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HomeMy WebLinkAboutZBA_09221992, w ZONING BOARD OF APPEALS MINUTES September 22, 1992 The Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA, at 7:35 P.M. Present at the hearing were the following members: George Wojtkiewicz, Chairman; Mary-Lou Cotton, Clerk; Leonard Flynn; Richard Secher, Associate Member and Richard Lewis, Zoning Board of Appeals Advisor. The decision on Liberty Mutual which was tabled until September 22, 1992 was continued until October 6, 1992 because several voting members were absent. Mr. Wojtkiewicz stated that he had received a call from the owner of the Liberty Mutual building and the owner is in favor of having the sign placed on the side of the building because of the visibility. Mr. Flynn stated that he drove up and down the highway and the sign in either place is hard to see. A motion was made Mr. Secher and seconded by Mrs. Cotton to open an Executive Session regarding litigation of CTI- Cryogenics and Helix Corporation. Unanimously approved. (See Attached - Executive Session) Minutes of September 1, 1992 were unanimously approved. Mr. Wojtkiewicz discussed the matter of the First Christian Church. The Selectman were asked to waive the fee for the Building Inspector and to waive the fee for the Board of Appeals. The Selectman voted to waive $60 of the $165 ZBA application fee. This is a policy matter to be discussed: who controls the setting of fees. Richard Lewis is to ask Judy Scott if the ZBA has to do anything now on this matter. Mr. Wojtkiewicz discussed the work meeting held at his home. People have various assignments to work on: including the guidelines; redoing the application; rewriting decisions. Mrs. Cotton put into ordinary language, the attachment to the guidelines which quoted the section on variances from Chapter 40A. It was discussed if all applicants should first see the Building Inspector before they submit their applications. Mr. Flynn said he spoke with Bert Cook about this and Bert said that is how it is done in most communities and he has no problem with it. Now after the applications are submitted, Dick Lewis reviews them. The meeting adjourned at 9:15 P.M. Respectfully submitted, Mary-Lou Cotton Clerk EXECUTIVE SESSION Mr. Wojtkiewicz read a letter dated September 2, 1992 from Mr. Charles Chappell, Assistant Secretary, Helix Technology Corporation, into the record. "Helix Technology Corporation has been a corporate citizen of Mansfield for the past seven years with one of the CTI- Cryogenics operating groups at Forbes Boulevard. Recently we have consolidated and located our entire CTI- Cryogenics operation to Hampshire Street in the Mansfield Corporate Center. As a part of the settling in activities at our new facilities we had submitted for and had been denied a variance for the location of two walls signs on the rear of our facilities at 9 and 11 Hampshire Street. Based upon the review of the Mansfield Board of Appeals denial and the visual precedents within the industrial park, we believe that it is likely that our request for a variance as submitted by our sign vendor may not have been properly prepared or presented. We therefore have readied and filed an appeal in accordance with the Massachusetts General Laws in order to preserve our rights and to bring to the Mansfield Board of Appeals further information which may not have been addressed at the initial hearing. As have discussed in our recent telephone conversation we understand the requirements and concerns of the Mansfield Board of Appeals and are hopeful a resolution can be reached. We believe there are precedents and possible alternatives that can be explored and should be reviewed prior to the formal appeal process. We would prefer to file a new, more detailed application. As agreed upon, the opportunity of the meeting as a form for discussion by the representatives of the Mansfield Board of Appeals and Helix Technology Corporation may aid in promptly reaching a satisfactory resolution for both parties. We are pleased that the Board of Appeals has allocated time at the September 22 meeting and look forward to the opportunity to begin to resolve the issue." Mr. Wojtkiewicz stated that he has discussed this issue with Town Counsel and it is perfectly in order for the Board of Appeals to enter into this discussion within the scope of possibly settling this before it reaches Court and before any of the Town's money is spent on the case. Mr. Robert Anastase, Vice President of Operations and Chuck Chappell, Assistant Secretary of the Corporation and Operating Manager introduced themselves. Mr. Chappell stated that in April, 1992 a presentation was made to the Board. They discovered that the sign company hired a third party to make that presentation. Mr. Chappell apologized and acknowledged that he should have made that presentation. Since then they have been looking at alternatives and discussing with the sign vendors exactly what Helix wants. They would like the sign on the south side of the building where the temporary banner is located now. The sign is 56 square feet, self illuminating blue; which is the color of their company. The old request was for two signs on the rear of the buildings on #9 and #11 Hampshire Street. They are now requesting one sign for #9 Hampshire Street. If the sign is placed on the front of the building, it can not been seen from the park, that is whey they are requesting to have it on the south side of the building. The purpose of the sign is for corporate identity. Mr. Wojtkiewicz stated that in terms of any resolution of this matter, everyone has to be happy with the solution. Mr. Secher asked if the Board does not change its mind, will Helix pursue this through the courts. Mr. Chappell said that this was not meant as a threat and he does not know what the next step will be. This matter was continued until October 6, 1992 to discuss it with all members who voted on it. A motion was made by Mr. Secher and seconded by Mrs. Cotton to go out of Executive Session. Unanimously granted.