Tree House Brewery Hit With New Legal Challenges

Tree House’s proposed business is located within a flood zone and a protected coastal wetland resource area, Mr. Bailey said in his letter to the state public safety office’s board of appeals.

Mr. Bailey said he is bringing the complaint on behalf of four couples who live on Freeman Avenue, which is adjacent to the proposed taproom and beer distribution site.

The renovation of the former Drunken Seal restaurant represents a “substantial improvement” and therefore must follow updated zoning and building code requirements, such as elevating the building out of the flood plain, Mr. Bailey said.

Mr. Bailey makes similar points in his letter of complaint to ConCom and adds that the proposed renovations on the building and the area around it are taking place on protected wetlands within the required 100-foot buffer—without approval from ConCom.

The attorney submitted photos that show concrete has been poured within the 50-foot buffer zone protecting the dune and that heavy equipment has been operating within a protected species habitat area, among other allegations.

Copies of the complaint were also sent to the state Department of Environmental Protection and the Massachusetts Natural Heritage & Endangered Species Program.

Natural Resources Director David J. DeConto said on Thursday he could not comment on the pending complaint to ConCom. Sandwich Building Commissioner Brendan W. Brides also declined to discuss the legal points made by Mr. Bailey.

Mr. Brides did say, however, “I am confident in my determinations,” that Tree House should have been granted a building permit and allowed to build and open its new business.

Mr. Bailey has also filed a complaint with the Sandwich Zoning Board of Appeals. The ZBA is expected to hold a public hearing on the matter later this month.

In a related development, Michael Sullivan, a neighbor of the proposed brewery site, filed an open meeting law complaint on Thursday with the town clerk’s office.

In it, he alleges that a recent public hearing held to discuss Tree House Brewery’s liquor license request, viewers were unable to follow the proceedings because the video cut out in the midst of the meeting.

Mr. Sullivan was referring to the live stream of the April 15 meeting aired by Sandwich Community Television on a variety of platforms.

“The failure commenced as the Tree House representatives were explaining their plan for the property and continued until that presentation had, or had nearly, ended. During the time of the failure, it appears that plans for parking and the lack thereof, anticipated noise and unruliness issues and the like, hours of operation and related issues of interest to the public were discussed,” Mr. Sullivan wrote.

“This portion of the meeting ended with a unanimous vote to license the Tree House operation. Thus, there was no effective public participation.”

Mr. Sullivan asked that the vote be rescinded and the meeting rescheduled.

In a response to that complain, Assistant Town Manager Heather B. Harper sent an email to Mr. Sullivan, regretfully apologizing for the technical difficulties. However, she stated that the town made its best effort to provide the public an opportunity to take part in the hearing and that in doing so, lived up the state’s current open meeting law requirements.

The neighbors have objected to Tree House Brewery’s plans, which include a taproom, curbside retail sales of its signature beer, a beer garden and food trucks.

They are concerned that noise and traffic will disrupt their beachside neighborhood.

Tree House Brewery principals have said they will carefully control crowds and traffic.

“We’ve worked closely with town officials for months and conducted work in a conscientious manner consistent with our ideals,” said Tree House Founder Nate Lanier in an emailed statement. “We are certain that our application-based solution for minimizing and controlling customer flow will create a relaxed and inviting experience, which is our absolute priority.”