Tree House Brewing Company



BRIMFIELD - A small craft brewery, which has built success one 2-liter jug at a time over the past year, is now suing the town where zoning officials can't agree on whether the operation, permitted by the state, is legal.

Tree House Brewing Co. is is suing the town, along with one of its residents, following a recent Zoning Board of Appeals decision prohibiting the brewery from operating in a residential-agricultural zone. The operation had been previously approved by the building inspector, and the Planning Board also said it complied with town zoning laws.

The brewery remains in operation pending the appeal.

Records show that Boston attorneys Zachary Berk and Peter Brooks, of the law firm Saul Ewing LLP, filed the case in state Land Court on behalf of Tree House.

Defendants named are the three ZBA members, chairman Michael MacFadden along with Judith Carpenter and Kimberly Adams.

Tree House Brewing Co. is also suing town resident John R. Mortarelli, whose property neighbors the brewery.

Tree House Brewing Co. opponent John R. Mortarelli who filed the appeal with the Zoning Board of Appeals speaking at recent hearing; at left is ZBA chairman Mike MacFadden

Mortarelli appealed a March decision by the town’s building inspector to the ZBA. The building inspector determined the brewery’s operation in the residential-agricultural zone is permissible.

But the ZBA overruled the inspector following a lengthy public hearing that occurred over four days lasting several hours. The ZBA took testimony and deliberated during meetings on May 30, June 5, June 19 and June 26.

Tree House Brewing Co. is owned by Damien Goudreau, Dean Rohan, Jonathan Weisbach and Nate Lanier.

Owners Jonathan Wetsbach, left, and Damien Goodreau, are shown here in the brewery at Tree House Brewing Co. in Brimfield.

The owners said the state issued them an operating permit – a farmer-brewery license. Other town boards gave them permission to run the business, they said, and they take pains to minimize the negative impact the brewery has on their neighbors.

The microbrewery owners say they produce between 100 and 300 gallons of beer weekly. A portion of the ingredients are grown at their St. Clair Road property. Beer buyers drive to Brimfield to purchase beer at the home of Goudreau twice a week - on the two days the establishment is open for business.

The brewery is currently open on Thursdays from 5:30 to 8 p.m. and Saturdays from 11 a.m. to 6 p.m.

Planning Board Chairman Janet Elmore told the ZBA the business complies with local zoning. She also told the ZBA that trying to close the brewery would subject Brimfield to litigation.

The ZBA’s written and certified decision on July 11 states that “The Tree House Brewery, L.L.C. retail operation at 63 St. Clair Road, Brimfield, selling beer, glassware, tee shirts and other miscellaneous beer-related materials is in violation of local zoning bylaws, and is detrimental to the neighborhood. The possession of a Farmer-Brewery License from the Commonwealth of Massachusetts does not, in any way, supersede local regulations.”

Records show attorney Berk filed an affidavit of compliance on Aug. 13. A case management conference is scheduled for Sept. 30. Berk filed the case on July 29.