Town of Lenox
Planning Board
October 11, 2011
Land Use Meeting Room
Members present: Chair Joseph A. Kellogg, JK; Vice Chair Steve Sample, SS; Gary Schiff, GS; Kate McNulty-Vaughan, KMV; and Mark S. Smith, MS.
Staff present: Mary Albertson, Town Planner, MA
The meeting was called to order at 6:02 pm. ~
Approval Not Required Plans: No plans were submitted.
Recommendations to Town Boards & Commissions: The Board reviewed a request from the Zoning Board of Appeals (ZBA) for input on a variance petition submitted by the Hoadley Gallery seeking additional signage at their Church Street location. Discussion ensued and members agreed to advise the ZBA that having just begun work on a review of the sign bylaw, we are reluctant to offer comments at this time in the interest of keeping an open mind about what a new bylaw should contain.
Review Correspondence: JK reported that the Pittsfield Community Development Board has offered to host a meeting to further discuss the Route 7/20 Corridor Study. Two meeting times have been proposed, November 15, 2011 or November 29, 2011. The consensus of the members was to meet on November 29th. MA will finalize arrangements with the Pittsfield board.
Decisions and notices of public hearings from abutting communities, as well as other correspondence were reviewed.
Minutes: KMV made a motion to approve the minutes of September 27, 2011. ~MS seconded the motion and the Board voted 5-0 to approve.
Other Business: The Board discussed the format of the upcoming sign informational/input meeting and agreed that a presentation should not be offered, but instead to just listen to comments and concerns from those in attendance. MA will record the comments.
Board members agreed to conduct a regular meeting on October 18, 2011 at 6:30 pm prior to the next sign informational/input meeting and to cancel the October 25th meeting. SS and MA have invited the Historic District Commission to attend the October 18th sign meeting.
SS commented that the informational sign for the proposed gazebo is still up in Lilac Park and should be removed as the permit has expired SS also noted that minimal paving work has been done at the Stoneledge subdivision, but there is no final pavement as of yet.
Public Participation Session on Sign Regulation Review: JK opened the session at 7:00 pm in the Town Hall Auditorium and introduced Board members and the Town Planner. He said that the Board understands the need for a revision of the sign regulations and noted that the purpose of this session is to listen to comments and concerns. JK further stated that the Board’s goal is to improve the sign regulations, however cautioned that they will never be perfect. The current plan is to remove the existing regulations in their entirety and replace them with a completely new document. He asked that participants tell the Board both what is positive about the existing regulations as well as the negatives. It was noted that the Board’s initial focus will be on the village business
district with hopes of presenting a revised bylaw to voters at a spring Special
Town Meeting. This timeline could shift if additional work is needed. The Board is going into this process with an open mind and will craft new regulations based on the input it receives from the public participation sessions as well as research into how other communities deal with this issue. A second public participation session is scheduled for October 18, 2011 at 7:00 PM. JK then opened the meeting to public comment.
Tom Werman read a prepared letter which will be delivered to MA later in the week. He stressed that an important distinction must first be made. Lenox’s downtown area is a historic commercial district – not a commercial historic district. He feels the bylaws are outdated and the strict application of the bylaws has lead to an ongoing struggle between merchants and town traditionalists. He feels there has been an honest attempt to create a “business-friendly” environment but noted the reluctance to support businesses in town regarding their operational needs. He stressed that in this painful economy, Lenox needs a strong and vital commercial environment and its resulting tax revenues. Our elected and appointed boards should find ways to promote commerce. He
noted the need for zoning regulations but stressed there are procedures in place for amending and updating the bylaws that no longer work. He closed by stressing that a few sandwich boards for two months a year won’t destroy the historic integrity of Lenox.
Jenn Nacht, of The Scoop, understands the need to maintain the historic district. The two week permit does not work. She would like the permit to be issued for the season. She said she has two young children and it is difficult to attend night meetings to request a sign every two weeks. She worked with a sign company to design a permanent sandwich sign and feels chalk board or white board signs do not standup to bad weather. She suggested her sandwich sign could be a template for other signs and stressed the success of Apple Squeeze. She suggested it is successful because it is a festival atmosphere and merchants have sidewalk displays.
Ruth Wheeler of Clearwater Natural Foods supports the efforts to rewrite the sign regulations. She said the Board should review the number of allowed signs. She thinks many businesses need more than one sign. She stressed the need for window displays. She would like to see provisions for merchandise on the sidewalks. She said that when she displayed vegetables on a cart outside her door – the vegetables sold-out quickly. When she was told to remove the cart, her vegetable sales dropped. She suggested reasonable regulations such as a limit of one cart or one table per business.
JK explained that within the village, both the Zoning Bylaws and the Historic District Commission (HDC) Guidelines apply. The Planning Board can propose changes to the Zoning Bylaw, but the HDC has jurisdiction over the Guidelines. He noted that SS represents the Planning Board on the Historic District Commission and said the HDC has been invited to attend the October 18th session. The Board hopes to work with the HDC to ensure updates to the Zoning will be reflected in the Guidelines.
Ken Fowler, President of the Lenox Chamber of Commerce, said he served on the Planning Board and the HDC prior to becoming a Selectman and noted that signs are always an issue. He noted that the village merchants have layers of regulations to navigate. He said that we made the outdoor dining regulations more business friendly and that has been successful. He feels the same will hold true for the sign regulations and stressed that the time has come to change the sign regulations.
Tom Hoadley, of the Hoadley Gallery said that he is in the middle of the variance process to allow additional signage. He said he has three suggestions: Allow for banners and flags; Regulations should reflect the changes that were made to the sidewalks in recent years; and he has come to learn that variances are very difficult to obtain and suggested that the process be less restrictive and allow for exceptions for individual circumstances.
Ralph Petillo, Director of the Lenox Chamber of Commerce, noted that he is a former village business owner and said that the shops and the restaurants are why people visit Lenox. He believes temporary signs should be allowed all year not just the busy summer season. Signs should reflect the character of the Historic District. Temporary signs could be two styles either free standing or hanging signs. The size should be uniform. He suggested that non-permanent signs be half the size of allowed permanent signs. Non-permanent signs should have specific hours of display. The color for framing and body of the sign should reflect the character of Lenox. Permits should be yearly and not every two weeks. Finally, there should be clearly defined penalties and fines.
Tina Tartaglia, of Prime & Berkshire Yogurt, asked specific questions regarding the existing bylaws. JK suggested that she consult with the Building Commissioner after the meeting. She said that she likes flags and banners. She emphasized the need to allow signs that can be changed such as a white board sign.
William Thornton, Building Commissioner, suggested that the Board be careful regarding sidewalk displays and should review liability issues. He also stressed the importance of accessibility and the Americans with Disabilities requirements. He asked that the Board clarify if neon signs are prohibited and suggested that the American flag be exempt for any regulations. This is not clear in the existing bylaws.
Jim Harwood, former HDC member, said he also had to obtain special permission to erect his business sign. He is familiar with the regulations and the permitting process and suggested that the number of signs be very clear. He believes there is room for sandwich signs.
David Roche, Business Owner and Selectman, said revised sign regulations will help local businesses. He suggested that the Board review the sign regulations for Newburyport and Concord and urged the Board to make signs by-right versus special permit.
Lynn West, of Glad Rags, said she would like to see new businesses succeed. She thinks temporary signs such as sandwich boards should be allowed all year. She said that the Town erected banners on the street lights for organizations outside the village such as Shakespeare and Company and Ventfort Hall. The Town should allow village businesses to have banners. She feels local business owners are savvy and will do the right thing. Let the business creativity come through in signs. She does not see the need for neon signs. She thinks the permitting process should be reduced.
Sharon Hawkes, Executive Director of the Lenox Library, noted that the issues seem to be: size, color, material, placement, safety and temporary versus permanent. She said that some buildings were built with signs in mind and others were not. Lenox village is a case where many of the buildings were not built with signs in mind. Banners and flags might be helpful as they indicate the town is open for business. She stressed the need for an easy application process.
Claudia Case, New Business Owner, said she operates a tutoring business and recently signed a lease on a new office space in the village. She said that some warned her that Lenox is not business friendly but she wanted to have her business here. JK encouraged her to see William Thornton after the meeting regarding signs for her business. KMV asked Ms. Case to stay in contact with the Board regarding her experience and noted the Board would welcome feedback on the process.
Jim Terry, of Villager Gifts, would like to make Mr. Thornton’s job simpler by making the rules easier to understand and less subjective. He sees a need for allowing additional signs for business owners that have multiple businesses in one storefront.
Joan Cornell, of Jewelz, said her business is located on Walker Street which is separated from the core village and she sees a need for sandwich signs. Prior to opening her business on Walker Street, she sublet space at Shooz and Casablanca. Walker Street is a drive-by location and temporary signs are important. She noted that when the Town reconstructed the village they should have made provisions for directional signs.
Jean Ives Bougouin, of Patisserie Bakery, said he had problems with the sign regulations. Sandwich signs are very important to his business. He noticed a drop in business when he could not put out his sign. The enforcement process should be more business friendly.
JK announced that there will be a second informational/input meeting next Tuesday at 7:00 PM and encouraged people to attend. He noted that the Board meets the second and fourth Tuesday of the month and encouraged interested audience members to attend Board meetings. JK reminded the audience that there is a sign-up sheet in the back of room and encouraged participants to sign-in. He thanked everyone for their thoughtful comments and input.
David Roche thanked the Board for hosting the meeting. He said the meeting was very productive and hopes the process will remain positive.
GS made a motion to adjourn the meeting at 8:05pm. ~KMV seconded the motion and the Board voted 5-0 to approve. ~
Respectfully submitted,
Mary Albertson
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