HomeMy WebLinkAboutCommonwealth vs Charles Clark a DOCKET NUMBER
NOTICE 1`0 THE PARTIES Trial Court of Massachusetts n.
PROSECUTORDistrict Court Department (N
COPY 1825AC000477-
CASE NAME COURT NAME 8,ADDRESS
Commonwealth vs Charles Clark
Barnstable District Court
NAME 8,ADDRESS OF DEFENDANT 3195 Main St
Charles Clark P.O. Box 398
139 Route 6A
Barnstable, MA 02630
(5081375-6778
Yarmouth Port, MA 02675
NAME 8.ADDRESS OF DEFENSE ATTORNEY POLICE DEPARTMENT OF OFFENSE
Yarmouth PD
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TO THE PARTIES IN THIS MATTER:
Attached please find Decision of John Costello, Assistant Clerk-Magistrate for the Barnstable District
Court, in connection with Magistrate Hearing held on September 7, 2018.
If court records indicate that the defendant is represented by an attorney, this notice is being sent to that
attorney, who is responsible for notifying the defendant of the information in this notice. If court records
do not indicate that the defendant is represented by a particular attorney, this notice is being sent
directly to the defendant.
DATE ISSUED CLERK-MAGISTRATE
9/13/2018 Charles J Ardito, Ill
DCR008(11/08) www.mass.gov/courts/ Date/Time Printed: (current date/time)
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TRIAL COURT OF THE COMMONWEALTH
DISTRICT COURT DEPARTMENT
FIRST BARNSTABLE DIVISION
BARNSTABLE, MASSACHUSETTS 02630
J.A
CHARLES RD1T0 ID
IUTaHYN E.HAND
rxum1w+•srica JOHN R COSTELLO
ASSISTANT O1RKRKlMM W BIMTI
Yarmouth v. Charles Clark
Docket No. 1825AC477
The Town of Yarmouth's sign code requires that a business owner who desires to utilize a
temporary sign, such as the moveable `sandwich board' at issue in this appeal,must first obtain a
permit from the Building Commissioner. See Town of Yarmouth Zoning Bylaw, §303,4.1.2.
The use of said sign is restricted as to the number of days it may be displayed. §303.4.1.2.'
Persons or entities displaying such a sign without the benefit of a permit are subject to initial,
then daily,fines. §303.11.2. Alleged violators may either seek relief by application to the Town
of Yarmouth Zoning Board of Appeals, or by requesting a hearing before a magistrate in the
District Court,as the Appellant has done here. §303.11.2, and as stated in the citations.
The Appellant asserts that the sign at issue is not a temporary sign subject to the Sign Code,
because he has been using the sign(or similar)to advertise goods for at least 35 years, and
perhaps for as many as 80. See Appellant's July 25 2018 letter. This long-standing use,he
asserts,makes the sandwich sign a"fixture" of his business,instantly recognizable by hundreds
of customers. He argues that because the sign is a fixture and because it pre-dates the Town's
adoption of the Sign Code,he is exempted from the Town's zoning bylaws. While it may be true
in the colloquial sense that an item or an object may become recognizable or endemic
to not
o a
business owing to longevity of use,merely labeling a temporary signas a
confer legal status for zoning purposes.
Notwithstanding, Section 303.12 Noncom Sg—'ens states as follows: "Lawfully pre-existing
Nonconforming signs may be maintained,but may not be enlarged or redesigned or altered in any ,
way, except to conform to the requirements of this bylaw." Using standard sentence construction
principles,the exception relates to the enlargement,redesign or alteration of a pre-existing sign
but not to the existence of a sign prior to the adoption of the Sign Code. On that basis,I find in
favor of the Appellant as to the three citations iss = " �==_
Johne i ' .1 .—• 1S�f�!-e
September 12,2018 __
'A three square foot sign to display menu items,if affixed to the building,does not require a permit. '
§303.5.7.