After months of controversy and a swarm of regional media attention, East Berlin's zoning hearing board announced Tuesday night the town's most polarizing patriotic banner can stay - under a few conditions.
The board voted unanimously to grant Tucker Industrial Liquid Coatings and its owner, Bernie Tucker, a variance for the large sign on the business' Water Street warehouse, during a hearing at the East Berlin Area Community Center. The sign features an American soldier posed with a military vehicle in Iraq.
The decision came after several hours of testimony and deliberation, and was ultimately made based upon a zoning regulation that grants all property owners in the borough the right to a large sign.
Zoning Board Solicitor Victor Neubaum explained that, while under borough code 50 square feet is the maximum allowable sign size for businesses, all municipalities must provide an area zoned for billboard placement, because citizens have a right to display such large signs.
"If there was a place in this borough zoned for billboards, this wouldn't be an issue," Neubaum said. "But because the borough here can't say to Tucker 'you can have that (sign) over in this part of town but not here,' the zoning ordinance inflicts a hardship."
And Neubaum explained because of that hardship, the board decided to grant Tucker's variance, which will allow him to keep the banner, under several conditions.
Chief among those is the removal of "Tucker Industrial Liquid Coatings Inc." from the bottom left corner of the sign, which borough Solicitor Timothy Shultis argued unfairly advertises for the business.
When asked by Shultis if he would be willing to remove the name from the sign, Tucker Vice President Brian Tucker said he would, but noted he didn't hang the sign with the intent of increasing business.
"This sign to me and to us was a way to show that we and the people of East Berlin support our troops," Tucker said. "It was never for advertising."
In addition to removing the business name, the variance also requires that Tucker apply for a sign permit, and remove the sign if it becomes worn or tattered.
The banner, which is captioned "Proud to support those who defend our freedom," first drew attention earlier this summer, when Bernie Tucker received a notice from the borough that it violated the town's sign ordinance and must be removed. Tucker vowed at that time he would do whatever was necessary to keep the sign.
Tucker has maintained his sign is legal because it was approved in writing by East Berlin Mayor Keith Hoffman. Tucker said after being given the banner in August 2008 by defense contractor BAE Systems as an award for outstanding service, he sought and received the mayor's blessing to display it.
But members of Borough Council contend Hoffman doesn't have the authority to make that determination.
And on Tuesday night, Neubaum agreed with the borough, indicating nowhere in the borough code is the mayor given the right to make such a decision.
"In my opinion (the mayor) has absolutely no authority to tell anyone for any reason not to follow a town ordinance," he said.
East Berlin's rules base allowable sign size on the dimensions of individual buildings, and it's estimated for Tucker's building the maximum acceptable size would be approximately 8 feet by 10 feet, far smaller than the banner, which is 300 square feet.
Tucker initially filed for an "appeal of zoning officer's determination" questioning the validity of the enforcement notice, but at a hearing in early September the board unanimously approved a motion to allow him to apply for a variance for the banner. And that motion specifically allowed Tucker's sign to stay in the interim.
After Tuesday night's meeting, Bernie Tucker said he was happy with the decision, but declined to comment further. He walked from the community center across the parking lot to his neighboring business, surrounded by his legal team and son, his banner in view under a dim light next door.
Most at the meeting said they weren't surprised by the decision, and after it was announced, Tucker was greeted with a string of congratulations as he left the building.
Neubaum agreed that, with emotions removed, the board's decision was the correct one.
"The interesting thing about this case is while it's gotten so much media attention, Tucker is absolutely entitled to the sign legally," Neubaum said. "The decision is correct, and correct under the law."
tstonesifer@eveningsun.com
