12.13.2023 Planning Board

of performance Covenant and review of final roadway improvements and submitted ASB belt plan so as a little bit of back history this was a subdivision was part of the fles way subdivision which dated back to around 2018 actually pre previously that 2008 2018 there was a new plan for just this one section of Lion Road um endorsed by the planning board and at that time a covenant that covered um the release and

the performance of roadway and utility construction for the three lots that were on that little private way dead end uh up until this year there were two homes that were previously built um one sorry one home one house was now starting this year and then a third lot that is still currently vacant so the applicant over the uh end of the summer and fall finalized and completed all of the construction activity did an

incredible job uh to the satisfaction of all of the abing homes as well as well as the new homes that were built on the street as well so I can offer that everything has been built in in compliance with the approved plan there was no shity ever for this this was just strictly lot releases and lots being held uh until the roadway uh work was completed so Nina does have in your

package a form e which is the release of the recorded Covenant for your endorsement so there are signature lines for the planning board something we do with these uh with these covenants and I've only saw this over past practice at some point during the week whoever signs this needs to come in and have their signature notorized notorized um at the at the city clerk's office so we can sign on

the standard lines for planning board members but then at some point during the week if you can come in and every one of us or just everyone who signs tonight so if we want to minimize that we only need a majority uh to sign Okay so want to minimize who needs to come in you guys can decide who signs tonight and then only those people need to come and get the the signatures noiz excuse

me so the um what we have recorded giving authority to the chair to sign the U you know it doesn't cover all the docents at least what what I could find through all of the past form e that we had it had every every planning board member I was hoping that was the case because John does come in often so I apologize but I didn't want to I don't want to SC around

with past practice okay just checking thank you y do we have any questions no questions so do we have a motion to release the performance Covenant I'll motion to release motion by Beth second by mic uh all in favor I and I I as well mik all right number two on under new business proposed Zone in map Amendment discuss and make a request recommendation to for city council with regards to the extension of the

Waterfront and Transit oriented uh development District WT as follows easterly from the easterly side of theal street to the Westerly side of North Main Street northly from the north side of Walnut Street to a point approximately 640 ft north of the northly side of whan street so in your packages you have a little narrative that I put together and two exhibit plans that illustrate what

the proposed activity is so I I'll read you through the the narrative paper that I that I provided you all first um so what are we discussing it's the expansion and the extension of the existing wtod which currently runs along the edge of the tton river easterly to Deval Street North so that runs from just about uh where Tipsy tobogan area is all the way up to um Weaver's Cove area just

just past the Route 79 interchange and if you look at the existing map uh which is the area not in Red so you'll see the yellow area that runs along the tton river you'll see how we had the very little narrow sliver that connected the wtod along actual Route 79 to that area which was north of um north of the the 79 interchanger and Weaver Street so when we started looking at this um we

determined that since the new Route 79 area itself was already falling under this wtod it made sense to make some type of a change and through some of the research that we found um these were all improvements and recommendations of of past practice and past plans that were prepared for the city most notably the Waterfront and urban renewal plan so what is the wtod the wtod zoning

District was created I think around 2008 2010ish um and what the intention of that was to provide different types of opportunities for development along the Waterfront corer increase multif family unit density of four unit minimum structures multi-use residential retail commercial and recreational mixed use facilities reduced parking requirements reduced parcel size increased Building height and increased lot cover

uh so what we're proposing we just gave you that same explanation of where the location of this is so if you look at the two maps you'll see what this does is creates a fairly parallel uh distance running along from the Toton River heading easterly and what it does is it occupies a number of segmented smaller little zoning districts whether they be uh BL General zoning District R4 multif family

commercial mil District so it it covers those areas so the questions people ask well why are you doing this now so again I previously mentioned in 2019 the city had spent some dollars creating this for of a waterfront uh urban renewal plan um I don't think it ever was completed and brought to fruition however one of the major recommendations that it had proposed was something very similar to

this encompassing this area up to North Main Street the again the area Falls within the developable parcels through Route 79 already fall under the wtod so this would create a cohesive um area from the Waterfront through that new Route 79 area up to North Main Street I think some of you are familiar with um the South Coast rail MBTA housing requirements that the state implemented

for when you have a station in order to be provided service and to be able to apply for and receive funding from a number of grant opportunities you need to meet multif family housing requirements that the state tells you you need to so we had to go to a preliminary step it took us I know about a year to receive what's called interim compliance so we have a number of years

to become in full compliance we were able to achieve interim status almost immediately because of the existence of the dot wtod District in this area and what they've done is when they examined what was proposed I can't take credit for it I wasn't here at the time um but it's basically what they want every other community to do to allow this type of development in an area that has increased density for specifically

multif family housing as you all know fora creates many many multif family housing opportunities where a lot of communities surround us lack in that so a lot of those are being forced to come up with different ways of being able to provide greater multif family housing so we've led the Forefront in zoning that that allows those types of Works uh to take place what this will allow us to do

is the existing structures because right now even though we may have some six family 12 family 20 unit buildings in this G District um commercial Mill District anywhere in the area that you see Wrapped in Red on our plans we don't get credit for them even though they're existing because they're there either by being pre-existing or a granted zoning relief that does not qualify it has to

be allowed by right which is what the WTO D's District does So What by making this wtod we can now get credit for all of that multif family housing that you see along North Main Street the Weaver's Cove apartment complex for instance on Weaver Street we don't get credit for that that's exactly what they want you to build but they're not looking at what's actually built or what could be

built with special permits or variances has to be by right so that will allow us to capture that area that already predominantly is you know surrounded by these types of uses and to be able to get credit for it so it will allow us to grab all that in get credit it will also allow for some of the you know two and three family buildings that are in this area that don't meet the current zoning

bylaws for the General District or for the two family zoning districts it may allow them to get to four units if they can meet the parking demand thus increasing the types of housing that we have through that area everybody's very worried about well you guys are building all these you know big new apartment buildings how about the tenement housing that we have all lived with this will

give tenement owners the ability to increase their units if they can meet some of the other requirements allow them to remain and what I would say would be creating an affordable unit not necessarily a market rate unit because we we we've been great with creating market rate housing but by maybe increasing some of these tenements and some of the unit density in those we'll be able to create a different type of

housing as well which is also much needed so when when we look at this and I think this is part of the reason why we don't have of a room full here when you look through the district you'll see that there were have been a number of multif family developments let's look at the piece that was just above the gas station that's further further down on the Vault just about at the corner of

Turner m that that's a commercial Mill District that permit that building was permitted through a special permit so it wasn't by right but that's the kind of use that now fits in that in that area the building where at the other corner of Turner where the BOS bank went in that also required special zoning so the construction activities that are taking place and for planning purposes fit our

need just don't comply with zoning so again we don't get the credit for it so in this area Our concern when we looked at it was okay well we do have some industrial users that are up in the larger blue commercial Mill District which is crer Lane Ace Street um Weaver Street you know there there is still that use up there when they created The wtod District in the byw itself it gave

special protection for these types of uses that were in existence prior to 2011 so they can continue they can expand they can alter those uses so we're not eliminating their uses by right it's still written in the regulations that they can still exist that's within our bylaw itself which is a nice fail safe because I would have expected that we would have had some people worried that hey you guys are

zoning me out of this area I can't I'm going to be surrounded so the bylaw specifically made sure that that would not take place on top of that Massachusetts General law with regard to grandfathered uses any use that currently exists in this entire District whether it's in the G District BL off4 M um or the CMD their grandfather is a matter of right so the existing Zoning for the those uses can remain as long as

they stay in in consistent use without a lapse for for a 2-year period of time so I I think what we're looking at is an area that is prime and again we're trying to plan right we're we're planners and we're we're planning departments we're trying to plan for the next phase okay so we don't want to deal with this three years from now 5 years from now when the center caror is all

built up and now we're stagnant this will allow for that to run a consistent distance off of the Toton river through that area and and basically make a shape that will provide the ability for for great new development and Redevelopment of the existing structures that are in there if you have any questions I'd be more than glad to answer any of that you may have I have a question so I think this

is fabulous I think however we can handle uh you know by Nature we have increased density uh we have a lot of three three family uh homes so I think it's good that you're being realistic and saying you know reducing the parking requirement the parcel size the lock coverage before we vote on this can I see what those percentages are what it's being reduced to like I can go through them now if you'd

like yeah you so in our comparison to the other like multi um yeah so in our in our zoning bylaw which is is this book so for instance um I spoke about the G District which is a good portion of this I can't see the plan but Chris if you can tell them what color G is I think it's the like the 10 yeah okay so which that's probably about half of the

district more than half of what we're dealing with in that District now the biggest structure you can have is a three Family Residence and the calculation starts with 5,000 square ft for the first unit y 1,500 square ft for the additional unit 50 ft of Frontage building setbacks of 12T Frontage 10t sidey yard lot coverage of 25% now if you drive through this area and you look at the structures that are built there

you all see three four five tenement houses on tiny tiny Lots the the problem with our zoning was it was created after all these houses were built right most of these houses are 1905 1920 right when they all started to be built all this zoning came in afterwards well guess what those three and fours are still standing there encompassing almost the entire lot zero Green Space so what's what's in place now only

allows for a new construction activity which through this caror we haven't seen much right I mean how many three tenaments do you see taken down you don't because they're economically viable structures and Parcels of land you know people have made their entire portfolio buying three four six family homes and have done very well doing that so that's the size minimum of 5,000 square ft if you look at what the the W

tood District starts with the minimum lot size is 2500 square ft the same 50 feet of Frontage front yard set back of 10 instead of 12 side yard is 10 which is also the same as what it's in now lot coverage is 80% so what we've looked at and what we've found is when you apply the Waterfront wtod District to the existing structures it brings them into compliance with zoning none of them meet

the requirements for the G District but they will now meet the requirements most likely for the W tood District entirely different question so the W the 2500 is that for the first unit or for four unit that's for the entire parcel now there are development standards that dictate what you can put lot coverage building setbacks parking specifically right is what controls so you can't say Okay I

want to put 200 units on 2500 square F feet of land well you just can't do that but if you can't provide parking at the required ratio what's the new parking ratio uh it will be for this District still because wtod was is intended for larger developments so when was that zoning um table put out I know a copy of it yeah this is this has been in existence forever with the w with this

new zoning area yeah when it came in whatever 08 or 11 when when it was when it was implemented okay so under the Waterfront let me read you what the specific spe ific Al what the intentions of the wtod were W was uh September 6th of 2011 okay so 86175 Waterfront and trans Transit oriented development District see under the dimensional regulations see the table as I was just explaining to you

maximum Building height shall not exceed six stories or 80 ft whichever is greater this restriction shall not apply to chimneys ventilators tanks bulkheads and other accessories uh features required above roofs or Towers the maximum Building height may be increased to 12 stories by a special permit by the zoning board of appeals Min minimum parking requirements dwelling units 1.5 spaces per unit if less than 50 units

currently in the G District it is two parking spaces per unit and also in this it's reduced to 1.25 spaces for buildings over 50 units so all Studies have indicated as you get increased units the ratio of parking two unit especially now when we're dealing with mostly one bedrooms and two bedrooms in these larger development buildings so what you'll find is the majority of these structures again that

are in non-compliance for the G District many of them provide zero parking so to expand on them they would now need to meet this parking requirement that's already in the wtod something very important here with restaurant and retail establishments no dedicated parking spaces are required hotel and lodging one space for each hotel room or lodging room office use one space per 200 S ft of G gross

floor area after 10,000 s ft of gross Flor area one space for every 1,000 industrial uses one space for every 500 square ft water dependent uses 6 spaces per each boat slip or moing mixed use development that share parking spaces which is really what we want here we want an apartment building that has a restaurant on the first floor or a retail component um containing more than 200 spaces May reduce the required

number of Spaces by 30% so those are the development standards that are currently under wtod um and what we've found and I I've used this argument multiple times in in my past practice when we look at parking trends of this type of development vment there are municipalities that have completely done away with off street parking requirements um and many that have reduced it down to 0.5 spaces per unit

now we're not Boston we understand that we cannot completely abandon the need for on-site parking to make sure that we can accommodate the types of facilities that we're building but nationally um and more more so than that regionally the trends are getting away from creating these huge parking demands um I live in Dartmouth I've done a lot of development work in Dartmouth how often

do you drive by any of the shopping centers in dment other than Christmas and we have a vast parking facility that's probably 20% utilized 90% of the time so when we get into a world where we're trying to create low impact development more green space less asphalt that's the way that that's the way that you can do it is come up with reasonable parking demands so we see this moving in that same direction we

know we cannot abandon it we think the the thought that was given to uh this bylaw when they created it that allowed that it's basically a half of space reduction compared to what we would normally require for everywhere else was more than reasonable at the time and we still feel that as well uh when we get back to the commercial Mill district for instance um again we've had many many multif family

projects permitted and built in these areas that's all done by a special permit most of the parking requirements that were approved for these types of developments is a rate of one to one that was all done through the zoning board of appeals um and trying to think with the next District that would be substantial enough the R4 district is just so small it doesn't make much of a difference so

I think 90% of this is G district and uh and Commercial Mill District I just wanted to uh add a little bit to that we do stuff all over the country that's really the rate or the direction we're seeing not only is it a lot of people working from home these days that that commercial component the office Bas component of it we're actually going through a lot of our projects and asking

for reductions from that and again we're a little bit we're actually ahead of the curve right now with what this was done what you're proposing here and um and again this is a a transit or at in project uh up in u wayth the Southfield project we used a one:1 ratio because the whole idea the whole idea was people would be using the commuter rail to you know to commute Up To Boston and place

Versa that come down here to visit and um there's less need for uh passenger vehicles so um I think this is a step this is a positive step in the right direction actually getting this zoning in place as I said I came here 15 years ago and this is what was needed and I'm glad that that document is now taken to the next level and again uh there there is a master plan that's out there right

now and they have at least the guidelines at least with the zoning here so the zoning is the the legal component to this so I think this is a great a great stride in the right direction so so the Redevelopment Authority just last night hired uh stantech which is the cult uh consulting firm that will create the master plan not for this area but for the area that falls in between the

two Deval Street area where all the highway used to be that's already zoned wtod when they looked at what the framework that they were already coming into they were you know astounded that this was the frame that they get to start to create their painting normally they can't start to work on their canvas until this pass ready for them um you'll see there there was a proposal I'm sure

you're all familiar with 101 President Avenue the plaza That was supposed to be before the zoning board of appeals next Thursday um fell through because of some lease issues that that were going on with the projects but when when they met with me and this was a while ago I had explained to them gentlemen we're working on changing the zoning that potentially many much of the relief that you're needing would now not

be needed they couldn't wait now this takes you know probably three to six months to come to fruition by the time so you you'll discuss it tonight you don't have to vote on it tonight you can table it to the next meeting the zoning board of appeals will also take it up Thursday and next Thursday night at their meeting they can do the same discussion go and do some research come

back at the next meeting and then vote when you're ready this all gets to the city council the city council then has a series of public hearings it's a joint it's a joint hearing within 6 5 days with the planning board and the city council at the time the recommendation is sent yes so we when we send the recommendation we have 65 days to hold a joint public hearing okay all of the

butters so anyone that's in this district is notified notified at that point published in the paper so by no means is this the end all you're not putting a a stamp on this you know infinite uh approval but by all means if if you need to do more research if you want to come to the planning office and we can throw around these ideas um by all means we we can go that

approach as well the only thing that I would I would recommend as a board or as a member of the board is that time is really it's essential that you you strike the iron when it's hot in the sense of um you already have people are developing around uh this Waterfront Boulevard again the Alx site is a perfect example of that the people who are going going to actually do the master plan for the actual Corridor

which again that will be basically um it's taking the same uh it's got the same type of zoning relief and everything associated with it but think of it this way if you're going to build this beautiful entity which is now the Urban Boulevard of the Waterfront and then you have the adjacent lands associated with it and they want to do development on that one you're pretty much trying to set the bar of what's

going to be zoned how it's going to be zoned and what you canally put there again it's just not the the uh Route 79 project anymore but it's the adjacent up until North Main Street and up from wer clove and all the way to the South so um again this is a great stride I'm glad that this is this is happening um and what and what this does is right now um

once the master planning goes through this will be let's say shopped out to master developers where there may be one developer that develops this entire car okay because they know what works they know what their marketing studies dictated wouldn't it be better for them to know okay what I'm going to build here when I look towards the water and I see the opportunity there and what's

being done in the same zoning District that I'm in for the type of development that I want to do but now when I look to the east I see no change I see no growth I see no other development so when a developer comes in and now he's looking at this cor RoR he can look across the street and say look what the city's done they've created this canvas for Maya

Butters up to North Main Street to do the same types of development increasing my investment or or the potential success of my investment so it basically brings it's just like you do you ever want to have the most expensive house on the street or do you want to have the least expensive no you want to be in the Middle like-minded with surrounding properties that's how you create value

and that's what we're trying to do is to create an area that creates value for these developers and that they can see the potential they may they may continue moving on and and and purchase the abing properties as well but it gives the opportunity for an expanse other than just the sliver that we're dealing with just the 19 Acres um of this Route 79 car I mean personally I mean I I agree I

agree with Mike that this is a a great step in the right direction and with you Dan as well um it's something where I mean we're nipping it in the bud we're trying to put the the horse in front of the cart and you know so we can keep moving forward um I mean it's it's to me I mean I I'm going to put out to uh my members but I guess we uh we have the

does anybody else have any uh comments before I cuz we could either uh accepted and and uh uh recommendation put put a recommendation together to send it to back to city council uh as far as us we could table it uh if somebody needs any more information or wants to study it a little further we can do that as well um but it's up to you folks I mean I know

how I would how I would vote but that's that's me um so if I can either have a recommendation to move forward and send to the city council I would recommend it motion second we have public input first that we should yeah CU I think you have one letter that you want to read into oh this one here yep right right oh right all right we do have one letter to read it's um proposed

wtod zoning map Amendment uh dear M dear chairman Ferrera please accept this letter as support for the proposed zoning map Amendment request requesting that the city council extend the Waterfront and transit or in development District to the westly side of North Main Street from Walnut Street to the west side of Wayland Street as you are aware the realignment of Deval Street and Route 79 will create

more than 1 million square ft of mixed use development in the new land created in the central portion of Deval Street this new land presents an opportunity to create a new neighborhood that links the Waterfront with the existing neighborhood which are currently separated from the water Side Access without a better coordinated zoning plan for the development of land created by the proposed realignment the

city of Fall River and the Commonwealth of Massachusetts will lose a unique once in a generation opportunity to re liberate recalibrate the entire Waterfront area with the exception of of the wtod the zoning districts in in the Deval Street area are quite fragmented for instance three discrete areas have CMD zoning and three discrete areas have b-l zoning similarly while the three residential zones r-4 G and M border

another border one another or touch residential zones outside the study area they are occasionally compressed into regions as narrow as two blocks or are wrapped around larger industrial areas the high degree of fragmented and inconsistency with this area is undesirable first the current zoning places and compatible uses namely low density residential districts and the city's heaviest industrial zones next to one

another this Arrangement has potential to adversely impact residential neighborhoods and traditional industrial use can generate air noise pollution and often involve transportation of goods via large trucks since industrial areas tend to shut down at the end of the work day these zones also have potential to create large holes within the existing residential fabric that feel unsafe to

travel through at night further the inconsistency could make the area Less Pleasant for pedestrians and may make it feel less accessible to visitors finally streamlining zoning will make it easier to understand and maintain this could potentially smooth development process making forever a more attractive place to build and reduce the work of the planning board and the city planers

division in addition to inconsistent use the dimensional regulations the zoning District uh designate parking and loading requirements which further confuse development opportunities along the water along the Waterfront the r-4 G uh I believe that was it and that was no GM oh GM and BL districts share different parking and loading requirements the number of spaces required is dictated by use however to

those districts that allow use with significant parking demands for example retail businesses and hospitals will have more parking than districts where uses with less intensive parking requirements are dominant the wtod calls for Less parking by use than the other five zones this is ideal given the anticipated opening of the commun rail in June of 20124 in my opinion in my opinion changes to wtod

footprint and regulations are imperative if the city is going to truly realize the community benefit of the realignment of Deval Street and Route 79 to allow for the development of new residential multif family and mixed use devel El by right support high quality design which will excuse me which will reward developers with Advanced thoroughly thoughtfully design projects and create a waterfront that is vibrant

pedestrian and bike friendly and reduces the dependency and parking City parking needs for people who choose to live work recreate near the commuter rail platform and surrounding areas envisioned by the expanded wtod thank you for your time and attention in this uh important matter I hope to I hope you vote favorably upon the proposed WT zoning map Amendment sincerely Kenneth fol Executive Vice President and fola

Jr so we have that correspondent which is obviously in favor so we had a motion was it Mike yes Mike made a motion to uh recommend and I had a second by was it Mario second second marioo I'll do a roll call on this one uh Beth Andre yes Mike yes lauia yes Mario yes and I John F vote Yes as well all right so that's all set number three receipt of Correspondence reviewing then discussion

of the nomination of the Bradford dery Mill D Bradford dery textile school for the national register of historic places from Massachusetts from the Massachusetts historical

commission I have a letter here from um this is from Alan McCumber I believe or two from the uh Commonwealth of Massachusetts we got National register of historic places um Bradford dery textile school for River do you want me to read this whole letter you don't have to you can just somebody can make a we have a we have a mo we have a motion to put this uh letter uh on

file make a motion to place that on file second laia and Beth all in favor I I I I and I vote I as well okay now we've got form a number four on the agenda application for endorsement of plan believes not to require approval an anr plan of land file number 23-1 1564 owner 109 house Street LLC applicant parallel product solar energy LLC property location 109 how Street assessors map b-20 lot

one so what you have before you is relatively Simple anr Plan um what it does is it allows a subdivision um of what we all know as as the mill complex down at 109 house Street this cuts off the vacant portion of the property uh which is to the north east of of house Street sorry Crawford Street at the end of how this this property which is lot two on this had

just recently received a zoning variance to allow a condominium uh development to go through this so this is the formal process of separating the mill structures from the remaining land they meet all the requirements for endorsement any comments do I have a motion to accept motion to accept motion by Beth second Al Mario in favor I I as well number five form a application for endorsement

of plan believe not to require approval in our plan of land file number 23-1 1565 owner applicant Kevin Aliva property location 334 Veil street cessor map e-01 lot 50 so this is a piece of land located at the corner of veale and uh Slade Street at 334 Veil there's currently a five family dwelling and then adjacent to an existing commercial building with a little parking facility behind it this property was granted a

variance um maybe two or three months ago to allow this subdivision to happen um and then the use of the existing commercial building is going to change to a single unit Residential Building I believe so um in compliance with the required of the variant the bo the plan does meet the requirements for endorsement any comments by the members no I'm sorry I I just had a question I had put on here I thought we had uh

denied them they wanted to do something with this commercial property multif family had that changed to this now proposed single family well I think well what's before you was just the subdivision not the use okay um did this may have had to come back for a rehearing yes so it was originally denied in June of 2022 y by zba and then they came back in March or April of this year for um a

rehearing here yeah planning board approved yes it was approved um and then they went in front of zoning board again I can't remember if it was September or October I know it was just recently so yeah the only the only question I have on this is that they got denied the first time because they didn't meet the zoning requirements yeah they came to us and if it was substantially changed we had to say okay

we're not going to deny you you did enough work right it still doesn't comply but now it goes back to the zoning looking like the planning board says we just blessed this project and then the zoning that's not the truth okay well that's that's what you may feel is the conceived notion by the zoning board of appeals the zoning Board of appeals clearly understands the process and that's why we make it clear

when you vote you are not giving any Credence or value to the proposal just that it is different zing zing understands we V that is discussed that at Great length but do you understand how that kind of impacts us as professionals who are supposed to be looking at this I understand be looking at it for zoning or for use yeah that was the vote we made before we said we agree with the

new plan is essentially different enough that you can resubmit it within a year that's where that's where your duty end and we end and then the zoning just blesses it even though it still doesn't they can they could have denied it it's a different board which we can proba get you all we did was vot no again like again it it just looks a little shady and I I know we're not on television but

this that's not a like if it was going from zoning and Zoning did not bless it because it didn't do X Y and Z right and then it comes to us and we said you you did enough work here to go back there so we we could have just said no to you and just said okay we're not going to we gave it we we went through the process

said you did enough work to it go back to in front of zoning and the zon's going to bless it again but we don't know if it still is not no this is different like I also yeah also this is an approval not required I've argued a lot of Apostles that have come before us I don't agree with the way they've been subdivided makes no difference how I vote in two weeks it's going to that's

why that's why I say it's specifically in two weeks it's like a twoe appeal period whether I could vot and I have voted no and I voted against them but itan it doesn't mean anything because it's already it's approval not required there a formality coming through us and I believe we are on TV by the way yeah I good no it's fine just want to clarify when this came before us in order for

them to have another um shot bite of the Apple the zba yeah within a one-year period if they want to go back to zba the way we have our regulations set up they can't do that unless it's substantially different than we plan sure no I understand that aspect of it yeah so we only vote on whether or not was substantially different for all we know and then the zba could have still

said no or they said yes right that's Happ you you don't know why zba denied it in the first place or why they approved it in the second place many of people don't know that aspect of it and and and it's perceived it is perceived you got went to the planning board and the planning board said yeah we gave it the blessing and the reality of it is we didn't give it a blessing it made enough

made enough enough of a modification to it to go back in front of the zoning right our I think anybody that anybody that thought that just got enough Clarity on that well when our decision goes to the zoning board of appeals in writing yeah that's what it states that they they they've met the standard for substantial modifications for the purposes of which was originally denied You by no means is it perceived that it

is an endorsement of this board that the proposed use subdivision anything is is adequate for they can rehear it but they can also red deny it it just gives them a chance to rehear it within a one-year period that's it so all right so we've got uh do we have uh explain okay so we're we're on we're on this one we're still on this one I just need a motion I make a motion we approve

it Gloria second oh second Mario all in favor I I say no and know it's going to pass anyway but again you're saying no okay okay I don't think yeah okay it most other towns and cities don't operate that way it just it that's Massachusetts General law that's not the city of Fall River so every every municipality in the common acts out but they but they vote typically on what they end the plan does not absolutely

not I've been on three of them so I don't okay all right going on to the six form a application for endorsement of plan believed not to require approval and a plan of land file number 23-15 66 owner applicant Sao Street LLC property location 111 seavo Street assessor map l- 09-73 so this is a a pel of land at 111 seavoy Street an existing single family home that it was two separate Parcels at

one point in time but the parcels were merged because an addition that was built on the existing single family home um encroached onto parcel the second parcel and then also within that aples merged because the zoning District had changed from 6,000 ft to 12,000 ft so they again they appeared before the zoning board of appeals which allowed them to now subdivide this parel creating a sliver of land from the parel

to the South and to be able to convey that to the parcel to the north which would now alleviate the encroachment and providing a 5- foot setback and then it would now be a new single family home constructed on parcel 2 um which has no bearing on on this board they met the requirements for an anr endorsement in conformance with their granted zoning any questions by the board motion to approve motion Beth yes

any a second second laia all in favor I I I yes right okay all right number seven form a application for for endorsement of plan believed not to require approval anr plan of land file number 23-1 1567 owner applicant 110 Chase LLC property location 110 Chase Street assesses map a-03 lot one so although a very daunting looking plan uh this is 110 Chase Street and it's just the size and scale of the

fils that that make it daunting this is one of the larger Duro properties that ran along glob um and Chase also fronting on uh Center Street and coming in off the end of South Beacon Street so this also received zoning relief allowing the conversion of this very large U Mill building and some other out buildings to residential homes uh this was again in the commercial Mill District so going

through that process allows this so part of that proposal was to separate the One Singular larger building uh which you see on the proposed lot number two um that building would now sit on its own lot the other four out buildings and a newly constructed building to that would be forthcoming would now fall on parcel one so again they've met all the requirements this is the fourth revision

to this plan um because as we scoured it and asked for changes and modifications and notes and all those different types of things they finally uh come to provide us with what we were expecting and what we require for an endorsement so I can whole ly tell you that after much review and conversations that the plan meets the requirements for endorsement in accordance with the zoning relief that was previously

granted by the zoning board appeal any questions by the board yeah just one question what so what was it originally known for um and then what did it did it just get a u a special permit it was it was Dural manufacturing is what was there industrial it was originally industrial all of the industrial district got reson to commercial Mill District okay and then under commercial Mill District by a

special permit you allowed residential uses for multi family so that's how the uses got to be where the uses are got um but for subdivision purposes you know this meets all the requirements for an approval not required an endorsement so do I have a motion to approve make motion to approve Mario second second it Mike second all in favor I I I as well Mike and we got approval of the minutes for

the from the November 8th meeting believe that's the one that Mike wasn't here so Mike is the only one that was not present uh if I have a motion to accept the minutes in the meeting a motion to accept motion by Beth second I second second Gloria all in favor I I and citizens input which is none I believe do I have a motion to adjourn I'll make motion to second second all in

favor I I all right Merry Christmas Merry Christmas every