Thermo-Orion - Decision
Decision on Petition for a Variance
Requested by Thermo-Orion, Inc. c/o Attorney T. Alexander
A public meeting of the Zoning Board of Appeals (the “Board”) was held on Tuesday
July 23, 2002 at 7:00 p.m. at Beverly City Hall, 191 Cabot Street, Beverly, Massachusetts.
The agenda included a petition by Thermo-Orion, Inc. c/o Attorney T. Alexander to modify a
variance granted January 28, 1997 by replacing the blue “Orion” sign with a red “Thermo”
sign, regarding the property located at 181 Elliott Street, 100 Cummings Center (the
“Parcel”). The property is located in an IG Zoning District.
The July 23, 2002 public meeting of the Board was called to order by the Chairman,
Scott D. Houseman. The following five members of the Board were present: full members
Scott D. Houseman, Scott Ferguson and Margaret O’Brien. Ms. O’Brien recused herself.
Alternate members John Colucci, Joel Margolis and Jane Brusca assumed voting positions.
The public hearing on this application started with the Zoning Clerk, Diane Rogers,
reading the application request to the public and the Board members reviewing the application
material.
Attorney Tom Alexander spoke on behalf of Thermo-Orion, Inc. He explained that
his client wished to modify their existing sign variance. The proposed “Thermo” sign is
slightly smaller than the existing “Orion” sign. He explained that the letter “T” of the Thermo
sign is the same size as the lower-case letters on the “Orion” sign. He added that Thermo-
Orion, Inc. is the largest tenant of the Cummings Center. The company is on the backside of
the Cummings Center Complex. It is approximately 800 feet from Balch Street and the sign
is difficult to see. The business has changed has a new owner and name and the company
would like their sign to reflect this change. The hardship is found in the uniqueness of the
Cummings Center building and the distance of the building, and the sign on it, from the
closest public way.
Chairman Houseman asked if any member of the public would like to comment on
this petition. There were none.
He asked the Board members for their questions and comments. Margolis asked about
lighting of the sign. Attorney Alexander explained that the channeled letters would be
internally illuminated. Colucci commented that the size of the existing sign is appropriate due
to its distance from the nearest road and the size of the proposed sign is somewhat smaller and
less obtrusive.
Chairman Houseman commented that the blue color reflects the Orion trademark
color. He asked if the red color of the proposed sign reflects the Thermo trademark color or
whether it would be possible for Thermo to have blue letters. Lance Solimini, Vice President
of Thermo-Orion stated that Thermo is the new parent company of Orion. He explained that
Thermo is trying to change from individual business units that have their own trademarks to
units that use the “Thermo” trademark color.
Mr. Houseman stated that he believes that red could be considered more obtrusive
than blue in this instance and that other signs in the Cumming Center have less obtrusive
colors. Mr. Houseman noted that the Zoning Board worked out a variance for the entire
Cummings Center that limits the palate of colors that could be used there.
Mr. Solimini commented that he thought the color limits have been a good thing for
the Cummings Center and that he liked the limits. In this case, he said, his company was
trying to comply with the policy of the Thermo family of companies. Mr. Houseman noted
there were no objections from the abutters or other neighbors and that overall the color
scheme at the Cummings Center Complex will remain limited, even with the grant of this
application. He stated that the hardship for the variance modification could based on the same
hardship the Board found in the original variance: the unique layout of the Cummings
Complex in relation to the public ways around it and the distance of the building from the
street.
The Board incorporated its observations as its specific findings of fact, and also
incorporated both the findings from the Board’s 1997 variance decision and the reference in
that decision to the blueprint for the Orion sign (the “Prior Sign Blueprint”) as a means of
determining the size of the letters for the Thermo sign. In addition, the Board made general
findings of fact that owing to conditions affecting this parcel of land, but not affecting the
Zoning District generally in which it is located, a literal enforcement of the provisions of the
Zoning Bylaws will involve substantial hardship to the applicant and the desired relief may be
granted without substantial detriment to the public good and without substantially derogating
from the intent and purpose of the Zoning Ordinance.
Following the questioning and discussion, a motion was made by Colucci based on the
Board’s findings to GRANT the modification of the variance as follows: to replace the
existing sign and allow a red internally illuminated sign saying “Thermo” (incorporating by
reference and attaching to this decision the plan for the Thermo sign submitted with the
application, prepared by United Sign Co. dated March 18, 2002), provided the height of the
“T” in Thermo is not greater than the height of the lower-case letters in the existing “Orion”
sign (to be determined by reference to the Prior Sign Blueprint”). The motion was seconded
by Ferguson. It carried 5-0.
Appeals from the Board’s decision on this petition may be filed in accordance with the
provisions of M.G.L. Chapter 40A, Section 17, within twenty (20) days of filing of this
decision with the City Clerk. This decision shall not be valid unless recorded at the Essex
County Registry of Deeds in Salem, Massachusetts after the twenty-day appeal period has
passed without an appeal being filed.
Respectfully,
Scott D. Houseman
Zoning Board Chairman