(Oct. 13, 2016) In a tense 3-0 vote with two members abstaining, the Berlin Historic District Commission ruled last Wednesday that outgoing Town Council member Lisa Hall must remove the sign from her Berlin Butcher Shop on Williams Street.
Commission member Robert Poli said the large, pylon-mounted sign had a series of violations and that it apparently went up without approval.
“This commission was established for a reason,” Poli said. “We were asked to be members of this commission for a reason, therefore our findings, opinions and decisions should be respected.”
Citing the Town Code, Poli said “anyone making changes within the historic district without approval by the commission shall be deemed guilty of a municipal infraction.”
Failure to to comply with the code carries a fine of not less than $25 nor more than $400, with each day the violation continues considered a separate offense.
“I’m hoping that you understand and respect our position as members of the historic district commission,” Poli said to Hall. “My decision on this matter, based on my study of historic district code chapter 104 and the adopted standards … [is] the sign as well as the signpost needs to be removed.”
Chairwoman Carol Rose said she reviewed the commission meeting minutes pertaining to the sign, when Hall had come to discuss other changes to the building.
“We asked you about that and you said you probably would do something, but at a later time and that you knew you had to come for approval,” Rose said. “Why would you order something?”
“I didn’t order it,” Hall said, adding that the sign was installed without her knowledge.
“Well, somebody had to order it,” Rose said. “He just didn’t make one up.”
Hall said the company that installed the sign sent her a rendering, and that she had been “super busy.” Three weeks later, she said, “it appeared.”
“I didn’t approve it. He thought he was doing me a favor. He thought I was busy,” she said. “He just was down in the area with the bucket truck and said, ‘swing by and put the sign up.’”
She went on to say there was “nothing historically significant about that corner property.”
“Technically, you never approved it, the company put it up without your approval, so you can just tell them to take it down,” Poli said.
“Oh, I love that sign,” Hall said. “I’m going to keep it up.”
Planning Director Dave Engelhart disagreed with Poli’s assertion that the code did not include signposts as a “structure.”
He said the code’s definitions of a “structure” include “display signs visible or intended to be visible from a public way,”
Engelhart also said applications were required for “any structure.”
“We know that wasn’t done beforehand,” he said, “but [code] makes no mention of removing any existing structure … in this case we have no authority to remove the pylon sign.”
He added that the “mid-century” building, constructed in 1944, likely did not have any historical significance.
“You have to consider those things. We have no authority to take down the pylon sign. The matter for you to decide is the sign itself – the insert,” he said. “That’s my take on it.”
After some discussion, commission member Laura Stearns moved to approve the sign. After that did not receive a second, Poli moved to deny approval.
Two commission members abstained, Stearns and Mary Moore, citing some confusion with Engelhart’s ruling. Rose, Poli and Betty Tustin voted “yes.”
“The sign will come down,” Rose said.
“I just want to tell you all, I’m very impressed that you’re following the code now,” Hall said, sarcastically.
“It’s a shame you didn’t,” Rose said.
Engelhart clarified last Thursday that the sign itself “has to come down.” The pylon, however, will stay, although the commission discussed sending a letter to the property owner, Hale Harrison, asking him to remove it.
The town had approached Hall about the violation, according to Engelhart, and he estimated the sign had been up for about a month.
Asked whether a fine would be assessed, Engelhart said, “We’ll see how fast it comes down.”
Also during the meeting, the commission approved an outdoor walk-in freezer and sign at the new Fins restaurant 119 North Main Street, as well as a new sign at 19 Jefferson Street, the home of Jeffery Auxer Designs.
Commission member Robert Poli said the large, pylon-mounted sign had a series of violations and that it apparently went up without approval.
“This commission was established for a reason,” Poli said. “We were asked to be members of this commission for a reason, therefore our findings, opinions and decisions should be respected.”
Citing the Town Code, Poli said “anyone making changes within the historic district without approval by the commission shall be deemed guilty of a municipal infraction.”
Failure to to comply with the code carries a fine of not less than $25 nor more than $400, with each day the violation continues considered a separate offense.
“I’m hoping that you understand and respect our position as members of the historic district commission,” Poli said to Hall. “My decision on this matter, based on my study of historic district code chapter 104 and the adopted standards … [is] the sign as well as the signpost needs to be removed.”
Chairwoman Carol Rose said she reviewed the commission meeting minutes pertaining to the sign, when Hall had come to discuss other changes to the building.
“We asked you about that and you said you probably would do something, but at a later time and that you knew you had to come for approval,” Rose said. “Why would you order something?”
“I didn’t order it,” Hall said, adding that the sign was installed without her knowledge.
“Well, somebody had to order it,” Rose said. “He just didn’t make one up.”
Hall said the company that installed the sign sent her a rendering, and that she had been “super busy.” Three weeks later, she said, “it appeared.”
“I didn’t approve it. He thought he was doing me a favor. He thought I was busy,” she said. “He just was down in the area with the bucket truck and said, ‘swing by and put the sign up.’”
She went on to say there was “nothing historically significant about that corner property.”
“Technically, you never approved it, the company put it up without your approval, so you can just tell them to take it down,” Poli said.
“Oh, I love that sign,” Hall said. “I’m going to keep it up.”
Planning Director Dave Engelhart disagreed with Poli’s assertion that the code did not include signposts as a “structure.”
He said the code’s definitions of a “structure” include “display signs visible or intended to be visible from a public way,”
Engelhart also said applications were required for “any structure.”
“We know that wasn’t done beforehand,” he said, “but [code] makes no mention of removing any existing structure … in this case we have no authority to remove the pylon sign.”
He added that the “mid-century” building, constructed in 1944, likely did not have any historical significance.
“You have to consider those things. We have no authority to take down the pylon sign. The matter for you to decide is the sign itself – the insert,” he said. “That’s my take on it.”
After some discussion, commission member Laura Stearns moved to approve the sign. After that did not receive a second, Poli moved to deny approval.
Two commission members abstained, Stearns and Mary Moore, citing some confusion with Engelhart’s ruling. Rose, Poli and Betty Tustin voted “yes.”
“The sign will come down,” Rose said.
“I just want to tell you all, I’m very impressed that you’re following the code now,” Hall said, sarcastically.
“It’s a shame you didn’t,” Rose said.
Engelhart clarified last Thursday that the sign itself “has to come down.” The pylon, however, will stay, although the commission discussed sending a letter to the property owner, Hale Harrison, asking him to remove it.
The town had approached Hall about the violation, according to Engelhart, and he estimated the sign had been up for about a month.
Asked whether a fine would be assessed, Engelhart said, “We’ll see how fast it comes down.”
Also during the meeting, the commission approved an outdoor walk-in freezer and sign at the new Fins restaurant 119 North Main Street, as well as a new sign at 19 Jefferson Street, the home of Jeffery Auxer Designs.