being of occupants; 410.750 Conditions Deemed to Endanger or Impair Health or Safety
- Violations noted in the Burgess House Unit #3, include screens in need of repair, cracked tiles around the kitchen sink, bathroom flooring and walls are not smooth and easily cleanable, the base of the toilet is not watertight and the ceiling in the common back hall between Unit #3 and Unit #4, is open exposing the vent stack.
- Violations noted in the Burgess House Unit #4, include missing screens and screens in need of repair, and the bathroom flooring around the toilet is not watertight and smooth and easily cleanable.
- Violations noted in the basement of the Burgess House include passageways are obstructed by excessive clutter, electrical wiring needs to be assessed by a licensed professional. A bed was found in the basement during the inspection. The basement does have a permitted bathroom; however, the basement is not deemed habitable space.
- The red cottage located adjacent to the Herb Shop complex is connected to the existing septic system and is recognized as a one-bedroom dwelling. A second room in the dwelling contains a bunkbed. This room measured 64 square feet +/- (less than 70 square feet) thus cannot be deemed a legal bedroom. In addition, the window in this room may not be considered a full egress window.
- The small gray cottage at the rear of the property referred to as the “Club House” has a kitchen with running water, however the cottage is not connected to an existing Title 5 septic system. The cottage did contain a bunk bed. There is no bathroom and no working smoke or carbon monoxide detectors.
You are hereby ORDERED to correct all of the aforementioned violations within (30) thirty days of this order.
Septic Capacity
As a result of reported dumping of septage from the campers into to existing septic systems, unhabitable living spaces, and at least one dwelling not properly connected to a Title 5 approved septic system, certification from a professional engineer stating that the currently configured systems are adequate for the current usage of the Property and all existing sewer connections to the septic systems were properly approved and permitted must be provided to this office.
You are hereby ORDERED to hire a licensed Title 5 professional within (30) thirty days to provide the Health Department with a comprehensive plan to bring the Property into compliance with Title 5. You are hereby ORDERED to correct all violations of Title 5 at the Property within (30) thirty days.
Family Type Campground
The Brown property is being used as a campground which is not currently licensed which is violation of 105 CMR 440.000, State Sanitary Code, Chapter VI, Minimum Standards for Developed Family Type Campgrounds.
You are hereby ORDERED to CEASE AND DESIST further operation of a campground at the Property.
Keeping of Animals without a permit
There are total of fourteen chickens, including two roosters, being kept on the property. Mr. Brown needs to be licensed in accordance with the Brewster Board of Health Animal Regulations to continue to keep the poultry and/or any other farm animals on the property.
On July 8, 2022 and August 26, 2022, the health department did receive a complaint from a neighbor about the keeping of roosters on the property.
You are hereby ORDERED to immediately remove all chickens from the Property until you obtain a license from the Health Department as required by the Brewster Board of Health Animal Regulations.
You may request a hearing before the Board of Health relative to the Sanitary Code violations described herein within seven (7) days after service of this Order.
To the extent you are aggrieved by any orders herein relative to violations of Title 5, you may appeal to a Court of competent jurisdiction pursuant to 310 CMR 15.421.
VIOLATIONS OF THE MASSACHUSETTS STATE FIRE CODE
During our joint site visit to 2624-2628 Main Street, occurring on July 6, 2022, the Brewster Fire Department made the following observations which adequately addressed our previously documented violations of Massachusetts 527 CMR 1.00:
- Electrical extension cords that were previously supplying electricity to campers were no longer present.
- The wood burning stove that was previously observed being used in the bus has been removed from the vehicle. The bus and wood stove are still located on the property, neither appear to be in use.
During this site visit, the following additional violations were noted at 2628 Main Street:
- An emergency light was missing in the rear hallway of the second-floor apartments in the Burgess House that are reportedly being rented. Exposed wiring is present where the light once existed. (527 CMR 14.13.1)
- Storage in the rear hallway of the second-floor apartments at the Burgess House was found to be obstructing egress. Doors from apartments were not able to be opened fully and storage of miscellaneous items and furniture were found to be restricting the path of travel (527 CMR 14.4.1 and 14.4.2)
- Emergency lighting in the Fare and Just Kitchen did not function when tested. Kitchen staff were advised and agreed to make this repair as soon as possible. (527 CMR 14.13.1.1)
- Exposed electrical wire-ends were observed in the area of the basement ceiling of the Burgess House. This condition presents an immediate safety concern. (Electrical Code and 527 CMR 1.7.8)
- Electrical switch for basement lighting found to be taped to basement lally column in the Burgess House. No other means of securing or protecting the wiring or electrical switch box were present. (Electrical Code and 527 CMR 1.7.8)
You are hereby ORDERED to immediately hire a licensed professional to correct the aforementioned Fire Code violations. All such violations must be fully correct within (30) thirty days.
To the extent you are aggrieved by any orders issued herein pursuant to the Fire Code, you may appeal same to the Fire Prevention Regulations Appeals Board within 45 days of service of this Order pursuant to 527 CMR 1.10.1.1.
NOTICE OF REVOCATION OF AGRICULTURAL BURN PERMIT
Please be advised that any agricultural burn permits previously issued by the Fire Department for the Property are hereby revoked because you have not provided sufficient evidence to prove that your use of the Property constitutes commercial agriculture. Pursuant to G.L. c. 111, Section 142L, the Fire Chief does not grant permission for any open agricultural burning on the Property.
Please note that this letter has also been sent to your local address via certified mail.
Sincerely,
Beginning July 6th, Brewster Town Offices will be open to the public Monday, Tuesday, Wednesday, and Thursday from 8:30 to 4:00pm. Beach and Recycle Permits are not available in person but can be purchased online or through our mail-in program. For the latest updates on Town services, please visit www.brewster-ma.gov
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