11.13.2024 Planning Board

good evening like to welcome everybody to the November 13 2024 meeting of the for River planning board pursuant to the open meeting by uh open meeting law any person may make an audio or video recording of this public meeting or may transmit transmit the meeting through any media attendees are therefore advised that such recordings or Transmissions are being made whether perceived or unperceived by those

present and are deemed acknowledged and permissible the city Charter section 9-18 mandates that all Municipal member bodies develop and adopt rules or policy for public comment we have adopted such a policy which in short provides for Citizens input on planning board specific matters at the end of the meeting there's a signup sheet that is located in the back of the room uh do a roll call Gloria pres Beth

Andre here Mario here Mike farias not here I John Ferrera I'm here also with us we have Craig Salvador from for River government TV Dan agard a city engineer and Patty agar uh taking over the planning duties of uh assistant planner clerk clerk uh first on the agenda we have a repetitive petition marlina Abad 150 Baker Street map f-10 lot three in accordance with Mass General law

c40a 16 and 86 through 4 87 of the Fall River zoning bylaw the applicant requests that the Fall River planning board make a determination that the submitted proposal contains specific and material changes in the condition for which unfavorable action had previously been taken by the for ofon board of appeals on April 18th 2024 the applicant was denied a zoning variance excuse me to build a for family dwelling the new

petition differs as it seeks to build a two family dwelling this property is located in an R4 District Two family zoning District thank you for the record my name is Peter solino I'm a lawyer here in Fall River my address is 550 Locust Street I represent Marlene Abad the applicant petitioner who's here with me over my shoulder to my left uh as a chair just read this matter was before

the zoning Board in April of 2024 at that time the proposal was to build a four family dwelling uh on the property the waivers were substantial from a zoning perspective uh she needed a waiver for use Frontage area and parking and ultimately the board found that they had to deny that petition so I would submit to you that what's before you now is specific and materially different in

as much as it's now a proposal for a two family dwelling which is allowed in the zoning District it's an R4 zoning District the parking issue has gone away in as much as they've provided two parking spaces per unit so there four spaces shown on the plan and I think that just leaves us with waivers for Frontage in area because the typical building setback is shown on the plan um and for those reasons members of the

board I'd submit to you that the changes are specific and materially different and we should be allowed to uh with your blessing to go back to the zoning board with a new petition Dan couldn't said better any members of the uh of the board I mean that's just going from four to two as a substantial change and that definitely makes a substantial change to the parking requirements do I have any questions

from the board or Mario Beth yeah do I have a motion to uh to approve anyone else here for for this matter no one else do I have a motion to approve or deny or make a motion to approve okay motion made by Mario second I second second by Gloria all in favor I I Ro call Beth yes I myself yes Mario yes and Beth I mean Gloria yes okay motion is accept thank

you all have a nice day thank you number two on the agenda roadway reconstruction Bronson Street section 66- 185 city ordinance considering the roadway reconstruction plan and profile of the Bronson Bronson Street exit can I have your name and address for the record please uh my owner and manager of J Holdings Jeffrey Johnson 881 East Second Street Boston since Mr Johnson's Consultants

aren't here I can give you a little bit of a back history of what what we've got here this is a proposal albeit larger than what they're actually before used for uh construct eight or nine dwellings in a condominium type configuration off of Frederick and Bronson streets a portion of the proposed driveway that they are building falls within the paper Street limits of the private way called Bronson Street so

it did through site plan review and received that approval conservation commission has issued an order of conditions for the project the last step and part of the approval process was that they appear before you because when they're actually building something within a right of way it has to come to you for construction they used to call it like a soft form C but it's not a form C because they not creating Lots

it's basically just construction activity in the right of way uh normally within that process the application gets sent to Department of Community utility into the engineering office which through site plan review they've already accomplished that um what we did ask for the the applicant to provide and their consultant is a list of waivers because normally when we deal with this we go

through the waivers of this is what would be required to be built this is what they want to buil and then you formally vote on those waivers we have yet to receive that information so you don't have that to vote on okay I don't think there would be any is issues beyond that um for you to take action on it but without that you can't take formal action now this is coming in from

federick Street here and you're saying crossing the paper Street of August street is that it yes so so is that the paper Street Port so right now we have Frederick Street correct this section yep is Bronson correct this is August right so they're going to be constructing what you see shaded here in Gray which is within crossing over August crossing over August is August 8 street now or is that paper Street there

was both paper streets oh both paper streets okay so the construction activities that you see in this T which is this this driveway and this little that falls under your jurisdiction so normally we would get a list of pavement is supposed to be 24 ft we want to be 22 or they're supposed to be burm and we want curb or no sidewalks there's a whole list of things that are listed in the planning board rules and

regulations for construction of ways so we're waiting for that document to come in and I apologize to the board and certainly my uh the engineers were he was had a doctor's appointment he was on vacation on and we had switched uh firms there was some carryover this was something that was previously thought to be completed it wasn't completed therefore I spoke to him he's about halfway through the list right now there

is a you have an anr Plan before you that's there that he's also working on similar to this also corresponding to this project he wants to get it done and he wants to get it done in a manner that is doesn't put the pressure on Dan to go through and have to look at this he said that he can have that list available in a draft form by the end of the day

Friday in its completeness by the end of the day on Monday so if we table it to our next meeting you should have everything should in place I if they had that list tonight you could could have done it tonight is there any anyone else here for this uh just wanted to know what's how big this anticipation of the street was going to be so it's the exact same presentation that that's been given before this is

just checking a box for permit so nothing is getting any bigger or nothing is being changed from what was permitted previously anyone else do I have a motion to table to the next meeting make a motion to be table to the next meeting in December okay motion made by Gloria second I second second by Beth all in favor Mario yes laia yes I John Ferrar yes and Beth Andre yes yes as well yeah I brought

this down to give to them so that there are no excuses to what needs to be in this list I I told they can get it online but I just want to make sure I'm handing it to you that's that's the rules and regulations so by section waving this waving this waving this simp he apparent he apparently he did find this this is the list he is going through and what he's just making sure

that all the list and he all the corresponding when I spoke to him earlier at the end of last week he had said he was reaching out to CDC to put together I mean anyc put together this list I said you put together the list so so we we'll get there yeah know and I apologize like I said he was under the impression that because of the extens of the sub review that this was within the

documents that not yeah no I understood all right moving on to item three a form a application for endorsement of plan believed not to require approval an anr plan of lands file number 24-15 N7 owner BM F4 LLC applicant d'vorah Byran property location 26 Brow Street cessors map n-20 lot six Mr AGA um so again this is one of your favorite types of petitions oh gosh um for the subdivision of of the

property that contains two existing um multif family homes thank um I thought it was more important the required relief was granted by the zoning board of appeals um with the appropriate notations under uh plan note number seven with the recording information of that relief and again similarly with all past uh approvals separation of utilities needs to take place no fencing along the property lines and then the

setting of property lines but the property lines that are shown on this our plan tonight in front of you match directly what was approved by The Zing board of appeals so I offer that endorsement should be afforded anyone here for this uh proposal uh members any questions concerns do we have a motion to accept a motion to accept motion made by Beth second I'll second second by Mar Mario all in favor Mario

yes um Beth yes I John Ferrera yes and oh Jesus what do we got oh uh in Gloria yes oh sorry got that I don't know you're a part of it just so far away number four form a application for endorsement of plan believe not to require approval and our plan of land file number 24 1598 owner BMF 4 LLC applicant to for Byran property location 105 Park Street assessor map

g-6 lot 64 just about identical to uh item number three it's actually the same property owner two multif family dwellings that they receed zoning relief uh to allow this separation to take place these reference of the recording for the decision is also under note seven under the plan notes so with that being the case the plan does match what was proposed at the zoning board of appeals hearing and I would recommend

endorsement oh get better up to 12T in Frontage from 10 any anyone here for this as well no any concerns or questions by the board no do I have a motion to accept make a motion we accept Gloria motion to accept second pass second second by Beth all in favor Mario yes Gloria yes I John Ferrera yes Beth Andre yes thank you all right number five on the agenda form a application for endorsement of plan

believed endorsement of plan believed not to require approval and our plan of land file number 24-1 1599 owner applicant High Development LLC property location 386 High Street S as map 0-1 Lot 25 so board members this is an anr subdivision of this existing parcel of land that is located in an A2 zoning District that requires 10,000 sare ft and 100 ft of Frontage for each parcel both Parcels um meet those requirements

uh one thing as a note although really not in under your perview this property did receive a variance but having to do with only the number of units that we going to build Lot number one eventually but currently the way that it's configured both Lots meet the zoning bylaw so I that I would recommend endorsement oh we got a good one do is there anyone here for uh for this petition as well nobody board

members anybody I have any questions or concerns if not do I have a motion to accept no motion to accept motion by Beth second a second Gloria all in favor Mario yes Gloria yes Beth yes and I John Ferrar yes as well excuse me number six form a application for endorsement of plan believed not to require approval and our plan of land file number 24-16 owner applicant PT Property Management Inc property location 1244

d1260 South Main street cessors map g-17 lot one so although similar in nature to the earlier petitions this is again the subdivision of an existing pel with two multif family dwellings on it as you'll see both Parcels one has 38 ft of Frontage one has 46 area of 2500t and the 6,000 also containes uh contains six garage dolls to the rear so the zoning relief that was granted for this was

recorded at the registry of deeds and the recording information is noted under item three under General notes and the submitted plan um isn't compliance with what was approved by the zoning board of appeals so with that I would offer that it is required eligible for endorsement anyone in the audience here for this petition if not members of the board do I have any questions or concerns no if not do I have a motion to

accept make a motion to motion by Mario second second second by Beth all in favor Gloria yes Mario yes I yes John F yes and Beth yes okay number seven form a application for endorsement of plan believed not to require approval and our plan of land file number 20 24-1 1601 owner applicant JH Holdings Group LLC property location 21 August street accessors map c-16 Lots 23 82 86 87 and

88 so again this is um the anr plan that works coin coincides with the roadway reconstruction plan um I've worked with the consultant over the last few weeks to try and get this plan because there are so many lines and numbers on it to be as perfect as possible um there is what I find to be one more slight error in the plan so you won't be able to endorse the myar this evening but you

could approve it conditional upon final review and then John can come in it's basically one dimension along the frontage of Marana Bishop Boulevard um the surveyor skipped an angle point and has an overall Dimension where it should be actually two separate dimensions of two different radiuses so once we get that corrected because this plan just came in today um I would offer that if

afforded endorsement all the Lots meet the minimum requirements of 80 ft of Frontage and 8,000 sare ft which you're saying you approve it as as submitted no while waiting for that waiting for that I'm waiting for this one this one dimension to be corrected and I spoke to the surveyor about it today so you recommend that we table this as well with the rest of the plan no not table

it just you can approve it upon my law coming in with this that missing and then we can get so they don't have to wait till the next planning board meeting to get it endorsed you can come you guys can swing by and and sign it have you guys been all signing or just you John just you as long as you can come by I'll let you know when I get the

myar um but that should help Mr Johnson Al with his with his project I appreciate it anyone else here for this petition do I have a motion to accept as submitted pending the uh installation of the new diens the dimension that is missing what's the dimension that's Miss Missing up on Mario right there where the radius starts on MAR Bush go get put your mask put your mask

on I had to ask a question right here so it's really from here to here is this radius of 1196 and from here to here it's supposed to be 1150 the surveyor dragged that Dimension down to here where it should have ended here thank you so this this will now be this overall Dimension it just the math wouldn't have worked if if you had tried to put this in the Lots would not have

closed thanks for reviewing that for us yeah no problem thank you there's a lot of lines on that so we we spent quite a bit of time Mak sure that they were right I make a motion we accept the plan pending approval uh from Mr agar regarding the the the dimensions as he just pointed out okay do I have a second a second motion second by Mario call in favor Beth yes I John Ferrera yes Mario

yes and Gloria yes okay last one form a application for endorsement of plan believed not to require approval and our plan of land file number 244-1602 owner applicant David Paul Sauer property location 21 Saum street sessor map h-8 lot 61 so what you have e for you tonight was is what was a through lot although fairly odd configuration because the rear the side lot lines did not line up

with the back the rear lot line there was an existing single family dwelling on seum street at number 21 and they appeared before the zoning board of appeals to separate these two Parcels uh a new home will ultimately be constructed on lot two but that's not before you this evening um so the zoning relief that was granted has been recorded at the registry of deeds that recording information can be found under

note number seven under General notes and the configuration of the plan shown to you tonight is in Conformity with what was approved by the zoning board of appeals so again with that it should be afforded endorsement anyone in the audience for this petition board members any concerns questions if if not do I have a motion to approve motion approve motion by bet second second by Gloria all in favor

Gloria yes Mario yes I John Ferrer yes and Beth yes okay next we have the approval of the minutes we don't have the minutes with us so do I have a motion to uh to table the the minutes till the next meeting make a motion be table the next meeting motion by Beth second Gloria Gloria I Gloria look at one can't tell without the Mas second by Beth all in favor Gloria yes Mario yes

John fer yes and Beth yes okay and do we have any citizens input I don't believe so do I have a motion to adjourn motion to adjourn second second by Mario all in favor Beth yes John Ferrera yes Mario yes Gloria yes meeting is adjourned good night everyone Happy Thanksgiving