2.20.2025 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 pm on Thursday February 20th 2025 we are meeting at one government center in the first floor hearing room pursuant to Mass General Law chapter 30A section 20 subsection F I hereby notify all persons and attendance that this meeting is being is echoing that this meeting is is

being recorded by Fall River government TV Mr Craig Salvador with both video and audio versions if anyone desires to make an audio video or combined version of this meeting please notify me now and I will make a public announcement of your intent heing none our recording secretary this evening is Patty aiar sitting to my immediate right present this evening are regular members John uh John

Frank uh who's our vice chair Jim ckins who is our secretary clerk Dan de and Ricky Sahar also present this evening uh our two alternate members Alexis Al and Salmo and uh Eric Kelly uh also present is the director of engineering and planning sitting down to my far left Mr Daniel agar Patty have all the petitions to be considered been properly advertised and all interested parties notified in

accordance with the rules and regulations of the zba chapter 4A Mass General law as amended yes I thereby declare the February 20th 2025 regularly scheduled meeting of the zba of the city of Fall River open for such business as shall regularly call before come before I remind all persons presenting before the board including petitioners a butter anyone in support or anyone opposed to

the 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 supports the petitioner's claim as such the petitioner should identify and factually support um the basis of their petition I hereby advise the petitioners

and all interested parties that this is the zoning board of appeals the board's Authority exists persuant to Mass General Law chapter 4A and is limited in scope and deals with the use of land as regulated by chapter 86 of the ordinances of the city of Fall River additional permits licenses reviews Andor other governmental approvals may be required for the specific development which is is Andor

use which is the subject of the petition before the zoning board this evening the action taken by this board has a real and Lasting effect upon the title to your real estate we urge all petitioners to seek competent legal counsel before filing your petition and after a decision of the board has been made a copy of the ordinance is available available at the city clerk's office or from the planning department I

remind everyone that the building inspector is the zoning enforcement Authority and you are here this evening because the building inspector has deemed that your proposed action is contrary to the city of Fall River zoning ordinances the city Charter SE section 9-18 mandates that all multiple member bodies develop and adopt rules for public uh comment we have adopted such a policy which in short provides for

Citizens input on zoning board specific matters at the end of this meeting if you wish to make public comment there's a signup sheet on the table just outside the door I declare that an official copy of the Fall River zoning ordinance is available at the city clerk's office and that one cannot rely on the online zoning ordinance good evening everyone let us we have no old business tonight it's

refreshing we're into new business right away item number one Marino Z Benavides care of attorney David M Assad 84 and 94 Everett Street and 310 Alden Street map j18 Lot 25 the applicant requests a special permit under Section 86- 2 423b of the city of Fall River zoning ordinance the petitioner proposes to divide Lot 25 as shown on the city of Fall River assesses map j-8 into three lots leaving an existing

three family dwelling which is number 94 Everett Street on one lot another existing three family dwelling which is number 310 Alden Street on a second lot and the existing six family dwelling which is number 84 Everett Street on a third lot the property is located within an A2 apartment zoning District Council good evening Mr chairman members of the board I Am David Assad I'm an attorney

licensed to practice in the Commonwealth of Massachusetts I maintain offices at 326 Pine Street in the city of Fall River with me this evening is Mr Marino a Benavides father of Marino Z Benavides uh who has his power of attorney to act on behalf of his son Marino z uh so this particular property is a square uh 84 Everett Street 94 Everett Street 310 uh Alden Street all exist on one pel since 199 since

1944 uh the properties have appeared on one deed U parel one and parel 2 parel one being 84 Everett Street posle 2 being 94 ever Street uh prior to that they were separate Lots it was 84 um Everett Street was assessor map number 24 uh but from 19 44 forward the assessors have merged them together into one APLE uh so under 86 423b uh the petitioner is requesting a special permit to divide uh these three

pre-existing Lots three existing dwellings uh into three separate Lots uh I it talks about 1954 as being they had to exist prior to that uh the history of the title brings us back to 18 uh 89 when um 84 and 34 Everett Street were erected uh 310 uh Alden Street was also built in the 1900s but recent fire uh caused it to be uh rehabed so now 310 is relatively a new

building uh 310 Alden Street has uh my understanding is separate sewer line um 84 has it's original Su line there's not there's no combination I couldn't find anything in the chain of title where there was um an easement or cross easement of sewer or water lines and we know that 80 94 has a separate sewer line uh that's confirmed by the assessor not the assessors the sewer Department's

uh field carts uh so basically what's happening is 84 ever Street boundary gets um on its own lot some of the property that was associated with 84 Everett Street gets allocated to 94 94 then becomes a standalone lot by itself as does 310 Alden Street uh the six family remains uh if any of you went by the property the property is built right on the property line there is no availability

to ask or to include off street parking so nothing really is happening there it's just property lines that are being uh uh created um and if the board is so inclined I would ask I would recommend that the board uh require um markers for the um at least the end markers of each lot so we not before the board later on uh talking about where the boundary lines are and you can also think about

maybe I don't fences on between 94 and 310 may be a good idea um but I don't know about the 84 and 994 there may be there is this common driveway but it's no longer a common driveway when this is done uh and I don't think it's being used as a driveway it's being used as a common access but with the new boundary line being established uh there may be

an there may be an ability to put a fence up there if they wanted I wouldn't I would ask not to be prohibited from doing that and that's what's before the board I'll be happy to answer any questions on uh Lot number two David are they using that uh asphalt way as a driveway currently no they're not using it for off street parking at all no sir okay and I think one of the reasons why

they can't and I'm going to be fresh about this uh because I was kind of amazed because 84 really should have been a standalone lot and shouldn't have been part of this process at least in 1944 uh but someone uh must have been a middle eastern engineer uh encroached on to 84 with the extension of a building so that prohibited where there once was maybe access you can't get a car up

there anymore along Allen Street there's a retaining wall about five or six ft High driveway from being installed you could potentially Drive in between the other two buildings coming in off of but historically it's a very narrow gate and I went back through historical photos and could never see any vehicle does not appear as though it's ever been used is there a curb cut there there is not there is not there is not

the um Mr Benavides brought to my attention that 94 was uh stated as being a three three family but it's a four family four unit there are three apartments and there's a store but I think the store old bakery Old Bakery but it's now a unit we're not going through that again this isn't Snell Street no so if this plan is wrong I recommend that we table it and get I got

it no but I no I think he said it was it just by way of the assessors the assessors have it at a four family the this plan does not right I don't know let me application six and two threes and I think that's what your petition says three right so this is not going to be snow street over again we end I I don't want to do that this needs to be corrected before

before we can move if if you are asserting otherwise the condition will go in as it's a three cuz that's what been presented to the board so if you think it's something other than that let me just I got it let me just take a look at the assesses man at the assesses everything straight on the plan on the proposal yeah1 well I don't I can't put my finger on it right this minute uh what the

assesses I thought it had four to eight it do well 4 to8 is the is the type of classification that I'm looking for the field card that had four versus three when I when I checked it yes I thought they was represented the way the plan shows three you think was represented as three that's what I thought it would have been okay because if I thought it didn't match I would have brought that to

everyone's attention was was the old store just converted into an apartment and was it just no no just still the so is it an apartment or not vac it's vacant right now it's up to you you can come back in to add that as an apartment in the future if you want that I think that's it own special permit potentially converting that Bakery into an additional dwelling into an additional dwelling is going to

require a special commit or VAR potentially or unless the building department makes the determination that it's okay to convert from the one use to the other but no that's going to be up to them but that's so with that being said now that we brought brought to our attention I would request that we table it do you want to table it no choice well you you want it

as a full it's going to St the so why don't we table it to the next can we so I'll make a motion to table it to the next meeting to correct the plan to include it either as a for family and maybe amend the petition to request the board's authorization uh to turn 94 Everett Street into a 4 unit project okay before we do that is there anyone here to speak in favor of or in

opposition to this particular petition that's fine I just wanted to make sure that if anybody's here they they were heard we have a request for a motion Mr chairman I move the tabling of The Proposal until our next meeting in March I'll second do we have that date Patty 20 20th 20 all right any discussion on the motion therefore on the motion Ricky yes Dan yes Jim yes John yes chairman perie

yes okay thank you and David Che sorry for check and see when it was last of Bakery yes and I think that's laps so so if it hasn't been a bakery in two years and bakery's on allowed in the 82 zoning District that's correct then deal with that and that may require a different filing alog together yes let's just make sure our paperwork's correct thank you thank you for bringing that to the attention thank

you thank you both item number two 295 Bedford Street LLC care of Attorney Peter aino 295 Bedford Street and 57th Street map in-3 Lots 30 and 32 the applicant seeks to construct a mixed use building on the property consisting of 52 residential apartment ments and approximately 8,000 square ft adult daycare center the petitioner seeks variances for sidey setback and use in the zoning District the petitioner seeks

a special permit to wave the number of parking spaces required in the zoning District as well as a special permit to wave the percentage of landscaping area required in the proposed uh parking area the applicable sections of the zoning ordinance are 86 attached m 1 86 attachment 2 and 86- 445 the property is located within an MD medical zoning district and an HD Housing Development overlay zoning

District Council good evening good evening for the record my name is Peter solino I am a lawyer I maintain offices at 550 Locust Street here in Fall River I'm before you this evening to represent the applicant petitioner known as 295 Bedford Street LLC the petition before you uh as Mr chair just read is to erect a building on this site that will include 52 residential apartment units as well

as 8,000 square ft of commercial space on the first floor uh I think most people are familiar with the site it's bounded on the west by 7th Street on the east by e8th and on the North by Bedford Street The Proposal uh contemplates and requires three curb Cuts along 7th Street and two on Bedford Street should be noted for the record that those curb Cuts did not impact parking because in

those areas there are signs on those streets that say no parking between those signs so the uh existence of those new curb Cuts should not impact the parking terms of the unit blend uh again it's a five- floor building there are four floors of Apartments which in the aggregate come to 52 units the count and blend is as follows uh level two is contemplated to be 12 apartments with one community room there would be one

three-bedroom on the second floor four two bedrooms and seven one-bedrooms on level three there would be 13 apartments in total along with an exercise room one would be a three-bedroom three would be two- bedrooms and one would be I'm sorry nine would be one bedrooms the fourth level would have 14 Apartments the unit count is uh one three-bedroom two two bedrooms and 11 one-bedrooms

level five would have 13 apartments one three-bedroom four two-bedrooms eight one-bedrooms The Proposal includes parking uh such that there would be 74 spaces on site The Proposal is that 52 of those would be allocated to residential use 10 would be uh allocated to commercial use and there would be 12 were in effect overflow spaces The Proposal also includes a enclosed structure that is on um 7th Street at

the curb cut and that structure uh would effectively be a garage it's slab on grade it would uh contain various um apparatus used to for instance plow snow um different um things like salt sand and supplies for the building uh the building is contemplated to be 62 ft High um and the waivers sought in this petition are the use in the medical zoning District the side setbacks on both seventh and eth street so we need

to have 10 ft in the district and as you can see from the plan we're less than that uh additionally seeking waivers by way of special permit for parking the engineer calculates this out to be required uh 114 The Proposal is uh consistent with 74 and setbacks for parking services and Landscape area uh in parking areas so effectively there's uh two or three variances depending on if you consider

the side setbacks one each and then three special permits uh I've pled my petition that the hardship on the variance component would certainly be the regular shape of the lot as you can see at the uh northeast corner of 7th in Bedford you have a cutout there that's currently operated as a law office and has been dur in pendency of my career um I think that this is a great proposal

for the city it's consistent with my clients's other uh prop proposals in and around that area and I think it would bring much needed housing to the area happy to answer any specific questions that the board has relative to the petition and I'm sure this will get brought up but there's at least one letter of support for the petition by Mr Fiola because he's currently traveling and couldn't be here tonight okay um

quick question for the adult daycare center um the parking spaces at that lower level Adent to that storage area mhm are those set aside for employees at that daycare uh the employee parking is labeled along uh 7th Street mhm I mean it's there's line parking spaces in it but do you see where that is yeah they're labeled as employee spaces yeah got it sorry Miss that no that's okay it's it's kind of buried in

there so I can understand that one of the uh earlier drawings and thank thank you for getting floor plans on these um that makes a huge difference and the bedroom count um that storage area 2100t storage area was originally listed as a maintenance area yes and it is labeled on the and and I don't I know it's listed on that one I attorney selino but I don't believe it that it's a standalone

structure right it's part no it's built into the building sorry you can correct me it's not a garage being built underneath that is correct LEL part of the it's part of the building corre we don't have any drawings that show that right but and I that's just a single story that that garage section yes and I spoke with my client this afternoon and confirmed it's completely enclosed there'll be a garage door on

Seventh Street okay and that's like a 30 foot um curb cut there uh it is 30 that that one I believe the next two are 22 as you go north on seven okay um of concern and I'll I'll bring it up now I know it's going to get brought up by somebody the Vans for the adult daycare we know that they operate in other places and we see Vans kind of L

lited around other parking lots um can your client live with no commercial vehicles parked here overnight yes uh we we discussed that and there's not any intention that this become a parking lot for the commercial tenant okay thank you anyone else on the board questions yes yes so all these parking spots that exist now are any of these uh leased or earmarked for any of the other projects

that have come forward to the board good question I don't believe so he's not told me that um obviously I'm sitting here alone today because it's school vacation so the architects in Disney World Ken away away but I do not believe I answer that okay the answer is no okay uh for the record Dennis Diago works for the cadiro organization all right good so the answer is no that that's going to be all

standard alone for for for that um particular all right okay only because and Dan's correct that conversation came up when the Lofts were being heard well that's when we were proposing 101 on the across the highway but now that's you know we got the okay for the 62 with what we have there and now we're going to use the 52 with what we have here okay thank you Mr CH yes um so if I

understand correctly attorney so we know the storage area and the maintenance area are one in the same yes and what is the proposed use um for instance he has a cabota he has snow plows um bags of salt things that you'd maintain parking lots and stuff with um so right now you know gono's garage mhm which is there they have a bunch of equipment like that in that building which is proposed to be

raised so now that equipment has to go somewhere right so it's going into into that space right right now we we're actually displacing two two garages right the old Pon funkers that's on the big lot as well as donon right both those are those both garages we house our equipped right and that's basically what that is for so we can house our equipment and Peter said and that's for servicing other properties in in the

general area it's to service ceral properties all proper properties could I just have your name again for Patty Dennis Doo d o go thank you thanks anyone else on the board is it going to be a Service Garage no service yep important before I read into the record is there any anyone here uh this evening who wishes to speak in favor of this development is there anyone who wishes to speak in opposition of this

development they're seeing none we have a letter of support from Bristol County Economic Development Consultants uh variance and special permit 295 Bedford Street Fall River dear chairman Pereira in keeping with this office's past practice of of supporting the development of New Market site uh new market rate housing initiatives please accept this letter as support for the requested variance and

special permit for 295 Bedford Street Fall River Mass as noted to the applicant as noted the applicant 295 Bedford Street LLC is seeking to construct a mixed use commercial and residential use project consisting of ground level commercial space and 52 upper level two and three bedroom um residential Apartments Kent didn't get the uh the memo on the ones um uses uh within the designated Federal opportunity

Zone um which is characterized by a federal census tract area that has 27.45 27.4% poverty level the private sector ctor investment for this project reflects a total project cost in excess of $20 million and such an investment will have a positive quantitative impact on Bedford Street and for shutting uh the abing neighborhood areas as you are aware and through the efforts of this board and its members Fall River has

been able to accommodate a record number of new and revitalized Housing Development throughout the entire city the project along with others will help the community build and diversify its housing stock for economic development and enhance neighborhood stability in the past few years the city of Fall River has seen an increase in development of market rate residential units and the demand remains high as

people look for housing opportunities in general the demographics associated with the market are uh resident IAL renters reflect the following one empty nesters looking to downsize and remain within the city or move back into the city as uh as they need to be next to a healthc care facility restaurants food markets and shopping areas to Young professionals moving into the City and working here or

commuting to aqu quidnick Island Providence Boston and points in between and three existing fall River residents looking for uh updated rental units offering HVAC in suet washer and dryer off street parking elevator accessibility and security this project uh needs uh meets the criteria of those looking for market rate residential living and will allow the city to continue at uh housing

diversification efforts uh and provide housing choice for the market and Residences of Greater Fall River area ultimately the action of the board helps to smooth the development process and make Fall River uh and make Fall River to increase in supply of housing which will lead to an overall reduction of rents as such it is for this reason stated above that I respectfully request the zoning board of

appeals approve the variance and special permit requests before you tonight without the approval of the requested zoning release this project cannot proceed and the city will have a sufficient private sector and will leave lose a significant private sector investment within a deeply distressed census tract and an opportunity to further diversify and housing stock sincerely Kenneth Viola Jr Executive Vice President

that's why I like him when Ken's here he speaks less he only reads every other word when he stands up and reads it we I'm faltering because there was some typos in there you can tell he wrote it on vacation all right that was the only piece of mail in regard to this it was a letter of support um there was no comment from the general public so I turn to the board if

there are any other questions now is the time just a point of clarification yes um one one variance and two special permits being requested I think two variances three special permits so to clarify the use in the Medical District as an apartment would be variance one okay setbacks as to the sidey yard which would be seventh and eighth street would be variance two special permits would be a reduction

in parking from the required 114 to 74 um special per perit for the setbacks of the parking services and special permit for the reduction in landscaping in parking areas okay yes anyone else I would just off of that when when you take each vote independently the variants make sure that you make a finding that you feel there is hardship to the possible with regards to use due to shape soil and

topography if you're comfortable with how that's been presented special per as long as they're not substantially more detrimental and meets the requirements for the proposed use and then be cognizant of placing special conditions that address all the comments that you've raised about what parking should be restricted signage for instance if there are 10 employee spaces those should be signed as such and restricted

to such if there are 12 Flex spaces they should be labeled as flex and that anybody can use them and that there should be 52 52 residential spaces that are restricted to residential use with signage um also you may want to consider U no maintenance or repair or storage of commercial vehicles related to the adult daycare on site or in the uh in the maintenance area should also condition

it based upon the unit count that was presented and the number of bedrooms um other than that I think we're in good shape thank you Dan anyone sh Jim's ready he's just trying to well well yeah he just confused the heck not confused me but just add it on make additions that are appropriate but uh to remember them we we'll feel free to add to the motion uh but we'll start uh can't the

two variances be combined into one vote you could you could you just I I move that we find that there is uh a hardship as defined is sufficient to Grant the variance as requested uh for uh the utilization of the property from in an empd District to uh be used for housing or for apartments and that uh the setbacks as presented in the plan uh be granted second that's on the variance yes Varan

two Vari y any discussion hearing none Ricky yes Dan yes Jim yes John yes chairman Prairie yes and then on the special permits uh Mr chairman I find that the uh proposed uh proposal is not sufficiently uh detrimental to the U area and that it move that it be granted uh on the conviction that all parking spaces be labeled and designated as presented in The Proposal including the number set aside for house or for

bedrooms for for uh visitors for the utilization by the daycare center that no equipment be uh are no UHS commercial Vans left overnight on the property and employee parking I said all you said all that's presented yeah we have a second second discussion on the motion they're hearing none we go to the other end John Frank yes Jim ckins yes Dan deir yes Ricky sah yes and chairman Prairie yes thank you item number

three tetral real estate LLC care of attorney P solino 72 Belmont street map M24 L 7 the applicant is requesting a variance to divide the existing parcel into two lots leaving the existing three family dwelling number 72 on lot one and creating a new conforming Lot number two the proposed uh proposal includes the provision of two off street parking spaces per dwelling unit for the existing structure according to the

petition uh seeks variance for use lot coverage and Frontage as it relates to Lot number one the uh applicable section of the zoning ordinance is 86 attachment one the property is located in an S single family zoning District Council good evening for the record Peter selino on behalf of tetrol real estate LLC uh this petition has been before the board before uh it's back uh as authorized by

the planning board as a repetitive petition so to refresh the recollection of the board uh the property is obviously located at 72 Belmont Street it had an existing uh three family uh non-conforming uh home on it it had a barn on it and then a sort of a plentiful lot to the South the last version of the petition sought to convert the existing Barn into three residential units there was obviously

neighborhood outcry relative to parking traffic density type concerns as a result of those concerns uh our petition was denied and on uh November 26th my client uh sought the historical commission's approval of the demolition of the barn um the historical commission gave a letter uh that certified that the barn could be demolished and on December 10th my client received a demolition

permit to demolish the barn so the bar Barn is out of the picture at this point and the proposal is Whitted down to the following divide the uh lot into two lots leaving the existing structure hugging that Northerly lot line uh which contains three apartment units build sufficient off street parking I.E two parking spaces per unit on what is shown as lot one and create a new conforming

single family lot labeled as lot two on the plant the waivers uh that would be required in order to receive this relief would be the frontage on lot one which as per the plan is only 87.7 s 100 ft is required in the this District which again is an S zoning district and then the lot coverage requirement uh is 25% in the district and the plan is uh showing 52% I uh proposed is

60% um as I discussed last time uh I think you know we have a couple of different hardships associated with the parcel we have a shape issue we have the existence of the structure that remains right on the lot line and then the open yard to the South and to the West uh I fully understand and have read the opposition I find the arguments to be a bit spirous because we were here last

time and we heard I thought that folks didn't want that Barn turned into something because of the density that would be created and then ultimately now it seems like the demolition of the barn is a point of contention but I would submit to you that this petition is much better than it was before it's more in line with the S zoning district and if anything the additional part parking

will take cars off the street and better the situation in the neighborhood so uh for those reasons I would submit to you that the petition is adequate and we'd ask that the relief request it be granted okay for my own clarification because I I'm I'm not 100% sure was the barn found to be structurally deficient um yes and I could provide a copy of the letter from the historical commission if

you'd like that okay all right would you like me to submit that into the record uh no it was just my own curiosity I just wanted to back up something um I have no questions at this point anyone on the board the the newly created lot is conforming in every way correct yes and it is single family proposed yes it's actually bigger than what it means yeah Fair Point the requirement in the

district is 12,000 and this is just under 13 okay before I go to the public go ahead I'm sorry lot two is a parking proposed for two it would be whatever is required in the district okay for the single family for a single family home correct all right let me read this letter into the uh into the record it's uh by way of a petition we the neighbors and ab Butters

to 72 Belmont Street object to the variance received request to divide the existing parcel into two lots we further object for variance for use lot covering Frontage for lot one it is our understanding that the zoning laws are meant to protect the residential uh stability property values and the Single Character of neighborhoods although 72 Belmont Street is not in the historic district uh 40c

District the abutter on 258 260 Prospect Street is the rest of the block is located in the historic Highlands of Fall River um whereas we do commend Tetro real estate for the renovation of the historic Chanty Sears uh house it did demolish the historic uh Gardens as well as the historic Barn the demolition of the barn was perplexing as an October a beautiful plan was presented to the

zoning board uh to make the existing Barn a three residential unit and within a month and a half it was demolished as the building department deemed it unsafe to the neighborhood uh were there any significant changes to the barn structure to go from renovation to unsafe in less than two months uh also the historic commission went from writing a letter of approval in October uh to convert the barn into

three residential units and then in December wrote a letter of approval to demolish it uh perplexing many of us have been here for decades and are requesting our rights to preserve the character of and privacy of our neighborhood and backyards we uh also remind the zoning board that your decision here tonight affects all of the neighbors and abutters rights to privacy and and of

course the almost 150y old character of our neighborhood uh thank you for taking our concerns into consideration and please deny the variance requested for 72 Belmont Street and it is uh signed by a number of I believe director Butters and neighbors judging by the uh the addresses on here did we ever get a hard copy of that do you have the hard copy of that I do and I I have another

signature that was put in my mailbox um after just make sure that they have that for the rec actual copy of it with the signatures not a not a photo copy is it okay to hand it sure yeah at any point all right you want you want the original or copy the original please I then turn to the general public is there anyone here to speak in favor of this petition

Miss I'm sorry sir i s i I thought I Wasing hi my name is Dana Barnes I am a member of the board of directors of the greater Fall River Art Association located at 80 Belmont Street um we were not one of the people we are a direct bu to this property we were not part of the of the group that said no um there is an um I am speaking on behalf

of our board of directors and our President Ronald gagnet I have been authorized by my board to speak um as a um person who uh we have direct you know knowledge of what's going on here I understand why the baring was taken down believe me someone who appreciates the historic elements being in that historic house um at ad Belmont um it was um pretty upsetting to see that come down

but I do understand why it had to come down um I I grew up in a historic um Town Lexington Massachusetts you can't get much more historic than that um so I I understand when things have to come down I also understand the neighbors believe me they are are vocal in their opposition to many things in that area um and I'm not 100% sure what drove them to say about the privacy and things like

that um feels like they kind of wanted things both ways we want the we want the barn to stay but no we want it to come down too because we're concerned about privacy with pools and things like that I also understand about the gardens believe me that I I love the gardens but they were so overgrown that whole house the chy Sears house was so um in disrepair and and it felt right that Mr

Tetro came in and and did a tremendous amount of work to that property um I know what it was like beforehand I walked past that every single day when I go to the association was crazy and and I have had the joy and privilege of seeing what's happened to that on the inside it's a phenomenally gorgeous house um beautiful like turn of the century house gorgeous gorgeous house and as the ab butter that is literally

right next door on the property line with him I can't see why we wouldn't want to have parking off street especially for that apartment that would be a tremendous selling point for that area and also another house I mean f River doesn't have enough houses and enough affordable housing I mean we I'm listening to all of this so as someone who is a direct of butter literally right next door to this house I think

that you should you should vot to to Grant this various I mean this is a a tremendous opportunity for this particular area of the city um and it's not like there aren't also multi- other multi- um family homes in here in in that particular area I understand parking is a problem I I get it believe me I get it I live in the area too believe me I get the parking issue but

if we're going to take parking off the street put it next to the house I can't see why this is not a good thing so that's what I have to say I think you should I think you should Grant this as as someone who is a literal direct of butter to Mr to Mr T's property thank you very much you're welcome anyone else to speak in favor I know there's a great deal of

opposition we've got your letter if there's anything specific anything different uh state it if you just want to get on the record to say hi I'm an AB butter my name is I agreed with the letter that was written that that would that would be good so if there's anyone here to speak in opposition you want to read the letter first I did did my dlid monotone voice yes yeah I I wrote another that

letter separate from that so I'm just going to read it um I don El maderis of 274 Prospect Street am opposed to the variances request by tetto real estate to 72 Belmont Street or the Cs Chanty house I feel he has already significantly changed the character of our 150-year-old neighborhood by demolishing the historic Gardens and historic Bond I can now see cars driving on French Street which in my 40 Years of

Living on Prospect Street I had never witnessed in October he showed a beautiful picture of plans to convert the bond to a three-unit building less than two months later it was demolished as the building department deemed it unsafe to the neighborhood how is this possible but we did how it was possible I don't feel it is a financial hardship for Aaron Tetro to obtain a variance to create a conforming lock to this for

this property his real estate page claims they manage over 250 properties which include both residential and Commercial and provide hard money loans as well as buying and selling properties in Fall River I believe he also owns 13 Fall River Pond Brokers so there is no substantial hardship justifying this variance we cred I would I would like to know what is the intent of this new lot

if the variance is granted will you sell the lot if not what will you build on this lot is it going to be a single family just one unit or more than that um please leave our neighborhood intact also the privacy and comfort level of using my pool in yard will create anxiety problems for me as well as adversely affect neighbors and abdes please zba take our petition into consideration as

well as all the opposing comments here tonight and deny this variance any letter of approval or statements of approval from individuals or committees who are not neighbors or abutters should carry little or no weight in this decision respectfully D okay I appreciate copy of that letter as well a copy of that letter if um if approved the only thing they can do with that lot is a single family home period

I said if approved the only thing they could do with that second lot is to build a single family home that's what they're asking for tonight and that would be just one unit it wouldn't be like an in-law apartment or anything like that it would just be one unit it's a single family home okay I'm just trying to get clarification um do we get a clarification as to what type of house

is been build no um in response Mr chair uh as you know number one what's in front of the board isn't approval of a single family lot not a specific house we don't have a house plan yet that's the cart before the horse you seek the approval first and then you come to the house I'd also like to respond uh to the component of that last letter relative to financial hardship financial hardship

is not a 40a uh statutory specific right to a variance in fact it's exactly the opposite so we have never argued that it's financial hardship that Mr tetrol needs the money okay and I'd also like to colle correct the record that uh Mr Tetro no longer owns Fall River Pawn Brokers so what's before the board is a piece of land on Belmont Street and Fall River it's in a regular shape I think

we've pled appropriately and we've gone through maturations with this we'd ask that the board approve the request thank you Council anyone else who wish to speak in opposition okay I assume that anyone else who's here is is signed on this okay okay thank you all right there hearing no others from engineering please um I would just like to make sure that the I know the board understands but I want to

make sure the audience understands that this is the zoning board of appeals this is not the historic Garden board of appeals it's not the historic structural board of appeals they deal with zoning issues only um with regards to the the barn it was determined at one point in time apparently that Mr Tetro wanted to renovate that structure into three units and the condition of I believe the

argument at that time was that the condition of the structure part of the argument was to save that structure needed to become something in order to make it financially feasible so when it was no longer to be three units and to preserve it spending the money had to have some form of income to save the building you guys didn't want that building now if the building was going through remain as is in the condition

that it was in and not repaired at that point it was deemed to be needing to come down so that's why we've got two completely separate scenarios um then and now and again not not a prview of the zoning board of appeals uh so tonight the scope is very limited that they're making cutting out the existing three-unit building not increasing the number of units so we have a three-unit building with I think no formal off

street parking to a lot that's pretty close to conforming actually almost identical to the previous relief that had been granted already before the homeowner got sick and wasn't able to follow through with that um and to create new off street parking so that parking is no longer an issue for that for that three unit building that's all okay very good thank you anyone else on the board at this point questions

comments uh do we first have to find that the proposal is substantially different from no he means as far as a repetitive petition I don't think he need to but historically this board has also made that determination the same way that the planning board does so you can just to make sure that that is covered that I do find that this proposal is substantially different than those that were represented in the last

two years and that give approval to be considered midnight second Motion in a second on the motion John yes Jim yes Dan yes Ricky yes teron Prairie yes all right so we have uh variance to divide um we have a variance to divide Mr chairman yes I would make the motion that the variance be granted with the Proviso that uh a successful site plan review is um a second anything else need to be in there

so site plan review for both both both both we can make sure that we want to make sure that none of the abuts have concerns regarding to storm water runoff because we are increasing the amount of payment so that the site planine reviews be successfully completed for both lots for both Lots very good we have a motion we we do have a second second that yes discussion on the motion they hearing none John

Frank yes Jim ckins yes yes Ricky s yes and chairman Prairie yes thank you thank you uh is uh Mr tomman here or you taking I'm for the record Mr tomman had a family matter and asked me to pinch hit for him tonight so I'll take the next two okay lucky man all right this numbering is wrong number four Around the Clock Services Inc care of Jeffrey tomman pitch hitting for Jeffrey tomman this evening Attorney Peter

Cino 560 uh 568 572 William Street stre map i7 lot 28 the applicant seeks a special permit under Section 86 423b of the city of Fall River zoning ordinance the petitioner proposes to divide lot 28 as shown in the city of Fall River assesses map i-7 into three lots leaving an existing three family dwelling 560 William Street on one and another existing three family dwelling uh number 570 Williams Street

on a second lot and an existing single family dwelling number 572 Will William Street on the third lot the property is located in A2 apartment zoning District good evening for the record Peter solino on behalf of Jeffrey tman uh representing the owner applicant Around the Clock Services uh Incorporated this is a 423b petition as we heard uh earlier Mr Assad had one similar to this um there are three structures on the

property 560 William is a three family 570 is a three family and 572 is a single family the property record cards all indicate construction uh prior to 1900 it has the usual 1900 on there um so obviously that's before 1954 and as a result the applicant is seeking to divide the Lots in accordance with the plan um right now on the ground there is some parking between the two structures

between 560 and 570 um so I spoke to Mr tomman on the way here the applicants willing to consider if there's a condition in the board that that needs to remain for the benefit of lot two there's no objection to that um but obviously we need to create some Frontage for lot two and that's why you see that six foot access and utility ement so that's their access you're seeing that's used as parking now yeah

if you um if you look on the Google Earth of it there there's cars in that shoot if you will so Jeff advised me that the access seas in six and if you give or take you know you got four on either side of the six it looks like there so it's about 14 ft building the building but then in the rear of the two three families you have those steps and

so that negates your four that you have up up front yeah I think you I think you can only stack two right because you can't get past the steps that's unable yeah not 6t unless everybody's driving a mini or a uh car you can stack too but how you deal with it is that's the logistics of it is it's up to three lot owners yeah okay the existing shed stand in the

back that doesn't really matter yeah nothing is changing on the ground really is what it comes down to all right questions from the board number of units is going to remain the same we're sticking with 100% this 3 three and three 3 three and 3 three and one yeah yeah nothing in the general public is there anyone here to speak in favor of this petition is there anyone to speak in opposition of this petition

sir good evening um so my your name please name and address Paul Silva 47 Middle Street my family owns a the buing property so uh and I that's actually where I was born so um I know that property was just recently bought I don't know who bought it I saw and hear who bought it um I wasn't able to find out any information of who it was but regardless uh when I

when you look at the property it was just sold probably not too long ago and as U Mr agar said there's not a lot of space in between that building so if you're going to separate this into three lots how do you actually have two cars in there when one is it going to be for one who's responsible like what land is that and and as you look at the back of

the building where you say that there's those steps there there's about 5T in between those two um steps the the porch that goes up that gives you access to as your second form of erress that is I I don't understand how you're going to I think it's going to be a nightmare if you're separating into three I could understand if they were to keep the the two houses in the front under one lot

maybe and then actually the back house be separate but to this is historically this has always been owned uh by one family and that gentleman just passed away uh a few months ago unfortunately but he owned that property maintained it and but to to to actually cut this up into three it takes away from uh from just the the neighborhood you're going to have cuz what's going to happen is

someone's going there's going to be a piston match between oh you can't park here you can't park here no there's less parking on the street now where historically you've always had two spots and uh to me I I just think it's it's crazy but so I I'm here like I said in opposition of uh the request uh the special permit if they were to keep it with the two houses in the front as um

one lot and then the back house yes but to do that it's it's going to be it's just becomes crazy for the neighborhood uh and like I said I'm here not in favor of it well as as Council said nothing on the ground is changing so that quote unquote driveway or easement Etc is not changing nobody can drive anything more than a motorcycle to the to the back what's going to be that that single

family lot in the back now or if we approve this so that doesn't change and with six families up front unless there's designation of who's parking where currently it could easily be fifth fistic cuffs out there so outside of our purview but there's a reason why like it's here because the building inspector said there was an issue had nothing to do with the parking though had I understand that nothing to do with the

parking this type of division of lots love it or not is one of the most common things that comes in front of this board that's why it's a special permit not a variance because of existence of structures prior to zoning being enacted they have the legal right to do this they're required to do the best they can with how they decide to to subdivide it so those you could the board could ask

them to look at a different way of doing it but looking at it I don't really think there's much of an option because you do have to provide physical access for people to get from point A to point B and you need to maintain Frontage for that back and the and and the only real issue that we're trying to bring back is to keep that parking there now with cross easements and deed restrictions

and all of those things that yes do do create logistical nightmares that all has to be in place prior to conveyance and this board can require that condition that all of these things are done to their satisfaction before any of these Parcels get conveyed and that all of these property Corners are staked out the easements are all staked out so everybody who's buying it there a plan of record that acknowledges this you

know what you're buying trust me I agree with you 100% we deal with this all the time but the board's hands are tied to some degree because this is not a variance and it is allowed by special permit and all they really need to do is the best that they can so and that's why we put conditions like you can't put up any fences out here in between alone these lot lines prohibiting access so

there would be cross easements and access for everyone to get through this Corridor to get to either building and to the back and the board can make that condition that there are cross easements for all three properties through this rear area and that parking is is prohibited within a specific area shown on a plan and that they need to approve that they could vote to request that this be tabled and that all of this

information is shown on a plan so that they can see it next month and that may be the right thing uh to show where is the parking going to be who's getting the parking so that it's not just based upon what you're all saying but that there was a plan to refer to but that's up to you that's one thank you I thought the representation was that the two parking spaces were for the back single family

that's the representation that's their representation but if I'm living in uh you know 570 and it's just outside my door I'm probably going to park there unless unless I'm parking on the street it'll be a nightmare yeah no matter what but as long as there's two spaces and some people can get in there then I think you've you've done your job either that or eliminate the parking and create

another headache for all of the oppers so is is l two uh separate utilities now that I do not that's always that's got get and that's why it's labeled utility easen so that that rear house would have to have its own water SE SE gas all of it out to the street through that utility is so many of these we've seen that it's coming out of goes into one house goes into another goes into a

third so that's got to get busted up anyone else in opposition what are your wishes on the board Mr chairman yeah um I think that um Dan makes a very good point that I think that um if we had a more detailed plan we could make a more informed decision right now it seems like we're flying by the seat of our pants should we do this should we do that should we

have request require this should we not require that um to me anyway uh more detailed plan with EAS and so forth would be very helpful so um I would make the motion that the that the uh plan be tabled to the next meeting the I'm sorry the request so the access and utility easement currently is shown as 6 feet yeah the definition that we need is is parking who gets it yeah yeah

and 6 feet may not be wide enough because water in a sewer is supposed to be 10 ft apart so right unless you encase the whole thing so there are there are ways around things but this would give them the opportunity the other thing is if you decide that the parking is for the back house and you straddle the required 9t space over the six now you're impeding access to both

walkways to either house it's tight you may want to put the parking to one of the front units so that way you can shift it all to one building and leave the larger access way for everyone to use on either the left or the right so these are things for for them to consider and bring back to you which would be on a more detail more detail

yeah so my motion is on the so we have a motion to table do we have a second on that second motion and second on tabling do you object councel uh no objection thank you there'll be no tabling thing because it wasn't at your request it's at our request thank you you know when you pinch hit for somebody and then you get whacked for 500 bucks on top of it Jeff wouldn't take it too well that

being the case on the on the motion John Frank yes Jim yes Dan yes Ricky yes chairman cair yes all right but don't go anywhere I'm not I'm just moving over there gentleman's here come on it number four Robert Machado oh Jeffrey's got your pen on this one too K of Jeffrey Tolman as represented by Attorney Peter a salino 106 Bowler Street map L3 lot 93 after the fact filing the applicant requests a variance

from section 86- 466 of the city of Fall River zoning ordinance the petitioner requests to permit the location and size of the existing non-conforming accessory structure the petitioner also request a variance regarding lot coverage the property is lo located within a g General residence zoning District good evening for the record uh Peter selino on behalf of Mr Tolman uh with me is Mr

Mado say your name and address in the record please here my name is Robert Mado um 32 Bliss Street for of mass he is not the owner correct uh he is one of the owners the deed has three names on it gotta um so he's one of the owners so my understanding of this situation and petition is that this a single family home obviously uh there was an exist ing

garage uh to the right behind the house there um it was getting dilapidated uh Mr Mado took it down constructed a 30x40 garage without permits uh it's 1,200 square ft obviously um and was uh called on it and as a result uh was given the option to take the building down or file for the variance uh therefore he filed for the variance um my understanding is he has some neighbors here who are going

to Express that they're okay with the location of the building as well as a signed petition um why don't you go ahead and pass that in and this is a petition my understanding is it's a petition in support of the existing structure there was also a big shed uh in the middle of the of the property as well that was also fallen down um and it was just dangerous and I saw like the

house has no basement no upstairs my mom's 88 um going to be 89 uh so you know we cleaned it up for my sister to move in there and but there's like three people living in a small house and there's not much storage and she also stores stuff in there um and I thought because I was I had no idea because there was a metal building like there was no Foundation no concrete like I

thought you know I always heard now I know the rule now I know the law but I thought that it was okay because it was just like a you know one of those little metal garage it was a metal garage um so I didn't know that you needed to pull up him in and that's the reason why I didn't know I would have you know pull the permit um but like I said it's you know

I use it for my truck and trailer um and I keep some cement bags in there and stuff like that cuz I do a lot of work for the city as well uh I have a like small fence business I don't run a business out of there I just keep my truck there and my trailer uh because obviously I got to you know keep an eye on my mother which sometimes my sister's

in and out um and that was basically yeah like I said I clean up the whole place um you know where it was a disaster before did not look good you know it looks great require building permits for buildings in the city of Fall River yeah so coming in here at this point is kind of like getting caught driving a car that's not registered with no insurance going the wrong way in a oneway street

it's you know it's it's it's a whole pile of intractions here so um and it's and it's tight how big was the garage that was there previously it wasn't this big it was probably like 20 ft long by like 15 maybe the measurements measurements are shown on the plan I'm not really sure I mean there there was two different buildings there two building by 16 the one being 10 by 30 anyone else on the board questions

comments okay this is a 12,000 foot building 1200 uh 1200 1200 oh just 12,000 it says 12, we allow 750 if you meet the right set yes yeah that would have been that's a single family lot in yes District I love it let me uh let me read this into the record we the underside are Butters of the property located at 106 Bowler Street Fall River Mass we are in support of the carport

type garage it's not a carport type garage that has been installed at 106 bullet it is much better than the dilapidated garage that was there before and is an improvement to the neighborhood although we could not be there in person this evening we are in support of the approval and have signed to indicate our support I believe there are 10 Property Owners signing on S four five six seven somebody scratch those

out 10 sign so yeah they all signed I haven't checked the addresses against that but they look like they're Butters uh yes M uh Mr chair my client's indicating that the people that are Butters to the north 115 119 133 all signed and then actually another neighbor down further too okay um across the street but these would be the people that would be most impacted from engineering sorry is

9 they on the list this person sign on side he's actually here6 so 98 here okay the people on the right she has a sick husband he's in a he's handicapped you could she'd like to come she said yes this one she wasn't able to I just we just covered the ones on one side I just wonder on the other side let's um anyone else on the board right now yeah part of the the major

issue here is it's obviously definite the business is being run out of this aluminum space building here the trucks in the picture on Google Earth right now I yeah I keep my truck there in my trailer and you store cement you said it I mean it's you definitely you have another business location operation somewhere in the no no no the business running out um I have the business out

of 32 I just keep my truck there and my trailer and some cement bags and like I said and I have and my mother uses the other half like we have stuff for my sister and stuff like that what's 32 when you say it's at 32 that's my house that's what the business is under 32 okay I don't have like no there's nobody that goes there all I do is pick up my

truck and leave okay we're not like all right so for the record the business is run out of 32 what address 32 Bliss Street for so I don't have like any all I do is pick up my truck and leave and then Pock it okay Planning and Zoning down so I don't have to tell you again that this is an after the fact file um at what point were you alerted by the building

department that this was an issue how long ago um it was it was a while ago um I know this took a while for you to finally decide yeah uh I guess I had talk I called when I talked to Eugene I had um when I talked to Eugene he got on it and then I guess some he was busy and I know Eugene was he was in contact with

Eugene and then this is when we got the you know he just okay but it wasn't like I was on them and I was trying to stay on them um so I I'll offer that as the applicant presented this is a pre-fabricated building that gets moved easily so contemplate that it was constructed 2 feet from the West o butter yeah it was constructed 3 feet from the nor Le

butter 6 ft from the East o butter we have Provisions in our bylaw that allow for accessory structures up to 750 square ft that need to be 4T from each abing property and 6 ft from the structure that's a 750 foot structure this is a 1200t structure so we we couldn't even shift this building you might be able to get 4ot setbacks but you won't be able to get I

guess you could shift it a couple of feet closer to the house and meet the setbacks that we as that we have for accessory structures um but the size of it again I won't say almost double but pretty close to double of what we allow um of Greater concern and I'm glad that counselor forrera is here tonight is because she was one of the driving factors and forces behind site plan review with runoff issues and

drainage problems and so when I look at this and I see that the lot was also entirely paved where it was not previously another issue that that needs to be resolved um so now we have this large roof area that the water runs off of onto pavement and either to the street which adds runoff to our drainage system system or to AB Buton properties we get calls constantly and I get them from private landowners from City

councilors and everyone can you go look at this house this one's putting water on this neighbor and these are this is what happens when people build things without permits it's it's just what happens and as um was stated previously I too question the use of of this structure um and the applicant is telling you completely what the main use of this building is the the square footage is is is almost

looks more than the existing I think it's bigger than almost any house in the neighborhood and and the existing you can't have a temp you can't have a accessory structure bigger square footage than that well 750 or they can get a variance from that as well so there there are many different variances that you can come back here that there was a plethora of relief that could have been come here and requested before

going in and constructing a building thank you Dan anyone else on the board before we go to the general public and wait and you did say there is no Foundation there's no foundation so there would be no Foundation to rip out of the ground no sir okay there's no slab nothing no it just it said it's on it's on pavement right it's on pavement yes sir the whole thing it was all paved

first and the whole yard is paved is it so how long's it been up uh probably like two years any complaints about runoff it was right I have not received it dis nothing like no still still to go to just ask anything else curious that's anyone here to speak in favor of this petition you it indicated I will and the only reason that I will is because I've got calls from some of the

neighbors that this wasn't an issue and they kind of felt bad I guess um his dad passed away and Mom at 80 something living there alone the sister moved in um and the building dad had been ill and the building had been falling apart so as a good son let's put this up for Mom do this I can put my trailer here my sister can store stuff we both kind of

go back and forth taking care of our parents and I said did you know you had to put up a per I I didn't because I thought there was already a building there you know and it was falling apart and I put another one in its place well I think the rule is if you do something and you didn't get a commit then you have to pay double the fine or something

something like that but clearly it's been there for two years because he didn't appear before this board he was directed to and he did not he delayed it right this board did not right but that's what I'm saying he went before the board no no he he when he got notified correct to go before the board he talked to Eugene this is what he told me he talked to Eugene bu inspector and

then they were going back and forth back and forth for Eugene till he finally got a hold of him and said you come yeah I was waiting for Jeff so let's speak correctly that you weren't waiting for Eugene you waiting for to fight yeah no when I had talked to him he told me he was going to give me some time to get things squared off which so I don't want

to hear anything about being delayed for any other reason than him his consultant didn't decide what they were doing until they got here all I can say is the time it's been there the neighbors have said it's not an issue and I said you know have the neighbors if it's been there and there hasn't been a problem with water or whatever well um but if have to pay a fine for not doing the right thing

then not you know law it's it's interesting Mrs Pereira that that's all I have to say and appr I mean you know we had one one neighbor one AB butter to a different project saying if you don't live in the neighborhood you shouldn't have the right to say anything about it right all right and if the neighbors get to say this is okay this isn't then what the hell we can shut down this board and you

know is there a leer in here no sir now you understand that you would have been able to rec you keep saying that the existing sheds were dilapidated yes they were you could replace those the size that they are no no you you could have you could have bought a steel structure the size of that one and replace the structures that you had there was also that's one type of permit

to get but this and the size of this goes so far beyond that and I think Eugene advis you to that and let you know this uh no sir no no no no no afterwards he told you that hey this doesn't belong here no he told me just to get um you know get to have the lve it and the option was was two it was one take it down or go to the zoning board appeals

and see if they let you stay yes sir those were the two options he gave you so the first option was get rid of it or come here so you chose to come here yes sir and didn't even contemplate mov moving it a couple of feet in either direction to even meet some of the sidey headback there was also a a g in there and my father out you know Portuguese

people lot they love their Gardens I saw it all on great everything and it was C and it was getting a lot of like um field mice and stuff like that and ever since you know we cleaned it all up you know I got rid of all the field mice there's no more you know there was rats in the house right is um anyone else speak in favor anyone to speak in opposition uh

yeah I'm 98 Boulder it looks a lot cleaner now it used to be so I'm okay with it what's your name uh Lis Von uh on the planet it's v o n n e okay

in either direction that the board decides to go in address both requests one for the stru itself and then also for the lot coverage in in both decisions whether they are to approve or not the current best chance ask any questions otherwise let's go to a motion current lock coverage is 99% yeah which they can't even give you a real number of what it previously was cuz they're just looking off of aerial guessing

yeah time for a motion

guys damn well when you say combine both of them um you're talking lot coverage and so again if you decide to deny right the denial is the building needs to be removed and the asphalt needs to be removed okay because it it's the lock coverage the whole thing is paid so we deal with the building on one set of section of relief right and then lock coverage for the other on approval as

well you can approve the structure you can approve the structure that it needs to meet certain setbacks and you can also require that a bunch of pavement gets removed as well you don't have to approve the lot coverage so be creative if if you do want to try to allow this to remain you could also attach it to the single family home so they could have actually built an addition to the

house that would have provided other additional storage as well so but that's you have to deal with what's here now you can't really instruct but you can condition it if you want to approve it if it's to deny deny it and state what needs to be removed or you can approve it with conditions that allow other things to happen or again as to see a different plan that shows maybe the building being

shifted that maybe they can meet setbacks of four and four and then we're not dealing with setback relief and potentially four in the back and six to the house so now we're minimizing the relief by saying okay we're meeting the setbacks now what we need to deal with is the size of Destruction so now you're only dealing with 7 50 sare ft to the the 12200 so that's that's a narrowed down

relief then you can deal with the lot coverage itself I don't know historically or why there are driveways on each side of this property do they actually need them can we get rid of some pavement and minimize the amount of lot coverage you could theoretically design this so that you don't have an increase in lot coverage and two don't need relief for setbacks and the only relief requested

is the size of the accessory structure they chose not to do that so if you want to give them the ability to try and do that they can request to table it and come back with a revised plan or you can just act on it either way tonight what your we know so I just met this gentleman 10 minutes ago but what they're saying to you is if you pay $500

you can continue it for one month and try to redesign this to see if you can live with some removed pavement and to move the structure or reduce the size of the structure or reduce the size yeah y I mean the setbacks that Jeff has shown I think you can meet the required setbacks for an for an accessory structure then you're only dealing with the size yeah minim need to be so this

would need to come you got an extra two over here okay so your option is Let It Go to vote if you lose you're going to take the building down and you're going to be cutting pavement out of here or you can ask the table pay $500 to that nice lady tomorrow morning um and then come back to fight another day those are your options can you physically slide that building 2 feet in one direction

and one foot forward yes then this would be four and this would go from two to four yeah so you apply is the building built in such a way that it could be reduced in size I don't know probably not I'm not I'm not probably not who put the who put the structure up it was a a company they like out of um TNT coparts I think they're out of like New

York and they do so many when they're in area they should have like I said that's I understand you hired them but if they're a licensed contractor in the conwal of Massachusetts they should have known to get a permit if they're not a license maybe you can reach out and get and ask them why they apply for per right so let's let's try and pass the BL on to them

that might help yeah like I said I all I did is I call them I thought you know usually the companies take care of it Y and but they didn't just deliver it and you put it up no no they put it up yes sir so they can come out and shrink it well let's let's try and minimize the relief that we're dealing with and see if there's something we can do with that

you can get the well that's it yeah so you need to make that decision but I'm telling you that's your I think you should ask the table okay so that you have a chance to try to redesign this and address the concerns that were raised tonight we could uh yeah and you understand you have to pay $500 and it would be in April uh no it would be in

uh March Mar okay yes sir all right so you do conrete work no I do fencing oh okay you don't know how to do papers no no I don't I just do like papers don't count we do a lot of work I do a lot of work for the for the School departments like we did all the Henry we did the Henry L the cost trying to give you options what he's basically saying is

that you don't have solid Ash not not but this is the only dri just you on the spot this for you what is the best way to minimize I minimize police come back and ask you to vote on a very narrow scope of the size of the structure but what I'm saying is uh what would that entail to minimize a Revis plan yeah get R some pavement and shift the building

2et which he just said could do get rid of some pavement Slide the building two feet there's no Foundation underneath it probably just P the as Slide the building two feet to the yeah and one foot closer to the building so you can get 4T all around the building okay so attorney selino yes fully inspected we again to try to to try to minimize right um so what what uh

Dan is saying is as far as slide 2T one way one foot the other way to to achieve 4x4 well there hopefully their surveyer he's got plus or minus distances so let Jeff say can we fit this building meeting all the building setbacks that required and minimize the size trying to do is like minimize the we don't just grant variances if we don't have to so if there's a little bit

of work that can be done on everybody's part to allow this to stay and if not have to move it to 32 Bliss Street and let's leave it here okay okay so the applicant will make a motion to table the petition uh to the March 20th meeting um and the applicant will pay the fee tomorrow and if I can fill out the form if we have it or he can fill it out tomorrow yeah we should

Mr chairman I that we Grant the permission to to continue to our March 20th meeting motion and second on the motion Ricky yes Dan yes Jim yes John yes joh Curry yes thank you all right get creative sir see what you can do told to get cre thank you I I if it were me I'd be looking for that contractor yeah that was the last item of new business there is uh as far as petitions

next item of business election of officers can we do this in one fell soup to leave everything as is you can somebody can make a motion to keep the existing slate the way that it is I would do that I would make the motion that we leave everything as is as far as offices second wow you you can vote no John motion and second sure you want this that hold no

title I'm having way too much fun thank you it's been second get motion second on the motion John yes Jim yes Dan yes Ricky yes oh what the heck me yes okay Che citizens input Em's going to check to see if anybody let's look at approval of minutes has everybody actually read the minutes from the January 16th meeting oh yeah good reading I the approval of minutes oh we did have some

what happens sometimes if people want to speak you want to speak again just about the motion on the minutes is a second very simply all in favor I before we go to adjournment I just wanted to say this thank you for a vote a vote of a vote of faith I think we've come a long way in the last year I think the uh the work between your department your office in particular in our board has

increased I think it's made for better we end up tabling some things that maybe weren't right coming in the door M we are seeing a little bit better applications by and large fewer fewer you know it's um I think we're moving in the right direction I really want to thank everyone for what you're doing on this board I mean that sincerely I think the Chairman's doing a great job thanks

buddy I wasn't looking for it that's okay all right motion to to adjourn motion to adjourn do we have a second second all in favor thank you Craig