PHILLIPS – The board of appeals upheld two decisions made by the code enforcement officer Tuesday evening, finding a local couple’s property to have violated the zoning ordinance.Daniel and Linda Perry were found to have violated the general zoning ordinance when they parked a pair of trailers on their property at 13 Weld Road and began using them as structures. However, more importantly to some of the others living on the Weld Road, the appeals board also found that the Perrys’ signs also violated the ordinance.
These signs, two of which are painted onto the trailers, had been up for some time and refer to a registered sex offender who formerly lived in the area. Some local residents had complained about the signs, calling for a new ordinance to regulate what a sign on private property could and could not say.
The appeals board stayed away from that issue however, instead sticking to Phillips’ ordinance, which limits the amount of signage and the number of signs which can be posted in certain categories.
The town’s attorney, Frank Underkuffler, had guessed as much when asked earlier in the week, saying that the signs’ contents would not “loom large” as the appeals board could only consider issues related directly to the general zoning ordinance.
They did so at Tuesday evening’s public hearing, after a lengthy, fact-finding session and discussion period which lasted four and a half hours. The Perrys were not at the meeting, having also missed the previous two sessions, both of which were continued. Tuesday night, the board reported that the Perrys’ attorney, Ron Cullenberg, had notified the town that he had a conflict of interest in the case and would be unable to proceed as their counsel. Cullenberg, on behalf of his clients, asked for a continuance so the Perrys could seek a new representative.
The board, however, was unwilling to grant a continuance, noting that the Perrys had twice been notified through certified mailings of meetings and not shown up. Instead, the appeals board proceeded with a fact-finding session and public hearing.
Several residents of Weld Road were also present, concerned about the impact of the trailers and signs on their properties. The trailers arrived in the early spring of 2008 and, according to other Weld Road residents, since then the Perrys have cut windows, hung curtains, put up chain-link fences and painted signs.
The signs refer to a case several years ago, where a young man was convicted of a sex crime. They read “[Name] is a child molester! Minors can’t give consent!” and “Religion used by con-artists every day! How sad!” and “Don’t make the children victims again! Honk your support for kids!”
According to Weld Road residents, the other sides of the trailers have signs painted on as well, reading “Welcome to hell,” among other things.
In Phillips, the code enforcement officer decides what constitutes at zoning ordinance violation. A public meeting is then held, followed by a public hearing with the board of appeals. That board then decides either to uphold the code enforcement officer’s decision or set it aside. The board doesn’t have any ability to force property owners to obey the ordinance, and would likely need to bring up the issue in court to legally compel residents.This situation has been a unique one.”We’ve never run into something like this before,” Board Member Larry Pinkham said.
While the trailers were originally registered as motor vehicles, the board ruled they are structures, noting that a small farm stand was being operated out of one of them. The board unanimously upheld Code Enforcement Officer Katharine Shoaps’ interpretation of the ordinance, saying that the Perrys needed to seek the proper permits to utilize the trailers in that manner.
The board also ruled on the controversial signs. While they voted to overrule Shoaps’ contention that the Perrys should have sought a permit for the signs, they unanimously upheld the code enforcement officer’s ruling that the signs were “in non-compliance with performance standards.”
According to Board Chair Sylvia Lambert, copies of the board’s decision will go to the board of selectmen, among others, who now will need to decide how to proceed with the Perrys. The appeals board itself does not have a mechanism for forcing compliance with the town’s ordinance, but the selectmen could consider some sort of legal action, among other options.
“No miracle will happen tomorrow,” Lambert said of the board’s decision.
Lambert also expressed regret that the Perrys decided not to involve themselves in the process, noting that repeated attempts to engage them at the two previous public meetings and the public hearing Tuesday evening had not been successful.
I think it is sad that this family can’t just let go of this and move on. The man that they are referring to was barely an adult when the incident happened. He was not turned in to the authorities – he went to the police himself to confess the crime out of guilt. He quietly and willingly served the sentence handed down by the court. Despite all this, he was harassed by the family to the point where he had to move away after he got out of jail.
For crying out loud, the man hasn’t even lived in the area for over a year now. All they are doing is causing grief and suffering for the members of the man’s family who still live in the area and are guilty of no crime. I think it is time those signs came down.