Thirty-Six Unit Ocean Street Complex Stalls Over Variance Demands and Flood Risks

Key Points

  • Controversial 36-unit Ocean Street development stalled over flooding and parking variance requests
  • Modest Brewing Company proposal continued due to 12-space parking shortage and undersized stalls
  • Large industrial building on Commerce Way delayed for independent stormwater peer review
  • Residential "raise and rebuild" projects on Standard Street and Mayflower Lane approved
  • Green Harbor dock replacement authorized with new engineering certification requirements

Proposals for a massive redevelopment of the Brant Rock waterfront met stiff resistance Tuesday night as the Zoning Board of Appeals (ZBA) signaled it would not waive local regulations for a project that critics say invites flooding and parking chaos. The plan for 239-287 Ocean Street, presented on behalf of petitioner Drosopoulos, envisions a mixed-use complex featuring ground-floor commercial space topped by 36 residential units, but board members and residents alike questioned the feasibility of the density and the safety of the site design.

Attorney Jonathan Silverstein described the project as a transformative opportunity for the village, arguing that the 185 proposed on-site parking spaces would actually improve the area's chronic parking shortage. We're proposing to redevelop this property into a really iconic, beautiful mixed-use development, Silverstein told the board. We do require parking relief, but we're actually making the parking situation substantially less non-conforming.

However, the project relies on four variances and three special permits, including requests to allow ground-level residential parking in a flood zone and a building height that exceeds current limits. Architect Gary Laapore argued that adhering to the bylaw’s requirement for elevated parking would be financially ruinous. In order to make elevated parking legally work, I'd be asking you for a 35-foot height variance, Laapore said, estimating the cost of a compliant garage at anywhere between 14 and 15 million dollars.

Board members were unmoved by the financial argument, focusing instead on the legal standards for variances and the physical reality of the site’s history. Member Stephen Lynch took a hard line against the request, stating, We don't have the discretion to violate the variance laws. If you bring us a project that fits within the guidelines, I would certainly approve it. But right now, you don't. I'm not going to vote for any variances.

Concerns regarding public safety dominated the remainder of the discussion. Member Eric Murphy challenged the developer's plan to keep cars at ground level, recalling the area’s history of severe inundation. Imagine 100 cars at 2:00 in the morning all trying to leave at the same time, E. Murphy said. There's a reason why the flood procedure was put into place for parking. This is not an area where you can park 200 cars on the ground and pretend it doesn't flood. Resident Eric Murphy supported this point by presenting photographs to the board showing past flooding at the site where cars had to be rescued by the Fire Department.

Public officials also raised logistical hurdles. Beach Administrator Cindy Castro questioned the impact of the new residents on local resources, noting that the nearby esplanade is already at capacity during weekends. Diane Jordan of the Board of Public Works expressed concern about the impact of the development’s stormwater runoff on the local seawall and sewer capacity. Motion Made by B. Murphy to continue Case 2620 to June 23, 2026, to allow for peer review and written responses to variance questions. Motion Passed (5-0).

Earlier in the evening, the board also hit the brakes on a new brewery and restaurant proposed for 25 Dyke Road. Andrew Gdman of Modest Brewing Company presented plans for a 78-seat taproom, but Town Planner Andrew Stewart quickly flagged a major parking deficit. While the bylaw requires 22 spaces for the combined restaurant and retail use, the plan provided only 10, all of which were undersized at 9 feet wide instead of the required 10 feet. Gdman suggested patrons could use public beach parking, but the board remained skeptical. I'm big on the parking, E. Murphy noted. It seems like all we're doing is taking away parking in Brant Rock. I can't see 10 parking spaces being enough for 78 seats. S. Lynch added that the proximity of the spots to the road was a safety hazard, asking, What's the distance between the back of that to the fog line on the street? That's crucial because that's a real busy area. Motion Made by B. Murphy to continue Case 2624 to May 26, 2026. Motion Passed (5-0).

A third major project, a 16,000-square-foot industrial building at 125 Commerce Way, was also delayed for further study. Brandon Lee of Kelly Engineering described the site as a construction industry supply hub, but Town Counsel Bob suggested that the project’s independent stormwater system required a specialist's eyes. Most of the lots that are up there in the industrial park are being discharged into the main system and this one's on its own, he noted. I think you need to have Pat Brennan check the stormwater calcs. Motion Made by B. Murphy to continue Case 2623 to June 9, 2026. Motion Passed (5-0).

The board did find common ground on several smaller residential applications. Kenneth McKim secured a permit to replace a failing dock at 122 Marginal Street. McKim told the board, We have a mess that needs to be replaced and fixed to make it usable. So you don't feel like you've been drinking all day long just trying to walk to the end of it. Counsel requested an as-built certification upon completion to ensure the dock adheres to setbacks. Motion Made by B. Murphy to grant the special permit for Case 2622 with conditions. Motion Passed (5-0).

Rick Savant of Stenbeck & Taylor successfully navigated two raise and rebuild projects through the board. Peter Denalt received approval to replace a cottage at 203 Standard Street with a flood-compliant elevated home. Stewart clarified that because the property is a corner lot, the owner had the right to select Concord Street for their frontage. Motion Made by B. Murphy to grant the special permit for Case 2619. Motion Passed (5-0). Additionally, Lorine Flahe was granted a permit for a two-story addition at 110 Mayflower Lane. Savant noted the project is staying within the footprint of the existing non-conforming home. Member Larry Keane questioned the status of a side deck, but Savant confirmed it had been recently permitted and rebuilt. Motion Made by B. Murphy to grant the special permit for Case 2621. Motion Passed (5-0).

Chair Brian Murphy, opening the meeting by welcoming attendees to the hybrid session, later characterized the evening's intense debate as occasionally featuring rude behavior from participants. Other board members present and voting throughout the session included Grover Hensley Jr., Mack Brothers, and Jean Lee.