1.11.2023 Planning Board

okay this is the meeting of the flower for planting board it's Wednesday January 11 2023 it's 5 30 pm and pursuant to the open meeting law any person may make an audio or video recording of this public meeting or may transmit the meeting through any media attendees are there for advice that such recordings or Transmissions are being made with a procedure and perceived by those present and our deemed

acknowledged and permissible the city chart is section 9 that's 18 mandates that all multiple member bodies develop and adapt rules or policy for public comment we have adopted such a policy which ensure provides the citizen input on planning board specific matters at the end of the meeting the sign up sheet at the back of the room impressive today we have Elizabeth Andre how's it Mario luciola yeah

John Ferreira yeah Gloria Pacheco yeah I'm Cynthia savigne we also have Dan aggia the city planner and Nina Kruger the recording Clerk and from photo of a government TV we have Craig Salvador okay item number one we have old business now we have the roadway reconstruction of Wood Street section 66-185 city ordinance and it's considering the roadway construction plan and profile of the Wood Street exit

Madam chairman board members if you remember at the last meeting we had um received a revised plan at the hour before the meeting right so we have reviewed that plan both my office as well as the Department of Community utilities and have sent back a comment letter requesting some additional changes to be made so I would recommend that the matter be tabled until those new revised plans are submitted and reviewed

make a motion that we table the roadway construction Wood Street reconstruction hi hi an old business item number two is the receipt of a correspondence it's going to review and discuss the nomination and acceptance of S Voice and Sons block for the national register of historic places by the Massachusetts historical Commission so if you remember at the last meeting we had just really the cover sheet of

what this notification was so uh Chris Morano working in the planning department was able to dig through and and get a more lengthy full submission of what the uh of what the petition was and yes as anticipated this was for the Ben Nathan building at the corner of Troy and Pleasant Street and since our last meeting actually I think just today we did receive the letter that that the site actually was

accepted and and placed on uh in the historic register so just a matter of that's good placing it on fire okay do we have a motion to place this item on file second a second favorite all right and the third old business is receipt of Correspondence and we're going to review and discuss the nomination of Third Street commercial Corridor historic district for the national register of

historic places by the Massachusetts historical Commission so similarly as as the previous one um after the last meeting Chris perano was able to do some additional research and put together the full package of what was submitted and it actually covers the location of 18 to 48 3rd Street which would be the um garment workers building as well as the building north of it so that's going

through the process as well of going through the national register of historic places has not been completed yet so there will be a the full package on file if anybody wants to come and take a look at it there's some actually some very interesting older photographs and and everything else I don't know if there were four four ones in your package but they will be on file at the planning office if you don't have them

in your package

I mean commotion we accept the correspondence put on file yes second I'll check it okay hi and we're on to new business before you move on um in correlation with items 0203 we do have a letter from the preservation Society of Fall River that you would probably like to read into the record no this one's I will from the preservation Society of Florida the letter is dated January 11 2023

members of the planning board the preservation Society of Fall River wholeheartedly supports adopt a new historic districts and recognize in significant Prof properties in Fall River new nominations within the city to the National register of historic places are key to the city's future because they promote the value of Fall River as a historic community and Fall River is indeed a historic community

across the county cities and towns are promoting historic preservation at the Catalyst foot Urban Redevelopment kick starting their local economies by promoting Heritage tourism and increased skill labor demand despite Decades of property neglect Demolition and Reckless alterations a great deal of fall River's historic architecture still exists in its ripe for sensitive restoration

recognized in these local landmarks and neighborhoods is a first step in preserving foreign culture and history for residents tourists and future generations to come science sincerely the preservation Society of Fall River Incorporated the board of directors

motion to receive and place this on file make a motion to place on file all in favor all right okay anything else before we move on nope nope okay so we'll go with new business which is form a application for endorsement of plan beliefs not to require approval that's file number 22-1545 the owner applicant is Daniel could tell senior and Daniel Quintel Jr and the property location is 13 11 and 1313

South Main Street assess this map g-24-0003 so board members if I could this petition was before the zoning board of appeals and received zoning relief that note is on the on the plan over in the title box section so the a r plan has been submitted in accordance with the provisions of that zoning variance the um right now there is a singular building on the lot that they're going to be separating the building and

removing a portion of it and a new lot Line running down the Gap in between the two so the uh the notes appropriate notes are on the plan that the area is to be removed in between the two buildings So the plan is afforded an endorsement as an anr if I have a motion emotionally accept the client as approved check it all in favor hi I didn't have a picture application for Injustice 23-1546

own applique Gerard Santos and Lisa Florence Glory Santos the property locations 371 Sherman Street and the ascensus mass is l-17-0095 similarly to the last item the owner and applicant received zoning relief from the zoning board of appeals this plan follows through with the anr portion of that so the Lots do not have the requisite area in Frontage However the fact that that zoning relief that was

granted and is referenced on this plan affords an a r endorsements do I have a motion I'll make a motion we approve the Ani's presenter second all in favor hi another tree application for endorsement of plan believe not to require approval and it's file number 23-1547.

the owner applicant is mount a home condominium Trust the property location is 919 Bay Street in the assess this map number h- 18-0011 again as the previous two the owner applicant Mount Hope condominium trust received zoning relief from the zoning board of appeals that note was referenced on the plan and this is an a r plan cutting out three single family lots in accordance with the balance and

this plan is afforded endorsement

I'll make a motion to indus second all right item number four another application for adjustment plan I believe not to require approval is file number 23 1548 owner applicant is Walter cabrer property location the 17 Colfax Street assess this map m-07-0017 again the applicant and owner Walter Cabral will be resider of the two family dwelling and the commercial business that operates

from that corner but before the zoning board appeals and was granted relief in order to subdivide this parcel the way it is being proposed to you now the variance recording information is on the plan the plan is afforded an endorsement of an anr so as you know as you look at all of these and I've I've tried to explain this in the past but we'll go through it again in case anybody doesn't

understand it from the audience office on TV when the plan gets to you at this point um you may not agree with how the land is being subdivided with setbacks and areas and frontages However the fact that the relief was granted by the zoning board of appeals you are just basically signing that his plan was prepared in accordance with their decision and for the purpose of technically subdividing it that's why it

has to come through you so although you may look at some of these and not agree with how it's being done it's really just a formality to come through this process and get your signature form any comment do I have a motion I make emotionally accept the playmaster add a second a second all in favor um and we have item number number five again an application for endorsement plan believe me round number 23 1549

own applicant is Jeffrey Medeiros property locations 132 and 138 to 140 Center Street assess this map G jazz 15-0017. so a little bit different than than the previous anrs that that are before you this is an a r that falls into section 81l which all the appropriate notes if you look on the right hand side is there are lengthy notes regarding this section 81l of chapter 41 of the Massachusetts General law allows the

division of land where you have two existing structures that were in place prior to 1954 which is when subdivision control law came into effect in the city of Fall River this is a little bit of an odd situation so I'll I'll talk you through it there was an existing a multi-family dwelling that is located right along Fenner Street behind it another multi-family dwelling number 132 and then a garage

behind that so the fact that these two buildings were constructed in the early 1900s or even prior to that it is afforded in a r endorsement on this plan there were a couple of items that I would have liked to have had revised however um you you have the ability to endorse it as is you're only looking at the sections of 81l that provide for your endorsement questions that I had were with regards to

the surveyor is defining an easement if you look in the top left hand corner of the plan defining an easement with bearings and distances where if you read through the D language this easement has not been defined so I I think they are presenting something that is in conflict with what the the deed language States if the D language stated there was an easement of a certain width depth with dimensions then

you could show that so down the road I think there's going to be some type of a title issue or a question when people start figuring out who has rights to and crossing over however that is not before you but I did want to at least let the owner know that somewhere down the road a title attorney a neighbor somewhere someone is going to question that and then also the addition of creating

what appears to be a new easement um on Lot number one for the benefit of Lot number two um all of the dimensions and bearings for that easement and the area of such haven't been provided as well but again that's that that's not for your consideration this is strictly an a r on the section 811 of the two structures in existence pride in 1954.

and as you know um if you decide not to endorse um what any of these anrs after 21 days the the owner applicant can can go to the Cliff's office and just get a certificate of the 21 days being lapsed with no action taken which basically does exactly what you would be doing now just not belaboring it to 21 days so the result was going to be the same whether

you sign it now or don't sign it any comments I need to kill myself we'll just go before John no no it doesn't have to what what happens is absolutely so statistically you get an understanding there is we have a provision that allows you to get a special permit to subdivide a lot where two homes have been you see a lot of those yeah uh prior to 1954. and the reason you go through that process is

because you're you're preserving a zoning determination so right now no zoning determination has been made to these and that carries a little bit of a different weight moving forward on title so the appropriate method is to go through the special permit process that we afford people but by no means are they required to do that so what what this has done is when we go to the special permit process

the zoning board of appeals normally puts conditions on the property like separating the utilities is one of them that that's a big thing here for instance these two buildings the sewer line and the water line from the back house run through the front house now there are notes on here regarding the ability to repair all those things but when the properties get sold not always an easy thing to do and you

want to go in your neighbor's house in front of you and you tell them you have a clog I'm coming in to fix it so legally is one thing and this meets all the requirements logistically down the road this this creates headaches but by all means it is afforded an a r endorsement okay um board members do I have a vote all right a second do you need a motion oh becton I will second it okay

um in favor yes yes all right thank you is that unanimous no well it's your state no I know yeah but there's still four members left yeah yeah at the Florida Festival did vote Yes and uh one as abstained no problem okay and we are all done with applications we have green in the Gateway cities implementing a grant it's request to review and improve the tree division planting plan for 2023 Greening the Gateway cities

implementation Grant application good evening uh few of my roles is tree Warden I'm Chris perrito I'm the city tree Warden we have the ability to apply for a green in the Gateway implementation Grant open to the 26 Gateway cities in Massachusetts it allows us to apply for funding of up to one hundred thousand dollars to do tree planting allows us to purchase the trees purchase equipment and do

community outreach we're currently funded at 99 125 for this fiscal year to do some tree planting that was before this board probably this time last year to seek your approval for that for the fy24 grant funding round the tree division is proposing three different planting locations Kennedy Park Lafayette Park and North burial ground so the funding is targeting areas that are both environmental justice

neighborhoods and urban heat island neighborhoods affected by Urban heat island the three of these locations the two parks at the cemetery are in environmental justice neighborhoods as is much of the city so it fits in line with both the tree divisions planting overall planting plan as well as the Commonwealth's desire to plant in those locations and Chris and I have talked about this

at like you know the department as a whole holy support you know all of the Endeavors uh from the tree from the tree Warden and and uh and what he does in the city so my opinion is that it's uh what members any comment I think you're doing a good job okay you want to hear that comment sometimes it's more important taking down the batteries than it is putting in the new one so

they spend a lot of time doing that as well it makes motion to approve okay and do I have a second thank you good luck yes she beat me to it beat you okay and item number seven we have a correspondence we're going to review and discuss notification of activity and use limitation submittal submitted to the Mass Department of Environmental Protection by riverhawk environment for the property located at

288 Plymouth Avenue so board members you may be familiar with the property you'll see in the package that you have it is located at the very bottom of Plymouth Avenue on the eastbound ramp to Route 195 currently under construction as a storage facility it's where the batting cages used to be power one or part three or whatever it was back in the day the Laser Gate the Laser Gate Trader jams

Carter's clothing so it's that Mill structure and as part of their endeavoring the improvements of the project there is environmental due diligence that that the company needs to go through and in doing so they've determined that the site is not suitable for certain types of activities so what happens is that Environmental Group which was riverhawk environmental in this situation they file with the

Department of Environmental Protection this exact form and basically what it does is it places a restriction on the piece of land telling them what the activity and use can be on that property no residential uses so it's it's they determine a level of contamination and a level of what exposure can be and they determine with dep what's allowed to happen there so it's usually retail facilities

parking facilities usually not residential so this this would not be a mill that that could be renovated without great environmental cleanup for for residential purposes especially school-based children so any type of activity a daycare center things like that when you read through the documentation there are limiting factors of uh of what can happen and then this once it's entirely approved this gets

recorded at the registry of deeds and it runs along with the piece of land for for eternity that's all is this already recorded I believe this is already recorded and approved because if you look at the very first page um you'll see the the recording information from the registry so we just need to put it on file yeah yeah and make a motion to be accept and put on file do I have a certain

one second all in favor all right

hi and now we have oh we have election of offices Lord members make a motion that jump for our become chair better than that all in favor hi congratulations we all know what may come along with that yeah well I know does anybody want to make a nomination for a vice chair yeah did everybody vote yet yes yes so that's that I make a motion for Gloria to be Vice chair you knew it with the smile

all in favor aye aye congratulations to uh two new I would just I think I I just like I know this is Cindy's last meeting as chair as chair correct oh yeah okay yeah so I just know that was the case I thought that was no I thought that was changed nobody alerted me to that interesting I was going to call you too but I just want to thank you I wish I

would have known because I would have brought flowers or something now I feel I was waiting for onion soup give me flowers the last time no promise for you I just want to thank Cindy Fowler hard work and a dedication to the planning board and the professionalism and uh and to thank the board members for nominating me I just can I just hope I can uh I could be as uh as precise as

uh as Cindy was on his professional oh that's sweet thank you very much my second job thank you very much okay and we have one more item although now that I'm not chair I guess you should know all right next meeting okay one more item we have the approval of the minutes of December 14th 2022. I make a motion that we approve Mario was absent that day yes uh do I have a second

a second motion all in favor all right and now I need a motion to adjourn emotions input I see a gentleman here oh okay all right so before we leave may I choose Cindy yes yes I've been a long walk for a bit but we're going to miss you oh thank you absolutely we should too you know all of us you have been really been nothing but pleasure to work with and I know that

you to follow of your position is in good hand John congratulations yes yes and so we're adjourning yes I make a motion to adjourn a second oh you second I'll set so now