Office of Outdoor Advertising Public Meeting May 8, 2014 11:00 AM Ten Park Plaza Conference Rm 5 & 6 Boston, MA 02116 Present: Edward Farley, Executive Director Chris Quinn, Esq., Counsel 2 Office of Outdoor Advertising May 8, 2014 1 P R O C E E D I N G S 2 3 EDWARD FARLEY: Good morning everyone. 4 Welcome to the Office of Outdoor Advertising Public 5 Meeting for May 8, 2014. 6 Ed Farley. 7 left is Chris Quinn our legal counsel. 8 like to remind everyone, if you haven’t already done 9 so, please sign in at the side of the room here. It is 11:00 AM. My name is I am the Director for the office and to my I would just 10 There are also agendas and minutes from lasts months 11 meeting. 12 With that we will review the April 10, 13 2014 minutes. Are there any comments regarding these 14 minutes? 15 April 10, 2014 OOA Public Meeting are adopted. Hearing no comments, the minutes from the 16 First agenda item this morning is an 17 application for a new license from Mall@Northshore 18 LLC. 19 reviewed. 20 documentation. For the record, this application has been It is in order with the accompanying Is the applicant present this morning? 21 DREW HOFFMAN: 22 ED FARLEY: Drew Hoffman. Okay, Mr. Hoffman, is there 23 any additional information you would like to submit 24 along with this application? ATM, INC. Court Reporting Service s 339-674-9100 3 Office of Outdoor Advertising May 8, 2014 1 DREW HOFFMAN: 2 ED FARLEY: Not at this time. Okay. Is there any comment 3 regarding this application for license from 4 Mall@Northshore. 5 reviewed the application in advance, application for 6 license for Mall@Northshore is approved. 7 Hearing no comment and having Moving onto agenda Item B, our first 8 application is to convert static board to an 9 electronic sign in the City of Cambridge. 10 applicant present this morning? 11 12 JOHN PELRINE: Channel. ED FARLEY: 14 JOHN PELRINE: 15 CHRIS QUINN: 16 ED FARLEY: You would like to withdraw? Okay. Okay. JOHN PELRINE: ED FARLEY: 21 CHRIS QUINN: 23 24 Just for Indefinitely at this time. 20 22 Yes. indefinitely or just this month or -- 18 19 Yes, John Pelrine, Clear We would like to withdraw that application. 13 17 Is the Okay. Let’s see if there is anyone here from the City of Cambridge. ED FARLEY: Is there anyone present from the City of Cambridge? ATM, INC. Court Reporting Service s 339-674-9100 4 Office of Outdoor Advertising May 8, 2014 1 ARTHUR GOLDBERG: 2 ED FARLEY: 3 ARTHUR GOLDBERG: 4 Goldberg. 5 City. 6 Yes. Okay, sir. My name is Arthur I am the Deputy City Solicitor for the CHRIS QUINN: Okay, I think given that 7 it is withdrawn there is probably no need for comment 8 on the matter because there is really nothing to talk 9 about. 10 11 12 We will just let it go at that, alright. ARTHUR GOLDBERG: That’s fine. Thank you. ED FARLEY: Okay. For the record, 13 application 2014D016 proposed for Broadway and Galileo 14 Galilei Way in Cambridge has been withdrawn. 15 That moves us onto our second 16 application for electronic permit from Lamar Whiteco. 17 Is the applicant present this morning? 18 LAWRENCE DI CARA: Yes, for the record, 19 Lawrence Di Cara, Nixon Peabody, representing Lamar. 20 Chris Cockerill is here from Lamar and Greg Monistiero 21 is here as the property owner. 22 is in order and tab two indicates the local 23 improvements which have been requested. 24 ED FARLEY: We believe everything Okay, thank you Mr. Di Cara ATM, INC. Court Reporting Service s 339-674-9100 5 Office of Outdoor Advertising May 8, 2014 1 and I believe we have received some documentation that 2 you would like included in the official minutes of the 3 meeting. 4 LYDIA QUIRK: We did. The applicant 5 through their attorney did submit some additional 6 information that they wanted considered with the 7 application. 8 9 That has been given to our stenographer. ED FARLEY: Very good. Tammy, you have the -- okay, so that paperwork will be included. 10 Okay, is there anyone representing the municipality of 11 Peabody here this morning? 12 show that municipal notification was sent and received 13 on March 18 of 2014. 14 certified mail sent to abutters within 500-feet of the 15 proposed location, at least 30 days to submittal of 16 this application? Okay, and let the record May I ask the applicant was 17 CHRIS COCKERILL: 18 ED FARLEY: Yes. Are there any abutters 19 present this morning? May I ask, did you receive any 20 written comments regarding the proposed sign location? 21 CHRIS COCKERILL: 22 ED FARLEY: Okay. No. This application was 23 it with the City of Peabody, was this received by 24 special permit or a variance? ATM, INC. Court Reporting Service s 339-674-9100 6 Office of Outdoor Advertising May 8, 2014 1 CHRIS COCKERILL: 2 ED FARLEY: 3 CHRIS COCKERILL: 4 ED FARLEY: 5 Special permit? Okay. CHRIS COCKERILL: my head. ED FARLEY: 9 LAWRENCE DI CARA: 11 12 Do you know the date I don’t on the top of Several months ago though. 8 10 Yes. on that special permit? 6 7 Yes. Okay. December 16, was the vote of the City Council as evidence to tab 2. ED FARLEY: Very good. Thank you. Okay, may I ask who conducted the inspection? 13 CHRIS CHAVES: 14 ED FARLEY: 15 you run us through the field inspection. 16 I did. All right, Mr. Chaves, can CHRIS CHAVES: Sure. This is a 17 proposed new build, electronic board located at the 18 Sonic Restaurant facing North and South on Route One 19 Newbury Street in Peabody. 20 have -- there is a board just north or Sonic located 21 at Santarpios parking lot. 22 The proposed location does The measurement that we got doing 23 multiple measurements is approximately 1,044-feet 24 which will have this site in compliance. There are no ATM, INC. Court Reporting Service s 339-674-9100 7 Office of Outdoor Advertising May 8, 2014 1 other signs -- electronic signs on either side of the 2 roadway besides that one. 3 the opposite side of the roadway but well over 500- 4 feet away. 5 No parks or anything of that nature. 6 compliance. So there are no other issues on this site. 7 8 There is a static sign on ED FARLEY: Okay. It is in Is there anyone here from our District 4 or Traffic Operations Department? 9 TED MASSE: Right here from 11 ED FARLEY: Your name please. 12 TED MASSE: Ted Masse, I work in the 10 13 headquarters. Traffic and Safety Engineering Section. 14 ED FARLEY: All right, Mr. Masse, any 15 further comment relative to the proposed location of 16 this sign. 17 18 TED MASSE: No there isn’t. We found ED FARLEY: All right, is there any no issues. 19 20 other discussion or public comment this morning 21 relative to this application? 22 application Lamar Whiteco Outdoor application 2014D019 23 and application 2014D020 will be taken under 24 advisement. Hearing no comment, ATM, INC. Court Reporting Service s 339-674-9100 8 Office of Outdoor Advertising May 8, 2014 1 Okay, moving onto agenda item B(3) 2 Total Outdoor. We have an application to construct a 3 new electronic billboard proposed for One Newbury 4 Street. 5 here. I believe we have Mr. Hoffman, the applicant 6 DREW HOFFMAN: Yes, Drew Hoffman. 7 ED FARLEY: 8 the City of Peabody present this morning. 9 the record show that notification was received by the Okay, is there anyone from Okay, let 10 City of Peabody on April 4, 2014. 11 Hoffman, was certified mail sent to abutters within 12 500-feet of this proposed sign? 13 DREW HOFFMAN: 14 ED FARLEY: Can I ask, Mr. Yes. Are there any abutters 15 present this morning? Mr. Hoffman, did you receive 16 anything in writing from the letter that was sent out 17 or any word? 18 DREW HOFFMAN: 19 ED FARLEY: None. Mr. Hoffman, this permit 20 from the City of Peabody, was it issued via variance 21 or special permit? 22 DREW HOFFMAN: 23 ED FARLEY: 24 Special permit. Okay. Do you happen to know the date on that? ATM, INC. Court Reporting Service s 339-674-9100 9 Office of Outdoor Advertising May 8, 2014 1 DREW HOFFMAN: 2 ED FARLEY: 3 Okay. Who did the inspection, please? 4 MARC PLANTE: 5 ED FARLEY: 6 I don’t. I did. Okay, Mr. Plante, can you take us through the field inspection please. 7 MARC PLANTE: Yes Mr. Director. This 8 will be a new build, proposed for an electronic, two- 9 faced. 10 actual sign will be facing I-95. 11 12 The address will be Route 1 rear but the ED FARLEY: Can you point out where the location of this sign is to me? 13 MARC PLANTE: Sure. It will be in the 14 parking lot of one of the businesses right here. 15 will be facing 95. 16 ED FARLEY: 17 MARC PLANTE: It Okay. It is a business 18 character and there are no spacing issues with other 19 signs. 20 So it is in compliance. 21 No park or recreational areas within 300-feet. ED FARLEY: Okay. Do we have anyone 22 from our District 4 Traffic Operations? 23 you have any further comment? 24 TED MASSE: No. Mr. Masse, do We found there were no ATM, INC. Court Reporting Service s 339-674-9100 10 Office of Outdoor Advertising May 8, 2014 1 concerns. 2 ED FARLEY: Okay, is there any public 3 comment about this application? 4 comment application 2014D021 and 2014D022 are under 5 advisement. 6 application. 7 build a bus shelter in the City of Cambridge. 8 have a representative present from CEMUSA? 9 BRIAN ROWE: 10 ED FARLEY: That moves us along to our last This applicant is CEMUSA proposing to 11 application is in order. 12 conducted. 13 through. 14 Hearing no public Do we Right here, Brian Rowe. Okay, Mr. Rowe, the A field inspection was Jason, okay, can you give me a run JASON BEAN: Sure. It is 1740 Mass 15 Ave. 16 only sort of comment that we made is it a little tight 17 on the sidewalk but it is not going to block the 18 public. 19 think so as well. 20 going to be a wrap. 21 standard. 22 character and that’s it. 23 24 It is a bus shelter facing North and South. The The City signed off on it so they didn’t It is just a standard; it is not It is just going to be a There are no park issues. ED FARLEY: Okay. Business I am sure these are standard ADA compliant structures. ATM, INC. Court Reporting Service s 339-674-9100 11 Office of Outdoor Advertising May 8, 2014 1 BRIAN ROWE: 2 Cambridge to install them. 3 ED FARLEY: Yes. Okay. We were asked by Are there any 4 comments this morning about this bus shelter? 5 none, application 2014003 is taken under advisement. 6 For the record items for your review. 7 public comment this morning? 8 CAROL O’HARE: 9 I live in Cambridge. Hearing Is there any Yes ma’am. My name is Carol O’Hare. I was too late to comment on the 10 Cambridge sign because we got stuck in traffic. 11 comment on that? 12 ED FARLEY: 13 CAROL O’HARE: May I You may -It’s not actually 14 specifically about Cambridge signs; it’s about all 15 electronic signs. 16 17 18 ED FARLEY: You are welcome to make a public comment, sure. CAROL O’HARE: Thank you. I would have 19 attended one of your earlier public hearings but I had 20 babysitting duties until now, so because they are held 21 at eleven in the morning that was impossible. 22 please consider these comments being generic, as well 23 as Cambridge related. 24 So I have written before about electronic ATM, INC. Court Reporting Service s 339-674-9100 12 Office of Outdoor Advertising May 8, 2014 1 signs because I object to this Boards Office’s 2 portfolio. 3 landscape and our roadways for the benefit of 4 commercial advertisers. 5 bolstering for short term bucks, losing us long-term 6 landscape and night sky views. 7 their eyes on the road not just young drivers but all 8 drivers. 9 It further blights our urban and suburban It is a short term budget Focused drivers need I have been a highest rated driver 10 since I started driving with only one slip accident 11 more than thirty-five years ago on black ice. 12 despite the ten second delay in these signs I have to 13 command myself not to watch what is coming next. 14 have just returned from Las Vegas were I had a blast 15 watching all of their incredible, exciting electronic 16 signs that also show movies and that is where they 17 belong. 18 our scenic roadways. 19 Yet, I They don’t belong on our city roadways or on I realize that’s your portfolio but I 20 think it is outrageous for short-term bucks to muck up 21 our environment with these. 22 projecting noise and music from those signs. 23 advertisers will say it is a First Amendment speech 24 right. Pretty soon you will be ATM, INC. Court Reporting Service s 339-674-9100 The 13 Office of Outdoor Advertising May 8, 2014 1 I want to compliment you on parts of 2 your website. In particular your interactive map 3 which is incredibly informative to the extent that it 4 shows things. 5 one designated sign-free area apparently, Bunker Hill 6 Monument Park. I notice on that map that there is only I wonder how that could possibly be. 7 Then, so that I don’t waste your time 8 or delay people further, I want to say that the rest 9 of your website and the communication to the public is 10 really embarrassing for a body that is so technically 11 capable as your body apparently is. 12 some examples. 13 these proceedings five minutes before five o’clock of 14 the Friday morning before your Thursday hearings. 15 municipalities in which these signs are proposed gets 16 public notice a month before. 17 I will give you We the public get emailed notices of The Why is that? I understand that there may be changes 18 to the agenda between those two periods. Things may 19 be withdrawn. 20 original agenda that was sent to the municipalities 21 with copies to your list that the agenda may be 22 changed up to whatever date, and then people need to 23 check your website for agenda changes. 24 give people notice at the same time as the All you need to do is note on the Then you could ATM, INC. Court Reporting Service s 339-674-9100 14 Office of Outdoor Advertising May 8, 2014 1 municipalities receive notice. 2 eleven AM meeting on a Thursday morning takes some 3 planning if you really want public comment. 4 Because coming to an Then there is the matter of the minutes 5 on your meetings. 6 There is a Linda, Lydia Quirk, Lydia Quirk has been 7 very helpful and responsive and she has offered to 8 send me the full minutes of any matter that comes 9 before you, if I request the particular matter. 10 You have abbreviated minutes. Well, if you don’t post them, you are 11 very sophisticated which gets us back to your 12 interactive map. 13 online? 14 put a word document up with minutes in it. 15 don’t have to make specific requests and people can 16 see what happened during the proceedings. 17 Why are the minutes not posted If you can put a map up, you can certainly So people As to the abbreviated minutes we are 18 talking one word abbreviations. The only words I see 19 on your abbreviated minutes are approved, taken under 20 advisement, or remain under advisement. 21 really, I would say, abbreviated short-hand. 22 kind of not informative at all. 23 respectfully suggest that you post the minutes. 24 the March minutes aren’t up yet. That’s That’s So I would And So, if someone were ATM, INC. Court Reporting Service s 339-674-9100 15 Office of Outdoor Advertising May 8, 2014 1 here to talk about the March minutes, or what happened 2 at the March proceeding that could not attend the 3 March meeting, they would have no way of knowing. 4 So the question is, do you really want 5 public input into this process? 6 running since I don’t know when, maybe last summer. 7 don’t know how much public comment you have received 8 but the system is set up so that it is very difficult 9 for the public. 10 You have been up and You get the jest of what I am saying. I oppose these. They are an assault 11 and a permanent blight on our landscape that scenic 12 Massachusetts and Governor Dukakis and Lady Bird 13 Johnson would just be appalled at. 14 15 ED FARLEY: Thank you for your comments. 16 CAROL O’HARE: 17 ED FARLEY: 18 I comments this morning? 19 Thank you for your time. Is there any other public Miss Thurlow. RACHEL THURLOW: Just to second that. 20 It is over two years now that we have requested you 21 look at the agenda items on the website. 22 wonderful website. 23 have all these great and easy ways to provide to the 24 public. It is a The Twitter use is great. You The fact that the agenda items are only sent ATM, INC. Court Reporting Service s 339-674-9100 16 Office of Outdoor Advertising May 8, 2014 1 to your insider email lists. It is arguable whether 2 you are giving proper notice. So it would be really 3 nice. 4 the website please. It is a legitimate request and just post it on 5 Thanks. CAROL O’HARE: There is one more 6 comment, I forgot one more comment if you will. 7 don’t understand what the notices are. 8 notices. 9 just announces the meeting. I I get two One notice is a barebones empty notice that At the same -- 10 simultaneously at five of five on the Friday before 11 the meeting 4:55, I get another notice that has your 12 agenda attached. 13 getting the barebones notice because -- 14 Are there some people who are only ED FARLEY: I’m not sure about that. 15 You are supposed to get the attachment along with the 16 notification. 17 18 CAROL O’HARE: Okay, so I’m wondering if anybody knows what the agenda is. 19 ED FARLEY: 20 so that I can see the agenda as well too. 21 I get it emailed to myself CAROL O’HARE: Okay, so why isn’t the 22 agenda and why aren’t the minutes posted on your 23 website? 24 ED FARLEY: We can take a look at that ATM, INC. Court Reporting Service s 339-674-9100 17 Office of Outdoor Advertising May 8, 2014 1 request. 2 CAROL O’HARE: 3 ED FARLEY: 4 Okay. Thank you. Yes ma’am, what’s your name? 5 HEATHER HOFFMAN: 6 Hoffman and I apologize I was late because of a 7 disabled MBTA train. 8 where we are in the meeting and whether you are taking 9 public comment on everything before you or just a 10 11 My name is Heather So I am just asking procedurally specific item. ED FARLEY: You are welcome to give 12 public comment on any of the items that we have 13 addressed today or if you have a specific issue that 14 you would like to go in the record. 15 HEATHER HOFFMAN: I am here to comment 16 on item 3B (1)(A), the proposed change of the 17 billboard at Broadway and Galileo Galilei Way to an 18 electronic billboard. 19 ED FARLEY: 20 CHRIS QUINN: 21 HEATHER HOFFMAN: 22 appropriate to comment now. 23 CHRIS QUINN: Yes. 24 Yup. So if it is You may but the application was withdraw. ATM, INC. Court Reporting Service s 339-674-9100 18 Office of Outdoor Advertising May 8, 2014 1 HEATHER HOFFMAN: 2 CHRIS QUINN: 3 Oh, it was. Okay. But if you still want to comment that is fine. 4 RACHEL THURLOW: 5 HEATHER HOFFMAN: Comment anyway. I am happy to 6 comment. As I understand it the regulations forbid 7 such billboards within 300-feet of a public park and a 8 public park is about my height away from that 9 billboard. So it is not a fully public park right now 10 but it has been open space for decades. 11 the neighborhood for thirty years and it was open 12 space long before that. 13 Team has been talking about making that a dog park for 14 many years and very recently within the last couple of 15 years the owner, the Cambridge Redevelopment 16 Authority, conveyed it to the City of Cambridge for 17 the purposes of being a public park. 18 19 22 The East Cambridge Planning So I hope that that qualifies as enough of a public park to keep that withdrawn. 20 21 I’ve lived in CHRIS QUINN: use as a park? Well, is it actually in Does it have a name? HEATHER HOFFMAN: It does not have a 23 name but it has been used as a park for decades. 24 is grassy open space. It It has at the other end of it ATM, INC. Court Reporting Service s 339-674-9100 19 Office of Outdoor Advertising May 8, 2014 1 there is a marvelous cottonwood tree that was sort of 2 our introduction to that park because my husband heard 3 it rustling before we even saw it. 4 there and use it as a park. 5 CHRIS QUINN: 6 Do you know how big it is? 7 8 People hang out HEATHER HOFFMAN: Oh God, more than an acre. 9 CHRIS QUINN: All right, well again, it 10 is a moot point because the application but if and 11 when the application comes back we will take a look at 12 that issue. 13 HEATHER HOFFMAN: 14 ED FARLEY: 15 morning? 16 this meeting is adjourned. Okay, thank you. Any other comments this Okay hearing no comment, it is 11:24 and Thank you. 17 18 19 20 21 22 23 (Whereupon, the proceedings were concluded on May 8, 2014 at 11:24 a.m.) ATM, INC. Court Reporting Service s 339-674-9100 20 Office of Outdoor Advertising May 8, 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. ATM, INC. Court Reporting Service s 339-674-9100