HomeMy Public PortalAboutPlanning Board Packet 06/10/20 supplementalPB Minutes 05/27/2020 Page 1 of 6
Brewster Planning Board
2198 Main Street
Brewster, MA 02631-1898
(508) 896-3701 x1133
brewplan@brewster-ma.gov
BREWSTER PLANNING BOARD
MEETING MINUTES
Wednesday, May 27, 2020 at 6:00 pm
Brewster Town Office Building (virtual)
Chair Madalyn Hillis-Dineen convened a remote meeting of the Planning Board at 6:01 pm with the following members
participating remotely: Roberta Barrett, Ned Chatelain, Charlotte Degen, Kari Hoffmann, Elizabeth Taylor, and Paul Wallace.
Also participating remotely: Ryan Bennett, Town Planner and Lynn St. Cyr, Senior Department Assistant.
The Chair read the Notification: “Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of
the Open Meeting Law and his March 15 and March 23, 2020 Orders imposing strict limits on the number of people that may
gather in one place, this meeting will be conducted via remote participation to the greatest extent possible. Specific information
and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to
attend this meeting may be found on the Town’s website at www.brewster-ma.gov. For this meeting, members of the public
who wish to listen to the audio broadcast may do so via the Town of Brewster website at http://livestream.brewster-ma.gov or
on Channel 18. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure
the public can adequately access the proceedings in real time via technological means. The Town has established specific
email addresses for each board and committee that will be meeting remotely so that residents can send their comments in
writing either before or during the meeting. For this meeting, please send comments to planningboardmeeting@brewster-
ma.gov. The packet for the May 27, 2020 meeting can be found at: http://records.brewster-
ma.gov/WebLink/0/fol/118269/Row1.aspx. In the event we are unable to live broadcast these meetings, despite best efforts,
we will post on the Town website an audio recording, transcript, or other comprehensive record of proceedings as soon as
possible after the meeting at http://tv.brewster-ma.gov.”
6:04 PM PUBLIC HEARINGS
Modification of Special Permit #2060-P: Applicant/Owner: Ocean Edge Resort LLC. Representative: Thomas J.
Devane, Jr. for property located at 2907 Main Street and shown on Assessor’s Map 90, Lot 160 in the Residential Medium
Density (R-M) zoning district. The Applicant requests to modify Special Permit #2060-P to allow for seasonal use of tents
on the property from June 1, 2020 through October 31, 2020, pursuant to §179-51 of the Brewster zoning bylaw.
Documents:
03/24/10 Modification Decision to Special Permit #2060-P
04/15/20 Planning Board Application with tent plan
05/08/20 Letter from Greg Ohanesian
05/23/20 Email from Bud Noyes
05/24/20 Email from Geoff and Becky Smith
05/26/20 Letter from Anne McManus
05/26/20 Email from Robert Cormier
05/26/20 Letter from Robert Dwyer
O5/26/20 Updated Department Review Comments
05/27/20 Email from Andrea & Rob DeSimone
05/27/20 Letter from Carolyn Noering
05/27/20 Letter from Jan Moore
05/27/20 Sketch of Land Showing Proposed Tents
05/27/20 Sketch of Land Showing the 2010 Two 70’x120’ Tents as Conditioned by the Planning Board
05/27/20 Sketch of Land Showing the 2020 Proposed Two Tents at One 70’x120’ and One Smaller Tent
05/27/20 Letter from Ocean Edge 1 Homeowner’s Association
05/27/20 Email from Stuart Bernstein
05/27/20 Email from Jan Moore
05/27/20 Email from Doug Barker
05/27/20 Email from Karen Reardon
05/27/20 Email from Carolyn Noering
Approved:
Vote:
PB Minutes 05/27/2020 Page 2 of 6
Barrett recused herself from this application and did not participate in the hearing.
Motion by Hoffmann to Open the Public Hearing on Modification of Special Permit #2060-P. Second by Taylor. Vote:
Hoffmann-aye, Degen- aye, Chatelain, aye, Taylor-aye, Wallace-aye, and Hillis-Dineen-aye. Vote: 6-0-0.
Thomas Devane, Project Director, Attorney John Mostyn, Attorney Michael Ford, and Robert Newman, General Manager
were present on behalf of the Applicant. Devane summarized the Applicant’s request to have seasonal use of two tents on
the front lawn of the mansion from June 1, 2020 – October 31, 2020. Devane noted that currently the Applicant may use the
tents for 11 events during the season for five days at a time. As part of their safety protocol and to follow current social
distancing requirements as a result of the COVID-19 pandemic, the Applicant would like seasonal use of the tents for
member events, guest events, and outside dining. Devane stated that use of the tents will also need to be reviewed by the
Brewster Health Department and Historic District Committee. Devane stated that the Applicant will be vigilant in compliance
with the Town’s requirements for noise decibel levels and hours of operation. Devane stated that he reached out to the
Police Chief who searched records back to January 2019 and did not find any noise complaints registered with the police for
the Ocean Edge mansion property. Devane also reached out to the Building Department and found that one noise complaint
had been filed but the Zoning Enforcement Agent determined that the noise did not come from Ocean Edge. Devane noted
that the seasonal use of events will not only help Ocean Edge but area partners who rely on business generated from events
at Ocean Edge.
Hillis-Dineen asked for clarification on the use of the tents and Newman responded that the tents would be used for weekly
events for club members, weddings, group business such as banquets, and guest dining. Hillis-Dineen asked if tents will be
used seven days per week for June – October time period. Newman stated that the tents would be available for seven days
per week but in reality will not be used every day. Hillis-Dineen asked about music at weddings and noted noise concerns
from neighbors. She suggested music end at 9 pm instead of 10 pm. Hillis-Dineen also asked if there would be music at the
anticipated Friday night events and Newman stated that there typically would not be but there is entertainment at other
locations throughout the property. Newman stated that it is possible that a solo entertainer may perform at a Friday night
event in the tent. He further stated that the Applicant will comply with the 10 pm requirement to end music and typically
music concludes at 9:55 pm.
Hoffmann asked for clarification on events that take place on Fridays. Newman responded that Friday events may include
member events but may also include events such as rehearsal dinners for weddings or dining for guests. Hoffmann asked if
events typically held at the Lynx Tavern could be held at a tent near the Lynx Tavern instead of in the front lawn tent.
Newman stated that there is a tent outside of Lynx Tavern used for small events. The tent capacity is normally 100-125
people. Newman described other venues on property including a fine dining restaurant, pub, and pavilion. Hoffmann asked
if tents on front lawn will be used once inside facilities can be used again and Newman stated that they will attempt to use
indoor facilities but it is dependent on what customers would like to use. Hoffmann stated that noise especially music was a
concern for neighbors and asked Newman to speak to mitigation of noise. Newman stated that typically music at an outside
venue such as the tents is concluded at 10 pm and that is a condition in all the contracts signed by customers. Management
is involved in insuring compliance. Newman stated that there will not be two groups on the front lawn with music at the same
time. Newman explained that for a wedding one tent would be used for guest seating with a dance floor and stage and the
second tent would be used as a kitchen staging area. If tents are being used for group business it is possible that one tent
would be used for presentation and the second tent would be used for meal service. Another possible set up could be with
one tent used as a dining area where guests could order from an a la carte menu with the second tent being used as a
kitchen staging area. Devane stated that currently the Applicant is allowed two large tents and they could have two events at
this time. Devane directed the Board to the sketch plan provided showing a large tent and a smaller support tent. Devane
stated that the tents are not permanent.
Degen asked the Applicant to speak to the site design and set up including how tents would be lighted, how electricity would
be provided, walking pathways, and bathroom facilities. Newman responded that where possible one way pathways would
be set up for social distancing purposes and there would be one entrance and one exit. Newman stated that given reduced
occupancy numbers and unless a wedding contract includes private restrooms, the mansion bathrooms will be utilized for
tent events. Newman stated that some wedding parties do request private bathrooms which are generally screened with
landscaping. There is currently no lighting or generator plan. Newman stated that in the past lighting and generator use has
been safe and has been inspected by the Town. Degen expressed concern about the number and frequency of generators
that would be used and noted a concern for the noise the generators would create. Degen asked the Applicant to do some
further planning on how to address these support noises.
Chatelain stated that broadly speaking he is supportive of this application. He noted noise concerns raised by neighbors.
Chatelain stated that this is not a new use but has the potential of intensifying the current use. Chatelain asked the Applicant
PB Minutes 05/27/2020 Page 3 of 6
to speak to some of the concerns raised regarding noise and bathrooms. Newman responded that bathrooms were shielded
from street by landscaping when private bathrooms are requested but weddings also use the bathrooms available in the
mansion. Group meetings use the indoor restrooms for the most part. Newman stated that a generator’s humming noise
can be heard up close and he has no knowledge of generator noise causing discomfort to neighbors. If the noise was too
loud, it would not be good for the event. Newman stated that there have been numerous events on the front lawn and he is
aware of a complaint filed in August 2018 in which the noise complained about did not come from Ocean Edge. He stated
that the police department has not received any complaints over the past two years. Newman stated that the Applicant has a
protocol to be followed for noise complaints. He has given his direct line to neighbors to call him if there are any issues.
Taylor stated that she thinks the generators will be okay as far as noise production but she is concerned with amplified music.
Taylor asked the Applicant if amplified music was necessary and Newman responded that customers generally preferred
amplified music. Newman stated that side curtains are used for mitigation at certain times during the events. Taylor asked if
sound barrier curtains used at other venues on the property could be used on the front lawn tents and Newman responded
that the front lawns tents were not constructed to support that type of curtain. Taylor clarified the various tent plans submitted
and that two tents only are being requested. The Board reviewed the two tent plan provided by the Applicant. Taylor asked
where generators would be placed if needed. Newman stated that this summer he does not see generators being used but
for large events they are generally located to the south of the tent by the large tree or closer to the paved valet area. Taylor
requested the amplified music to be kept down. Wallace requested that the Applicant provide an updated plan showing the
location of bathrooms and generators as well as dimensions for the smaller tent.
Hillis-Dineen stated that Degen will read in one letter received from the public and will also summarize additional public
comment received. Hillis-Dineen stated that copies of public comments are available by request to the Planning Department.
Degen read department reviews into the record. Degen read a letter dated May 27, 2020 letter from Ocean Edge 1
Homeowner’s Association into the record. The letter was submitted by Karen Reardon, Stephanie Athanasoulas, Mary
Briggs, John Doyle, and Douglas Barker.
Devane stated that the Applicant has spent a considerable amount of time with the Ocean Edge 1 Homeowner’s Association
and that the most recent plan submitted was a result of those conversations.
Degen summarized additional public comment received including opposition due to noise, use of generators, amplified
microphones, music, traffic, size of events and range of events. Letters of opposition came from the five members of the
Ocean Edge 1 Homeowner’s Association (letter read into the record), Carolyn Noering, Robert Cormier, and Jan Moore.
There were letters of support acknowledging that Ocean Edge is a destination that brings people and business to the area
and that their application would help bring business not only to Ocean Edge but to other area businesses suffering due to the
COVID-19 pandemic. Letters of support came from Robert Dwyer of Cape Cod Museum of Natural History, Geoff and Becky
Smith of Aries East Gallery, Bud Noyes of J.T.’s Seafood, and Andrea and Rob Desimone of Spinnaker.
St. Cyr stated that two additional emails had been received during the meeting from Stuart Bernstein, President of Ocean
Edge 2 Homeowner’s Association expressing concern over parking, traffic, and one lane being used for entry and exit from
the property. Jan Moore sought clarification via email on the number of events that would take place and the volume of
amplified music and how that would be handled.
Hillis-Dineen stated that she believed the Applicant is not sure how many events would be taking place at this time. Hillis-
Dineen suggested restrictions on the noise. Hillis-Dineen suggested a condition that there be no amplified music after 9 pm.
Hillis-Dineen also thought amplified music could be used only on the weekend but is not sure that will work for Applicant.
Chatelain stated that he is sympathetic to the neighbor’s concerns regarding music but is encouraged by the fact that there
have been no noise complaints to the police in two years. Bennett noted that in addition to enforcement of general bylaw
noise standards because the special permit states that amplified music must end by 10 pm, Victor Staley has some
enforcement authority.
Wallace suggested the Board include a condition limiting the number of times per year amplified music could be used.
Degen noted that Jan Moore provided a summary in her letter of the number of times she complained to Ocean Edge about
noise and not the Brewster Police.
PB Minutes 05/27/2020 Page 4 of 6
Devane noted that there have been no noise complaints filed with the proper town authorities. He further stated that the
Applicant complies with the 10 pm time restriction and noise decibel levels required. Newman offered to meet with any
residents that have noise complaints.
Hoffmann asked the Board to further discuss limiting amplified music events. Hoffmann asked when events would begin in
the tent and Newman stated he assumed no weddings would take place in June and July but they are taking inquiries for
smaller weddings and other non-wedding events prior to August. Degen and Chatelain agreed with limiting the number of
events with amplified music. Devane stated that the tents are erected in a few hours so are typically in place for 5 days at a
time, 55 days total over 11 events.
Hillis-Dineen read the tent conditions from the 2010 permit into the record. The Board discussed a formula for allowing a total
number of amplified music events. Degen confirmed with the Board that they would allow the tents to be up continuously
from June to October 31, 2020. Bennett asked the Applicant to provide more information on when amplified music would be
used. Newman responded that there was no intention to have live amplified music 7 nights per week. He stated that
weddings are generally held on the weekends and amplified music is typically used on the weekend for weddings. There was
further discussion on the number of amplified music events that would be allowed. Bennett suggested the Board consider
the condition that the Applicant could have 2-3 amplified music activities per week from July 1-October 31, 2020. Wallace
suggested the Applicant be allowed 2 amplified music activities per week.
St. Cyr stated that an email was received from Carolyn Noering and she asks that the Board consider that amplified
microphones are also used during business meetings.
Newman stated that typically amplified microphones are used during the day at business meetings. There are occasions
when amplified microphones are used during banquet speeches on the front lawn but those are typically wrapped up by 8:45
pm. The Board did not see any issue with amplified microphone use.
Bennett reviewed modifications to the conditions of the permit. Mostyn confirmed that modifications to 6C, D, and E were just
for this year.
The Board discussed the need for a revised plan. Wallace suggested that a revised plan was not needed based on the
conditions outlined in the permit. The Board discussed limiting the permit to October 31, 2020 or sooner if COVID-19
pandemic restrictions are lifted. Devane stated that even if restrictions are lifted, customers may not come to the resort as
before so they would like the permit to run through October 31, 2020. The Board reviewed the conditions and Bennett
suggested a finding that the permit is being modified due to restrictions in place as a result of the COVID-19 pandemic.
St. Cyr stated that additional public comment was received on behalf of the Ocean Edge 1 Homeowner’s Association noting
that generally speaking they are supportive of the two tent proposal but wish to express concern over bathroom screening,
generator use, parking and traffic.
Motion by Taylor to Close the Public Hearing on Modification of Special Permit #2060-P. Second by Wallace. Vote:
Hoffmann-aye, Degen-aye, Chatelain-aye, Wallace-aye, Taylor-aye, and Hillis-Dineen-aye. Vote: 6-0-0.
Motion by Taylor to Approve Modification of Special Permit #2060-P with Conditions as discussed. Hillis-Dineen
stated Conditions as Continuous Erection of Two Tents beginning on June 1, 2020 – October 31, 2020 and to Allow Two
Amplified Music Events per Week from July 1, 2020 – October 31, 2020. Second by Wallace. Vote: Hoffmann-aye,
Degen-aye, Chatelain-aye, Wallace-aye, Taylor-aye, and Hillis-Dineen-aye. Vote: 6-0-0. Prior to the vote, Degen
clarified that the amplified music events were not cumulative and that only two such events would be allowed per week.
8:15 PM PUBLIC HEARINGS CONTINUED
Special Permit and Site Plan Review Application #2020-05: Applicant/Representative: Lisa Whelan. Owner: Steven
Allard for property located at 1273 Millstone Road and shown on Assessor’s Map 85, Lot 157 in the Commercial High
Density (C-H) and Residential Medium Density (R-M) zoning districts. The Applicant proposes to use commercial space
for storage, food preparation, and office space for her business Dancing Spoons a Go Go Food Truck pursuant to §179-
51and §179-64 of the Brewster zoning bylaw.
Documents:
01/19/06 Site Plan
01/19/06 Site Details
07/11/06 Landscape Plan
04/13/20 Staff Review Comments with Additional Post Staff Review Comments
PB Minutes 05/27/2020 Page 5 of 6
04/17/20 Planning Board Application with attached Narrative
04/17/20 Floor Plan
Motion by Degen to Open the Public Hearing on Special Permit and Site Plan Review Application #2020-05. Second
by Chatelain. Vote: Hoffmann-aye, Chatelain-aye, Degen-aye, Barrett-aye, Wallace-aye, Taylor-aye, and Hillis-
Dineen-aye. Vote: 7-0-0.
Lisa Whelan was present and summarized her application for the Board. Whelan stated that she is a former restaurant
owner now in the catering business. Approximately a year ago, she purchased a food truck which she has been operating
for about a month. Whelan currently uses space in Eastham to prepare her food. Her food truck currently operates in
Orleans mostly so she would like a more central location such as the Millstone Road location to use. Whelan plans to
renovate the space with a triple bay sink. She will not be serving the public from the Millstone space. Food preparation on
site would include chopping. The food is cooked on the truck. Whelan stated that a major consideration at this site is water
usage. Whelan has been working with a local engineer who determined that, based on his calculation and information from
the Board of Health, the amount of water she proposes using falls below the amount allotted for that space. Whelan would
park truck at site and it would be hooked up to electrical but there would be no noise. She would arrive at building at 7:00 am
and be there until 9:30 am, loading up truck with a little prep. At night when she returned to the building she would be there
for about 1.5 hours to do clean up, most likely no later than 9:00 pm. Whelan explained that she would be putting in a triple
bay sink and each bay holds 12 gallons of water. Whelan will also install an above-ground grease trap which will be cleaned
professionally approximately four times per year. Whelan stated that she needs Board of Health approval for this project.
Whelan stated that her food truck will be kept at the Millstone location when in operation, at all other times during the year it is
kept at her house. The Millstone Road space will be used for preparation, cleaning, and storage. Storage will include
freezers and also dry food storage. Whelan may occasionally have one other person with her during the day to help with
food preparation.
Taylor stated that the Board of Health would need to be involved for further approval. Wallace stated that the Applicant
needed to satisfy requirements from the Building Department and Board of Health. Whelan described the building set up for
the Board. She stated that she would be located in a currently vacant bay in the rear of the lot. The food truck will not be
parked in the bay. It will be parked at the rear of the property close to her bay. Whelan will have a dumpster on site located
near the current dumpster in the rear of the property. Hoffmann asked about the grease trap and Whelan stated that the
location needs approval by the Board of Health but because of her usage she believes it can be located inside and does not
need to be underground. Hoffmann confirmed that the food truck would be parked in parking space #1 shown on the site
plan. Hoffmann asked the Applicant about on premise truck cleaning and Whelan stated that she cleans the inside of the
truck by hand with a bucket of water and cleaner which she disposes of in her sink. Whelan stated that she may spray down
the outside of the truck with water only in the parking lot. Whelan stated that her truck has a triple bay sink, fire extinguisher,
fire suppression equipment and a gray holding tank for the sink. She disposes of the contents of the holding tank at a
location designated to accept gray holding tank refuse.
Hillis-Dineen noted that staff review comments were available for review as part of the public meeting packet.
Motion by Wallace to Close the Public Hearing on Special Permit and Site Plan Review Application #2020-05.
Second by Degen. Vote: Hoffmann-aye, Degen-aye, Chatelain-aye, Barrett-aye, Wallace-aye, Taylor-aye, and Hillis-
Dineen-aye. Vote: 7-0-0.
Motion by Taylor to Approve Special Permit and Site Plan Review Application #2020-05. Second by Chatelain. Vote:
Hoffmann-aye, Degen-aye, Chatelain-aye, Barrett-aye, Wallace-aye, Taylor-aye, and Hillis-Dineen-aye. Vote: 7-0-0.
8:36 PM PLANNING DISCUSSION
Approval of Meeting Minutes: April 22, 2020.
The Board reviewed the April 22, 2020 meeting minutes. Motion by Degen to Approve April 22, 2020 Meeting
Minutes. Second by Barrett. Hoffmann-abstained, Degen-aye, Chatelain-aye, Barrett-aye, Wallace-abstained,
Taylor-abstained, and Hillis-Dineen-aye. Vote: 4-0-3 (Hoffmann, Taylor, and Wallace abstained).
Discussion and possible adoption of M.G.L. c.110G, regarding the use of electronic signatures by Board members,
pursuant to Amendment 13-7 to the Massachusetts Deed Indexing Standards 2018, effective April 17, 2020.
Bennett explained that due to the current COVID-19 pandemic, electronic signatures would now be accepted on
documents such as Board decisions.
PB Minutes 05/27/2020 Page 6 of 6
Motion by Chatelain that the Planning Board hereby Recognizes and Accepts the provisions of M.G.L. c.110G
regarding the Use of Electronic Signatures and that the Board May Use Electronic Signatures as a Means to Sign
Documents. Second by Barrett. Vote:Hoffmann-aye, Degen-aye, Chatelain-aye, Barrett-aye, Wallace-aye, Taylor-
aye, and Hillis-Dineen-aye. Vote: 7-0-0.
Discussion and possible vote pursuant to the provisions of G.L. c.41, §81P (ANR plans) and §81X (subdivision plans) to
authorize a single individual to endorse plans on behalf of the Board for recording in the Registry of Deeds.
Bennett explained that due to the current COVID-19 pandemic and since plans are not allowed to be signed electronically,
the Board can designate one person to sign plans on behalf of the Board. Plans will still be reviewed, discussed, and
approved by the Board at public meetings or hearings as is the current practice, however the Board can designate a
signatory, who does not have to be a Board member, to sign approved plans on their behalf. Bennett suggest the Board
designate a Planning Staff member as the signatory.
Motion by Chatelain to Designate Ryan Bennett, Town Planner, to Endorse Approval Not Required Plans on
behalf of the Board for Recording in the Registry of Deeds pursuant to the provisions of G.L. c.41, §81P. Second
by Barrett. Vote:Hoffmann-aye, Degen-aye, Chatelain-aye, Barrett-aye, Wallace-aye, Taylor-aye, and Hillis-Dineen-
aye. Vote: 7-0-0.
Motion by Chatelain to Designate Ryan Bennett, Town Planner, to Endorse Subdivision Plans on behalf of the
Board for Recording in the Registry of Deeds pursuant to the provisions of G.L. c.41, §81X. Second by Barrett.
Vote:Hoffmann-aye, Degen-aye, Chatelain-aye, Barrett-aye, Wallace-aye, Taylor-aye, and Hillis-Dineen-aye. Vote: 7-
0-0.
Motion by Hoffmann to adjourn. Second by Degen. Vote: Hoffmann-aye, Degen-aye, Chatelain-aye, Barrett –
aye, Wallace-aye, Taylor-aye, and Hillis-Dineen – Hillis-Dineen-aye. Vote: 7-0-0. Meeting adjourned at 8:45 pm.
Next Planning Board Meeting Date: 06/10/20
Respectfully submitted,
_______________________
Charlotte Degen, Clerk