Council Rejects Second Proposal to Resolve Billboard Dispute

Total Outdoor Corp. has made a second proposal to resolve the legal dispute over its billboard structure at 532 Lowell St. and again the Peabody City Council has rejected the offer.

Councilors met with City Solicitor Michael Smerczynski behind closed doors in Mayor Ted Bettencourt's office Wednesday night and spent about 30 minutes discussing the matter in executive session before a decision was reached.

Bettencourt, who initiated enforcement action against Total Outdoor months ago, removed himself from the executive session and told councilors, according to Dave Gamache, that he would support whatever decision they made.

In regular public session Wednesday Council President Tom Gould said two motions came out of the earlier meeting, the first from James Liacos to reject the proposal -- that was approved unanimously -- and the second from Gamache that any further proposals be heard in public. That was also approved unanimously.

Gamache told reporters Total Outdoor offered to move the pole and billboard to the rear of the building, but the exact location wasn't satisfactory to councilors.

"They are willing to move the sign, but the location is the question," he said, adding that poses some potential zoning hurdles for the company in terms of the overhang of the structure and proximity to abutting properties.

According to Smerczynski, Total Outdoor would need a variance from the Zoning Board of Appeals if the pole were relocated to its proper spot in the rear of the site and company representatives admitted in court they feared city officials were prejudiced against doing so at this point.

Both Gamache and Liacos noted Wednesday it wasn't the council that allowed the billboard and pole to be installed in the first place, it was a judge, and it will have to be a judge who finally resolves the matter.

Gamache said it's clear the 92-foot pole cannot remain where it is attached to the side of the building, given that Judge Howard Whitehead agrees that is contrary to the plans he ruled on last year.

Gamache said it's up to Total Outdoor now whether to appeal the city's cease and desist orders, which were upheld in court last month, and thereby return to court for a ruling on what to do with the pole.

"I sense that the council is unified in its opposition... This is not our doing, we did not allow that pole," said Liacos.

"It’s up to Judge Howard Whitehead to determine what’s best for the city of Peabody," Gould said.