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Lewes Beach receptions questioned

Requests for amplified music irk residents
March 20, 2015

With a relatively calm, quiet bay beach and endless options for lodging, Lewes is a choice location for a couple's big day. And while it may be the happiest day for newlyweds, it's not for many neighbors.

Lewes has seen an increase in requests for amplified music at homes along Bay Avenue. One property, specifically, is marketed as a wedding destination, raising the eyebrows of city residents who foresee problems with noise in the tight-quartered beach community.

“It doesn't sound like much, but when you're trying to have dinner on your porch, it's really disruptive,” said Shipcarpenter Street resident Jody Tavss, who dealt with a similar situation with wedding receptions held on the grounds of the Lewes Historical Society.

She encouraged city officials and police to drive by the next reception on Bay Avenue to get a better understanding of how the events affect neighbors.

Two requests for amplified music at wedding receptions planned for 2400 Bay Ave. appeared on the mayor and city council agenda March 16. One request was for Memorial Day weekend, while the other was for a weekend in August. In both cases, council required amplified music to cease by 10 p.m. They also asked the applicants to provide Lewes Police with a contact phone number in case the department receives noise complaints.

Police Chief Jeffrey Horvath said his officers have no way of recording decibel levels at parties or other events around town. His department's approach has typically been to ask the event organizer to turn down the volume after one complaint. If additional complaints are received, they shut down the event.

Carol Richardson, the city's projects officer, said she knows of at least two other wedding receptions planned for Bay Avenue this summer. Two other properties on Bay Avenue have hosted or are planning to host wedding receptions, she said. She said she works with clients to minimize impact on neighboring homes, but the city could have fewer issues with noise if officials developed an application process for amplified music.

The city requires only a permit to hold a wedding ceremony on the beach. Receptions, Richardson said, do not require applications or approval. Only if amplified music is requested does the organizer need to seek permission from city council.

“It may be conducive for us to go ahead and develop an amplification application,” she said. “Then there is a checklist with things that are prohibited as far as decibel levels, time frames.”

Under the city's noise ordinance, loud and unreasonable noise is prohibited from 11 p.m. to 7 a.m., but no there is no mention of amplified music. City council has typically prohibited amplified music after 10 p.m.

Resident Brook Hedge said she downloaded three decibel apps on her phone and was surprised when no activities she tested exceeded the state's maximum decibel level. Regardless, she said, the noise did seem excessive to the point where it impeded on neighboring homes.

“Jody [Tavss] and her neighbors were going through constructive eviction,” she said. “They didn't enjoy their homes because somebody else wanted to make a buck.”

She said the same thing is likely happening on Bay Avenue, where homes are closer and often accommodate larger parties. She questioned whether it is even legal to advertise and host weddings and receptions on residential property in Lewes.

“This is a business that's being run; that's commercial, and it's not zoned for that,” she said.

Deputy Mayor Fred Beaufait said the owners of these homes are putting the city in a difficult position because they are renting the venues and planning weddings and receptions before approaching the city for permission to have amplified music.

“We need to work something out so we're all on the same page, and the city is not put into an embarrassing situation where we have to deny something that is a very important event in someone's life,” he said.

Mayor Ted Becker said the city manager and building inspector have had preliminary discussions about specific properties that are known to host events. He said the situation is not unique to Lewes, as he recently heard of a similar situation in Boulder, Colo.

“These venues are very attractive, and we need to figure out what we'll allow and what the impact would be on the neighborhood,” he said. “I do think there is a question of degradation of neighborhoods that has to be looked at. We need to button this up much tighter than it is currently.”

In the meantime, Richardson encouraged residents who have problems with noise to contact her, city hall or the police.

“In the almost two years I've been in this position I haven't gotten one complaint,” she said.

Beaufait also asked residents to be patient as council develops a plan for action.

“I would hope people out on Bay Avenue would appreciate the council is very much aware and concerned about the imposition we've imposed on them, and we're going to be looking for a way in the future to mitigate this problem,” he said. “We can't just do it now without giving due warning to the businesses. We have to do this in a way that is thoughtful to all parties. I hope neighbors will bear with us and give us time to work this out.”

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