The Fall River Zoning Board of Appeals held a hybrid meeting on Thursday, January 20, 2022, chaired by David Assad. The board considered three variance requests. The first petition, from Angel Estrella Molina, sought to convert a previously denied four-unit proposal into a two-unit apartment complex at an unspecified address. After determining the revised plan constituted a significant change from the prior application, the board unanimously approved the variance with conditions for a worksite and plan review. The second petition, from John Santos Jr. of Santos Family Trust, requested to subdivide an 8-acre parcel at 1630-1632 Meridian Street into eight lots, waiving specific frontage and setback requirements. This item had been tabled from a previous meeting for clarification. Despite opposition from a resident concerned about density and a shared sewer line, the board unanimously granted the variance with conditions for site plan review and a vegetative buffer. The third petition, from William J. and Laurie Asouza, requested to convert a two-family dwelling at 47 Lapham Street into a three-family by adding an apartment on the third floor. The board unanimously approved this variance. The final petition, from Jacob Barbour with attorney Mark Levin, sought to construct a single-family dwelling on an odd-shaped vacant lot at County and Roe Cliff Street, requiring waivers for various setbacks and lot coverage. A resident, Joe Rubello, strongly opposed this, citing the property's history as a dump, concerns about absentee landlords, and a shared sewer line. The board denied this variance in a 3-2 vote, as a supermajority was required for approval. The meeting concluded with no citizen input and the tabling of previous meeting minutes.
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good evening i'm david assad the chairman of the zoning board of appeals for the city of fall river it's 6 p.m on thursday january 20th 2022 we are meeting in hybrid format at one government center in the first floor hearing room in via zoom pursuant to massachusetts general law chapter 38 section 20 subsection f i hereby notify all persons in attendance that this meeting is being recorded with both video and audio
0:28devices fall river government tv alex mello is recording both a video and audio version if anyone desires to make an audio video or combination recording thereof please notify me now and i shall make a public announcement of your intention no one here no one online okay our recording secretary this evening although remotely is christine alex present this evening our permanent members john frank via zoom jim cawkins
0:59in person dan duper in person joe pereira in person and alternate member ricky sahari via zoom also in attendance is the assistant director of planning caitlin young and she's here via zoom i don't see bill kenny okay christine have all petitions to be considered been properly advertised and all interested parties notified in accordance with the rules and regulations of the zoning board of
1:26appeals and massachusetts general law chapter 48 as amended yes i declared the january 20th 2022 regularly scheduled meeting of the zoning board of appeals of the city of fall river open for such business i shall regularly come before it i remind all persons presenting before the board including the petitioners abutters anyone in support or anyone opposed to the petition that your presentation should be limited
1:52to three minutes questions and responses must be directed through the chairman the board's rules and regulations direct the board to specifically look for information which supports the petitioner's claim as such a petitioner should identify and factually support the basis for the petition i hereby advise the petitioners and all interested persons that this board is the zoning board of appeals
2:16this board's authority exists pursuant to massachusetts general law chapter 48 and is limited in scope and deals with the use of land as 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 zoning board this evening
2:42the 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 are 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 petitions and after a decision of the
3:07board has been made for example there is a city ordinance 2015-11 section 10-1 requiring site plan reviews a copy of the ordinance is available at 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
3:34contrary to the city of fall river's zoning ordinances the city charter section 9-18 mandates that all multiple member bodies 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 this meeting i disclose that an official copy of the floor of a zoning ordinance is available in the city clerk's office
4:03one cannot rely on the online zoning ordinance i also disclose that a new recodified edition approved by the planning board and city council in accordance with massachusetts general law chapter 48 section 5 now with its red grapefruit cover is the official copy are there any questions before we begin i cannot listen to agenda item 0 one angel estrella molina that would be cheered by
4:30jim cawkins and alternate member ricky sehati will be the fifth uh voting member
4:43do we have a representative for our angel yes sir uh john connell from scitec cec um here just uh on behalf of the applicant mr molina um this petition was before yeah okay we we just need to handle that first item of business uh as where this petition had been rejected in the or not approved within the last two years that uh could you please explain the the difference between this proposal and the
5:18original proposal so that the board can determine if there's a significant change so it can be considered yes sir uh it was before you on the 14th of july and denied for it was a four unit um proposal at that time four units with four parking spaces the uh the new proposal is a two unit apartment complex still the four spaces in accordance with the zoning and the footprint has shrunk on the home to
5:50provide some additional clearance between the property lines for access around the entire building that's the uh and that had gone through the um planning board on october 13th it was approved as to specific and material change at that time with the planning board thank you uh members of the board have you any questions concerning whether or not this is significantly different no questions i would move that it is
6:21indeed a significant change from the uh the prior application on this site we have a motion from joe pereira and seconded by dan duprey that it is significantly different this will require four fists float to carry uh john frank yes rick said hattie yes dan yes jill yes and jim yes all right i'm sorry you may continue well thank you appreciate it thank you um yeah as i mentioned the uh the new proposal
7:00is for a two unit um apartment with the four spaces conforming to zoning uh we've we've done uh some some shifting of the the prop the uh townhouse a little bit uh again to to increase the setbacks and we conform to the zoning as far as the parking goes um we work with the shape and the size of the lot which are which are difficult but i think we've we've put forth a
7:24responsible proposal and it will be beneficial um at the end of the day so i we would again again ask you to uh to approve this uh in accordance with the the variance request in the a2 districts members board any questions as to density what are your plans as far as number of bedrooms in each of these two units i don't have a uh i don't have the the floor plan of this but um
8:00i i believed they were two bedroom uh units but i i could i could double check on that any further questions is there anyone either online or impressed person that is in favor of this proposal anyone opposed i have no opposition or no proponents shown up could i have emotion one way or the other please i make a motion to approve motion approved by joe pereira conditions second by i'm sorry was it you john yeah
8:56and by john frank review worksite review what else you're not dividing it number okay based upon the plan as submitted and worksite with our plan review uh those in favor john frank yes rick sahatti yes dan dupree yes joe pereira yes jim calkins that's yes and so that motion carries and the plan is approved thank you very much to the board appreciate it thank you for the thoughtful redesign
9:41and i will go find the chairman
10:03agenda item zero two john santos jr of santos family trust 1630 1632 meridian street watts u85 and zero zero two zero variance request to subdivide the eight eighth apostle into eight lots leaving the existing dwelling at number 1632 meridian street on lot one the existing dwelling at number 1630 meridian street on lot two in the remaining six lots for future development waiving requirements in the r30 district
10:37for minimum lot frontage for lot 1 and minimum lot setback for lot 2. this was tabled from the december 16 2021 meeting for a more for a clarification of a plan jeff tallman i think is the jeff you this i am here okay so um as you can see we had submitted a revised plan um that added more detail to the to the subject lots lots one and two that we were requesting relief on in
11:08addition to the additional lots that we were showing on the plan uh just to basically show that mods three through eight would be conforming lots under the uh city of barbara zoning bylaw and to better outline the exact relief we're asking for on lots one and two um i know that was a big concern of the boards at the last meeting so um i'll be happy to answer any questions that the board might have just to
11:32quickly go over what we're looking for um currently the two houses that are on this property which are on two separate lots do a war granted uh relief um from zoning back in 1992 both for a lot with and lot frontage uh the proposed plan that's before you to a night as we before you tonight would eliminate three of those non-conformities and would also make the lot width um on
12:00the lot that 1632 sits on would increase that from 20.07 feet to 70 feet uh so that'd be an increase obviously of 50 feet on that lot um but we would be creating one new non-conformity which would be the building set back to the house at 16 30.
12:19so the relief we're asking for is the building setback at 16 30.
12:23um and also the lot width on lot one uh which again currently that lot is 20 feet we're 20.07 feet we're asking for a 70 foot lot you're now looking for a variance of 70 feet for lot one jeff you're increasing it by 70 feet no we're increasing it by 50 by 50 feet for a total yes yes and those now are the those are the only two aspects from the zoning by-law that you need
12:52relief from the other lots that you're showing lots three through eight are all conforming lots once the proposed 50-foot wide subdivision roadway is in that's correct but for lot number two's physical existence and lot number ones creation by that prior variance uh you couldn't you needed the setback on lot number two to get the 50 foot wide road coming in is that correct correct so there's only two there's only two
13:22variances that are required for this project that is correct okay thank you the plan makes it a lot clearer this time around thank you you're welcome members of the board questions dan joe no jim john no ricky even though you're not voting do you have any input no caitlyn anything that you have to i don't have any comments or questions okay thank you um is there anyone here in favor of this petition
13:59is there anyone here opposed to this petition i know that i saw an email today and shame on me for not pulling through the file right now there was a woman by the name of i'm going to have the english teacher maybe read the letter if she's got it i'm trying to find it i can't even lift my phone to get to the page the email was from uh uh mrs eileen
14:24raposa she also had emailed at the last meeting simply stating that she um was concerned about the proposal still concerned about the proposal johnson eileen repose here it is why don't i look at the last page here we go um today it says today so i'm assuming it's today 4 29 p.m dear zoning board my name is eileen raposa my address is 813 meridian street four of the mass due to covert 19 a compromised immune
15:03system and her husband just coming home from heart surgery i'm unable to attend any public fun i mean you're not out there are you no i don't see you then i would ask the zoning board to postpone the hearing on this matter um in addition to many of my neighbors are the opposition to the subdivision of the following 1630 1632 meridian street due to kobe my neighbors are also unable to attend
15:28we feel that is our right to okay i think this was from the last meeting we read it yeah just that's not new okay so eileen is still opposed and i think she sent an email today saying that she was still concerned about it is that correct christine okay thank you um this one is oh it's the same december 15th meeting appeal letter mr antonio daniel i don't think you're here
15:53but he and his father were both here last meeting and they were opposed to it correct christine yes okay and uh miss raposo was notified that there was zoom availability for tonight correct chris christine i think had that conversation with her today and said that it was available she could be here if she couldn't physically be if she could be here online and christine gave her the zoom uh credentials thank you okay
16:20is there anyone else that i didn't hear from who was opposed to this petition or in favor of this petition okay hearing none that's the full letter if you want to see if there's anything different the one we received today no that's fine okay members of the board we have this is what we have before us two items uh for relief on the uh the variants uh do we get a motion to grant motion to
16:50deny any conditions you're interested in i'll make a motion to grant with uh site plan review grant with site plan review by john frank i had a stitch here yeah i brought up the last time about a uh they're going to strip all the trees out of there like a buffer noise reduction from the highway i mean that that'll go to with the site plan all right so we've got john frank's
17:16motions we have a second honest motion all right so we have a second on the motion now we can discuss well yeah that's if that's something that uh site plan usually would take care of that but if that's something i felt the same way last time so we want to add in as a um you want to modify your motion to have no clear cutting caitlyn is that the language we want is clear cutting or or
17:42that there will be a vegetative border i would use the uh term vegetated buffer and it will be something that is reviewed through the site plan review process but also through the subdivision approval process as well okay yeah definitely for the highway the 24 there needs to be some type of vegetative border i know it's usually done anyways by practice but to put it in doesn't it
18:03let's put it in here let's let's make an expressive condition if that's dan raises it john frank says yes i see jeff tallman saying i'm not sure whether you're saying yes to me or yes yeah that that's fine this is it's in our best interest to have one as well okay development so we're not opposed to a buffer okay and caitlyn says yes that's the vegetative vegetative buffer is good yes
18:25okay all right so now with that amended motion dan dupia uh joe pereira's second yes yes any further discussion on the motion hearing none okay dan duper yes joe pereira yes john frank yes jim carkins yes chairman assad yes so that petition is granted with those conditions thank you thank you agenda item number real number one william j and laurie asouza 47 lapham street f-1837
19:00variance request to convert the existing third floor storage area into an apartment changing existing two family to a three family waiving all zoning requirements in an r4 two-family district uh does somebody have who's got that one that's you come on down and tell us what you want to do please sir okay okay uh we resided this place for 22 years we've raised our children there i've got a couple of boys in their 30s
19:40that share the second floor apartment uh there's four bedrooms on the third floor that have literally got just storage up there and they're full bedrooms each one of them has a closet there's a couple of additional rooms in there and an additional closet in the hallway our intent is to convert the two of the bedrooms into a kitchen and a bathroom have a full means of egress in the rear of the building and
20:05hopefully convert that into apartment so each of my boys will have a place to live without driving each other crazy as well as driving me crazy and that's pretty much it i'm just saying you're gonna have two egress right yes yes yes so there's right now there's a stairwell that goes up there to the third floor from the side entrance the house it was designed to have a front entrance so the first and
20:26second floors have a front means of egress and a side means of egress my intent is to use the rear bedroom as a means of egress for the third floor if granted um that way they'll at least be you know comply with uh requirements yeah um there's plenty of the rooms are large there's uh eight foot ceilings the rooms are 20 12 and a half by 11.2 or something like that so they they're
20:50large rooms they're big enough rooms right now they're filled with storage uh as i mentioned my children and both in their 30s so they really need to like spread some space out and so maybe that's a good reason to deny to make sure that if only it was that easy right unfortunately their rents dirt cheap so but you're going to have now again you're talking about something that's personal to you
21:16this district and it's a large line you've got 10 000 square feet according to this plan but it's a two family it's a pre-existing non-conforming based on where it is uh structure i heard you so you want to turn it into another apartment so it's going to have a kitchen it's not yes additional living space so it's going so the boys get a scratch ticket and move out tomorrow you're going to have somebody
21:41you don't know you're going to rent it out in the 30s well that wasn't my intention i've been there i know that's not your intention but practically that's where we are okay so it's going to be two it's gonna when you do the conversion it's gonna be a two bedroom yes all right so we're gonna have two new family two possibly two bodies moving into the area another unit okay
22:03uh where you have lawn is that going to be parking or any off street parking now right now there's uh there's a large driveway i should i think the site plan shows that there's a lot of driveways about 80 feet by about 20 feet for the the most part and then it widens up towards the carriage house in the back um so there's plenty of room or plenty of pocket in the driveway for additional
22:25vehicles which on occasion it is used for that already um i've got 100 foot of frontage with my property i don't know how many how many cars allocates that or if that counts for anything in the frontage um but we use the lot itself without the house on it is a conforming lot the two family is a conforming use in the area it's the addition of that other unit that you're here before the board
22:50because two family in the r4 district is the most you can have when i look around there are some three families there are some four families there's a few single families you know you're looking to convert i understand it's a variance that you're looking for so i think part of your argument would probably be the current building the building as it exists right now and what you're trying
23:14to do to buy to convert it so if the board wants to consider that uh but i think the the fundamental hurdle is just that you currently exist and you conform to the current zone in use and regulations and i understand what you want to do for that other unit so let me see what the other board members have to say i'm one of five dan any questions change the use job density any questions
23:42about the conversion i said they said two bedrooms so yeah no no i said two bedrooms but i'm saying just in terms of the offer district and another unit in there uh how many cars do you think you can fit in the uh in the driveway there's in the driveway i'm going to probably say probably seven or eight yeah right now our two units i wish i had a computer i could show you google earth
24:06um but like i said the driveway is about 80 feet long and about 20 feet wide on its narrowest point as you go past the main building or of the house it widens up by about another 15 feet down to the two-car garage that's shown do you use the two-car garage as a garage i do is that more storage uh there's uh room for storage on the second floor that's what we
24:28intend on putting the storage that we have on the third floor now as a spillover uh but yeah there's right now unfortunately the uh the garage itself has a couple of convertibles and a motorcycle so there's no room for anything on the first floor okay so uh and driving by it's it's apparent that this was a three-family house somewhere in its history interesting enough and what's
24:51interesting is the third floor bedrooms each have skeleton locks so i don't know back in the day what it was used for but i think at some point it was at some point then again if it was not a kitchen up there or a bathroom it would not have been in three yeah no that's but i'm listening to the four bedrooms and i think it's four bedrooms yeah i was waiting to hear that there was
25:14something a big family yeah okay jim anything john frank any questions any comments uh one quick question there was no um no exterior work to be done uh on the property right i know you mentioned you were going to use one of the bedrooms to do the stairway but you're not that bump out in the back that's one story that's not gonna go to three uh three stories now and put the
25:37stairway in there correct uh i just make sure i understand your question correctly we have to put uh an external stairwell on the external of the house to make it comply to have a full means of egress okay but it's all gonna fall into the footprint that's currently there or are you going to need any variance in either direction oh no no it should fall into the footprint that's currently there that was my question
26:03okay so is it is it going on the north side of the property which is your narrower setback than the neighbor or is it going on the driveway side i i believe that's uh if i'm not mistaken you're talking north and south yeah and i'll be your plan uh my according to your next door neighbor at number 37. no it would be headed towards oxford street that's where the egress would be it's in the backyard
26:26so it's got to go down towards the garage right and then possibly come down i haven't spoken to anybody yet regarding the best way to approach it but uh i by just by looking at it i would assume going out that because there's a full window there right now and uh i would think going out that way and then going down and around the building into the driveway probably make more sense
26:47um it's either that or or go the other direction so it's just a fire escape basically yeah because you can't you can't re-enter the building once you exit so you have to go totally externally for fire code yeah i mean so like you said that you're not gonna close it in anything like that no it's not gonna be closed then right that's like that's what there's the intention once you go
27:09out you're gonna stay the stairwell has to be out it can't come back in right all right yeah okay so i just want to just want to be clear it's going to be an exterior fire escape stairway you're not going to be building a a tower on the side of the house no we're not going to build a tower we just want to put a full means of you know a
27:31stairwell that you see these days uh you know as opposed to the old-fashioned fire escapes now they get the full uh stairwell that they put out there that they bolt to the house that that's the intention so if you're thinking of doing something like that john then it will be in compliance with the fire with the fire and the uh building code the second means of egress yeah that's fine i just wanted to make
27:55sure that they didn't need anything and yeah no i i heard i got that but i just want to make sure that that's where we are with it that that's all that it is it's just a fire escape means a second means of egress thank you okay uh caitlin any any comments from you anything we should know anything that we're not addressing um nothing i'm aware of john's last question question kind of
28:20answered what i had in mind so okay okay is there anyone here in favor of this petition is there anyone here opposed to this petition okay well you've got an existing conforming structure in a conforming district they want to vary it and get a another unit in there a large piece of property the building is skewed to the north the configuration of the building is such that all the work will be done inside
28:58you're just creating another apartment but it is a two-family district so do you think they've met the burden by shape topography soil condition hardship about the building if you have maybe if they think no then it should be denied motion's a grant motion to deny i'll make a motion to grant a motion to grant john frank i'll second sec dan jupiter yes dan japan second any discussion on the motion
29:27hearing none john frank yes dan duter yes joe pereira yes jim calkins yes chairman assad yes okay so that petition is granted i wouldn't do it i tell the kids to move out thank you all thank you thank you for coming agenda item number two jacob barbour here with mark 11 esquire county and roe cliff street lot k 6 18 variance request to construct a single family dwelling waving area frontage front side and rear
30:05yard setbacks and lot coverage in an a2 district mr chairman members of the board christine how are you doing attorney machiavelli 138 brock street four of the massachusetts representing jacob aboard with the uh property that we're seeking a variance on i'll give you a little history how the slot actually comes about before 1972 there were six buildings on one corner lot on county and roe cliff you see four of
30:45the six that were there there was a uh down on 31 another building that was lost in a fire and then this lot that my client seeks to buy to build a single family home this lot from what i can see in the records with the city was either a four family or a five family dwelling that as you see the shape the odd shape of the thing was done because it pretty
31:14much was the footprint of the building there was no parking it was just a very large building on that corner uh and that was it uh subsequently there was a fire building was raised and since that time with the sellers of the property the people that own it now looking at the history of the city of four rivers registry of deeds i see that the city has had to clean up
31:42the place many a time and there are a few liens to the city border health for clean up because it was being used in the area as a dumping ground and maybe a hangout or something but i have they they put up the property to sell they they're not local people that own it my client wants to be able to build a single family on this house so in designing the single family because
32:09right now based on it used to be a g zone just you know so there was no no really requirements before so they were able to cut it up back then without even a variance they just did it with a form a subdivision back in 1972.
32:24so this uh client wants to purchase this and as part of the study and looking at this with the engineers and myself we said well if you're going to build a single-family home here we want to since it's on the corner we have to make sure because county street's a busy street real cliff not as much that you're not going to block that corner because originally my client was going to put parking
32:50on the county street side to go out because this address used to be 137 county street and then we looked at it says no that's not a good plan put the parking in a different location so we get the two car parking spaces that were never there before and leave the corner open so that there's a full visual view from road cliff and county street on both sides so that
33:17the parking was put down a road cliff to make sure that there was visibility and that obviously it's not at the corner we would cause more of a problem and the building isn't there so the little as you see the little porch that will be on the west side of the property that's actually the entrance and exit on either side again to not put it on either row cliff or county street to block
33:44visibility so they'll you know they'll come in through the cars and go to the back of the property and go in now it's a very unique property uh it was sold off in 1972 it's been owned by other parties it has existed this way it's it's it's an odd-shaped lot and it can't be used for anything but an empty lot without a variance just can't do anything with it because it doesn't mean any
34:12requirements of zoning so that's what they're proposing they it was well thought out to try to make sure that it wasn't big like i said it used to be a you know it was either a four or five i really can't couldn't figure out what they were uh and it was a huge piece of property at one point that just really absorbed most a lot the piece below it on road cliff had another building that went
34:37down the same time i understood when this one did so i mean this is what we have uh it's either it can be built or can't be built and just be used as a junkyard i guess the city is you know got some liens by the current owners for maintenance because it was overridden by people that just use it for disposal thank you i think it was probably a sixth family
35:06it was hard to tell we just had to look at the thing and the fire was built january 1st of 2001 yeah oh you're right it was a six game lead there yeah it was a huge building i mean it took up the whole thing it took off you know that's why you have that little l because it took up the entire so it's going to be a single family the dimensions the dimensions are as shown
35:29on this plan two pockets 24 by 28 with that little bump up in the back six by 12 yep that'll be where the entrance next two off street parking spaces and it was purposely done this to make sure that there'd be full visibility it's good the visibility part on county street and road cliff street is county street's important yes it is i mean that's why you know we said you
35:51know when he first had well it has an address of 137 i said well it doesn't have any address now and that burned down yeah i think it had i think it had yeah street number was 137 county street before it was raised to you in a minute sir no problem we'll let you speak no you're here we're going to make sure that you can speak understand i appreciate your job okay
36:18um any i just want to make sure board members any questions that we need to address caitlyn anything that we should hear from you about uh just one quick question i noticed on the plan you've got an office building labeled as well as uh mixed use uh can you comment on some of the other mix of uses around i found out that's someone else down on pleasant street no i i was wondering what what kind of
36:44uses are surrounding the uh apartments all apartments the zoning line changes next to it right where you get into the bl district to the i think it's to the west right that's the building down on pleasant street that has mixed uses but everyone all the other properties surrounding it across the street and around it are all large multi-family homes multi-family okay thank you john frank any ques anything
37:16ricky anything we should that maybe you're thinking about we're not no i don't know who's in the lower right-hand corner but thanks for listening sure can you tell me who you are please uh my name is joe rival joe rubello where do you live yes i've been there over 40 years okay and that place has been cleaned by the city because jerebella tried to correct that area because that
37:50area has been a bad area for these years i did the best i could but that happened that public safety uh which nobody cares the absentees they don't care about the population you only care for the members and help with the city that's why they cleaned that property because i fought it because it was mice it was everything i have i have an exterminator and all of my apartments every month for my tennis
38:18to make sure my dentist and i don't believe my tenants uh i wanted to buy that property uh because of that but you but know guy never wanted to sell it to me and the sewage is going right through that property it was four properties not five properties four properties connected to the same sewer line and now i was valid and i am willing to take over not to build because you know i want that
38:53i i i am very proud what i've done me and my wife lifeguard like this so we work hard together our neighborhood everyday is not quite decent because people like you they have an accident the landlord and the one album and county i mean i'm pleasant and roughly as a disaster but i always get my guns and i am proud to all of yous this city to go buy my property and look how beautiful
39:29you got it the way that i see things is they getting rid of that on about to buy it on the city because the activities is coming and destroying our dropping our neighborhoods our public safety just like that property one of our fire departments a young guy went in there he's never worked it in his life anymore because the landlord doesn't care and if that's what i'm going to put up that's what i have to do
40:02i'll sell and i get out of the state and then you know i'll buy the property i'll do whatever i have to do that property has been a nuisance and is unwrapping and i made that happen and i am proud i'm not afraid i fight to the nail for the honesty i worked hard that's why i am paying for what i did on my life to get them tossed around by people like that that's not true
40:33i'm not gonna let joe rebelo go down like that with all your respect i am praying for you guys to do something because if we don't work together nobody cares you know what do they want to do they're going to make believe that they put them on at the world fam for one family and guess what they're going to sell it make money then they're going to be another action
41:01fee that's what we're going to end up with but the proposal is for a single family so it's not the theory is single family dwellings you have individuals that own it and are living there it really doesn't lend itself to for rental but doing nothing in the property i guess has been sold mark i mean no no we're under agreement it's on the agreement so we need to it's worthless no no no
41:32so what i'm saying is you have somebody who's wants to buy the property who wants to invest money wants to invest in terms of developing and putting a single family house there so instead of it a vacant vacant lot with no one taking care of it you'll now have somebody who's going to invest in constructing a single family dwelling and you'll have somebody living there first and i understand your issue about
41:58the absentee landlords that is an issue and but this is the zoning board maybe that discussion needs to happen upstairs with the city council no no i'm just telling you yeah i mean our authority is very limited i deal with with this board deals with use of land what you can do what you can't do what you've got right now on the corner of county and road cliff street
42:22is a vacant lot that was being used as a dump that wasn't being taken care of you now have someone who says i want to build a single family house over here they and the way they're proposing on doing it they've taken into consideration the traffic on county street the traffic on road cliff street and they're asking this board for permission to do that you're a director butter so i will let
42:46you speak and tell me about the neighborhood i kind of know the neighborhood i grew up down the flint um i understand and that's it that's an area that you say when you see someone who wants to invest money there you're kind of excited about it because it's not the absentee landlord who's just going to collect the rents and not be around why they didn't charge your name that i can't answer
43:12that is way beyond this board but mr levitt but mr levin is representing the individual you may want to talk about after the meeting uh what are they going to do with my sewer because so so so now listen now that's going to be an issue i don't know and i don't know whether i did not do that independent research about whether or not there's one sewer line all tied together but if you're telling me there
43:35is then maybe one of the con then maybe one of the conditions would be for this lot is that it needs to have separate utilities and therefore they'll have to then have its own utility for itself and however else you're if you're using that the issue may be you're going to have to tie into the sewer independently and not use that sewer anymore so be careful what you wish for i
44:03i really don't give it you're not no no i don't know what i'm saying i don't know there is nothing here that's being presented it's showing as a vacant lot if you're telling me that there is this common sore for all five properties then maybe the board will make a determination and say that this single need to needs to have separate utilities so there wouldn't be this combined single-family house with four other
44:28properties going into this common sewer line that may run through the property we wouldn't have known that because nobody brought it to our attention but you it is intended they'll have their own water and sewer yeah i from what i understand i mean there was a foundation and everything and that was no but if it was the floor i mean i saw the 72 plan where everything got carved up right if there is that common sewer
44:51and they haven't got it maybe this is the time to make it all happen yep well site plan review will require that right but i'm curious did you do the title i did the title but there's no easements there's no easement that was my there was nothing in the same comment i purposely didn't ask that question they don't want to go down that road in 1972 they weren't as sophisticated so i mean my guess is
45:15no no so what they excavated the building out yeah they would have i wouldn't remember the sewer lines that were there i i would have expected somebody to see either there was the easement in the chain the title that said we'll use it when they build it they may find it but if we want to put it as a condition separate utilities then you're going to force the issue yeah that's no problem that's good
45:38review will require that i know it's not but i want to make sure that rebelo understands that's fine that by raising that issue now that may be for the other properties that may turn out to be an issue for you all okay thank you mr rubella but you may want to talk to mr levin or whoever but this board has no authority i can't believe that yes i do don't believe that who
46:04don't believe that for the full fact okay do we ever get in touch with men okay i don't know let's deal with this one piece of property and after the meeting you can talk to mr levin all right is there anything else you'd like us to know i just want to know uh okay thank you uh is there anyone out there that i'm not paying attention to no okay members of the board that's the proposal um
46:30you have this uniquely shaped piece of property we knew that there was a six family on it we know that there was a fire january 1st 2001 it's been raised we've heard the problems in the neighborhood what do you want to do you want to grant the variance you want to say no let it just stay a vacant lot and let mr rebelo try to do what he needs to do with whoever the owner is
47:01i'll make a motion to approve motions approve grant by joe pereira do we have a second and obviously that would include site plan okay say it say get on your condition separate utilities for the uh for the lot for the single family house as presented with the driveway on the uh as shown on the plan built to the dimensions and the offsets as shown on the plan yes okay christine yes you you got the mumbles okay
47:36so that's joe pereira's motion do i have a second on that motion with those conditions second who's john frank john frank second motion second on the motion with those conditions any discussion on the motion hearing none danger no dan dupierno joe pereira yes yes jim cawkins no no john frank yes chairman assad yes variance doesn't does not pass that motion that petition is denied
48:16thank you your time nope thank you thank you mr rebelo so mr rebel you know that the moat this project was just denied they can't build a single family house right now you know i conducted them i'm not a beast not a human being just like anybody yeah no suits i i understand thank you very much for coming is there anyone here for citizen input is there anyone out there who what just
48:46nope i hear no citizen input um so we had i know christine was working on the december 16 2021 minutes i know that she hasn't finished them yet so we can't vote on those um next month's meeting he should have been on this agenda uh but next meeting i think it's on the agenda we already know about it um under our rules and regulations and 48 we'll have election of offices for the year of 2022
49:15and other than that can i get a motion to adjourn unless there's any other business we want to talk about here we go do we have it was there a new schedule that came out i i think christine has the new schedule she'll make sure that we all get the new schedule for our books all right great motion to adjourn motion to adjourn second by joe pereira any discussion on the motion all those in favor
49:37yes joe pereira yes john frank jim pawkins chairman assad yes zoning board of appeals for the city of fall river january 20th 2022 is hereby closed thank you all for your attendance