9/5/2018 PLANNING BOARD Minutes - Laserfiche WebLink

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Warrant Article 11: Signs-Violations & Penalties-It was noted that Mr. Fudala had provided explanations and clarifications regarding the proposed Bylaw Amendments, but his comments did not appear to be in Board Member packets. Mr. Fudala explained that the Zoning Act allowed for Zoning Enforcement, Bryan Anderson, a former member of Mashpee sign committees, noted Town Counsel's attendance at two meetings, who suggested that Mashpee's Bylaw was non-compliant with State and Federal Code. Mr. Anderson added that the existing Sign Code was confusing for small businesses, due to numerous contradictions, and expressed concern about the addition of penalties. Mr. Anderson inquired whether the Town Planner had reviewed this proposed Warrant Article and the Seasonal Sign proposed Article. It was Mr. Anderson's opinion that the existing Sign Bylaw should be reconsidered prior to adding penalties. Mary Lou Palumbo, Mashpee Chamber of Commerce, stated that it was necessary to make it easier for businesses to do business in Mashpee, rather than making it more difficult with additional penalties. Ms, Palumbo noted that, in many cases, a sign was a business' only form of advertising. Ms. Palumbo added that, if signage was going to be enforced, she asked that it be equally enforced throughout Town. In addition, Ms. Palumbo stated that the Chamber of Commerce would be happy to help educate Mashpee businesses about any changes. Building Commissioner Mike Mendoza was recognized and acknowledged that he was instructed by the Board of Selectmen's office to draft the Article, which was thea reviewed by Town Counsel. The Chair invited Mr. Lehrer to share his thoughts and he stated that he would share his comments at the Public Hearing. Mr. Rowley inquired about defining what constituted a second defense and how the fining would occur, suggesting that further definition would be needed. Mr. Mendoza stated that he did not have definitions but shared his experience of over 30 years. Mr. Mendoza stated that when he was called to District Court with penalties, he needed to show proof to defend a ticket, adding that courts did not want municipalities excessively issuing tickets. Mr. Mendoza suggested that the warning would be followed by a conversation. The Chair will share comments with the Board. Mr. Hansen inquired about current violations and whether existing signage would be exempt. Mr. Mendoza responded that violations were addressed when brought to his attention. Warrant Article 12: Seasonal Signs-The Chair will make the comment to the Board of Selectmen that, although listed March to October 15"', the summer season began in Tune, believing that the season recommended was too long. Mr. Balzarini inquired about signage for Christmas and other holidays. Ms. Palumbo was acknowledged to speak and stated that March l was the start of the spring season and when businesses started to become busy, adding that Christmas should also be a consideration. The Chair asked if businesses would agree to starting with a June-October timeframe and Ms. Palumbo responded that the season began in the spring and inquired why Mashpee would want to make it harder for the businesses. Mr. Balzarini inquired why it had to be limited since there were holidays throughout the year. Ms. Palumbo agreed that businesses needed to have visually pleasing signage but it needed to be a faster process and one that did not make it more difficult for small businesses. The Chair stated that she would propose a three week timeframe for Christmas starting on December I and Ms. Palumbo responded that it began on Black Friday. Mr. Kooharian suggested defining seasonal signage, as one that references the appropriate holiday, suggesting that there was too much regulation, Mr. Cummings suggested allowing 30 days before and the Chair added one week following. Mr. Balzarini suggested the focus should be on the size of the sign and inquired why the Town would want to make it harder for businesses. Mr, Kooharian suggested it was not unreasonable that a business may want to coordinate their sign with the appropriate season. The Chair 5