MASSHIGHWAY DEPARTMENT
OUTDOOR ADVERTISING BOARD
PUBLIC HEARING
June 12, 2014
at
11:00 a.m.
State Transportation Building
10 Park Plaza,
Boston, MA 02116
Present:
Edward Farley, Executive Director
Christopher Quinn, Esq., Counsel
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Arlington Reporting Corporation
(339) 674-9100
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Office of Outdoor Advertising June 12, 2014
P R O C E E D I N G S
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EDWARD FARLEY:
Good morning, everyone.
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Welcome to the June 12, 2014 Office of Outdoor
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Advertising public meeting.
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Director.
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would remind everyone, if you haven’t already done so, to
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please sign in at the side of the table.
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agendas and minutes from the May 8th meeting.
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My name is Ed Farley.
I am the
And, to my left is Chris Quinn, legal counsel.
I
Also, there are
With that, we’re moving onto a review of the
minutes from May 8th, 2014.
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Does anyone have any comments on the minutes?
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(No response.)
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EDWARD FARLEY:
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Hearing no comments, the
minutes from May 8, 2014 are adopted.
Moving on to agenda items, we have an
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application for new license.
For the record, this application
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has been reviewed.
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paperwork, to include a W-9 and Certificate of Good Standing
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from the Massachusetts Department of Revenue are in hand.
There is an order.
The accompanying
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Is the applicant present this morning?
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PETER ALFE:
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EDWARD FARLEY:
24
Yes.
Okay, sir, can you please state
your name for the record?
Arlington Reporting Company
(339) 674-9100
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Office of Outdoor Advertising June 12, 2014
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PETER ALFE:
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EDWARD FARLEY:
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My name is Peter Alfe.
additional documentation or comments?
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PETER ALFE:
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EDWARD FARLEY:
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No.
Is there any comments about
this license application this morning?
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(No response.)
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EDWARD FARLEY:
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Okay, Mr. Alfe, is there any
Hearing no comment, application
for new license for Outdoor Ad Concepts is approved.
And we have a second application for a license
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this morning for Charles River Realty Group.
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representative from Charles River Realty Group here this
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morning?
KIMBERLY BIELAN:
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Is a
Good morning.
I am Kimberly
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Bielan from Marcus, Errico, Emmer and Brooks on behalf of the
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applicant.
EDWARD FARLEY:
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Okay.
Okay, Ms. Bielan, for
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the record, the application is in order and we have a W-9 to
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accompany it.
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Certificate of Good Standing from the Department of Revenue.
However, we are still waiting on the
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KIMBERLY BIELAN:
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EDWARD FARLEY:
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Right.
Exactly.
So, I’m to presume that’s
forthcoming?
KIMBERLY BIELAN:
It is.
I’ve spoken, been in
Arlington Reporting Company
(339) 674-9100
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Office of Outdoor Advertising June 12, 2014
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touch with Lydia.
EDWARD FARLEY:
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I will forward it as soon as I receive it.
Is there any comment regarding
this license application this morning?
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(No response.)
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EDWARD FARLEY:
Okay.
Hearing none, we’re
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going to take this application under advisement upon receipt
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of the Certificate of Good Standing.
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KIMBERLY BIELAN:
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EDWARD FARLEY:
Okay.
Okay.
Great.
Thank you.
Moving on to Agenda Item
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B, Application for Electronic Permit.
The first applicant is
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Clear Channel for a proposed electronic conversion.
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application number is 2014D023.
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notification was received from the City of Haverhill on May 7,
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2014.
The
For the record, municipal
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Do we have the applicant present this morning?
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MIKE MORELLO:
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Outdoor.
EDWARD FARLEY:
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Mike Morello, Clear Channel
Okay.
Is there anyone
representing the municipality here today?
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(No response.)
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EDWARD FARLEY:
Is there anyone representing
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the MassDOT Highway Division District Office or Traffic
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Operations?
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TED MASSE:
Traffic Operations.
Arlington Reporting Company
(339) 674-9100
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Office of Outdoor Advertising June 12, 2014
EDWARD FARLEY:
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For the record, can you say
your name, please?
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TED MASSE:
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EDWARD FARLEY:
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Okay.
you did a traffic study memorandum.
TED MASSE:
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had a slight concern.
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billboard.
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installation.
Okay, Ted, I know that
Can you comment on that?
Yeah, everything looks fine.
We
The exit is fairly close to the
But, we just asked that District 4 monitor after
CHRIS QUINN:
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Ted Masse.
All right.
So no further study
required?
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TED MASSE:
No.
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CHRIS QUINN:
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EDWARD FARLEY:
All right.
Okay.
Thank you.
Mr. Morello, can I ask,
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was certified mail to abutters within 500 feet properly sent
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at least 30 days prior to submittal of application?
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MIKE MORELLO:
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EDWARD FARLEY:
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Okay.
Are there any abutters
present today?
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(No response.)
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EDWARD FARLEY:
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Yes.
Mr. Morello, did you receive
any written comment?
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MIKE MORELLO:
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EDWARD FARLEY:
None.
Okay.
Okay.
Arlington Reporting Company
(339) 674-9100
The application
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Office of Outdoor Advertising June 12, 2014
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has been reviewed.
It is in order.
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Can I ask which field rep did the inspection?
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CHRIS CHAVES:
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EDWARD FARLEY:
I did.
Okay.
Chris, can you give us
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an overview of the field inspection that was conducted on May
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20th?
CHRIS CHAVES:
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Sure.
As you had said, this is
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a proposed conversion of a current static board, Permit Number
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2002043, located at DeLuca Chevrolet in Haverhill, facing
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south on 495.
There is only one issue with this site, and it
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is -- well, let me preface it.
It is within 500 feet of a
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ramp, although Haverhill is over 50,000 people, so the -- it
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doesn’t apply.
The other issue with this site is according to
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the applicant’s plot plan, the sign is encroaching the State
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Highway layout by five feet.
EDWARD FARLEY:
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Mike.
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encroaching on Highway layout.
MIKE MORELLO:
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EDWARD FARLEY:
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We talked about that,
And I think you understand that the sign presently is
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Okay.
Correct.
So is it the intent to -- are
you building the pole or -MIKE MORELLO:
Brand new structure.
Arlington Reporting Company
(339) 674-9100
It’s going
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Office of Outdoor Advertising June 12, 2014
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to be another five feet off the layout.
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the layout at all.
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EDWARD FARLEY:
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CHRIS QUINN:
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EDWARD FARLEY:
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Any comment?
No.
No.
Is there any other comment
this morning?
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(No response.)
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EDWARD FARLEY:
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KAREN SIMEO:
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So, it won’t be in
Hearing no comment -Mr. Chair, is this an opportunity
for public comment?
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EDWARD FARLEY:
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KAREN SIMEO:
Absolutely.
Thank you.
My name is Karen
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Simeo.
I’m with the firm of McDermott, Quilty and Miller.
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You have a letter of objection that our firm previously filed
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on the application.
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it’s the same memorandum, just three different copies there --
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to you.
And I would also respectfully submit --
I’m here today not because we’re anti-
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billboard.
Obviously, our client is Ingalls LLC, and we are
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pro-billboard, but we also are pro the law and ensuring that
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everyone in the industry is following what the law allows for.
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And, to that end, I won’t read this memorandum into the
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record.
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But I would respectfully, for the public record, ask that it
I would ask that you incorporate it into the record.
Arlington Reporting Company
(339) 674-9100
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Office of Outdoor Advertising June 12, 2014
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be incorporated by reference, and would just like to highlight
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a few of what we think are the salient points, if I may.
EDWARD FARLEY:
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KAREN SIMEO:
EDWARD FARLEY:
I thought we
Okay.
So, just for the record,
we’ll -KAREN SIMEO:
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Oh, no, I’m sorry.
were on -- we were talking about --
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Are you sure you’re
opposing the site in Haverhill or --
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Okay.
We’ll hold that for the next one.
Thank you.
EDWARD FARLEY:
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So, is there any public comment
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relative to the proposed sign in Haverhill, Application Number
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2014D023?
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(No response.)
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EDWARD FARLEY:
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Hearing no comment on that,
Application 2014D023 is under advisement.
Okay, moving on to Clear Channel applications
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2014D024 and 2014D025, I know that Mr. Morello is here.
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for the record, municipal notification was received by the
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Town or the City of Methuen on May 7th, 2014.
Is there anyone from the municipality present
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And,
today?
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(No response.)
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EDWARD FARLEY:
Okay.
For the record, I spoke
Arlington Reporting Company
(339) 674-9100
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Office of Outdoor Advertising June 12, 2014
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to Bill Buckley, who is the Director of Economic Development,
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yesterday.
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sign.
And he verbalized his support for the proposed
Again, Mr. Morello, I’m going to ask you, was
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certified mail sent to abutters at least 30 days prior to
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submittal of application?
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MIKE MORELLO:
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EDWARD FARLEY:
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Yes.
500 feet?
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MIKE MORELLO:
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EDWARD FARLEY:
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(Nods in the affirmative.)
MIKE MORELLO:
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EDWARD FARLEY:
Are there any abutters present
today?
(No response.)
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EDWARD FARLEY:
Okay.
Jason, I believe you did
the inspection?
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JASON BEAN:
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EDWARD FARLEY:
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Was there any receipt of
None.
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Okay.
written objection?
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15
And that’s all abutters within
I did.
Run us through the inspection,
please.
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JASON BEAN:
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This is a conversion to digital of a monopole
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Yes, thank you, Director Farley.
at 151 Pelham Street in Methuen.
Currently, it’s north and
Arlington Reporting Company
(339) 674-9100
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Office of Outdoor Advertising June 12, 2014
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south facing.
It will be no change in dimensions.
And the
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site is requesting for 98 feet from the ground to the top of
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the sign.
We did encounter several issues at this site.
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5
First off, incorrect -- there was incorrect permit numbers on
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there.
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were the correct ones.
We did do a little research and figured out which ones
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EDWARD FARLEY:
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corrected to date do we know?
JASON BEAN:
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Have the permit numbers been
Not at this point.
They may have
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been.
We haven’t been there in a little bit of time.
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guess sort of our first issue, just looking at the site
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quickly, was the ramp.
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the site --
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At 345 feet from the ramp, north of
EDWARD FARLEY:
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Just for clarification so I
know --
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JASON BEAN:
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EDWARD FARLEY:
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JASON BEAN:
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EDWARD FARLEY:
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But I
Sure.
I understand.
So, the sign is here?
Yeah.
And you’re saying the 345 from
up here?
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JASON BEAN:
Yes, sir.
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EDWARD FARLEY:
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JASON BEAN:
Okay.
And we did do -- I did do a
Arlington Reporting Company
(339) 674-9100
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Office of Outdoor Advertising June 12, 2014
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measurement down south -- that was okay -- because there is a
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ramp at the bottom as well on the south end of the site.
There are two businesses within 500 feet, no
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4
park issues.
And, finally, there was one last issue.
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Currently, the sign, where it sits, is overhanging the right
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of way no access line.
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on the aerial, there is a little water ditch here.
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this is the sign.
So, there is a -- what you’re seeing
And so
And, currently, roughly about 15 feet it
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overhangs the no access sign for the right of way, per our
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investigation as well as the applicant’s submittal of their
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engineering plans.
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EDWARD FARLEY:
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CHRIS QUINN:
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Okay.
Jason, do you have a distance
ramp-to-ramp?
JASON BEAN:
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Yeah, we can -- roughly from where
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you see the little -- the grass ending here, so you’ve got
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roughly about 500 this way and 500 and change this way.
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roughly a grand total from this spot to this spot, you know,
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1,100 feet, somewhere in there, not exact.
EDWARD FARLEY:
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You’ve got the spacing at 345
feet.
JASON BEAN:
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So,
Yes, but he asked from ramp-to-
ramp.
Arlington Reporting Company
(339) 674-9100
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Office of Outdoor Advertising June 12, 2014
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EDWARD FARLEY:
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JASON BEAN:
Okay.
So, from where we would take --
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so, I do have a total.
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and then 504 from down to the ramp where we do the measurement
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per Federal Highway diagram.
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something like that.
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So, what’s that?
EDWARD FARLEY:
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So, it’s 345 from here to the sign,
Okay.
So 839,
Anything else in your
report?
JASON BEAN:
Nothing else.
As I said, no park
issues, commercial area, two businesses within 500 feet.
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EDWARD FARLEY:
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District 4 Office here today?
Okay.
Is there anyone from the
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Ted, any comment from your traffic memo?
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TED MASSE:
We pretty much just had the same
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concerns with the on- and off-ramps.
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District 4 to also monitor that after installation.
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EDWARD FARLEY:
anything to add?
So, we’d just ask
Okay, Mike, do you have
Mr. Morello, anything?
GUSTAAF DRIESSEN:
Yeah, my name is Guus
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Driessen, and we are supporting Mr. Morello and Clear Channel
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in the case, and I was wondering if I can address the Board?
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EDWARD FARLEY:
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GUSTAAF DRIESSEN:
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problem just going that way.
Sure.
I don’t know if you have a
There’s more light.
Arlington Reporting Company
(339) 674-9100
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Office of Outdoor Advertising June 12, 2014
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EDWARD FARLEY:
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GUSTAAF DRIESSEN:
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Sure.
Good morning.
Thank you
very much, Mr. Chairman, members of the Board.
My name is Guus Driessen, and we have been
4
5
retained by Clear Channel to look at the dimensioning and the
6
positioning of the sign with respect to the ramps.
As I said, my name is Guus Driessen.
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We are
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working -- I am working for the BSC Group.
9
providing transportation, engineering, and design services in
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And we are
Boston for private and public clients.
We looked at the sign and the existing faces.
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And, as was pointed out here, we were very much concerned
13
about the addressing, and the labeling, and how the distances
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to the ramps were addressed by staff.
The sign, as you said, is on private property.
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It’s on 145 Elm Street.
And, Clear Channel is interested to
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convert the static sign faces to digital sign faces for both
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the northbound and the southbound.
Just to give you an orientation, this is Pelham
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20
Street.
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in this direction, so this is north.
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This is I-93.
And the north arrow is here pointing
The interchange where the sign at the moment is
23
located is a half-cloverleaf.
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nearby is Route 213.
And there’s also in the same --
This is on this side of the picture.
Arlington Reporting Company
(339) 674-9100
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Office of Outdoor Advertising June 12, 2014
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The weaving of the various off- and on-ramps
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from the interchange on both sides, north and southbound as
3
well as 213, does not occur from the main line.
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from the collector distributor road, which is the road which
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is parallel to the highway.
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collector distributor road, is that it takes all the movement
7
and a lot of the conflicts off the main line and puts them on
8
a collector distributor road where there are sometimes slower
9
operational speeds and also it makes for less turbulence on
10
11
It occurs
But the purpose of that, of a
the main line.
Regulations require, as was mentioned, that the
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distance from the sign to any off- and on-ramp should be 500
13
feet and it should be measured from -- as the definition on
14
the 1971 Federal Agreement is -- it should be measured from
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the entrance or the exit to a limited access highway.
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Now, this 500-foot distance is to be measured
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from the main traveled way.
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document as, “The traveled way of a highway on which through
19
traffic is carried.”
20
through traffic.
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And that is defined in that same
And I’d point out the emphasis of
The reference, therefore, means that it only --
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that the terminus only relates on the collector distributor
23
road side and not on the main line.
24
mentions that frontage roads, turning roadways, parking areas,
And the document also
Arlington Reporting Company
(339) 674-9100
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Office of Outdoor Advertising June 12, 2014
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rest areas, they’re all excluded from the main traveled way.
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So, that’s the point that we are making at this time.
So, the 500 feet should not be -- should not be
3
4
applied to those off- and on-ramps off Pelham Road or to the
5
213 exit or entrance.
6
collector distributor road enters and exits from the main
7
line.
And we did some measurements from aerial
8
9
It should be measured from where the
photography.
And, our dimensions indicate -- and I think, I
10
believe you have the information also -- is that the aerial
11
photography in measuring that indicated that the lowest -- the
12
shortest distance from the collector distributor road to the
13
sign, in this case on the north -- sorry, on the northeast --
14
sorry, on the northeast side -- the northwest side, sorry --
15
is 1,100 feet and increases that sum from the other exit and
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off-ramps to 2,355, all far in excess of the 500 feet
17
required.
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So, with that in mind, and for those reasons,
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we feel that the existing sign meets the regulation, and the
20
requirement, and the dimensional requirements for 500 feet
21
because it should be measured from the collector distributor
22
roads and not from the off- and on-ramps, which are really not
23
pertinent in this case.
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Thank you very much.
Arlington Reporting Company
(339) 674-9100
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Office of Outdoor Advertising June 12, 2014
EDWARD FARLEY:
1
2
Okay.
Thank you, Mr. Driessen.
I think we understand your position and we will review it.
3
GUSTAAF DRIESSEN:
4
EDWARD FARLEY:
5
MIKE MORELLO:
6
EDWARD FARLEY:
7
Is there any other comments from the applicant?
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(No response.)
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EDWARD FARLEY:
10
Sure.
We have the documentation.
Yes, I think so.
We’ll take a look at that.
Is there any comment relative
to this application?
KAREN SIMEO:
11
Thank you.
I’ve had a little
12
more coffee since my first Methuen trial.
13
applicant who is probably thinking, “What’s going on?”
So, again, Karen Simeo, McDermott, Quilty and
14
15
16
17
18
My apologies to the
Miller.
By way of reference, the Board has a memorandum
submitted regarding this particular application.
Again, I won’t belabor the Board’s time or the
19
audience’s time reading through it.
20
permission, I would like to just go through a couple of what
21
we think are the salient points here.
22
But, with the Board’s
First and foremost, the grounds on which we
23
believe that the Board must deny this application is due to
24
its proximity to the existing Ingalls billboard, which is that
Arlington Reporting Company
(339) 674-9100
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Office of Outdoor Advertising June 12, 2014
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Clear Channel’s billboard is located, in fact, within 500 feet
2
of any type of permitted sign, which pursuant to 700 CMR
3
3.17(5)(f), is the very clear letter of the law.
4
Secondly --
5
EDWARD FARLEY:
6
I’m sorry.
Can you repeat, 3
point -KAREN SIMEO:
7
3.17 Section 5(f).
And that’s
8
billboards, any billboard within 500 feet of one another
9
measured along the traveled way.
If that Section F did not exist, we would still
10
11
be left with 3.17(5)(g), which provides that a billboard
12
cannot be located within 1,000 feet of an existing electronic
13
sign.
14
And I would respectfully submit that the
15
existing Ingalls sign, which is located 412 feet measured by
16
the traveled way, 424 feet measured as the crow flies, from
17
the proposed billboard, in fact, triggers both of those
18
sections of 3.17.
19
To the extent that the Board isn’t familiar and
20
for the audience’s benefit, we believe that the Ingalls sign
21
is an existing electronic sign.
22
the specific, and, again, plain letter of the law as it’s
23
written, which is to define an electronic sign as a sign that
24
changes its message or copy at intervals by programmable
And we believe that based on
Arlington Reporting Company
(339) 674-9100
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Office of Outdoor Advertising June 12, 2014
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electronic, digital, or mechanical processes.
Mechanical
2
processes is exactly the scenario that we have here at
3
Ingalls.
There are, in fact, displays that are changeable.
And, again, dating back to looking back at the
4
5
history of the regulation, we can go back to 1988 when
6
definitions were being created and the definition of tri-
7
vision is not found anywhere in the regulations but it, of
8
course, is very commonly used in our industry.
9
as the Board is aware, have elected to use some broad blanket
Most states,
10
definitions as it relates to changeable message signs.
11
Commonwealth took a slightly different approach to that.
12
nonetheless, the clear intention of those jurisdictions, as it
13
was in Massachusetts, was to ensure larger setbacks between
14
changeable message signs clearly for traffic and public safety
15
concerns.
16
The
But,
If we were to contemplate that all changeable
17
signs, including tri-visions, were not included in the
18
definition of an electronic sign, a proliferation of tri-
19
vision signs or other changeable signs would occur within the
20
500- or 1,000-foot area that has been deemed appropriate to
21
ensure public safety and to ensure that there’s not
22
distraction of drivers.
23
24
And so to that end, you know, we believe that
the statute is very clear on this.
We believe that the
Arlington Reporting Company
(339) 674-9100
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Office of Outdoor Advertising June 12, 2014
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regulation is very clear on it and that under either and both
2
of the referenced sections of 3.17 that the Board would
3
necessitate a denial of this particular application.
4
We would also add, and in the memorandum you
5
will find information under the memorandum Section A.1., our
6
position on the spacing requirement as it relates to the
7
spacing near the off-ramp.
8
Driessen’s engineering expertise and measuring expertise.
9
would respectfully submit that from a legal standpoint in
I certainly appreciate Mr.
I
10
reading the definitions as provided that the measurements as
11
provided we don’t agree with the position on how the
12
measurements and where that starting point is.
13
feel that this billboard is, in fact, in violation of the 500-
14
foot rule from the ramp requirement.
15
additional point to clearly the two prior points.
16
We very much
And that’s just an
The last point I would just raise is one of
17
potential technical issues.
18
issues have to do with legal interpretations and reading,
19
which we believe are in the plain letter of the regulations,
20
but there continue to be, at a minimum, some technical
21
deficiencies in the application and the process which may be
22
sloppy but certainly should be corrected for the public record
23
prior to any action on this particular matter.
24
Obviously, the first various
I believe that -- or maybe not, and this may be
Arlington Reporting Company
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Office of Outdoor Advertising June 12, 2014
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where I was coming up with some of the issues on the permit
2
numbers in Haverhill.
In Methuen, there seems to have been some
3
4
confusion with both permit numbers and addresses.
5
that the application was filed, a search of the public records
6
did not -- the permit numbers referenced did not exist at that
7
time.
8
addresses continue to have some discrepancies.
9
referenced -- the Board referenced 145 as the address.
They subsequently seem to have been posted.
The date
The
The Board
I know
10
Mr. Driessen referenced 151.
11
they exist on the record today, they reference 145-147.
12
application references 145-151.
13
deficiencies that if the law didn’t exist as it were, and the
14
Board contemplated approving this, certainly it would be
15
grounds to, at a minimum, ensure that there’s a corrected
16
public record on it.
17
dictates that even from a denial perspective we would want it
18
to be accurate.
19
If you look at the permits as
The
Again, these are technical
Again, we feel that the law certainly
And, lastly, there also appears to be some
20
ambiguity in the host agreement with Methuen.
21
that that’s not the jurisdiction of this Board.
22
to make reference to it verbally for the record.
23
further detailed in the memorandum, again, for public record
24
to the extent that we need to pursue any action with Methuen
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I understand
I just want
It is
21
Office of Outdoor Advertising June 12, 2014
1
on the matter as well.
CHRIS QUINN:
2
3
Counsel, what’s the problem with
the host agreement?
KAREN SIMEO:
4
The issues with the host
5
agreement -- let me pull that out by reference here -- the
6
bottom line on the ambiguity is whether the Clear Channel
7
billboard is, in fact, the one that’s defined in that host
8
agreement.
9
certainly is an impediment to a conversion.
10
CHRIS QUINN:
You mean a problem with the
KAREN SIMEO:
No, there is actually several
11
Again, whether it’s a technical issue or error, it
address?
12
13
references that appear to not be accurate in that agreement.
14
And we can provide a more detailed memo on that if the Board
15
wants to --
16
17
CHRIS QUINN:
No, I don’t think we’ll worry
about that so much.
18
KAREN SIMEO:
-- address that.
19
CHRIS QUINN:
But, you know, I will tell you as
20
to the tri-vision being digital, it was absolutely not our
21
intent when we created these regulations that tri-vision would
22
be considered an electronic board.
23
24
We’ll read your memo, and maybe technically it
does fit in, but that was not the intent of the regulation.
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Office of Outdoor Advertising June 12, 2014
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KAREN SIMEO:
Right.
2
CHRIS QUINN:
I think we probably are inclined
3
to agree with you on the spacing issue.
And so we may wind up
4
reaching the same conclusion but for a different reason.
5
that -- that is kind of a unique situation where we have a
6
lengthy jersey barrier.
7
create a separate roadway.
8
that it’s Interstate 93 regardless of which side of the
9
barrier that you’re on.
And the issue for us is does that
And I’m inclined to think not,
10
KAREN SIMEO:
Right.
11
CHRIS QUINN:
But, so anyway, I know you
12
Even
addressed that and we’ll take a look at that as well.
KAREN SIMEO:
Thank you.
15
CHRIS QUINN:
We’ll take it under advisement.
16
EDWARD FARLEY:
13
14
17
Thank you.
Okay.
KAREN SIMEO:
19
EDWARD FARLEY:
Thank you.
(No response.)
22
EDWARD FARLEY:
24
Okay.
Is there any other
comments this morning regarding Application 2014D024 and 025?
21
23
Your comments will go
into the record.
18
20
I appreciate it.
Hearing none, Applications
2014D024 and 025 will be taken under advisement.
Okay.
The next application for electronic
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Office of Outdoor Advertising June 12, 2014
1
permit is Lamar Whiteco proposed for 271 Newbury Street,
2
Application Number 2014D026 and 2014D027.
For the record, municipal notification was
3
4
received on May 13, 2014.
Can I ask if the applicant is present this
5
6
morning?
RICHARD LYNDS:
7
Yes, good morning, Mr.
8
Director.
Richard Lynds on behalf of Lamar Whiteco.
9
is Chris Cockerill from Lamar as well.
With me
10
EDWARD FARLEY:
11
Is there anyone from the municipality present
12
Thank you, Mr. Lynds.
this morning?
13
(No response.)
14
EDWARD FARLEY:
Is there anyone from the
15
District Office and/or Highway Operations present this
16
morning?
17
Ted?
18
TED MASSE:
19
EDWARD FARLEY:
20
memorandum would not require an additional --
Yeah, everything looks fine.
21
TED MASSE:
22
EDWARD FARLEY:
Okay.
So, your traffic
Correct.
Okay.
Can I ask, Mr. Lynds,
23
was abutter notification within 500 feet sent out at least 30
24
days prior to submittal of the application?
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Office of Outdoor Advertising June 12, 2014
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RICHARD LYNDS:
Yes, it was.
2
EDWARD FARLEY:
Okay.
3
present this morning?
No abutters here?
4
(No response.)
5
EDWARD FARLEY:
6
Are there any abutters
Did you receive any written
opposition regarding this application?
7
RICHARD LYNDS:
Not as of today.
8
EDWARD FARLEY:
And this application was signed
9
off by the City of Peabody via a special permit?
10
RICHARD LYNDS:
That’s correct.
11
EDWARD FARLEY:
Did you do the inspection on
12
this?
CHRIS CHAVES:
13
Sure.
This is a proposed new
14
build digital board, two face, facing north and south on I-95
15
behind the Ryder Truck Rental.
There is a current static board on the abutting
16
17
property just north -- thanks, Jason.
18
JASON BEAN:
19
CHRIS CHAVES:
Okay.
Just north of the site.
It is
20
not viewable from I-95, although the proposed board built at
21
92 feet may be visible from Route 1 or is going to be visible
22
from Route 1.
23
24
That was the concern we had.
We did a follow-up inspection with the
applicants and their bucket truck on June 3rd.
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They brought a
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Office of Outdoor Advertising June 12, 2014
1
bucket truck with a rod extended on it.
2
feet.
3
1.
They raised it 90
And it was visible from both north and south on Route
EDWARD FARLEY:
4
All right.
Just for
5
clarification, so you’re here, there’s a bucket truck, and
6
there’s a flag.
Okay.
And you’re viewing from Route 1?
7
CHRIS CHAVES:
From Route 1, north and south.
8
EDWARD FARLEY:
At 90 feet, the proposed sign
9
you feel is visible?
10
CHRIS CHAVES:
11
EDWARD FARLEY:
12
It is visible.
Okay.
Were there any other
observations made?
CHRIS CHAVES:
13
Yes.
14
to 70 feet.
15
and visible from Route 1 south.
We dropped the bucket down
Again, it was slightly visible from Route 1 north
Again, it was dropped to 60 feet and it was not
16
17
visible from Route 1 north, but slightly visible from Route 1
18
south.
I think more documentation is going to be
19
20
needed from the applicant to just prove that it will be seen
21
or it won’t be seen.
CHRIS QUINN:
22
23
24
Can you guess how many feet were
visible or -CHRIS CHAVES:
Well, from the 60 feet, I would
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Office of Outdoor Advertising June 12, 2014
1
say less than 10 maybe.
EDWARD FARLEY:
2
Okay.
3
discussion yesterday.
4
applicant to amend the application?
I think it’s the intent of the
RICHARD LYNDS:
5
And, Mr. Lynds, we had a
Based upon the comments from
6
the field investigator, Mr. Director, we have a letter that I
7
would like to submit just requesting that we be permitted to
8
amend the application to 59-and-a-half feet.
9
supplemental materials and documentation to the agency for
We will provide
10
purposes of demonstrating that the visibility, in accordance
11
with our discussions over the last week, that the sign would
12
not be visible below 60 feet in accordance with the OAA’s
13
interpretation of that regulation and how that applies with
14
respect to the visibility from Route 1.
EDWARD FARLEY:
15
16
Are there any other comments
regarding this application this morning?
17
(No response.)
18
EDWARD FARLEY:
Hearing no comments, and
19
pending review of additional documentation, Application
20
2014D026 and 027 are under advisement.
Okay.
21
22
review.
Are there any additional public comments this
23
24
There is, for the record, items for your
morning?
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Office of Outdoor Advertising June 12, 2014
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(No response.)
2
EDWARD FARLEY:
Okay.
And just for the record,
3
we had a member of the public raising concerns about
4
transcripts on the web page.
5
transcripts are always available by the Freedom of Information
6
Act.
7
our web page.
And, for the record, full
But, for your convenience, they’re also available now on
8
Any other comments this morning?
9
(No response.)
10
EDWARD FARLEY:
11
current time is 11:34.
Okay.
Hearing none, the
This meeting is adjourned.
12
Thank you.
13
(Whereupon, the meeting was adjourned at 11:34
14
a.m.)
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