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Historic District Commission Meeting Minutes 04/01/2008
Historic District Commission
Minutes
Land Use Meeting Room
April 1, 2008

Members present: ~ Chair Ken Fowler, KF; Jason Berger, JB; Elaine Steinert, ES; Kate McNulty-Vaughn, KM-V; Jim Harwood, JH
Staff present: Mary Albertson, MA; Peggy Ammendola, PA

Minutes:  
·       March 4, 2008 JB made a motion to approve the minutes as written and JH seconded the motion.  The Commission voted 4-0-1 to approve.  KF abstained as he was not at that meeting.
·       March 18, 2008 JH made a motion to approve the minutes with the addition of one detail.  ES seconded the motion.  The Commission voted 3-0-2 with KF and JB abstaining as they were absent from that meeting.

Applications
1.      Shelly Williams, sign and renovations, 8 Franklin St., Map 43 Parcel 191. (Carol’s). The applicant contacted the Commission to advise that they would not be able to attend this meeting.  KM-V made a motion to continue this meeting and the Toole meeting to April 21, 2008 at 5:30 p.m.  JB seconded the motion and the Commission voted to continue by a vote of 5-0.
2.      John and Dawn Toole, 117 Main St., Map 43 Parcel 70, sign.  The applicant was not present and had not notified the Commission that they would not be represented.  
3.      
Violations Update
On March 6, 2008 PA sent memos to the Building Commissioner regarding the following violations.
1.      Xavier Edward Home Remodeling-26 Housatonic St., Map 43 Parcel 170.  It was noted that on a photograph supplied by ES for the Lucky Nails violation, an additional sign has been installed on the community sign for the Housatonic Shops after the Lucky Nails sign was installed.  A permit has not been granted by the HDC for the Xavier Edward sign.  On March 8, 2008 Bill Thornton wrote to the owner of the property, Housatonic LLC. informing the owner of this violation as well as for Lucky Nails and SoCo signage.
2.      Gabel Real Estate, 69 Church Street, Map 43 Parcel 180-It was noted that two signs for this location and business were approved by the HDC on December 18, 2007.  The number of signs installed exceeds the permit. On March 8, 2008 Bill Thornton wrote to the owner of the property, Charles Flynt.

KF read the two letters to property owners written that were written by the Building Commissioner, Bill Thornton.  Mr. Thornton’s letters state that the property owners are to contact the HDC immediately.  As of this date, there have been no responses to the HDC.

It was agreed that Mr. Thornton will be advised that there have been no responses to the HDC as a result of his letter and to proceed to the next step.  

The Commission discussed the wording in the enforcement letter and recommended that there be some changes in the text including, but not limited to, the addition of a limit of a number of days for the violation to be addressed.  The Commissioners also discussed whether or not the business owners should receive a letter as in many cases the business owner is not the property owner.  If an applicant came before the HDC, and failed to conform to what was approved, they should be aware that they were in violation.  But if a business owner did not come before the HDC, it could be possible that they were not aware of their responsibility to do so.  The question was raised as to who would be the “legal” responsible party, business owner or property owner (if different), for enforcing compliance.

MA will discuss this and the next step for compliance with Mr. Thornton.

ES made a motion to adjourn the meeting and JH seconded the motion.  The meeting was adjourned at 6:20 p.m.

Respectfully submitted,
Peggy Ammendola