1.24.2023 City Council - Health & Environmental Affairs

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the calls to order the committee on health and environmental affairs here here pursuant to the open meeting law any person may make an audio a video recording of this public meeting or any transmit any meeting through any mediums attendees therefore advise that such recordings are Transmissions are being made whether pursuant or unperceived by the present and deemed knowledge and permissible

item number one citizens input anyone here like this madam chairperson Carrie Lima Carrie Lima

you can share that or you can wait till we open up the meeting you'll have longer a longer time to do that Madam chairman yes Council you know the neighbors are here I mean I'm not going to hold them for three minutes I agree with you no they're saying that thing but they're here as uh objection to the business and you know we want to hear what they got

to say and I don't think they'd be able to say it in three minutes to be honest with you I agree with you 100 so anybody here not for item number three that would like to speak at citizens input okay well let's uh okay let's make a motion to um picks up the minutes for September 27th meeting item number two motion approved all in favor motion approved item number three resolution to discuss

the public health concerns on 222 Peckham Street the resolution was filed by councilor Pelletier councilor Pelletier if you want to come down to the table

whereas numerous complaints have been received regarding the property located on 22 Peckham Street whereas several junk and inoperable vehicles are stored on the property allowing rodents to breed and multiply whereas trucks are used to transport sea group seafood and frequently cleaned leaving Seafood debris on the ground that is not being removed and whereas residents adjacent

to the property are continuously working to control the rodent population and living with foul odors and rotting seafood and whereas many citizens have been issued by various departments regarding violations of the code of the city of Fall River therefore now be it resolved that the city council committee on health and environmental Affairs convene to discuss important public health concerns

all right I got involved in this a while ago I guess and I think the city of Fall River was too you got a special packet that was made this morning I sat down Mr Hathaway the bill inspector and he made this for us tonight to show what's been happening there and you got some dates going back to 218 and he had to store on South Main Street all in the

good and he basically bought that I mean I can't talk for him it's supposed to be Tupac the trucks there and and then uh it was this thing and this thing then he sold it next thing you know you got trucks coming in backing into the dock well you don't back into the dock if you got a can of tuna fish I mean you you back up because you got something he

wasn't I understand uh moving crabs around and all that stuff and the neighbors have been complaining and complaining so this is it we're trying to squirt us away uh we had I had Lauren uh the clerk of committees called Boston for me to see what's going on and what permits that he needs and she's talking to some young lady in Boston she called her back today with a little bit of information but she's

going to make a package so we know where we stand with this as far as the city is concerned I don't know if they got permissed or not permits it seems to me that he's had no permissions to do anything he just moved in and then does what he wants and uh the Neighbors come down and speak and it's it's a noise leaving uh the refrigeration running early in the morning it's the odors

uh it's the the mice the rats uh in the neighborhood they told me there's raccoons and everything so I don't know if it's a zoo or a fish or whatever he's doing in there and uh so we're trying to square this away so we got a few of the people tonight that will speak on it so I'm going to yield for now okay thank you I'd like to have um any of the neighbors

that want to come down and talk on the matter come down to the council floor

Glenn would you like to come down this foreign

ER of the property here would you like to come down as well thank you

can start off by uh saying stating your name and address for the record please my parents own the property the one that first flew my world was on the Fest the third floor thank you very much

thank you Glenn Hathaway City for uh going to commissioner City of Fort River

but why don't we start with you I prefer him do you want to go for us okay the the Bernie family has lived at 91 Willie Street for over 67 years we've had uh Hood's ice cream in that building before uh coffee Sam food service so we've always had a business in our backyard always Lisbon's issue began when they first moved their trucks onto the property Refrigeration units as Mr Pelletier said

units operating all time of the day and night I contacted with the with Lisbon by phone spoke to a female said that she would do something about it never stopped several noise citations were issued by the police and eventually it did stop noticed Lisbon was using the building more and more and the odor of decaying Seafood was in a year on warmer days when there is a south or west wind the

stench becomes so bad that we as a family can no longer use our backyard and that's resulted in us calling the city several times box trucks and trailers I left at the loading dock the rear cargo doors ajaw produces a much of a lingering stench that comes from those those inside of those those trunks we've witnessed men on the docks watering down the box trucks the trailers with water hose spilling

the debris onto the pavement

photo of that

and they come in our yard during the night squirrels live inside the building they produce Offspring on the which will be the east side and then the birds are nesting inside the building as well on the south side there's a trail of parked against our dividing fence not used for transportation but only for storage rear door always open swinging back and forth whenever there's wind that just slams against the door it

against the side all the time there's now a box truck parked on the property with the top of the cargo area most sheared off most likely from Impact with the bridge the property is the junkyard and it's there's debris everywhere and the the odor is though is is not uh you just can't take that it's not fair to my family or to the uh Leonardo family for this not to be able to use our yard

because they don't care and they don't care they have video of them using the hose to water down the truck I have them on video as well throwing buckets inside there with water and the buckets are going onto the ground we have pictures of the rats we have pictures of the raccoons and we have pictures of where the squirrels and the birds of them video is the video of the of them washing down

it's about about 40 seconds

second video is with the bucket the third video will be with the bucket

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technical assistant over there cut it we'll move on though to the rodents the raccoon on the building and just slide the pictures they went behind the facade and climb up through the facade up toward the roof

have my technical assistance yeah can you save these yeah it was a family yeah

is that the truck with the door open this one opens to the side the others open up toward the roof

that's the that's where the birds live and they live inside that hole that's where the squirrels live inside that one you could see the debris running down there in front of those girls yeah okay and then the the additional

I can see where there's other unregistered vehicles that have just parked there so it's a little hard to see it you can see that there are other this here there are other vehicles right here with the air conditioning unit on top they stay with that they've never been out when they came in when they first opened and they had to tow it out so then they can send them to the court have you seen these

are just Silva share them so you want to see them sure do you yell I'll rest okay thank you

for own 248 pack room Street for the past 47 years it's been a good Community with good neighbors until Lisbon seafood opened up I have a non-verbal severely autistic 11 year old child who is cognitively cognitively at the level of a four-year-old she's homeschooled she greatly enjoys spending time in our small backyard we share an adjacent fence which is the truck that has a Swinging Doors is

parked against our fence she loves being outside playing around her sensory swings and her toys but since Lisbon seafood moved in we've dealt with horrible stench it's horrible in the summer especially it's so bad that we got to go indoors um like he mentioned overpopulation of rodents and mice raccoons squirrels because of the trash that the property itself is just unkept he doesn't have

footage of it but on the opposite side there's a boat and there's just meta metal boxes all piled up to the top of the fence we've witnessed loud arguing swearing amongst the co-workers on the loading docks of Just Trucks running day and night moving product um Miss Pam I don't know if you've remembered me but I I sent video to you in the middle of night from the second floor of my phone showing video of of

the goings-on next time um and then in 2019 a large truck carrying crabs it was backing up into Lisbon seafood um gate and they crash into my car my Elantra and they totaled it because they bent the metal frame so the car was totaled um the business has become basically a junkyard in a decent residential Community we're told to file complaints with the proper channels and we've done that multiple times

um following those instructions but unfortunately not much has happened and as a concerned Citizen and a Special Needs Mom this business is unsafe and it's unsanitary in our area and unfair I'm kindly and respectfully asking that a resolution be made so that we can begin to enjoy our neighborhood again like we used to yeah thank you you're welcome Mr de Silva would you Carrie can you pass the microphone

there was an issue in the beginning when we first got there we were we were transferring product from truck to truck um I then she's going back to 2019 where we're in 2023 2022 there hasn't been any incidents of any kind of any of to the Board of Health for at least eight months now okay we've been trying to control the problem I can't do anything about I mean I didn't even know there was these

these animals on her roof it's the first time I see it um rats I haven't seen a rat in the building I've asked for an inspection last week for them to come down when I got the letter ask for an inspection they denied an inspection I wanted I wanted to show me if there's issues so I can take care of them the right way they wouldn't they wouldn't allow an inspection they said we're just going to

go down to the to the this meeting and um and go over it all did you ask I asked right he said no um I actually called Bob Bob De Soto first and um he was sitting with them with the inspector so he they denied it um I I have it I do have a truck there that was just hit last week ran into a bridge up in Boston but nothing is being

brought to that facility nothing it's all storage it's all boxes it's lobster traps we we mend them we fix them we send them back up to Newport everything that's being rinsed is being rinsed up in Newport now at the dock we own two boats two fishing vessels and that's what we do we um we've gotten we've sold Lisbon seafood on low Corners which was where we originally were we started there in

70 1975 my dad before me 10 years and I took and I took over for another 37 years I we're very familiar with with smells and and and problems with um these type of issues I've yes as it has happened where trucks come in they all guys open the doors and they shouldn't they open the doors and there is there is a smell they they try to clean them that's probably what he has

on video where they take bleach and scrub the truck down and clean it up um we've we've tried to maintain as much as best as we can that area I have gone in there plenty of times now I haven't seen anything on the ground we've cleaned up the vegetation I don't see any rats I don't know where they get Rats from but there isn't a rat in my building not one we

have containers we have boxes everywhere well he clearly has pictures of him well he has one rat there I have there's none I mean you can I'll send um you know a pest control guy in there but there isn't none the the raccoon I wasn't even aware of that that's they're not you know I don't know if they're there because of any any smell I don't I don't think um the boxes that we use the empty

crates they pretty much dry and they come in um I don't know what else um the the trucks I've one two three four trucks there are all registered trucks um we use it for storage at one time we used to put them on Globe Street we started getting the police department to start tagging them they were starting getting tickets so I figured I'd bring it into a property into a into an area

and now it's something else and I understand the issues and the validated issues that some some of those things and the best I can do is to take care of them in the internet that's you know that's what yeah in a way it like I said I wanted an inspection to to go ahead and and have the city tell me okay this is this is the issue we have I mean Glenn

um Glenn called it a junkyard the other day and I said listen you know yes I have boxes all over all over the place but there's nothing that's their junk to throw away it's all storage It's All Storage there's Lobster there's Lobster boxes Lobster crates there's um fish Vats stacked up there's totes there's um barrels oh type all types of stuff but it's all fish Fisheries stuff there's nothing

that's going to stink smell or make the type of uh problem yes I I've eliminated try to eliminate I try to eliminate the box trucks being open there is one trailer that's open at on his side of the property that's got nothing in it it's just open and the reason we've left the door open is because every once in a while I'd see somebody looking over the fence looking what was going on and I

said you know what just leave that door open so nobody's really looking you know and and I understand the guys on the dock I get it you know they hang they're hanging out or whatever they they have some exchange words back and forth I'm sure you know what I mean I'm not going to deny that um and I I'll put I'll try to put a handle on that also obviously um

I really don't know what else get I can do on my end and like I said you know I'm here to um to be able to make it better okay so just a couple of things you said that you don't have you weren't washing trucks there anymore but then you said that they are washing down trucks there with bleach they must have yeah not lately I haven't I've told them that all

the trucks have been cleaned up Up and Up in Newport I don't know how old that video is that's that was my question I wanted to know how old it is you know you have a video that's we had an issue at the beginning yes I tried to you know every time Bob Soto's been down here he's he's told me oh listen this is the issue somebody called about this I go down I take care

of it you know and um and there is no no no no transactions being going on there there's no fish being brought in anymore there's no Seafood being brought in nothing what are the crab legs from then crowd legs is probably in the crates in you know like um when they when they empty the crabs which would cause a horrific smell is what they're smelling in the neighborhood you'd have to have

an abundance of of them and there was when I was bringing trailers to that facility but I'm not that I'm not doing that anymore so they shouldn't be counselor by the way I just have a a few questions for you who said that this is all being washed in Newport now when did when did you switch to doing that Newport about eight months ago six to eight months ago so then to the residents

Carrie and Lieutenant last summer was this smell better over the no just recently even in cold weather we've smelled just recently so could that be from the crate Center outside I know you said that they've been cleaned out and dried so two questions could that be from those crates that are outside have you seen trucks still coming last time Bob Soto called me which was I think I might have been September of October

there was a truck that came in with empty barrels and those barrels were bait barrels he called me and I went down Andy they took them away that was the last time they called and that was that was it I'm not you know I know you're you're not saying to places perfect I'm not saying that and I'm not trying to use that place as a facility I I noticed a lot of feedback in that

area it's a neighborhood like the inspector said and I understand there's neighborhoods all over the city you know I dealt with a fish market on Globe Four Corners offer to you know 37 years I know you know and we've had chemicals and products and Zep and you know all kinds of stuff done to be able to live in that to be able to work in that neighborhood um I mean you go by David's Fish Market

you drive by there you smell Seafood you smell fish there's no getting around from that but like I said at 222 Peckham Street so do you have you do the neighbors smelt it lately even in the cold yeah yeah just recently but have you seen any activity there recently so what are they doing there if they're there

what are they doing we work we work um they work on on gear on pots on pumps if you go inside the building you'll you'll see what's what's being worked on and so there's nothing there's nothing there's no there's no fishing no season so I feel like some of these things could be easy fixes obviously if if one truck was damaged it and the roofs off and and that's why

it's there it's going to be repaired or insurance is working on it I should have in it waiting I called I called Donald Medeiros actually today Insurance Agency about it and then the one that has the door open I understand your reasoning for leaving the door open can we do something so that it's not banging and close that door that's not that's not an issue um and then as far as the boxes

and crates I know you said they're there and they're kind of everywhere in there for storage can you put those in the building but the ones that are outside can you we'll have to look and see which ones are outside I don't have there's nothing that that's the reason why I called I was calling Bob De Soto to come down and inspect because there's there's nothing out there that's that has any smell at

all I don't I don't see anything if you I mean I I let you go inside the building if you want I'd like to go outside to Poland you tell me you let me and see I mean you know I don't see anything I mean if there's there's oh I'd like to to find out um I'll do whatever it takes it takes to be to be good with the neighbors obviously I'd like to hear

from our billing inspector and then if if he could um set up an inspection and and figure this out so I won't yield it for now um Council Pereira one was Barrett Street and Peckham Street what's at Barrett Street do you have a location there it's just the entrance the entrance to the building is is it's two addresses so those two addresses do you live around there I don't live I live in Tiverton you live

in Tiverton yeah what permits do you have for this building there is no permits you have no permits to no have trucks or use it as a storage area or anything like that there's no permits needed for that no however when Lisbon bought this building he was advised by me to go before the Lord of appeals for a variance uh requesting a permission to start or use the building or the property for anything related to fish

or seafood or anything of course he was preparing to do that uh this was going back when he first started the advice you gave me was not to move my business into that building and then I went that way I was going to move it completely and then I decided not to because there was so much feedback from the neighborhood to do such a business so I says no so I'm just

going to use it for storage and that's what I do I don't do I don't do any transactions yeah I don't have I don't bring in Seafood anymore I did in the first month that I was there but I don't do that anymore I don't bring in so I try not to bring in just empty trucks and I store them overnight and that's all but there's people that are working there whatever they're working

on there's Lobster pots or fish spots whatever you bring in right that's not just for storage because people are cleaning them there you have a Workforce there so you're doing more than just storage it's not really fair your neighbors that there is this stench and for you to say as you said a little while ago you go by Dave's Fish Market annual smile I'm there every Friday for fish and chips and it does there is no

odor there everything is in the back everything is clean it's in the back there is no over there I'll deliver there also so I I know and it's very clean yeah it's very clean so there's not there's not a stench there but the stench that's here isn't because of selling the fish or like it was at a fish market but it's all of the debris that comes from those trucks where in Newport are you washing these

trucks yeah they're on the fish Pier steak fish beer on the state fish Pier they allow you to wash them there and when do you wash them there how often every time we have products products so once a week you're there and they get washed out there correct so the product stays there no the product is delivered so where do you deliver the product to different fish markets so then when the

truck comes to Beckham Street now you got to wash them because you just delivered all your products no it goes to it goes to Newport the truck goes back to Newport empty to be washed there correct it's a lot of money and gas going backwards the thing is we we keep two of them up there all the time we trade them back and forth all the time there's there's two trucks that are kept

up in Newport there's a Freightliner Truck most of the time is up to move forward the one smaller one I have so we go back and forth all the time and it's not like it's multiple trucks like this week product came in trailer went went up from Canada to pick up the crabs and they would illustrate went to Canada Prince Edward Island I didn't even get to do any deliveries I didn't

do anything so it's it's always different it doesn't it's just difficult for us as a council to get these complaints from residents right and if you look at this is all the complaints that we've gotten I mean you've paid a lot of money in fines along the years to do this but it's you know it's just not fair to the neighbors that something's not being done and there's many times here that

the city has gone out Mr Hathaway or Mr DeSoto they've gone out and said you need to do this and this and this and if you did that then you wouldn't get a fine but you're getting fines so that tells me that things are not being done quick enough at all I didn't get any fines there's no fines

yes thank you right but on this one here it says that it was a 300 fine yes there's several like that yeah we didn't never pay them probably not I would like you was taught you your last statement you were saying you had advised him to do something when he first opened the business in 2017 can you elaborate on that a little bit more yes I was uh I advised him at the time that he needed

to go for a zoning opinion of variance in order to operate a fish of any type whether it be storage cleaning whatever okay his business plans were for that location um he asked me at the time can I start a truck there yeah you can that's what the building is it's all it was a warehouse storage facility yeah you can store a truck there does that mean you can store

fish in crabs legs and rinse them out there no okay it's storage it doesn't entitle you to wash stuff there that doesn't mean that a company like Robinson Supply a plumbing company is not washing their trucks in their yard but they're also not carrying fish every day so the liquid that comes off the truck and sits around in the yard of the drains is what's flementing on hot days and irritating the neighborhood

yes we've been down there I can't begin to tell you how many times in the summer months especially when the weather's warm when the wet wind's blowing the right way and he's doing the right thing he's washing his trucks in the early days and in the early days we would go down there the guys would die I'd call them up and send them down there and they'd give them a warning

give them a verbal warning they try to work with them correct the situation and that's how it started and eventually it got to the point where I got frustrated and I said no stop citing them you can no longer just talk to him yes I'm not saying he doesn't correct the problem okay he corrects the problem that day and two weeks later he's back at it again and it's not him it's his

employees but he controls his employees so I'm not blaming victim but he is responsible for his employees so in order to get the message to the employees I advised I insisted that every time an inspector went down there they cited him now who got the citation is it been paid I have I can't vouch for that okay um I do know that he's been cited and that's through my frustration of going

down there and getting no results of having the neighbors call uh continuously so two things I advised them early on to go get a variance in order to do anything with fishery or seafood or any of that such for that location he chose to back out of the zoning I think he scheduled a meeting got on the agenda and he backed out with his attorney at the last and minutes or an

hour before I I can't remember the exact details but he chose to back to withdraw uh so we've done that of course and I'm about to do it again because now he's carried more stuff since he's sold glove Four Corners so he is storing more stuff now than ever related to the fish or the seafood business than ever before now does it have an odor I can't go up to and smell it the

plastic containers they've been washed they've been cleaned but the place if I was the neighbors I'd be concerned about the the looks of the place it's just it's cluttered it's in and there's some overgrowth along the neighbor's side of trees and shrubs that don't get cleaned up that's disturbing that's why you're getting the rodents or where they're coming from or where they're harboring there was a truck buried in

some of my pictures that I supplied the council he it's been there for a number of years I don't even know if it's still there it's probably the trees growing through it by now for all I know um he responds he corrects the situation today and next week he's back at it again okay and it's not Victor himself again it's his employees but he's responsible for his employees he's responsible for what

goes on in the yard because he's the owner how come I guess I don't understand the process he's not made to go and get a variance like every other business it's about time I did my job because I think that needs to happen I mean and then that he goes that process would be what he sits in front of the zoning board correct correct correct so Victor asked for a an inspection by the

Board of Health one of the Board of Health Inspectors for the medical inspectors a couple of days ago and I happened to be with him at the time the call come in and I refused to give it because he wanted to clean bill of health to come before you people tonight and say show that that the place was clean that's not what I asked for you asked for an inspection correct and I wasn't

looking for a clean bill of health I was looking for a guidance of what you were looking for and what I need we've been giving you guidance right along crab legs anything to do with seafood anything to do with Otis from The Fishery business that's the guidance we've been giving you but it keeps coming back to haunt us yeah so um how would he go about getting a variant how would that happen I will uh

send him a letter okay requesting uh cease and desist at that location for anything to do with seafood or uh Fisheries fishery anything related to that uh perhaps even parking trucks there that are related to uh hauling seafood or or anything of that such nature and um he'll have to take in hire an attorney and we'll be for the zoning board and and get approval for this um I will based on

some of the decisions here I guess uh I really need to sit sit back and and uh enforces owning ordinance that I was hoping he'd Rectify before this point but he hasn't yeah this has been going on for since 2000 yes it has 17. through my frustration he's been cited he's been and he and he takes care of things for a couple weeks I think the neighbors will vouch for that but then he's back at it

again but now that he's closed Globe Street um and he's stockpiling all kinds of stuff over there it seems to be getting worse so accounts do you yield Council by Liberty I make a motion that we table this oh okay did you want to talk no let me speak first why did you not go through with the variants before no the variance was for a complete Seafood facility I think that's not what I wanted to do

in that area because like I said I was getting a lot of feedback from the neighborhood so I says I told the attorney to back out and just use the building for storage and that was way in the beginning in 2017. correct okay so um storage and washing the trucks but you're no longer going to wash the trucks there they're being watching Newport that part I understand about this there is

I don't understand what I'm going to be going in front of a variance for so is there something in our ordinances that if it is a seafood business that you need to have a variant so the area building yeah um has a classification by by uh by our tax records as a commercial wholesale warehouse okay storage facility okay and as is such there was a you have a copy I think in your in your in the

packet that I prepared for you um that that gives the zoning okay now that zoning dates back prior to the early days of the warehouse being built and it's allowed to remain what is so it's let's consider it a local business okay as a warehouse storage facility it doesn't entitle you to bring in seafood and anything of that such that's going to cause a nuisance to the neighbors or the neighborhood and that's

my problem with the zoning issue he has okay so he can bring in a 50 a 53 foot trailer or one of his trucks and he leaves in the summertime he leaves the refrigeration unit money all night and he has to to keep this the product from from going bad that is run by diesel fuel I'm assuming and it's annoying just listening to it you if I was on either side I'd be shutting it off somehow

because it's running all night long that is not what the intent of this building was designed for or was used for in the past so we could consider that a change of use by the zoning board or by myself we could consider the fact that he's hauling Seafood using the facility to start uh equipment that's associated with seafood as a change of occupancy for the building along with the change of use

by zoning standards so and he we've discussed this early on he's well aware of it he was he was doing real good he's getting a little sloppy he's gotten uh sloppy over the years uh and again um I think it's time we settle for Arizona so let me ask you a question if if there was a c synthesis what does that do to your business in the meantime waiting for variance

I got no place to store our trucks I don't know place to uh fix anything do anything inside the building there's the thing is if you send an inspector there to see what's being done we've repaired we repair pumps we do maintenance on on all kinds of stuff that comes from the bolts so I I understand that and I I understand that you're you know willing to to work this out and it's I think Mr Hathaway

said he explains it to you you correct it but it's your employees so I guess my next question would be what are you telling your employees so that they stop doing this but they're not supposed to be how many how many employees do you have oh four I don't have any there's no fish there there's no crabs there there's no so I think so what I'm thinking possibly so he doesn't end up

with a cease and desist and not be able to work for a month or two months because I wouldn't I want the neighbors to be happy I don't want it I don't want your business to cease operating for two months um and it where it's cold weather now hopefully you know this might be a good time to do it but maybe if you go for that variance and have proof that he's going for the variance

then we can have something documented of what can specifically can and cannot be done at that building does that make sense um and that gives time I mean you have to apply for it's going to be a month or two but we want to get it done before it starts to get warm again and then these things that if you are you're not going to have an issue what's that which issue they're not

gonna have an issue with but so they're telling me that they still I don't what about the uh so so on top of that I'm sorry can I just on top of that can we also do an inspection there and so that we can have everything I have it on a list Council to ask Victor to allow me to do an inspection of the entire property inside the building and outside

based on the fact of the records and I wouldn't encourage him to do a pest inspection as well the problem with the pest inspection is if he does one and there are rodents all that's going to do is send them to the neighbors so we don't want that either you'll have to hire an exterminator right but they can go in it's not a problem okay but they might be coming

for the things that are outside I mean I'm assuming if you've been watching the trucks there for years even though you have stopped they're still going to be debris that's just sitting there I mean the animal's smelling it I I think that's going to be I think that's gonna be for for a while that they're going to be able to to seek that out and think that there is you know food there for them

um but you know I would say if you can um you know speak with Mr Hathaway get the variance that you need and get a very clear description of what can and can't be done at that location um with respect to Seafood as far as what you're requesting um how do you feel about the the fact of a 53-foot box container uh with the refrigeration unit running no I've gotten those calls okay if you have your

windows open at night I mean that's I mean I don't want that to be one thing that I'm going to pick on but this it's that's the noise part of it we have a noise ordinance we don't have the equipment to test for noise for sound after 10 pm so I get that but I but at the same time of an area in order to but we have like so say

we have and this is another one a council pelletier's um that he brings up we've got the car washes that have the music playing the the um the vacuum's going and we've put time limits on on when they can use their vacuums because it's right next to a a multi-family that people are trying to sleep at night I would think it would be the same thing with a refrigeration truck that's running all night if you

have your windows open that's just do you still have your Refrigeration trucks there no they're not running um no longer no longer and will not be so that's maybe but something like that but I want to explain that that building at one time had like you said wood ice cream was there there was units in there that would make a lot more noise than what if a trailer but in the middle of the night absolutely

that wouldn't so they had with their Refrigeration with their refrigerator the boys and there was no and there was no Refrigeration units running all night freezer how do they keep the ice cream right the whole thing is on the side of your of your building but it didn't make noise not like the trucks running they didn't have trucks with with products that were running all night but you're not gonna

have those there anymore so if we could have that laid out so that you know come July we don't have them an employee bringing the truck back there and then we were all over I think the variants could lie out what can and can't be done that would be my suggestion do you do you I yield so um I just have a hard time believing that there's no problem down there

there's no smell this has been going on that's why I asked for it well yeah but since 2018 they have there is documented pictures of rats you didn't know that there were raccoons living in your building you found out today you know so there's a lot of problems down there not inside they look like they're peeking out they're saying hello so I mean there are you have issues down there so just come

here and say to the the people that live in a very densely populated neighborhood with ocean fish smells I mean there's pitches of crabs to say that there's not an issue is a big problem there was a motion on the floor made by Council of pellet counselor Pereira to table the issue go ahead I'll yield I'm a little confused because at first there's no product there we just keep it storage

but then we've got a refrigeration unit that's running because obviously there's product in there 2017 when we first started not anymore I think your best bet is to do the assistant see some assistance until we get this done because there's too many complaints it's not like this has been going on for a year or two years this has been going on since 2018. we're in 2023 and the neighbors need to do something and

we we need to help the neighbors and do something if you want to wait and let him fill out his paperwork to go and and get a variance done see what they say to varyings because clearly by what you had given us um it that's not what it's zoned for um it's only zone for storage at that point I don't know if coffee Sam went in although it's Dairy had ever gone in and

gotten variances for whatever they were doing I'm not sure anybody else but I would get the big word done for variance and if the variance isn't you know it doesn't go forward with the variance then you do assist two you can get the values done but it's not fair to the neighbors they've been complaining about this for there's no trouble there's no trucks running there there's no refunds

and there hasn't been since the beginning I first had product yeah you don't need a reef across when was the last time you heard it's been a while since the refrigeration but the odor is as long as the truck trucks are left open the product is inside the truck that's embedded inside the material in the truck it stinks that's and that's not going to change leave the doors open they don't care he

doesn't care I have to tell you that you don't care Council priority yield but I would say that we make a motion to table let Mr Hathaway do his job but bring it back to this committee so my motion is to table until Mr Hathaway has the opportunity to deal with the situation do we get a second on that motion okay all in favor second meeting at Sharon Tom all in favor aye