| View Agenda for this meeting View Action Summary for this meeting REGULAR
MEETING - ZONING BOARD OF APPEALS Proceedings had and testimony taken in the matters of the ZONING BOARD OF APPEALS, at City of Novi, 45175 West Ten Mile Road, Novi, Michigan, Tuesday, December 8, 2009. BOARD MEMBERS ALSO PRESENT: REPORTED BY: 1 Novi, Michigan 2 Tuesday, December 8, 2009 3 7:00 p.m. 4 - - - - - - 5 CHAIRPERSON SANGHVI: I would like to 6 call to order the December 8, 2009 meeting 7 of the Zoning Board of Appeals for the City 8 of Novi. 9 Will you please rise and join me and 10 Mr. Bauer in the pledge of allegiance. 11 BOARD MEMBERS: I pledge allegiance to 12 the flag of the United States of America and 13 to the republic for which it stands, one 14 nation under God indivisible with liberty 15 and justice for all. 16 CHAIRPERSON SANGHVI: Thank you. Ms. 17 Martin, please call the roll. 18 MS. MARTIN: Member Bauer? 19 MEMBER BAUER: Present. 20 MS. MARTIN: Member Wrobel? 21 VICE-CHAIRPERSON WROBEL: Present. 22 MS. MARTIN: Member Skelcy? 23 MEMBER SKELCY: Here. 24 MS. MARTIN: Member Ghannam?
4 1 MEMBER GHANNAM: Here. 2 MS. MARTIN: Member Krieger? 3 MEMBER KRIEGER: Present. 4 MS. MARTIN: Member Ibe? 5 MEMBER IBE: Present. 6 MS. MARTIN: Member Cassis? 7 MEMBER CASSIS: Here. 8 MS. MARTIN: Chairman Sanghvi? 9 CHAIRPERSON SANGHVI: Here. Thank 10 you. We do have a quorum and the meeting is 11 now in session. 12 I would like to go over the rules of 13 conduct. Just a friendly reminder to please 14 turn off all your cell phones and paging 15 devices. Individual applicant may take five 16 minutes and groups may take up to ten 17 minutes to address the Board. 18 Zoning Board of Appeals is a hearing 19 board empowered by the Novi City Charter to 20 hear appeals seeking variances from the 21 application of the Novi Zoning Ordinance. 22 It takes a vote of at least four members to 23 approve a variance and a vote of the 24 majority of the members present to deny a
5 1 variance. Tonight we have a full Board so 2 all decisions will be final. 3 Let us look at the agenda. Are there 4 any changes in the agenda? 5 MS. MARTIN: No, there is not. 6 CHAIRPERSON SANGHVI: May I have a 7 motion -- 8 VICE-CHAIRPERSON WROBEL: Motion to 9 approve the agenda. 10 MEMBER BAUER: Second. 11 CHAIRPERSON SANGHVI: The motion has 12 been made and seconded. All those in favor 13 of accepting the agenda as presented signify 14 by saying aye? 15 BOARD MEMBERS: Aye. 16 CHAIRPERSON SANGHVI: Those opposed 17 same sign. So, we have an agenda. 18 Let's move on. We don't have any 19 Minutes to approve. 20 Now is the time for public remarks. Is 21 there anybody in the audience who would like 22 to address the Board regarding any item 23 other than what is on the agenda tonight? 24 (No response.)
6 1 CHAIRPERSON SANGHVI: Seeing none, we 2 will close the public remarks section. 3 We will begin with old business. Case 4 number: 09-043, 46050 Twelve Mile Road, Novi 5 Corporate Park. 6 MEMBER CASSIS: Mr. Chair? 7 CHAIRPERSON SANGHVI: Yes. 8 MEMBER CASSIS: May I interrupt? Can 9 we say some remarks about our colleague? 10 CHAIRPERSON SANGHVI: We will do that 11 at the end. 12 MEMBER CASSIS: At the end? Okay, I'm 13 sorry. 14 CHAIRPERSON SANGHVI: Is the applicant 15 here? Have you heard from the applicant? 16 MS. MARTIN: Yes, I have. I talked to 17 one of the staff, the office staff today. 18 CHAIRPERSON SANGHVI: Okay, if the 19 applicant is not here then we will move on 20 to the next case. 21 MS. MARTIN: Jason? 22 MR. PARENT: Yes. 23 MS. MARTIN: Are you here for -- 24 MR. PARENT: Novi Corporate. I got
7 1 called in at the last second. 2 CHAIRPERSON SANGHVI: We were just 3 asking for you to -- 4 MS. MARTIN: Yes. 5 CHAIRPERSON SANGHVI: The Petitioner 6 is requesting a renewal of the continued 7 placement of a temporary construction/sales 8 trailer located at 46050 Twelve Mile Road 9 for Novi Corporate Park from November 10, 10 2009 through November 10, 2011. The 11 temporary permit was issued in TUP05-030 and 12 TUP06-020 and was granted continued approval 13 under ZBA07-065. The property is zoned I-1 14 and located east of West Park Drive and 15 north of Twelve Mile Road. 16 Would you please identify yourself, 17 your name, address, and if you are not an 18 attorney, be sworn in by our secretary. 19 MR. PARENT: I am Jason Parent with 20 Amson Dembs Development also DAP Investments 21 which runs Novi Corporate Campus. Our 22 address is 26105 Lannys Road, Novi, 23 Michigan. And I am not an attorney. 24 MEMBER BAUER: Raise your right hand.
8 1 Do you swear or affirm to tell the truth 2 regarding case: 09-043? 3 MR. PARENT: I do. 4 MEMBER BAUER: Thank you. 5 CHAIRPERSON SANGHVI: Go ahead. 6 MR. PARENT: I honestly I got called 7 in at the last second. The girl that was 8 supposed to attend had an emergency with her 9 son. My attire kind of tells you that. So, 10 is there anything I need to say? She just 11 kind of said just show up. I'm sorry for my 12 not being prepared. 13 CHAIRPERSON SANGHVI: Okay. Is there 14 anybody in the audience who would like to 15 address the Board regarding this case? 16 (No response.) 17 CHAIRPERSON SANGHVI: Seeing none, we 18 will close the public remarks section. 19 MR. BOULARD: Do you want to check the 20 notices? 21 CHAIRPERSON SANGHVI: Pardon? 22 MR. BOULARD: The notices? 23 CHAIRPERSON SANGHVI: Oh, we will come 24 to that. Have you got any? This is from
9 1 the last month. Go ahead. 2 MEMBER BAUER: There were 15 notices 3 mailed. Zero responses and two mails were 4 returned. 5 CHAIRPERSON SANGHVI: Okay, there is 6 nothing in the correspondence. All right, 7 your turn. 8 MR. BOULARD: Thank you. I will try to 9 assist in filling things in. A temporary 10 construction/sales trailer as you mentioned. 11 A couple of temporary use permits in the 12 past. There is a limit on how long trailers 13 and that kind of thing can be approved under 14 those. And this case came to the ZBA 15 previously. The petitioner was granted a 16 variance allowing that trailer to stay for 17 two more years. And the request is for what 18 I would suggest a maximum of two years. 19 The only question I had, and I don't 20 know if you will be able to answer it is, 21 I'm not sure, is the trailer being used on a 22 regular -- 23 MR. PARENT: The trailer is being used 24 to correspond for the people who have
10 1 meetings to go and look at the empty spec 2 buildings. And we didn't foresee 3 construction going as long as it has to use 4 the sales trailer, hence we had to keep 5 renewing the permit, and basically due to 6 the times. That's what I know. 7 MR. BOULARD: Do you have any idea of 8 -- 9 MR. PARENT: We have a lot of people 10 looking at the tenants at the existing 11 building on the corner which I believe is 12 parcel six which is a vacant building. 13 Seven just got filled. And eight we just 14 got that big pile of dirt on that we are 15 going to build our spec building on it. As 16 of right now there is not anything over 17 there. 18 MR. BOULARD: Is there any plans to 19 dress it up a little bit the longer it 20 stays? 21 MR. PARENT: Yeah, on parcel eight me 22 and a couple other affiliates with our 23 company did the hey bails and the trenching 24 around in regards to the city so the dirt
11 1 didn't move. We put the grass blankets on 2 it and everything. 3 MR. BOULARD: I guess my question is 4 if there is any plans to dress up the 5 trailer at all? A little landscaping maybe 6 here or there? 7 MR. PARENT: If it's required, yeah. 8 I know during the summer our crew took care 9 of cutting the grass and taking care of the 10 maintenance of the building. 11 MR. BOULARD: Those are the only 12 suggestions. 13 MR. PARENT: Yeah. 14 CHAIRPERSON SANGHVI: Thank you. All 15 right, I will open it up to the Board. Any 16 comments by any member? Yes, Mr. Bauer? 17 MEMBER BAUER: You say you have had a 18 number of people stop by and go through the 19 building there on the corner? 20 MR. PARENT: No real bites, but I 21 believe it's Signature & Associates that's 22 showing the building. Every once in a while 23 we got to go over there and clean the 24 windows and make sure it looks good. And
12 1 they always call me over there to clean it 2 up, me and my partner, Jose, that work in 3 the field when they show it. And there has 4 been probably about two or three showings 5 within the last couple of months. 6 MEMBER BAUER: You have been 7 advertising? 8 MR. PARENT: Yeah, we have been 9 advertising. Usually the owner of the 10 company, Ryan, handles that with Signature & 11 Associates. 12 MEMBER BAUER: Thank you. 13 MR. PARENT: You are welcome. Thank 14 you. 15 CHAIRPERSON SANGHVI: Yes, Mr. Wrobel? 16 VICE-CHAIRPERSON WROBEL: You said you 17 have one spec building that you are 18 currently trying to lease. You mentioned 19 that you still have an available lot that a 20 spec building has not been built on? 21 MR. PARENT: I believe there are nine 22 parcels. Nine has a building. Seven has a 23 building which was General Development, our 24 partner. Eight is vacant land. Six is a
13 1 spec building which is built by General 2 Development. And there is one through four, 3 and I believe Toyota is on three. So, that 4 would be one, two, three, four, five vacant 5 areas. 6 VICE-CHAIRPERSON WROBEL: So, you are 7 looking to keep this trailer up then for all 8 the vacant property too during the next two 9 years? 10 MR. PARENT: That would be correct, 11 yes. 12 VICE-CHAIRPERSON WROBEL: Thank you. 13 CHAIRPERSON SANGHVI: Anybody else? 14 No? The economy is such there is hardly any 15 action going on anywhere, so I think they 16 are going to need all the help they can get. 17 May I suggest somebody to make a 18 motion if there are no more comments? 19 MEMBER CASSIS: I'm not the great 20 motion maker. Mr. Ghannam, he is a good 21 motion maker. 22 (Interposing) (Unintelligible). 23 MEMBER GHANNAM: If I have been 24 nominated. If I can have the floor.
14 1 MEMBER CASSIS: You are an attorney 2 anyway. 3 MEMBER GHANNAM: But I usually get 4 paid for it. In case number: 09-043 for 5 46050 Twelve Mile Road, Novi Corporate Park, 6 I would move to grant petitioner's request 7 and limit it to two years starting November 8 10th, 2009 through November 10th, 2011, for 9 the reasons that the setback, frontage, 10 height and so forth unreasonably prevent the 11 use of the property. The variance would 12 provide substantial justice to the 13 petitioner and surrounding properties. 14 There are unique circumstances to the 15 property. It's not self created. There is 16 adequate light and air. There is no increase 17 of fire danger or public safety. Certainly 18 property values will not be diminished. And 19 the spirit of the Zoning Ordinance would be 20 observed. 21 MEMBER BAUER: Second the motion. 22 CHAIRPERSON SANGHVI: The motion has 23 been made and seconded. Do I see any 24 further discussion? Seeing none, Ms.
15 1 Martin, will you please call the roll. 2 MS. MARTIN: Member Bauer? 3 MEMBER BAUER: Yes. 4 MS. MARTIN: Member Cassis? 5 MEMBER CASSIS: Yes. 6 MS. MARTIN: Member Ghannam? 7 MEMBER GHANNAM: Yes. 8 MS. MARTIN: Member Ibe? 9 MEMBER IBE: Yes. 10 MS. MARTIN: Member Krieger? 11 MEMBER KRIEGER: Yes. 12 MS. MARTIN: Member Wrobel? 13 VICE-CHAIRPERSON WROBEL: Yes. 14 MS. MARTIN: Chairman Sanghvi? 15 CHAIRPERSON SANGHVI: Yes. All right. 16 Congratulations. 17 MR. PARENT: Thank you. Thank you for 18 the start, Charles. 19 CHAIRPERSON SANGHVI: All right. 20 Moving on to the next one is part of the new 21 business. Case Number: 09-048, 31124 Beck 22 Road, Planet Fitness. Is the applicant 23 here? 24 The Petitioner is requesting a
16 1 variance to allow installation of one 2 additional 63 square foot wall sign on the 3 north elevation of a multi tenant building 4 located at 31124 Beck Road for Planet 5 Fitness. The property is zoned B-3 and is 6 located east of Beck Road and south of 7 Pontiac Trail. 8 Would you please identify yourselves 9 and if you are not attorneys please be sworn 10 in by our Secretary. 11 MS. DILLON: My name is Sue Dillon. 12 I'm the owner of Graphic Visions. We are 13 the sign company who has been contracted by 14 Chris Klebba who is the owner of Planet 15 Fitness. He has taken the lease space of 16 this unit. We have a business at 16857 17 Northville Road, Northville, Michigan. 18 MR. KLEBBA: Chris Klebba, I own and 19 operate these Planet Fitness facilities and 20 our main office is in Northville on Main 21 Street, 235 East Main. 22 MEMBER BAUER: Neither one of you are 23 attorneys? 24 MR. KLEBBA: No.
17 1 MEMBER BAUER: Would you both raise 2 your right hands. Do you swear or affirm to 3 tell the truth regarding case: 09-048? 4 MS. DILLON: I do. 5 MR. KLEBBA: I do. 6 MEMBER BAUER: Thank you. 7 MS. DILLON: You are welcome. 8 CHAIRPERSON SANGHVI: Go ahead. 9 MS. DILLON: I am going to let Chris 10 tell you a little bit about the philosophy 11 of Planet Fitness. If you have experience 12 with fitness clubs, it's a little bit 13 different in terms of the franchise and who 14 they are positioning and I think it's good 15 to understand their philosophy. 16 MR. KLEBBA: I will be brief. But 17 normally when you say opening a health club 18 in Michigan in the same sentence you get a 19 lot of grimaces. It's a tough proposition, 20 but Planet Fitness, only about 42 percent of 21 the people use clubs across the country and 22 Planet Fitness is a franchise on the East 23 Coast with several hundred locations. I 24 have been in the business personally about
18 1 25 years and have been following this 2 closely. 3 What it actually has done is created a 4 whole new fresh approach reaching the 5 non-typical health club user. More busy 6 adults, not people that are worried about 7 being in shape before they go and different 8 things like that. So, we have a very unique 9 fresh approach. We normally bring a lot of 10 traffic, a lot of busy adults to a center. 11 So, obviously the neighbors like that 12 because we bring some traffic throughout. 13 So, it's kind of a fresh approach, 14 different. We offer training. We take away 15 all the barriers. They are normally about 16 fifteen to twenty thousand square feet 17 facilities. 18 MS. DILLON: And basically the 19 proposal you have in front of you is 20 consideration for a second wall sign. We 21 did receive a permit for the Planet Fitness 22 channeled letters, and it was within the 23 sign codes which is indicated on the drawing 24 as sign number one.
19 1 Sign number two is the Planet Fitness 2 icon that is on all their marketing and 3 branding. And because this is a very unique 4 location, I also provided you an elevation 5 of the frontage of a Planet Fitness 6 facility. This particular portion that I am 7 showing the signs on is only from here to 8 here. He physically has all the way to 9 here. It's a very long linear frontage. 10 So, I think it's very important to keep that 11 in scale and in mind. 12 When Chris and I were looking at the 13 building a couple of things came to mind 14 that were concerning both of us. Especially 15 after being there tonight before this 16 meeting, there is not a lot of lighting that 17 lights up the front of these buildings, so 18 at night on the front you have very dark 19 soffits until there is a lit sign. So, we 20 have addressed in this application of ours 21 that we feel that the hardship statement 22 that the Planet Fitness is standing on is 23 that because of their commitment to numerous 24 addresses in this tenant strip mall, the way
20 1 the interpretation is for one business sign 2 for this location, if he had decided to come 3 under the umbrella of two separate business 4 logos, two different identities, two 5 separate entry doors that he had connected 6 under this entry, he probably could have had 7 both of these signs. He is not allowed to 8 do that by his franchise agreement. He has 9 to do everything under the Planet Fitness 10 name and logo. So, he didn't have that 11 option to do to get more visibility. 12 He basically is located between the 13 Dollar Castle and the Coney Island. There 14 is 165 linear feet there. It originally was 15 marketed and has been vacant for over eight 16 years. They have been trying to get four to 17 five tenants into this space. It has not 18 been built out. There has been no one in 19 it. Chris is going through the built out 20 investment portion of getting the interior 21 up to a facility level for Planet Fitness. 22 We have noted that our concerns for 23 requesting two signs, the first note is to 24 display visibility and viability. At night
21 1 and during the day these type of complexes 2 are really designed to have repetitious 3 signs to show where people can shop. And 4 because it's such a long linear frontage 5 because there is no repeat of signs it's 6 going to appear that it's still not leased. 7 It's going to look from a distance like the 8 same, people are going to make assumptions 9 due their driving patterns on Pontiac Trial 10 that there is really no change. That there 11 maybe is another smaller unit there. And 12 Chris is making an investment over a large, 13 obviously large linear frontage of that. 14 So, he would normally if he had put in 15 separate units he would have been allowed 16 three to five signs depending on 17 interpretation of the linear frontage and 18 how he used his door entries. Another 19 interesting thing with this unit and the way 20 that it works is he is going to be using the 21 primary entrance of the large peak. The 22 Planet Fitness lettering if you put that in 23 that peak area would not have been able to 24 go up quite as high because he is by
22 1 obligation has to keep it all in one long 2 line. So, when we started looking at the 3 frontage it made much more sense to put the 4 channel lettering off to the side of the 5 soffit area and to bring in that beautiful 6 circle. And you probably saw the mock-up 7 sign, it fits very well in there. It is 8 within the portion and it does compliment 9 the peak. It also make people realize that 10 that's the main entrance which was the 11 intent of Chris using that full space. 12 The one concern that we do have is 13 because the frontage is so long and people 14 will be parking at nighttime, it doesn't 15 help direct them to the proper frontage to 16 get into that entryway. By having that 17 brightly lit with a logo as well as having a 18 Planet Fitness lettering there, people are 19 going to know what entrance to park and 20 where to go and quickly get inside. Again, 21 it's not a well lit parking area, so it's 22 going to create brightness for those people 23 who are there at night. 24 And there is an equitable mutual
23 1 benefit to other tenants. If you look at 2 the pattern of the signs along the way, 3 having the two signs there is creating a 4 pattern and continuing to say that it is 5 there now and it is very consistent. And he 6 is currently located between two other 7 signature larger tenants, the Dollar Store 8 and National Coney Island, and both of those 9 were very happy to have him come on board 10 and looked at the proposal with thumbs up. 11 So, that is our rationale and the 12 reason for the request and the 13 interpretation of our hardship. 14 CHAIRPERSON SANGHVI: Thank you. 15 MS. DILLON: You are welcome. 16 CHAIRPERSON SANGHVI: Do you mind 17 putting those on the overhead so the people 18 at home can see also your logo? 19 MS. DILLON: Oh, sure. 20 CHAIRPERSON SANGHVI: Thank you. In 21 the meantime, is there anybody in the 22 audience who would like to address the Board 23 regarding this case? 24 (No response.)
24 1 CHAIRPERSON SANGHVI: Seeing none, we 2 will close the public remarks section. And, 3 Mr. Secretary, do we have any 4 correspondence? 5 MEMBER BAUER: There were a number of 6 notices sent, one objection, and nine were 7 returned. The objection, it was strictly 8 objection. There is no writing on it and 9 there was no name on it that I can make out. 10 MEMBER CASSIS: It may be on the back. 11 MEMBER BAUER: No. 12 CHAIRPERSON SANGHVI: Good, thank you. 13 Mr. Boulard? 14 MR. BOULARD: Thank you. As was 15 mentioned, it is a little bit of a unique 16 situation. The suite or the business is 17 actually going to take up like nine of the 18 potential suites out in the building. The 19 signage that they are proposing is well 20 below the threshold of maximum signage 21 allowed by the frontage. However, in this 22 zoning district and under the sign ordinance 23 those signs are limited to 65 square feet 24 each, so, and in that sense it doesn't
25 1 comply. However, certainly it's 2 understandable with 165 feet of frontage it 3 may be appropriate to have some more 4 signage. 5 So, if there are any other questions 6 or anything I would be happy to help with 7 that. We did have one question today about 8 leaving the mock sign up. The Board 9 really -- that's outside of the purview of 10 the Board. It's supposed to come down 11 within five days of the approval. Do you 12 know how long you were thinking before you 13 have the other sign ready to go? 14 MS. DILLON: Not a problem. We need 15 about four weeks for fabrication and 16 installation. And the intent of leaving it 17 up primarily is to save the cost of bringing 18 out the truck and pulling it. I mean, we 19 have that high height so we are having to 20 use a boom truck and bring a crew in to do 21 it, so we are trying to save Chris that 22 extra cost of removing that sign. 23 MR. BOULARD: What I would suggest is 24 once you know for sure in the next couple of
26 1 days how long it's going to take, give us a 2 call and we will see if we can be as 3 flexible as we can. 4 MS. DILLON: Okay, wonderful. 5 MR. BOULARD: But that's something 6 that would be outside -- 7 MS. DILLON: It would be removed at 8 the same time of the new one going up. 9 MR. BOULARD: But technically it's 10 supposed to out in five days. But please 11 give us a call. 12 MS. DILLON: Okay. And just call the 13 Building Department? 14 MR. BOULARD: Yes. 15 CHAIRPERSON SANGHVI: Thank you, Mr. 16 Boulard. Well, I will open it up to the 17 Board for discussion. I went there and I 18 saw the place today. The logo looks pretty 19 good, and it's a pretty deserted place so 20 they need some more traffic around there. 21 This might help. I personally have no 22 objection to granting this variance myself. 23 But we will let the Board decide. Thank 24 you.
27 1 Yes, Mr. Cassis? 2 MEMBER CASSIS: Ms. Dillon, very 3 persuasive. 4 MS. DILLON: Thank you. 5 MEMBER CASSIS: She did a very good 6 job. She did a good job for you. 7 MR. KLEBBA: She does a very good job. 8 MEMBER CASSIS: You presented a very 9 logical and very persuasive argument. I 10 think you have done a very nice, tasteful 11 couple of signs. I was trying to see if you 12 could put the one underneath, but you 13 persuaded me otherwise, and I can see 14 because there is no way you can squeeze in 15 the flat one underneath the logo. I believe 16 the area needs some revival and prominence, 17 and you would be helping the others in that 18 same shopping center. 19 I would vote to approve this. I wish 20 him a lot of luck. He has a lot of space 21 here that he is renting. And he is going to 22 need all the help that he can muster from 23 all of us in the community. And, Mr. 24 Chairman, we are here to help. I don't
28 1 think they are asking for too much here, 2 seeing how wide the area of the building is. 3 And the significance that it can point at 4 that epic thing up there that has the logo 5 on it is very nice and it will direct the 6 people to the entrance. 7 So, good luck to you and I wish you 8 all the luck. That's all I can say, Mr. 9 Chair. 10 CHAIRPERSON SANGHVI: Thank you. 11 MEMBER CASSIS: Thank you. 12 CHAIRPERSON SANGHVI: Yes, Mr. Wrobel? 13 VICE-CHAIRPERSON WROBEL: I too, given 14 the fact that this is taking up a multi-unit 15 section of this building, I have no issue 16 with the second sign because as Mr. Cassis 17 said, and the sign will also direct the 18 patrons of this establishment towards the 19 entrance. And given the footage of it that 20 could be quite helpful. So, I have no issue 21 with this and I would approve it. 22 CHAIRPERSON SANGHVI: Very good. Yes, 23 Mr. Ghannam? 24 MEMBER GHANNAM: I too have no problem
29 1 for the reasons that you stated. And you 2 did do a nice job. I just have one 3 question. When do you plan on opening your 4 business? 5 MR. KLEBBA: Hopefully by the 6 beginning of February. We are waiting for 7 the permit any day. We are ready to go. We 8 are just getting the final stages of the 9 permits. 10 MEMBER GHANNAM: You mean construction 11 permits? 12 MR. KLEBBA: Yes. I'm sorry, the 13 building permit, yes. 14 MEMBER GHANNAM: I have no problem 15 with this also. You did a nice job. 16 CHAIRPERSON SANGHVI: Thank you. Yes, 17 Mr. Bauer? 18 MEMBER BAUER: I think you are going 19 to put a lot of light there in that area and 20 I think that's going to be great for you, 21 and I will definitely vote for this. 22 CHAIRPERSON SANGHVI: Yes, Ms. 23 Krieger? 24 MEMBER KRIEGER: In Case Number:
30 1 09-048, 31124 Beck Road for Planet Fitness I 2 move to approve the Petitioner's request for 3 the variance to allow the installation of 4 one additional 63 square feet wall sign on 5 the north elevation of the multi-tenant 6 building located at said address. And 7 according to the Petitioner's statements 8 that we grant her request and colleague. 9 And the request is based upon circumstances 10 of features that are exceptional and unique 11 to the property and do not result in 12 conditions that exist generally in the city 13 or are self created. 14 And failure to grant relief will 15 unreasonably prevent or limit the use of the 16 property and will result in substantially 17 more inability to attain a higher economic 18 or financial return. 19 And grant of the relief will not 20 result in a use of structure that is 21 incompatible with or unreasonably interferes 22 with adjacent or surrounding properties. 23 MEMBER BAUER: Second the motion. 24 CHAIRPERSON SANGHVI: Thank you. The
31 1 motion has been made and seconded by Mr. 2 Bauer. 3 Now, any further discussion? Seeing 4 none, Ms. Martin, will you, please, call the 5 roll. 6 MS. MARTIN: Member Bauer? 7 MEMBER BAUER: Yes. 8 MS. MARTIN: Member Cassis? 9 MEMBER CASSIS: Yes. 10 MS. MARTIN: Member Ghannam? 11 MEMBER GHANNAM: Yes. 12 MS. MARTIN: Member Ibe? 13 MEMBER IBE: Yes. 14 MS. MARTIN: Member Krieger? 15 MEMBER KRIEGER: Yes. 16 MS. MARTIN: Member Wrobel? 17 VICE-CHAIRPERSON WROBEL: Yes. 18 MS. MARTIN: Chairman Sanghvi? 19 CHAIRPERSON SANGHVI: Yes. 20 Congratulations. Good luck. 21 MR. KLEBBA: Thank you. 22 CHAIRPERSON SANGHVI: Moving along to 23 the Case Number: 09-049, 26132 Ingersol 24 Drive, Novi Town Center. Jim Clear of Novi
32 1 Town Center Investors, LLC, is requesting 2 one three foot maximum front yard parking 3 setback variance, one variance to locate 4 loading space in the side yard, and one 5 variance for the reduction of loading space 6 of 832 square feet, and one variance to 7 locate the dumpster in the side yard to 8 permit the partial demolition and 9 reconstruction of Building 1 in the Novi 10 Town Center. The property is zoned TC and 11 is located on the south side of Crescent 12 Boulevard and Ingersol Drive and Town 13 Center. I see Mr. Quinn is here. 14 MR. QUINN: Yes, good evening, Mr. 15 Chairman, ladies and gentlemen. With 16 presentations like that us attorneys are 17 going to be put out of business. 18 I'm Matthew Quinn appearing on behalf 19 of Novi Town Center. We are here tonight to 20 talk about what we call Building I. You 21 might know it as the Boyne Sports Building 22 or the Clock Tower Building. As you know 23 the Town Center is going through a 24 redevelopment and this is one of the
33 1 buildings that is going to be partially 2 demolished and then rebuilt. And because of 3 the way this building sits as an island with 4 roads really all around it we need a few 5 variances. 6 The matter has already been 7 through the Planning Commission who has 8 recommended positively to the City Council 9 approval of this site plan with conditions 10 and subject to the variances. The City 11 Council last night approved the site plan 12 subject to the three variances we are asking 13 you for. These three variances are 14 relatively small, and if you should have any 15 questions on those, we have got 16 representatives from YE Architects are here, 17 (unintelligible) Webster Engineers and Jim 18 Clear, the mayor of the mall is here to 19 answer any questions that you also might 20 have. 21 The first variance we're asking is for 22 a three foot setback, parking setback. And 23 the reason for that three foot setback as 24 you see up here, this is the interior
34 1 roadway that runs parallel to Crescent Drive 2 and then it comes out. Well, because of 3 that little moon area we can't maintain the 4 full 20 feet. So, we're asking for a three 5 foot variance in that area. 6 As far as the loading space, we're 7 asking for a variance of 832 square feet. 8 The loading space on this building has been 9 flipped from one side to the other. It used 10 to be on the west side of the building, but 11 it was thought because most of the vehicles 12 come in off Novi Road down Crescent Drive, 13 that would be the first thing they would 14 see. So, it's been flipped to the opposite 15 side where it's more remote and out of the 16 way. Again, because of the curvature of 17 this access road it cuts off the squareness 18 of the loading area and that gives us our 19 deficiency that we're asking for. But it's 20 sufficient enough to allow for the purposes 21 that the loading space is intended. 22 The third variance is the 23 location of the dumpster, the refuse bins 24 which is here in this loading area. The
35 1 Ordinance says they should be in the rear. 2 Well, since we're in an island we really 3 don't have any rear. We have businesses on 4 all sides. So, that's really the only place 5 that it can go. And those are the three 6 variances we're asking you for this evening. 7 We would be more than happy to answer any 8 questions. 9 CHAIRPERSON SANGHVI: Thank you. 10 MR. QUINN: Thank you. 11 CHAIRPERSON SANGHVI: Is there anybody 12 in the audience who would like to address 13 the Board regarding this case? Seeing none, 14 we'll close the public remark section. Mr. 15 Secretary, do we have any correspondence? 16 MEMBER BAUER: Yes. Seventy-seven 17 notices were mailed out, three were returned 18 and we had one objection from Panera Bread. 19 No wording. 20 CHAIRPERSON SANGHVI: No wording. 21 Thank you. Yes, Mr. Boulard? 22 MR. BOULARD: Thank you. I have just 23 one question with a bit of explanation. 24 Originally the request or when the plans
36 1 were brought before the Planning Commission 2 and so on, there was a need for I believe 3 four variances. The petitioner has 4 eliminated one of those which was dealing 5 with the berm. Could you clarify the 6 request for the first variance, the three 7 foot maximum front yard setback? Is that 8 still necessary? 9 MR. QUINN: Well, there is an issue on 10 that. It appears that we may be maintaining 11 the 20 feet, but I guess because of the 12 curvature there it still looks like within 13 the last 10 feet we're three feet deficient. 14 But I guess it's better to ask for it and to 15 get it just in case we're a foot off or two 16 feet off. So, I guess we'll abide by and 17 request it, Mr. Boulard. 18 MR. BOULARD: And we have Kristen 19 Kapelanski here from the Planning 20 Commission. She may be able to comment on 21 that. If there are any other questions she 22 could give you the rundown on what happened 23 at the Planning Commission and so on. 24 CHAIRPERSON SANGHVI: Thank you.
37 1 Well, would you like to make some comments? 2 Please go ahead and join them. 3 MS. KAPELANSKI: I guess just a 4 comment on that first question on the three 5 foot variance for the parking setback. The 6 applicant did submit a supplemental plan to 7 address some of the issues in the traffic 8 review, and that plan indicated that they 9 may not need a three foot variance, we 10 haven't formally reviewed anything yet. As 11 far as the supplemental plan goes it may be 12 best just to give them that variance and 13 then should they need it when it comes to 14 stamping site submittal there won't be any 15 issues. 16 CHAIRPERSON SANGHVI: Okay, thank you. 17 Are you done? 18 MR. BOULARD: Yes, sir. 19 CHAIRPERSON SANGHVI: All right. I 20 will open it up to the Board. 21 MEMBER CASSIS: I might as well start. 22 You keep looking at me. 23 CHAIRPERSON SANGHVI: Why not. The 24 year is coming to an end now, you might as
38 1 well continue the good work. 2 MR. QUINN: Or maybe he thinks you are 3 never quiet. 4 MEMBER CASSIS: I was going to say you 5 wore the same jacket, are you trying to 6 persuade me or what? 7 MR. QUINN: I checked with Nancy 8 before I came, yes. 9 MEMBER CASSIS: Yes. You know, I 10 appreciate all the work that is being done 11 on this whole area. It's been needed and I 12 think it looks like they are going on this 13 job in a very constructive and I think very 14 good way of trying to accommodate all the 15 people that come in to shop there. I don't 16 think you are asking for too much in any of 17 these variances. What size of shoe are you 18 using? I can go by my shoes if you want. 19 You said you might not use any of those, but 20 -- 21 MR. QUINN: Well, just the one maybe 22 -- 23 MEMBER CASSIS: Just that one -- 24 MR. QUINN: Just that first one,
39 1 right. But it's still up in the air until 2 the final drawings are done. 3 MEMBER CASSIS: Okay. I don't see, 4 Mr. Chairman, any problem with any of those. 5 Certainly the dumpster should be moved from 6 that area. And also the uniqueness and the 7 kind of setup you have in that island there, 8 you said you don't have an end. That's kind 9 of unique. So, really, you couldn't do it 10 any other way. I would vote for it, Mr. 11 Chairman. 12 CHAIRPERSON SANGHVI: Thank you. Yes, 13 Mr. Wrobel? 14 VICE-CHAIRPERSON WROBEL: Thank you, 15 Mr. Chair. Not having been on the Planning 16 Commission when this came before the Plan. 17 Background, why is this being done, I guess? 18 I am kind of surprised to see that they are 19 demolishing a portion the building. And is 20 there a potential tenant coming in to occupy 21 the unoccupied space that requested this? 22 MR. QUINN: Yeah. As you know it's 23 been a large rental space with Boyne Sports 24 taking up the majority of this building.
40 1 The philosophy in the center now with the 2 new management company that has taken over 3 is to make smaller rental units out of this 4 large area. Large areas, although you just 5 had one just ahead of me, large areas 6 typically aren't renting in malls right now. 7 So, the idea is to have smaller uses with 8 multiple users in order to make it 9 economically sufficient. So, that's why 10 typically that it's being remodeled. 11 VICE-CHAIRPERSON WROBEL: Okay. I 12 have no issue with this and I will support 13 it. 14 CHAIRPERSON SANGHVI: Yes, Mr. Bauer? 15 MEMBER BAUER: You are going to have a 16 number of smaller places? 17 MR. QUINN: Yes. 18 MEMBER BAUER: So, you are going to 19 have more signs, correct? 20 MR. QUINN: That will be more money 21 for this body. It's a possibility -- 22 MEMBER BAUER: Possibility, probably. 23 MR. QUINN: We would welcome lots of 24 signs along those.
41 1 MEMBER BAUER: That's all. 2 CHAIRPERSON SANGHVI: Anybody else? 3 Yes, Mr. Ibe? 4 MEMBER IBE: Mr. Chair, I have no 5 problem supporting this as well. And in the 6 absence of any further comments I will be 7 more than happy to make a motion to approve 8 this. 9 CHAIRPERSON SANGHVI: I just want to 10 make one comment before you start. 11 MEMBER IBE: Very well, Mr. Chairman. 12 CHAIRPERSON SANGHVI: And that is, we 13 have only two people in this room who can 14 afford this kind of jacket. Those are the 15 only two. 16 (Interposing)(Unintelligible). 17 MEMBER IBE: Thank you, Mr. Chair. In 18 Case Number: 09-049, 26132 Ingersol Drive, 19 Novi Town Center, I move that we approve the 20 variance as requested by the Applicant for 21 the reasons that the setback and frontage, 22 height, bulk and density requirements 23 unreasonably prevent the use of the property 24 for the permitted use. The variance will
42 1 provide substantial justice to the 2 Petitioner as well as the surrounding 3 property owners. And considering the 4 economic times that we're living in, the 5 Petitioner has demonstrated the need to 6 demolish and rebuild the property in order 7 to attract new businesses, which I find very 8 encouraging. 9 In addition, there are unique 10 circumstances of the property that makes it 11 important for this variance to be granted as 12 well. And the problem is not self created. 13 And it will not impede the light and air for 14 adjacent properties, and it does not 15 increase any fire danger or public safety. 16 And the spirit of the Zoning Ordinance will 17 be observed. 18 MEMBER BAUER: Second. 19 CHAIRPERSON SANGHVI: The motion has 20 been made and seconded. Is there any further 21 discussion? Seeing none, Ms. Martin, will 22 you, please, call the roll. 23 MS. MARTIN: Member Bauer? 24 MEMBER BAUER: Yes.
43 1 MS. MARTIN: Member Cassis? 2 MEMBER CASSIS: Yes. 3 MS. MARTIN: Member Ghannam? 4 MEMBER GHANNAM: Yes. 5 MS. MARTIN: Member Ibe? 6 MEMBER IBE: Yes. 7 MS. MARTIN: Member Krieger? 8 MEMBER KRIEGER: Yes. 9 MS. MARTIN: Member Wrobel? 10 VICE-CHAIRPERSON WROBEL: Yes. 11 MS. MARTIN: Chairman Sanghvi? 12 CHAIRPERSON SANGHVI: Yes. Well, 13 congratulations. 14 MR. QUINN: Thank you very much. 15 Everyone have a Merry Christmas, Happy 16 Holidays and a good New Year. 17 MEMBER BAUER: Same to you. 18 CHAIRPERSON SANGHVI: All right. Next 19 one is 43350 Grand River Avenue, Potbelly 20 Sandwich Works. Is the applicant here? 21 Please come to the podium. 22 The Petitioner is requesting a 23 variance to relocate the existing 63 square 24 foot south elevation wall sign approved
44 1 under ZBA07-068 to the west elevation of the 2 multi tenant building located at 43350 Grand 3 River Avenue for Potbelly Sandwich Works. 4 The property is zoned TC and is located east 5 of Novi Road and north of Grand River 6 Avenue. 7 Will you kindly identify yourselves 8 and be sworn in by our Secretary if you are 9 not an attorney. 10 MR. KOWSKE: Absolutely. My name is 11 Chris Kowske, I'm the district manager of 12 operations here in the state of Michigan for 13 Potbelly Sandwich Works. 14 MR. FRASER: I'm Bruce Fraser, general 15 manager of Potbelly Sandwich Works. 16 MEMBER BAUER: Would you raise your 17 right hand. Do you swear or affirm to tell 18 the truth regarding case: 09-050? 19 MR. KOWSKE: Yes. 20 MR. FRASER: Yes. 21 MEMBER BAUER: Thank you. 22 MR. KOWSKE: Back when we opened this 23 location in November of '07 the signage both 24 on the north and south sides was fantastic.
45 1 We gained a lot of exposure on Novi Road 2 which is obviously the primary artery there. 3 With the erection of the new building which 4 is currently housing the AT&T, and from what 5 I hear it will soon house a Bagger Dave's, 6 our visibility has been cut in half. Right 7 when that visibility was diminished. Our 8 business actually went down approximately 10 9 to 15 percent. We are no longer getting any 10 visibility at all on the southbound Novi 11 Road travel. And we're looking to move that 12 south elevation signage to that west side so 13 we can gain additional exposure. 14 CHAIRPERSON SANGHVI: That's it? 15 Thank you. I don't see anybody in the 16 audience, but if anybody would like to make 17 any comment regarding this case this is the 18 time to do it. 19 (No response.) 20 CHAIRPERSON SANGHVI: Thank you. 21 Seeing none, Mr. Secretary, have we got any 22 correspondence? 23 MEMBER BAUER: Seventy-seven notices 24 were mailed, no objections and four were
46 1 returned. 2 CHAIRPERSON SANGHVI: Very good. 3 Building Department, Mr. Boulard? 4 MR. BOULARD: Thank you. As the Board 5 saw in the previous hearing to grant the 6 exception for the second sign, certainly I 7 would not be opposed in the least. The only 8 reason that we had to bring this back is 9 that the previous variance was specific 10 about the location of the sign. So, any 11 questions I would be happy to answer them. 12 CHAIRPERSON SANGHVI: Thank you. 13 Yes, Mr. Bauer? 14 MEMBER BAUER: You have a tree on that 15 wall sign near that wall. Is that going to 16 interfere with your name? 17 MR. KOWSKE: No, no, it shouldn't 18 interfere at all. 19 CHAIRPERSON SANGHVI: Okay. Yes, Mr. 20 Cassis? 21 MEMBER CASSIS: I will put in my usual 22 dime's worth. You know, first of all, I 23 went into your establishment in Chicago 24 (unintelligible) where my son lives. He and
47 1 his kids are so in love with your operation. 2 They really love that operation of yours, 3 and I have been there and here too. I am 4 intrigued. Are you sure that it's better 5 for you to move that sign to that location? 6 MR. KOWSKE: Absolutely. The amount 7 of congestion which you can get just at that 8 traffic light alone is going to help. And 9 we have lost all visibility from Novi Road 10 with that north signage. Now, the north 11 signage we need to keep, that's our main 12 entrance. Once you're in the plaza it also 13 identifies where to go in. However, you 14 can't see it anymore now that the AT&T 15 building is up from any angle whatsoever 16 north or southbound. 17 MEMBER CASSIS: But how about the 18 people that are driving on Grand River? 19 MR. KOWSKE: On the Grand River side 20 you will be able to see it. Pardon my 21 direction here, going eastbound on Grand 22 River. However, the westbound will be 23 blocked. However, we are willing to take 24 that chance in order to capture the Novi
48 1 traffic. 2 MEMBER CASSIS: Yeah, I have no 3 objection, Mr. Chairman. I just question -- 4 CHAIRPERSON SANGHVI: I understand. 5 MEMBER CASSIS: Of course, every 6 person has their own thoughts about things. 7 I have been in this community for a long 8 time. I hope it works for you. 9 CHAIRPERSON SANGHVI: Very good. Thank 10 you, Mr. Cassis. Do I see any other 11 comments? Seeing none, would anybody like 12 to make a motion? 13 MEMBER GHANNAM: Mr. Cassis has 14 nominated me. He wants to get out of here. 15 I will go ahead and make a motion, Mr. 16 Chair, in case number: 09-050 for 43350 17 Grand River, Potbelly Sandwich Works, I move 18 that the Petitioner is granted their 19 requested variance of relocating their 20 existing and approved additional wall sign 21 from the south to the west elevation as 22 requested. I believe that the request is 23 based on circumstances of features that are 24 exceptional and unique to the property as
49 1 they suggested, the new AT&T building being 2 erected. 3 That failure to grant relief will 4 unreasonably prevent or limit the use of the 5 property. The grant of relief will not 6 result in a use that is incompatible or 7 unreasonably interferes with adjacent or 8 surrounding properties, and substantial 9 justice will be done to both the applicant 10 and adjacent properties. And it is not 11 inconsistent with the spirit of the 12 Ordinance. 13 VICE-CHAIRPERSON WROBEL: Second. 14 CHAIRPERSON SANGHVI: The motion has 15 been made and seconded. Do I see any 16 further discussion? Seeing none, will you 17 please call the roll, Ms. Martin. 18 MS. MARTIN: Member Bauer? 19 MEMBER BAUER: Yes. 20 MS. MARTIN: Member Cassis? 21 MEMBER CASSIS: Yes. 22 MS. MARTIN: Mr. Ghannam? 23 MEMBER GHANNAM: Yes. 24 MS. MARTIN: Member Ibe?
50 1 MEMBER IBE: Yes. 2 MS. MARTIN: Member Krieger? 3 MEMBER KRIEGER: Yes. 4 MS. MARTIN: Member Wrobel? 5 VICE-CHAIRPERSON WROBEL: Yes. 6 MS. MARTIN: Chairman Sanghvi? 7 CHAIRPERSON SANGHVI: Yes. Go ahead if 8 you want to move your sign. 9 MR. KOWSKE: Thank you guys so much. 10 Have a great holiday. 11 CHAIRPERSON SANGHVI: That is the end 12 of our scheduled cases. And now coming on 13 to other matters. Number one, I would like 14 to welcome the new city attorney here 15 tonight. Welcome aboard. 16 MS. KOLB: Thank you. 17 CHAIRPERSON SANGHVI: Number two, I am 18 very sad to see Mr. Bauer go. I have known 19 him for a long, long time, a long, long many 20 years ago. 21 MEMBER BAUER: Now you'll have to 22 work, all of you. 23 CHAIRPERSON SANGHVI: We appreciate 24 really your service to the community and the
51 1 city. And to me personally you have been a 2 great strength and a mentor and I want to 3 thank you for all your generosity over the 4 years. Thank you. 5 MEMBER BAUER: Well, this is a city 6 that I love so... 7 CHAIRPERSON SANGHVI: I am glad you 8 are going to be hanging around for a while 9 around here. 10 MEMBER BAUER: I hope so. 11 CHAIRPERSON SANGHVI: You are not 12 moving out I hope? 13 MEMBER BAUER: No. 14 CHAIRPERSON SANGHVI: Yes, Mr. Cassis? 15 MEMBER CASSIS: Thank you, Mr. 16 Chairman. 17 You really put it very capably and in very 18 good words and very good thoughts. I would 19 also like to put my own thoughts into this 20 since I have known Jerry and his lovely 21 wife -- 22 MEMBER BAUER: A few years. 23 MEMBER CASSIS: For a few years. 24 Tonight, Jerry, we salute you and give you
52 1 and your wife, Carol, our gratitude for your 2 long service. My wife and I also thank you 3 for your service. You have been Nancy's 4 political companion for a long time. 5 We all hitched our wagons and headed 6 west to the promised land. Each at a 7 different time of the history of this town, 8 our beloved Novi. I took the road in 1975. 9 You preceded me, and I understand you were 10 here in 1971. You got involved directly in 11 the community from day one and, oh, what a 12 journey that has been to you and to your 13 wife. 14 The late Martin Luther King once said, 15 "Longevity is not that important. It's the 16 value of life." And so it was your 33 years 17 of service. You served with dignity, with 18 grace and wisdom. And you have been a 19 mentor to all of us, as our Chairman has so 20 ably said. And this city is the best for 21 it. 22 We thank you for all your service and 23 contributions to our community. Thank you, 24 Jerry.
53 1 MEMBER BAUER: Thank you very much. 2 CHAIRPERSON SANGHVI: Thank you. 3 MEMBER BAUER: If you run into 4 problems just give me a call. 5 MEMBER CASSIS: And I do run into 6 problems. 7 VICE-CHAIRPERSON WROBEL: In a time 8 where the City has trouble filling positions 9 on commissions and boards, people just don't 10 want to become involved in their city even 11 though it's their home, it's amazing that 12 you spent over 33 years helping the City and 13 it's quite commendable. People like you are 14 what makes Novi what it is, a good place to 15 live. And on behalf of the citizens and 16 everyone in Novi I would like to thank you 17 for all your 33 years. And hopefully you 18 can continue to serve the City in maybe some 19 other means. 20 CHAIRPERSON SANGHVI: Yes, Mr. 21 Ghannam? 22 MEMBER GHANNAM: Thank you, Mr. Chair. 23 Again, I'm not going to follow my colleague 24 in terms of the length, but I would like to
54 1 congratulate you on your service to the 2 City, and good luck to you afterwards. 3 CHAIRPERSON SANGHVI: Yes, Mr. 4 Boulard? 5 MR. BOULARD: I just wanted to assure 6 you that based on what I saw on Friday 7 night, Mr. Bauer he was at Ringing in the 8 Holidays with the Citizens Emergency 9 Response Team directing folks here and 10 there. I especially also would like to 11 thank you, and it's been an honor. 12 CHAIRPERSON SANGHVI: Very good. 13 MEMBER BAUER: Thank you very much. 14 I'm on the Board for the Friends of Novi 15 Library and I want everybody to know that, I 16 guess, we're going to get into it a little 17 bit sooner than they had hoped. And I'm 18 also a member of CERT which we try to help 19 out the City a little bit and I enjoy it, 20 and so does Carol. So, thank you very much. 21 CHAIRPERSON SANGHVI: Thank you, 22 Jerry, we salute you. Thank you. 23 Now, because Jerry is going to leave 24 we are going to have a little minor problem
55 1 on hand and we need to fill the position for 2 the secretary for next month's meeting and 3 the following month's meeting too. And I 4 was going to suggest that we nominate one of 5 the members. Yes, Mr. Wrobel? 6 VICE-CHAIRPERSON WROBEL: Given that 7 we're going to need a temporary secretary 8 for several meetings I would like to 9 nominate Member Ghannam to fill that 10 position. 11 MEMBER CASSIS: Second. 12 CHAIRPERSON SANGHVI: Mr. Ghannam, is 13 it acceptable to you? 14 MEMBER GHANNAM: I would be happy to 15 accept. 16 CHAIRPERSON SANGHVI: Thank you. Well, 17 Mr. Ghannam has been -- do I see any other 18 nomination? Seeing none, I think you are 19 elected by proclamation, I guess. So, you 20 will be the secretary the coming two 21 meetings and then we'll have the regular 22 election in February. 23 MS. MARTIN: Should I call the 24 members' names just to have a voice vote on
56 1 that? 2 CHAIRPERSON SANGHVI: If you need to 3 have that. The motion has been made and 4 seconded to nominate Mr. Ghannam as the 5 temporary secretary. All those in favor 6 signify by saying aye? 7 BOARD MEMBERS: Aye. 8 CHAIRPERSON SANGHVI: All those 9 opposed same sign. We go through the 10 motions. If there is no further business to 11 come before the Board may I entertain a 12 motion to adjourn? 13 MEMBER BAUER: So moved. 14 MEMBER IBE: Seconded. 15 CHAIRPERSON SANGHVI: Motion has been 16 made to adjourn. All those in favor signify 17 by saying aye? 18 BOARD MEMBERS: Aye. 19 MEMBER BAUER: A Merry Christmas and a 20 Happy New Year to all. 21 CHAIRPERSON SANGHVI: And thank you 22 again, Jerry, for all your service. The 23 meeting is adjourned. 24
57 1 (The meeting was adjourned at 2 7:52 p.m.) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
58 1 C E R T I F I C A T E 2 3 4 5 I, Mona L. Talton, do hereby certify 6 that I have recorded stenographically the 7 proceedings had and testimony taken in the 8 above-entitled matter at the time and place 9 hereinbefore set forth, and I do further 10 certify that the foregoing transcript, 11 consisting of (48) typewritten pages, is a 12 true and correct transcript of my said 13 stenographic notes. 14 15 16 17 18 19 _____________________________ 20 Mona L. Talton, 21 Certified Shorthand Reporter 22 23 24 December 29, 2009
|