Historic District Commission
Minutes
Land Use Meeting Room
September 16, 2014
Members present: Chair Linda Messana, (LM); Lucy Kennedy, (LK); Elaine Steinert, (ES)
Also present was Ken Fowler, (KF).
Annual review of the local Historic District Bylaw-(Continued from July 1st. 15th, Aug. 5th, 19th and September 2nd.)
Finding members to serve has been difficult given the restrictive guidelines; therefore LM suggested that the Commission discuss the requirements to be a member of the Commission. LK pointed out that in her interpretation of MGL Chapter 40C Section 4 which deals with the composition of the Historic District Commission the state is less restrictive than the local HDC Bylaw and she suggested that all of the Commissioners re-read this chapter. LM read from the HDC Bylaw 3.1 B which listed the requirements which included but not limited to nominees from the Historical Commission, National Board of Realtors and American Institute of Architects. KF pointed out that it is important to see what was initially established in the local membership requirements and then go before the BOS to ask permission to follow
the guidelines established in Chapter 40C Section 4. Term limits of three years that were established appear to have been ignored. PA said that historically appointments have been on an annual basis.
LK made a motion that the HDC go before the Board of Selectmen to see if they will be in agreement to go with the less limiting requirements and ES seconded the motion. The Commission voted to agree 3-0. LM will ask to be put on the Selectmen’s Agenda.
Informal discussion regarding signs, and what steps to take regarding neon signs:
The Commissioners discussed the use of neon signs in the district, noting that there are four such signs that they are aware of at this time. One is located at O’Brien’s on Main Street which is used to display lottery numbers, two “Open” signs at The Gateways Inn, and an “Open” sign in Brava. LM said that the neon signs at The Gateways have been added within the last year and without coming before the HDC. She referenced MGL Chapter 40C, Section 8, (7) which reads:
Signs of not more than one square foot in area in connection with use of a residence for a customary home occupation or for professional purposes, provided only one such sign is displayed in connection with each residence and if illuminated is illuminated only indirectly; and one sign in connection with the nonresidential use of each building or structure which is not more than twelve square feet in area, consist of letters painted on wood without symbol or trademark and if illuminated is illuminated only indirectly; or either of them.
Additional references included the HDC Guidelines which states that “neon should not be used”, and the HDC Bylaw which says that signs should not be “noxious or offensive to the neighborhood and internally lit”. LM conferred with Building Commissioner Bill Thornton regarding the use of neon signs advising him that the Commission’s position is that these signs are not legal in the Historic District. Mr. Thornton believes that the use of the word “should” as used in the Guidelines is “open ended” and that the Guidelines are not enforceable as they are merely guidelines. LK pointed out that within the HD Bylaw there is nothing related to neon signs per se, but it is in the
Zoning Bylaw which is attached to the HD Bylaw, but the Commission interprets the Bylaw reference “Noxious or offensive to the neighborhood and internally lit.” as meaning neon.
LM reminded the Commission that Whitney Asher, owner of Brava, recently told the HDC that his neon sign was “grandfathered”. She said that there a sign cannot be grandfathered, and that unless Mr. Asher could prove in writing that his neon sign could remain in perpetuity, it is not allowed. ES added that no one has ever come before the HDC to request a neon sign and the two “Open” neon signs at The Gateways Inn were not approved.
LK suggested that the Commission write to all parties in the HDC reminding them that any signs have to be approved by the HDC and that the Guidelines specifically prohibit/discourage internally lit signs and then follow up with BT to enforce. She feels that the Bylaw should be revised to be more specific regarding neon/any other gas tube style internally lit signs. This would have to go before Town Meeting and be approved by 2/3 vote.
LK suggested that while considering changes to the HD Bylaw, the Commissioners review the language of the “hardship clause” and bring suggestions to the next meeting. Another suggestion is to consider looking into a Demolition Delay Bylaw.
LK made a motion to have Bill Thornton contact owners of the buildings in the HD with neon signs or internally lit signs inform them that they need to petition for approval though the HDC. ES seconded the motion. The Commission voted to approve 3-0.
LK made a motion that the HDC rewrite the Historic District Bylaw to clearly prohibit internally lit signs in the Historic District. ES seconded and the Commission voted to agree 3-0.
LK made a motion to ask the Planning Board to initiate a demolition delay bylaw. ES seconded the motion. The Commission voted to agree 3-0. LK said that the Historical Commission has done extensive research on this topic and asked LM to involve the HC when this comes before the Planning Board. She added that this bylaw should include all structures in Lenox and not be limited to the Historic District.
The Commission also discussed involving the Historical Commission as an advisory body to the HDC with regards to applications.
Approve Minutes
September 17, 2013-JB, SS, ES were present for this meeting. The only member still on the HDC from that date is ES. The Rule of Necessity should be invoked so that these minutes can be approved.
LK encouraged that the Commission invoke the Rule of Necessity. LM made a motion to accept the minutes as written and ES seconded the motion. The Commission voted to approve 3-0.
June 17, 2014-LK, LM and KF were present for this meeting. KF made a motion to approve the minutes as written and LK seconded the motion. The Commission voted to agree 3-0. (Note: KF did not sit as a member on the Commission for tonight’s meeting, but because he did sit on the Commission for the June 17th meeting, he participated in approving the minutes.)
July 15, 2014-LM, LK and ES were present for this meeting. LK made a motion to accept the minutes as written and LM seconded the motion. The Commission voted to approve 3-0.
Other Business
LM advised the Commission that she has spoken with Rep. Smitty Pignatelli regarding expanding the historic lighting (Westinghouse) lighting to Main St. Because Main St. is wider, the historic lights may not provide sufficient lighting, and some cobra light posts may have to be left. Rep. Pignatelli said he may be able to get a grant. LK suggested that if cobra lighting is to remain, it be at the intersection at Town Hall and further up Main St.
ES made a motion to adjourn and LK seconded the motion. The Commission voted to adjourn at 6:25 pm.
Respectfully submitted,
Peggy Ammendola
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