Minutes
Land Use Meeting Room
May 15, 2012
Members present: Chair Jason Berger, JB; Clare Cantone, CC; Steve Sample, SS
Elaine Steinert, ES; Ken Fowler, KF
Staff present: Peggy Ammendola, PA
Suzannah Van Schaick, 53 Church St., Map 43-178, sign.
Ms. Van Schaick presented her application.
SS made a motion to approve the sign as presented. KF seconded the motion and the Commission voted to approve 5-0.
Approve Minutes: April 17, 2012 SS made a motion to approve the minutes with one edit and CC seconded the motion. The Commission voted to approve 3-0-2. KF and ES abstained as they were not at that meeting.
Signage in the Historic District: Meeting with businesses and individuals of the Historic District, members of the general public and any other interested parties to share their views regarding allowing signs by right in the Historic District.
There were thirteen people in attendance. This included newly elected Selectmen Ed Lane and Channing Gibson and Planning Board members Mark Smith and Kate McNulty Vaughn. (Ken Fowler, a Selectman and the alternate Commissioner for the Historic District, sat with the HDC.) Two reporters were present who represented the Berkshire Eagle and The Beacon respectively.
JB commenced the meeting by stating that the HDC had been in discussion with the Planning Board regarding potential changes in the Zoning Bylaw relative to signage in the Historic District. He said that the HDC was seeking public comment that would allow the HDC, in conjunction with the Planning Board, to move forward. The meeting was opened to the public for their comments.
Tom Werman was the first to speak. He feels that the Town has not been supportive of existing businesses or tried to attract new business and thinks that the sign regulations need to be more reasonable and accommodating. Regarding sandwich board or “A Frame” signs, he feels that one at every store would be a problem, but believes that there can be a happy medium. He pointed out that Patisserie had been fined four times for having their sandwich board at their place of business last summer. Mr. Werman supports the additional signage.
Jean Yves Bougouin of Patisserie said that he thinks that the additional signage (sandwich board signs) should be permitted and wanted to know the authority for issuing these signs.
JB and SS responded that temporary signs are not within the HDC’s jurisdiction. JB stated that there had been talk about taking the authority of issuance of permits for temporary signage from the BOS and giving it to the Zoning Board, but that has not happened. JB agreed that there needs to be clarification on what is a “temporary” sign.
SS said that the PB has been working on verbiage for a proposed bylaw for signs within the Historic District, but that it remains in a preliminary draft form.
MA stated that temporary signs under the zoning bylaw are considered promotional signs, or banners and that in the town bylaw there is a specific category that allows sandwich board signs. Last year, the sandwich board signs were being grouped with the temporary signs, which created confusion.
MA added that the BOS has the authority to issue these permits and that the Town Manager is going to try to work with the BOS in the near future focusing only for sandwich board signs in public ways with some guidelines to provide relief for this year. She feels that the town bylaw gives the BOS more discretion for granting a period longer than two weeks.
JB said that the HDC does not have authority for permitting temporary signs or banners or sandwich board signs and cited Section 3.4 c of the Historic District Bylaw which reads:
“The Commission shall not extend its review to temporary signs, banners, streamers or placards or temporary structures approved by special permission of the Selectmen.”
This language, he said, limits the HDC and the HDC is beholding to the HDC bylaw unless there is a change in the process.
JB also pointed out that since the beginning of the year, the HDC has had three sign applications and that from the time of application to approval, the process has taken three weeks. Abutters have to have 14 days notice before a hearing. This was in response of claims that applications submitted to the HDC were taking up to two months.
Mark Smith of the Planning Board explained that as it is now, the BOS can grant permission for a sandwich board in a public way for two weeks. He said that the Planning Board has spent months on trying to wrap that bylaw into a sign zoning bylaw, but at this time it is not in place. He said that the BOS is attempting to put something in place for this summer which is not as restrictive as in the past.
Seeking clarification, Eiran Gazit said that he wants to put a sign on his property that would say “Bar opened tonight”, and since this is private property, he wanted to know from whom does he get permission. He also wants to have it for a longer period.
MA responded that on private property, citing the town bylaw, the BOS can grant a sandwich sign on public property, but if Mr. Gazit wishes to place the sign on private property, this request fits in under the zoning bylaw as a temporary sign limited to two weeks and permitted by the BOS.
Kate McNulty-Vaughn of the Planning Board said that her board would like to work with the BOS to get something in place for the summer then go back to work on the problematic parts with the indulgence of the HDC. SS advised those in attendance that changes to the zoning bylaw must be approved at Town Meeting.
Discussion and questions ensued with members of the audience expressing frustration and confusion about who has the authority, and offering suggestions for making the process easier. Governing authorities in attendance expressed the desire to find a way to get through the upcoming season without the issues of last summer. Ed Lane feels that the Board of Selectmen want to work to find a process that will be as easy and business friendly as possible.
The Planning Board will regroup and work through the details of their existing draft of a proposed bylaw for signage in the Historic District. JB asked that the Planning Board provide a draft of a proposed bylaw in advance of a meeting of the Planning Board and Historic District Commission. Over the next few months both boards will meet to discuss this further and then will go to the Board of Selectmen with the results.
ES made a motion to adjourn and KF seconded the motion. The Commission voted to 5-0 to adjourn. The meeting was adjourned at 745pm.
Respectfully submitted,
Peggy Ammendola
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