On October 7, 2020

Owner cited for sign violation

Large spray-painted sign on Route 4 deemed an ‘eyesore’ that sends the wrong message

By Polly Mikula

Killington town zoning administrator Preston Bristow sent a notice of sign violation to Milos Nemec, owner of the former Hemingway’s building on Route 4 along the Sherburne Flats on Monday, Oct. 5. The letter was addressed to Nemec in Hampton Bay, New York.

“The Killington Zoning Regulations required that signs for discontinued businesses be removed within 6 months after the business has closed. The Killington Zoning Regulations also require that signs advertising the sale or lease of the premise not to exceed six square feet,” he wrote.

“Hemingway’s Restaurant has been closed for over eight years, and the recently added spray painted area advertising the premises for sale is greater than six square feet. The sign, as shown on the enclosed photo, is an eyesore.

“You must remove the sign and its support posts within seven days of the date of this letter. If you do not remove the entire sign and its support posts within seven days of the date ofthis letter, I will send you a formal Notice of Violation via certified mail, return receipt requested, which will be recorded in the land records and forwarded to the Select Board for action.

“This is not the first time I have had to write you about this sign. Please remove it promptly,” Bristow’s concluded in his letter.

Select Board member Jim Haff asked the town to look into the violation last week and planned to bring it up again this week, if necessary.

“Killington’s sign ordinance requires business owners to get approval before putting up a sign… I’d like to see this taken care of as it’s a main route into our town,” said Haff before the letter was sent.

According to the Killington Zoning Bylaws: “It shall be unlawful for any person to erect, or display a sign or enlarge, extend, substantially change, or move a sign within the town without first obtaining a zoning permit from the administrative officer in accordance with the provisions of this section, unless specifically exempt from obtaining a zoning permit or otherwise not subject to zoning permit requirements.”

The regulations further state: “The Administrative Officer is hereby authorized and empowered to revoke any zoning permits for a sign issued by him or her upon failure of the permittee to comply with any provision … A sign and its related structure shall be maintained in good repair.”

While the regulations exempt “signs advertising the sale or lease of the premises on which such a sign is displayed, provided they do not exceed 6 square feet,” Bristow clearly states that Hemingway’s sign exceeds those size limits.

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