12.21.2023 Zoning Board of Appeals

good evening I am Joseph Pereira chairman of the zoning board of appeals for the city of Fall River it is 6: p.m.

on Thursday December 21st 2023 we are meeting at one government center in the first floor hearing room persuant to Mass General Law chapter 30A section 20 subsection F I hereby notify all persons in attendance that this meeting is being recorded with both video and audio devices by Fall River government television by Craig Salvador recording both video and audio versions if anyone desires to make an audio video

or combination recording thereof please notify me now and I will make a public announcement of your intention our recording secretary this evening is Nina Krueger sitting to my immediate right present this evening of permanent members John Frank our vice chairman James Caulkins our clerk Dan deir uh and Ricky sahti also present is alternate member Eric Kelly uh with us also this evening to my

far left is the uh director of engineering and planning Mr Dan agar and to my far right uh Chris pereno our uh assistant planner Nina have all petitions to be considered been properly properly advertised and all interested parties notified in accordance with the rules and regulations of the zba and Mass General law 4A as amended yes I therefore declare the December 21st 2023 regularly scheduled meeting of the

zoning board of appeals for the city of Fall River open for such business as shall regularly come before it I remind all persons presenting before the board including petitioners abutters anyone in support or anyone opposed to the petition that your presentation should be limited to three minutes questions and responses must be directed through the chair the board's rules and regulations direct the board to

specifically look for information which is which support the petitioner's claim as such the petitioner should identify and factually support the basis for the petition I hereby advise the petitioners and all interested persons that this is the zoning board of appeals the board's Authority exist personent to Massachusetts General Law chapter 4A and is limited in scope and deals with the

use and of land as regulated by chapter 86 of the ordinances of the city of Fall River additional permits licenses reviews Andor approvals may be required for the specific development and and or use which is the subject of your petition before the zoning board this evening the clerks in the building planning engineering and Licensing departments are competent in the discharge of their duties as clerks they

are however not attorneys and not competent to give legal advice the action taken by this board has a real and Lasting effect on uh the title to your real estate I urge all petitioners to seek competent legal councel before filing your petition and after the decision of the board has been made for example there was a city ordinance 2015-11 section 10-1 requiring site plan reviews a copy of the ordinance is

available in the city clerk's office or from the planning department I remind everyone that the building inspector is the zoning enforcement Authority and you are here this evening because the building inspector has determined that your proposed action is contrary to the city of fall Rivers's zoning ordinances the city Charter section 9-18 mandates that all multi-member bodies develop and adopt rules or policies for

public comment we have adopted such a policy which in short provides for citizen input on zoning board specific matters at the end of the meeting if anyone wishes to speak at that time there's a signup sheet on the table just outside the door I disclose in an official copy of the uh Fall River zoning ordinance is available at the city clerk's office and I can and one cannot rely on the online zoning ordinance let us

begin we have one item of old business uh item um 01 hang on a second I'm good did it again item 01 under Ro business is 1265 Main Street LLC care of Attorney Peter a salino 101 president and Avenue map zero uh I'm sorry 0-16 lot one they have applicant seeks a variance to demolish the existing structure and rebuild a mixed use con uh concept consisting of 350 residential apartment units a parking garage and

retail space in accordance with the submitted plans waving side yard setback Building height uh type of use and unit count in the BL local business zoning district and the hd-1 Housing Development overlay District the applicant seeks a special permit to reduce parking requirements uh this meeting uh this item had been tabled at the November 16th meeting uh attorney salino is with us but we also have a letter uh from

him that uh directed to uh Nina our clerk dear Nina as you know the undersides uh the undersign serves as Council for the applicant in a zoning petition for the above reference address I write on behalf of my client to request that the uh that the instant petition be dismissed without prejudice unfortunately the closing transaction will not be consummated additionally as you may recall I provided a a sizable

deposit check to the city of Fall River at the time of application additionally I have paid on behalf of my client all publication fees as well as the tabling fee while I certainly understand that the administrative staff has spent some time and energy processing this application and preparing the legal advertisement and setting the matter down for hearing I do not think the fee

of this magnitude should be retained by the city of Fall River I know this uh that this is case of first impression of the city of Fall River but I see an I see no Equitable way where the city should claim uh to such a large um but unearned deposit accordingly I respectfully submit to the board um that it should return all deposits in excess of the base filing fee for a variance

and base filing fee for a special permit please provide this letter to your board for discussion on Thursday December 21st 2023 should you have any questions please do not hesitate to contact me thank you for your cooperation and assistance I remain very truly yours uh Peter acelino Esquire solino and syvia PC thank you Mr chair good evening for the record Peter solino 550 wi Street

Fall River Council to the petitioner um as Mr chair just indicated I've uh made a written motion to withdraw this petition without prejudice um as a result of that I'm requesting that the board uh work with my client to return some of the fee and when I say some of the fee just to be clear this is an excess of $30,000 fee the base fee for this fin would be $1,800,000 for a

commercial variance $ 800 for a special permit um so I certainly recognize that the city has spent time and effort on the petition but we never actually presented the matter to the board um it was never heard and so I'd submit to you that I think my client's entitled to some money back as a result of the size of the deposit okay thank you uh if I can ask either of Nina or um Dan is there

precedent for return attorney fees and withdraw and applications we've never had one of this magnitude that's been requested that hasn't been opened yet MH um and specifically in this case we had not deposited the fee because we were still dealing with the $100 per unit and then we had changed it to the 50 so we were waiting to see how that played out um so it was at my recommendation that that

the attorney submit it um if this was a property owner that was the petitioner and had written the check I may feel a little bit differently about it but this was an applicant um and through pns you know entered into this filing and the proposed closing that did not take place um was not of his fault U so it would be my recommendation that that we keep the base fee of uh of the variants and the

special permit and return the per unit fee um whether it be 10 units or 350 units as as this one was I think that's only fair I do know that the property owner is looking for other properties in the city uh to keep working in uh so we would like to keep that relationship working well as at the same time yep and this is a major developer and you know as noted this is kind of first

impression to the C if we had gotten into the hearing and we had potentially hired traffic consultants and that's what the fee is for so when we get into the meats and Bones of it if we need that type of review or that type of study done that we have the funds to do it we did not get to that point so has the 1800 been deposited at this point or

nothing a new check and hand over the old check okay um discussion from the board at this point you know a as we we should not look upon these fees as a tax nor should we look upon them as a penalty they're there so that we can process and bring in you know outside consultants if necessary which we have not done because this has not been fully opened so I'm looking for any discussion from

the board if there are questions ask otherwise I would look for a petition uh petition I would look for a motion that would allow us to um receive a new check for the $1,800 base fee and just return the uh the prior check we also have to deal with the request to withdraw yes I yeah that can all be done at once right yeah if you wanted to I'll make a motion to uh

withdraw accept the withdrawal and return the filing fees up and until the uh base filing Fe the base filing fee remains we we did receive a letter from the historical commission which I think we should read into the record um well no there's there's been no presentation yeah we haven't opened so would just add to that motion without prejudice correct that's that's important thank you do we have a second on

that second second that was Dan thank you any further discussion on the motion they hearing none uh Ricky zah yes Dan dear yes uh Jim Caulkins yes uh John Frank yes and chairman prair yes so thank you I know my client will appreciate that greatly all right um we've had a request from attorney Mark Leven that item number seven uh be brought forward due to a um scheduling issue that he has uh

attorney selino has uh has yielded yes thank you sir that we Grant commission to move the item forward motion to change the uh order of agenda second please second um on the uh on the motion John Frank yes Jim Caulkins yes Dan dear yes Ricky sah yes chairman furry yes item number seven katah Huli realy trust care of attorney Marquel 11 101 President Avenue map 0-16 lot one the applicant

puts forth a motion to extend time for relief from a previously granted decision dated is December 16th 2021 the applicant wishes to extend the uh special permit relief for a period of 6 months commencing on December 16th 2023 Council attorney M 11 or office at 138 Rock Street for Massachusetts and first thank you for your Indulgence this is very simple a 6 month extension to a

special permit to complete the work that needs to be done for the billboard sign um your lust uh uh city engineer took a job and didn't finish up with my client after CU he had to leave and so we my client had to hire other people and the between getting that done and working with the state for the permitting that has to be it just didn't get done on time so we're

asking you to allow us to another six months so we can complete this work let me ask one question up front did the state permit this uh it's in the process it's in the process and uh I'll remind the board looking at the dates this has already expired December 16th was the uh was the date so we're we're dealing somewhat in the rears well standard practices as long as we long as they request the

extension prior to the expiration okay that's that's statute um I I realize you're in the process with the state and I'm it it will be interesting to see what the state does with it considering everything has changed there was no elevated Route 79 zipping by this site anymore MH and nothing has been decided as far as what that swath of land is going to look like so I suppose we

we I have I I have some level of concern about it myself I don't speak for the board obviously um so we can grant it and let the Commonwealth of Massachusetts and its Majestic wisdom uh come back and tell us what the best thing is or do we wait for the Commonwealth of Massachusetts and the City of Fall River to tell us what's going to happen with the swath of Route

79 well we may not know that for quite a while correct um to be honest with you I don't even think the state would consider the removal of Route 79 as this is not on Route 79 this is on Dall Street um but I can't tell you what what they would consider do I think it can get resolved in the six months I don't know that that might be a push as well so but I think

it would be fair to give the applicant the ability to to make that attempt okay questions comments from the

board my scribe my scribe and clerk is is digging through the no questions no comments if there are none I would accept let just you say the work it's the only work that has started on this is the application to the state yeah the no because the state has to decide on the height and everything that's really what it is the height and the visibility and the illumination we're not as concerned

about we don't think it's going to be a problem it's just getting to the state I it was going to go away that's my only concern about it too is this was just floating around for a while because there was another project planned on that side exactly now gone away this so we going to go back to finishing this now this is already two years no one year one year one year oh okay

um if I can turn to uh to public comment is there anybody uh present that wishes to speak in favor of this petition no he was right it's two years two years a special permit special permit good for two years been two years have extension Beyond two years you haven't granted an extension no was two years is the normal the initial permit was good for two years you can so this would be the first extension thank

you is there any anybody here to speak in favor anybody here to speak in opposition of the petition okay they're hearing none then it comes back to the board for a uh we do have the right to extend we're only uh the petitioner is only asking for a six-month extension which I think is reasonable I'll make a motion to Grant thank you do we have a second second discussion on the motion they're

hearing none on the motion Ricky sah yes Dan dear yes Jim Caulkins yes John Frank yes and chairman prair yes Save triping the Boston yeah thank you happy Holidays happy holidays into the top of the order for new business item number one nnc Central properties Corporation care of uh attorney p uh Peter isolino 102 Pine Street map in-10 Lot 21 one the applicant seeks an after theact special permit to construct

four apartment units uh a four apartment unit building uh the applicant seeks another special permit to reduce the parking requirements the property is located in an M multif family zoning District uh and an aod Arts overlay District good evening for record purposes Peter Felino 550 Locust Street Fall River on behalf of the applicant nnc rental properties Corp uh the president of the corporation is here

with me to my left the petition before you uh is as the application States and after the fact um however it's probably not exactly what you think when you hear it so it's important to go through the history in my mind on this petition so the history is as follows on January 16th 2020 this board granted a special permit which afforded the applicant uh the ability to reconstruct the property

which had been damaged by fire and the decision indicates that there would be three units one parking space per unit the area requirements would be waved the West setback would be waved the front setback would be waved and the rear setback would be waved and that was uh recorded at the registry of deeds uh subsequent to that my client applied for a building permit and received a

building permit for a 4unit building so the fourth unit was not built without a permit there was a building permit the anomaly was discovered in site plan review and so at that point in time they were sent to the zoning board for this uh hearing on the fact that there is a 4unit building that is built the special permit was for three but the building permit was for four uh in terms of the

substance of the waivers the waivers would be as follows uh what is actually on the ground uh is four units and seven parking spaces so they I filed that as a special permit because it's in an aod so we need a waiver as it relates to one parking space additionally from an area perspective the pre-existing lot has 5,625 sare ft uh if you go by the requirements in that District it would

be 9500 ft the lock coverage is supposed to be 25% on the ground it's 80% the West set back is five it's supposed to be 10 the front set back is uh five it's supposed to be 12 the rear is 12 it's supposed to be 15 so the wavers to recap would be parking area lot coverage West setback front setback and rear setback uh I submit to the board that

what is actually built was is in my view better than what was approved in the 2020 special permit because of the parking uh at that time they were approved for three parking spaces and now they have seven uh so the parking is actually much closer than it was in the original approval um although it's filed as a special permit and I don't need to argue hardship I would support or I

would point out that the hardship to to the client would be that if this board finds that it cannot Grant the requested relief then unfortunately the reality here would be that a unit would have to be removed which would require significant structural um alterations and great cost to my client and lastly to drive home the point this was not built without a permit it was built with

a permit um so I don't think that you know it's as unored as it seems I know the board's not you know in favor of after the fact petitions uh but again this wasn't something that was built on a Sunday afternoon so since I'm an historian help me with the history here we granted a three unit correct when did this go to planning because you made it sound like you got

the building permit before you went to the planning board for site plan review yeah he built it first and then no no so the relief was granted for three units went through site plan review for three units mhm was built I don't have a copy of a building permit so I don't know if you submitted such but you may want to submit that or maybe a letter from the building department because I know

they've sat on this for about a year um it was at the time of as built and request for occupancy that it was observed to be a 4unit building but the building permit says four units I don't know that's what I'm done that that's what I need to see okay and the plan that went to the building department correct okay you have that information I think so yeah okay okay

so um so I think you need a table with then because you have to provide that information okay and I can offer originally the the reduction in parking down to three spaces the purpose behind that was to create Green Space and limit the lot coverage M um so it was a a total package kind of a thing where one space was sufficient so that they could have some green space in the rear of the

yard as well so that's why the parking was limited to three that would not be the case did did we do away with the green space or yeah they did away with the green space 8% okay so the request is building permit and the site plan submitted or the plan submitted in conjunction with the building permit correct

all right as a result of the request members of the board I make a motion to table this matter to the January hearing so that I can supplement the filing with the requested information appreciate that that motion members of the board yeah I don't think we can go forward without it yeah I'll make that motion okay second you take that to the January meeting you can yes pleas everything

January 18th January 18th 20124 Whole New Year all right second on that was you Dan yeah okay thank you very much on the motion then um John Frank yes Jim Caulkins yes Dana yes Ricky Sahar yes and chairman Prairie yes okay thank you item number two uh Keen multi LLC care of Attorney Peter a selino uh 30 Keen street map j06 Lot 10 the applicant seeks a special permit to converse convert the

pre-existing non-conforming 4unit dwelling into a five unit dwelling also seeking waivers for lot coverage and parking requirements in the S single family zoning District good evening for purposes of the record Peter Felino on behalf of the the applicant uh with me is John Peters who's a manager of keen multi which owns the property um located at 202 Street the uh Mr uh Peter's organization bought

the property in August and at the time that he bought the property there was an apartment in the basement and when he went to city hall or he came here to talk to the building department uh it was determined that that fifth unit um was not an approved unit notwithstanding the fact that it's entirely built and there uh I'd like to submit uh pictures also of the five me years uh for the record mhm okay very

good thank you thank you and that picture for the record was taken by Mr Peters uh in the basement of the subject dwelling so uh this is filed as a special permit and the obviously as the chair read uh the purpose is to keep that fifth unit that is there uh we've had petitions like this certainly before the board previously uh whereby someone buys something that has an apartment in

it that's not recognized by the city um I've explained uh to my client the need for parking and the concern for parking and as a consequence of that uh the proposal includes enlarging the existing driveway to accommodate uh five spaces off Street um the permit in effect would be addressing the uh lot coverage which would be 70% with this uh new extension on the uh easterly side of the property

um and parking would also be a waiver because uh we would need to have 10 spaces and we have five off Street in terms of addressing the detriment component um I'd first submit that the the apartment's already there so uh at some point I don't know how recently it had to have been used as an apartment um and it didn't have that enlarged driveway so I'd submit to you that he's bettering

the property in that way um the 5 meters clearly depicts that it was there and this is not some sort of madeup story um I think it's important to the analysis that the property is a dead end Street um because a lot of times we talk about through traffic and plows and things of that sort and then finally I think the proposal is consistent in the sense that not withstanding the fact

that it's a single family District when you look at Mr Tan's plan uh you'll see multif family dwellings surrounding the Locust and um a couple of single families but uh really I see multifamilies all around it so I'd submit to you that I think this is an appropriate use of the property um I don't think it's more detrimental than what's there because it's there um and we'd ask the board to Grant the

petition Mr Peters or I could answer any questions the board may have surrounding the petition or the building itself appreciate it the non-conformity already exists I did note on this photo it looks like there's a a blank meter socket there was that do you know maybe for a house meter or so there was actually two units in the basement went down noty six units out there okay so there were six at one point okay all

right are they being combined meaning in the two basement units The Proposal is for one unit it's for one unit yeah we haven't develop the floor plan for the basement unit yet um waiting you guys decision on this okay so you kind of you're starting from scratch in the basement again it's there's carpet down yeah there's finish you know wall finishes and ceiling finishes up um I don't know that we

would keep that configuration we might mod ify it a bit maybe make it smaller uh maybe make it bigger I'm not sure there's a lot of room down there all right that's fair I have a question regarding parking uh when I went down there there were like Vehicles up against right right against the end of the the street and it's not a culdesac there's no place to go I don't know if they were tenants from your

building uh but they were kind of parked up against the property that's um um the one that's labeled 59 left yeah 59 so the the building is is currently bacon of tenants um we're in the process of doing some minor repairs paint the walls we actually just re-roofed the building um so I'm not sure who was parked there okay yeah have no idea it was just obviously it's crowded it's a narrow

it's a narrow Street back there Etc uh questions from the board comments from the board at this point so you don't know how many bedrooms that uh basement unit is going to be I I mean we the intent would make it at least a two-bedroom but you know if you guys decide a one bedroom would be okay we take that as well currently it's it's a two bed that's what's down

there and at some I'd have to say at some point there was a sixth unit down there that was vacated decades ago anyone else uh so you're looking at a maximum imum of five parking spaces is what that's what we can fit Mr Frank any so now virtually zero Green Space right you're going to what's the lot coverage going to be at the end of it uh it is

70% I have the funny feeling this building existed before this was made single family District most of that that's normally the case yeah uh comments from engineering planning no just if you do decide to move it forward uh site plan review yeah be required specifically dealing with uh storm water runoff at the increased ABIA surface yeah it's a lot of coverage uh any other questions from the board at

this point before we go to the public is this this point motion Mr chairman we need two motions uh this it would be and I still have to go to the public but the the motion that it would not be detriment more detrimental in the neighborhood and then the motion to approve do you need another one for parking as well yeah so three three so turning to the the public at

this point is there anybody here to speak in behalf of this petition in favor is there anyone here to speak opposition opposition okay are you the owners or yes okay just want to add your name and address for the uh for the record please Michel mad Mr and Mrs Michael mad 77 off Street okay so you're right behind it the only one that got notified on that side of the building along with my both

the side both both sides of me never notified they both this property which was that got notifed Street 1559 street9 stre 59 Alo Street was notified 59 by name no no their names are listed on the certified of Bug's list and that's where the mailings were said he never well that doesn't mean that he wasn't notified may maybe the mailman obviously or maybe he threw it away but by the requirements of this

board understandable the notices went out to all of the abuts on the abuts list and County Street the other was 1359 County Street I don't believe 1359 j65 Alicia Carrero 135 out bler and Taylor Carrero so those people and these go up via certified mail so no they don't I'm sorry they don't go out certified but they they come back and if it's it's not yep open if it's not taken out of the mailbox within 5

days they come back to us okay all right anyone else to speak in well well he hasn't offered I think I don't think he's offered an argument yet whether he's for or against other than notification so if you'd like to elaborate on this opposition well there is a certified a Butters list that it's created um may have question and that is certified by the city clerk's office correct by the assessor by the assessor's

office notification was made in in accordance with the statute if he has opposition we'd like to hear we can get past that on next what's what's your opposition can I can I speak pies am I allowed to present them yes can I get up yes please come forward

yeah please regards to the property on Street single in a single varing zone petitioner is requesting the W requirements of single family Zone and a single family my family opposes we purchased our single family home in a single family area for a good reason we didn't want one of the big reasons was we didn't want to have streets parking lots in our immediate backyard we didn't want problems

associated with the car lot in our backyard outside our bedroom windows just like some of the other homes that we had looked at when we were purchasing our home that we passed on nice homes just in the wrong wrong place wrong crowded place the proposal lot does not leave enough room to turn one car around in there right now never mind four take a car down there right now and

turn around you won't be able to turn it around never mind three other cars sp there and there's an eight 7 to8 foot retaining wall on the east side protected by nothing but a chainlink trench I can't see how any vehicle will be able to turn around and parket and drive and and then drive off you can clearly see it on the plans there is no place at all and in the pictures that I

just presented to this never mind the front driver where they plan on parking a car in the front and they're going to need a driveway easement going through I don't see how that's going to work what about the headlights and shining in headlight shining in my property and my bedroom windows all the noise Associated like music exhaust doors banging Etc and then and then the lot will need obviously ination which

would be Illuminating in my yard along as my along with my other neighbors around me as well fer wants to increase the coverage to 70% for now what about down the road nobody's looking those little pieces of unpaved spots are going to need some type of s care but stopping them from Paving over them later on when nobody's looking what about run off if you go you're going to cover that much

of that lot where was all the dirty water from the cars and rain and treated snow treated snow melt on the go snow plowing where are they going to push the snow up against my fence to move melt up against my property and foundation and my neighbor's house it's all downhill from the street to my property and my neighbor's house very little unpaved to exorb anything in a single family Zone I don't see how how

far are five car lck four or five Lots in this area because it's a single family Zone in a single you don't see many Lots in this area cuz it's a single family Zone and it's non-conforming now why like them turnning into a five to increase the parking dilemma propos driveways dysfunctional Band-Aid to what they need for a full unit mine to five and and it still will be non- conforming after all said and done the

city Z the city has zones codes regulations for many reasons one of which is to protect homesteads like at this time theer talking problem shouldn't take away from the quality of life and quality of my family that has strived for and has had over has had over for 20 over 20 years only to lose it because of an LLC who is aaton looking to make capital gain without any care about the

families that live around the cash C the parcking lot the parking lot that the partitioner is looking to construct will be taken much away from my properties qu quality of life that we've grown to enjoy and there's value in having qu a quiet backyard and enjoy the peacefulness we hold dearly this lot will have an indoor and outdoor quality impact on my family and myself with all the noise vehicles coming and going

outside my bedroom windows we don't want we don't want this to be we don't want this when buying our home back in the day well we don't want it now this is going to make an unfair change in our life someone for some one else's game there has to be a better park there has to be a better parking plan to be used in that small odd space lot the OD Shake lot from the make of

the property constructed uh property to construct the makeshift parking places the propos has flws that we are going to have be forced to live with alongside of 3 minutes is no means enough time to explain severity of this proposal and outcome of my property please have some consideration for my family and a lot coverage for now and take better look at take a better look at this proposal and

keep in mind the more units the more vehicles questiones to wave it down to one vehicle per unit usually it's more like two to three vehicles per unit no please take more time and looking at this proposal before decision it's going to have a massive impact on my family juliam 77 house off street thank you for your input what's the coverage currently percentage of coverage 50 I think

say I can point out some things on those pictures if you'd like me please hang on please just just hold please one point was this a four family when you moved in there's a four family that's been has I guess people squatting in it maybe for 20 years there's been a couple apartments that were filled that's it the apartment in the bottom I knew the person that owned the house the bottom

apartments are pretty ratty there's one in the corner that's a cave I thinking it may be a fifth one that they're talking about like little tiny windows in it and stuff okay simple question but so it was a four family it was a four unit probably when you when you purchased the property okay not being fully used correct okay and and sounding like it it's not in good condition and

we have an owner now that seems to want to do some renovation on this property and whether it's four or five doing renovation on it that's going to bring it up you brought up uh a concern about runoff Etc please keep in mind that is not under the purview of this body this is the zoning board of appeals we deal with the uses of property the planning board will have to hear this

if we if we approve it to move forward in order to site plan review site plan review uh in order to still the planning board um in order to uh talk about such things as drainage runoff Etc that that falls under under their purview so we're land use and it's it's either a thumbs up thumbs down or some type of uh conditions Etc that we can overlay strictly from the property use

standpoint and then the the other issues of green space r uh runoff Etc falls under site plan review so we're at 50 right now on coverage this bumps it up to 70 correct with the with the fifth parking space uh Etc is there anyone else who wishes to speak in opposition I'm not sure if I'm allowed to since I look across the street I don't know yes yeah absolutely if you can state your name and address

please Streeter okay again we appreciate the the property manager company and the owner better the neighborhood obviously it's been a um I wouldn't say abandoned as there have been people living there but you know there's been disarray with that property for a long time so that we do appreciate however I think the bigger issue that we have is you know again adding an additional apartment you know

we're on a 400 foot uh Street and at the dead end part where I live and have to uh deal with snow plowing in the winter um I I just don't know how with additional property or additional apartment and what we know of when there was four Apartments there the number of vehicles that were there we ran into a lot of issues again we don't want to be negative because we know that hey you

know someone's buying into the property and wants to better the uh the neighborhood however we do have concerns because again we've been there I've lived there for over 18 years my in-laws have been there for over 35 uh this young lady here in front of me has been over 60 so again and the neighbors to the side have been over 80 so we're you know it's a very small close little

neighborhood um and again we just from our standpoint with the additional uh request of the apartment and the you know the parking situation that we had at the end uh when the previous owner had the facility before it was uh uh sold there was always a number of issues I do have some photos here at the end of the street if you like to see what that looks like from a dead end standpoint if

I can present that I mean we can we can take it in I was out there the other day uh as far as off street parking how many off street parking spaces does your property have just for example my my property yes uh two parking spots right there that's the two vehicles that you see and that's a three family correct correct yes okay and I don't know about the others

I'm not quite sure okay so it's not really a driveway it's just that turn in on the front of the property yeah when I was down there where these barrels are there were there were Vehicles yeah so what ends up happening is like so those barrels were on property uh that's in question uh they just put those there because again they did a nice job cleaning up the property

and like I said we're not I don't want to be negative against you know the vment that they're doing but again the effect that it has on us especially at on the winter uh during the winter months I end up getting uh my snow blow out to end up snowblowing what the plows Dro there like in that front part so where those barrels are they just plow everything right in front so you can

imagine it's you know we don't park our vehicles there we have one spot in front of our house that we used to park a vehicle but parking was so tough that my in-laws went from a two vehicle home to a one vehicle home because of the issues that we were having in the neighborhood of parking yep and unfortunately in a city like this with some of the some of the

odd streets that we have yeah it's a recurring I live in a Major Street and I lose at a four-way intersection I lose use of a big ton of uh sidewalk every every major snowstorm so like I said you know previous owners they they really the previous owner passed a years ago and you know talking about the the basement apartment that has been abandoned for at least at least eight years if I'm not mistaken when the

person who lived in that basement apartment passed away um so again I know that uh you know chur try to put that another either single F uh one-bedroom or two-bedroom again is it one more vehicle is it two more Vehicles adding to the other four you know they had difficult times parking in that structure now uh where realistically you know before um it goes into the backyard they tried to fit four vehicle sometimes

five and then they would take that front part of the uh where the dead end is so technically that roadway they would park additional Vehicles there so it just it was a very tight situation so again with the additional dwell additional apartment you know we're concerned that again it's just going to add another vehicle or two on top of already a very tight space well I'm sure it's I'm I'm

sure it's difficult you've got two parking spaces if anybody has a guest where do they Park exactly like so like at the holidays I end up moving my car all the way in as far as I can I have you know folks park behind me park in front of me block us in just that way we're not um you know we're not uh blocking other folks on the street also

trying to back out of my driveway uh if there's Vehicles parked there I do have to back into that other property in order to make the turn to go down uh Keane street so it just it's a very tight uh end of the street so that that's the biggest concern that we have on that side all right thank you sir thank you for the input think we have another yes hi my

name is Jerry ameral no relations I live at 39 King Street uh about 40 40 ft from um from 20 24 26 keing Street um keing street is 400t long is like about 25 give it to take a couple of feet wide uh we have 14 it's all double family houses we have 14 tenaments on that street there's three single houses on that street eight driveways two of which are double driveways Eric's driveway and my

neighbor Alice across the street driveway which is right adjacent to uh R this gentlemen you mentioned those barrels those barrels were never there when they were selling the property the real estate agency hired aany to come and clean out furniture and and a lot of trash bags and stuff like that and when they were cleaning it out they're the ones that put those barrels at the End of the Street those barrels were

technically on the side of of um 201 street right where like the driveway is um it's as now go it's kind of it's very tight we have 14 families uh there's one person across the street that has four houses um my house we have to we all at the end of the day when everybody is Park on let alone not blocking the driveways the streets is just very difficult and it's very

tight I understand and and you understand even if we're to if we were to deny the fifth unit it's still going to be a 4unit building that's that already exists right so with like I said you know with the with the 14 tenaments figure two cars you know there's two cars per tenament you know we've already got a bunch of cars on the street what he wants to add if there's two more car

they can be anywhere from 10 to 15 more cars which are not going to fit in the backyard and unfortunately not on the street because the street is so skinny and with all due respect there are some houses right now that don't even meet on this street that don't even meet the One toone requirement that or and actually the downsize requirement that we've had pass in other places so there are houses that

have do not account for three parking spaces for three for three apartments and again something that's very typical in the city of Fall River um so it it's it I understand the concern but somehow or another at one point in its life this got to be a five or possibly a sixun house probably long before there was zoning and it is a four now and that is in a single family zoning District so

that makes a little bit more difficult I understand and and that looks like a t a tight parking space but by the same virtue having to use that in order to to back out of a driveway it's still somebody else's property so it's a matter of you know what do we do to make a situ not make a situation worse the first you know the the first vote that we have have to take is is this

substantially more detrimental to the neighborhood and if it's yes if it's yes it is then then we don't go any further but that's a determination that we have to make based on your input based on the fact that we've you know most of us have been out and physically taken a look look at the neighborhood to understand what we've got yes you know Etc it's tough we got tough little streets like

this tucked all around the city and as soon as somebody wants to come in and the good news is somebody wants to come in and rehab this property that's a great news yes and I'm sure you know it's a nice little neighborhood it um Mr chairman I mean it might make sense to offer or allow the applicant to reconsider maybe a different design I mean looking at this I can see the

potential of maybe getting to 8 spaces you may need to use porous asphalt uh in order to get the lock coverage down but I think there are things that can be done to potentially respond to some of the abing concerns there could be screening in place uh whether through fencing or plantings for the abing single family uses reconfiguration of parking um and different types of surfaces and drainage that you could

require them to provide um to ensure that the increased runoff will not be detrimental to the neighbors some topography maybe so you can get an understanding of where is the water going is it running to where what is Downstream is water running to the street is water running to the single family dwellings um around it mostly our basements so so again I don't want to I don't want

to direct the applicant which which way to go but I I think there's room for some improvement on on the plan as well if if they wanted to consider that or you would allow them to consider that before making yeah I mean I do have concern about the parking layout to be to be absolutely honest understand trying to keep the impervious area down um but that can be done through different means you know like using

porous papers or porous asphalt if it's if it's that important to to get the additional unit hang on just a second okay yes I'm sorry sir I did have a question for the property management company is there any uh discussion of taking any part of because again it's a very narrow uh part from their uh front door to the street AR planning on taking any or trying to petition for any street parking right to

make that currently part of their property no we couldn't do that just want to make sure because that again it's like literally a couple of feet so want you can't petition for for on street parking it either is or it is I just wanted to make sure because again I just I was trying to decipher uh from the site plan up top I just wanted to make sure that that wasn't I did have

another point in the backyard just for this you know because again I I've had uh we mow the LA old couple across the street so we get to see that part of the property um from there from the property here to the adjacent properties there is um a drop down so at least a good i' say 5T if not more again I'm not an engineer it drops down to the neighbor or the

neighbor drops down to here which one's lower so the neighbor is lower so headed towards the madas property at 77 or headed towards 1359 County both of us raining that goes right around the whole corner of their property mine's about 2T it goes up further as it goes towards County County Street property is about 6 to 7 foot retaining wall with 4ft chain link fence that goes along you can see it in the

fence yeah you can see in the excuse me you can see it in the pictures that I the house is low a major drop on that back side I'd love to point out something else you're right ahead can I stand up please I can point please there's one right behind even better on this on this right side right here j6 the two parking places right there how are they going to turn around they

can't were they going to just pull right in and have to back all the way out they're not going to be able to back up to that retaining wall and fall off that wall into my neighbor's house there's no room for that that little little right hand a little spot there that's useless and what about these parallel park cars okay but sir room for the parallel park they they'd have to they'd have to back

out that that's obvious all the way out just like everybody else backs out just like everybody else who backs out and has to go onto this property yes they have to over here one parking place right there it's the pictures I produced you can see it is no room to park a car there and actually have a physically working driveway going down there without going into the neighbor's property and I am very concerned about

the run off because it is all downhill you can put and again that's not under our purview I'm sorry that's quite all right but coverages block coverages Mr chair may may my client respond please please thank you I just want to make a point with that retaining wall is we would put our guard rail up obviously we don't want to see any cars accidentally go over that retaining wall it makes the space even more

smaller they're not going to be able to properly use that space as a driveway it's so bloody small and it up at the corner of the Sir with all due respect this is not a debate we understand exactly how you feel actually we're going to take more cars off the street with this parking plan I feel back my Navy's on sir please I'm sorry okay please you've made your point I understand and we appreciate

you're coming out but this is not a running debate and I will not have my meeting interrupted thank you how many spaces are there right now three three kind of yeah three and a half can we do aside from a guard reel can we take a look at this parking situation and try to better this go back to go back to your engineer and see what else we can come back

with it's up to you otherwise we vote on it the way it is yeah let me just have a quick minute Mr

chair

many relevant to the lot coverage so when you deal with zoning one of the ones is lot coverage you're the same basically what I'm hearing is there's look a little more if we can address conerns question January

Jeff you can you you know those things here so he get to for the and for two years you can't come back I don't see why you we can't just that's the only change we can make yep okay okay U Mr chair my client is willing to make the driveway uh perious material as opposed to impervious material if that would better the uh proposal what are the size of these parking spaces as drawn because lab on

there 9 by8 perpendicular 9 by 20 for the parallel spaces a sorry how many bedrooms are in the uh the other four Apartments uh there reach two beds two bedrooms all right any other questions from the board just addressing some of the site issu liting is there any thought of a vegetated border between the two properties um we haven't really gotten there yet because in my mind that's more

of a site plan thing but John are you opposed to putting some trees up to buffer the I'm opposed they come back I'm in favor of doing anything that's fair and Equitable for a budding neighbors well I'm sure when you get the site plan if you get the site plan you know the the a condition like that would have to come from this board there there is I understand that I'm thinking of the

issue of of drainage Etc y you know I didn't go into the back I don't know what the you know that that drop off is you can see there was a drop off I don't know how bad it is I don't know what that does to you as far as your parking um it's tight you somewhere somewhere in time that started off as probably a single family home or a two family home and

grew into a four and that's that's what we got except for any questions that may came up come up your your presentation is complete so that means with the the consideration of of pervious material for parking uh no change in layout frankly my client doesn't think he can change the layout too much to be really to address I mean there's certain constraints to the site okay in that case it comes to us we've

heard U is there anyone else that wishes to speak in opposition at this point okay we've heard from Three director buddy neighbors uh with their concerns um if you've been out there you understand that it's tight you understand that you know parking is difficult um we have a developer who's trying to come up with a parking plan that in some cases if it's five units there's five parking spaces we're in a better

situation than some of the existing the existing properties out there although it's going to be somebody comes in with a Ford F250 I don't know where he's going to put it um but that's typical size parking spaces at 9 by 18 ft so um that's a way to go we would have to uh we would have to determine if this is uh substantially more detrimental to the neighborhood and then we would have to address the the

question of the special permits that are being asked for to increase the the uh number of units from four to five and the um the parking question this where we get to do our jobs

kids I'll make a motion that it is more substantially more detrimental to the neighborhood motion's been made that it's more substantially detrimental to the neighborhood is there a second second second on that from Dan deir discussion on that motion hearing we're in a dist quandry because the provision of the additional parking makes it a better for it as exists now but but it we go to another unit

then it do become a det motion stands on the motion Dan um I'm sorry Ricky sah yes danar yes uh Jim ckins John Frank yes chairman Prairie yes thank

you thank you gentlemen thank you Peter yes I need those pictures you have to talk to the assistant planner he gave item number three dark LLC Peter a k Attorney Peter selino 79 709 Broadway map G22 lot three applicant seeks a special permit personent to 86- 424 and 86- 425 of the city of Fall River zoning ordinance to convert the pre-existing non-conforming funeral power into a two

two dwelling units uh a three-bedroom and a Studio unit the property is located in an R4 two family zoning District good evening for the recor Peter toino on behalf of the applicant uh this property for reference purposes is the former uh boyco Funeral Home 709 Broadway the property as it sits had this funeral parlor on the first floor and two apartments upstairs The Proposal is to convert the funeral parlor into

two apartments one would be a three-bedroom unit one would be a Studio unit uh the parking in this instance is rather plentiful uh there are 14 spaces on the ground now obviously it's supported a commercial use previously you have a point of Ingress and egress from Broadway you have a point of Ingress and E ress from sprag street so I think traffic uh is not an issue parking is not a request it's really

just about the change of use uh to alter the funeral home component of the building um which is no longer occupied or used as a funeral home so I would submit to you that this is far less detrimental to the neighborhood from a density perspective uh when you obviously when you have a funeral or a wake there'd be cars in the parking lot on Broadway and on Sprig um this is not

that and uh I think the proposal is entirely reasonable with a pre-existing building that's no longer used as a funeral home succinct I have very few questions on this one I have none excellent I think it's a good reuse of a of a property specifically where there's another funeral home two doors down so going have goth people cruising in looking for apartments but any questions from the uh from the

board since is is the special permit we would have to uh oh I'm sorry to the general public anybody here to speak on behalf of this proposal anybody's do speak in opposition to the proposal they're hearing none it comes to the board uh this would require a uh a motion regarding the uh impact upon the neighborhood substantially chairman I know that would not should be substanti more detrimental to the area and that we

Grant second motion and second comments on the motion they're hearing none on the motion John Frank yes Jim cins Danier yes Ricky sah yes and chairman Prairie yes thank you one of those nights Peter no we can buy him so item number four Manuel Aruda care of attorney Gregory Brun uh zero Tilson street map c-40 four I'm sorry 404 I'm sorry 04 I'm doing okay Lot 24 the applicant seeks a

variance to demolish existing 20 foot X 40ft garage and to construct a new 30t X 40t garage to be used in association with a landscaping business waving use lot area lot Frontage lot coverage Trifecta and setback requirements in an A2 apartment zoning District good evening good evening Mr chairman members of the board for the record attorney Gregory brilliant on behalf of Manuel Ruda petition is here

before you uh tonight requesting permission to demolish the existing garage located at zero tilsed Street and to erect a new structure 40 by 40 as shown on the plan submitted um the same waivers relative to use lot area lot Frontage lot coverage and setback requirements are in effect the existing garage just so and I know many of of of the board members go by the the areas is quite simply in

deplorable condition y deplorable I mean people are going to actually get hurt and I'll go to that and speaking to the naighbor what they had to say okay it's just the roof is caving in um it's the subject of people that living there in fact I was told by one of the neighbors and speaking with them that there they actually somebody died in there somebody was actually living there it was

abandoned and they were they died they found them dead um so the neighbors are very concerned very concerned um about the actual building itself and the dangerousness of that building they're also very concerned because no one's even monitoring the use of the building in the spring people just come come and go on the property and have bonfires and the the budding neighbor a very nice uh lady named Miss

LaVine told me that she get get so afraid because they're drinking and the bonfire is going and it's all as you can see there's all shrubs all around she is definitely afraid that there's going to be a massive fire okay so the new structure as I said is a 40x40 building it has a three garage doors the height of the building is 15 ft my clients intend to fence it in do all the

Landscaping which is obviously their business it'll be well lit and resurfaced okay so it'll all be redone the one change right now if you went out to the to the site is that the garage doors what's left of them are on Tilson Street okay what my client suggest to do is when he puts up the new building he wants to put it in the same exact spot but the garage doors will now be on a

clip Street and he will use that Frontage for his uh uh trucks he's got four of them that well there two there's four or three four four trucks um and it's going to be used for his landscape business they've been in business for 20 years but they've lived in the neighborhood they they actually live live at uh 450 and 4 excuse let me make sure I get those those right I think it's 450 and

462 um montop street so they've been in the they've been in the neighborhood for actually 30 to 35 years um the business has been in existence for 20 years right now they have four employees okay including Mr uh Aruda and his son who actually run the business the hours of operation on the business is going to be Monday through Friday 6 to 6 Saturday 6: to 1: p.m. no Sundays relative to all their machinery

and everything they use that is going to be stored inside the building there will be nothing out front okay and to the extent they can put the trucks inside the building they're going to do that so in in terms of what they're going to see out there it's going to be completely cleaned and it's going to be in my opinion a benefit uh to the to the uh neighborhood um I just want everybody to

know I spoke to the director butter Miss Fay personally I spoke to director but miss LaVine personally I spoke to uh pereira's Auto Sales personally the only person I didn't get to talk to was Miss Benavides who was in a butter but I knocked on her door twice but she wasn't home the neighbors are ecstatic about that they did have an they did have a question about plowing my clients do

plow but they they don't have any big commercial accounts um they they're not in there at night unless there's an absolute emergency and and the and the neighbors were very very happy about all that um as I say a lot of times we come before this board and as an attorney we have to stretch the the the hod chip um there is a hard chip here it's the building itself and and the neighbors are very

worried about the building they all feel that this is going to be a tremendous benefit to the neighborhood um so the building itself the structure and its existing condition is a hardship because it's completely dilapidated it can't be saved it's got to come down anybody that's gone by it I was amazed because it's it's got trees on it and it C it's caving in and and and it's it's in very

very bad condition in terms of the neighborhood itself if anybody's gone down there my client is is is encompasses businesses both of his immediate AB Butters are businesses one is the Liberal Club um and it has its pilent it's hard to see CU this is how bad it is around there but that's the Pavilion for the Lial Club where they hold all their fees and then it's the parking lot and on the other side on the

North this is perea's uh garage it's an auto repair uh garage I spoke to them they would love to have this happen because they're afraid something's going to happen to that a fire they're they're afraid for themselves um and as I just want to point out the last thing is I have spoken to the neighbors and again I can say and Mr pra is nodding I think because obviously I think he's actually

seen it it's just deplorable something has to be done um for the good of the city and I think for the good of the neighborhood these people are from the the neighborhood again uh 450 and 462 mops right around the corner they're from the neighborhood they're not coming in here to disrupt the neighborhood that's why I don't think there's going to be any objection but I'm not sure I I

know who I've spoken to um but the people I've spoken to from the neighborhood are actually very much in favor of it okay um Mr Rudder and his son are here um if there are any other questions or of me as well Mr chairman uh just a point of clarification I'm looking at the proposal and um as you've stated J building it's 40x40 yet the agenda has it as 30 by 4 and the

application Has It by 30 has I don't think the application has I didn't do the application Mr Tom and I don't think the application has any size application is specified in in the plan that was submitted at 40 by 40 initially when we went to the billing department with a denial letter the original intent was the 40 by3 and then that changed uh prior to filing the petition the applicant decided to change I'm looking

at I'm looking at the application and it's 30 it demolished the 20x 40 to construct a new 30X 4 this is what I'm looking at also Mr chairman if I may I and I I know I I did valid question Mr S I do not think that and I'll ask Mr Agia too who may uh also have U um an opinion on it I don't think anything relative to the garage it's a

it's going to be a non-conforming use um and there's not going to be any difference in the relief saw although I do agree with you Mrs hardi I don't think there's any difference in the relief saw trying to it's a protection to you because we've advertised one thing based upon the the um the application and the plans the plans show the 40 by 40 the the when you say the application are you talking about the

denal from the billing department says 30 by 40 yeah the actual application does not make reference to that um the only thing I would add to that is what we're talking about out here is not a private garage uh so therefore the size of the structure itself does not require relief y um it if it were a private garage where the it would be an oversized private garage that would need

relief um then I could see that being an issue but my concern is that uh as the chairman has pointed out we advertised it one way and it's being presented another way the yes uh it's being presented another way but the the expansion that 10 foot expansion from the 30 to the 40 um is heading towards eclip Street it was uh it it it's not adding any uh it's not something that needs relief um in

other words if it was if the size of the building needed relief then I could see that being an issue with the advertising the size of the building in this case since it's not a private garage does not require relief so so the size of the actual garage is irrelevant it's the the setbacks of the property lines and the lot coverage issues well if it was 100 by 40 it wouldn't be irrelevant right well

correct but in this particular case um the relief would still be the same if it were 40 by3 or 40 by 40 we're still asking for the same exact relief and and and I stand corrected and I apologize I was looking at the the building inspector's letteri that has the the size that is part of the application though I just want to clarify yeah we're we're aware of that Miss krugger we're

not we're not we're not suggesting that that's otherwise um I had a conversation with Mr Mr um agar um relative to proceeding because I I caught it afterwards and I just was my opinion again as I said I don't think the relief is going to change in any capacity so I think that the board would be okay and moving forward relative to the petition um that's my opinion but you I I would

say if the building was getting 10t bigger towards Tilson right then you might have a concern but it it's it's always been clear what the setbacks were going to be and the additional 10 ft is internal but Bing eyes and Crossing teas I don't want to bring it back if we don't have to but the uh it's really up to the applicant to decide if if you if they want to go forward with a potential

deficient petition because if on appeal they would most likely lose right let's talk to the public and see what we get I was I was going to ask you that Mr chairman is there anyone here from the general public that wishes to speak in favor of this petition is there anyone who wishes to speak in opposition to this petition when and so far um it's a fine line and we've pointed it

out and I'm thinking out loud right now which is dangerous because I'm thinking of a lot of things right now um I certainly wouldn't in the case of an appeal were we to approve this you might lose um but whether it's 30 by 40 or 40 by 40 it fits yeah yeah I mean you you could make the determination although I don't think it was the case that it

could have been a scrib as error um and where the plan clearly illustrates 40x40 if they showed 30 by 40 then it would be a different and the approval will be in accordance with the plans just presented so and I do know for a fact that because I also spoke to the abuts they understood 40x40 Gage just I'm sorry Mr chairman just as a point of clarification um I I don't want you to

uh have the misunderstanding that I'm opposed to the uh no Mr I don't it's a point well taken yeah I just um wanted to clear it up legally as the chairman and then Mr Agia has pointed out perhaps on appeal it would not stand but you understand that uh going forth this evening we could approve it with that stipulation with that uh understanding that perhaps perhaps I think we I I

think I hear it loud and clear and I'm well aware of that that could be the case that's why I think with the chairman did here tonight and I'm not pre pre assuming what you're going to do um seeing if anybody was here against it I I thought was a good idea because if someone was out there then then I'd probably say that don't move forward but Mr agas suggestion and I agree it's a

stretch whether it's a scrier area scrier error because the plan does to pick 40x 40 if that maybe could be stated in the decision I I would appreciate it um but again I I don't I don't make the motions and we have a well prepared plan by a respected firm and we're going to refer to the plan so chairman in view of the fact that the uh scul is error or whatever it is that

that in in the dimension presented do not change the nature of the variants needed that I move that we Grant thetion based upon the plan as submitted second we got some conditions you got whoops hold it yeah number of conditions what would you like to put in this tag y um well that storage of all materials should be inside the building with the exception of vehicles storage of materials privacy

screening at least a six foot privacy fence six foot privacy fence they mentioned hours of operation yep hours of operation Monday through Friday 6:00 a.m. to 6:00 p.m. Saturday perhaps with the exception of snow removal with the exception of snow removal yes snow emergency snow emergency removal yes thank you Mr ckins and I don't you might want to make it a condition but I don't want it to get the site plan review

there was no signage proposed or approved to this petition I see that there was no signage in this application so they're plan on just having a wall mounted sign on the side of the building yeah there's nothing L we we I had already talked to that's one of the things that the neighbors did did not want they didn't want any bright illuminated signs something something like the pareas have they have something

attached to the building that says Flamingo it's Flamingo Landscaping nonilluminated no signs I don't think you can approve any sign no without seeking that relief I don't think he's looking for walk-in customers anyway put on the building I don't think so no it's an A2 Zone A2 Zone I don't think signs commercial signs are allowed period okay I mean you you could make it a condition you could vote to allow a

2x4 wall mounted sign if you chose to but if you could Mr chairman I appreciate it but I do understand again that point I just don't want to come into to me for site plan review and then we have to go through this whole thing again looking for any illuminated sign and definitely not looking for anything anything maybe a small what as as Mr a 2x4 or something just say it's there

seems to make sense you guys that that's good yes yes something it's exist um that's next door question um do you guys do any of the where do you do the maintenance on your equipment maintenance on the equipment and usually is sent out some maintenance they they will do inside the building inside yes that all be done inside any maintenance on any any equipment anything like that will be done inside not

outside okay and this is a privacy fence all the way around you lock this up at night so nobody's coming in around with anything absolutely again not within our purview but again considering what's happened out there with the the building that's out there let's make sure it's something that's I told the neighbors that whatever conditions that that the board puts on it we would be amenable

too okay you in the middle of sorry you said that hours of operation Monday through Friday 6:00 a.m. to 6:00 p.m.

and then you started saying Saturday and got cut up 6:00 a.m. to 1: p.m. no Sundays okay again with the exception of any emergency situations relative to snow removal you were in the middle of I just said with these amendments accepted okay so that being the case that being the case uh We've got a a privacy fence 6ot privacy fence is that what we're talking about 6 foot privacy fence all the way around we are

saying a sign no a building mounted sign no larger than 2x4 ft the hours of operations as uh as stipulated no storage of storage of materials or equipment no yeah no storage materials and Equipment outside can you guys work with that yeah they don't they they get you they don't don't get the equipment it may I don't know how this would work I mean we're not going to have a mulch pile up no no

that's exactly it but sometimes when they do a job they go get the mulch every day when they do a job they come back that night there might be excess mul sets left there to take out the next day theck yeah in the truck I mean you don't have the space I mean we're not going to have there's not going to be I asked that very question there's not going to be Mulch and dirt

and things all over for the neighborhood BL okay all right and and what site plan site plan review yeah is that it got all the pieces we need I'll suck at that uh Mong it's it's it's trust me we thank you it's all so I have a motion in a second any discussion on the motion on the motion Ricky sah yes danar yes Jim cins John Frank yes chairman Prairie yes members of the board Mr a

thank you so very much for working with us with that thank you very very much apprciate thank you have a great can we have uh those photos back over here just we can put them in record thank you all right item number five Rodman Enterprises LLC 755 Rodman Street map i22 lot 13 the applicant seeks a special permit personal 86 425 of the city of Fall River zoning ordinance to convert the existing the pre-existing

non-conforming three family dwelling into a four family dwelling another special permit is requested to increase the lot coverage from 60 to 65% in order to provide additional parking the property is located in an A2 apartment zoning district for the record sir uh good evening for the record Jeff Tolman from Northeast engineering um here tonight representing uh Enterprises LLC the applicant for this petition uh

quite simply what we're looking to do here is there's an existing three family uh dwelling on this property um with a garage located at the rear um the property uh was recently purchased by the petitioner um in addition to the two adjacent properties 743 uh Rodman Street as well as 7 uh 71 Rodman Street uh it was a package deal they bought all three lots those three lots have been in

common own ship for quite some time uh they uh although this lot you know meets the lot area the minimum lot s uh area for uh the A2 Zone the 10,000 square ft um depending on how you look at it it is on the size due to the number of units that are on the property with the the the three family dwelling uh it would require 14,000 ft in order to be in

compliance uh the lot on the corner 743 um Rodman Street is also on the on the sized excuse me with the 5,000 squ feet that it has uh so what we're looking to do here uh sticking to 755 Rodman Street is we're looking to take the garage uh located at the rear of the property and there's also a uh an addition uh like a 16t addition that was provided to the

back which is just uh for the first floor uh use a portion of that would be incorporated into the new apartment um that would be constructed uh the the access to the apartment would be from the rear of the dwelling uh what we be doing looking to do as part of this petition is to reconfigure the parking area if you drive by this site now it's a bit of a free-for-all uh pavement uh

quite a bit of pavement everywhere no striping no uh no direction on on how to park what we're looking to do is part of this application and future applications that we'd be coming in with on this property is to straighten uh straighten all that out uh so strictly speaking on this lot what we're looking to do is remove quite a bit of the payment and and re uh uh construct two two new

parking areas uh there'd be a a six parking spot parking area located on Rodman Street for the existing three units uh in the dwelling that locate I'm sorry that access the dwelling from the front from Rodman Street so they would have six parking spots there two per unit and then we'd be constructing a new uh parking facility uh that would come in off of holy oio street that would

provide four or street parking spots for the new apartment unit which would be uh just a single unit obviously me well uh meeting the standard going above and beyond the required two spots that would be required uh for that unit the unit itself would be Ada accessible um which would be an added benefit for the city uh there would be one of the spots uh if need be and could be a ada8 parking spot

with the the other three being uh standard 9 by8 uh parking spots so with that I'd be happy to answer any questions that the board might have so so the intention is at this point to make that one of those parking spaces specifically HP yeah the the uh the one closest to the building the 10ft wide one and then you have the 8ot hatched area although that is not Dimension that's 8ft hatched area

alongside it see that for for loading um purposes the the garage doors and this was another uh thing when we looked when the uh petitioner bought the proberbly we started looking at it the garage door is actually at the rear of the the garage it's not on on either side so you would have to cross over an abing property although it's owned by the petitioner um down the road that may not

be the case so e either be an easement required or the you know there's really no way to use that without going over in a buding property uh so it's really it it it it doesn't serve a purpose to the existing dwelling as is and it would make it makes a ton of sense to me uh to just expand this and make that an additional uh unit to the building okay pretty straightforward questions from from the

board the conversion from three units is being done by special prit well no I meant add just changing of it are you making one unit no expansion of the existing structure just interior changes to the to the building what what's the makeup of it now the three units bedroom wise that I'm not 100% certain of I I don't know what the layout is um the that particular structure is about 28 by

30 in size I I I'm not I I I have not been inside the Bild L I don't know if it's either two it's either two or three bedroom uh units they not asking for parking re yeah you say you say that you are removing the garage or just reusing reusing the garage yeah repurposing the garage into the residential floor in that garage so no the the structure would remain as is so the garage and

that extension that's coming off the that 6 foot bump out on the first level that would you know not we're not going any higher we're not you know expanding out outwards and that's going to be ground level so it's Ada ground level Ada accessible okay yes all right any other questions from the board is there anybody here to speak in favor of this petition anyone to speak in opposition they hearing

none let's earn those paychecks two votes uh make a motion that this is not more detrimental to the neighborhood second second on that by Dan de on the motion uh Ricky Sal yes Dan deir yes Jim ckins that's covering both conditions well no because there's two different another special from so requested so one that it's not one Al actually acting on the special per it's asking for two special permits

so are we voting on both special we can combine the two special permits so the the pro the project as the project as presented is not more I'm going to change his wording the project as presented is not more detrimental to the neighborhood than the existing conditions okay all right did we vote on the not detrimental part we stopped right here let V on that Jim ckins I don't know which no it's just

because there's two special PR we we're not there yet two separate special prents the coverage the we saying neither special permit is the application as a whole as present not what we said that's why I just tried to fix I understand yeah so yes it's com combining both special permit are not NE are not not more detrimental correct and John Frank yes okay okay special permits which we can combine or we can take them

separately I'll make a motion to approve both special permits to convert the convert the existing three family to a four and then the second one is to increase lot coverage from 60 to 65% for marking very good we have a second was that you again Dan okay very good in that case on the motion uh John Frank yes Jim ckins yes Dan deir yes Ricky Sahar yes chairman Prairie yes thank thank you

Jos okay let's see number six I'm probably going to mispronounce this dinate uh gon gals 89 896 Highland Avenue map s07 Lot 23 the applicant seeks a variance to convert the existing three family dwelling into I'm sorry the existing single family dwelling into a three family dwelling unit dwelling property is located in s single family zoning District again for the record Jeff Tolman from Northeast engineering uh

here on behalf of denani uh Gonzales the applicant uh or petitioner for this uh variance request before the board uh quite simply what we're looking to do here is we we have an existing single family dwelling located in the S single family District uh on Highland Avenue the director butters on either side uh well this particular home is an old Victorian home that was built you know prior to

1900 um the existing homes on either side are are similar homes built around the similar time uh former single family dwellings each one of the abing uh houses has been converted to a multifam uh use the the house directly to the South number 878 Highland Avenue uh is an existing two family dwelling and the house on the north side of this property uh number 910 to 914 Highland Avenue has actually been converted to a

three family dwelling uh so what we're looking to do here is we we have uh the petitioner has owned this property since 2015 so correct uh so for uh a little over8 years uh the petitioner lives in the house with his wife by themselves uh the house itself is roughly about 8 uh I'm sorry 4,000 square ft in size uh so what they're looking to do is to convert this single family old Victorian home into uh

a three family dwelling and the reason they're looking to do that is so that they they do have two adult sons that that rent properties that they own in the city now they're looking uh to to bring them back Under One Roof uh but to give to give them some private living space uh so they would be moving back in on the second and third floor is that correct occupying the yes and uh the the

petitioner and his wife would uh you know live in the uh the first floor uh the the lot itself in the driveway the existing driveway has sufficient uh area uh to accommodate six cars um there's an existing three stall garage located at the rear of the property and there's sufficient room in front of that garage to provide three uh additional parking spots in front of each stall so that

each unit could have uh two two off street parking spaces um the property a portion of the property where the garage is on the southwest corner is located in the the gzone um if this property was entirely in the gzone this would be done by right um You would only need 5,000 ft for the lot size um and then you would have you would be allowed to go up to uh three

units in the structure um so basically we're just asking uh for relief from from the the zoning ordinance to be able to use this property in a similar manner uh as a buing properties are being used and that the abing Zone partially on this property uh would allow so with that I'd be happy to answer any questions that the board might have how many bedrooms uh two bedrooms on each floor okay

hardship it's it's a used variance I got to I got to have something yeah the the uh shape of the lot could be argued it's you know regular shape um the the without this type of relief the structure itself would be um almost be unusable you would have to like these old Victorian homes in historic islands are um you know I mean people aren't having large families like they used to have

with you know six seven children and it would occupy the house um it it's just not happening so the the this the Grant in this relief would allow the petitioner to to stay in the home use the home in a manner that's you know was sort of intended for to have the family live there but give them their own private space within within the house um and it also changes it in perpetuity so

for the rest of the life of this house long after this family is no longer there it's a three family correct in in a similar fashion as the abing properties are are being us two of them yes correct I understand the bulk of the neighborhood still we don't know what the yeah what the ground the grounds for Relief on those two were and I know and before you owned it someone wanted to do exactly the same

thing back in 1970s and make this a 73 I think 73 I think yeah make it a three family and it was uh it was denied at that point in time uh questions comments from the

board current structure lends itself to division into three yes yes um accesses well they have to meet the building code so whatever they need to do they would need to do we do have the the plan for the second means of vress and the uh the house already has three separate furnaces one for each floor uh the electrical has got three uh separate panels already there I do have to upgrade two of them uh but

the only other thing that I got it it's got two kitchens and one kitchen net the third floor is a whole it's a whole apartment that's I know probably the re only did it's got kitchen bathroom everything there second floor it's got a kitchenet and the first floor which is got a kitchen uh all I got to do is probably put some petitions up to divide the bedrooms it's not thank you

okay uh general public anybody here to speak on behalf of the petition anyone to speak against all right

it's a use

variance the standard typically for use Varian is that the property cannot possibly be used for anything else but somebody want to grab a petition it's either yes or no I'll make a motion to approve

additions none okay motion to approve do we have a second second a second from Jim Caulkins in that case on the motion Ricky Sahar yes andir yes Jim Caulkins yes John Frank yes chairman Pera no passes thank you all right citizen input I don't think anybody signed up approval of

minutes second on that second second Mr deir I make a motion toour on the motion let's that's approv minutes sahti yes Dana Jim ckins John Frank yes Jim F yes motion to adjourn can we have made second all in favor