HomeMy Public PortalAboutPlanning Board Packet 05/27/20 supplemental SUPPLEMENTAL PACKET
MAY 27 , 2020
BREWSTER
MA
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PLAN BOOK 372 PAGE 72
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MADE BY
J . M . O' REILLY & ASSOCIATES, INC.
I 1573 MAIN STREET, P.O. BOX 1773
I BREWSTER, MASSACHUSETTS 02631
PHONE: (508) 896-6601
WWW.JMOREILLYASSOC.COM
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Brewster , MA 02631 - 1 898
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UPDATED ( 5/26/20) DEPARTMENT REVIEWS
Modification of Special Permit #2060 - P
APPLICANT/OWNER : Ocean Edge Resort LLC
REPRESENTATIVE : Thomas J . Devane , Jr.
MAP/LOT : Map 90 , Lot 160 (formerly Map 14 , Lot 1 )
PROPERTY ADDRESS : 2907 Main Street
Received from .
Building Department Comments received from Victor Staley, Building Commissioner
• The Massachusetts State Building Code Section 3102 recognizes membrane structures (tents)
as temporary structures so long as they are not erected for a period of more than 180 days in a
calendar year. Permits are still obtained and evidence of fire rated material is submitted and
depending upon the occupant load these tents are viewed as any other built environment
which requires egress components including emergency and exit lighting . Historically the Fire
and Building Departments perform inspections on the tents erected at this location and have
had good experiences with the staff in addressing any safety concerns .
• Realizing that this request coincides with hurricane season I will presume that Ocean Edge will
have contingency lans for dismantling if the forecast exceeds the tent design standards .
Conservation Com . Comments received from Noelle Aguiar, Conservation Administrator
• Conservation has no comments for the proposed seasonal use of tents .
Health Dept . Comments received from Amy von Hone , Health Director
• Per the current MA state Safer at Home Advisory prohibiting gatherings of over 10 People until
June 8 , 2020 with a possibility of additional extensions or modifications of the order, any large
gatherings or functions would be prohibited at this time .
• Additionally , any type of onsite consumption of food and beverage is currently prohibited .
• The approval of any type of function involving the congregation of greater than 10 people for
the future will depend on the level of restrictions that remain in place or are further promulgated
at the state or local level to be dictated by the course of the current COVID- 19 pandemic .
• If any large functions are to be allowed , each function will need to be reviewed and approved
by the Health Department to ensure compliance with state and local orders in place during the
scheduled event, including self-certification protocols as mandated by state and local orders .
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Historic District Com . Comments received from Sara Provos
• Ocean Edge submitted a Certificate of Appropriateness and will be on the May 28th HDC
Agenda .
Police Dept . Comments received from Lt . George Bausch
• The Brewster Police has no issues with this application .
Application#2060-P www, brewstermma . gov Page 1 of 1
5/26/2020
Lynn St. Cyr
From: Ryan Bennett
Sent: Wednesday, May 27, 2020 10:32 AM
To: Lynn St. Cyr
Subject: Fwd; In support of OE tent
Sent from my iPhone
Begin forwarded message:
From: Spinnaker in Brewster<spincape@hotmail.com>
Date: May 27, 2020 at 10:11:43 AM EDT
To: Ryan Bennett<rbennett@brewster-ma.gov>
Subject: In support of OE tent
Good morning, Rob DeSimone and I own Spinnaker Restaurant located at 2019 Main Street in
Brewster. This will be our fourth summer season and we have really loved being a part of the
Brewster community. We are writing today in support of Ocean Edge's request to erect a longer
term tent for weddings and events. We strongly rely on Ocean Edge for the ancillary business
that comes from their bookings. Many states have decided outdoor open-air dining is the way to
go and a tent would be supportive of this. Please accept this letter of support.
Thank you, Andrea & Rob DeSimone
SPINNAKER
2019 Main Street
Brewster, MA 02631
Phone 508.896.7644
Spincape.com
Spincape@hotmail.com
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Brewster Planning Board Public Hearing, May 27, 2020
RE: Modification of Special Permit#2060-P
Dear Members of the Brewster Planning Board,
Referring so the Modification of Special Permit#2060-P that was approved March 25, 2010,the
CONDITIONS/DECISIONS ITMES 8 and 9 speak to music at Ocean Edge. The volume level of amplified
music and the monitoring of it should be a condition of the Special Permit 2060-P.
I live at 2837 Main Street. My house does not abut Ocean Edge. There is a property in between us. I
do not know anything about sound waves but when the music volume is too loud, I get to hear
everything at Ocean Edge's functions at my home. The volume matters. The music can be so loud,even
the bass comes through my closed windows. And why should I have to close my windows during our hot
summers to drown out the noise? I do not have air conditioning. Or,the noise is so loud I am forced to
leave my house for my own sanity. I built my home in 1985. For decades I have just put up with it. But I
hate having to wait until 10 PM for it all to be over. I shouldn't have to endure this.
The worse sound comes from amplified music in the front lawn tent functions. Only in the last few years
have I called Ocean Edge to complain, asking them to think about the neighbors and turn down the
music. The managers handled me instead of lessening the volume. All pleasant, but in 101 manager
style. The decibel meters, or sound level meter checks are performed by the bands—yeah,they don't
police themselves. So, all to no relief. I was so angry during one event I stormed the castle and made
the manager walk outside and explain. She heard it but did nothing. On one side of the tent,the
mansion side,the sound wasn't a factor. On the other side of the tent,the street side,the music was so
loud I don't know how they could hear anything afterwards. It was like night and day. You could hear it
down the street, not just at my house.
The tent flaps and speakers should only open to the mansion. Not to the street, not to the sides. It
really makes a difference.
But loud music from the front lawn tents aren't the only offenders. Loud amplified music originating
from the buildings also create a noise disturbance that needs to be addressed.
Please see the attached note that indicates a sample of dates of noisy events that should have been shut
down.
I do not like complaining. Calling Ocean Edge directly has not done anything but upset me. And, I am
not calling the police—they are too busy in the summer, and I don't want to ruin the events.
My suggestion: Ocean Edge should employ someone to monitor the volume. Their managers have too
much to do. The bands like their music loud, One person to be responsible, instead of passing the buck
and not doing the one thing that should happen—an acceptable volume for all.
Ocean Edge should accommodate the neighbors. The Brewster Planning Board should make a policy to
keep the noise down. The volume of amplified music should have always been a factor.
Please help.
Thank you,
Jan Moore
Brewster Planning Board Public Hearing, May 27, 2020
RE: Modification of Special Permit#2060-P
Noise Disturbances from Ocean Edge Functions-Amplified Music was too loud.
One can only make light of this matter for so long. To say it ends at 10 PM just isn't good enough if you
have had to listen to it for hours on end while trying to do something else at your own house.
Sometimes to deal and forget about the obnoxiously loud music coming from Ocean Edge I made a note
in my calendar. To record every time I can hear music from Ocean Edge would be ridiculous.
Here are just a few of the dates I noted because the music was so loud I was either forced to close my
windows and go upstairs to the room furthest away from Ocean Edge, or I just left my house for some
peace. I have only called to complain a few times as noted.
Jul 16, 2016. The music began at 5:30 PM. I called and spoke with Manager Liz at the front desk. Did not lower the
volume.
August 27,2016. 1 called and spoke to Manager Jane Smith. Did not lower the volume.
September 4, 2016.
rs hummed to the point that forced me to leave the house.
September 20-22, 2016. Trade Show. All day,generato
Oct 1,2016.
sic was at the Bay Pines Venue. Did not lower the volume.
October 8,2016. 1 called to complain. I was told the mu
October 15,2016. 1 have a note telling me to go to the movies. I was given the heads up that they had an event
planned 3:30 PM to 8:30 PM. Yup, music was too loud when I returned, post movies.
August 5,2017. 1 was forced out of my home.
September 3, 2017. 1 was forced out of my home.
September 23,2017. 1 finally called again to complain. No tent. I was told the music was coming from the Ballroom.
June 2,2018.
August 18,2018. All Day!
September 13,2018.
June 22,2019.
July 27,2019- No tent functions.
August 10, 2019. No tent functions.
September 7,2019.
Board of Selectmen
Brewster, MA
Virtual Meeting
May 27, 2020
Dear Board of Selectmen :
Along with my neighbors I write concerning : "modification of Special Permit #2060" by Ocean Edge to
be considered at a virtual meeting on May 27 . I, too, wonder how a permit can be modified if it has
expired .
While having tents on the front lawn of the Ocean Edge Resort does not worry me, it is the problems
that accompany the tents that do worry me . More traffic is of major concern, especially if other
events are occurring at the same time .
My biggest concern though is the noise . Once there is an event held under a tent there is nothing to
mitigate the amplified music/ noise/ people /speaking on the microphone . No matter what time of
day it is very distressing, disturbing, and upsetting . We live on Cape Cod for the peace and beauty of
surroundings, not for amplified music with a loud bass beat . As neighbors of Ocean Edge I do not
think it is right that we be subjected to the annoying fall out from their special event money makers .
Please keep the complaints I have enumerated in mind as you consider permitting #2020 for the
Ocean Edge Resort .
Sincerely yours,
Carolyn Noering
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Lynn St . Cyr
From . suebob < rcor8645@aol . com >
Sent . Tuesday, May 26, 2020 11 : 18 AM
To . Lynn St. Cyr
Subject : Modification of Special Permit #2060 - P
I wish to speak against allowing this modification . We live about %2 mile from Ocean Edge and can hear their music very
clearly . We have been at this location for almost 50 years and feel that our opinion should carry some weight . If the
original special permit has expired , how is this a modification ? If not, we are still opposed to granting a nuisance permit .
Thank you .
Robert Cormier
Sent from Mail for Windows 10
1
LathamCenters
171
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May 26, 2020
Mr . Ryan Bennett, Town Planner
Planning Board
Brewster Town Hall
Brewster, MA 02631
Dear Mr. Bennett.
I am writing in support of Ocean Edge' s proposal to modify their existing Special Permit to allow for the seasonal use of
their tents from June through October . Ocean Edge has been an integral part of the Brewster Community . Not only
are they a large local employer, they are also a beautiful destination that drives business to our area .
Ocean Edge is a trusted and generous philanthropic partner to Latham Centers and other local non - profits, they truly
are an asset to all of us .
Like many in our local hospitality industry they have been dramatically impacted by the Pandemic and anything that
can be done to support their survival is an excellent investment in the future of our local hospitality industry .
I hope you will give serious consideration to their proposal .
Sincerely,
Anne McManus
President and CEO
'PTY and ASCII Users; 800.720.3480
www. lath ;uiuenlars . cnt 1508.896.5776
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1646 Main Street ( Route 6A) 14 Lots Hollow Road
Brewster, MA 026314716 , , Orleans, MA 02653 -3329
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Mr . Ryan Bennett
Town Planner
Town of Brewster Planning Board
2198 Main St
Brewster, MA 02631 May 26 , 2020
Dear Mr . Bennett .
This letter is to express the support of the Cape Cod Museum of Natural
History for Ocean Edge Resort & Golf Club 's request to modify their special
permit on seasonal use of tents from June through October . The tents are
part of their overall safety protocol in response to the Covid - 19 pandemic
and social distancing requirement .
As everyone is aware , businesses will be struggling through this year just to
keep our doors open and we will be experiencing significant revenue
shortfalls while some may not make it through the year. Any assistance the
town government can extend to helping businesses innovate while adhering
to all safety requirements will be appreciated by everyone involved .
Ocean Edge has always been a leader in problem - solving and these tents will
allow Ocean Edge to comply with the anticipated mandatory social distancing
protocol for member and guest events and outdoor dining . By granting their
request , Ocean Edge could market alternative spaces with the goal of safely
bringing visitors to Brewster . Their success is directly related to the success
of other business in town and the Museum is no exception .
Thank you for considering this letter to support Ocean Edge .
g
Dwyer
President
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869 Route 6A • Brewster, Massachusetts 02631 • (508) 896- 3867 • Fax (508) 896- 8844 • info@ccmnh . otg • www, ccrnnh , org
Lynn St . Cyr
From : rebecca smith [ mailto : rebecca . smith114 comcast . net]
Sent : Sunday, May 24, 2020 10 : 26 AM
To : Ryan Bennett < rbennett@brewster- ma . gov >
Subject : Ocean Edge Resort
Hi Ryan ,
We are Geoffrey and Rebecca Smith , owners of Aries East Gallery , 2805 Main St , and we are writing
on behalf of Ocean Edge Resort in regards to their proposal to have seasonal use of their tents on
the Mansion front lawn this year . We are in favor of their request to modify their existing Special
Permit to allow them seasonal use of the tents from June through October .
Their use of the tents is part of the Safety Proposal they are developing in response to the Covid 19
pandemic and social distancing requirements . We support this request as it will allow them to comply
with anticipated mandatory social distancing for their members and guest events and outdoor dining .
In no way do we anticipate it being a hardship to the neighboring environment .
Thank you , Ryan . Sincerely , Geoff and Becky Smith
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Lynn St. Cyr
From : Ryan Bennett
Sent: Tuesday, May 26, 2020 1 ; 15 PM
To . Lynn St. Cyr
Subject: FW: Planning Board/Ocean Edge extended tent use .
--- Original Message- ~"
From : George Noyes [ mailto : gnatcape@aol . com ]
Sent : Saturday, May 23 , 2020 8 : 24 PM
To : Ryan Bennett < rbennett@brewster- ma . gov>
Subject : Planning Board/Ocean Edge extended tent use .
Dear Ryan and Planning Board Members :
I am writing on behalf of Ocean Edge Resorts and other business owners in town that are requesting the ability to have
the number of tent functions increased .
The Covid 19 pandemic has been devastating to everyone and all businesses on Cape Cod . As we all know, Ocean Edge
Resorts is the driving force of tourism to Brewster . The town obviously derives substantial tax revenue from the resort
itself, but the trickle down effect is also quite significant . They help all businesses in town with the increased traffic from
their visitors, guests and venues .
In my opinion and I ' m sure many others, the town would be making a grave mistake in not allowing Ocean Edge Resorts
permission to extend their tent use . The short summer season has been gravely impacted and we should allow
businesses the ability to create other revenue sources . In fact, this extended tent request use should be granted on a
permanent basis going forward .
Thank you for your consideration and favorable response to this request to the benefit of all of us .
Sincerely,
Bud Noyes
JTs Seafood Restaurant
2689 Main Street
Residence : 34 Russet Road
Brewster, MA 02631
Sent from my Wad
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