Office of Outdoor Advertising Public Meeting October 8, 2015 11:00 AM Ten Park Plaza Conference Rm 5 & 6 Boston, MA 02116 Present: John Romano, Executive Director Eileen Fenton, Esq., Counsel 2 Office of Outdoor Advertising October 8, 2015 1 P R O C E E D I N G S 2 3 JOHN ROMANO: Good morning everyone. 4 My name is John Romano; I am the head of the Office of 5 Outdoor Advertising for MassDOT. 6 for our October 8, Public Hearing, our monthly 7 hearing. 8 9 We are here today A couple of housekeeping items at the beginning here. This meeting is accessible to people 10 with disabilities and individuals with limited English 11 proficiency. 12 assistant technology, sign language, alternate format, 13 documents, an interpreter, translated documents, or 14 other such services to be available here today, please 15 see Lydia. 16 ahead of time, is that correct, Lydia? If you filed a request with us for I don’t think we received any requests 17 LYDIA QUIRK: 18 JOHN ROMANO: No. If you haven’t -- excuse 19 me. 20 need it. 21 that is requested ahead of time. 22 other similar assistance to participate today, please 23 let Lydia know and we will do our best to help. 24 We also have amplification devices should you You can also see Lydia. Again, we ask that If you need any A couple of reminders. The 2016 ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 3 Office of Outdoor Advertising October 8, 2015 1 renewals, calendar year will be mailed out in the next 2 few days. 3 should be back to us paid by the end of November. So you should start seeing those and those 4 Also, any permits that are approved in 5 the last quarter, the last three months starting today 6 we will make those be good through the end of next 7 year. 8 it is kind of like joining a gym. 9 December you don’t have to join again in January. 10 thought that has been a past practice and that is 11 something that I thought was logical and we will 12 continue that. So it will be 13, 14, 15 months depending -- so If you join in We 13 The other thing that I want to remind 14 future applicants for permits that new sites need to 15 be staked out following your submission of your 16 application to us. 17 more and more detailed information about how those 18 stake out depending on the location. 19 are getting harder and harder to exactly determine not 20 just where the monopole is but where the signs 21 overhang and stuff like that. 22 We will probably be asking for Some of these So we may ask you for a little more but 23 please be sure that they are staked out. If my 24 inspector goes out there and there is nothing marked ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 4 Office of Outdoor Advertising October 8, 2015 1 at all then he has no way to know where it is supposed 2 to be that may delay you getting on a hearing if that 3 is not done on a timely fashion. 4 as we move forward. 5 So keep that in mind So first item up on the agenda, most of 6 you know we have a sign in sheet over on the table on 7 the left. 8 before you leave so that you will be on record as 9 being at the hearing. If you haven’t signed in, please do so I do see some new faces, so for 10 those who are new, Tammy is our stenographer, and our 11 meeting is being recorded, for the record. 12 Next up is the meeting minutes from 13 last month’s hearing September 10. It is our regular 14 session minutes. 15 table along with today’s agenda. 16 comments, questions, or concerns about last month’s 17 meeting minutes? Copies of those are also on the 18 (No response) 19 JOHN ROMANO: Does anyone have any Seeing none, we will mark 20 those as approved. The first item up on our agenda 21 today is application number 2015D026. 22 structure facing south in Salisbury, 75 Main Street. 23 Northvision. 24 were notified on September 8th, by my office of this It is a new The Salisbury Town Manager and the Clerk ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 5 Office of Outdoor Advertising October 8, 2015 1 hearing. Is the applicant present? 2 PETER MCCLARY: 3 JOHN ROMANO: 4 PETER MCCLARY: 5 JOHN ROMANO: Yes, Peter McClary. How you doing, Pete? Good. Is there anybody here 6 representing the municipality where the sign is being 7 proposed? 8 (No response) 9 JOHN ROMANO: 10 Seeing none. Are there any abutters present here today? 11 PETER FLYNN: Yes, David Pritchard the 12 landlord and I also represent Clear Channel, Peter 13 Flynn. 14 JOHN ROMANO: Okay. 15 opportunity at the end for comments. 16 present from the District Office? 17 (No response) 18 JOHN ROMANO: 19 You will have some Is anybody Anybody here from Traffic Operations? 20 (No response) 21 JOHN ROMANO: We did receive a memo 22 from our Traffic Engineer’s Office, Wu Tran. 23 tell me he wasn’t able to make it here today but they 24 did review the site, the application and they told me ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 He did 6 Office of Outdoor Advertising October 8, 2015 1 that based on their observation it is their judgement 2 that a detailed traffic study at this location will 3 not be required. 4 So we have that for the record. Mr. McClary, was notice to property 5 owners sent out by you guys at least 30 days prior to 6 your submission? 7 PETER MCCLARY: 8 JOHN ROMANO: 9 Yes. And we do have a copy of the letter in our package. 10 PETER MCCLARY: 11 JOHN ROMANO: And all the receipts. And all of the receipts. 12 Thank you very much. Have you received any comments 13 in support or opposition to your application? 14 PETER MCCLARY: 15 JOHN ROMANO: None. Just so you know MassDOT 16 did receive notification from Mr. Flynn that he will 17 speak in opposition of it today. 18 19 PETER MCCLARY: I did know that. will retract that. 20 JOHN ROMANO: Okay, that is fine. 21 Thank you. 22 special permit by the Town of Salisbury, is that 23 correct? 24 So I According to our records you were given a PETER MCCLARY: That is correct. ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 7 Office of Outdoor Advertising October 8, 2015 1 2 JOHN ROMANO: And we do have a copy of that. 3 PETER MCCLARY: 4 JOHN ROMANO: Yes. My inspector for this 5 site proposed location is Jason Bean. 6 go through your report, please. 7 JASON BEAN: Jason, can you Sure thing, John. As 8 stated before this is 75 Main Street in Salisbury. 9 is intended to face Interstate 95. It This was actually 10 a site that was awarded a permit a few months ago. 11 This is the south facing sign. 12 is about 87-feet proposed to be built. 13 It is a digital. It The only thing that stuck out at this 14 site is we did have some ramps but they are well 15 beyond the allotted distance. 16 appears to be no issues going forward. 17 there on the 16, the sign wasn’t built for the other 18 permit yet. 19 pass and put them both up at the same time. At this point, there When we were So I assume they will do that all in one 20 PETER MCCLARY: That is correct. 21 JASON BEAN: We are good on our end. 22 JOHN ROMANO: Thank you very much, 23 Jason. Mr. McClary, this is a digital sign so you are 24 aware of all of the requirements for electronic signs ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 8 Office of Outdoor Advertising October 8, 2015 1 with further CMR with brightness and the ten second 2 static display, and that there is a requirement of 3 fifteen hours of public service for each side. 4 PETER MCCLARY: 5 JOHN ROMANO: Yes, I am aware. Okay. 6 there any other public comments? 7 you asked to speak, now is -­ 8 9 PETER FLYNN: At this time, are I know, Mr. Flynn, Thank you, Mr. Romano. As I indicated a few minutes ago, Mr. Romano, I was 10 here at the previous hearing when I was opposing the 11 single sided digital that they had applied to OOA 12 which they originally got a double sided with the town 13 but only applied for a single side digital here. 14 they are reappearing. 15 Now So I am renewing and I am not going to 16 do the same twenty-minute opposition that I did the 17 last time that you very graciously allowed me to do. 18 There are a couple of things but rather than repeating 19 that, I don’t have to because it is part of the 20 record. 21 I would like to point out just a couple of quick 22 things. 23 24 I will just reaffirm those same objections. We still respectfully request that this Board, OOA table this permit. You don’t have to deny ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 9 Office of Outdoor Advertising October 8, 2015 1 it but you should table it. 2 reasons. 3 hearing was postponed by the judge. 4 until 10/29. 5 challenge to the local permit is alive and well in the 6 Superior Court. 7 going to be heard until 10/29. 8 going to be heard prior to this hearing, I’m told but 9 that got postponed. 10 I have three primary First of all, Northvisions summary judgement That is not on The very bona fide, very substantial That summary judgement motion is not So it was previously So that is still very much up in the air. 11 That challenge at the local level is 12 very much an issue. 13 Board, if in the summary judgement motion my clients 14 win that motion and it is denied, if that occurs then 15 what will happen is the judge will automatically say, 16 I am denying your motion we are going to have a trial. 17 He is going to suggest very strongly that OOA be 18 brought in as a defendant. 19 and that is what I have tried to avoid throughout this 20 process hoping you would table this permit being 21 authorized. 22 the Office of the Attorney General and we are off to 23 the races. 24 I’m just going to say this to the Which will automatically, If OOA is named as a defendant in comes That is not the most important reason ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 10 Office of Outdoor Advertising October 8, 2015 1 you should table it. 2 they are given their permit now and after the summary 3 judgment and I assume they are not going to do 4 anything with that sign and building up in Salisbury 5 until that summary judgment motion is heard, because 6 that is what they represented at the last hearing. 7 see council is not here, so I hope that would be still 8 in play. 9 You should table it because if I We will be notified if they start to 10 build there but what happens here, we have no remedy. 11 We can’t appeal what you are doing. 12 we can’t. 13 here is if they go and build the sign, you give them 14 the permit, and we ultimately win the litigation that 15 sign is up on Route 95, you will then have to litigate 16 its removal and you know what that is. 17 been through this. 18 that we now discovered did not have valid local 19 approvals there is a sign litigation and we are off to 20 the races again. 21 They can appeal Our only remedy is in court. The problem Your Board has If you have to litigate, the sign You can solve that by tabling it and 22 let this very substantial litigation run its course. 23 Thank you. 24 JOHN ROMANO: You’re welcome. ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 Thank 11 Office of Outdoor Advertising October 8, 2015 1 you, Mr. Flynn. 2 item? Any other public comment on this 3 (No response) 4 JOHN ROMANO: 5 Seeing none. Mr. McClary, any closing? 6 PETER MCCLARY: Yes, I would just like 7 to reiterate the sentiments from last time. This is 8 not a court of law. 9 we meet the requirements that which we have with the This is a regulatory agency and 10 town, the towns attorney. 11 litigate itself out and if we lose local approval 12 which we do not expect to lose, then obviously there 13 are remedies within your own CMR that we do not have a 14 valid sign any longer. 15 just won’t have a permit. 16 the case at all. 17 The matter itself will So it won’t be litigation we I don’t suspect that to be Once again, this is not a court of 18 law. 19 about this but who knows how long it will take. 20 could take a very, very long time. 21 have our permits and we have our approvals. 22 the full support of the town. 23 EILEEN FENTON: 24 There is a court of law that can do something It Until such time we We have Mr. McClary, when do you plan on starting the construction of the sign ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 12 Office of Outdoor Advertising October 8, 2015 1 assuming it is permitted? 2 permitted -­ 3 4 6 judgement. 7 hearing? 15 So after summary PETER MCCLARY: We will have to make EILEEN FENTON: Okay, I didn’t know if you had a strategy already in mind. 12 14 EILEEN FENTON: that decision. 10 13 After summary After summary judgment decision or the 8 11 PETER MCCLARY: judgement. 5 9 I mean one side is already PETER MCCLARY: I will have to discuss EILEEN FENTON: Was there an injunction with counsel. requested for -- I am familiar with -- I mean -­ 16 PETER MCCLARY: 17 PETER FLYNN: Yes, it was denied. Yes, it was denied 18 because the judge indicated that we had not exhausted 19 our administrative appeals. 20 important to come in here and to avoid all of the 21 confusion and projecting this into forever. 22 build that sign and the case is still going on they 23 have indicated that they right now don’t know if they 24 are going to start building that sign. That is why it was If they Is it going to ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 13 Office of Outdoor Advertising October 8, 2015 1 be wait until Judge Cornetta hears it or wait until 2 the decision. 3 So if they build it at their peril you 4 haven’t tabled this permit then they may have a sign 5 up there and you will automatically be named as a 6 defendant if we prevail and tearing those signs down 7 could take years. 8 9 10 It is a costly process. PETER MCCLARY: The law provides that you can build at your own peril, if you have the proper permits. 11 EILEEN FENTON: 12 JOHN ROMANO: 13 (No response) 14 JOHN ROMANO: Thank you. Any other comments? Seeing none, thank you. 15 We will take this all under advisement. 16 your time. 17 We appreciate Okay, next up on the agenda is an 18 application by Outfront Media in the City of Boston at 19 39 Old Colony Avenue. 20 and 381. 21 Notice was provided to the Mayor of Boston and the 22 City Clerk on 9/8 of this hearing by my office. 23 the applicant dpresent? 24 It’s application number 2015380 It is a two sided static billboard request. DON WIEST: Is Yes, Don Wiest with Boston ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 14 Office of Outdoor Advertising October 8, 2015 1 Law Firm Dain Torpy and with me John Mahoney with 2 Outfront Media. 3 stand when we speak? 4 pleasure. 5 6 Mr. Romano, would you prefer that we We can stand or sit at your JOHN ROMANO: Stand will be good when you talk so that everyone can hear you. 7 DON WIEST: 8 JOHN ROMANO: 9 Okay. Thank you. anyone here from the City of Boston? 10 (No response) 11 JOHN ROMANO: 12 Is there I want to acknowledge Councilor Baker from the City of Boston. 13 FRANK BAKER: It is actually not my 14 district, so the District Councilor’s Office is here, 15 the Mayor’s Office is here. 16 didn’t want to -­ 17 I am here to oppose but I JOHN ROMANO: No, that is okay. 18 wanted to acknowledge you. 19 staff members from several offices but from the 20 Mayor’s Office. 21 22 23 24 I just I know there are several JOHN ALLISON: I am John Allison from Mayor Walsh’s Office. JOHN ROMANO: Great, thank you. You seen from the other one we will go through our steps ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 15 Office of Outdoor Advertising October 8, 2015 1 and then we will have ample time to for all of you. 2 know you are all here to provide some kind of 3 comments. Thank you all for your patience and being 4 here. 5 6 Are there any abutters present here today? 7 (No response) 8 JOHN ROMANO: 9 I Okay. Is there anybody here form the District Office? 10 (No response) 11 JOHN ROMANO: I don’t see anybody. 12 Traffic Operations is not involved because this is not 13 a digital sign it is a static sign. 14 these questions are for you guys. 15 sent out to property owners at least 30 days prior to 16 submitting your application to our office? 17 DON WIEST: So Don, John, Was certified mail Yes it was. 18 be copies attached to our application. 19 originals here if you need them. 20 JOHN ROMANO: There should We have the I do have them and I have 21 a copy of the letter as well. 22 received any written comments in support or opposition 23 to this? 24 DON WIEST: Has the applicant We have not directly. ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 I 16 Office of Outdoor Advertising October 8, 2015 1 understand that your office did. 2 of all of those. 3 JOHN ROMANO: We don’t have copies We have received seven 4 letters of opposition. 5 minutes and read each one of them into the record. 6 Then I will also provide a hard copy to the 7 stenographer. 8 like. 9 order. 10 I am going to take a few So you can sit down during that if you These are in not necessarily any particular This one is to Director Romano; this is 11 from State Representative Nick Collins. 12 Romano, I am writing to you regarding the permit 13 application to build two new outdoor billboard 14 structures at 39 Old Colony Avenue in South Boston. 15 As you may know, this parcel is located on a main 16 street within residential South Boston. 17 spoken with community members from the impacted area 18 which includes the City Side Neighborhood Association, 19 the Andrew Square Neighborhood Association and the 20 West Broadway Neighborhood Association. 21 serious concerns about the location, content, size, 22 and visibility of the proposal and the residents have 23 voted to oppose this proposal. 24 Dear Director My Office has There are In addition, I am also concerned about ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 17 Office of Outdoor Advertising October 8, 2015 1 the timing of this proposal. 2 within the City of Boston’s South Boston Growth 3 Corridor, a city led initiative to change local zoning 4 from industrial to residential in order to bring 5 moderately priced housing to that part of Old Colony 6 Avenue and the rest of South Boston. 7 it is prudent to grant approval for a billboard at 8 this location until this re-zoning initiative is 9 complete. 10 The parcel is located I do not believe As a result of the foregoing, I would 11 like to go on record in opposition to this proposal 12 for the new billboards at 39 Old Colony Avenue. 13 you for your consideration of this matter. 14 have any further questions, please do not hesitate to 15 contact me. 16 by the Representative. 17 Thank If you It is dated October 7, and it is signed Next, I have a letter from City Council 18 President Bill Linehan. 19 you to express my opposition to the request of 20 Outfront Media’s application number 2015380 and number 21 2015381 to erect two billboards that will be located 22 at 39 Old Colony Ave. 23 24 Dear Mr. Romano, I am writing The area between Old Colony and Dorchester Ave already has numerous existing ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 18 Office of Outdoor Advertising October 8, 2015 1 billboards, the City of Boston have designated that 2 corridor of Old Colony and Dorchester Ave as the 3 growth zone for redevelopment and this proposal does 4 not fit into the vision of the future planning of that 5 area. 6 I respectfully ask you and the Board to 7 deny Outfront Media’s request for permits for this 8 location. 9 10 Sincerely, signed by the councilor. Next, is a letter from Boston City Councilor At-Large Michael Flaherty. 11 Dear Mr. Romano, I am writing to 12 express my opposition to Outfront Media’s applications 13 number 2015380 and number 2015381, requesting to erect 14 two billboards at 39 Old Colony Avenue in South 15 Boston. 16 This area already has numerous existing 17 billboards, and the community would not benefit from 18 additional outdoor advertisements. 19 Dorchester Avenue corridor, which connects to Old 20 Colony Ave at this site, is currently undergoing an 21 extensive planning process to update zoning and 22 improve the overall conditions of the high-traffic 23 area. 24 have a place in the community’s vision for this Furthermore, the I firmly believe that more billboards would not ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 19 Office of Outdoor Advertising October 8, 2015 1 location. 2 In light of these concerns, I 3 respectfully request that the Board deny Outfront 4 Media’s proposal for two new billboards. 5 for your consideration. 6 Flaherty. 7 Thank you It is signed by Councilor Next is from Representative Daniel 8 Hunt. Dear Director Romano, I hope this finds you 9 well. I am writing you today in opposition of the two 10 new billboard licenses proposed for 39 Old Colony 11 Avenue, in South Boston, applications 2015380 and 12 2015381. 13 For the last 15 years or so, there has 14 been a moratorium on billboards across Boston. 15 last year, there has been a significant proliferation 16 of new paper and digital boards throughout our 17 neighborhoods. 18 In the As you may know, this parcel is located 19 in South Boston’s Growth Corridor, a city led 20 initiative to change local zoning from industrial to 21 residential in order to bring moderately priced 22 housing to that area. 23 that I stand with the community and other elected 24 officials in opposition to any new boards in this I would like to go on record ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 20 Office of Outdoor Advertising October 8, 2015 1 area. 2 Thank you for your time and 3 consideration on this matter. 4 representative. 5 It is signed by the Lydia, in your package, I don’t have 6 the Senator’s letter here for whatever reason. 7 you get a chance. 8 9 When The next letter is from the Boston Redevelopment Authority Director Brian Golden. 10 Dear Executive Director Romano, On 11 behalf of Mayor Martin J. Walsh, I am writing to 12 respectfully request that Massachusetts Department of 13 Transportation’s Office of Outdoor Advertising reject 14 the application for a two-sided billboard at 39 Old 15 Colony Avenue in South Boston. 16 Zoning Board of Appeals denied a billboard application 17 at this site in 2012. 18 is not allowed under Article 11 Section 6 of the 19 Boston Zoning Code. 20 The City of Boston’s Furthermore, this application The proposed billboard, located at 39 21 Old Colony Avenue, sits squarely in the middle of the 22 City’s Dorchester Avenue South Boston planning 23 initiative. 24 take a comprehensive and strategic assessment of the The initiative creates an opportunity to ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 21 Office of Outdoor Advertising October 8, 2015 1 types of uses and the scale of development best suited 2 for the area. 3 will improve access to a mix of neighborhood uses 4 including retail and affordable, middle-income, and 5 family-sized housing to meet local needs. 6 it would be imprudent for OOA to approve an edifice at 7 39 Old Colony Ave prior to the completion of the 8 City’s planning study which will conclude in the 9 Spring of 2016. The proactive planning and rezoning Therefore, This area is already experiencing 10 development pressure that includes the mix of uses 11 listed above. 12 In closing, thank you for your 13 consideration of the City of Boston’s request. 14 signed by the Director. 15 16 It is Lydia, do you have the Senator’s letter? 17 LYDIA QUIRK: Yes. 18 JOHN ROMANO: The next is from Senator 19 20 Linda Dorcena Forry. Dear Mr. Romano, I am writing to 21 express my opposition to the billboard permit 22 applications at 39 Old Colony Avenue in South Boston 23 as proposed by Outfront Media LLC. 24 This proposal has received broad ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 22 Office of Outdoor Advertising October 8, 2015 1 opposition from all three surrounding neighborhood 2 associations, as a billboard will have a negative 3 impact on the quality of life of their residents. 4 Furthermore, the proposed placement of this billboard 5 would be directly within the South Boston Growth 6 Corridor. 7 of Boston for rezoning and rapid redevelopment from a 8 formerly industrial zone to a residential area. 9 billboard, if approved, will stand contrary to these This is a location identified by the City This 10 efforts to revitalize this part of South Boston. 11 hope you will bear the future of Old Colony Avenue in 12 mind by denying the application. 13 Senator. 14 I It is signed by the The last letter that I have is from 15 three neighborhood associations Andrew Square 16 Neighborhood Association, City Side Neighborhood 17 Association, and the West Broadway Neighborhood 18 Association. 19 of Boston. It is addressed to MassDOT and the City 20 Please be advised that the Andrew 21 Square Civic Association, City Side Neighborhood 22 Association, and West Broadway Neighborhood 23 Association have just been made aware that Outfront 24 Media has a hearing scheduled this Thursday, October ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 23 Office of Outdoor Advertising October 8, 2015 1 8, 2015 to erect a billboard at 39 Old Colony Ave, in 2 South Boston. 3 This location was cited for a billboard 4 a few years ago, and all of the above neighborhood 5 associations who abut the property, strongly opposed 6 it. 7 and thankfully the application was denied. It was heard by the City of Boston’s Zoning Board 8 9 We go on record AGAIN as being opposed to this billboard for many of the same reasons as 10 before. 11 advertisement, often it is alcohol related, etc. 12 even more importantly, the City of Boston is in the 13 process of planning the Dorchester Avenue/Old Colony 14 Avenue corridor in South Boston. 15 investment in the neighborhood by Mayor Walsh and a 16 billboard would directly contradict these initiatives. 17 Safety, blight, visibility, content of the But, This is a huge On behalf of our members, we ask that 18 you review this proposal and consider the negative 19 impact it will have on our community. 20 request that you deny the above application. 21 signed by Linda Zablocki, Presidnet of Andrew Square 22 Civic Association, Noreen Rosher, President of City 23 Side Neighborhood Association, and Bill Gleason, 24 President of West Broadway Neighborhood Association. We respectfully ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 It is 24 Office of Outdoor Advertising October 8, 2015 1 Councilor Linehan, Flaherty, Mayor’s Office of 2 Neighborhood Services, Representative Collins, and 3 Senator Forry were all copied on this letter. 4 For those of you in attendance we will 5 get to your verbal comments in a few minutes, please 6 bear with us we have a few more steps to take before 7 we get there. 8 9 Mr. Mahoney, Mr. Wiest, as part of the application we received from you kind of in lieu of 10 the special permits they were signed off by the City 11 of Boston with a note that due to a court order that 12 you are -- that as of right you did not need to get a 13 special permit or a variance. 14 that. 15 to add in regards to that? I do have copies of Do you have anything else that you would like 16 DON WIEST: Yes, Mr. Romano, we would 17 like to add that the application was the subject of 18 the litigation. 19 language, the court said it is completely clear. 20 permit application complies with zoning. 21 industrial zoned area. 22 industrial. 23 in Boston. 24 The court order issued very strong The This is an In fact, it is quite strongly Not a lot of industrial quarters are left There are important businesses and ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 25 Office of Outdoor Advertising October 8, 2015 1 whether or not it gets rezoned is a subject for 2 outside of this room. 3 at that district will fight to stay there and continue 4 operating. 5 storage businesses and distribution businesses. 6 application is consistent with zoning and it also 7 meets the state regulatory standards. 8 basis for our application. No doubt, industrial occupants It is a warehouse district. 9 JOHN ROMANO: There are The That is the Okay, thank you. So my 10 inspector that did the inspection on this is Chris 11 Chaves. 12 observations and report? Chris, will you take us through your 13 CHRIS CHAVES: Yes sir. As you 14 mentioned this is a proposed static monopole two-sided 15 facing north and south on the property of Castle Self 16 Storage. 17 fit the criteria. 18 cemeteries, etcetera to take into account here. There are two businesses within 500-feet to 19 Also, there are no parks, schools, There is a current Clear Channel permit 20 16267 and 16268 just north of this site. The 21 measurement that was taken was 509-feet from one site 22 to the other. 23 There is some type of observation well located very 24 close to the proposed location of the monopole which There are a couple of things to note. ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 26 Office of Outdoor Advertising October 8, 2015 1 was viewed upon inspection. 2 Also, upon further review of the 3 information that was provided it is recommended that 4 an additional spacing measurement site review be 5 conducted before rendering a decision. 6 7 JOHN ROMANO: Thank you very much, Chris, I appreciate that. 8 CHRIS CHAVES: 9 DON WIEST: Thank you. Mr. Romano, if I could just 10 add that if there is a ground water monitoring well in 11 the area, we would be happy to relocate that. 12 JOHN ROMANO: Okay, we would like some 13 additional information about that. If it’s -- I don’t 14 know if it’s part of the ground water trust or 15 whatever it is. 16 provide it’s great that you would be happy to move it 17 but I would have to see some documentation that says 18 that it’s okay to move it. 19 field but I need to have something from somebody that 20 is. So whatever documents that you can 21 DON WIEST: 22 JOHN ROMANO: I am not an expert in that 23 be removed. 24 for you if you would. Sure. That says that that can The other thing -- a few other questions ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 27 Office of Outdoor Advertising October 8, 2015 1 DON WIEST: 2 JOHN ROMANO: Sure. Obviously, as you can see 3 there is a lot of opposition to this. 4 measurement is extremely close between an existing one 5 which would -- if it was under 500-feet would make it 6 not permittable. 7 with the 509-feet we’ve continued to look at this very 8 closely and we are going to take some additional 9 review out there. 10 This sign So while an initial review came up Looking at the drawings that were 11 provided there are two different drawings and it shows 12 two different locations for the poles. 13 change the measurement. 14 Obviously, if the well couldn’t be moved it would 15 change the location. 16 of being permittable. 17 concerns that we will continue to review after this 18 hearing and we will certainly follow up with you and 19 keep you in the loop. 20 It could It could change the location. It would probably knock it out We still have a bunch of open Shouldn’t take that 509-feet as what 21 the actual measurement may end up being. That was our 22 initial look. 23 drawings that were provided probably raised more 24 questions than we have solved at this point. As I said, continuing to look at the ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 So we 28 Office of Outdoor Advertising October 8, 2015 1 will stay in contact with you and let you know where 2 we are with that. 3 information that you can provide to us, especially on 4 the well, etcetera, we would be happy to review. 5 Certainly, any additional DON WIEST: We certainly understand 6 that you will need to look carefully into this. 7 makes complete sense. 8 that. 9 additional information we can to be helpful. 10 It It is your obligation to do We understand that if we have to supply any Thank you. 11 JOHN ROMANO: 12 Anything else you want to add at this time? 13 DON WIEST: 14 JOHN ROMANO: Great, thank you. Not at this time. Okay, great. I know 15 there is a handful of people who want to speak out but 16 if everybody is okay, I am going to give some 17 deference to Jake from Senator Forry’s Office. 18 are in formal session right now. 19 opportunity to go first so he can get back to the 20 State House. 21 JAKE: They Give him the From our offices perspective 22 regardless of the proponents legal arguments we feel 23 that it would be premature to allow this permit at 24 this time. The South Boston Growth Corridor ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 29 Office of Outdoor Advertising October 8, 2015 1 Initiative it has been years in the planning and the 2 implementation. 3 and state officials, civic associations and scores of 4 neighborhood residence. 5 revitalized and we just think it would be a little 6 early to allow this billboard to be put up at this 7 time. It has taken broad coalition of city This area is going to be 8 Also, regardless of what the business 9 interest may be in the area this billboard does have 10 an effect on the quality of life of the residence and 11 it stands in conflict with their wishes. 12 reiterate that. 13 JOHN ROMANO: Great, thank you very 14 much. 15 maybe we will just go around from there. 16 We wish to So, I will go with the Councilor next and then FRANK BAKER: Again, outside of my 17 District but abutting my District. 18 runs right through my District. 19 reasons that my seven colleagues are on record on 20 paper for opposing this application here, same for 21 myself, same for my office. 22 The Dorchester Ave For all the same We work diligently trying to remove 23 billboards in the city. 24 quality of life. We find them to be a blight Some of the messaging on the ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 30 Office of Outdoor Advertising October 8, 2015 1 billboards, I don’t think add to the quality of 2 anybody’s life. 3 opposition of this billboard. 4 I would just like to be on record in JOHN: Thank you. My name is John I work in 5 Councilor Bill Linehan’s Office, City Councilor 6 President. 7 just like to echo the statements of opposition. 8 are opposed to this for all the reasons mentioned. I don’t want to be repetitive, I would 9 JOHN ROMANO: 10 DAVID BIELE: We Thank you, anybody else? Good morning Director. 11 David Biele with State Representative Nick Collins 12 Office. 13 is premised on industrial zoning and that will be 14 changed. 15 Boston Division and interagency to revitalize this 16 neighborhood. We also stand in opposition. This proposal That will be turning residential in the City So we are in opposition. 17 JOHN ROMANO: 18 JOHN ALLISON: Thank you. John Allison from Mayor 19 Walsh’s Office I would like to echo some of the 20 statements already made about changing the area. 21 also urge you to not only look at the billboard at 22 509-feet from this location but the plethora of 23 billboards in the area. 24 JOHN ROMANO: Thank you. ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 I 31 Office of Outdoor Advertising October 8, 2015 1 ERIN WALSH: Erin Walsh from 2 Representative Hunts Office. 3 reiterate the sentiments of everybody else’s 4 opposition. 5 6 JOHN ROMANO: Thank you. Anybody else from the public that would like to make a comment? 7 (NO response) 8 JOHN ROMANO: 9 I would like to strongly Seeing none. Any final words from the proponent before we close out. 10 JOHN MAHONEY: Just a few comments. 11 The proliferation of billboards on your website shows 12 that in the last seven years that the number of 13 billboards is down to 3,476. 14 down out of the permits over the last seven years that 15 show on the website 620 billboards have been removed 16 and 247 have been issued. 17 point out that it was mentioned several times, I think 18 Representative Hunt’s Office mentioned about 19 proliferation that hasn’t been so. 20 21 So I would just like to JOHN ROMANO: That number is state wide, correct, not just for the City of Boston? 22 JOHN MAHONEY: 23 JOHN ROMANO: 24 That is like ten percent clarification. Yes. Just for point of Don, any close of words? ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 32 Office of Outdoor Advertising October 8, 2015 1 DON WIEST: Yes, thank you. Just a 2 close. 3 this was an industrial zoned area. 4 characterized by industrial uses. 5 feel that there are proliferation for billboards but 6 this area fit the appropriate category both in terms 7 of the character of the area and also for representing 8 the area for what it was. 9 At the time when we applied for the billboard It is strongly Clearly, people The permit has been granted. It is 10 industrial zoned. As we speak, it may well stay 11 industrial zoned. There are obviously changes in the 12 neighborhood but having been involved with a lot of 13 rezoning processes myself, I can tell you that there 14 is a constituency for these small family owned 15 business in the city that don’t have any place to go 16 today. 17 around them but this area will still stay industrial. 18 It is possible that there will be change We would just say that today, we do 19 have a billboard permit issued by the city under the 20 industrial zone. 21 As far as we know, it will stay. That is the current legal status. 22 JOHN ROMANO: 23 EILEEN FENTON: 24 couple of questions. Thank you, Don. If I could just ask a Obviously, there is a lot of ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 33 Office of Outdoor Advertising October 8, 2015 1 opposition to this whether you knew about it coming in 2 here or not. 3 either way but is there any -- this is a 75-foot 4 billboard over a one story building. 5 know there is one up the street that is really big. 6 Will you or do you have any thoughts around 7 considering either making it less or a little more 8 appealing to the neighbors. This is -- I don’t have an opinion 9 Pretty big and I Obviously, in light of all the 10 opposition is there any opportunity to take it down, 11 make it a rooftop? 12 business decision on your part but obviously, there is 13 a lot of opposition here. 14 you or your client to consider anything like that? 15 I mean, that is obviously a DON WIEST: Is there any appetite from There is more opposition 16 than expected. 17 popular. 18 sometimes. 19 these comments came late in the game. 20 fingers at anyone we just want to -- there wasn’t a 21 lot previously. It is just a reality of this and we see that 22 23 24 Billboards are not always that We would have to think about that. Again, Not to point I think we need to think about that. You mentioned you had a couple of questions. EILEEN FENTON: I guess my other ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 34 Office of Outdoor Advertising October 8, 2015 1 question is are these parking designated parking spots 2 for the business? 3 but I couldn’t really tell. 4 parking for the area? 5 right next to it. 6 I mean, I know the area very well Are these lined for I know there are dumpsters DON WIEST: There is some parking for 7 this retail. 8 There is a self-storage business further back and 9 there is some parking in the lot. 10 11 12 13 14 15 16 17 It is a storefront there that connects. EILEEN FENTON: JOHN MAHONEY: I actually believe that is where the dumpster was before. EILEEN FENTON: The dumpster is actually a little bit closer to me. JOHN MAHONEY: I know where the dumpster is located now. EILEEN FENTON: 19 DON WIEST: 20 JOHN MAHONEY: 22 So you will be taking away parking spots for the billboard? 18 21 That is correct. Okay. It was relocated. They moved it because we are building a billboard there. EILEEN FENTON: Right. I guess my 23 question is more when -- this could have been as of 24 right project at the time this -- in the initial ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 35 Office of Outdoor Advertising October 8, 2015 1 filing to permit this business here did you commit to 2 X number of parking spots that are no longer going to 3 be -­ 4 JOHN MAHONEY: 5 EILEEN FENTON: 6 there. 7 question was. 8 business. On the storage facility? Whatever businesses are So you have -- that is what my initial 9 Your parking spaces designated for the JOHN MAHONEY: So you are asking how 10 much spaces does it take up is what is sounds like. 11 It takes up -- the pole actually takes up about four 12 feet and there are parking spaces. 13 extend the parking spaces out, I guess, if that is 14 your concern. 15 DON WIEST: You can easily We know the city looked at 16 the zoning requirements pretty carefully and that was 17 not -- there was no issue with parking. 18 EILEEN FENTON: 19 JOHN ROMANO: 20 All right, last call. Anything on this? 21 (No response) 22 JOHN ROMANO: 23 24 That is all I have. you. Great, gentleman thank We will stay in touch with you. DON WIEST: Thank you. ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 36 Office of Outdoor Advertising October 8, 2015 1 JOHN ROMANO: Back to -- obviously, 2 this will be taken under advisement. 3 items for the record, does anybody have any questions, 4 comments, or concerns for the couple items for the 5 record part of the agenda. 6 (No response) 7 JOHN ROMANO: Last couple of Okay, seeing none we will 8 conclude the hearing and we will see you all next 9 month if not before. Thank you all very much. 10 11 12 13 14 15 16 17 18 Whereupon, the proceedings were concluded on October 8, 2015 at 11:46 a.m.) ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0 37 Office of Outdoor Advertising October 8, 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 Hillery _________________________________________ Tammy A. Hillery **All names not provided were spelled phonetically to the best of my ability. ATM, INC. Court Reporting Services 3 3 9 -6 7 4 -9 1 0 0