News

City resolves to get rid of flashing signs

By Matthew K. Roy
Staff writer
Published: July 10, 2009

PEABODY — The City Council last night moved to switch off the bright and flashing electronic message board signs advertising businesses on Route 114.

Councilors unanimously supported having the building commissioner enforce Peabody's existing sign ordinance, which the city's lawyer said prohibits the colorful displays.

Many councilors have been outspoken critics of the signs, calling them unattractive and distracting hazards.

"This has been a bone of contention for me ever since that sign was first turned on," said Councilor-at-large Jim Liacos, referring to the sign outside North Shore Podiatry.

The city has twice challenged the legality of that sign since its installation in 2001. An initial complaint in July 2001 was apparently resolved, but Assistant City Solicitor Brian Barrett could not find a record of an agreement between the building inspector and business when he recently researched the sign's history.

In 2004, the city again alleged that the sign violated the city's ordinance, but a clerk magistrate in District Court found in favor of Dr. Eliot Sherr, the operator of North Shore Podiatry.

Sherr argued the city's ordinance was ambiguous because it permits a "changeable message, such as those announcing special events or sales." The magistrate agreed and suggested the city amend its ordinance to establish a clear policy of enforcement.

"I don't think that the ordinance as drafted is ambiguous," Barrett told councilors last night. "It's pretty clear what's prohibited and what's allowed."

Under the existing ordinance, signs with "changeable messages" are permitted; however, the use of flashing or intermittent lights is banned.

"We should stand firm (behind) the language and what the ordinance says," Councilor-at-large Ted Bettencourt said.

Councilors were contemplating amending the ordinance to further tighten restrictions, but Barrett advised them that they risked "grandfathering" the existing signs by doing so.

Councilor-at-large Anne Manning stressed that the enforcement would be focused on more than the podiatrist.

"We want to make sure that we correct the problem," she said.

No one voiced opposition to the council's decision last night.

In the area of Route 114, Mortgage Specialists and Sylvan Street Grille have message-board signs that could be in violation. Whether they are or not will be up to Building Commissioner Kevin Goggin to decide.

"I will take the steps allowed under the zoning ordinance," he said after the meeting.

Goggin has the authority to issue a notice of noncompliance.