Signs taken by the Building Department sit next to a shed behind Town Hall. PHOTO/JERRY SPAR

After a week of confusion regarding the taking of anti-gas station yard signs on multiple streets, the town’s building inspector confirmed that it was his office behind the removal.

Christopher McWhite, Hopkinton’s director of municipal inspections, and Town Manager Elaine Lazarus spoke with the Independent about the issue on Tuesday.

Residents have been looking for answers regarding the removal of yard signs from the Dicarlo Road, West Elm Street and Barbara Road neighborhoods last Tuesday.

The signs reflect opposition to the proposed gas station project at 290 West Main Street, which these neighborhoods abut. The signs’ removal came just before an important public hearing last Wednesday regarding a use variance request to the Board of Appeals about the project.

McWhite explained his office completed “enforcement actions” related to the removal of yard signs on land designated as town property. 

Said McWhite: “[We] did, as a municipality, properly receive requests that signs placed in the right of way be observed and responded to in accordance with the bylaw.”

He confirmed these actions were taken last week in response to a complaint, but he did not confirm where in town enforcement occurred, on what dates actions were taken or who submitted the complaint.

McWhite and Lazarus also confirmed that the building inspectors utilize town-owned Ford Explorers — a type of vehicle similar to the one reported by residents during the time the yard signs were removed.

The two maintain the temporary yard signs were within the town’s rights of way, violating zoning bylaws.

According to an email received by the Independent from Lazarus last week, “road rights of way extend beyond the pavement of a street for variable distances, but this is 4 to 6 feet back from the road pavement.” 

In a conversation with the Independent, Lazarus elaborated further on the reasoning for the zoning enforcement. She claimed the presence of any signs on town property might send the wrong signal about the town’s opinion on a given matter.

“The town itself doesn’t take a position on these things,” she said. “The town isn’t issuing an opinion one way or another.”

The timeline of the sign removal has been a continuous question. Their removal came one day before a public comment hearing on the gas station project. Prior to that, the signs had been in place for almost two weeks.

As to the timing of the enforcement, McWhite explained the process for how his department handles resolving complaints.

“We respond to complaints within 24 hours of receiving [them],” he said. 

The Building Department, McWhite explained, responds to specific complaints and determines whether they fall within the department’s jurisdiction. 

If a violation has occurred, a zoning officer then is tasked with enforcement, which can include the removal of signs.Technically, the Building Department does not need to provide notice that it is removing signs found to be in violation of town bylaws. 

McWhite claimed there was not “adequate time for town citizens to receive a reminder about the signs,” which is why the removed signs remain available for pickup next to the shed behind Town Hall.

Why the Building Department did not send out a notice to residents after enforcement actions were taken remains unclear. When the Independent reached out to the department last week for an explanation on what happened, a representative stated that the department could not comment on the matter, and the issue had been referred to the Hopkinton Police Department.

Pressed on the question of why the department did not affirm an action it had a legal right to do when contacted about the matter last week, McWhite cited clarity of information as a mitigating factor.

“We didn’t want to give out information repeatedly,” said McWhite. “We wanted to make sure the [town] is getting the complete answer and the correct answer.”

Although an official response and explanation for the sign removal has been provided, residents still are expressing frustration over the issue.

John Gavula, a West Elm Street resident who had his signs removed, feels the enforcement was selective and prejudicial. He pointed to other yard signs along his street that were not removed while in clear violation of the same rules.

“It feels weird to enforce [the bylaws] on a particular sign and leave others in the same location,” said Gavula.

He also wishes there was better communication of the bylaw infraction and more of a goodwill effort by town officials to resolve the issue without removing the signs altogether.

“If [the zoning officer] were a good citizen, they could have just moved it over a few inches,” he said.

He and others would like to see a more comprehensive explanation about the bylaws and what is and is not permitted. Lazarus admitted the town could do more to educate residents about yard sign rules.

The town’s zoning bylaws can be found in full here.