Historic District Commission
Minutes
Landuse Meeting Room
August 18, 2015
Members present: Acting Chair Ken Fowler, (KF); Lucy Kennedy, (LK); Mark Smith, (MS); Jason Berger, (JB)
Members absent: Elaine Steinert (ES)
Staff present: Peggy Ammendola, Land Use Clerk, PA
The meeting was called to order 5:39 PM.
The newest member to join the HDC was Jason Berger who was recently re-appointed by the Board of Selectmen. He had contributed 10 years to the Commission before resigning June 4, 2014.
Discussion regarding neon signs-Originally scheduled for July 21st but canceled as there were no applications on the agenda. Don Fitzgerald, Building Commissioner, was present to discuss enforcement.
Also in attendance was Clarence Fanto of the Berkshire Eagle.
Several months ago the issue of whether neon signs were permitted in the HD and who was responsible for enforcement was presented to Town Counsel, Janet Pumphrey. KF read from the ruling which in part stated that neon signs not approved by the HDC are in violation of the bylaw and the Building Commissioner is the enforcement officer. Further the HDC regulations provide that neon signs and internally lit signs are not in keeping of the historic character of the Historic District and should not be used. Town Counsel cited a case law from 2000, Chelmsford vs Kalos, in which she said was almost exactly the same as the issue in Lenox. Attorney Pumphrey said that the HDC should confirm that the neon signs were never authorized and then seek enforcement from the Building Commissioner.
JB asked to be updated on this issue. KF responded that many years ago the Commission started talking about neon and if it had the authority to ask for removal. The Guidelines state “internally lit” and the Commission’s interpretation was that this included neon and the Commission had the authority to prohibit. In particular, a restaurant in the District, although operating under different owners, has had a neon sign for 50 or 60 years. The present owner feels that his neon sign is “grandfathered”, but signs are not grandfathered. There has been no enforcement and it is believed that this sign has resulted in other businesses installing internally lit signs. The violation is that applications have not been submitted for any of these signs. It is feared that more businesses will follow
suit.
Initially Mr. Fitzgerald said that since “open” signs and signs giving the hours of operation were “by right” he did not feel that he could enforce something that was allowed. Additionally, it was not spelled out that the Building Commissioner was the enforcement agent for the HDC. Town Counsel has ruled that since the BC is the sign enforcement officer, this would include enforcement of signs in the HD.
It had been determined that 3-4 violations have occurred due to the fact that signs were put up without permits. Mr. Fitzgerald asked that if a Commissioner noted a violation, the Commission as a whole, not as a single member, request him to investigate.
MS expressed frustration that the recent installations of sign requests approved by the Commission were not in compliance with the permit. One in particular was a sign which was swinging. Discussion ensued regarding safety under high wind conditions with swinging signs versus rigid attachments. It was agreed that this should be saved for a later discussion, but swinging signs were not allowed in the HD.
Mr. Fitzgerald said that he would look at the most recent HD permits to see what has been permitted and follow up for compliance. He would also refer to previous minutes. He will investigate the potential violations discussed at this meeting. In the future, he asked that if the Commission wants him to look into any potential violations to notify him in writing.
JB made a motion that the HDC ask the Building Commissioner to look into the following potential sign violations: Gateways, Frankie’s, Brava, Bagel and Brew, O’Brien’s and Fountain of Youth. MS seconded the motion and the Commission voted in favor 4-0.
Alternate Appointment-Due to an oversight this was not acted upon.
Other Business-LK said that she recently attended a Massachusetts Historic Preservation conference. She did not represent the HDC. She will share with the Commission some of the material she received.
Approve Minutes-July 7, 2015-LK made a motion to approve the minutes as presented and MS seconded the motion. The Commission voted to approve 3-0-1. JB abstained as he was not on the Commission at that time. Note-There was no meeting on July 21st.
LK made a motion to adjourn. MS seconded the motion and the Commission voted 3-0 to adjourn at 6:50 PM.
Respectfully submitted,
Peggy Ammendola
| 
