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Signs of the times: Broker argues for changes

REPORTER FILE PHOTO Broker Janalyn Travis-Messer challenged the town code ordinance on signage at the Town Board work session last week.
REPORTER FILE PHOTO
Broker Janalyn Travis-Messer challenged the town code ordinance on signage at the Town Board work session last week.

Real estate professional Janalyn Travis-Messer had her day in court but lost the battle.

But she’s continuing to question a town ordinance on signs, bringing her argument to the Town Board at the November 12 work session, saying that the regulation is “confusing and discriminating.”

It cost Ms. Travis-Messer $100 after she failed to win her case in Shelter Island Justice Court November 3. Justice Mary-Faith Westervelt upheld the arguments of Town Attorney Laury Dowd, who argued that Ms. Travis-Messer violated the law by putting a real estate sign on a property not for sale.

Ms. Travis-Messer put up a sign off a property where she was conducting an open house, arguing it was a sign directing those unfamiliar with Island streets to the event.

She maintained it was a temporary sign in place off the property, on North Menantic, and said it was up for about two hours during the open house and then removed. She thought it should have been treated the same as directional signs of general interest such as auctions, bazaars, benefits, elections, outings, weddings, yard sales and similar events.

But her sign carried the Griffing & Collins name and was, therefore, considered a real estate sign.

Ms. Travis-Messer also inquired whether an employee of the Building Department was allowed to issue a summons and allowed to do so on a weekend when the office wasn’t open.

To that, she was told Building Department personnel do handle code enforcement issues and the person who issued the summons was not being paid overtime, but took it upon himself to take action, notifying Ms. Travis-Messer of the violation the following Monday.

Why is the law discriminating against an economic base that produces revenues from which the town benefits? Ms. Travis-Messer.

Since Supervisor Jim Dougherty and Councilman Peter Reich were absent from the work session and Councilman Ed Brown recused himself from the discussion because he works in real estate, the remaining two Town Board members couldn’t take any action without a quorum.

Councilman Paul Shepherd, who said he objected to the law when it was put on the books, said the Town Board could consider changes to the law at a later date.

“We’ll have to bring this thing around when there are more bodies” to discuss it, Mr. Shepherd said.

“I’m not sure we have to rewrite the law,” Councilwoman Chris Lewis said.

She was a Town Board member when the ordinance was written, noting it was in response to complaints from the public about a proliferation of signs on the Island.