1.18.2024 Zoning Board of Appeals

good evening I am Joseph Pereira chairman of the board of the zoning board of appeals for the city of Fall River it is 6: p.m. on Thursday January 18th 2024 we are meeting at one government center in the first floor meeting room pursuant to Mass General Law chapter 30A section 20 subsection F I hereby notify all persons in attendance that this meeting is being recorded with both video and audio devices by Mr Craig

Salvador of Fall River government TV uh he'll be recording both video and audio versions if anyone here desires to make an audio video or combination recording thereof please notify me now and I shall make a public announcement of your intention there's seeing none our recording secretary this evening is Miss Nina Krueger sitting to my immediate right present this evening our permanent members John Frank who is

our vice chairman James Caulkins uh our clerk Dan duper and Ricky Sahar also with us this evening is Mr Dan a agar sitting to my far uh left he is the director of engineering and planning and our assistant planner sitting to my far right uh Mr Chris pereno Nina have all the petitions to be considered been properly advertised IED and all interested parties notified in accordance with the rules and

regulations of the zba and Mass General Law chapter 4A as amended yes I thereby declare the January 18th 2024 regularly scheduled meeting of the zoning board of appeals of the city of Fall River open for such business as shall regularly come before it I remind all persons presenting before the board including petitioners abutters anyone in support report or anyone opposed to the petition

that your presentation should be limited to 3 minutes can we have quiet in the room please questions and responses must be directed through the chair the board's rules and regulations direct the board to specifically look for information which supports the petitioner's claim as such the petitioner should identify and factually support the basis for the petition I hereby advise the petitioners and all

interested person persons that this is the zoning board of appeals the board's Authority exists personent to Mass General Law chapter 4A and is limited in scope and deals with the use of land regulated by chapter 86 of the ordinances of the city of Fall River additional permits licenses reviews and or approvals may be required for the specific development and or use which is the subject of the petition before the

zone Zing board this evening the clerks in the building planning engineering and Licensing departments are competent in the discharge of their duties as clerks they are however not lawyers and not competent to give legal advice the action taken by this board has a real and Lasting effect upon the title to your real estate I urge all petitioners to seek competent legal counsel before filing your petition and after the

decision of theard board has been made for example there was a city ordinance 2015-11 section 10-1 requiring site plan review a copy of the ordinance is available in the city clerk's office or from the planning department I remind everyone that the building inspector is the zoning enforcement Authority and you are here this evening because the building inspector has determined that

your proposed action is contrary to the city of fall River's zoning ordinance the city Charter section 9-18 mandates that all multi-member boards develop and adopt rules or policies for public comment we have adopted such a policy which in short provides for citizen input on zoning board specific matters at the end of the meeting if you wish to participate in public input there's a

signup sheet on the table outside the back door or the main entrance I disclose that an official copy of the Fall River zoning ordinance is available at the city clerk's office uh and one cannot rely on the online zoning ordinance we are thereby open we have one matter of old business that come before us item number 01 nnc rental properties Corporation care of Attorney Peter acelino 102 Pine

Street map n10 Lot 21 the app seeks an after Thea special permit to construct four unit apartment building the applicant seeks another special permit to reduce the parking requirements the property is located in an M multifamily zoning District uh and an aod Arts overlay District uh this was tabled from our December 21st meeting before we begin Council I have two pieces of um information or two pieces of

Correspondence to read into the record um as we left this last month um your your client had indicated that there was there were two building permits that were issued um one uh for the three unit building that was approved by this board and reviewed by site plan review and a second building permit for a 4unit building which was ultimately built you did not have that permit your client didn't have that permit we found

that permit it exists um as such I drafted a letter to Mr Glenn Hathaway on January 4th dear Glenn I need your help regarding a recent application for the property at 102 Pine Street owned by innc rental properties uh Corporation this is an after theact application for a special permit to construct four a 4unit apartment building as you are aware this building has already been constructed as a 4unit building the

owner is seeking this after the fact approval because the application previously received zoning board relief and site plan review to construct a three unit building uh but built four instead this new mattera was opened at the zba's December 21st 2023 hearing and table to our January 18th hearing my understanding of the history of this site is that after receiving approval from zoning and site plan review the

owner applied for and received a building permit to construct a three-unit dwelling in Conformity with the aforementioned relief and review the owner states that they subsequently applied for a new building permit to construct a 4unit dwelling at the site and that your office issued the permit to construct without receiving additional required relief from the zba and from site plan review the planning

offic has shared a copy of this permit with me the zba is asking how we got to this point by next Friday January 13 2024 please provide me with a timeline of actions taken by inspectional Services regarding this issue I basically need the facts and your explanation of why how the permit was issued for the 4unit building without the required relief I would like to distribute your comments to the the

board prior to the meeting so we will have an understanding of how we arrived at the situation so we can make an informed decision on January 18th signed by me Joseph perir chairman of the board I received a letter and I had a phone call with Mr Hathaway who is the code enforcement officer for the uh for the city you saw me do that didn't you um received this letter today good afternoon Joe and

members of the zoning board the applicant was Grant and this is 102 Pine Street lot uh n 10 Lot 21 the applicant was granted uh zoner relief to construct the three uh three family building during the construction a permit was applied for to create a fourth unit which was granted to him by the building department granting a permit for the fourth unit was clearly an oversight by the building department

please keep in mind that the lot in question was a vacant lot with overgrow and trash cons uh constantly piling up with the board with the zoning board's original decision the owner revitalized this problem lot for the enhancement of the neighborhood the permit was granted by the building department uh as an error on our part with that said the permit for the additional fourth unit

was an error on our behalf research of the zoning regulations before granting the additional permit should have been done uh I would ask the board to consider relief needed it is as it is not the owner's fault I agree it's not the owner's fault um I think it kind of speaks for itself City made a mistake um our zoning enforcement officer made a mistake if you wish to restate your case

at this point for the relief you're seeking uh we can do so I don't know if I need to if you would like me to too I mean I think the facts are prettyy clear the record right so I'll rest on my prior argument and simply state that my uh position has not changed my clients did this with the permission of the city buying through the building permit which you asked us to produce and has been

produced and I respectfully request the board Grant the after Thea relief to maintain the fourth unit as it currently exists uh on the ground very good any questions from the board at this time either to the applicant or to myself to engineering I think it's it's clear make let the board know that again this is a request for a special permit um which is allowed in the Arts overlay District so

that's what you're moving under is by granting a special permit at the time of the initial application of three units um the applicant could have requested for at the time all they wanted was three so this is just another application like any other for a special permit in the Arts overlay District where you have the ability to to grant that permit where you determine that it is not substantially more detrimental um

to the neighborhood than a three-unit building okay thank you for that clarification that said with nothing from the board is there anyone here to speak on behalf uh in favor of the petition is there anyone in the public to speak in opposition to the petition they're hearing none I would accept an uh a u motion from the board Mr chairman I move that we find that the special permit will not P sub more

detrimental to the area and that it be granted okay as as presented as yes I have a second on that second from Dan any discussion on the motion they're hearing none John Frank yes Jim Caulkins yes Dan deir yes Ricky sahati yes chairman prair yes thank you let me just say this you you and your husband are not strangers to this board this is not the first time we've had something similar to

this this time was the city's mistake it was the zoning enforcement officer's mistake please let's not do this again okay please all right you guys are making some nice buildings you're making improvements to the city the rules aren't that difficult to get through let's play by the rules okay I don't Mist all right thank you very much you thank you wait is that just that just so that it's not

subst and we and that we that was the parking one too y first order of new business item number one Maria C Kirkman and Richard A Bailey um if you picked up a copy of the agenda we have a mistake in the attorney representing on this case is attorney Mark Levan the app uh this is on 68 Herman Street uh map U10 lot 230 the applicant seeks a variance to subdivide the lot into two

lots leaving an existing house on one lot and creating a separate 12,46 squ ft lot located on Corbett Street as per submitted plans the property is located in an S single family zoning District good evening good evening Mr Cher members of the board happy New Year uh for the record attorney Mark L L 138 Rock Street for Massachusetts I'm here presenting the applicants in their request to divide

their property on Herman with a pel to the back on Corbett Street where they desire to build a new single family home uh before I get into that I would like to present a petition uh that was Cate among the abutters to the property who are all in favor of this uh application uh let me uh first explain that this property is in an S District requires 12,000 Square ft my client has

just shy of 34,000 Square ft of land uh in fact had she had just a couple more thousand feet she could created three separate Lots so we're not asking you to wave any area but I will focus on the fact that the Massachusetts general laws chapter one uh 4A section 10 under variances allows you to provide an application and to permit a variance to be issued and I won't go through the whole thing but

circumstances related to the shape the structures on the property uh that involve a hardship Financial otherwise to the petitioner that is different than the other aples within the district area and can be granted without any substantial detriment to the public good uh or nullifying or derogating the bylaws that's out of the statute now what we have here is a property that is conforming in fact much more conforming

but if you look at the property you have an existing dwelling first off it's an odd shaped lot second off it's the largest lot in this District sometimes almost by three times my client desires to separate part of the property to build a house on Corbin Street they attempted to move wherever they could this land but if they had remove the house house to the other side of the lot and try to meet

the setback requirement on the back they would be encroaching on the Frontage uh so they elected to place this house in such a way that was met all the requirements of the zoning board that probably would have interfered or been objectable to a neighbor by keeping the front yard and side yard requirements in area but the only thing is a reard we there was no way to move well obviously have a a structure there

a single family home you're not going to take that down to make five extra feet so we are short on both properties the rear boundary line by 5T one in one corner of the new house and unfortunately the way the house is built on the other lot two portions of that house uh within five 20 ft you know 5T less than the required so we believe that you are not uh doing something that

substantially is detrimental to the neighborhood they've kept the new house in such a way that would meet all the requirements so that a neighbor would not have a problem or the city wouldn't have a problem with it being too close to the street for any type of viewing and everything they meet those zoning but to meet that zone the AER yard lot had to be edited to create this the front of

the house on Herman streets you see it has an odd shaped lot that fouls around Herman sheep street because it's just how Herman Street was built so you have the factors of an un unusual shape lot you have the factor that this is the largest lot in the area almost three times as large as anyone's or sometimes two times as large where there is some houses with large Lots but it conforms to everything but one

boundary line I believe that that is not substantially anything to affect the neighborhood would affect the zoning bylaws to Grant this and yes it would be a financial hardship to my client not to be able to utilize such a large piece of property where only she's asking for one house with a conforming area conforming Frontage conforming Sidelines it's just the realign boundary line thank you okay

well presented and far less than we usually asked for questions from the board at this point nothing comments from engineering no um the only thing I would add is that the proposed dwelling on Corbett and I don't think the existing dwelling I don't think the existing dwelling has any rear decks or anything like that no okay so just just know that relief being requested is a rear yard setback of 20

ft so that will mean any decks anything so if there is a deck to be built on that front house it'll have to be off the side of the house so you you would still be able to do it it just can't come off the back of the house it's 20 ft is 20 ft yeah they try to minimize as as much as they could to I don't want it coming through site plan review with a

15ot deck and a five rear yard and then we have to go through so I just want to make sure everybody I appreciate that and thank you again my client knew she was putting a smaller house but an adequate house on on a lot that she was only waving a rear light rear yach lot rear lot y lying on both properties by 5 feet and that's why there is no decks or anything because

that would obviously have baited closer in whether it's her living there or not in the future we didn't want to have anyone to be imposed on if they didn't elect to be the only other thing Joe would be that I just want to make note that there was not an error on Nina's behalf with regards to listing attorney attentus was listed on the application so he had asked if was correct yeah neita was correct I was

just asking I didn't say Nina was wrong never I'm not saying where the ER came from I'm just telling you it wasn't n no I was asked if I would uh attend this meeting yeah for CLI very defensive of the clerks in my office I love I love when we go to the bullpen that's always good um okay nothing from the board then is there anyone uh here to speak in favor of the petition anyone

here to speak in opposition all the neighbors have already signed on in uh in favor uh therefore I would turn to the board for your decision I'll make a motion to Grant uh with uh no further subdivision of the property second all right so our petition then or our motion then is to Grant what you've asked for don't come back and try to cut it up again so all right tear down the house to make it

work all right therefore if there is no comment on the petition uh on the petition Ricky sahadi yes Dan deer yes Jim ckins John Frank yes and chairman Prairie yes congratulations good luck with it all thank you gentlemen have a good night just for my own information do you know if they're going to go through lanor or you going to try taking it out of L it's just a horrible experience either way right

Nowa i' rather do six months month I know yeah we've already you did see I looked at this I think 10 or 15 years ago and that's re didn't go it back then all right moving ahead then item number two uh Jame Duff care of Attorney Peter a selino this is for 951 Slade Street and 106 dwell street map G 15 lot 35 the applicant seeks a special permit to convert a portion of the existing

structure into 15 residential units as well as a special permit for relief from parking requirements the property is located in an A2 apartment zoning District good evening for the record Peter solino on behalf of the owner applicant Jamie Duff who is with me to my immediate right uh Mr Duff's the owner of the property at 951 Slade Street the uh applicant in this petition has sought to convert the existing

non-conforming structure into 15 residential units I have in front of me on these boards architectural renderings and I'd also like to submit these as part of the record for the board we have smaller prints that the board could touch yep please the uh design and the proposal is that the 15 units would all be what I would consider pretty small units as you can see from the plans many

are in the range of 400 square ft uh the client is willing to uh proceed with an age restriction if that's a requirement here uh 55 and over his objective here is to create small Studio like Apartments uh that would be furnished and that he'd be offering for a lease to uh veteran and Elder Community um in terms of the waivers in the petition uh we have submitted a petition showing a

one to1 parking count which I think has become somewhat customary in the city uh We've also indicated in our uh filing that we need um a special permit for the uh lock coverage requirement um I would submit to the board that when analyzing the detriment here it's very important to understand what can be built by right as opposed to what is being petitioned for based on the square footage

calculations of Mr tolman's variance plan that's submitted my client could build nine apartments by right and as the board knows there would be no uh restriction on the number of bedrooms in those units so it's respectfully submitted to the board that if Mr Duff wanted to by right apply for a building permit for nine units that he would be able to do nine four or five bedroom units and that this uh building could be

occupied by some 50 or 60 people based on that kind of a calculation but rather we submit to you that the 15 units would be more appropriate more sensitive to the site and the neighborhood and that the occupants of the unit coupled with the size of the units would be an appropriate use of this land and would certainly not be more detrimental than what he could do by right I think it's

also important to highlight the prior history of the property as a daycare or school use which obviously would be zoning exempt which I would submit to the board is also a very dense use um in contrast to elderly people or veteran type housing um the building is there it's one level it's has Sprinklers and we think it's an appropriate use of the building uh to turn it into these 15

Studio style Apartments uh to benefit a portion of our community that's in need of a reasonable housing I think we can all agree that the price of housing in apartments in Fall River has skyrocketed and uh this size and this furnish style of apartment is not something that you regular come across in these type of projects um Mr Duff you like to add anything to the presentation yes uh when

I bought this building I had no inen doing units at first uh um committed to the veterans and on Pine Street make donations every year to the veterans I was there this Thanksgiving in Christmas and the way that I talked to the director there there's no no place for these guys to go dur in Immigration now I was approached by an immigration office to uh rent the rooms there's 16

rooms now that are in there um I I just didn't want to do that and be in my 60s I don't want to have deal with a lot of kids I had five of my own um so I thought I talked to him about it he come view the property they wanted to joint venture something with me but just that the finances ain't there for him so I figured I'd go ahead and do um

affordable housing would be cheap for them to live there finish them all finish them all new kitchens new bathrooms uh finish the whole place the bedroom the it's all big open Concepts laundry facilities and I thought it' be best and uh for the property it's a unique property because it's big and it's one level there's sprinkler systems in it right now there's a larm system in it there's ramps already in it in the

rear and the front of the building uh it was a school for many many years housed a lot of schools school children it was a one-way T I guess it was a two-way turn to a oneway to alleviate traffic area I was trying to make it so the the the units would be confined the parking would all be on barlay street I did it so you can pull in there's two curb Cuts

already there pull pull in pull out plenty of room in the middle to come and go um I thought it was a good fit I thought it was good for the the town I thought it was good for me I thought it was good for the veners and the elderly people right now it's tough to get apartments that are are less than the market value that you can get in one level sop right

in there all the hallways are already 51 Ines wide um set up pretty perfect for it uh school I had a complaints from the neighbors they didn't like the school they said there was a lot of traffic because the buses stop uh parent school there was never any off Street Park and PRI me buying a building for the school there's a playground areas in the front T is all around and

uh now it be confined to uh parking I put parking on there dumpster will be controlled by by me also um it's it's in my opinion it's a good fit but something the bo they were like I want to keep my neighbors happy I I think they rather have nothing there but um as a matter of right I could do nine units no problem but then I would make a Mah and then it

would all just be for a game the way I'm doing it right now it's it's a gain for everybody I believe I think it's the highest and best use for the property it's a nuke property it takes the whole corner from dwelly Street barley and uh slay Street comes in from that area and um that's really about it I can uh think of there's any questions weone happy to answer for anybody and it will be

handicap Apartments also and it will be handicap accessible coming in okay so the intention at this point so I'm clear they'll all be handicap accessible yep yeah right now and you would be open if we said 55 and up okay yes he's agreeing to accept that condition what I want I want Veterans Preference first U I talk the marck down at P Street already director out there and there's a very there's a big big

need for it right now a lot of people just want it'll be central heat central air everything will be included um there's really nothing they got to bring but what's in their back there'll be uh there's going to be no ovens in the place there's going to be to to ovens ovens for safety reasons a lot of them have problems with that there'd be a burner four burner two burner for for

cooking cooking things there'll be 30in refrigerators there'll be 36 in VES there'll be showers St St showers handicap one big handicap in the back of the building um as the drwing show uh there'd be nothing somebody would have to do that in a diet need and uh he stated me there a diet is need for it right now we're veterans and elderly elderly just don't want to live in highrises and it park right across the

street public park no by to town good place to come and go most of these people don't even have cars from what I've been uh told by the director there that most of them don't even have vehicles and there transportation out there the market ain't far shops Market ain't far from there it's actually a good little fit for them right now and now we're hoping to get a veterans van

so they can go there and get picked up if they have to go to pin stre or anywhere else to get free food I had a lot of that that place touch when I first bought it for one main reason when I was a child leing in Maple Garden we went over to that place we got donated food in that place and so call what you want I call was a calling I thought it

was a good spot for me to buy um I thought it was a need for but that's what it was it was a creamy prior it was a candle workplace I heard at one time it was a dayare for many many years this will cut down the traffic big time if it's uh if it's Studio Palms I try to keep so they're small they're 3 to 400 s foot units uh there's no more than

there'll be one or two people could live there I guess it's a lot of them set up for One units if I make even nine unit and now not then you can make them real big um there there'll be a minimum probably four five people six people per per apartment they talking 50 people compared to 15 or whatever it would definitely cut down a traffic I don't think you're going to have a lot of

traffic but people uh 55 and older okay thank you Mr Mr Mr chairman yeah just as a point of clarification um it seems to me that what you're asking uh perhaps the two items could be diametrically opposed to each other other you're asking for over 55 and you're asking for veteran preference which at some point those two things can Clash with each other well I think right now there's a need for veterans that are

no no but what I'm asking is just this clarification if you have a veteran in his 40s correct apply for the position now do you want preference to that veteran or do you want over 55 I want I want to have preference to a veteran all right so you're not asking for strictly over no I'm asking the board whatever they you guys tell me you want to do I'll do it but that's my that's my main

reason I did this for was for veterans I'm saying 55 and0 I just said it because it's like it seems like that's the magic gauge of uh people when they if they're not the same but you understand what I'm saying there could come a point where you know you want Veterans Preference but the veteran could be under 55 correct I agree with you so in that case I'm still not clear

what are we asking for we're asking for 15 Studio units and if the board wants to impose an age restriction on its approval he will accept that but it is not his first preference okay all right thanks thank you and we could yeah we could do a combination of the two right okay veteran status are over any other questions from the board just I don't know if anyone can answer this but with with with the

demand for the Immigrant housing right now that so many places are being taken over by the state for occupancy would that if we put a restriction on would would the state be able to override and still require occupancy that's an Allan Rumsey question Mr cin yeah I I I would say no because a zoning issue this isn't a hotel now hotels are allowed by right in this District yeah so if you would want

to convert it to a hotel then all bets might be off so there are a number of uses in the A2 District like a boarding house for instance or a lodging house that are allowed uses in the A2 right that I think would clearly be more detrimental than you know single unit uh units the way that they're being proposed this is a a fairly unique building to find in this A2 District

that is surrounded by a number of multif family dwellings some of the density as low as one unit per less than a th000 square feet think like 933 sare F feet per unit is probably the most dense there's some pretty small lots that that don't provide parking either so um I think with the restrictions two restrictions I I would think the board should contemplate the over 55 and Veterans you would need to qualify for

one of the two of those and the the proposed parking at a rate of one to one which would be in line with what you've allowed in the past and that's with no discussion of what's available on street here as well so I do know that there is a need for this type of housing in the city it's a very peculiar property that has an existing structure that can meet these requirements I would not want to

see this become a nine unit four bedroom per unit building right you could actually put a second floor on this and and go to nine units and put as many bedrooms in it as you want uh so when you are contemplating the special permit understand you're not making a determination that the proposed use would not be detrimental it's that it would be not more detrimental so contemplate that as well after you

listen to some of Butters and people that may be opposed to the project and if I may Mr chair my client took some photos of the parking situation today on the street so uh in analyzing that permit I'd like to submit those for the record as well as it relates to the detriment component because I think based on the photos provided uh in addition to the one to one uh at least

this afternoon there was uh available on Street Park also in your package you'll see that um Chris pirano who's the assistant planer always puts together these little one Pages for you yeah that details the pass releas so yeah since 1983 this building has been a candle manufacturer uh candle making shop converted to a Woodworking Shop uh existing building is just a general Commercial Business in Ambulance

Service granted with conditions to demolish the building and construct a school or professional office um and then most recently the special permit that was granted to allow the reinstitution of the original non-conforming use of a car wash if you remember in the small little area in the back us for auto detailing the garage portion of this building so this would be in the remaining portion of the

building yeah that's all I have to add all right very good thank you um I'll go to correspondence on this we did receive a petition of objection to 951 Slade Street we the abuts and neighbors with the property at 951 Slade Street Fall River Massachusetts owned in the name of Jamie Duff of 951 Wilbur a uh swans Massachusetts who have filed who has filed a petition for a special permit to

be heard by the zoning board of appeals on Thursday January 18th 2024 hereby State our opposition to the petition for special permit on numerous grounds and in particular because of increased traffic um certain certain to result in our neighborhood if the 15 unit apartment complex is allowed to be created uh increased noise in our neighborhood increaseed congestion in our neighborhood um the unsuitability of the

use sought by the special permit to our neighborhood which contain which contains of nearly exclusively single and multifam homes nearly all the multif family homes being three family homes along uh sorry Beasley Street um and Slade Street and dwell Street on which 951 Slade Street site the unsuitability of 15 15 small studio apartments being put into the existing building as being proposed um with

suitable parking for more than one required and none for visitors or guests to the apartment uh with with more than one individual residing there Bey street is now a one-way Street uh One Way North because of the heavy traffic and parking congestion uh and the proposal will worsen the traffic in the neighborhood and make street parking nearly impossible uh without any way to remedy the congestion and parking The

Proposal will uh be detrimental to the neighborhood it will not be consistent with the scope and type of use around uh in which it is all residential single family and multif family buildings on the lots that provide sufficient space for their occupants with sufficient parking and otherwise proposed use is not consistent at all with the character and structure of the neighborhood which

has no large multifam uh unit buildings it is signed by a large number of people um I did not count them but there are a large number of people here including somebody I think lives in the park um so noted it's in the record um that being the case is there anyone from the general public here tonight that wishes to speak in behalf of the petition this is in behalf of the in

oh if you want to though if you want to we'll take it come on now no one wishes to speak in behalf anyone to speak in opposition please identify yourself and your address Attorney John Mitchell 105 Bank Street FL Massachusetts and with me is George mow George mow 33 bleay Street 41 barlay Street and 1020 Slate Street been in this residence since 1997 30 he is I've heard Mr Duff talk and there's some

things that i' would like to address as well when it came to the school I was the one that petitioned to have that street converted to one way because it was crazy parents going up parents going down there was verbal arguments people were parking people's driveway it was a Chaos on that street I petitioned the whole neighborhood and we came in front of the board and we convert to one way

that's number one when it comes to the arrest when he's saying about elderly and 55 and over we would like to know exactly what he's going to put in because he told the whole neighborhood it was going to be offices that it was going to be for his Auto GS detail shop and the whole neighborhood is now as upset because he's putting 15 residential units he comes in and greets the whole neighborhood like he's hi hi

hi hi happy New Year and then behind he backstabs everybody he he was never truthful to nobody in the neighbor all right stick to facts no defamation no I'm not being I'm not so Seth I okay please don't do that way on on the parking it does get congested on the weekends and the days the pitches that he's got is probably about 12 o00 everybody's at work but I get pictures

when people at home on the weekends and and at night when the Street's congested how about when there's baseball games and softball games on the spring and the summertime nobody can park does every house in the neighborhood including the multif family homes have driveways off some don't okay so some don't okay all right and and his petition has 15 parking spaces on it mhm what about when there's uh visit

hang on whoa whoa whoa whoa if you want to speak you just have to identify yourself your name your address Etc so these gentlemen have the floor right now let's hear them out before we go anything else or no just a couple things on behalf of the neighborhood and then a lot of the neighbors want to speak first of all um as proposed it doesn't meet dimensional requirements it doesn't meet uh unit requirements the

parking will be a problem even with nine units in there I know there's a general sense that seems to be that one per unit but it's not the zoning the zoning is two and this is in an atypical area it's heavily heavily congested uh there's a lot of multifamilies there there's a real problem with parking just dayt day um people have trouble parking there they have trouble finding spots and then

during baseball season it's almost impossible because the park is occupied at night particularly at the time people come home are from work we understand there's other uses at a too this is not the use the neighbors want to see and they certainly have a right to express their opinion they live there they have to live with this they're the people who want to be there and there's a reason for these

regulations including the parking particularly the parking in a city like Fall River and I don't think people can be you know if they don't have a driveway it's because because of the way the neighborhood developed a lot of these houses don't have they're not big enough to have driveways they've never had them um so people have to park on the street so I do think um and you certainly got a lot there's 88 people

who signed by my count all in the immediate neighborhood there's no one from North Main Street or Middle Street or anything everyone's immediately in that neighborhood and I think that's a strong expression to this board um and again they're asking you to use your discretion and find that somehow there's some benefit to the neighborhood it's not taken away from the character of the neighborhood that's

the definition of a special permit and clearly here it is and it's certainly reinforced by all these people coming in telling you we lived here we have lived here um and this is not what we want to see in our neighborhood um people over 55 there's a good chance there'll be couples even in a small unit people will double up in uh Studios is that going to be two cars what about guests um I don't

buy this that at 55 or even veterans they don't have cars they will have guests people at 55 probably aren't working and they'll have people in and out all day um so there is a concern with traffic in the neighborhood the parking uh there's not going to be enough parking no matter what they say 15 spots for 15 people will never work uh there'll always be some spill over and it'll keep the neighborhood um

congested as far as the prior use the neighborhood didn't like those and that doesn't justify well so that justifies now allowing this because they lived with that I mean is there a tendency in this city just to impose on people and uh continuously say well you didn't like that but because you didn't like that and it was there we're going to let you suffer again um um these people bought

homes a lot of them very recently A lot of them are young and they're here asking their city that they've paid taxes to not to allow an out of town developer to come in under the aaces today of it's going to be for veterans or whatever um and it may not be and even if it is it's still going to be crowded it's going to be overcrowded in that neighborhood and there's just a there's

a trust and it wasn't a personal matter but work's being done on that property the building inspector's been called and has not responded uh there's no permits issued there is um there's been questions about the variance that was allowed and how that's being used so there's there is a distrust it's not based on personality or dislike it's based on experience over the last half year or so and the neighbors don't trust

that they're being told this and that'll be complied with they has been a lack of enforcement on the city a number of the neighbors told me they've called repeatedly and haven't had calls returned haven't been um given the courtesy of being told there be followup and it creates distrust so people are here not only with that distrust but also they live there they're going to live there no one on this board lives in

the area no one I don't live there but they're here telling you this is our neighborhood and we don't want to see this and you have that discretion to support them so with that I know a number of the other um neighbors do have comments so je you want to start all right my name is Jeff baroso I live on 48 Bing Street yeah so uh I have a complaint so it's showing he wants to

put a dumpster right and so that'll be right in my backyard and a set a set of Lights that's been hit in my windows my son's window I called Glenn since July he keeps giving me the run around keeps saying that solar power lights is not all lights um you got the pictures

yeah' already done they can sit whoever spoken can sit yeah yeah gentleman again so we don't have a ton of congestion if you've already spoken please grab a seat and if we get back around you have something you'd like to say we can uh we can bring you back up um okay so so where are we in this picture with the with the two lights this is your taken from your house that's

wber that's Street that's Street I didn't have a copy I have a picture that hit in my house directly on all the windows and and what are these lights lighting Mr Duffy um they were inspected they were uh we did pull permits we have permits curently right now uh as he saying about the thing um his uh father-in-law he's not the owner of the property um I talked to him very nice

man he said one of the lights shine near his bedroom window so what we did we went up there we turn the rights if you look the picture completely towards not even on on the other opposite direction there's only one on that side over there move the opposite direction we can Shield the lights they're low voltage lights no problem I'll Shield the lights for them um whatever he needs me to do I

would do I'll take the light out of there it doesn't it doesn't I just did it for security uh reasons we got cameras around the whole place we've had problems over there already um the building's been vacant for a long long period of time okay and and what what are we looking at with this one just so I understand um he just put that up there was no permits I kept calling Glenn I

told kept telling me there's no wires running through there you can see on the concrete column there's a pipe running what electricity run into it at kept telling me it's solar uh solar panel sols okay um that hits my house my son I got to put something to Blacken it out all right so I mean understand the building department does not work for us so I can't go back to

the build I think you kind of go into character of you know what what you're dealing with I can't fix this this board cannot fix what we're dealing what what this what's happening here um if he pulled an electrical permit if he pulled an electrical permit he can he can he can do that right on top of my house that's my house that White House y he gets to go home and sleep my kid the

light bothers him yep bothers my fall he's no man okay that's not right if I can reiterate there were permits pulled uh was inspected if the gentleman doesn't want the lights here I'd be more than happy to take the lights out said i' be more than happy to take them out asking to come out and L keeps give me the run around that's un let keep all the comments it hasn't got to do with the

proposal this is well it's no this is an existing problem I mean are those rights part of your proposed no but that's in that parking lot where he wants to put those cars for where the people that want to live there they have to go through site plan review and lighting and Landscape is something they'll look through I tried no no no Glen even told me listen Glen this is not Glenn you

didn't call engineering you didn't call planning if Glenn hasn't responded to you I suggest that you call the administrative office and tell them that Glenn has not responded to you he keeps but but Glenn is not the zoning board of appeals so if you have a question or a comment in relation to the relief that's being requested by all means continue to bring it up so lighting is something

that would get handled if the zoning issues were resolved and it went to site plan review if it doesn't go to site plan review now you're on your own to deal with Glenn to resolve in some type of a nuisance situation that okay and then what about the dumpster behind my house so on through site plan review we will require screen dumpsters any type of you know where where they're located

and those are the types of things that we look at because people go in my backyard for parties and some of we're going to smell that that's something that we can address during site plan review we could EV have him move it closer to his own building yeah hi uh Tony to Sila I own 25 barl Street uh so I'm right across the street from here um I'm opposed to the 15 unit um Apartments because um

it's they're really small units from what I can see and and heard it's going to bring a a transient type of crowd it really is it's going to be a lot of turnover I know of that for a fact because I've owned them there's a tremendous amount of turnover and as far as the veterans I mean I hate to say it but they're usually usually the worst type of tenants I hate to say it because

they usually have underlying issues that's going to bring a lot of problems they they need they need to not be in I people might disagree and I know there might be one or two veterans that are that are good but in my dealings with them has never been good has never been good I would prefer to see larger units there the reason why I I believe larger units would be better just look at your

street you got the on on the same side here is three unit another three unit another three unit so if you wanted to do a nunit there I'd find that better now if it's if it's two and three-bedroom units you're not going to get 60 to 80 people because I have 20 units and I don't have 60 to 80 people in my all my buildings combined you're going to get a lot less people so I

think if you makes units and they're like two or three bedroom units I think that's more into what the neighborhood is I'm not I won't be against them you know for doing something like that but to put build like the 15 units I mean some some units if I'm looking at that correctly they're not going to have any windows I mean because if it's whole right side if I'm looking at it it's a

garage so then if you put a unit between the garage wall well on the inner wall that that particular unit is not going to have any windows so it's a closet where the kitchen and a bathroom that's just doesn't work now I would rather see three unit you know three bedrooms or something to that effect I have three bedroom units I have two bedroom UNS they are not bad the one bedroom and the studios they are

problems and and and the those particular setups do not fit the neighborhood none of us none of us have studo or or one-bedroom units we're all two and three bedroom units all and all family and as far as for parking parking is Hell on that street cuz when I bought that building I had to put a parking lot in because people couldn't get tenants couldn't get in now if you if if he if he builds the

nine units we are still going to lose two spots because of the the curb cup so while the photo that came in was in four oh maybe maybe four so we was in four four spots so during during work working hours there's no one there when you go there on a Saturday you're not getting in you're not parking in there and you're lucky if if they don't even enough room you're not getting out of

your driveway right George you get but you got boxed in I got boxed in and that's just by the people for Bas going for baseball I mean again I don't want to you know he has the right to to you know to to have a business and everything and if he does it right I am going to support it you know if it's but it's got to be a family type building

that's what it has to be it's what the neighborhood is not like this eyesore okay that's going to be there gotta I appreciate the time great thank you thank you let me ask you a question Mr Duffy yes had you considered the nine unit I thought I didn't think it'd be good now I want I first came out here for was um at first all there's two CRI Cuts here but anyhow um everything was a

control site this way I disagree with everything he said but the veterans I disagree everything he said about the units that's my opinion uh I think it's a lot easier um and less detrimental having units that I propose to do that are furnished that are something unique for the city of for River there's nothing like it furnished departments for veterans and El there's nothing like

it yeah and go to any any any veterans place on Pine or anywhere else I'll tell you right at the bat there's nothing like it they can't can't go anywhere it's better than doing a molto lodging which is zone for that yeah if I can add Mr chairman so I know the the uh gentleman who spoke in opposition these units will need to meet the building code M and if they can't meet

the building code with regards to erass and natural light and all those things then they can't be built or they can't be occupied so there are other permitting hurdles to get through beyond what the zoning board exactly um I know there's a bunch of people that want to speak all I can ask is if somebody else has already said what you want to say just say I agree with whomever please

and I'm going to do something I normally don't do and use my three minute clock anybody else want to speak in

opposition sir I'm sorry I can barely hear they show shines directly in myed all three of those lights that's fine I'll take care of it we'll put shields on but they were inspected and they didn't they're they're low they're low volage license we can definitely put a shield that's no problem I wake up at 4:0 morning they're on all night and they're at me only complaint I ever heard this from Jeff but if you I didn't

know you you would have told me I would fix it immediately I'll shut them down I'll shut them Al I get the appr I get the approves on I'll shut them down I think only reason I did it was because sir before you sit down could we just get your name and address please thank you sir name and address please hi Texa 73 barklay Street 73 barklay okay where do

you fall in in line with this so I'm on the corner of barkle and across the street property at the opposite end um pretty much just yes agree with some of the same concerns as far as um parking is just extremely rough you're never going to find you it's difficult to find spaces people had to add driveways to be able to find um parking just concerned as well about the number of units that

are going to be put in so pretty much everything that is okay great thank you anyone else yes my name Ison Le I live in 977 slate I agree okay what would you like to say sir I agree with you say about the okay all right so parking's your your biggest concern okay thank you anyone else Council just to summ I do have some photographs of parcking you know showing

the problem and also um R cuts no parking hit a corner sign and just to summarize I mean I think the point is they didn't come attack Mr dff but there is a problem with what's been operated there there was a variance last year granted for detailing that they don't believe was abided and overall I mean you've got a neighborhood in here on a question of what is best for the neighborhood what the tracks from and

you can argue well this could happen that could happen but I don't think anyone's going to run in for the hotel a or other uses you're faced with this decision we do ask um on behalf of the neighbors that this petition be denied tonight that it's not appropriate for this neighborhood the neighbors have made it clear they live there they understand the neighborhood and it doesn't seem to be in appropriate

use whatever problems are with housing in the city I don't think the neighbors of the uh father uh true Park area be the ones to be after at this time so we thank you for your time and consideration and uh ask that you deny the petition Mitchell thank you Mr chair could I respond please please okay uh taking the arguments in order so there's no question that the building doesn't comply with setbacks and there's not

enough parking which is the very reason we're here second we're here on a special permit request not a variance request the standard is lower for the board third the prior relief granted was a special permit not a variance for the auto detailing fourth I think like a lot of these hearings it got far a field uh in terms of what's before the board so the narrow issue before the board is

whether or not the proposal of my client is substantially more detrimental than what could otherwise be there in this instance I would submit to the members of the board that number one Mr Duff put out the veteran uh restriction and the age restriction but but you won't find that in my petition so ifre the neighbor doesn't the neighborhood does not like those conditions fine we're not

necessarily asking for it we thought that would be an appropriate approach to the problem to narrow the population down frankly I can't believe some of what I heard tonight and I've been at a lot of these hearings over the last 20 years but everyone has the right to speak their opinion on different classes of people um so if the restriction on age or veteran status is an issue no

problem we can take that off the table we thought that was being consist atory uh and I do think lastly and the most important point I can drive home for the board tonight is what is allowed by right is very important um I've represented Mr Duff the out of town developer in a variety of respects and I think he will build what's Allowed by right and I don't say that in a

threatening way I say that in a matter of fact way and what's Allowed by right is denser and worse for the neighborhood than what the proposal is and with that I will yield can I say something else please yes I I just want to touch some base on this as of the the lighting only thing I ever heard before was Jeff made a comment we moved the light this gentleman's out

we'll take care of that we go on site plan revie there wasn't inspected the second thing was on curb Cuts there's two pre-existing curb Cuts right now we designed the park and around the curb cuts to coming to come out so that's definitely not true um those are the two things I BT down quickly and there was p p there was pits pulled and inspected thank you okay anything else from the board is there

anyone else that wishes to speak and and and thank you I mean we definitely we get the flavor of the concern of the neighborhood absolutely and I know that having a park there makes it it's great to have the park there until it's baseball season so unless you're playing and walking across the street it's um it's tough so I do thank you all for coming out and sharing your uh sharing your

thoughts um anything else from the board right now before we we delve in

um did you want to say something else sir oh no I thought you did the other thing we did want to point out is we have the field card and the only only permits we see recently was one for doors so it is a complaint and again it I realize it doesn't have to do with this particular petition but it does have to do with whatever this board orders there's tremendous discretion in the

developer you can only handle so much and this neighborhood is here expressing their concern they just found a much smaller special perid ed they've got no cooperation from the city not this board but from the city and enforcing it and they're concerned that on a much larger use with a lot more discretion once it's enacted and it's nice to say there's a site plan and there this and that but

that's immediate and over time things are moved and things well that happens with everybody that happens with single family and that's why they're asking it to be considered here this is not an ordinary use understood and it's very peculiar for this I Ur anyone who has reached out to inspectional services and has not gotten satisfaction as as the city uh engineer and planet has said reach out to the reach out to the

administration don't hesitate and say I can't get a call back I I've called Mr hathway on on the following times I need help um I'm not saying you know go to the principal and tell on somebody but that's that's really the way it is so I'm not I'm not trying to make light of it but um and site plan review does have teeth and I and I think you attorney Mitchell you know realizes that you know

what happens 10 years later that's the tough part people change things people throw up decks without getting permits people add to the garage without without getting permits happens every day in the city which is which is frustrating and you know then they come in and ask for after ask Bo at theet I hear you to use its discretion it's discretionary it's not required and uming the general

is it possible and I'm just looking at the plan and I didn't I didn't speak to the engineer that Drew this but is is there the potential to let's look at the southernly 20 foot driveway y you will replace that 20 foot driveway with two additional spaces so only leave one curve opening the one to the north come in you could potentially get two more parking spaces in that 20 foot

space You could also direct the across from that if you relocate the dumpster get two more spaces and relocate the dumpster closer to being on the other side where the existing driveway is in three spaces for the detail facility yep and you would have the ability parallel parking along the driveway which is 28 ft wide to leave seven parking spaces for the detail that still leave room for

the drive AIS for that as well that would be no problem and site plan review would uh dictate that and I'd go along with anything yeah I mean I think you could easily get an additional four off street parking spaces eliminate one curb opening and relocate the dumpster yep um and that's something that we can you can condition that the board that way um with a minimum number of spaces of an additional four so 19

spaces total and relocate the dumpster yeah I mean the dumpster I can certainly see this gentem yeah we would make a move dumpster site planner anyway so you could easily create two parking spaces there just a thought we got to turn to the board now's your chance for questions if there's no more questions we have to we have to act a lot of people came out tonight A lot of people want to go home Mr

chairman just listening to arguments on both sides um to your comment attorney know that what is being proposed would not be substantially more detrimental to what could be um from what I'm hearing from the neighbors that isn't true the neighbors seem to think that multifamilies being built there would be more preferable to what's being proposed this evening which is Mr Duff's right to

build without coming here or anything else um based upon that Mr chairman I mean I would make a motion that we deny the

Comm we have a motion to deny do we have a second on that second we have a motion and a second discussion on the motion hearing no discussion uh Ricky zah yes danyar yes Jim Caulkins yes John Frank yes and chairman Pereira yes uh I thank you for your time thank you everyone thank you for coming up thank you attorney Mitchell good to see you again it's been a while item number three Marino Z

Benavides care of Attorney Peter acelino 74 and 78 uh PM street map F22 lot 14 the applicant seeks a variance for mief for lot coverage and setback requirements in an R4 two family zoning District in order to divide the existing lot into two lots leaving the two F the two existing single family dwellings on one lot and constructing a duplex on the second lot per submitted plans thank you

for the record Peter selino on behalf of Mr benites uh the board's probably familiar with this petition in the sense that it was previously submitted a little bit different conceptually and then with drawn um my client and his engineer have reworked the site to uh create a different proposal which consists of a two lot subdivision uh leaving the existing single family dwellings on what is labeled as lot one

on the plan that uh lot consists of 10 10,472 squ ft lot two uh consists of 8,000 square ft so lot two is completely conforming with the exception of lot coverage uh per the uh plan the lot coverage is 55% on lot two it's supposed to be 30 per the zoning so as a consequence the waiver sought on lot two is lot coverage Frontage conforms area conforms setback in use all conform with

regard to lot one uh we have the same issue of lot coverage as well as setbacks um in my petition I've indicated that I think the hardship of this lot is really the existing uh structures that are there now it's a peculiar setup to me in the sense that you have the single family sort of built hugging the perimeter uh east north and Northwest uh leaving this large lot with

uh this empty space that fronts on pelum street and as a consequence I've submitted in my uh paperwork that the hardship is the inability to use the area that is lot to as a result of the existing structures and their proximity to the sidelines um I don't think it's detrimental to the neighborhood in the sense that it's consistent with other uses in the neighborhood and further the

proposed construction of the two family dwelling uh has two off street parking spaces per duplex unit so the customary arguments relative to parking uh traffic and travel I think can be laay as a result of those four parking spaces um do you have anything you want to add to that Mr Ben okay um so I have nothing further to add to that I'm happy to answer any questions again Mr Benavides is here if anyone has any

questions okay not no now it's just so we got two single family dwellings one up in in the back of the dog leg the existing one down on the front number 78 um I think when you were in before you had talked about putting a unit into the single stall garage is that off the table now it is off the table okay and then so the existing one stall garage remains a garage the existing two

stall garage remains a garage this is a about the garage okay Mr benid is indicating that on that uh top right corner be the northeast corner there's an apartment above that garage it's existing the two the two stall garage well that's the plan and the petitioner flawed then okay so that's not what was presented I don't even think on the first time that was not mentioned on the first time I

don't does anybody have the original plan you might want to table us to get it resolved so this you saying there's a unit above that garage already the existed on and lived there for over 60 years I'm not saying they didn't but I'm just saying it's not shown on the plan and that makes all the difference in the world with the unit density on this proposed law um again we don't

have we don't have the original plan are we talking about the back house or the front house the front house the front house house right yeah existing single family in the front we're talking about the talking confused okay we're talking about the can you add slap yeah is there a unit in the back on top that so they're going to be two units yes on lot one correct one in number 78 one in 74

there's no other residential components in any of these other struct it's a two star garage and was it was used to be a pip rep job the difference between plan and the previous one that was filed is the previous plan was to divide the property right above that garage cuz the front one has big gar has a unit above it which it's labeled just yep y my mistake who asked the question at first

about I no I only asked because I believe in the original petition and I could be wrong it's it's jiujitsu that I was going to use that yeah too late I fig it I had it um I thought the existing one stall garage was going to be converted into a unit in the original plan I don't think so but I don't recall didn't doesn't matter it was with no it was simply to separate the two existing

single families and um create the new lot for the duplex okay so three lots rather than the two shown on this one

yep and then that access easement that that the area of the proposed 1417 square foot access and utility easement is part of lot two correct yes okay that's already that's existing paved area right right but the eement that's going going to be recorded will be yep to the owner of lot one for right it'll benefit lot one burden lot two okay yes it's creative that was a compliment no the only thing I would say

is that the lots are conforming uh Frontage and area wise um I mean the only setback belief is the 9 feet to the two star garage right everything else is an existing nonconformity yes everybody absorb this any questions lot ink a lot of ink questions from the board I'll say this is an improvement from where we were last time so I'll get back you guys anybody in the audience wish to speak in favor of the

petition anyone wish to speak in opposition ition to the petition okay they're hearing none I come back to this August

body Dan what do you think I think it's a drastic improvement and when you actually again looking at it there's a lot of ink in this little but when you look at the actual relief being requested yeah it's Prett much coverage and then not get set back to the existing two stall garage which is almost minimal they could probably actually convolute the lot line to eliminate the 9 foot setback um but for

making a better shaped lot for lot to I can understand why they did it but they could have grabbed that square footage somewhere else with some foolish jug that that you would never want on a lot so I mean it is it is minimal for sure um as we keep stating on with how site plan review has been instituted all these lot coverage issues date back to the dinosaurs right

with our zoning now through Cy where we make applicants account for their impervious area by infiltrating into roof drain uh drywell Chambers taking all the roof area what would I would suggest is that both Lots be subject to site plan review so that we have the ability to get some of that impervious area from the existing structures um into something in the ground as well to try to lighten up the load for the

imperious area for the whole site and then as always I'm sure member Frank will make the condition that these lots are to be not to be further subdivided so the applicant doesn't have the ability to come back and now try to cut up the two single families right but if there's a motion to approve that site plan is inherent within the motion absolutely yeah well it would definitely be for the for the new home not

necessarily for the second I mean for the other lot that has the existing struct okay but while it's here and it's on the table we can because they are asking for a lot coverage push that through review as well so that's one way to accommodate the lot coverage issue is by requiring something for stor Water Management because there there's a lot of pavement out there yeah where we going

guys I'll make a motion to Grant with site plan review for both Lots and no further subdivision second okay got a motion and a second any discussion on that Ricky you look like you still have a question okay in that case on the motion Ricky sahad yes Danier yes Jim ckins yes John Frank yes and chairman per yes thank you item number four uh um I know I'm going to mispronounce your name Christopher mongan

M there you go um care of attorney Thomas P colorin who was not in Somerset tonight 301 America street map e08 lot 11 the applicant seats of variance to divide the existing parcel into two lots the applicant wishes to raise the existing freestanding garage leaving the existing dwelling on the first lot and to construct a new single family dwelling on the new created lot the applicant seeks a variance for relief

for Frontage minimum lot area minimum lot coverage minimum side yard setback and an R8 single family zoning District Council good evening Mr chairman members of the board for the record attorney Thomas K I represent Christopher munin who's the property owner 301 America Street and Mr munin obviously is here with me uh this evening uh as stated by the chairman uh we're coming before you

tonight uh to subdivide this property into two lots leaving the existing dwelling on proposed Lot number one and creating Lot number two uh which would have a proposed single family dwelling constructed thereon uh we excuse me that's this division of the land would require um Frontage for excuse me a variance for Frontage lot size uh lot coverage and then a side yard setback variants for the new internal lot line

only um both parcel uh the home from that'll be located on Lot number one uh would have a a setback of around 12 point I think it's four feet and uh newly uh created or newly proposed house number two would have a setback um interior setback of of 10 ft from the newly created lot line as part of this proposal Mr munin uh would raise the existing garage that sits pretty much

flush up against America Street um as you can see as shown on the plan this really creates a situation where there's really only about one uh off street parking space for the existing dwelling uh with the elimination of that garage we'd be able to create a driveway on parcel number one that can C certainly accommodate at least uh two off street parking spaces as you can see on lot two

we'd also propos a driveway along America Street uh that'll accommodate two off street parking spaces so that we can provide off street parking that complies with the existing zoning bylaw as to the the hardship for this lot this lot and the uniqueness of it again we've got an existing dwelling that's been there for uh quite a number of years that is situated really to one side of

the property leaving kind of a dead or vacant area off to the other side that that's really unusable uh for this property uh this is a neighborhood that consists pretty much predominantly of single family dwellings uh Mr munin is not looking to put any kind of multif family structure there um but we think that this is a a best and most practical use of the property again giving the

location of the existing single family DW dwelling where it's shifted over to one side on the property and again with the elimination of the garage U this creates a uh I would suggest to the board a better off street parking situation than one that currently exists um at the property today so again the relief that would be needed would be Frontage for both particular Lots as well as lot size coverage um and then

again the in the setback variance uh sidey yard but that is just for the newly created lot internally um we're not looking for any relief um you know in terms of setbacks as to any of the other neighboring or abing properties um with that I'll certainly yield to the board and be happy to address any questions that you may have well before I ask any questions my comment is you're creating the two smallest Lots in the

neighborhood and you're creating lots that we need you know a sideline setback from which which isn't happening on a lot of other Lots in the neighborhood save one that's across the street from me that's got a house kind of squeezed onto it um and that might be a smaller lot but it you know just going to flavor of the neighborhood it's a lot of variances lot coverage sideline setback blah blah blah

and Frontage um it's a lot and you know I I've been on side of the table a lot more than I've been on this side of the table and this is this is a tough one to ask for i' I'd be I appreciate you trying to come up with with a hardship I appreciate it I recognize the concerns expressed by you by the chairman um as stated there is a lot across the street that is pretty

much comparably sized to the two lots um after this division would occur um admittedly you can take a look at the plan I'm not going to tell anybody that they can't see with their own eyes um majority of the Lots in the neighborhood would be larger than what would be left if this division um does occur um I think as was indicated in the prior petition and I understand every petition

stands on its own merits but when you're dealing with things like lot coverage uh I was I'm going to presuppose that this would go to site plan review it's something that could be looked at as to both Lots uh including the one with the existing dwelling um if runoff and lot coverage was an issue um take certain measures into into account whether it be again you know capturing runoff

rainwater um putting uh you know down spouts into down into dry Wells things of that nature um but again I think you know again from a from a parking standpoint and an over congestion standpoint I I would suggest to the board respectfully that I I don't think that the request is is too far of a stretch again given where the house is located on the property right but selling me this is me selling me on

this is an improvement to parking when you've got this huge lot that you could put parking in uh you know it it's it's a tough sell so you know that's um that's me I'm looking at it I'm looking at the space and um get out parking so it's not an improvement of the parking situation that couldn't have been accomplished elsewhere Dan what do you say what's what's the department say

well I mean the the the current lot exceeds the minimum Frontage requirement by 20 ft so that there's excess Frontage the existing law however doesn't meet the 8,000 square ft so this is a an existing non-conforming correct so this isn't a scenario where we have a conforming lot making non-conforming lots it's already non-conforming however not for all of the reasons for the relief that that's being requested the

lot sizes are small again I don't know what the if if it was even relief that allowed the the subdivision of the Lots across the street or if they were just always pre-existing non-conforming I don't I don't know that um but no as far as the setbacks go setbacks is aren't the real issue um the lot size is the issue for me and the frontage the gentleman next door at 323 theoretically

could come in and want to cut out a lot on either side of that large house at 323 both on both sides he could create Lots lot than the proposed lot to but again that would be a different petition at a different time Mr chairman if I just may respond just to one of the comments that that Mr arar made um these Lots it looks like they were created by a plan back in 1892

they were all like these real Super Subs substandard Lots so I think what happened over the years is when people would build you know they would buy two or three lots sometimes people would just buy one or two lots um so so again when this was done again predating zoning you know by maybe 60 70 years or so um the the Lots kind of look like what on that plan what's being proposed

so I think the lot that's across the street probably was just one of the Lots just built on alone individually without combination up you than any other questions from the board comments from the board says on here that the property use is a two it is the existing building that's there as a two family which is plan which one's the two family this house existing one says existing one family on the plan

existing one family on the plan but on and on the petition on the general property data a two family uh your house that your own is it a two family yes okay is it a two or is it a single u m Mr mungin is indicating that it that it's a two family um I understand that the plan indicates that it's a one family you you have two tenants in there no

it's vac okay it was sold to me like that so I I just for clarification purposes nice catch Mr dupare C um Mr M's indicating that the house is currently vacant that it was sold as a as an existing two family structure if the Rel ised would you be good what does the assessor have it listed as um The Unofficial property record has it listed as a two family home online yeah

yeah we didn't print those out and put them in they're in the packet they're in the packet

yes all right I think the only option would be to with to withdraw or consider offering converting the two into a single but I don't know it's it's kind of convoluted and and dirty without having the plan and application be accurate right I I I I tend to to agree I'm not the lawyer you are so I don't you you know the legal M no no I I I I tend to agree I mean

if if it's if it's a two family and a legal to family it should be represented as such on the on the plan and on the application oh cuz then we've got parking yeah exactly it changes everything it changes the the table it's about the same amount of money so um deadlines already passed for February meeting so you're not going to be on until March anyway it's up to you with without

putting the board on the spot um is the board comfortable in and I I I heard from chairman Pereira obviously is is the board comfortable in in giving an indication as to um its thoughts on the possibility of this divided I understand you know the change is the dynamic on the parking and things of that nature but um I just I heard chairman Pereira Express his thoughts on it and if if

other people have similar feelings then it may impact Mr M's decision if if if the board's comfortable in expressing those at this point good thing I'm not playing poker tonight but but you also have the ability like I just said to contemplate the board looking at a two- family structure non-conforming to the single family District right eliminating that non-conformity and making that a

single family I understand and that's may look more favorably upon and that's a conversation that you cly have to have a two family is it it makes it even worse than it is yeah absolutely it's it's bad now so that's the only thing I can say but in all you know if I was at if I was in your seat I'd actually be glad that it's a two family now right

and come back again and litif fied another day and argue the fact well again that's if Mr mjin would contemplate converting it back to a single family if not then should andile because then the overall density would be the same as it is now and getting rid of a non-conformity okay so after confirming with my client um and if the board would allow with ask to be able to withdraw without prejudice and refile if uh we

deem it appropriate move second on the uh on the motion to withdraw we need second yes yeah we have a motion in a second John Frank to go to the a yeah we can hey who hey yep getting there I forgot somebody just reminded me up here is there anybody here that wishes to speak in favor of the petition although if it's being withdrawn it's being withdrawn prior to any that's all

right though I I mean let's hear anybody here wishing to speak in favor of the petition anybody here wishing to speak in opposition which I think is you sir hi just state your name and address please okay okay so um I do have petition that around through the neighborhood okay could we have that you say 277 correct this is actually statement from on the street she be here tonight

okay so my property ABS this property M um and it's been a um a lifetime property um my grandparents and it is two family house and prior to the Char was owning it two family house by Mrs M I've known her since I was a baby um anyway you guys can see the property way so that house is pretty much on the Shelf of the street so as you come down

America Street and I'm not sure if you're familiar don't have any sidewalk the street it as a thway to get from sta road down to Marano up and there's a lot of businesses down there um so it Deadlocks into the um parking lot you have a lot of traffic um this house in particular is on the Shelf of the street it's right on the sidewalk the garage is right on the sidewalk and then I have a

picture that's on my phone I don't know if that's you that or not it goes straight down okay and then that yard goes across so um with that I know my dad was in construction that a building anything in there if approved we have to grade that property all the way up to street level I um and this is I mean it's not about me but it's about me in the

neighborhood to happen is my yard is going to flood for sure absolutely for sure we used to skate down the street that's all water there rivers on there it's it's just the nature of the property all of my neighbors um the ones that I could get um get in touch with have signed a petition um from an ecological standpoint from a lot of elderly people on the street um they when they walk

they walk their dogs and stuff it's it's dangerous um there's just a lot of water flow um parking is going to be an issue a continued issue we have all of the Overflow from Stafford Road at the top now all the way at the top of that street are all tenes so around the corner on staff Road ten houses of people that sign the petition live there they are forced to park America Street it's a dangerous

dangerous spot at the top a two family and another single family a yeah that's what I'm trying to figure out was this way though you can do that this one a whatever this as a single family households typically have between two and houses so you're talking addition up to six to nine potentials on that street it it's haard it's not safe we have children in neighborhood we have elderly in the neighborhood it's

just it it is a very busy street I just don't think let see what you mean about the grading cuz I did take a look at it Wicked it's wicked um you know they are providing parking off Street um so I I will give them that but uh it it's a busy street being that close to Stafford Road I get it the bottom I mean it's like the Indianapolis

let's put it this way when I went out there just take a look around I couldn't find a place to park so um at that point anything else probably probably okay we're going to read the petition and be able to do it all over again this is mine as well I just can't it was the letter from you that's from me okay you going make me do a lot of reading

tonight well these two are identical so I love it so we do have a petition obviously there'll be copies of this available for you uh Journey Cen with the neighbor the neighbors AB Butters of uh 30 on America Street Fall River do hereby disapprove of the do do hereby disapprove of the variance request by Christopher a mongin uh to divide the existing parcel into two lots as requested by the board

uh zoning board of appeals December 21 um a number of these sign signatures on this are director Butters so you know there is uh there is that that aspect to consider and then two letters um one is Maria and the other one same letter ladies and gentlemen of the planning board we're not the planning board the zoning board of appeals I'll I'll even change that for you there's no animosity between the

boards I stand before you today not just as resident but as a voice for the safety and well-being of our community particularly our elderly and young children I'm here to to express my strong opposition to the proposed construction of a new home in our congested neighborhood highlighting concerns related to the safety of our valuable population and the potential increase in noise pollution our

neighborhood is not merely a collection of homes it is a diverse community and include seniors who have spent their lifetime hearing young children who are the future of our Society the proposed construction of approved would pose significant safety risk for those uh vulnerable groups first and foremost uh let's consider the safety of our elderly residents our neighborhood already grapples with

congested Street and limited uh walkability approving the construction of a new home would only exacerbate these issues making it more challenging for our seniors to navigate their surroundings safely we must um prioritize the needs of our elderly residents ensuring that they can enjoy their Community without fear of accidents or hazardous conditions likewise our young children deserve a

safe and secure environment in which to grow and play increase traffic and potential construction hazards uh hazards associated with the proposed house could jeopardize the safety of our children it is our responsibility to create a neighborhood that Fosters the healthy development of our youth not one that that introduces unnecessary risks additionally noise pollution is a serious concern that often goes

underestimated the construction process itself along with the additional residents the new home would bring could lead to a significant increase in noise levels this is not just a matter of inconvenience it has a direct impact on the quality of life for all residents affecting our sleep stress levels and overall well-being I implore you to consider the human aspect of this decision I

Community is made up of individuals each with unique needs and concerns approving the construction of a new house without addressing the safety concerns of our elderly and young children as well as the potential for increased noise pollution would be a disservice to the very essence of our neighborhood in conclusion I urge you to reject the request for building a new house in our congested neighborhood

let's prioritize the safety and well-being of our elderly and young residents and Ensure that our community remains a Haven for all together we can build our future that is safe uh inclusive and conducive to high quality of life for everyone thank you for your consideration okay we have a motion on the table to withdraw um so the motion is made and seconded to withdraw without prejudice

on that motion John Frank yes Jim ckins Dan dear yes Ricky sah yes chman per yes thank you thank you very even thank you for your time thank your time it was withdrawn so if it does get proposed again you will you'll get notified again if something does come up in the future thank you so much okay thank you all for coming out appreciate it idea going all right item number five W Construction and

design a question I'm sorry yes to the buts yeah if they if they reapply for anything you'll be you'll be Ren notified no I understand that but when us go specific they go out to only goes to a Butters and then a Butters to a Butters no I went to to more than that and across the street my nebor across the street doesn't mean that they didn't pick it up but that's who it gets so

yeah and if there's any if there's ever any any question on that we do there there is are copies of the abutters list the certified abutters list that goes out so that has to be done at the um assessor's office it has to be certified that that who is who are the owners of you know the legally AB budding properties and that's laid out not just in our regulations that's out of

Massachusetts state law so if only three I can't believe there only three people got them this went out to 1 2 3 4 5 6 78 10 11 people what's the name of the owner and and it might be language barrier so it's the across the street well you know the name his first name Joseph Joseph bu yes's 290 America Street probably thought it was a bill from the city probably thought it was a bill from

the city oh right thanks for your thank you so much for coming out all right have a great night take care let you talk item number five WR construction design 644 648 Rodman Street map 1-20 Lots 714 and 15 the applicant seeks a variance for the manufacturing and warehousing of wood Workshop cabinets and a BL local business zoning District the applicate uh the applicant also seeks a special permit person into 86-

425 for the expansion of the construction uh structure and as per submitted plans before we even start I just have one quick question um attorney seleno you're representing the owner of the building yes okay is I understand you may have an objection tonight is that based on the merits of their proposal or is that based upon a contractual situation between the owner and the and the applicant uh the

objection is not going to be put for um so we don't have it is not okay all right because I was concerned because your your client signed the application so correct all right so we can go we can go forward I just and unless I get to run home and get my big black robe I'm not this is not a court of law so I didn't want to get there excellent thank

you uh good evening for the record Jeff hman from Northeast engineering and Consultants here tonight representing WR Construction and design um as I'm sure you're all aware this uh is not the first time we've been in in here with this site I believe this is the uh the third um application that's been uh submitted to this board uh fairly recently within the past year um the last application that was submitted uh

was done by the family that owns portugalia uh that was done back in August that application um is similar in nature to what you see before you tonight uh specifically the special permit that we're looking for tonight for the expansion of the existing non-conforming structure at 648 uh Rodman Street M the proposed addition that we're showing on the plan uh is the same that was on that previous plan it's

the same square footage the uh 28765 Square ft in the same location and generally going to be used for the same purpose um for whatever reason the uh deal between the property owner and the the family uh that owns portug ellot did not go through um but upon uh learning of the property and being approach by W Construction who had uh the need uh for for a similar uh uh size complex um they

approached the owner and entered into a purchase and sales agreement uh to move forward with this property um the what they're looking to do obviously the reason we're here tonight does require relief um first as I just stated would be the special permit of the uh existing non-conforming structure um I would argue um that what they're proposing here would be less detrimental to the neighborhood uh from what's there

now uh I think anything that's done on this property um in fact is going to be less detrimental to um you know what we have out there now it's it would clean up the site uh which you know drastically need some improvement um and it would you know bring it bring it forward and modernize the the look of the buildings and and the function uh so the other reason we're here tonight is

for the uh for the variant and the variance is specific to the uh manufacturing use that the the applicant is proposing uh the property is located in the local business zoning District um the property the building itself on the property uh have been used for many years for warehousing um the previous application um also had other components um which complied to regulations within the local

business district as does this one uh we do have a proposed 5,000 foot showroom which would have some office space uh above it that that were're uh including in this proposal uh but the the the big reason the variance is required is we are proposing a 8,700 ft uh manufacturing uh component to the addition that would be added on to 648 uh thus the variance request that we have before you

tonight um the just to give you a little background of the company and with me here tonight is Carrie Jordan from WR construction and she can speak more to the uh uh to to their needs but from what I understand it's my understanding that um WR Construction in Sister the companies that are owned uh by the same entities um currently operate in five different locations um some in the city

some outside the city um when they saw that the previous application didn't move forward they looked at you know what was approved and that and really uh would satisfy their needs of what they're looking for um with this application what they're trying to do is is consolidate four of the five um spaces that they have now into one location um again they are a construction company they do have a facility on Jefferson

Street in FL river that they currently use to store their construction material that is not going to change um they're not going to bring the construction material to this particular location uh what they're looking to do as you can see on the plan is they're looking to create a showroom um add uh quite a bit of a a warehouse space and also add a small 8,000 ft uh 8700t manufacturing component um so with that

with the overview of the project I'm going to let uh Mr Jordan Speak of uh to give you a little background on what WR construction does great good evening uh my name is Carrie Jordan I do work for WR construction and call it design cabinets uh so qual I have several things that you can look at if you'd like uh for the board to review one is um the actual cabinets that we

manufacturer in addition to that is one of um site that we have at is a separate location and then this is what the proposed at this kind of rough drawing that we have that at the end of construction once we go through site review and all the required permits and everything's in place what we're hoping that this will uh view look like uh so we'll take okay um W Construction and is and

quality design cabinet sorry is owned by uh uh gentleman uh Wilton rerio Mara rerio is here his wife they're longtime standing residents within the city of Fall River so they own their home their Primary Home their children go to school here in addition to that they own another building where their WR construction um trucks and things that that for construction and things have been quality design cabinets has two

manufacturing companies elsewhere um in Rhode Island um we we also have a showroom and we have our office space what we're looking to do is consolidate our manufacturing our showroom as well as our office space right now I have people going from you know pick up over here and manufacture here and then a showroom and come see this over here and I'd like to do that in one spot when Wilton and Marta found

out hey my hometown has a space let's go take a look at that and make see if we can make that work and that's what you have here and this the green one that you kind of can see here this is one of our sites um and this is the manufacturing machines they're all we have brought them in there's CMC machines we run them through that so we have about I think it's Max of 10

employees that would be on site so we're talking about traffic and we'll get to that um our cabinets these are the other one the manufacturing of the cabinets we've just gone through certification so um our cmca I have to practice that still uh but we've just been certified to be able to have those uh through there so that's a new and wild wonderful thing that's just been done and then finally you have

what the building proposes to look like which I think you've seen the current site is an improvement I cringe every time I drive by it so yeah wondering if something's going to stick yeah well we're we're hoping this is going to stick so you'd be consolidating some of your operation that's in Rhode Island now here yep good that's win um interesting um you mentioned about another uh location that will be storing

of materials so that's what if Jeff shows in this we don't have an off I'm sorry maybe I misunderstood your question Jeff mention something about a location the construction the wi Construction vehicles that are used for construction those are stored that's what I'm looking for no outside storage of equipment materials uh backos bulldozers anything like that outside this is going to be more for the

manufacturing end of it exactly it's for the the the primary use so I work on both sides of the things so when I say office space me um but the office space is obviously used for others as well Mar is there Wilton's there our court headquarters would be there and then other you have quality that's the primary so quality would be the primary which is why we're seeking for the manufacturing portion of it as well

and we have to be able to store our product once we've manufactured it and then display we'd love you know the showroom to be able to display the cabinet bring and be to show are are you mostly selling to contractors or do you also sell directly to home sell both commercial residential Etc both contractors business good any other questions hours of operation for the oh hours of operation

oh you know what um sorry uh currently they're in uh well let me say this it would be within if there's an manufacturing bylaw that we have within the city of Fall River so we fall within that uh we would accommodate that um but primarily right now they're a 7 to 330 I believe it is just one shift yes there's no overnight one shift five days a week or or five days a week showroom open on

the weekend I'm sorry is the showroom open on the weekend the showroom is open by appointment on weekends currently I restrict would you like the ability to operate on a Saturday as well yes I think they would like the ability to operate on a Saturday of yeah yes for for the showroom yes or manfacturing as well so we we'd be able to manufacturing possib if we could keep it open for that yes absolutely um and then

when we talk about if you're limiting it we' be able to if we have installs because we do have installs so we also install the cabinets we have the potential of that so being able to go pick up the cabinets put them in our truck and off the guys go and that's how that kind of works so potentially for Saturday I'm sorry please time time Saturday pleas 7 yes 7 to five

m s I thought you said I think you said 3:30 I think I thought he was I'm sorry I thought you were asking about the employees working no no I apologize yeah and and we asked that because there's so much residential there now that sure you know we're deliveries you know we have a concern with uh tractor trailer deliveries coming in and out certain times nothing before we usually say 7 a.m. I don't

know you know if that's uh an issue or we just need to make sure yeah my understanding was is that there was some concern with the previous with Lauren Street uh in regards to tractor trailers coming in and out generally we only receive uh our material once a month because we order in such quantity like we order it so that we only need to do that so large tractor trailer trucks are

not a primary issue which might have been an issue prior to with the supermarket especially D and it would seem that your your loading doors are on the opposite side anyway they're not on the the Lawrence Street side they're on the opposite side so that would be your the all the access would be off of bman street right there's really no difference in this plan from from the last point right it not really um and as

much as I liked the idea of the last plan and in the uh the plans that they had for it this particular use would be I I think less detrimental to the neighborhood they wouldn't be having as many delivery physically it almost identical the addition is exactly the same um the only minor change is to the parking area on the North side that's reduced it was extended further to the

north on the previous plan um and we do have more parking uh I want to say there was 30 some parking spots on the previous plan where this one has 40 uh 40 one but they're more Consolidated in a uh in a smaller area yeah they was kind of scattered weren't they yeah how how many employees at the facility in total between the showroom the warehousing both both entities 10 oh

okay all right so you have plenty of part so in those hours it was Monday through Saturday 7 to 5 yes okay all right any other questions from the board is there anyone here to speak in favor of the petition is there anybody here to speak in opposition are you a four or against my name is Sonia and um I think they reach the neighborhood they're going to build they

going to improve the building and I see a lot of Hess people around so that will solve the problem because there's a lot of problems in that area can we have your address please um I have a house 57 street thank you 57 57 thank you anyone else to speak in favor yes Mar I'm the wife of the owner um live at 1127 South Main Street Long resid here at the city of I think will

be a big Improvement for the area and also we have a lot of employees that are residents of Far River too so I think will benefit both the Enterprise and the city and the citizens great thank you very much and I would just like to make a correction on Saturdays the operating hours would only be probably the showroom and the shop it's usually between 8 and 12: PM yeah but do yourself a favor

you might do much better than you were doing so you need more hours you don't have to work chairman I just have a couple of questions yes please um when we talk about manufacturing sure do you actually finish the cabinets is there a finishing process that you do here so there's the machine as far as applying but are but are there ventilation systems odors any there that's a concern in a residential

district M absolutely this isn't just a woodworking shop this is also a material finishing shop if you see one two three in the three y here um you can see the machines that we have yeah I don't know which ones right right right so that's what they there's a ventilation systems that come in and they have to be you can see them the owner's wife has a comment

on it go ahead can I speak the uh the majority of our orders uh because we are a a dealer already come finished depending on what the client wants for the cabinet and uh we also do flush cabinet they already come there's no finish the panel already has the color uh that the client picks I would say probably only 10% of our ordering uh that we do finish that we

have to paint okay all right other than that is there any specific location for offic space the same building as the sh the same the same room as the sh so in so in the other lodger building there would be no office space the the lodger building the 648 I believe would be entirely warehouse and Manufacturing um with it some maybe some of the warehouse space in the smaller building would be converted to office

space depending on need um but well just I want to make sure that when we get to site planer view that parking are based upon what you're actually building yes and then I see that there's been no relief requested with regards to parking or anything about setbacks Landscaping all those types of things you know you're going to need to comply with all the sections of parking in the zoning

byw as far as building setback like parking setbacks to AB budding properties all those kinds of things so there's been no relief requ of those items so we won't know that until we get there and then lastly is there any signage proposed so like in pylon signs or just as on the picture the build as the picture as we have with the picture I that pretty much so whatever is allowed

by right in a BL zoning District sure that's what you need to comply with because I don't care if it's on that plan sure so I don't I don't know what the top of my head what VL allows but it may be very limited so you might have to go through this process again to get a if if that's what we would have to do then that's what we would have to do in

in regards to the sign that's all I have Mr chairman uh one question Dan in terms of the parking what what is the required set back from a parking it it varies if you're adjacent to like a a residential purpose or something Z residentially then supposed to be 10 ft 5 feet if you do some type of a solid wall um yeah there's no residential I mean the so it's residential purposes but it

doesn't say what it's used for so I don't know it it abut the river trail obviously so the parking that is tight to the property but there's other stuff about you know Landscaping requirements sure all the percentages based on all that kind of stuff so I want to make sure that we're going to be able to comply with those things okay okay because we often end up with situations where we get to site plan

review and there is additional relief that's needed and then applicants become unhappy with the fact that they need to go through this process again so was the parking right up to the the recreation the trail area in the last permutation I don't remember there was there was a setback there there was a buffer there we only had the parking on the one side adjacent to the building right um but we

did have it extended further to the north so I mean we could go back to a similar uh type layout if need be you know if we have to might be able to cut those parking spots down on that side to uh parallel parking rather than perpendicular you know there's probably other ways to address it and once once we determine the exact breakdown of what the building's going to be what the parking requirements are we can

certainly lay lay that out should that just be left to site plan review at this point no no no it doesn't mean zoning it's got to come back here it's not requested in this petition you can't you can't you can't Grant it so again we often have this discussion about enumerating the the types of relief needed and hopefully the applicant requests the appropriate releas so you can act on the on the requests

that have been presented before you and I don't see an issue with any of right but again I want to make it clear that if there are items that do not comply then they'll have to either revise it or come back to you for additional relief and as I'm not the zoning enforcement officer I can't tell you that until it gets submitted there were other people in this building that do that yeah

I'd have to go dig in for the parking set back be honest with it unless theer has any additional changes proposed I move that we Grant the variant as request second and you might have to come back do you want to do operation pated no it's not um so hours of operation 75 Monday through Saturday yep and relief is specific to the requested relief corre not just what's shown on the plan y requested relief yes

yeah anything further yes yes uh hours of operation is Monday through Friday 7 to 5 Saturday 8 to two we're gonna leave it to have until 7 to but we're gonna leave just a window just a window of you can you don't have to stay open don't worry so that way if on a Saturday suddenly if at 2:30 on a Saturday somebody comes in and picks something up the neighbor can't say they're not

supposed to be working right now okay just in case you know if you go past no time is trust me all right okay any uh anything further on the motion then on the motion Ricky sah yes second did you get a second we did get a second uh and yes uh Jim ckins I'm getting confused John Frank yes chairman par yes who second did that okay thank you good luck thank you thank

you not because of us you're going to have to work until 5: every Saturday yeah thanks a lot overtime over you've had to come item number six Divine Development LLC 558 and 550 I'm sorry 554 and 558 third street map I 11 lot 13 the applicant seeks a special permit to divide the property into two lots leaving the existing three family dwelling located at the front of the property 554 thirr Street on lot one uh a

3,120 ft parcel of land uh with 51 foot feet of Frontage on Third Street and the existing three family dwelling located at the rear of the property 5583 Street on lot two a 3,744 square ft parcel with 15 ft of Frontage on Third Street the property is located in an A2 apartment zoning District take it away good evening for the record Jeff tomman from noreast engineers and Consultants here we're

representing Divine Development LLC the petitioner for the uh special prit request that's before you tonight uh the property as stated is at 554 5583 Street uh located on the west side of Third Street just north of Branch Street um both the uh dwellings 554 and 558 are three family dwellings um the property itself is located in the apartment A2 zoning district and basic on um cessor

uh records and U other City Records the houses were built around 1900 um as a result of these factors um what we've requested is a special permit under Section 86 423b um to divide the property so that each of the uh dwellings would be on a separate lot um as you can see the the lot lines have been drawn in such a manner uh to maintain a minimum of 4 and 1/2t setback uh to leave leave

maneuvering space to get around the uh dwellings as required um it's not the easiest layout but I think it is the best fit um the properties are roughly divided area wise into equal lots uh lot one uh does have the majority of the frontage at 51 feet as in lot two uh only has the 15 feet but lot two does have the uh the driveway and we'll have um use of the driveway um

with that I'd be happy to answer any questions that the board might have So currently that driveway is the only off street parking for both of these that's correct okay well it's only for the lot two right it will be but currently before dividing the lot was that only for lot was that only for the rear housee or was it catches catch can for either house I'm not sure what the the current Arrangement is

between the the property own and ATT tenants um I'm not sure who has the right uh to use that but moving forward with this division um that driveway would be usedful a lot too okay Dan anything uh no I mean I think the subdivision line is good it provides a minimum of four feet around the structure at 554 uh the only concern I would have is that when you just mentioned the existing asphalt driveway

would potentially be now 19 fet plus so you could fit cars front to back um this this new layout you will not be allowed to do that you'll only be able to allow a single line front to back y so overall there may be a reduction in in parking as currently on the site but I don't think it's anything substantial enough to question the the viability of the subdivision okay question separate

utilities of course yes no interior fing no interior fencing yeah that would be a ball um any questions little confused Dan talk to me you a letter from the building inspector that's what it says it says theal Services clearly marked boundary markers requires the utilities be separated the installation of clearly marked boundary markers to avoid the Sunday afternoon summertime arguments in the parking

lot the building inspector has has mentioned in the past that he would like to see that happen on that interior lot okay perent boundaries set all the lot Corners all right thank you Glenn any other questions seeing no one from the general public I will make the broad assumption that no one wants to speak either for or against in which case it's up to us Dan makes a motion to Grant with the

stipulations of separation of utilities and no interior offense and clearly marked property boundaries I knew You' do that second from Jim ckins on I'm sorry John did I'm sorry I didn't hear that all right therefore on the motion John Frank yes Jim ckins Dan here yes Ricky zahad yes chairman per yes thank you thank you have a good night you too moving on moving on I'm waiting for this

one this is going to make Happ your problems go away I know item number seven proposed zoning map Amendment discuss and make a request recommendation for the city of Fall River City Council uh with regard to the extension of the Waterfront and Transit oriented development District better known as the watd as follows uh easterly heard you never had me at the end of a 36-hour day uh easterly from the

easterly side of Deval Street to the Westerly side of North Main Street Northerly from the north side of Walnut Street Street to a point approximately 640 ft north of the Northerly side of whan street so let me give you a little bit of history of what we're doing you guys should all have this little handout I think somewhere either in your packet or hopefully it's scanned in but I'll I'll it's scan in so this was a

presentation that we had given to the planning board two months ago there you going Chris how you think I can read that as big as it is it's also on my iPads um so we presented this to the planning board two months ago y um um and they they voted to recommend what we're asking you to recommend again today so so what we're doing is what are we discussing we're discussing the expansion extension of the existing

wtod which currently runs along the edge of the Totton River easterly to Deval Street North what is the wtod the wtod was originally implemented to provide opportunity along our Waterfront Corridor for increased multif family unit density four units minimum multi-use residential retail commercial and recreational facilities reduced parking requirements reduced parcel size increased Building height and increased

lot coverage so what are we proposing as the chairman stated this proposal will expand SL extend the wtod zoning District in the following fashion So currently running along theall Street North uh which would bring you by the gas station by uh the new Riverview apartment building President Avenue Plaza continuing all the way up that side of Deval Street that's where it currently ends in the easterly direction

we would be taking that line and dragging it easterly to the Westerly side of North Main Street um and then in the north south direction from Walnut Street and I think you I don't know which map to tell you is the is the better one to look at but so you'll see on the left is the area currently how it is zoned with the yellow wtod District to the left and

then on the right hand side you'll see where that area is now being colored yellow so that would be the expanded area wtod now currently runs well south of Bay Street area and Beyond way way further down to much further north than than even this as well so what this does is creates a more uniform parallel distance to the water for this similar type of use so why now the Waterfront urban renewal plan of

2019 recommended modifications similar to those being proposed now the area that falls within the developable parcels through Route 79 project currently fall within the wtod district so the entire construction project that you guys have all lived through for the last year and a half and will for the next three that interior land that everybody's discussed those 19 Acres a currently owned uh zone wtod so the same

way that we are proposing to extend that area uh further east with South Coast rail MBTA Community station coming online the state has mandated that we submit and allow for a minimum required multif family housing density within a specific Radiance of the facility we've been able to um achieve interim compliance based on the existing wtod and they've actually the state has actually heralded the work that the city

had done back to when this was initially instituted for creating the type of zoning District that they want other municipalities to adopt as well um and I know we've seen a couple of things come through here but what we've seen is Parcels that are adjacent to the wtod right wanting to utilize the wtod zoning District when we look at Mr car's building at uh Riverview the building

south of that next to the gas station uh just south of Turner Street all of those were developed basically to the standards that wtod allows for but in the zoning districts that they're currently in requires special permits variances a number of other types of relief so this will allow them the ability to know what's coming in next door or what could be across the street allowing developers to think a little bit more

grained currently in these zoning districts that we're looking at getting back to the the the MBTA commun station stuff although we have multif family dwellings through this entire Corridor we don't get credit for it in their calculations because the land is in zoned for that so we could have a six Family House on 5,000 square feet yeah but the underlying Zone doesn't allow for six family houses on 5,000 square ft

we don't get credit for those multif family houses so what this will do this will bring a number of those Parcels into compliance and then we can get credit for those as well so the map the map Amendment will allow for the development and Redevelopment of the following it'll allow an increase in the unit density of existing structures to create new housing opportunities it will allow for the construction of new

structures that align with the current opportunities afforded by the wtod designation the wtod specific specifically provides protection to those industrial uses within Mill buildings in existence prior to 2011 so you'll see in this district there are a few areas that are zoned commercial Mill District now y the wtod even when they created it way back when because it did Encompass some of the mill buildings

along the Waterfront it gives protection to the existing uses so that they will not get shut out if those uses want to continue then again the Massachusetts General law provides grandfathering protection for all existence uses not currently permitted within the wtod so whatever anybody's got in it now is not being taken away it's just adding additional opportunities uh for the city and for developers to use and as I

previously stated it creates a uniform depth of this specific Zone running parallel to the Taunton River something we were we were speaking about when we were dealing with the interior fils which is now currently being master plan and speaking to master developers some of the concern is okay we're working within our bookshelf ends of Deval Street North and Deval Street South but what's going to happen directly across

the street of dval Street yeah is it going to stay what it is is there potential for growth are there other opportunities to be like-minded to what we're going to build to allow this to become even grander than what it is this will allow for that to happen so the way that this process goes and Chris knows it better than I do um we are required we could just go to the city council now

with just the planning board recommendation we wanted to give everyone an opportunity to voice concern recommend uh any Merit but this does come back to you for public hearing correct it goes back to uh a joint meeting of everybody not zoning board okay just planning board and the city council see how it goes so all this is is a recommendation this is not a resoning it's just asking

the city council to now look at it and go through the process listen to all of the abutters everyone gets notified there are public hearings and everyone has the ability to come and comment on it before it goes forward but this I know we've always looked at you know even when I was in that chair for 28 years um chairman Assad and chairman the Senus before that would often say you guys shouldn't be here

requesting some of this relief the proper way to do these things is to rezone and to change zoning requirements so we're trying to do that in the correct vein because similar to the way you saw the petition that came in for 101 President Avenue the almax plaza when they originally approached us I had explained to them that gentlemen we are in the process of extending or trying to

extend this WT zoning District that in six months you may not need to go to the zoning board of appeals and ask for variances they couldn't wait that was their decision to make and it didn't end up coming you know coming through anyway um but those are the types of relief that you guys will not be burdened with it will be through site plan review and whatever requirements we do now put in

this coridor and in the WTO zoning district there will be other discussions that will come here and discuss as well about potentially changing some of the requirements that are in the existing wtod having to do with parking Landscaping to make sure that what gets built so you don't want to you don't want to rub a lamp right and let something out of a lamp and then have no control over it so we want to make sure

that we are providing a framework in a cage to allow these things to happen the way that we want to let them happen so this is this is the first step of of going through that process and we felt that North Main Street the bottom of the hill would have been the mo best location when we go up North Main Street there are a number of partials that could theoretically fit in

here um and that was it was the cleanest easiest line that encompassed the area we felt would uh would meet or need this kind of development once we get to the north side sorry the east side of North Main Street we start having uh topographical issues uh a number of different things that would you know almost impede the type of development that that we're thinking about well you're picking up a school a park a lot

of other things too it didn't make much sense to continue further east than than this line maximum maximum height in the W maximum height now is six six units six stories that's 80 ft one of my questions can you expand on some of these yeah which way um like reduce parking requirements like one instead of two is that what you're talking no so right now so all this does

is it puts you directly back to what is already allowed in wtod and let me get let me tell you what those are

that's

overlay

86 175 one page off okay so currently in the wtod zoning district and I'll explain these to one by one right now the maximum Building height shall not exceed six stories or 80 ft whichever is greater this restriction does not apply to chim these ventilators tanks bulkheads the maximum Building height may be increased to 12 stories or 150 feet upon granting of a special permit by this board so that would still be the

case on anything that would want to go greater than the six stories or 80 ft parking dwelling units one and a half spaces per unit for buildings less than 50 units 1.25 spaces per unit in buildings that are 50 units or more so already an exceedance of what normally the type of relief is that we Grant restaurants and Retail establishments and no dedicated parking is required hotel and lodging

one space per each hotel room office space one space for each 200 squ F feet of gross floor area after 10,000 square ft industrial uses one space per 500 sare ft water depend uses 6 spaces per boat slip or moing mixed use developments that share parking spaces containing more than 200 spaces May reduce the required number by 30% so those are the only things beyond your normal parking or building requirements

that the wtod allows for now let's get down to the minimum lot size requirements in a wtod wtod zoning District minimum lot size 2500 square ft 50 ft of Frontage building setbacks are 10 10 and 10 Building height 80 ft maximum lot coverage 80% so again I didn't create this but a lot that's 2500 square ft with 50 ft of Frontage and 10 foot building setbacks you can't fit something on right so I don't understand

where the 2500t in because it's basically neg nobody's creating one lot here that allows for one house to be built in fact an 80ft tall building with a 40x 40 footprint that would be cool and so then here's here's what's funny so when we look at wtod for residential you cannot build a building less than four units yeah single family two family three family not allow right so I don't

get the 2500 sare foot there so these are these are the types of things but what that does for us is it allows us to bring existing Parcels into compliance for our mpta zoning requirements so if we have you know a 5,000 SQ foot lot that's got three units on it well it complies to the area requirement now so it meets the zoning requirements of 50 ft of Frontage and 2500 square feet so

now we can grab those units and get credit C so and just so you you understand you can look this all up chapter 3A um M uh Mass General law about MBTA um if we do not meet the parking requirements designated by the government then we are not allowed to apply for or receive certain funding mechanisms and grants um that are given to us by the state and that's all triggered by us voting to become an

MBTA Community which is which the city already voted to do two years ago I think it was roughly yeah December have been three yeah the last so again do we do do we think we already meet the requirement I do but you don't know that until they've entered all of the information into their Matrix I mean this is It's a I don't know if the process is going to go as smoothly or as

strictly as they initially intended because there are a number of different communities and lawsuits and I mean there are people fighting this everywhere so basically anywhere where there's rail or a budding municipality to to rail they all need to create multif family housing zoning which a lot of them don't have they don't have it so it's great that the burden is now being shared amongst the rest of the

Commonwealth the multif family homes um but it's those more affluent communities that are fighting this so we don't know where it's ultimately going to end right now the rules are still the rules so all we can do is do what we're supposed to be doing well I mean that may change part of the reason part of the reason we're we're going through Middleboro is the fact there are certain communities

north of us that don't want us to go St so and uh and this is exactly why so now we're taking a hard right turn and the governor put a lot of emphasis on this in your State of the State yesterday yeah well and a lot a lot of that is because of the push back and opposition she's been receiving from everywhere else she they have to go after that is

what she even the master developer the master planners that the Redevelopment Authority has just hired um to do this plan when they look at that WTO zoning District normally they have to Comm in and they have to tell communities no no you have to change this you have to do this they're coming into a situation where they've that groundworks already been late I can't take credit for it

because if I could I would but I did not I was not involved in this when when they initiated it the first timeous why don't we go further west oh there you go yeah or why why doesn't the Border go up to the water front which oh no it does go up oh no it is to the water front right now right now it starts at the taon river it looks like that there's L west

of the red line yeah anything yellow actually if you look at yellow yell it's not the line yeah actually look behind you you might see it better so right now that red line to the left that's where it ends now or that's where yeah or that's where the BL change what I what I will point out to everybody on the board is look at the variety of zoning districts that we're dealing with currently and

it's Prime space that you know people are going to want to develop um what I don't want to have happen is end up especially with the smaller sideline setbacks is a sea of 80 and 150 foot buildings well you know B bordering the water right so so what would have to happen there is I mean someone would have to buy multiples on they' have to buy blocks yeah in order to see something

substantial because there is still the parking requirement that they need to comply so not everybody is going to be building parking garages underneath their buildings so the way that we envision seeing things moving forward we we're expecting a lot coverage ratio of about 30 to 50% building footprint and then parking Landscaping you know with the rest of it but that's all being dealt with now but there will be

potential zoning changes to the actual W WTO do after we get recommendations from the master planner about what types of things we need because they're actually meeting with Master developers to see what what would entice you to come here you know if one developer comes in and buys all 19 Acres they're going to want to you know they're going to want to make sure that their investment is protected Y and

allowing others to do other work adjacent to them in a similar fashion or smaller fashion you know does give them some protection as well I I had told the gentleman at 101 President Avenue said I have to give you guys credit for being the first ones in although this is a difficult you know way that you're doing it you're you're you're tackling this thing so but that we're getting these

developers from outside of the area that see this need or the ability now to do this stuff in this Cara and I mean it's it's like nothing you've seen before I mean this is are are there itc's for those develop Vel opers working in investment tax credits for them right now we're not doing anything it wouldn't be us that would be federal or or or state level itc's she again in her her address yesterday she

proposed a lot more tax credits for housing yeah so this is just an initial step and the the public comment period will happen once this gets into the once the city CC start that proc I mean it's on our agendas it gets advertised but nobody looks at that but actual AB butter notifications go out before those public hearings so I'm sure it'll be like like some of the NBTA meetings

where I'm sure it'll be held at a high school I was going to say we be at the Fieldhouse of derfi do you need a motion uh to yeah so Mo support and that's all they're looking for as a motion to support yeah so a letter it to write letter it to the the council recommending that they take up the zoning map Amendment something to that effect I'll second okay on the

motion then John Frank yes Jim ckins Danier yes Ricky zahar yes Jam per yes no excuse me yes yes okay make a motion to wave the minute citizens import ask for Citizens import first what's the oh just to say that you asked for it is there anyone citizens input did you get this check in L all right minutes approval of minutes December 21 we have a motion to wave the reading and approve the minutes we have

a second second and on the motion John Frank yes J ckins yes Danier yes Ricky sahti yes chairman perer yes motion to adjourn we have a motion to adjourn do we have a second yes we have a second all in favor I I suppose you can stay here