Stephen Brown’s Responses to the Town of Brewster’s Letter on September 9th

Stephen Brown’s Responses to the Town of Brewster’s Letter on September 9th

Yesterday, September 9, 2022, we received a letter from the Brewster Building Department, and co-signed by the Brewster Health Department, and the Brewster Fire Department that has some statements that are valid and some that are completely unfounded.

It is addressed specifically to myself, Stephen Brown and no one else, even though it effect multiple people and businesses.  I post here a few excerpts from the letter with our comments highlighted:

FORCED CLOSING OF THE HERB SHOP AND FARM

“You are hereby ORDERED to CEASE AND DESIST further retail use of these additions”  

GCTV ( Great Cape Tiny Village ) : THESE “ADDITIONS” ARE THE HERB SHOP and the production laboratory. And if the Great Cape Herbs shop is forced to close, then so must the farm, which grows the medicinal plants that the shop uses to make its products. 

Four people have instantly been put out of work and must seek Unemployment Insurance benefits. And the Great Cape Herb shop is ordered to be  closed to thousands of walk-in customers who depend upon our plant medicines and herbal products. We will continue to try and take internet orders until such time as we are able to open our doors again.

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.

GCTV : This sign was fully approved around 1986 as a “changeable copy sign” by then-building inspector David Thyng. It deteriorated over the past 38 years ( are you shocked ?!?), sat on the ground unlit for over a year, and was finally  re-built / replaced/ re-lit by myself (Stephen) with the present sign for which we have received many compliments. 

Building Permit #20-489 ( for an ‘agricultural building’) is hereby revoked pursuant to 780 CMR 105.6 because the building permit was issued in error.

GCTV : How would you feel if you were building your new house and after 2/3 completion the Building Agent told you that you had to STOP ( called a “stop order”) because they had issued the permit in error ?!?  Nuff said.

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.

GCTV : Around 2014 a massive Title V septic system was installed to service

1. the Herb Shop / Snowy Owl Coffee building

2. my personal farmhouse

3. a huge, 35,000 cubic foot “collaborative health center” including first floor retain units and at least 4 offices on the second floor.

Complete plans, including size and capacity, for this $45,000 system are held today by the Brewster Building Department, the Brewster Planning Board, The Brewster Appeals Board, and the Brewster Health Department. 

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.

GCTV : There is NO “operation of a campground” on the property ! 

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. You are hereby ORDERED to immediately remove all chickens from the Property

GCTV : First of all, the chickens do not belong to me. They belong to a friend and his two young daughters. I provide the space for the chickens to be kept but neither own nor care for them. 

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. 

GCTV : this is priceless !  I have owned and operated a “farm” since the day I opened Eastleigh Nurseries in the Spring of 1973,  after having been granted a variance by the Town of Brewster Appeals Board to own and operate a nursery anywhere on the property. The property has operated as a farm continuously for 49 years and four months. We have a vineyard, orchards, berry patches, medicinal plant gardens, and an arboretum. WHAT is not a farm activity ?!?  Further, I have bought this $10 “agricultural burn permit” for decades and used it every year for decades. Our former Fire Chief, Roy Jones ( R.I.P. Roy…), fully recognized this agricultural use of the Great Cape Tiny Village property. How is it that the new chief, who has been in command for many years now, does not now support this farm activity ??

NOW WE COME TO THE HOUSING     Wow…

There is a “housing emergency” happening on Cape Cod right now. This goes beyond the usual term “housing crisis”— it is an immediate EMERGENCY. All of Cape Cod knows this.  

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. 

GCTV : This is the private home of Stephen, and we, indeed,  have in-hand the occupancy permit for this house which was issued by the former building inspector Victor Staley on his last day in Brewster before retiring from the position. It is listed on the property card, and taxes are being paid on that structure.

The red cottage located adjacent to the Herb Shop complex ( Stephen’s private home) is connected to the existing septic system and is recognized as a one-bedroom dwelling….. the window in this ( back) room may not be considered a full egress window.

GCTV: Doesn’t that contradict the other statement about this building?

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.

GCTV : These units are NOT Accessory Commercial Dwelling units, as they do not have kitchens as defined by Brewster by-laws. They are bedrooms for Short Term Rentals (STR’s)

1. “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.”

2. 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 immediately CEASE AND DESIST any occupation and/or rental advertising of the Gray Cottage until such time as a Certificate of Occupancy is issued. 

GCTV : this is the “nap shack” of the owner, Stephen

The basement ( or the Burgess House ) does have a permitted bathroom; however, the basement is not deemed habitable space.

GCTV : Does this mean that you are only allowed to have a basement ‘convenience bathroom’ or office bathroom if your basement is a habitable space ? 

Five campers remain on the property with confirmation of at least one camper being used for human shelter;

GCTV : right. One camper is a mini pop-up slide-on for my little Toyota Tacoma pickup truck. One is a “junker” Lance slide-on camper which we are trying to sell and remove. One is a “5th wheel” camper, also for sale and removal. One is another 5th wheel camper that is the home to a family of three. Another slide-on camper is a “junker” and now used for parts (unless anyone want to repair it…).