[MassHistPres] Advertising signage on state owned bus shelters within Historic Districts

[Dennis De Witt]

I assume you mean the T's CEMUSA shelters.  You have jurisdiction  
over the design and installation of the shelter itself.  Did you  
assert that?  Or is it on T property and/or are they claiming an  
exemption.  I would guess not, otherwise they would not be sharing  
the revenue.

Your situation is not necessarily easy if the city is getting  
revenue.  Do you have city legal support?  (Incidentally, my  
understanding was that CEMUSA's deal with the T is that CEMUSA gets  
all the income until the shelter is "paid for" and only then do they  
begin to split with the T -- and presumably with the landowner.  I  
don't know how long that takes.)

The T may assert that their charter overrides all local authority  
with respect to the placement of shelters and signs.  Brookline and  
Somerville are asserting otherwise (unless the advertisement is on  
rolling stock or more than 50 ft (I think) from a public way.  In  
Somerville's case it involves billboards on T property.  In  
Brookline's it involves ads in CEMUSA T-shelters and on fences along  
Beacon St in violation of Brookline's billboard ban bylaw.  This is  
not in an LHD, altho we did review and approve the shelter design --  
except for the fact of the ads.  Because of our billboard ban bylaw,  
it is clear that those shelters with advertising will not go up  
anywhere else in Brookline.  The only reason they are on Beacon st is  
that the T is claiming freehold rights to the median.  The town's  
contrary position is that the T only has a right-of-passage.

Our town counsel feels that we have a solid case and expects  
eventually to prevail -- but it have to may go to court first.

It is my understanding that another town allowed the CEMUSA shelters  
with the proviso that one next to a cemetery would not carry  
advertising.

Hope the above helps.

Dennis De Witt

.
On Feb 9, 2007, at 11:51 AM, Hayward, Christopher J. wrote:

> Good morning,
>
>
>
> I have a situation where a bus shelter was recently constructed within
> our Historic District.  The bus shelter is owned by the state and the
> advertising signage placed on it, which is handled by a private  
> company,
> generates money for the Town.  The Historic District Commission has
> jurisdiction over signage placed within the district but it has been
> tricky at best to get the state or the private signage company to come
> before the Commission for approval.
>
>
>
> Has anyone run into a situation like this and if so, do you have any
> advice for a relatively new Preservation Agent to find an amicable way
> through it?
>
>
>
> I would appreciate any advice.
>
>
>
> Thank you,
>
>
>
> Chris
>
>
>
> Christopher J. Hayward
> Conservation/Preservation Agent
> Tree Warden
> Town of Watertown, MA
> 149 Main Street
> Watertown, MA 02472
> P: 617-972-6426
> Fax: 617-972-6484
> chayward at ci.watertown.ma.us <mailto:chayward at ci.watertown.ma.us>
>
>
>
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