Office of Outdoor Advertising
Public Meeting
July 9, 2015
11:00 AM
Ten Park Plaza
Conference Rm 5 & 6
Boston, MA 02116
Present:
John Romano, Executive Director
Chris Quinn, Esq., Counsel
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Office of Outdoor Advertising July 9, 2015
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P R O C E E D I N G S
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JOHN ROMANO:
Good morning everyone.
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It is now just a little
after 11 o’clock, I think we
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will now get started.
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My name is John Romano; I am the head of the Outdoor
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Advertising for the MassDOT Office of Outdoor
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Advertising.
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handful of items on the agenda today.
Thank you all for coming today.
Thank you all for being here.
We have a
I just want to
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acknowledge Chris Quinn from our legal staff and my
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very helpful and competent staff in the front row and
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Jason up here that will be assisting me today.
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before the meeting get started.
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this little accessibility statement.
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So
I just wanted to read
Our meeting locations are accessible to
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people with disabilities and are near public
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transportation.
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advance of the meeting every effort will be made to
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provide accommodations such as assisted listening
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devices, materials in accessible formats and languages
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other than English, interpreters, American Sign
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Language or any other languages, if needed.
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need any of these accommodations please contact my
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office staff at 857-368-9700 or at
Upon request, preferably two weeks in
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If you
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ooainformation@dot.state.ma.us.
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If anyone needs and assist in
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listening device today raise your hand.
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my staff will be able to assist you with that.
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Seeing none we will proceed.
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Lydia, one of
I hope everybody had a chance to sign
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in if you didn’t please do so on your way out.
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will be part of the official record of the meeting.
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So it
First order of business is the minutes
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for the June 11, public hearing.
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questions or concerns or corrections on last month’s
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meeting which are available up on the table?
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(No response)
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JOHN ROMANO:
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those up as approved.
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Does anyone have any
Seeing none I will put
Thank you
First item up for business today is
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Vector Media, which is Vector Media Street Furniture,
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LLC.
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applications for Big Belly Barrels; unless you have
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walked around the street with your eyes closed you’ll
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notice they have been out there for a while.
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here today to get those permitted.
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from the applicant, could you please state your name
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for the record?
This is in the city of Boston.
There are 372
We are
Is anyone here
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RON KROSCHWITZ:
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JOHN ROMANO:
Ron Kroschwitz.
Ron, thank you for
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coming today.
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contract with the City of Boston Public Works through
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their street furniture program with Commissioner
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Dennehy and Peter O’Sullivan, is that correct?
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RON KROSCHWITZ:
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JOHN ROMANO:
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These barrels are out there through a
That is correct.
Is there anybody here
from the city today?
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(No response)
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JOHN ROMANO:
Peter talked to me and he
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is well aware of this and so is the Commissioner and
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they are grateful that these are part of their system
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out there.
Are there any of abutters out here today?
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(No response)
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JOHN ROMANO:
No. Okay, great.
So
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these are not a traffic issue these are street
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furniture and they have been reviewed and approved by
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us basically.
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there anything else, Ron, that you would like to add
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or comments about?
There are no issues that we have.
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RON KROSCHWITZ: Nothing today.
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CHRIS QUINN:
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Is
So you know, Ron, that as
the inventory changes each year you’ll have to update
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us?
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RON KROSCHWITZ:
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CHRIS QUINN:
Correct.
So we have an existing
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inventory as you take them out of circulation and put
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new ones in when we do the renewals.
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will re-categorize your inventory.
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RON KROSCHWITZ:
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JOHN ROMANO:
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That is when we
Yes.
And we have a complete
inventory of all of the locations.
I have a
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spreadsheet here.
I did not bring the stack of
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folders with me but should anybody after the meeting
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want to see the list of inventory I have it here for
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you if you want it.
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any comments, concerns, or questions?
Does anybody from the public have
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(No response)
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JOHN ROMANO:
Great seeing none.
Thank
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you very much.
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advisement as we do with all of them here at this
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hearing and we will let you know, if we approve them
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in about a week or so.
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today.
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We will take these permits under
Thank you very much for coming
Next item on the agenda is Northvision,
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LLC, 75 Main St.
It is one more application 2015D014
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it is in Salisbury Mass.
Notification was sent to the
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Town of Salisbury June 3, by my office and it was sent
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to the town manager into the town clerk.
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applicant present here today?
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WAYNE CAPOLUPO:
Is the
Yes sir, my name is
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Wayne Capolupo and I am the managing partner for
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Northvision, LLC.
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DAVID GALLAGHER:
Counsel for Northvision, LLC.
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JOHN ROMANO:
Is anybody here from the
town of Salisbury?
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(No response)
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JOHN ROMANO:
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Also David Gallagher,
Seeing none, okay.
there any abutters here today?
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(No response)
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DAVID GALLAGHER:
Mr. Chairman, if I
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could I would like to point out that although the
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agenda does not reflect it.
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So it would be both North facing and South facing
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structure.
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CHRIS QUINN:
permit application.
It is the two-sided sign.
I think we only had one
Is that right, Chris?
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CHRIS CHAVES:
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JOHN ROMANO:
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Are
Yes.
Yes, we only have an
application for the North facing structure, so that is
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all we will see here today.
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DAVID GALLAGHER:
I’m not sure how
about would have transpired.
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JOHN ROMANO:
I mean, you guys filled
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out the application.
So that is what we have.
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just doing what we have.
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I would be happy to talk about that afterwards but
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that is what we have.
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district office?
That is what we were given.
Is anybody here from the
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(No response)
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JOHN ROMANO:
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We’re
Anybody here from traffic
operations?
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BUU TRAN:
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JOHN ROMANO:
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BUU TRAN:
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JOHN ROMANO:
Okay, thank you.
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CHRIS QUINN:
Again, that is just the
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one direction.
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understand.
We are okay with this.
No traffic issues?
No traffic issues.
That is all he looked at, just so you
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WAYNE CAPOLUPO:
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JOHN ROMANO:
Okay.
Okay, so certified mail
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notice sent out to the abutters at least 30 days prior
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to the application.
We have that from you.
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copy of the letter.
We have all the post office
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We have a
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receipts and everything. The dates all line up like
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they should, so we appreciate that.
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much for submitting that in advance.
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helpful.
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support or opposition of the board?
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WAYNE CAPOLUPO:
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JOHN ROMANO:
Thank you very
That is very
Have you received any written comments in
No.
So, we did, we were notified
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that there was someone in a position but did not
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identify themselves here today.
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PETER FLYNN:
Yes, I am here Peter Flynn
from Clear Channel.
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JOHN ROMANO:
Okay
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PETER FLYNN:
And for Dave Pritchard, who is
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an abutter.
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abutters.
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Channel.
I bet you are looking for a specific
I represent both Mr. Pritchard and Clear
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JOHN ROMANO:
Okay.
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PETER FLYNN:
We are in opposition of this
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permit being issued.
JOHN ROMANO:
Okay, thank you.
Can you say
your name again sir, I’m sorry.
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PETER FLYNN:
Peter Flynn.
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CHRIS QUINN:
We are going to have to go
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F-L-Y-N-N.
through this again on the other application.
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I don’t
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know if it makes sense to consider doing this now.
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JOHN ROMANO:
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we’re here.
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required for this?
We’ll go through this while
Also, a special permit or variance was
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WAYNE CAPOLUPO:
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JOHN ROMANO:
Special permit.
Yes Sir.
We do have a copy of
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that and it is signed off by the appropriate town
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person.
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did an inspection of the site.
Thank you for that as well.
Our inspectors
And so Chris Chaves,
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who is my inspect on this one will go through his
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findings on the inspection.
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board.
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CHRIS CHAVES:
The location is up on the
As you mentioned, this is a
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proposed new build.
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one-sided forward facing northbound facing Interstate
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95.
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will be located behind Captain’s Corner Mini Golf.
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The two businesses within 500-feet are the Captain’s
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Corner Mini Golf and the Ryder Truck Rental.
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At the time, I believe it was a
The area is of business character.
This location
As far as issues with the CMR at this
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location is well over 500-feet from any on and off
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ramp on that side of the roadway.
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schools, Cemetery’s, etcetera within 300-feet.
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this site does conform under the CMR.
There are no parks,
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CHRIS QUINN:
So I guess it is just the poor
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quality of the photograph.
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that looks like it is a bridge sagging.
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CHIRS CHAVES:
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runs over the highway.
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JOHN ROMANO:
That is not an interchange
Right that is the bridge that
There is a little dip there; I
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think that is Google Earth.
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from the CMR perspective everything meets all of our
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criteria and there are no issues that you found
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Chris just to reiterate
related to that
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CHRIS CHAVES:
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JOHN ROMANO:
Correct.
Great, so let’s see, you guys
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are aware of all of the provisions related to
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electronic permits regarding sense of brightness,
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limits, the 10 second static display, our requirement
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of 15 hours of PSAs through the department, which
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Jerry Kelleher coordinates with you guys.
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know when it will be up and running and Jerry will be
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in touch with you.
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would like to add at this time?
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So let him
Do you have anything else you
WAYNE CAPOLUPO:
No.
We have met all the
requirements and the permit should be issued.
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JOHN ROMANO:
Chris, any comments?
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CHRIS QUINN:
Yes, I think I will ask Mr.
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Gallagher.
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court case.
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temporary restraining order.
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curious about is do you have a trial date on the
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merits on this?
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We understand that there is a pending
We see notice of the court’s decision of
DAVID GALLAGHER:
For one thing that I am
We don’t.
We have filed
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for motion for summary judgment.
There are two issues
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in the litigation one is Northvisions approval
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appealed by Clear Channel.
Clear Channel also
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appealed the denial of their application for an
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electronic sign on an adjoining parcel.
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application to the town was filed two weeks after
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ours.
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CHRIS QUINN:
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DAVID GALLAGHER:
Their
All right.
We have filed a motion for
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summary judgment, just filed it a week or so ago, so
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that is in the process.
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be allowed and there will not require a trial.
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is the status right now.
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CHRIS QUINN:
We are hopeful that it will
Do you have any anticipation
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when that will be heard, your motion?
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DAVID GALLAGHER:
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That
I think a fair assessment
might be around the end of September possibly.
CHRIS QUINN:
September, okay.
The trial
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date would still be opened?
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DAVID GALLAGHER:
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CHRIS QUINN:
Yes.
All right, just so you know, I
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know of two instances where we have issued permit and
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it has been challenged in Superior Court.
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the court allowed it to stay in the other case the
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court said it had to come down.
So it is one out of
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two for this exact fact pattern.
So I just want to
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make you aware of that, if you do proceed it is at
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One case,
your own risk.
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DAVID GALLAGHER:
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CHRIS QUINN:
We understand that.
And we are not a party to this
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case so far.
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in Peabody and we were a party to that case for a
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period of time and that we were taken out of the case.
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I guess I am curious, if we were to issue the permit
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is it your intention to go ahead and build or are you
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going wait for resolution of the court case?
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We had a case that was similar to yours
DAVID GALLAGHER:
I expect that at this
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point and time I would expect that we would at least
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wait for a decision on the summary judgments.
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CHRIS QUINN:
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DAVID GALLAGHER:
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Okay.
I think we are, by statute
Chapter 48 Section 11; we have the right to proceed
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under special permit at your own risk.
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you mentioned, there is a risk, if there is a chance
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that if we do loose we would have to take it down and
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that is a pretty substantial expense.
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CHRIS QUINN:
All right.
That would seem to
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make sense given the short time frame.
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building permit in place?
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building permit?
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--
Do you have a
Do you need to get a
Assuming if you get a permit from us
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DAVID GALLAGHER:
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CHRIS QUINN:
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I expect, as
We do have that.
All right, so I take it you
would wait until after the summary judgment.
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JOHN ROMANO:
Anything else?
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CHRIS QUINN:
That is it, thank you.
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JOHN ROMANO:
Great, thank you very much.
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We appreciate you taking the time to be here and
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answer all of our question.
Thanks.
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CHRIS QUINN:
Mr. Flynn may want to speak.
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JOHN ROMANO:
Did you have anything.
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PETER FLYNN:
Yes, I have plenty to say, Mr.
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JOHN ROMANO:
Sure, go ahead.
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PETER FLYNN:
This has been helpful that
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Romano.
they have put on the record.
As I understand it they
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are going to wait until the summary judgment for when
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it comes down.
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that might have helped a bit and we could have
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prevented some discussion.
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beyond their special permanent, which we believe has
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been inappropriately issued to them at the local
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level.
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If they called us and told us that
Also, they noted they are
We have the trial date, which may not be
necessary we do not know.
We are also given today
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that they are going to wait to get their permit at the
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local level from the building inspector.
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wait until at least the summary judgment.
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helpful.
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They would
That is
I think the OOA should know something here
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in advance of doing anything.
You have Mr. Murano, I
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don’t believe I gave one to the other board members
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that you have in front of you and it is not a very
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long decision.
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against Northvision.
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motion to dismiss with respect of themselves and on
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every count that we brought.
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to dismiss against us were all denied.
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now is we went in and filed a restraining order and
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injunction because this is new territory for
We moved for a restraining order
They originally applied for a
On all counts the motion
What happens
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everybody.
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this permit and how things are going to go forward.
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Not knowing where we are in respect to
So Judge Cornetta, who is very thoughtful,
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heard the motion on the restraining order.
Not long
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ago, and that decision that you have in front of you
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in hand and he says very specifically that the
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plaintiff has not yet exhausted their administrative
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remedies.
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just says listen you haven’t exhausted your
It doesn’t say were doing anything wrong it
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administrative remedies.
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to that in a very simple decision therefore your
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motion on your restraining order is premature.
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And he says to add emphasis
Well, let me tell you something we know what
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Judge Cornetta is doing.
He is pointing right now to
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this Board to do something to slow this process down
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so that we don’t have an injustice.
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Now I want you to just consider the
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following that we have because of the way the
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regulations are written in this administrative body.
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We have no right to appeal, they have a right to
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appeal but we don’t have a right to appeal.
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looking for a remedy.
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Superior Court because we need OOA help here.
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no right to go anywhere.
So we are
So that’s why we are in the
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We have
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For the record, I don’t have a lot of
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information here but I have stacks of information I
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think you should duly note the Superior Court judge
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has directed us over to you people to see whether or
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not what we are talking about here has merit.
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happened here, and this is important as a matter of
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public record, on June 24, 2014 the hearing was held.
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There were five board members present, zoning board of
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appeals members in solitary.
What
One of them got up and
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left before the hearing even started.
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packed.
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legal situation.
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Everyone was there. One board member got up and left,
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she recused herself and did not state the reason for
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it.
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The room was
People from Salisbury, this was a contentious
It was on their local cable.
The other four board members stayed and they
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decided to hear the case and vote.
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members voting two voted, no excuse me.
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favor of Northvision which was a unanimous vote.
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same hearing, right then and there to members voted in
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favor of our hearing after everybody put on their
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respective merits of the plan. Two board members voted
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against us and that was Kevin Henderson.
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Of the four board
Four voted in
The
Prior to going to that hearing and there
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were people from Clear Channel, David Pritchard my
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client, prior to that hearing Kevin Henderson, unknown
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to us was an employee of Mr. Capolupo the proponent of
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Northvision, was working for Mr. Capolupo for a number
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of years.
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disposing to us his relationship with Mr. Capolupo of
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Northvision.
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9
He voted in favor of Northvision never
The other board member that voted against
us, Edward Hunt.
He is a family member of the land
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location, the landlord of Northvision site.
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cousin of Herman Fortner.
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landlord, Hunt it is related to him.
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favor of the application.
He is a
Herman Fortner would be the
He voted in
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Now, what we have said is that this process.
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This whole thing at the local level, had an issue from
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the very beginning is flawed, and we have to take the
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magic carpet ride back to Salisbury and get a revote.
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And I don’t think your board wants to participate in
19
such an unknown process that they can get their
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permit.
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connected, construct the sign and have it up there for
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years.
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being in violation of your rules and regulations.
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Bang in on the local permit with their well-
It could be something could ultimately end up
Now, very important when Kevin Henderson
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voted that night they voted unanimously.
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and we took his deposition to make sure that we got
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this clear and straight.
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went on, we found out afterwards it was in the papers
5
and all this stuff that Henderson was working for Mr.
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Capolupo, Mr. Hunt is related to the landlord.
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He stated
We were horrified at what
Well we took their depositions and guess
8
what we got here.
Kevin Henderson, a guy that voted
9
against our superior location, which I will mention a
10
few minutes.
11
favor and he stated in his deposition that over the
12
years he developed a friendship with Mr. Capolupo,
13
owner of Northvision.
14
included socialization, texting, being invited to
15
concerts and dinners paid by Mr. Capolupo.
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working for him for years.
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in for him.
18
He is employee of Northvision, voted in
He stated that the friendship
And he is
You know what; he is still
Now Mr. Capolupo, the proponent, we didn’t
19
know this, actually called Henderson prior to the
20
hearing and told Henderson, “he told me I had to
21
recuse myself.”
22
himself.
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Capolupo told him to recuse himself and votes.
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no clue.
But Mr. Henderson did not recuse
He shows up at the meeting after Mr.
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We had
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So what does Henderson do after that phone
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call or whatever, the meeting that he had what Mr.
3
Capolupo, he goes to what he thinks is his magic
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little piece of paper which is the disclosure of
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conflict.
6
disclosure document, signs it up and says, I work part
7
time for Wayne Capolupo.
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Harrington, the town manager.
9
does absolutely nothing with it.
He takes that piece of paper, the
Then he brings it to Neil
Mr. Harrington gets it
He signs on the form
10
below; on the form it says I have no idea what the
11
relationship between Mr. Henderson and Mr. Capolupo
12
is.
13
stuffs it in his drawer.
14
night unbeknownst to everybody, except of course to
15
the proponents here, and he votes against us and in
16
favor of them.
17
Takes the form, doesn’t investigate it, and
Henderson shows up that
Now, Henderson also testified, and I think
18
this is important, he is aware of nothing about Clear
19
Channel’s proposal that violated any applicable
20
regulations.
21
said there is nothing wrong with Clear Channel.
22
he voted against it.
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Capolupo, the Northvision application was filed first
24
but he admitted that is not a component consideration
He said that.
In his deposition, he
Yet
He did however say that he --
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under the list of facts.
He supposedly consider the
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zoning Board of appeals.
He said, no your right, that
3
is not something that I should have considered just
4
because they were filed first.
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heard that night.
They were both being
6
Now he said, he was supposed to consider
7
height of the sign, size of sign, proximity to the
8
highway.
9
same size.
Mr. Henderson admits that the signs were the
Northvisions was further from the highway.
10
That’s a negative.
11
feet from the highway.
12
the highway.
13
The one that we propose was 70
Theirs is about 300 feet from
Now, with respect to other negative factors
14
that were heard that night Northvisions is 89-feet
15
high.
16
clearly superior.
17
closer to more residents than ours.
18
important points.
19
they didn’t want to vote.
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never wants to be in front of your board competing
21
with us because we have a superior location.
22
Ours was 55-feet and closer to the highway,
Residential component there sign is
Those are three
You know what, we understand why
We believe that Northvision
Now, Edward Hunt, in his deposition the
23
other person that voted in favor of them against us is
24
not always the cousin of Hermann Fortin and Mr.
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Chairman, Director Romano, he is the trustee and the
2
owner of the land proposed to Northvision and made no
3
disclosure of any kind prior to that meeting.
4
could’ve made it that night, we could’ve said listen
5
we have a problem.
6
favor.
7
He
Made no disclosure and voted in
Now he also said there was nothing wrong
8
with our proposal.
9
but the differences are stark and the height is much
He said, well they were both equal
10
higher to the residential.
11
words, could be delivered in a good business manner.
12
He testified, Mr. Hunt under oath that he is not only
13
the cousin of Mr. Fortin but their families have done
14
business.
15
they golf together with their respective sons.
16
these two people are up there voting?
17
going to use your Board to get a permit and further it
18
when Judge Cornetta has directed us here.
19
this now, but I have a little more, getting you to
20
table it no.
21
He said, they both, in his
Mr. Romano, for 65 years since 1950 and
And
They are now
I will say
Now first of all that summary judgment
22
motion is due August 10, and I think Judge Cornetta is
23
going to want to make a ruling on that before
24
September because the final pretrial is the end of
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September.
2
until September, I am not sure on that.
3
Cornetta moves quickly on these matters.
4
of this would be very helpful if we could get this at
5
least to the summary judgment, which they have agreed
6
to.
7
So the notion that judgment will be heard
But Judge
So a tabling
Now, here’s the bottom line Hunt and
8
Henderson disagree with the law of the Commonwealth of
9
Massachusetts and you should not have jurisdiction,
10
because they know they voted both signs in that night
11
because of the exclusion rule the 1000 foot
12
requirement.
13
because we are 900 feet.
14
only approve one, so only one applicant.
15
We would’ve automatic been excluded
If we were both in you can
They said, that is not a proper basis or an
16
element of consideration.
We said, we know we are
17
wrong about that but we think the local guy, you know,
18
we want to keep it here.
19
Board of Appeals process, nor a variance.
20
said, well if you can get that that’s not on the check
21
list.
22
thing here is they never disclose any of their
23
relationships in the public hearing.
24
them never stood up and Henderson never said anything
It is not part of Zoning
They just
So this is a nothing short of a sham.
The
Neither one of
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about his disclosure.
2
likelihood of success on the merits.
3
We believe we will have a
Finally, I would just say to you that what
4
happens here to if you grant Northvision a permit and
5
subsequently a new Salisbury board comes on the scene
6
and grants our special permit your own rules of
7
spacing will exclude us in Northvision is already
8
holding a permit in hand.
9
are foreclosed and we need a remedy.
That’s a big problem.
We
That remedy
10
should start here, at least to the extent that if you
11
table until summary judgment.
12
revisit the whole situation then.
13
We can then possibly
Just to confirm the summary judgment filing
14
dates are August 10.
15
within a few days and final pretrial September 29.
16
I don’t think we are asking too much and what we have
17
been through.
18
Salisbury we need to get a fresh slate and let this
19
thing get done in the merits.
20
consideration.
21
the Board.
22
23
24
Judge Cornetta usually moves
So
The chronology and experience up in
I would appreciate your
Thank you, Mr. Romano and the rest of
JOHN ROMANO:
Thank you very much.
take that under advisement.
DAVID GALLAGHER:
Can I respond?
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CHRIS QUINN:
Yes.
2
JOHN ROMANO:
As long as you are responding
3
4
to me.
DAVID GALLAGHER:
Yes absolutely.
I just
5
wanted to respond to a couple of things.
First of
6
all, they do in fact have a remedy if the Board does
7
decide to move ahead and grant this permit, and if
8
subsequently on the off chance that the court were to
9
decide that we are not entitled.
Then they have the
10
option under Chapter 93, Section 31(A) to seek an
11
injunction by the court.
12
would argue that our permit on this board is in
13
violation of Boards own rules and regulations because
14
we don’t have the special permit to support our permit
15
by this board.
16
injunction to prevent us from moving forward.
17
they do in fact have a remedy.
18
At that point in time, they
That means that they would get an
So
I also wanted to make it clear to the Board
19
this whole issue of conflict of interest.
Counsel, I
20
think, unintentionally misstated a couple of things.
21
First of all, Mr. Henderson is not an employee of
22
Northvision.
23
Mr. Capolupo was also a principal of.
24
that Mr. Hunt is a trustee of the owner of the
He is an employee of another entity that
He also stated
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property where our sign is to be located.
2
also not the fact in the case.
3
individual that owns that property.
4
That is
He is a cousin of the
The whole issue of the conflict of interest.
5
I think needs to be addressed.
6
here is there is an appeals court case that is
7
directly dealing with this situation.
8
specifically states that the court does not have the
9
authority to overturn a special permit decision based
10
The important issue
That case
upon a conflict of interest without two things.
11
One, a decision by the ethics commission
12
determining that there was a violation.
13
request by the Board with the allegedly defective
14
decision asking that the court overturn the decision.
15
We have nine of those things in here.
16
town when we filed our initial motion to dismiss Clear
17
Channel’s hearing.
18
town is not in favor of overturning this.
19
Number two, a
In fact, the
The town joined in that.
So the
The conflict of interest is really not an
20
issue here.
The other issue that I think should be
21
understood by the board is when we talk about
22
depositions.
23
30 B-6 which finds Clear Channel, that the position of
24
Mr. Ross.
The deposition that was taken under rule
He testified that my client Northvision met
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all the requirements for a special permit.
2
are trying to appeal and overturn my client special
3
permit.
4
special permit.
5
So they
They admit that we are entitled to the
I think based upon that if nothing else, the
6
conflict of interest is meaningless in regard to our
7
special permit.
8
denial, but that has nothing to do with my client’s
9
rights to proceed.
It may have initial regards to their
Our position in this case is that
10
we are entitled to move forward.
11
his decision which you have a copy of I understand
12
makes it clear that he thought that for some reason
13
that we should not be able to go forward, that this
14
Board should not hear and make a decision on our
15
application for the permit, he had to write based on
16
the plaintiffs application in either adjoin us from
17
coming here today or adjoining the board from
18
proceeding with this application.
19
Judge Cornetta in
That is what the request was.
He denied it
20
saying it was premature, and one of the arguments that
21
we made as to why it was premature is because under
22
pursuant to Chapter 93 Section 31, they have the
23
ability after the fact, if we get the permit and their
24
fear is if we get permit here and then our special
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permit is overturned now we have a permit that
2
violates the rules.
3
then they have the right to get that injunction.
4
that is why it is premature.
5
Well that is premature, because
So
So we would respectfully suggest that asking
6
that this board take a look at this point is not
7
appropriate.
8
suggested in any way whatsoever.
9
suggested doing it would’ve said so or it would’ve
10
It is not something that the court has
If the court had
taken the action itself.
11
The August date, I don’t know if the judge
12
is going to make a decision.
Your pleadings have to
13
be filed with the court.
14
expect sometime late July or early August.
15
to be an argument schedule then there has to be a
16
decision.
17
September but none of us know for sure.
18
respectfully ask that the Board go forward and approve
19
the application before the court process comes in and
20
move forward as well.
That is going to be done I
There has
I am hopeful it is going to be early
21
JOHN ROMANO:
22
WAYNE CAPOLUPO:
We would
Thank you both.
If I may just add Sir
23
although we may not actually start construction of
24
this board until after the hearing on the motion of
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summary judgment.
There are many months of
2
preparatory were in engineering that could in fact
3
move forward in anticipation of that.
4
fact timely that you would award this permit to us.
5
Thank you
So it is in
6
JOHN ROMANO:
Great thank you all.
7
CHRIS QUINN:
I have a question and this
8
could be very problematic.
We just learned today that
9
you thought you were going for two applications and
10
there is only one for one face.
I looked at your
11
special permits, I didn’t pay attention to that, Is
12
the special permit for two faces or one?
13
WAYNE CAPOLUPO:
It’s for two.
14
CHRIS QUINN:
It was for two, okay.
15
JOHN ROMANO:
Thank you all I got it all.
16
We will take it all under advisement and we will get
17
back to you as soon as possible.
18
Moving on to Revere.
Thank you.
So we have 1300 North
19
Shore Road Route 1A.
It is the MBTA parking garage by
20
Wonderland Station.
21
2015D016 it’s for the Northside and Southside of the
22
garage.
23
Clerk were notified on June 9, 2015 of this hearing.
24
Is the applicant present?
Two applications, 2015D015,
The City of Revere, the Mayor, and the City
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2
ED O’SULLIVAN:
the applicant.
3
JOHN ROMANO:
4
(No response)
5
JOHN ROMANO:
6
(No response)
7
JOHN ROMANO:
8
highway
JOHN ROMANO:
BUU TRAN:
13
JOHN ROMANO:
14
BUU TRAN:
15
JOHN ROMANO:
18
This is -- there are two of
them here.
BUU TRAN:
Yes, 16 we have an issue with
traffic but the 15 is okay.
20
BUU TRAN:
21
JOHN ROMANO:
24
For --
Northbound.
CHRIS QUINN:
23
Is anybody here from traffic
We are okay with that.
19
22
Is anybody here from the
office?
12
17
Any abutters here today?
(No response)
10
16
Is anybody here from Revere?
district office?
9
11
Yes Sir Ed O’Sullivan for
So which one is okay?
15 is okay with us.
Okay, so we will kind of do
both at the same time here.
BUU TRAN:
How about the other one?
The other one we have to do more
traffic studies, because the rotary has a high crash
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area.
2
JOHN ROMANO:
So, Ed, as we informed you
3
yesterday the traffic department is going to require a
4
further traffic study on the one on the rotary side of
5
the building.
6
side the traffic department has no issues with from
7
their end.
8
9
So I don’t get it wrong.
ED O’SULLIVAN:
The other
Mr. Romano is it fair to ask
has the traffic department traffic engineers reviewed
10
the 300 page traffic study that was prepared and filed
11
in January?
12
JOHN ROMANO:
I gave the state traffic
13
engineer a copy of what you guys gave me.
14
it is something that here he had in his possession
15
because it was for the garage/development. So he had
16
reviewed it.
17
there, but it was not the information that we require
18
in the study.
19
for this study but it doesn’t meet what we require in
20
the study.
21
He told me
There was some useful information in
Some of that information can be used
ED O’SULLIVAN:
Would it be appropriate, not
22
necessarily here off course, after the fact, be able
23
to point out whatever deficiencies this study has so
24
we do not have to re-create the wheel.
We can augment
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2
this.
So it would satisfy the requirement.
JOHN ROMANO:
So we will send you a memo
3
from me, which will have details of what they are
4
looking for in this traffic study.
5
ED O’SULLIVAN:
So to reiterate that this
6
permit is not going to be issued pending this
7
particular preconstruction study?
8
JOHN ROMANO:
9
As you know, just to clarify
we do not make any decisions here or issue any of the
10
permits but number 16 will be required to have pre-and
11
post-traffic study required.
12
required to be done and filed with us and reviewed.
13
If the traffic people review that and it is acceptable
14
then you would be issued the permit for that and then
15
you would be able to move forward with Bill -- with
16
whatever it is that you do next. Then there will be a
17
post study after the thing is built.
18
apply to 15 or the North side of the board.
19
no issues from traffic standpoint on that one.
20
ED O’SULLIVAN:
The pre-study will be
That does not
They have
So again, I know we are all
21
new to this and I appreciate that you are going
22
through this now for the second time.
23
to be part of the first one and now the second one.
24
When this is completed, whether it is this document or
I feel honored
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another document, is it the division’s intention to
2
judge whether the permit should be issued on some
3
preconstruction traffic pattern study or is it the
4
intention to issue the permit at some point, so you
5
can have pre-and a post kind of construction data
6
comparison.
7
trying to get at.
8
9
What is the purpose of this is what I am
JOHN ROMANO:
the purpose is this study is
to determine whether or not, a digital billboard will
10
cause enough, but I don’t want to say this the wrong
11
way because I am no the traffic people but basically
12
concerned about distraction to drivers and accidents
13
related to.
14
digital board will be appropriate here based on what
15
traffic studies, the traffic study could bear out
16
whether or not, the digital board will be a problem or
17
not.
18
19
20
So the study is all about whether a
CHRIS QUINN:
So at the end of the day it is
a before and after analysis.
ED O’SULLIVAN:
That is the point.
It is a
21
before and after analysis.
What I would hopefully
22
request is that the permit is issued so we could begin
23
the process and get it built.
24
process of comparing a pre and post.
Then you can begin the
There is nothing
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to compare.
2
JOHN ROMANO:
So, Ed, it is my understanding
3
that the pre-study could determine and it says right
4
in the things that I am going to send you, that is
5
prepared by our traffic people.
6
determine that a digital board is not acceptable here.
7
So it is not a matter of just waiting for the post.
8
The pre-one could determine that up front and the post
9
one and the comparison could after-the-fact determined
10
that it can’t stay there.
11
12
The pre-study could
ED O’SULLIVAN:
That I understand and I am
clear.
13
JOHN ROMANO:
So it is both.
14
ED O’SULLIVAN:
But to make a determination
15
in a pre-study is going to be fairly -- unless there
16
is some written out regulation something fairly
17
subjective you know that on X date of June in 2014
18
there is an X number of traffic accidents at a given
19
site.
20
can be issued or not?
21
the question?
22
Is there some correlation to whether a permit
JOHN ROMANO:
Is there a standard, I guess is
So once you do your pre-study
23
it asks him or her to give an opinion, whether they
24
think there is an issue here too.
That is one of the
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things that it ask.
When we get that and review that
2
our traffic people will be happy to sit down and
3
review that with you.
4
ED O’SULLIVAN:
5
JOHN ROMANO:
Thank you.
Okay.
Thank you.
So you know
6
15 there is no traffic issues.
7
it is not on both.
8
certified mail notice sent to the property owners?
9
10
So everyone is clear
It is only on one.
ED O’SULLIVAN:
So was
It was and it was provided
to your office.
11
JOHN ROMANO:
I do have a letter; the post
12
office receipts, and all of that and the list from the
13
town.
14
time.
15
you received any comments in support or opposition?
Thank you very much for doing that ahead of
It is very helpful. I appreciate that.
16
17
ED O’SULLIVAN:
The only comment in
support has been the City of Revere.
18
19
No sir.
Have
JOHN ROMANO:
Their signature is on it so we
assume they are in favor of it.
20
ED O’SULLIVAN:
21
JOHN ROMANO:
No other comments.
And we have received none.
22
did require a special permit from the city or a
23
variance?
24
that’s right.
It
Oh no you don’t have to because it is MBTA,
If I had just read my notes, I would’ve
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known that.
Sorry about that.
2
with the electronic billboards there is requirements
3
for the brightness limits, ten second static display,
4
and the 15 hour public service announcement program,
5
that again we have with Jerry Keller.
6
ED O’SULLIVAN:
7
JOHN ROMANO:
8
one.
9
would appreciate it.
10
And you understand
Yes Sir.
Chris, I think you did this
If you could review both 15 and 16 for us, I
CHRIS CHAVES:
Yes I can.
As you
11
mentioned, this is another proposed new build to be
12
affixed to the north and south facing facades of the
13
Wonderland garage.
14
the two signs are separated by a building.
15
technically they are within 500 feet of each other.
16
It is supposed to be thousand but they were put in
17
500.
18
This is a unique situation where
So
There is a provision in the regulations it
19
is 700 CMR 3.17 Section 6 and it does say due to a
20
building separating the two signs that a motorist can
21
only view one sign at any point on the public way
22
one time. This is pretty clear-cut that that provision
23
is one is facing north, one is facing South and
24
motorists cannot see both sides traveling down the
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travel lane at one time.
2
3
JOHN ROMANO:
So that eliminates the spacing
issue.
4
CHRIS CHAVES:
That eliminates the spacing
5
issue, yes Sir.
Also, there is a couple of Clear
6
Channel 12 x 25 poster boards to the South of the
7
site.
8
approximately 513-feet from the site from 200015D016.
9
Again, that measurement was taken multiple times and
The closest Clear Channel poster is
10
when we do measure from sign to sign we do measure
11
along the roadway which takes into account curvature
12
of the road which was helpful in this instance.
13
that said, there are no ill issues pertaining to this
14
according to the CMR.
15
JOHN ROMANO:
With
So outside of the traffic
16
issues that is part of the CMR there are no spacing,
17
schools, parks or anything like that.
18
good.
19
20
CHRIS QUINN:
We are all
The beach is well over 300
feet away, I take it.
21
CHRIS CHAVES:
22
JOHN ROMANO:
23
D016, am I correct?
24
appreciate that.
Yes.
It is well over.
And that is on for D015 and
Good, thank you for that.
I
Ed, anything else that you want to
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add?
2
ED O’SULLIVAN:
No, just thank you very much
3
for your attention to this.
4
forward to working with you on this.
5
6
JOHN ROMANO:
(No response)
8
JOHN ROMANO:
10
Excellent.
Anybody from the
public have any comments or concerns?
7
9
I appreciate it; I look
Okay.
Seeing none, we will
take that under advisement and now we will move
forward.
11
Thank you very much for coming.
Okay, next up we have ION the Ball, LLC.
12
Methuen 126 Merrimack Street.
Application 2015D017 a
13
new structure facing south.
14
Clerk of Methuen were notified on June 5, 2015 of this
15
hearing.
The Mayor and City of
Is the applicant present here today?
16
DAVID GANNON:
Yes, David Gannon.
17
JOHN ROMANO:
Is there anybody here
18
representing the municipality here today?
19
(No response)
20
JOHN ROMANO:
21
today?
22
(No response)
23
JOHN ROMANO:
24
Any of the abutters present
office?
Anyone from the district
I’m striking out there today.
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(No response)
2
JOHN ROMANO:
3
traffic.
4
traffic?
I know Buu is here from
This one here no issues on this one from
5
BUU TRAN:
No.
6
JOHN ROMANO:
Okay.
Dave, I know this
7
question is getting a little old for everybody but I
8
have to ask you.
9
abutters and to people at least 30 days prior.
The certified mail sent out to the
10
DAVID GANNON:
Yes.
11
JOHN ROMANO:
I do have the copies, I have
12
the letter, I have the post office receipts.
13
that everybody’s is doing that ahead of time.
14
makes it nice and makes the process go a lot smoother.
15
So we don’t have to worry about things after the fact.
16
So that is all in order.
17
written comments in support or opposition to the
18
board?
It
Have you received any
19
DAVID GANNON:
No.
20
JOHN ROMANO:
Okay.
22
DAVID GANNON:
No.
23
JOHN ROMANO:
24
inspector Chris again.
21
I’m glad
Anything you would like
to add?
Okay, so this one, my
Popular guy today.
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CHRIS CHAVES:
2
JOHN ROMANO:
I am.
Just so you know, the other
3
guys do work.
4
of these they do a lot of these together.
5
to make that clear.
6
Just because Chris has his name on all
CHRIS CHAVES:
Just want
AS you mentioned the new
7
proposed new build behind North Star Industries,
8
Choice fitness, those are the two businesses within
9
500 feet but there are multiple.
This is a south
10
facing, one face sign facing Interstate 495.
11
location is situated outside of a 500-foot area with
12
on and off ramps.
13
There is no spacing issues with other signs.
14
the criteria.
15
The
There are no issues with the ramps.
JOHN ROMANO:
It fits
Okay, so no issues and I’m
16
sorry I was reading something, we are all set with the
17
two businesses, right?
18
CHRIS CHAVES:
19
JOHN ROMANO:
20
CHRIS CHAVES:
We have multiple there, as
well.
23
24
We have North Star and Choice
Fitness.
21
22
Right.
JOHN ROMANO:
add?
Okay, great.
Anything else to
It is good from your stand point?
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CHRIS CHAVES:
Good from my
standpoint.
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It’s good.
JOHN ROMANO:
Dave, anything else you want
to add?
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DAVID GANNON:
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JOHN ROMANO:
No.
Okay, great.
Just to
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reiterate, as I have with the other electronic board
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we have our sensor and brightness limits, the ten
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second static display, and our 15 hour public service
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announcement requirement that you will work with Jerry
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on once the board is up and running.
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issues with that?
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DAVID GANNON:
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JOHN ROMANO:
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Any concerns or
No.
Okay, any other feedback,
comments, questions from the public on this one?
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(No response)
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JOHN ROMANO:
Great.
Seeing none, we will
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take this one under advisement and we will get to you
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soon.
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You are not going very far because we have another
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from you here.
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Thank you very much for being here on that one.
This is Brockton 59 Mill Street Route 24,
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application 2015SD018 and 2015D019.
So date June 9,
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2015 notification was sent to the Mayor and City Clerk
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Office of Outdoor Advertising July 9, 2015
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in Brockton of this hearing.
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record, is the applicant.
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Anybody here from Brockton?
David Gannon, for the
This is also ION the Ball.
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(No response)
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JOHN ROMANO:
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(No response)
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JOHN ROMANO: Anybody here from the District
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Okay, any abutters present?
Office?
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(No response)
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JOHN ROMANO: Buu, you are up for traffic.
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BUU TRAN:
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This one is tough.
We need to do
more traffic study for both sides.
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JOHN ROMANO:
okay, so this one will require
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a traffic study.
As I let you know yesterday we will
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send you the information.
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with a copy of what is required.
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discussed with the one from Revere.
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traffic study and then a post study.
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will be done and submitted to us, it will be reviewed
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by our traffic people.
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issue the permit.
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will sit down and go over any issues that we have with
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it.
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outlined earlier today.
You will get a memo from me
Same as what we
It is a preThe pre-study
Should it be okay, we will
If there is an issue with it we
So it will be the same exact process that we
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Office of Outdoor Advertising July 9, 2015
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DAVID GANNON:
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JOHN ROMANO:
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Okay.
Certified mail notice was sent
out to the adjacent property owners?
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DAVID GANNON:
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JOHN ROMANO:
Yes.
And we do have copies of
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those, I believe here along with the letter and also
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the post office receipts, etcetera.
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that again.
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support or opposition of this?
Have you received any written comments in
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DAVID GANNON:
No.
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JOHN ROMANO:
Okay.
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So thank you for
And we have not either.
Special permit or variance on this one?
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DAVID GANNON:
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JOHN ROMANO:
Special permit.
And we do have a copy of that.
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I just want to note that the special permit did
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stipulate some additional PSA time for the City of
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Brockton that you need to -- that is in addition to
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our 50.
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CHRIS QUINN:
Okay.
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JOHN ROMANO:
Okay, great.
Again,
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electronic permits you know the sense of brightness,
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the ten second static and our 15 hour public service
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announcement requirement.
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DAVID GANNON:
So any issues with that?
No issues.
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Office of Outdoor Advertising July 9, 2015
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JOHN ROMANO:
Okay, any other -- anything
else on your end that you want to --
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DAVID GANNON:
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JOHN ROMANO:
No, I am all set.
Okay.
This one here is Marc
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Plante, actually did this.
For the record, I was
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actually there for this one.
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office occasionally. So go ahead, Marc.
I do get out of the
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MARC PLANTE:
I appreciated your assistance.
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JOHN ROMANO:
I didn’t do anything; I got in
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the picture.
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MARC PLANTE:
Mr. Director, yes this is a
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proposed new build monopole, electronic application,
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two faces, one facing north, one facing south behind
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Route 24.
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is adjacent to the south side travel lane on Route 24.
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There are no conservation parks, or playgrounds within
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300-feet, so that is fine with regulations.
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is definitely of business character.
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businesses within 500-feet, New England Scaffolding
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and Signature Healthcare.
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The location at 59 Mill Street in Brockton
The area
There are two
The spacing issue there is an existing
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active digital monopole to the south that is over
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1800-feet and legally it just has to be over 1,000.
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There is a ramp within close proximity but the City of
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Office of Outdoor Advertising July 9, 2015
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Brockton is well over 50,000 so it does not apply.
So this site is conforming to the CMR
regulations.
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JOHN ROMANO:
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traffic requirement --
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MARC PLANTE:
Pending the traffic study.
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JOHN ROMANO:
-- but everything else meets
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Okay, great.
what we need it to meet.
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MARC PLANTE:
Yes sir.
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JOHN ROMANO:
Great.
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So anybody else from
the public have any other concerns or issues?
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(No response)
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JOHN ROMANO:
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Accept for the
Mr. Gannon, anything that you
want to add before we go?
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DAVID GANNON:
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JOHN ROMANO:
All right, Marc, you’re good?
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MARC PLANTE:
Yes.
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JOHN ROMANO:
Great.
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CHRIS QUINN:
inspection of all time.
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And you all agreed too.
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Thank you.
Chris,
anything else?
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No.
JOHN ROMANO:
special note.
I guess that was the best
You had three guys out there.
Actually, I will make a
We had Federal Highway and people from
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Office of Outdoor Advertising July 9, 2015
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Illinois out, that’s why I was out there.
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showing off how good we are in Massachusetts.
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don’t work in Chicago.
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okay, so we will get back to you on this one.
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send you the information on the traffic requirement.
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DAVID GANNON:
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JOHN ROMANO:
We were
Glad I
That is all I can say.
Great,
I will
Great.
Great thanks, David.
So we
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did have one application for renewal that we processed
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from OpRock Boston TRSS, LLC that was back in June, so
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that was approved.
Does anybody have any questions,
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concerns, or comments on anything that is on, for the
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record?
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(No response)
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JOHN ROMANO:
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Great, seeing none.
Any other
public comment before we close out?
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(No response)
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JOHN ROMANO:
Okay, seeing none, we will
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adjourn the meeting at 11:58.
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for coming.
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we have been having.
Thank you all very much
Enjoy the rest of the great weather that
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(Whereupon, the proceedings were
concluded on July 9, 2015 at 11:58 a.m.)
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Office of Outdoor Advertising July 9, 2015
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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