Historic District Commission
Minutes
Land Use Meeting Room
May 20, 2014
Members present: Chair Jason Berger, JB; Ken Fowler, KF; Kate McNulty-Vaughan, KMV
Just before the meeting Lucy Kennedy, LK , noting that KMV was present and could qualify to sit as the Planning Board representative to the HDC, asked to be excused so that she could seek medical attention from an earlier fall. KS was to be the PB representative, but failed to show. KMV agreed to take his place and LK left.
Absent without notification: Kameron Spaulding, KS
Absent with notification: Elaine Steinert, ES;
Note: Due to an extended illness, Elaine Steinert (ES) will be out until further notice.
Also present were Selectmen Ed Lane ( 67 Church St.) and Dave Roche; Doris and Vytas Barsauskas (Mackimmie Co.); Meb Joyner and Jennifer Pelletier (Curtis); Mike Wilser, (St. Ann); Frank Newton (Summer White House); Olga Weiss and Jim Biancola (Historical Commission)
Staff present: Peggy Ammendola, PA
Mackimmieco LLC, 67 Church St., Map 43 Parcel 183, sign. Continued from April 15th due to unavailability of applicant. Making the presentation were Doris and Vytas Barsauskas. The actual sign was presented. In addition to their sign, they wish to place their logo in the window. The placement would be approximately 10 feet above the handicap ramp and hang from bracket. JB advised the sign should not swing, but to check with the Building Inspector. The sign location will be between the two roof elements, just above the eaves. If it is determined the sign would be in another location, the applicants will return.
KF made a motion to accept the sign application as presented. KMV seconded the motion and the Commission voted to approve 3-0.
67 Church St., LLC, 69 Church St., Map 43 Parcel 180, a new entrance/door. Making the presentation was Ed Lane, a representative of Drew Davis. The proposal is to replace a window with a door. The style of the door will be the same as all of the other doors in the building. Recent renovations have forced the building owner to put in sprinklers which in turn “triggered” the requirement for an elevator. The elevator will be inside the new doorway.
KMV made a motion to accept the modification to change the window to a door as presented. KF seconded the motion and the Commission voted to approve 3-0.
5:30 pm Nault Architects Inc., The Curtis, 6 Main St., Map 43 Parcel 166, new generator installation at the rear of The Curtis property.
Present were: Meb Joyner of the Lenox Housing Authority and Jen Pelletier of Nault Architects, Inc. Ms. Pelletier provided the details of the application. She stated that the state wants the Curtis to be prepared in the event of a power outage. Having a generator will take the burden from emergency management. There are four stories and 59 residents in the Curtis. There were a number of locations considered, but this location is the most practical as power sources are close and the generator will not be visible from Walker or Main Street. There are no plans to screen the generator with fencing as that provides an area for debris to collect.
Frank Newton asked about the noise level, which was explained and Sharon Hawkes of the Lenox Library asked about the time frame for installation. Ms. Pelletier answered both questions to their satisfaction, but it was pointed out that the HDC is concerned with aesthetics.
KMV made a motion that the HDC approve a Certificate of Non-Applicability for the Lenox Housing Authority’s plan for the generator as presented. KF seconded the motion and the Commission voted to approve 3-0.
Lenox Historical Commission, Olga Weiss, Chair, has requested permission to place historic building markers on 32 historic properties within the Historic District as a part of the Historical Commission’s Historic Building Plaque Program. Notice of this public hearing was sent out on April 22, 2014 to all property owners in the Historic District.
Jim Biancola presented a review of the Historic Building Plaque Program and a provided a replica of a marker sized 14 x 20. He said that another size of 12x16 is available for buildings that would not accommodate the larger sign.
Mr. Biancola also said that at the Annual Town Meeting, a zoning bylaw amendment was approved which permits plaques/markers in all districts.
A list has been compiled by the Historical Commission of buildings based on year built. Some of the building owners may not want a marker, which is acceptable. The hope is that as the markers are noticed, more owners may want to have one.
The signs will be made of the same material and provided by the same supplier. They will be placed on the front of the building, flat onto the surface of the building and visible from the public way. The Historical Commission will work with the owner as to the location approving signs w/o having locations
Frank Newton, wondered why some buildings were chosen, and why some were not. JB pointed out that what was before the Historic District Commission was a sign application for markers, and suggested he attend the next Historical Commission meeting. Olga Weiss said that several have approached her to inquire why some buildings were not on the list. She said that 86 properties were old enough to be considered historic.
Mike Wilser, who said that he represented Father C. J. Waitikus of St. Ann Catholic Church, stated they are supportive of marker program.
KF made a motion to approve the signs for the 36 buildings as presented by the Historical Commission. KMV seconded the motion and the Commission voted to agree 3-0.
Public Hearing to determine whether Historic Building Marker Signs, given prior approval by the Historical Commission, may be excluded from review by the Historic District Commission under Section 3.3 (d) of the Lenox Historic District Bylaw. ~Notice of this public hearing was sent out on April 22, 2014 to all property owners in the Historic District.
Present were: Olga Weiss, Sharon Hawkes and David Roche.
KMV asked since this hearing was related to the application for markers which was presented earlier, why couldn’t the public hearing be held immediately following. ~JB responded that there was another application on the agenda and rather than to have those applicants wait until the public hearing was over he chose to allow them to proceed.
JB explained that the application submitted by Olga Weiss was filed in the alternative as the goal for the HC was to get their signs approved and that the purpose of the public hearing was to discuss whether~Historic Building Marker Signs, given prior approval by the Historical Commission, may be excluded from review by the Historic District Commission under Section 3.3 (d).~~If the HDC were to determine that these markers/signs can be excluded from review, the HC or the applicants themselves would have to submit an application~for a Certificate of Non-Applicability based on this change. ~
JB repeated his opinion that he has several concerns about excluding Historical Markers from review, and that~it is not appropriate to consider a change for some signs~and not all. ~Markers are signs, and while he~understands the intent of the markers is different, the HDC doesn’t look at the intent, but instead looks at the appropriateness of signs.~~JB also~doesn’t believe the HDC can segregate a group of signage and exempt them from review~based on MGL 40C and the previous opinion of Town Counsel. ~Exempting from review, he feels is a drastic step for the Board and not convinced that it is appropriate~or legal. ~Just prior to Mary Albertson’s resignation as Town Planner, JB spoke to her again about exempting the markers from HDC review, and her advice was that the HDC should not be making such a
decision without consulting with Town Counsel. ~
KMV said that she was distressed that the public hearing was a separate discussion and that Jim Biancola, who has spent a great deal of time on this project, was unable to stay due to a prior commitment. ~She disagrees with JB’s interpretation of Chapter 40C and thinks it provides an opportunity to exempt the markers from HDC review. ~
KF made a motion to continue the public hearing to June 3, 2014 at 6:15 pm. ~KMV seconded the motion and the Commission voted to agree 3-0. ~
Minutes-April 15, 2014-KF made a motion to approve the minutes. KMV seconded the motion and the Commission voted to approve 3-0.
Respectfully submitted,
Peggy Ammendola
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