Historic District Commission
Minutes
Land Use Meeting Room
September 17, 2013
Note: On Sept. 16, 2014, the Rule of Neccessity was invoked to approve these minutes as only one of the members present at this meeting is still on the HDC.
Members present: Chair Jason Berger, JB; Steve Sample, SS; Elaine Steinert, ES
Absent with notification: Lucy Kennedy, LK
Staff present: Peggy Ammendola, PA
Garter Inn Management, aka The Gateways Inn, 51 Walker St., Map 43 Parcel 165, new sign. Continued from September 3, 2013.
Present were Eirin Gazit, owner of Garter Inn and Frank Newton.
JB gave a brief review of the previous hearing and advised the Commission and Mr. Gazit that he had spoken to the Building Commissioner, Bill Thornton, who said there were no permits on record for the sign as it is today. It is believed the tall sign was put in place to be visible after the fence at the front of the property was installed. Both installations occurred before Mr. Gazit purchased the property.
EG believes that in the 30’s and 40’s there had been a fence around the property and at some point the front section was removed. He believes the Gateways has been an inn since the late 30’s and although he hasn’t been able to find pictures, he assumes, because this was a business, there would have been a sign.
Mr. Gazit wants to put in a single pole versus the two that are there, and change the sign. He said he is not responsible for the sign violation, but that it makes sense to have this size sign because of the fence. He argued that there have been no complaints and even though the sign wasn’t in compliance, it has been allowed to remain in full view and insists that before purchasing the property, his attorney contacted the Building Commissioner to confirm there were no violations.
Frank Newton said he didn’t feel that Mr. Gazit should be held accountable for someone else’s actions and stated that when the Town Hall was renovated, Historic District files were moved into the cellar and some records have disappeared and he suggests that perhaps there had been approval.
JB explained to Mr. Gazit, that the existing sign is twice the height that is allowed and that the HDC has denied a number of sign requests which were not in compliance. What is making it difficult for the Commission is that the existing sign is illegal, but it was put into place by a previous owner and the current owner should not be penalized. JB added that HDC would not be acting responsible without some sort of basis.
SS and JB asked if Mr. Gazit if he could put a sign outside of fence. Mr. Gazit responded that location would not be effective in that location. The Commission searched for some compromise.
Without approval of Mr. Gazit’s request for the new sign, Mr. Gazit said he would then leave the sign in place, change the wording on the sign, leave the posts as is and have as the background color of the sign a darker burgundy with white lettering
SS made a motion that per discussion during the meeting that the Gateways sign could be repainted using the existing size with new lettering and with the Building Inspector to permit Mr. Gazit to redo without a permit from a the building inspector. ES seconded the motion.
Discussion ensued.
SS rescinded his motion and made a motion to allow the Gateways Inn to use the existing sign and sign post and repaint the proposed lettering on the application and color and with the Building Inspector’s OK. He then rescinded “…and with the Building Inspector’s OK.” and added “...change the lettering to reflect the name of the business and what they are offering. ES seconded the motion and the Commission voted to approve 3-0. (Note, for clarity: SS made a motion to allow the Gateways Inn to use the existing sign and sign post and repaint the proposed lettering on the application and color to reflect the name of the business and what they are offering.)
JB stressed that he did not want to cause Mr. Gazit any problems, but asked the Commission how the Commission gets to a point of approving a violation. The motion, he said, should make it clear that the approval is not in regards to height or dimensions. SS responded that if it was the same owner who made the violation, he would feel differently about approving and made it clear that the HDC is not approving what exists as it is already there.
Other business: Letter dated September 16, 2013 from Frank Newton was hand delivered to the HDC on September 16th. In his letter Mr. Newton said he understands the current owners of property known as Pine Acre, Map 40 Parcel 25, 81 Walker St., wish to straighten the driveway and he asked the Commission to not approve. Mr. Newton had asked to discuss this information with the Commission, but he left before the meeting ended. JB reviewed the letter with the Commission. The Commissioners noted that an application has not been submitted. (PA referred this to the Building Commissioner on September 18, 2013.)
Minutes: September 3, 2013- SS made a motion to approve the minutes as presented. ES seconded the motion and the Commission voted to approve 3-0.
SS made a motion to adjourn and ES seconded the motion. The Commission voted to agree 3-0
and the meeting was adjourned at 7:20 pm.
Respectfully submitted,
Peggy Ammendola
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