SWAMPSCOTT – A decision by the selectmen to allow the Clifton Improvement Association to place a sign on Atlantic Avenue is coming under fire.After more than 30 minutes of discussion, the selectmen voted to allow the group to erect a large sign on Atlantic Avenue near the entrance to Clifton Park.The non-profit group is in the midst of raising funds to build a new seawall to replace the one destroyed by a storm in 2007.A sign was placed in the same spot last year but when a complaint was filed with the town, the building inspector order it removed because it violated the town zoning bylaw that governs signs.When the Clifton Improvement Association asked for approval for the sign from the selectmen, Chairman Anthony Scibelli said everyone is supportive of the project but he doesn’t believe the selectmen have the authority to grant permission for the sign.Selectman Jill Sullivan, a member of the Zoning By Law Review Committee, initially said the selectmen do not have the authority to grant a variance for the sign. She pointed out the zoning bylaw allows signs for municipal purposes and signs for specific one day events, such as an open house or bazaar.She asked if the selectmen could interpret the Clifton Improvement Association sign as being for municipal purposes.Selectman Adam Forman said the seawall the association wants to rebuild would benefit the entire community so that could be interpreted as being for municipal purposes. Selectman Robert Mazow suggested the sign could be allowed under the bylaw provision, which allows a sign for a one day special event. Mazow said the day the Clifton Improvement Association reaches its fundraising goal could be considered a special one day event.The selectmen voted 4-1 at its meeting Tuesday evening to to allow the sign through June 1, with only Scibelli voting against it.Calls to several members of the ZBA were not immediately returned on Wednesday and Swampscott Building Inspector Alan Hezekiah said he was unable to comment because he was not at the meeting when the discussion took place.William DiMento, who is on the Zoning By Law Review Committee, said he believes the Board of Selectmen overstepped its authority by granting permission for the sign.”It is a clear violation of the law,” he said, “The selectmen are looking for and creating loopholes that don’t exist.”DiMento said the zoning bylaw is being reviewed and changes would be presented at Town Meeting.”It will be revised and there will be more flexibility,” he said. “But until then the selectmen have to respect the law whether they agree with it or not.”DiMento said he believes if someone files a complaint with the building inspector regarding the sign the building inspector would have to enforce the zoning bylaw and order it taken down.”There is a proliferation of illegal signs in town,” he said. “The selectmen should worry about those instead of trying to find loopholes so more illegal signs can be erected.”Wednesday morning, Sullivan admitted she may have erred.”Looking at this in the light of day legally I may have made a mistake,” she said. “The bylaw is inflexible in some cases and overly flexible in other cases that is why it is being rewritten. We can allow a banner but not a sign, which is just so inconsistent. I may have been overly motivated to to help this project and the town because this is a win-win for everyone.”
