Zoning decision melting away 'The Daily Scoop'
Published on September 4th, 2002
STONEHAM, MA - Richard Morello owns and operates “Daily Scoop” in downtown Stoneham and wants everybody to know he’s there, however his efforts to replace the former “Stoneham Creamery” sign with his own free standing advertisement, have been met with resistance from the town.
Having just bought the business some three months ago, Morello has gotten the full scoop on how to change the faceplate of an existing sign with a change of ownership. A previous owner could change the faceplate but a new owner must get a permit.
Morello has been turned down for a permit to install new faceplates in the oversized sign by the Zoning Board of Appeals with a 3-2 vote. According to Morello, Stoneham Building Inspector Eugene Argero suggested disapproval of the permit to the board. Argero could not be reached for comment.
The sign is 25 feet by 40 feet dimension, and is much larger than current by-law allows. Current regulations allow for a maximum sign size of 15 by 25 feet, however this sign already exists, and is not new construction.
In those first three months of business, Morello has been plagued by freezer and air conditioning problems. Repairs were costly and disruptive to Morello’s goal to install his new sign. Morello makes payments on the $3,000 sign he is not allowed to put up, leaving him feeling like he’s been left out in the cold.
“I didn't expect such opposition,” said Morello who thought it is in the town’s best interest to try and keep local businesses happy. “They’re not doing all they could to keep us here.”
The sign structure has been up for 33 years, with different faceplates throughout those years; however, the lights surrounding it have been disabled for some ten years, according to Morello’s recollection. Part of the expense went for new light bulbs for the frame, in an effort to give it new life, as well as a fresh coat of paint. The sign Morello calls a “landmark in town” remains void of the new advertisement, which he believes could be a “boon” for business.
Morello’s plan to advertise locally is not going to slowly melt away. “This really is much ado about nothing,” Morello was told by his attorney, Steven Columbus. Columbus and Morello’s landlord- Frank Geremonte, are working on the details of dishing out a lawsuit against the Zoning Board of Appeals. Columbus called it a “no lose situation” and a “bulletproof case” according to Morello.
Once the Zoning Board of Appeals sends a written denial of the permit, Columbus will handle the issue in court. Citing general law 40A-section B, Columbus said, “It is clear that Mr. Morello’s right to change face plates in the sign is protected by the law.” Unsure of how long litigation could last in Land Court, if Columbus continues this battle in that court, he is confident that Morello will have his “Daily Scoop” sign up in the near future.
Zoning Board of Appeals Chairman William Sullivan believes that the current sign structure does not conform to current by-laws. Sullivan said that once the by-laws were changed, violators of the new requirements were given a specified time period to comply with the new regulations. “When you change the print or advertising on the sign which is excessive in height and overall size, you must then comply with the new by-laws,” said Sullivan. Going to land court is an everyday option on these matters according to Sullivan, “it happens all the time.” If Land Court upholds the Zoning Board of Appeals‚ permit denial, Sullivan believes the sign will have to come down. “With no face on the sign it is just like a metal pole.”
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