Eastham, Massachusetts
2500 State Hwy, Eastham, MA 02642
ph: 508.240.5900
Selectmen's Meeting Minutes 11/21/05
Regular Session
MONDAY, November 21, 2005

Location:       Earle Mountain Room
                        Eastham Town Hall

Present:        Selectman Linda S. Burt, Chair; Selectman Joyce E. Brookshire, Vice-Chair; Selectman Kenelm N. Collins, Clerk; Selectman Russell H. Sandblom;
                Selectman Peter L. Whitlock.  Sheila Vanderhoef, Town Administrator.

Selectman Burt, Chair, called the meeting to order at 5:30 p.m.


        No public information was brought forward at this time.


5:35 p.m.       Show Cause Hearing - Noise Complaint - Beach Break Incl. dba
                Beach Break Grill and Lounge

Ms. Devorah Landa (complainant) as well as Kurt Fisher (Co-Owner of Beach Break Inc. along with Brent Warren)  and Mr. John Pellas (representing Beach Break Inc. ) were present to address a complaint of excessive noise emanating from the Beach Break.

Selectman Burt stated the criteria for the hearing of this complaint.  Selectman Burt stated that
the complainant  would be heard from first, and then the opposing side will be able to address
the complaint. After ten minutes, the Board of Selectmen may then ask questions from either side.  Questions may be asked through the Chair by those speaking for and/or against.  The Board may then choose to render a decision and/or take the matter under advisement.

COMPLAINANT - Devorah Landa:

Ms. Landa stated that she has been complaining about the noise emanating from the Beach Break for approximately four years.  Ms. Landa stated that the situation has gotten worse. Mr. Landa wrote a letter to the Board of Selectmen outlining her complaint.  It is her understanding that Town of Eastham’s Article 48 (Noise Bylaw) does not extend to commercial properties.  Ms. Landa states that the town would be well served to have reasonable noise regulations for businesses.

SERGEANT JOHN PIERPONT (Eastham Police Department) present on behalf of Chief Richard Hedlund:
Sgt. Pierpont stated that he has interacted with the complainant regarding her concerns.  He stated that in the year 2000 the Police Department received approximately fourteen (14) complaints as opposed to approximately five (5) that have been received in 2005. The complaints generally fall within  weekend hours during the summer when  live bands perform at the Beach Break.  Sgt. Pierpont observed that by the end of the summer frustration was demonstrated by both sides.  He recommended clarification of the anti-noise bylaw as it pertains to residential and business establishments.

BEACH BREAK - Mr. Kurt Fisher and Mr. Jeff Pellas - representing the Beach Break:
Mr. Pellas stated that he is representing the Beach Break with respect to the  noise problem presented here today. Mr. Pellas noted that Chief Watson (previous Police Chief)  conducted a decibel test, and concluded at that time that there were no decibel violations as far as the State was concerned.  Mr. Pellas noted that 80% of the complaints are from one individual.    He said that the owners of Beach Break have tried hard to be a “good neighbor.”  He also noted that he is not sure what the “violation”  is.  He stated that before the meeting commenced here this evening, they had offered to purchase an air conditioner for Ms. Landa, and that offer is still on the table.  The Beach Break would like to get air-conditioning, but this would prove to be very expensive.  The property was on the market, but the sale fell through. It  is still actively on the market.  The owners of the Beach Break would like to come to a compromise so as to avoid revocation of their All Alcoholic Common Victualer Liquor License for the sale of alcoholic beverages.

In response to a question from Selectman Collins, it was noted that the complaints seem to center
from around 11:45 p.m. through 12:30 a.m.  However, it was noted there have also been complaints received at about 9:10 p.m. and 10:18 in the evening.

Selectman Brookshire suggested that the Beach Break consider installing air-conditioning which
might help alleviate the problem.  Selectman Brookshire asked Mr. Fisher how often he and/pr Mr. Warren are on the premises, noting that it could be a problem if one or both are not present to address such concerns.  Mr. Fisher noted that either he and/or Brett Warren are always on the premises.   Selectman Sandblom agreed that the addition of air-conditioners might alleviate the problem, noting that it is important for a business to do everything possible to alleviate such concerns.   Mr. Fisher noted that they have attempted to shut the windows so as to contain the noise as much as possible.  Selectman Burt and Selectman Whitlock also agreed that the addition  of air conditioners would be beneficial.  Selectman Whitlock noted that further clarification of the “Decibel” Law mentioned earlier would be helpful.

Ms. Vanderhoef reminded the Board of Selectmen that according to State Statute, they,  as a “controlling authority,”  have  authority over licenses. Selectman Burt noted that consideration could be given to extend the present by-law so that it extends to commercial establishments.  Selectman Sandblom cautioned  that this be reviewed carefully,  as at this point in time there seems to be a limited amount of complaints.  These complaints could be addressed by the individual establishment directly, rather than by changing the standing by-law.

Ms. Vanderhoef noted that this has been an issue that is being readdressed with the Beach Break, and recommends giving the Beach Break a month to come back before the Board of Selectmen
with a positive plan for sound proofing.  Any change in by-laws cannot be done in any case before the Annual Town meeting in May.  

Selectman Burt asked that Ms. Landa call them immediately should she have any more noise
complaints, and invites her back when the  Beach Break returns with their plans.

Ms. Landa noted that she would like strong measures put in place.  The Board of Selectmen
assured Ms. Landa that they are looking at this situation carefully.   Ms. Landa also stated  that sound-proofing and/or air conditioning seemed like an excellent idea.  Selectman Whitlock reinforced the suggestion that some sort of constructive change has to take place, by way of construction to the building if necessary.  Selectman Sandblom  recommended allowing the Beach Break to use their initiative and to give them the opportunity to report back with their plan.

The Board of Selectman agreed that a letter should be reissued to the Beach Break with recommendations, and they are requested at this time to  return to the Board of Selectmen
on Monday, December 19, 2005, with a positive plan for soundproofing.  

6:30 p.m        Regional Emergency Planning Committee Update - Sean O’Brien,
                Barnstable County Health Department and Peter Carnes,
                Yarmouth Police Chief

                Present: Mark Foley, Deputy Chief, Eastham Fire Department

Ms. Sean O’Brien (Senior Environment Specialist and Coordinator for Regional Emergencies) and Peter Carnes (Yarmouth Police Chief) were present to update the Board of Selectmen on the future direction of the Regional Emergency Planning Committee, of which Eastham is a participant.  Ms. Vanderhoef noted that the goal of this committee is to bring all of the towns
into compliance.  They have been working together to develop a regional task plan.

Deputy Fire Chief Foley noted that a regional exercise was recently conducted (i.e., petroleum spill).  A representative from the Eastham Board of Selectmen was present at that meeting.

Mr. O’Brien noted that a data base has been established.   In the area of hazardous  materials, 125 hazardous users in the county have to report to them.  Issues, both past and present, are being reviewed  related to dealing with emergencies, equipment, computer expertise, radiation detection equipment, public health emergencies, concerns related to flu and flu pandemic, preparedness for potential category 3-4 hurricanes, Cape Cod Traffic Evacuation Plans, building of shelters and the protection of both residents and tourists in an emergency situation.  Grant ideas and resources are also being reviewed.    Communication is one of the main focuses of the  committee, as well as developing a good network of volunteers.  Mr. O’Brien noted that they are moving forward in considering all of these concerns. Selectman Burt thanked Mr. O’Brien, Mr. Carnes and Mr. Foley for their informative update.

6:47            Discussion - Brackett Road Improvements - Dave Maynard, and
                Ron Rencurrel , Chair - Bikeways Committee

Mr. Rencurrel and Mr. Maynard wanted to express their concerns and ideas to the Board of Selectmen regarding bike safety as impacted by pending Brackett Road Improvements.
The Board of Selectmen were interested in their suggestions as presented.  Mr. Martin
McDonald (Critical Planning Committee) noted that the concerns related to the bike path should
be incorporated into the “bigger picture” as it related to traffic congestion and flow.

The Board of Selectmen look favorably on an integrated approach to these concerns, and asked that the Critical Planning Committee, Bikeways Committee, Planning Board  and the Board of Highway Surveyors meet and integrate their efforts. The Board of Selectmen would like to meet with them again before the end of the year to review their concepts.   Ms. Vanderhoef noted that these plans need to be integrated before they are implemented.

7:07  p.m.      Interview/Appointments - Recreation Commission - Alan Cabral and
                Don Anderson and Frank Dobek

Ms. Vanderhoef noted that there are two openings available in the Recreation Commission (one to expire in 2006 and one for 2007).

Mr. Cabral and Mr. Dobek were present here this evening and came before the Board of Selectmen for consideration.  

Selectman Sandblom moved and Selectman Brookshire seconded the motion to appoint Mr. Alan Cabral to the Recreation Commission, for a term to expire on June 30, 2006.  Approved 5-0.

Selectman Collins moved and Selectman Sandblom seconded the motion to appoint Mr. Frank
Dobek to the Recreation Commission, for a term to expire on June 30, 2007.  Approved 5-0.

7:15 p.m.       Interview/Appointment Finance Committee - Judy Cannon and William Opel

Ms. Vanderhoef noted that there was one opening available in the Finance Committee at this time.  Mr. William Opel has indicated that he is not interested in appointment to this committee, and withdraws his name for consideration of same.

Ms. Cannon said  that she had enjoyed working on the Critical Planning Committee and would like to commit to serving on the Finance Committee.  Ms. Cannon is aware of the heavy meeting schedules in February, and does not foresee this as a problem.

Selectman Collins moved and Selectman Brookshire seconded the motion to appoint Ms. Judith Cannon to the Finance Committee for a three year term to expire on June 30, 2008.  
Approved 5-0.



7:15 p.m. - Approval of funding for Outer Cape Health Services

        Outer Cape Health Services are seeking funding in the amount of $5,000 for FY 06.

Selectman Collins moved and Selectmen Whitlock seconded the motion to approve funding in the amount of $5,000 through the Timothy Smith Fund.  Approved 5-0.

7:20 p.m. - 2005 Ambulance Abatements
        This item will be held over, to allow additional time for review of the request for
        ambulance abatements from the Fire Department.

Transient Vendor’s Licenses for Eastham Committee on Early Childhood
        Holiday Craft Fair - December 3, 2005.

Selectman Brookshire made a motion, and Selectman Whitlock seconded the motion to grant Vendor’s Licenses to the individuals as presented for participation in the Eastham
Committee On Early Childhood’s Holiday Craft Fair and Silent Auction to be held at the
Nauset Regional High School Cafeteria on Saturday, December 3, 2005 from 10:00 a.m. -
3:00 p.m.  Approved 5-0.


Barking Dog Noise Complaint Follow Up
The Board of Selectman have received a follow-up letter from a trainer for a “barking” dog on Dyer Prince Road.  The Board of Selectmen were impressed with the concern and positive support expressed by the trainer.  At this time, a reminder related to putting up a fence will be sent to the owner of the dog, expressing the Board of Selectmen’s request  that a fence be put up, and that the dog be required to complete two additional “at home”  training sessions.  A time line
for the placement of the fence will be included in a letter to the owner of the dog (i.e., no later than forty five - sixty days).

Ms. Vanderhoef noted that there have been forty-two sign-ups for the Cape Light Compact Green and Solarize Our School Campaign.   The Town of Eastham needs a total of 72 in order to qualify for bonus funds. Selectman Whitlock suggested that the Board of  Selectmen all pledge to sign up for this program.  More information regarding this program can be obtained at

Update on Cape Cod Commission
        Ms. Vanderhoef noted that she met with Margo Fenn today, reviewing what options
        are available to the Town related to beach access at the Ocean Beach site.  Options
        at this site are driven in large part by the parking lot, and/or absence thereof.
        Selectman Collins asked that the Board of Selectmen be updated as appropriate.

The Board of Selectmen are in support of Ms. Vanderhoef, Town Administrator,
        and her cognizance of the law, which prevented her from signing a contract
        related to the Expansion and Renovation of the Elementary School.  Selectman
        Brookshire specifically referred to a recent editorial about the school in the
        Cape Codder.  The Board of Selectmen are united in their unequivocal support
        of Ms. Vanderhoef’s decision.


Minutes Session Moved   Seconded        Vote    
October 17, 2005        EXECUTIVE       Selectman Whitlock moved to accept the
minutes as amended      Joy Brookshire  Approved 5-0    
October 19, 2005        WORK SESSION    Selectman Brookshire    Selectman
Sandblom        Approved 5-0.   

The Board of Selectmen would like to cancel their Wednesday, Work Session meeting
        of November 23, 2005, and reschedule it for Monday, November 28, 2005 at
        5:30 p.m. (Work Session).

Selectman Collins moved and Selectman Brookshire seconded the motion to adjourn at 7:40 p.m., and to go into Executive Session for the purpose of discussion of Land Acquisition,
and not to return to Public Session.    Selectman Collins, yes; Selectman Brookshire, yes;
Selectman Burt, yes; Selectman Sandblom, yes; Selectman Whitlock, yes.

Respectfully submitted,

Lorraine Speros