Great Cape Co-op Files Appeal With Brewster Zoning Board of Appeals
Yesterday, Friday October 6th The Great Cape Co-op filed an appeal with the Brewster Zoning Board of Appeals in response to the letter from the Town of Brewster sent by Davis Walters on September 9th, 2022.
We spent $300 of the money that we have received from The GoFundMe campaign to pay the filing fee. Thank you to all that have donated.
We did our best to acknowledge that there is a lot of work that needs to be done. We also expressed our confusion about some the violations that they cited in the cease and desist order.
For those of you that like to read, you will find the entire package we submitted below:
Notice of Appeal To Brewster Zoning Board of Appeals
I, David Schlesinger, clerk for and on behalf of Great Cape Coop, Inc, submit this notice of appeal to the Brewster zoning board of appeals in accordance with G. L. C. 40 A section 8 and 15.
This notice is being filed in regard to the Cease and Desist Order issued on September 9th 2022 by the Brewster Town building commissioner and zoning enforcement officer, Davis Walters.
This notice is based upon the grounds that the cease-and-desist order is severely impacting the financial stability of the businesses and operations on the property. While we realize that some of the alleged violations are clear and present, require immediate attention, and have already had action taken by us towards coming into compliance, some of them are either unsubstantiated or inaccurate.
The September 9th letter we received is based upon an earlier letter from Davis Walters sent on April 29th 2022. Upon digging into this more we found that correspondence between Stephen and Davis goes back to early February 2022.
In this notice I will do my best to address violations 1-9 as seen in the April 29th letter, and in the section following I will address additional complaints and notes from the September 9th letter. We have found the letters to be rather confusing as some of it appears contradictory or inaccurate as to what is taking place on the property so please bear with us as we do our best to work with you to clarify and rectify these complaints.
The Great Cape Coop is in the process of taking over the management of the property and we intend to purchase the property from the Brown Realty Trust within the next year. We are continuing to perform community outreach and involvement regarding our plans and intentions.
In addition to giving a copy of this to Davis Walters, I am also giving a stamped copy of this notice to Peter Lombardi (agent of Brewster Select Board), Amy L. Von Hone (Brewster Health Director), and Chief Robert Moran of the Brewster Fire Department. All of these branches are either directly or indirectly involved in this cease-and-desist order.
It is our intention to work in good faith together to go through this list of violations and address each one appropriately so as we (Great Cape Coop) take over management of the property we can work towards being in good standing with the town.
Violations 1-9 from the April 29th letter:
1) Regarding the The upstairs rental units at the Burgess House at 2628 Main Street complaint no certificate of occupancy and not approved for ADU / ACDU use:
As per the cease and desist order, we have temporarily removed the units from AirBnb listing service while we figure out what the premises are permitted for. We need clarification on what the proper use of them is, and work towards getting them properly certified and permitted.
2) Regarding the complaint of restaurant space lacking the proper LSR special permit:
The tennent cleared up this violation by producing the necessary permits to the town the following week.
3) As we understand it the campers on the property have been a point of discussion since before Davis took office as the building commissioner in place of Victor Staley. Victor had found conflicting bylaws when it came to the campers and we are told he wrote a letter going into detail about the discrepancies about the bylaws. Davis has been firm that they are not permitted. This is definitely a violation that needs to be cleared up and we hope the Co-Op can help the people affected by this violation to continue to be able to have a place to live in Brewster. There is a housing crisis for long-time residents that can no longer afford to live in Brewster and we would like to see steps taken towards more housing inclusivity for lower income families and individuals. Stephen has not been operating a “campground,” he has allowed people to stay on his property when they were in need.
4) Regarding the herb shop expansion zoning complaint:
The property card clearly states that the building is 100% retail, all additions are included and it states in the section for building comments: “The Herb Shop.” This unwarranted closure has permanently affected the credibility of our business, resulting in damages including lost revenue and immense distress.
5) Regarding the complaint of the required yard setback for the red cottage:
The closest corner of the Red Cottage listed on the property card as a 1 bedroom Cott/Bungalow is closer to 50’ than 25’ from the property line. It is in compliance with all yard setback restrictions.
6) We have been removing unregistered cars and buses from the property. The blue station wagon, the white Audi, and the green bus are no longer on the property. We will continue to keep doing our best to keep vehicles in good standing if they are to stay on the property.
7) Regarding complaint of lacking building permits / occupancy certificates / inspections:
We are still unclear exactly which structures on the property had been categorized as such between the two letters. In the September 9th letter the “Gray Cottage” is identified as the structure in question. Its use has been Stephen’s shed used for recreational purposes and is not occupied at this time and has never been rented out. The Co-op is unclear on how to deal with this as the Co-op intends to lease Stephen a lifetime estate on the property, and he will likely take ownership of this structure during and after the transition.
8) Regarding flood zone standards / converted sheds complaint:
We need more guidance on this one and it is only referred to in the September 9th letter in reference to the red cottage which has a certificate of occupancy and is on the property card as a 1 bedroom cott/bungalow.
9) Regarding the complaint of the sign in front of the Burgess House:
This is Fare and Just Kitchen’s Sign and as far as we know the tenant does have a permit for the sign.
Added violations and notes from the September 9th letter:
The “Gray Cottage”: This will be Stephen’s responsibility as he will have a lease on the land where the Gray cottage sits and will retain ownership of the structure.
We have found two conflicting statements about the red cottage and its alleged recognition of being a permitted 1 bedroom dwelling. It is clearly listed on the property card as a permitted “1 bd cott/bungalow” and Stephen has been paying taxes on it for years.
Additionally, it has only ever been advertised as a one bedroom dwelling, and we are confused as to why there is a complaint about the size of the rear room egress window when there is an exterior door next to it. Regardless, we have in good faith removed the red cottage from rental listings, and it has remained unoccupied.
The September 9th letter gets confusing when it states the following because Violation 2 was only about the commercial kitchen and was cleared up almost immediately – we are unclear if this entire section included in italics was in reference to violation 2.
“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.”
It is unclear which areas are being referred to for these remodels and absent inspections. We intend to work amicably with you to address any concerns here.
“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.”It is to be noted that we are working on fixing a ceiling leak in this area and we will patch it back up once the leak is fixed.
“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”
We are working with Coastal Engineering to obtain an egress inspection and we are awaiting structural engineer call-back, and were given a timeframe of 3-5 business days for them to contact us for further scheduling. Their inspectors are booked out 8-12 weeks for inspections.
We intend to research our options for permitting and certifying our rental spaces properly.
We are working with an electrician to bring the basement wiring into compliance and we would like to review the half bath permit and explore options for permitting the existing full bath.
The family residing in the camper has found other options for residence and all the campers in the front of the property will be removed.
The sign that is on the property edge on 6A: The application has been submitted to both the Building Department and the HDC, and along with this application is an explanation of why we had thought that the “new sign” was simply a rebuild of a “changeable copy sign” approved around 1986 by both Building Department and the HDC.
As you can see there is a lot to sort through here and we are doing our best to work towards being in good standing with the town. We realize we did not address everything in the letter and are not even sure which appeal process is right for all the violations. I believe the health department violations are a separate matter and we might need to address those in a court of law unless we can come to some type of understanding of how to proceed in a manner where the town will be satisfied.
The Co-op intends to have a master plan for the property in place to present to the town in the 6 months. Potential inclusions in this plan are: construction of four tiny home residences, implementing conservation restrictions to areas of the property potentially including the front lawn, the gardens, and the arboretum area. It will also include a 10-15 year vision of where the property is heading.We hope that you will work with us so we can make all this possible.
Sincerely
David Schlesinger
Clerk – Great Cape Coop Inc
September 9, 2022
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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
The Commonwealth of Massachusetts Secretary of State has determined that e-mail is a
public record
April 29th Letter:
NOTICE OF VIOLATIONS 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 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 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 requests that you allow access to all Town Officials with enforcement authority
to determine the status of compliance with the violations noted herein particularly those
which present immediate life and safety concerns.
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.
To the extent that you claim to operate a Farm Labor Camp on the Property, the Town
orders that you provide all approvals obtained from the Massachusetts Department of Public
Health pursuant to G.L. c. 111, Section 128G for operation of such a Farm Labor Camp
including but not limited to a certificate of occupancy for the camp.
Please note that use of mobile homes for housing of any farm workers on the Property is
prohibited pursuant to 105 CMR 420.133 and the Town’s Zoning Bylaw.
VIOLATIONS OF THE BREWSTER ZOINING BYLAW, MASSACHUSETTS
STATE BUILDING CODE AND UNREGISTERED VEHICLES BYLAW
• 1) Structure referred to as “Burgess House” contains at least two (2) rental units
(advertised on Airbnb) which were never approved as part of an Accessory Single-
family Dwelling Unit (ADU) which requires a special permit from the Zoning Board
of Appeals as this portion of the Property is located within the V-B Zoning District.
The Building Department only has a record of one unit being approved in this
structure. There are also no records of any required Certificates of Occupancy being
issued for any units in this structure. You are hereby ordered to cease and desist
continued rental of the units in this structure until all required permits are obtained
from the Zoning Board of Appeals and Building Department. Occupancy of
uninspected structures lacking a Certificate of Occupancy constitutes an
imminent life/safety concern requiring your immediate attention.
• 2) Burgess House has a commercial kitchen which has not received a special permit
from the ZBA as required to operate the kitchen as part of a limited-service restaurant
(“LSR”). You are hereby ordered to cease and desist further operation of the
commercial kitchen until you receive all required permits from the ZBA and Building
Department.
• 3) Campers are not permitted in a Flood Zone. See Zoning Bylaw Section 179-7(F)
(6)(a-c). A campground is a prohibited use in all zoning districts pursuant to Section
179-13(A) of the Zoning Bylaw.
• Transfer of septage from the campers on the Property violates Section 179-13(C) of
the Zoning Bylaw. You are hereby ordered to cease and desist from allowing further
occupation of any campers on the Property within 21 days of issuance of this Order.
• 4) The addition on back of Coffee/Herb Shop building was allowed by a special
permit limiting use to agricultural purposes. This building is now being used for retail
and retail storage in violation of the special permit. You are hereby ordered to cease
and desist further retail use until you obtain required zoning relief.
• 5) Structure originally permitted as an agricultural storage shed which was converted
to a cottage violates Section 179-13(D) of the Zoning Bylaw as it is located within a
required side yard setback. You are hereby ordered to cease and desist further use of
the shed structure until such time as you obtain a variance from the Zoning Board of
Appeals or record a plan at the Registry of Deeds lawfully combining 2624 Main
Street and 2628 Main Street.
• 6) All unregistered and dilapidated cars, trailers and buses on the Property in excess
of one unregistered vehicle violates the Town’s Unregistered Vehicles Bylaw Section
168-4. Operation of an automobile graveyard use is also prohibited by Section 179-
56(B)(8) of the Zoning Bylaw. You are hereby ordered to forthwith remove all but
one unregistered vehicle and/or trailer from the Property.
• 7) A review of the records of the Building Department has revealed that several
structures on the property were constructed without required building permits and/or
are being occupied without a Certificate of Occupancy. The construction and
occupation of such structures without these permits constitutes a violation of the
Massachusetts State Building Code. You are hereby ordered to cease and desist
further occupancy of these structures until such time as you obtain all required
permits from the Building Department. Occupancy of uninspected structures
lacking a Certificate of Occupancy constitutes an imminent life/safety concern
requiring your immediate attention.
• 8) Sheds which have been converted into dwelling units must be designed in
compliance with FEMA Flood Zone standards. See Zoning Bylaw Section 179-7(D)
(1)(a).
• 9) Sign on building (Burgess House) never received a permit from the Building
Department or Old King’s Highway Historic District Committee as required by
Zoning Bylaw Section 179-20(A).
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.
VIOLATIONS OF MASSACHUSETTS STATE SANITARY CODE MINIMUM
STANDARDS OF FITNESS FOR HUMAN HABITATION (105 CMR 410.000),
TITLE 5 (310 CMR 15.000), AND BREWSTER BOARD OF HEALTH
REGULATIONS
- Campers being used for human habitation on the property violate 105 CMR 410.430:
Temporary Housing Allowed only with Board of Health Permission. 105 CMR
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 V5). (See 105 CMR 410.840.) In dwellings that are compliant with the
requirements of M.G.L. c. 186, § 22, the owner may charge the occupants for the cost
of sewer service in accordance with M.G.L. c. 186, § 22.” - 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
The aforementioned Sanitary Code violations present immediate life and safety
concerns for the individuals inhabiting the campers at the Property. You are hereby
ordered to remedy these violations within 24 hours of receipt of this notification. - If there are ten or more chickens or one rooster on the Property, you will require a
license from the Board of Health in accordance with the Brewster Board of Health
Animal Regulations. - A review of the Board of Health’s records relative to the septic system on the
Property reveals serious concerns about the capacity of the current system relative to
the current usage of the Property. You are hereby ordered to provide a 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 existing septic systems were properly approved and permitted. Submittal of a
septic application with a redesigned system to accommodate the current usage of the
Property will be required within thirty (30) days of receipt of this notification if proof
of engineer certification is not provided.
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.
The Fire Department has observed the use of extension cords providing electricity to
campers at the Property. The use of extension cords to provide electricity to the campers on
the Property is a violation of the Fire Code.
527 CMR 11.1.5.5 Extension cords and flexible cords shall not be affixed to structures;
extend through walls, ceilings, or floors, or under
doors or floor coverings; or be subject to environmental or
physical damage.
527 CMR 11.1.5.6 Extension cords shall not be used as a substitute for permanent wiring.
You are hereby ordered to immediately cease and desist from further use of extension
cords to provide electricity to any campers on the Property. This violation presents an
immediate life/safety concern.
The Fire Department also observed the use of a wood burning stove in a bus on the
Property. The use of this unpermitted wood stove presents an imminent danger
condition. You are hereby ordered to immediately cease and desist further use of the
wood stove in the bus on the Property pursuant to 527 CMR 1.7.8. This violation
presents an immediate life/safety concern.
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.
Thank you in advance for your prompt attention and response to the above listed violations.
F. Davis Walters
Building Commissioner Zoning Enforcement Officer (508) 896-3701 ext. 1125
Amy L. von Hone, R.S., C.H.O.
Health Director
(508) 896-3701 ext. 1120
Chief Robert Moran
Brewster Fire Department
508-896-7018