Yeah, we good. Everybody good? Uh, good evening, ladies and gentlemen, and welcome to this evening's, uh, Davis Zoning Board of Appeals. We are now in session. I'd ask you to um silence any uh telephones or put them on vibrate so
we are not disturbed. It looks like I see Ken joining us online. Um uh I will start off by uh introducing our board members. Down to my right is Karine Dory. Our clerk tonight is Ken Scholes. Uh myself, John Ber as the
chairman. Uh joining us I believe remotely will be Ken Jarvin. Uh down to my left is Chris Dembowski and our alternate tonight is Kevin Bur down the end there. Uh from our planning uh department, our planning director is
Mr. Brian S. Kelly. Uh folks, uh we'll have the clerk read your case or read the one case we have tonight. And uh when that case is read, if you could just go to the podium uh announce uh uh you can hold up. Not not just yet. um uh
announce who you are and why you're here and uh what it is you'd like to do. Um and uh from there we'll direct you. Uh board members, we are in receipt of both minutes from uh March 9th and April
13th. And Brian, I will comment that I I have read them. It seems like the format is pretty good. Uh was it the summary version and then a full version? Um, if there's any other comment on the minutes, if none, I'll entertain a motion to accept them.
>> So moved. Could I get a second? >> Second. >> All in favor? >> I >> I All right, Ken, we got you. Um, okay. Um, Mr. Clerk, we have a letter for a continuence on one of our cases tonight. If we could read that in, please.
>> Actually, sorry, read the motion first. >> Read this in. Um the first case is 154 and 170 Water Street. Um request for a modification of the special permit uh that was dock at 23-5012 submitted by New England Home for the
Deaf/Wind Development Company for properties at 154 and 170 Water Street. Um uh respectfully replace special permit condition number five. The second preference shall be given to Danver's
residents in perpetuity with condition five. Second preference shall be given to Danver's residents during the initial lease up period during the HLC approval in conformance with the fair housing guidelines and regulations docket
23-5012. Mr. Chair, we are in receipt of a letter from McCann and McCann. Uh, on behalf of the applicant, New England Home for the Deaf/Wind Development Company, I hereby request a continuence without discussion of the hearing on the application for a
modification of condition 5 of the special permit docket 23-5012 to the board's meeting on June 8th, 2026. Signed, Nancy McCann. >> Okay. Uh, board members, uh, I have, uh, a motion for a continuence. Could I get
a second? Second. All in favor? >> Wait. >> Sorry. >> Um because we have someone on remote. I didn't realize that, but you have to do a roll call. You have to do a roll call. >> Yeah. Uh for the one person on remote or for all just >> all of us. You have to do it for all of us. >> I know it doesn't make sense, but it
she's correct. >> Uh all right. Uh Ken Jarvin, could I uh get your vote, please, >> on this motion? >> Yeah, I approve. >> Yes. Karine Dy, >> yes. Uh Ken Scholes, >> yes. >> And uh Chris Dumbowski,
>> yes. >> And John Ber is also a yes. Okay, the motion passes. We will continue this till uh June 8th. Thank you. Uh go right ahead, Mr. Clerk. >> Thank you, Mr. Chair. Our next case is
100 Independence Way. This is zone C3, uh commercial 3. uh request for a variance under section 37.3 for proposed signage that will be larger in aggregate than allowed by right at 249 square ft where 234 square ft is
allowed. The request is made by sign design incit 26-5135. >> Hi, good evening. >> Good evening Mr. Chair, board members. My name is Marie Mercier. I'm here with Sign Design representing my clients um
Ross Ross for less which is a clothing store that's going in um on 100 Independence Way. So they're looking I know we're over the um square footage that is allowed. Ross Dress for Less is kind of a larger
sign because there's so many letters on it. So they're looking to put that onto the building on the front right over the doorway. And then they have a little blade sign that's going in to the right of the main entrance of the doorway and two little Ross plaques. I
mean, the building is a little large, so that's what they're looking. And unfortunately, you know, we're just a little bit over the square footage that is allotted. So, we're looking to have um permission to hang the signage up on this store.
>> Okay. Uh is is that kind of uh all you have to present? >> I guess. Yes. >> And so uh just give me uh I we got a sign package here in front of us, but >> yes. >> So it's three separate signs. Uh if if we were to draw a box around where it says Ross,
dress for less being one sign and then >> Exactly. That's two of these small Ross sign. >> So then they have two small Ross signs. I don't know. Okay. There's one right there that's on the board >> um to the right. It's a small little plaque that just says Ross in blue. It's
like 2 feet by one ft. It is an oval sign. Um there's actually two of those. There's one on the other side of the building. Um if you go around the corner where Ross is, there is a net. >> Okay. >> On the on the second page, there's
another one. If you go around the corner is this other one by two. >> So this would be on the uh street side versus the parking lot side. Is this an end store? >> Uh, no, but there's a um there is an end
to it. It's not at the edge >> in between these two. >> I can go back up. >> Okay. Well, I'll I'll hold my questions uh until it's my turn and I will uh if you don't have anything else to present, I will turn it over and we'll ask some questions.
>> All right. Uh Karine, >> um first of all, >> um may I ask Mr. Zakelli a question? >> Yeah, sure. I >> I noticed that these are condo units. Is it just the the um storefronts that are out in front, you know, so like Nordstrom Rack and those stores? Is that
part of like what's considered the condominium? >> Correct. So this is it's um if you were look here, I I'll blow this up a little bit. So the way that um and then we're basically in a shopping center style, meaning when there is a shopping center
like this, we use the frontage of the building to kind of to calculate how muchh signage they can have. >> So you can see here these these condos are Kohl's, Nordstrom Rack, Ross, Mainly Tubs. This is the old This is the old
location of Off Broadway Shoes. That's what that's the location that we're talking about. >> Yep. Um, and you can um, and you're talking about the corner. It's not on a corner. It's just that there's kind of like a vestibule type of thing. I know it's you can't really So,
so that's why there's that essentially the corner right there. >> So, there's a little jog in the frontage. >> Exactly. So, just where the entrance is. So, that there's like a small little branding of But again, one by two feet. >> Okay. And then they're also going to
have signage on um the big sign out front. >> Yeah. They're just replacing one of the panels >> on the front in the front that just says Ross for the same size. That's what >> No, I know. That's why I was >> So we So that's the same size as They're not asking for any The reason why it's
not in the relief is that they're not they don't need permission size. >> Okay, that's all I have. Thank you. >> Thank you, Ken Scholes. >> Thank you, Mr. Chair. Um what's the square footage of the Ross building? All the other ones have a square footage, but Ross does not. Um,
>> you mean the interior? >> Yeah. >> Oh, I don't even know that. >> About what? Mainly tubs is around that. >> Maybe a little bigger. >> In between 30,000 maybe. >> Not. It's not that big. >> I bet you it's 30 to 30. 30 to 35.
>> Okay. Um, >> yeah. >> So, the one sign and the two blades >> 30. We'll go 30 >> out front. I don't have any other questions. Thank you. >> Thank you. So, I'll go online to you, Ken Jaron. >> Um, are these signs going to be
illuminated? >> Uh, the only one that will be lit will be the Ross dress. >> All right. And is that going to be within our illumination guidelines with the amount of foot candles? I assume.
>> Oh, definitely. >> Okay. What What time are they going to go go off? >> Um, we usually follow most towns. I just follow the rules of most towns. I'm sure this will go off when the store closes. I mean, it is a shopping center. >> I believe our bylaw is one hour after
close. >> 1 hour after closing, >> then that's fine. That's what I usually will tell my client that they have to behide um or by obey, you know, the rules of what you're you're looking for. >> Y All right, sounds good. Thank you.
>> Thanks, Ken. Uh Chris, no questions. Thank you. Uh Kevin, >> nothing. Thank you. >> Um I think my question's been answered. I was trying to understand where the small the two small signs are. I I don't really see the purpose of the second
one, but um I guess they're insignificant enough. Um so I I really don't have anything from there. Um, I'll go out to the public and uh if anyone would like to ask a question regarding Ross
Dress for Less at 100 Independence Way. Yes, sir. Head up to the podium, please. >> Bill Brad Street town meeting member, precinct one. I know this is a zoning board of appeals. >> It is.
Yes, it is. Uh this is a small allowance. Does this set any kind of precedent that when someone returns here and said, "Well, you gave them 15 ft. We're only looking for 17 ft and then
the next time the 17 ft is now 20 ft or now 25 ft." >> Yeah. No, it does not because we look at each case individually. So, we will never reference another case. Some cases will refer to one, but our our voting's
based on what's presented before us. >> Glad to hear it. Thank you. >> You got it. Thank you. Any other questions from the public? Hearing none, I'll come back to the board and we can uh deliberate and I will start there with you, Karine. >> Um I don't have any issues with this
request. I would vote yes. >> Okay. Uh, and uh, Ken, >> I will vote for this. >> And, uh, Ken online, >> I'll vote for this as well. >> And, uh, Chris, >> I will vote for this. >> And I, too, will vote for this. But now,
are you saying, Brian, I still need to take a roll call? >> Yes. >> Vote. >> Anyot one person remote, then every vote has to be taken as a roll call. >> All right. Uh, can we get a motion, please? Um, I will make a motion to grant a variance issued under section 37
to allow for the installation of a new wall signage that will be larger than allowed by right at 249 square ft where 24 square ft is allowed by right in that the condition does not affect other properties or structures in the same
zoning district. The literal enforcement of the zoning bylaw would involve substantial hardship to the applicant. Granting this variance waiver will not create a substantial detriment to the public good and will not nullify or dergate from the intent and purpose of
the zoning bylaw. >> I'll second. >> I've got a motion and second. If there is no further discussion, I will take a roll call vote and I will start there with you, Karine. >> Um, I vote yes. >> And Ken Scholes, >> yes. Ken Jarin,
>> yes. >> And Chris Dumbowski, >> yes. >> And John Bounter, chair, is also a yes. Uh, the motion passes. >> Very good. Thank you. >> Thank you so much. Have a great evening. >> I think this is looking like a 14minute meeting, Brian. Unless you have anything
else, I will uh ask for an adjournment. >> Uh, I got I got nothing other than town town meetings coming up a week from tonight um May 18th. >> Good luck. >> Y nothing for me this time. So, um, it's great. >> All right. >> Motion to adjurnn.
>> Motion to adjurnn. I got a second by somebody. >> Second. >> Do I get a roll call this one, too? >> You do. >> Karine, are you good with this? >> I am good with that. >> That's Ken. >> Yes. >> Uh, Ken online. >> I I am good with it. >> And Chris? >> Yes. >> And John Bound? Yes. Good night,
everybody. >> Good night. Tonight.