Office of Outdoor Advertising
Public Meeting
March 13, 2014
11:00 AM
Ten Park Plaza
Conference Rm 5 & 6
Boston, MA 02116
Present:
Edward Farley, Executive Director
Chris Quinn, Esq., Counsel
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Office of Outdoor Advertising March 13, 2014
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P R O C E E D I N G S
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EDWARD FARLEY:
Good morning everyone.
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Today is March 13, 2014.
Welcome to the Office of
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Outdoor Advertising meeting.
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is Ed Farley.
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This is to my left, Chris Quinn, our legal counsel.
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would like to remind everyone if you haven’t already
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done so, please sign in at the side of the room here.
It is 11:00 AM.
My name
I am the Director of the Department.
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There are also agendas and minutes from the February
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13, 2014 OOA Public Meeting.
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With that, I would like to review the
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minutes from the February 13, 2014 minutes.
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any comments?
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2014 OOA Minutes are adopted.
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Are there
Hearing no comments, the February 13,
First item, there is an application for
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license from 71 Newbury Street Properties.
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someone here representing these properties.
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for the record, can you give us your name please.
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DAVID MODICA:
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ED FARLEY:
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DAVID MODICA:
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ED FARLEY:
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I
Is there
Okay sir,
My name is David Modica.
Okay, I’m sorry, last name?
Modica.
Modica.
For clarification
is the 71 Newbury Street Properties, is this a
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partnership or an LLC.
DAVID MODICA:
It is an LLC but it is a
partnership LLC.
ED FARLEY:
Okay, can counsel give me a
distinction on that.
CHRIS QUINN:
think you could be both.
Is it both?
I didn’t
I think --
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DAVID MODICA:
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is handled as a partnership.
It is a corporation that
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CHRIS QUINN:
All right.
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DAVID MODICA:
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CHRIS QUINN:
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an LLC filing with the Secretary of State?
For tax reasons.
All right, well is there
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DAVID MODICA:
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CHRIS QUINN:
I believe so.
All right.
We would
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probably would just license the LLC rather than the --
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if that is okay with you.
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DAVID MODICA:
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CHRIS QUINN:
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ED FARLEY:
No, that’s fine.
Okay.
Okay, I think what we are
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waiting on is the Certificate of Good Standing from
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the Mass Department of Revenue.
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DAVID MODICA:
The certificate of Good
Standing had to be the way the taxes are filed.
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was the hold up.
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ED FARLEY:
Okay.
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DAVID MODICA:
They wouldn’t recommend
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the LLC as a corporation because it is a partnership,
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a tax right-off.
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within the next couple of days.
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It was issued and it should be here
ED FARLEY:
Okay.
So a Certificate of
Good Standing if forth coming then?
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DAVID MODICA:
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ED FARLEY:
Yes sir.
Okay, what I am going to do
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with this license is I am going to keep it under
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advisement until the certificate comes through.
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DAVID MODICA:
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ED FARLEY:
Okay.
When I receive the
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Certificate of Good Standing in hand, I am inclined to
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issue the license.
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that?
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for 71 Newbury Street will be held under advisement
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for the moment.
No, okay.
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Is there any public comment about
So the application for new license
The next item of business is a transfer
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of permits from Boston Outdoor Ventures to Lamar
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Whiteco.
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The application appears to be in order.
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comment about the transfers?
I have the transfer application in hand.
Is there any
Hearing no comment,
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transfer of permits from Boston Outdoor Ventures to
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Lamar Whiteco Outdoor for permit numbers 2013D047 and
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2013D048 are approved.
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Okay, moving on to agenda item C,
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application for electronic permits.
First applicant
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is Eagle Advertising.
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going to discuss this morning is the Pleasant Street
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location.
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received by the Town of West Bridgewater on January
The first sign that we are
For the record, municipal notification was
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24, 2014.
So we have applications 2014D011 and
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2014D012.
May I ask is the applicant present this
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morning?
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WALTER PIERONI:
Mr. Farley, Walter
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Pieroni (sounds like).
I am an attorney representing
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Eagle Advertising and with me is Connor McLaughlin who
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is a principle in Eagle Advertising.
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ED FARLEY:
Thank you.
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WALTER PIERONI:
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ED FARLEY:
Thank you.
Is there anyone from the
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municipality present this morning?
Is there anyone
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from the District Office or Traffic Operations present
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this morning?
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to abutters within 500-feet sent at least 30-days
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prior to submittal of this application?
Okay, so may I ask, was certified mail
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WALTER PIERONI:
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ED FARLEY:
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present this morning?
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written comments received?
Yes, sir.
Are there any abutters
Can I ask you were there any
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WALTER PIERONI:
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ED FARLEY:
Okay.
Nothing received.
This was received
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via a special permit from the Town of West
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Bridgewater?
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WALTER PIERONI:
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ED FARLEY:
Okay.
That’s correct.
Who did the
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inspection?
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Can you please give me an overview of your field
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inspection report?
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Okay, Marc Plante did the inspection.
MARC PLANTE:
I can.
This is a
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proposed monopole, digital, located facing the Route
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24 in West Bridgewater.
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via Pleasant Street which is running parallel to Route
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24.
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My access to the property was
The area is of commercial character.
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The two businesses I have listed are Atlas Self
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Storage and IW Harding Construction which satisfies --
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they are within 500-feet.
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ED FARLEY:
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Okay, so you did a
measurement and you found that there are two separate
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businesses within 500-feet of the proposed location.
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MARC PLANTE:
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ED FARLEY:
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MARC PLANTE:
Yes sir.
Okay.
As far as parks and
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recreational area, we didn’t have anything of that
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nature.
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ED FARLEY:
Okay, can I ask, it looks
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as if the parcel where the proposed sign is to be
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located is on an industrial commercial parcel.
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MARC PLANTE:
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ED FARLEY:
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Can I ask where your point
of access to the sign is going to be?
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It is adjacent to it.
WALTER PIERONI:
It is through Pleasant
Street.
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ED FARLEY:
Okay, and there is an on-
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premise sign close by to that location and from the
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storage facility.
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MARC PLANTE:
Yes, I can comment on
that.
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Was that --
WALTER PIERONI:
there is a sign not our site.
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ED FARLEY:
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CHRIS QUINN:
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At the Atlas site
show that.
Okay.
All right, maybe we can
Can we zero in?
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JASON BEAN:
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CHRIS QUINN:
Okay, it is a little hard
MARC PLANTE:
Now this is within 50-
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That’s it.
to see.
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feet of the proposed sign stake.
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observing, that sign cannot be blocked or hindered
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with, it exists, it is on premise, it’s legal.
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measurement from where the base of the monopole is to
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be the sign would be 23-feet above that, the existing
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In my comments
So the
on-premise sign.
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ED FARLEY:
Okay, I understand.
I
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think a concern may be in terms of the proximity to
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the on-premise sign is will there be -- will the
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proposed off-premise sign obscure the on-premise sign
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from a southbound direction.
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know the answer to that.
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sign is 35-feet and 21-feet from the bottom of the
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face.
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it may be of concern in terms of the existing on-
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premise sign from their visibility standpoint from
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Route 24.
I don’t know that we
The proposed height of the
I just want to note that for the record, that
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Are there any other comments Marc?
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MARC PLANTE:
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No, outside -- you asked
the question of access and he said from Pleasant
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Street which answers that question and they cannot
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obstruct that on-premise sign from view of Route 24.
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ED FARLEY:
Okay.
Is there any other
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comment from the applicant this morning?
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WALTER PIERONI:
No.
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ED FARLEY:
Is there any public
No.
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comment in general in this application?
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applications 2014D011 and 2014D012 are going to be
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taken under advisement.
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Okay.
Permit
That moves us along to the next item
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application number 2014D013 and 2014D014.
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the record, municipal notification was received on
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January 24, 2014.
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present.
We know that the municipality is not
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present.
I’m going to again ask, is there anyone from
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the District Office and/or Traffic Operations present
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this morning.
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mail sent to abutters at least 30-days prior to --
We know that the applicant is
Again, I’m going to ask, was certified
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WALTER PIERONI:
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ED FARLEY:
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Yes, sir.
Okay, any written comment
received?
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WALTER PIERONI:
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ED FARLEY:
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Again, for
No comments.
Again, this was issues via
special permit from the Town of West Bridgewater?
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WALTER PIERONI:
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ED FARLEY:
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Okay.
Marc, did you do the
inspection again?
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MARC PLANTE:
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ED FARLEY:
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That’s correct.
Yes sir.
Okay, can you give me an
overview, please.
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MARC PLANTE:
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proposed digital monopole.
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character.
This would be another
The area is business
Two businesses are D’Angelos, I believe it
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is a corporate office and Double E Company
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Incorporated which makes printing material
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legitimately 500-feet within 500-foot distance.
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ED FARLEY:
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MARC PLANTE:
Okay.
It does not -- there is
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no park or recreational facilities.
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to exist in that particular spot.
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issues, 780-feet to the north there is an existing
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monopole which is unlicensed, unpermitted.
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to be on-premise but is in disrepair, not able to read
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any current advertisement.
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ED FARLEY:
They don’t seem
As far as spacing
It seems
Okay, can I ask the
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applicant, is this an adjacent parcel, is this one
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parcel, is this your -- is this the applicants
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property?
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WALTER PIERONI:
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signs.
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sign which is being replaced.
One is in the exact location of the proposed
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ED FARLEY:
Okay, is that the D’Angelos
sign?
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WALTER PIERONI:
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ED FARLEY:
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WALTER PIERONI:
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is not on premise.
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it.
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Okay.
That is not on premise or
that is on premise?
WALTER PIERONI:
ED FARLEY:
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CHRIS QUINN:
Okay.
So that is not your
WALTER PIERONI:
CHRIS QUINN:
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WALTER PIERONI:
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Our client through an
affiliate owns that property.
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It is
clients sign.
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That is not.
adjacent property.
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The second one, I
That is on property adjacent to
ED FARLEY:
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Correct.
believe is the one that is being referred to, and that
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There are two monopole
Through an affiliate.
But it is not the same
property.
CHRIS QUINN:
All right.
I think we
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would need where it is an affiliate we would need that
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sign to be dealt with.
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ED FARLEY:
Do you have an intent on
removing that sign.
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WALTER PIERONI:
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ED FARLEY:
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CHRIS QUINN:
WALTER PIERONI:
ED FARLEY:
It is on a different
premises.
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It is not on this
premise.
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I think it is not on-
premise.
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So your position is that
that is an on-premise sign currently.
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No.
WALTER PIERONI:
It is on adjacent
property, yes.
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ED FARLEY:
When we refer to an on-
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premise display, the intent there is that the sign is
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advertising a good of service that is taking place on
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that particular parcel.
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UNIDENTIFIED SPEAKER:
The sign is not
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in use currently.
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proper position we are going to seek to have it
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restored.
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It is going -- once we are in the
ED FARLEY:
To advertise a business on
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-- that is taking place on that --
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UNIDENTIFIED SPEAKER:
Static off-
premise advertising.
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ED FARLEY:
Static on-premise.
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UNIDENTIFIED SPEAKER:
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CHRIS QUINN:
Off.
All right, well it would
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be eligible for a static off-premise but not a
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digital.
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look at that as well.
All right, I think we would have to take a
I think we would like it to be
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either permitted or removed, one or the other because
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it is in a state of disrepair and it is a bit of an
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eyesore.
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advisement and I think we can talk about that and
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hopefully we can resolve it.
So I think we will just take it under
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ED FARLEY:
Any further comment?
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WALTER PIERONI:
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ED FARLEY:
No, thank you.
Application numbers
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2014D013 and 2014D014 are under advisement.
We will
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move onto our third application from Lamar Central for
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a proposed site in the City of Chicopee and the
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application number is 2014D015.
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notification was received by the City of Chicopee on
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January 27, 2014.
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this morning?
Municipal
Can I ask if the applicant present
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PAT KEOUGH:
Present, Pat Keough, Lamar
Central Outdoor.
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ED FARLEY:
Thank you, Mr. Keough.
Is
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there anyone representing the City of Chicopee here
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this morning?
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Traffic Operations?
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certified mail sent out to abutters at least 30-days
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prior to submittal of the application.
Anyone from the District Office and/or
Okay, Mr. Keogh, can I ask was
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PAT KEOUGH:
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ED FARLEY:
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Okay.
Did you receive any
objection in writing?
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Yes it was.
PAT KEOUGH:
I did not receive anything
back.
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ED FARLEY:
Okay and for the record and
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I believe the stenographer has the letters in hand.
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The office did receive three letters of opposition to
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the proposed conversion.
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letters of opposition.
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letters were sent by a Russell Seelig, Andrea Donlon,
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and John Gormally.
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are reviewing those letters and the merits of the
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complaints.
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morning?
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The stenographer has the
Again, for the record, the
So that is for public record.
We
Are there any abutters present this
Okay.
And you received this permit from the
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City of Chicopee.
Was this issued via special permit?
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PAT KEOUGH:
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ED FARLEY:
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Bean did the inspection.
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your reports.
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Yes, it was.
Okay.
Who did -- Jason
Can I get an overview of
JASON BEAN:
Yes.
This location has an
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existing monopole.
One side is the digital and the
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sign up for permit here is currently a static to be
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converted.
It is no height change.
I believe the
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sign face is just going to be swapped out to a
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digital.
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are no spacing issues.
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mentioned, have some opposition to it.
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up for discussion.
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Rockrimmon Auto and Johnstone Supply.
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of commercial and business activity.
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businesses are down south of the pushpin on the map
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there.
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It is currently sitting at 67-feet.
There
We did as the Director
That will be
There are two businesses
This is an area
The two
It will face the Connecticut River.
At this point, we did receive another
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complaint about another sign behind it that we are in
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the process of investigating that’s old.
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have some issues going forward.
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it from being noncompliant that I found.
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scenic byway per our tools that we use to figure that
So we do
Nothing that prevents
It is not a
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stuff out.
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There is a -- as shown on the map here.
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There is a park across the way here.
They refer to it
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as land along the Connecticut River.
I couldn’t find
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anything specific that basically said it was
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protected.
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the dyke system is built along the river but there is
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nothing that I found within 300-feet of this.
I believe it’s not.
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CHRIS QUINN:
It is an area where
Is that park more than
300-feet from the proposed sign?
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JASON BEAN:
It absolutely is.
It is
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actually beyond 800.
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500-feet of a ramp but Chicopee does meet the criteria
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of over 50,000.
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spacing issues and the current permit of 95010 will
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need to be surrendered and removed before this is
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built.
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This particular site is within
They have 54,000 plus.
ED FARLEY:
Okay.
There are no
Just for
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clarification, there is another sign that is
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approximately how many feet from --
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JASON BEAN:
It is roughly -- so we do
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measure along the road here, so it is not point to
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point, we measure along the road.
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because of the terrain, not exactly but it is roughly
I roughly got
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about 300-feet.
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ED FARLEY:
But that sign is not
permitted from --
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JASON BEAN:
This is the location right
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here of basically was just a sign that used to say
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land for lease.
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believe was a healthcare ad on there now.
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the landowner.
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understand the issues that they have with it.
I did come across it one day that, I
I spoke to
They are aware of it and they
So we
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are in the process of working with Bay State Hospital
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is the owner of the land, so we are working with their
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lawyer to rectify the situation.
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permit and the location, as far as I have been able to
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find has never been permitted.
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CHRIS QUINN:
It does not have a
All right.
So the other
sign is unpermitted.
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JASON BEAN:
Exactly.
So I sort of
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removed that from what we are doing since that is a
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separate issue that I didn’t take in account the
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spacing to that sign because it is not legal at this
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point.
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ED FARLEY:
Okay.
I am going to share
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with the applicant too, there is an interoffice memo
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from the District Office that you can take a look at.
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I am going to wait to hear from Traffic Operations in
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terms of any concerns that they may have because of
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decision making points in the roadway.
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you have any other questions or comments?
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CHRIS QUINN:
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ED FARLEY:
Counsel, do
No.
Okay.
Mr. Keough, are
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there any other comments from you relative to the
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application?
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PAT KEOUGH:
No, unless you have any
other questions for me.
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ED FARLEY:
No.
Is there any public
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comment about the application?
Hearing none
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application 2014D015 is taken under advisement.
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the Record items, I open the meeting up to public
15
comment.
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Hearing no public comment, it is 11:21 am and this
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meeting is adjourned.
Is there any public comment this morning?
Thank you.
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For
(Whereupon, the proceedings were
concluded on March 13, 2012 at 11:21 a.m.)
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Office of Outdoor Advertising March 13, 2014
C E R T I F I C A T E
I, Tammy A. Hillery, do hereby certify that the
foregoing record is a true and accurate transcription of
the proceedings in the above-captioned matter to the best
of my skill and ability.
_________________________________________
Tammy A. Hillery
**All names not provided were spelled phonetically to
the best of my ability.
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