Historic District Commission
December 4, 2007
Minutes
Land Use Meeting Room
Members Present: ~ Chair Ken Fowler, KF; Elaine Steinert, ES; Kate McNulty-Vaughn, KM-V; Jason Berger, JS; and Jim Harwood, JH
Staff present: Mary Albertson, MA, Town Planner; Peggy Ammendola, PA, Land Use Clerk
There were no applications for tonight’s meeting.
Minutes:
November 6, 2007-JH made a motion to approve the minutes and ES seconded the motion. The Commission voted to approve.
November 20, 2007-JH made a motion to approve the minutes and ES seconded the motion. The Commission voted to approve.
Other Business:
1. Gabel Real Estate, 69 Church Street Map 43 Parcel 180, signs. KF asked the Commission if a Commissioner should contact the applicant before the scheduled meeting of December 18, 2007 to advise that the request of three signs is excessive. It was decided to wait until the application is presented to discuss.
2. Gennaro Gallo, 15 Franklin St., Map 43 Parcel 82, JB advised the members that Gerry Gallo called him today requesting that the HDC contact the Building Inspector to clarify the HDC’s recent approval of the renovations proposed. Mr. Gallo told JB that Mr. Gallo felt that there was a misunderstanding by the Building Inspector. PA explained that last week a complaint was brought to the attention of the Building Inspector, Don Fitzgerald, that work was being done at Mr. Gallo’s property without a building permit. The Building Inspector went to the site promptly and advised Mr. Gallo that a building permit was
required. Mr. Gallo agreed to do so on November 30, but did not yet work continued. Today, December 4, Mr. Fitzgerald returned to the site where demolition was in process and advised Mr. Gallo to cease and desist. The HDC reviewed both the approved Certificate of Compliance approved October 16, 2007 and minutes relating to the application. The HDC is in agreement that all work proposed in the application, with the exception of the balconies, can proceed as far as the HDC is concerned. The only condition of the Certificate is that the applicant is to return to the HDC prior to construction of the balconies to provide details of the materials and the design of the balconies. KF will email the Building Inspector to confirm the HDC’s decision and send a copy to PA for the HDC records.
3. JH wanted to discuss in further detail the regulations regarding number of signs allowed. JB suggested that further explanation be given regarding the By Laws and Guidelines to JH. The governing document is the By Law, the enabling legislation, and the Guidelines describe the expectations of what the HDC wants in the district and allows the HDC to enforce the Bylaws. The Guidelines give more information to an applicant, provides guidance, and helps to interpret the By Laws. MA said that if an applicant is requesting more than one sign, they are responsible for giving a compelling argument. KF said that the HDC tries to enforce
one sign, but many businesses arbitrarily put up more than one. JH asked about the process for an applicant. Do they go to the Building Inspector first? PA said that an applicant submits their application to the Town Clerk, who date stamps the application and files. Copies are then given to PA who gives a copy to the Building Inspector. When an application is issued a Certificate of Compliance, a copy of it is given to the Building Inspector, to the applicant, and to the Town Clerk. The applicant should go to the Building Inspector with their approval and proceed to obtain a building permit. Should the applicant apply to the Building Inspector before coming to the HDC, the Building Inspector should refer the applicant to the HDC, and delay issuance of the permit until the HDC approves. JH suggested that upon approval by the HDC, verbiage should be added to the Certificate of Compliance stating that the project is historically appropriate but not
reviewed for zoning. The project then should be reviewed by the building inspector, the enforcer of the Zoning By Law, to assure that the project meets the requirements of the Zoning By Law. JH will prepare suggested wording for making a motion and including in approval and submit to PA who will in turn incorporate into the Certificate.
4. Lenox Historic Society, Academy Building, Main Street. KF said that he had been approached by Vickie Salvatore to discuss a need to draw attention to when the Academy is opened to visitors. She suggested a flag. The Commission agreed that Ms. Salvatore submit an application and come before the Commission to discuss.
5. KF advised that Andrea Winter, of the Lenox Historical Commission, had extended an invitation to him for a coffee hour to discuss bridging the HDC and HC. No other members received an invitation. KF will contact Ms. Winter to get more information.
6. KF advised that Suzanne Pelton reported two violations:
a) The fence at the Vickery home, 5 Cliffwood St., Map 43 Parcel 63-1 that is six feet high and runs along the driveway.
b) The Foulds residence at 42 Walker St. Map 43 Parcel 3 has installed a new window that is 6 over 6 and should be 2 over 2.
The Commission agreed that the appropriate action should be for Ms. Pelton to report violations the Building Inspector. KF will advise Ms. Pelton.
7. John Toole. He hopes to open his new office January 1, 2008 but the new entrance door etc. that the HDC approved will not be in in time. A temporary door will be needed to obtain a Certificate of Occupancy. The Building Inspector, Don Fitzgerald, had contacted KF to the HDC of this, and Mr. Toole spoke directly with KF to explain. KF will relay that this is acceptable and will also remind Mr. Toole that he needs to apply for a sign.
8. KF presented to the Commission a copy of the State Register of Historic Places for 2006.
9. JB brought to the attention that the Guidelines are not in favor of lightweight material materials for fences and that this was conveyed to the owner of Birchwood Inn, but does not see why it is not appropriate. JH does feel that it appropriate. Discussion followed
The meeting was adjourned at 7:10 PM.
Respectfully submitted,
Peggy Ammendola
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