4.12.2023 Planning Board

okay I'd like to welcome everybody to the Wednesday April 12th uh planning form of planning board meeting facility open meeting by law any person may make an audio or video recording of this public meeting or may transmit the meeting through any media attendees are therefore advised as such recordings or Transmissions are being made whether perceived or unconceived by those present and are deemed knowledgeable

acknowledged and permissible the city Charter section 9-18 mandates that all multiple member bodies develop and adopt rules all policy for public comment we have adopted such a policy which ensure provides for Citizens input on planning board specific matters at the end of the meeting there's a sign up sheet that's located in the back of the room if anybody is interested uh go to roll call Gloria pachico as a

present that's Andre president Mario luciolo yeah Mike farius present and I'm John Ferrer I'm president as well also with us we have Nina Kruger the administrative clerk Dan agya the city uh engineer Chris Moreno uh the assistant planner and Greg Salvador with Fall River TV we're going to go with the first on the agenda I know on their own business which is roadway reconstruction Wood Street section

66-185 city ordinance considering the roadway reconstruction plan and profile of the Wood Street Extension Mr chairman we've received correspondence from the applicant again who has now hired a new engineer he was not getting any response from his previous engineer trying to get revised plans so this I would recommend it the matter be tabled to allow him the ample time to submit new revised plans

anything from the board members do we have a motion at the table motion by Beth Andre second by Mario uh roll call Gloria yes Beth yes Mario yes Mike yes and I myself vote Yes as well on the tabling of Wood Street next is uh repentance number two is a repetitive petition by Kevin Oliveira 334 Vale street map e-01 lot 50.

in accordance with mgl which is Mass General law C40 a 16 and 86 to 487 of those four of us a forward zoning by law the applicant requests that the Fall River planning board make a determination that the submitted proposal contains specific and material changes in the conditions for which unfavorable action had previously been taken by the form of zoning board of appeals on June 9th 2022 the applicant

was denied a zoning variance to allow the subject 6758 square foot property into two lots leaving the existing five family dwelling on a 3 100 square foot lot and the existing commercial building on a 3658 square foot lot the board filed at the petitioner had not produced sufficient evidence that the proposal met the prerequisites for the granting of the variance this property is located

in the b-l which is local business zoning District the car variance petition requests permission to divide the subject property into two lots building Lots leaving the existing non-conforming five family dwelling on a 3224 square foot lot and the existing commercial building which will be converted to a residence on a 3534 square foot lot it is of the applicant's opinion that these proposed material changes warranty

ability to appear before the fall of the zoning board of appeals for the purpose of rehearing the petition and before we get started just so that we can all be on the same page again just you know you don't look at these all the time but the next we've got four of these this evening I believe so when the petition comes before you like this you are not being asked to vote on the

Merit of the petition whether or not it makes sense whether it complies with zoning or anything else it was denied by the zoning board of appeals a specific reason and for a specific purpose of what the relief was being requested all you need to look at today is what is now submitted is it substantially different for those reasons that it was denied very simple very narrow scope not

doesn't comply with this comply with that nope just as the new petition substantially different than the previous one and I know you all know that but just to refresh everyone's memory also repetitive petitions do require a super majority vote so a vote of four in favor is what is required even though a majority of three to two may be the vote that would not pass so we need four out of the five members of

of the board for these items to pass that's all okay you state your name good evening for the record Jeff Tallman from Northeast engineers and Consultants here tonight on behalf of Kevin Oliveira the petitioner on this request for re-hearing um you basically stole my presentation there uh I was going to go over all those details but you've summed it up quite well what we're looking to do here

just to kind of recap is the back in June um this property was denied a variance to subdivide the property uh into two lots and you know utilize the existing commercial building on lot two uh I think the issue that the board had at that time is the the commercial building is vacant there's no tenant there um it was less than a year ago well maybe over a year ago now there's a home improvement um

company that ran out of there and initially there was a variance granted for this site back in 1989 to allow actually the petition that we were seeking the division of the property into two lots and the creation at that time it was going to be a pet grooming business in the commercial building that was granted the problem was the applicant or the or the owner of the property at the time never followed

through with the form a plan to divide the property so you know back in June we filed but for a similar uh you know variance but again I think the hang up with the board was the commercial building was vacant and they weren't sure what was going in there um and the owner of the property is not sure so basically what he we decided to do at that point is

um he wants to he was looking to make additional residential units in the existing dwelling I told him that was not a possibility so he's looking at this building in the back in uh to create one additional residential unit on the property it would then be subdivided as shown on the plan but the the change that we're looking for is changing the rear building from a commercial building commercial use to a

single family residential uh dwelling unit so be happy to answer any questions that the board might have any questions about board members I can add that at the zoning board of appeals meeting as Jeff stated one of the concerns was what is this commercial use going to be and what is what are the parking requirements going to be for that supposed use um and since that couldn't be nailed down

um they decided that their relief could not be granted the plan presented before you today again is for residential use they have provided two off street parking spaces so they um they still have to go through the zoning board of appeals process to make this happen again you're just allowing that to happen now rather than having to wait the two-year period from the from the date of the denial anything from the board

I mean I see uh I mean obviously switching out from commercial to residential is is big I mean that's a big change in itself and I can understand the hesitancy and not knowing what kind of commercial was going to be there I see the two off street parking spots that uh that have been added um I mean do I have a motion audience first huh that's the audience oh I'm sorry is anybody else here

here for Vale Street no so you are okay could you uh would you like to speak or no I'm just all right um do I have a motion to uh I see a substantial material changes so I'll make a motion to accept motion by Mario to present us back to the uh the zoning board I second the motion Gloria second uh we'll call Gloria yes Beth yes Mario yes Mike yes and I John forever vote Yes

as well December

thank you Mr Thomas are you staying for the next one too next uh yeah next three yes Phil in for Peter celino on the floor oh that's right he's on vacation Okay so we've got number three on the old business another repetitive petition Janet Harrison 18 Holland Street map 15-21 lot 30. in accordance with Mass General law c40a 16 and 86 to 487 of the Fall River zoning bylaw the applicant requests that the former

planning board make a determination that the submitted proposal contains specific and material changes and the conditions for which unfavorable action had previously been taken by the four of his only board of appeals on September 15 19 2022 the applicant had was denied his owning variants to allow the division of the subject property into three buildable building Lots in the process demolishing the existing

single-family dwelling the board found that the petitioner had not produced sufficient evidence that the proposal met the prerequisites for granting a variance this property is located in s which is single family zoning District the cover variance petition request permission to divide the subject property into two building Lots leaving the existing non-conforming single-family dwelling on a conforming lot

building lot and creating new substandard building a lot having an area of ten thousand fifty square feet with 70 foot Frontage on Holland Street it is of the applicant's opinion that these proposed material changes warrant the ability to appear before the performance only board of appeals for the purpose of rehearing the petition so I go I have nothing to add on this one huh I have nothing to add on this

one Mr Tallman again uh for the record Jeff Tallman Northeast engineers and Consultants here on behalf of Janet Harrison the applicant um or the petitioner on this request um the change that we made here just to give you a little history with this site at the time when we filed the zoning variants um Mrs Harrison was in a nursing home she was looking to possibly do something with the property she's lived there her

whole life she but the house was not Ada accessible and she was doing some rehab in the nursing home and she wanted it to be basically what she was looking to do was was to raise the existing house and to offset that cost of building a new house by creating a third lot um you know long story short is only about obviously denied the application request so what we're here for tonight is in

what we're presenting tonight is uh in again the issue with the zoning board at that time is we were creating three non-conforming lots they were all substandard Lots uh the application uh the petition that we're looking to move forward with now keeps the house on a conforming lot um that would meet the requirements of the Estonian district and the only thing we'd be doing with the remaining land is

creating a substandard lot so this with this petition we would not be raising the house we'd be maintaining the house on the lot with the uh the outbillings the sheds in the back the driveway all that wouldn't remain on lot one it would be creating a substandard lot too uh but with that I'd be happy to answer any questions I've got a question on the lot one that you're showing there

um you have lot one and lot two on the old plan uh is that currently or was that what you were proposing um that's what we were proposing initially that got denied okay so the old plan was the variance plan that got denied by the zba with the three lots on it so you're just looking on the new plan for lot one to be that one single lot and then lot two yeah

the CBA takes issue when you when you take a conforming lot and you you create in this case three substand a lots out of it and you know it just becomes problematic with the new request we're maintaining um lot one as a standard as a conforming lot a formula just creating the one substanded lot thank you anybody in the audience uh here for this for Holland Street no one any other questions from the

board Mickey Mouse and reapprove motion by Gloria second second by Mike uh called Warrior yes yes Beth yes Mario yes Mike yes and I John foreign uh next number four another repetitive petition Central Real Estate LLC 246 Beatty Street map l-10 lot nine the quarters wood Mass General law c40a 16 and 86 through 487 of the four of his owning bylaw Capital requests that the Florida planning board make a

determination that the submitted proposal contains specific and material changes in the conditions for which on unfavorable action have previously been taken by the form of a zoning board of appeals on October 20th 2022 the applicant was denied he's owning variance excuse me to allow a division of the subject property into two lots leaving the existing three family dwelling on one lot and constructing a new

two family dwelling on the new lot the board found that the petitioner had not produced sufficient evidence that the proposal met the prerequisites for the granting of the variance this property is located in an M which is multi-family zoning District the competition request permission to construct a new two family dwelling on the property structurally connecting it to the existing three

family uh dwelling resulting in this creation of a single uh five family dwelling on the property five family dwellings our loud are an allowed use in the M's uh zoning district and the subject property has sufficient area and Frontage to support the structure however relief is being requested for side yard and rear yard setbacks as well as slot coverage it is of the applicant's opinion that

these proposed material changes warrant the ability to appear before the forward zoning board of appeals for the purpose of rehearing the petition Saga um so again I know at the time of the zoning board of appeals hearing the the issue that the zoning board of appeals had was the proximity to the proposed new lot line of both structures the need for additional um off street parking as well

so Mr Thomas can give his presentation with regards to how those items have been addressed so the record Jeff Palmer Northeast engineering Consultants just to add on to that again this is similar in a sense to the last one where we were taking taking a conforming lot and making it non-conforming uh well making two non-conforming lots out of it and creating a constructing a new two family dwelling

the current application does not propose to divide the property at all what we're looking to do is basically construct the two family dwelling that we were looking to and then that would be construction structurally connected to the addition 3 family to form one structure on the property that would have five units in it again this is something that's allowed by right in in the zoning

District the relief we're seeking here would be setback relief whereas before again we had uh there was a ton of relief that we were asking for at this point we're just looking for a rear and I believe it's rare in sight setback for the new edition um and you know the the one thing I would like to note not that it's important to this board for this uh for this hearing

is that there is an existing uh five-star garage at the rear of the property that's only like 1.7 feet off of the rare property line in about two feet off of the sideline with our new structure that we'd be adding to with those particular lot lines we'd be maintaining seven feet at the rare as opposed to the 1.7 I mean I'm sorry 11 feet to the rear as opposed

to the 1.7 and six on the on the side as opposed to the two so in my opinion there's been substantial changes on this one that would warrant um the US it would give us the ability to go back to this on the board of appeals anybody here from Beatty Street as well in the audience no any comments uh or questions by the board members yeah I personally don't live too far from the area so I

it's kind of this every pretty well but I can see the substantial change and why you threat to it on what they're trying to achieve so I make motions with a motion by Mario second by Beth roll call Gloria yes yes Beth yes Mario yes Mike yes as well on this petition number five another the last repetitive petition Scotty Rivera's care of Attorney Peter a celino 15 Anderson Street map

d-06 lot 16 in accordance with Mass General law c48 16 and 86 to 487 of the part of the zoning bylaw the Apple can request that before the planning board making determination that the submitted proposal contains specific and material changes and a condition for which unfavorable action have previously been taken by the follower of his only board of appeals on December 15 2022 the applicant was denied zoning relief to

divide the property location into two lots leaving the existing dwelling on one non-conforming lot creating a second non-conforming lot the competition requests permission to divide the property location in a manner that will leave the existing home on a conforming lot and create a new lot for which the only non-conformities are Frontage and area this property is located in the S single family zoning District Saga

no nothing to add on this very similar I believe to the yeah probably to the the first one or the second one sorry yeah good evening for the record Jeff Tom Northeast engineers and Consultants I'm filling in tonight for Peter celino who filed this request with the board so basically just to go over the changes that were made it's similar in a sense to the second um hearing tonight where we have a

conforming lot the the variance that was denied initially by the zba was to create two nine component Lots out of that that was the issue that they had it's my understanding at the time so this particular petition is they revised with a lot line would be located the existing house would remain on a conforming lot in what they're seeking to do is to create one substandard lot where they would build a new house on it

so the fact that you know there's no longer two non-conforming lots uh that they keep in lot one conforming and just creating one substandard line as opposed to two to me signifies a significant change thank you and from the board on us that's all I all I see on this one is that you're basically making one lot conforming and actually the layout of the building itself doesn't really

change or the parking but the reality of it is it's substantial enough to go in front of the zoning again yeah and I should note I was handed a revised plan by the applicant tonight because they realized um reviewing this that there was one non-conformity that was left on lot one being locked coverage so they've addressed that on this revised plan they can submit a couple of copies of how many would you need

location of the where did it change the um you know you know with a lot coverage where that 200 feet was yeah without the driveway was the driveway so are you reducing the size of the driveway yeah bring it yeah so it's a reduction in the driveway to bring it so it's conforming to lock coverage requirements as well so on the second line of the first line on the first line so the first slot yep the

idea being it would be entirely completely it was realized after the fact that it was over by less than one percent so in order to bring it into conformance um that they're going to eliminate a portion so the small section of the driveway

it's not going to look much different from the the plan that was filed the the new plan that you have up on the screen

and did you get a copy I did not okay you can have this this is the revised one yeah uh

any comment by the board no yeah Mike makes a motion uh to submit this representative petition back to zoning the second point no anybody here thank you say anybody second Max motion okay so I got uh Mike made a motion Gloria second uh roll call Gloria yes Beth yes Mario yes Mike yes and I dropped for our whole guests as well on this thank you Mr Tallman you don't look like Peter Salina but that's all right

enjoy your vacation thank you next we have the uh approval of the minutes of the meeting from February 8th everybody have a copy we have a motion I want to sustain I wasn't here uh Micah yes Mike wasn't there for that one yeah I was yeah almost a minute yeah you're here yeah so Beth made a motion to accept the minutes one second second so that first motion and Mario's second we'll call Gloria yes Beth

yes Mario yes and myself yes and Mike Willem uh he was not on the board at the time now we're going to go to the new business number one it's a surety reduction uh Briarwood Lane review and discuss security reduction requests for Highland Farms 2 Briarwood Lane so board members um as you recall a number of years ago you approved a definitive subdivision plan for Highland Farms phase two not phase one phase two

it had a number of streets four in total there was one street called Briarwood Lane that that portion of the development is being constructed by a different developer than the main portion so so the request has come in from is AIS development which basically is Ken Steen with regards to a request to reduce the amount of surety that had been posted through a letter of credit for the work to be completed in the

subdivision um in your packet you should have his breakdown list of what he is requesting for a reduction um the actual subtotal he is asking for a reduction which basically means credit for all the things that he's already completed in the amount of 362 949 uh dollars even we have sent this back out to the consultant for review and also myself we've gone through some of the numbers I

do believe a few of the numbers that he's asking for full credit reduction on should only be partials and if you see the cover letter that I have submitted a few of those items are the citation control throughout the subdivision that's an ongoing condition that you know needs to be updated often so I've asked that only twenty five hundred dollars be a reduction the infiltration basins he's requesting 40 000 square

feet to be reduced uh to be let go I'm recommending only thirty thousand dollars because a portion of a drainage swell on the site has not been completed so we're going to hold some money back for that some of the Lowman seeding of the basins again not until lawn is completely fully established on these drainage structures would I be comfortable allowing it to be released or until we were done saying that the

thing is not fully constructed so we're saving some money on that one underground electric everything has been installed system has not yet been energized by the utility company so until that happens we don't know you know yes everything's installed but does it work so electric an electrical system is once it's energized right now it's pipe and wire in the ground so that doesn't do much good for us so I've I've

recommended you know it's a little bit of a different reduction on that and then again on inspectionality inspectional fees is an ongoing item that I feel it's appropriate to release 5 000 square feet so that at the end of the day we would be approving a reduction in the amount of three hundred and thirty thousand two hundred and twenty seven dollars where 362 949 was requested but that basically equates to is

a new letter of credit in the amount of 126 244.80 is what will need to be posted and that is basically 105 204 dollars plus a twenty percent contingency fee that equates to the 126 244. so we would ask that you would move this and require that the new Surety amount be reduced by a letter into a letter of credit of that 126 244 a any questions about the board members

yeah thank you very much for taking a look at that and considering the costs have gone so high in the past few years plus inflation continues to increase I'm glad you've scrutinized this and I agree the 105 plus 20 is the least we could do for the layer of credit I think yeah I mean just so that you know um and I'm showing Mike knows very well you never hold enough money back you

never do however if if the original Surety letter is based upon you know completing x and x has been completed you you have to release those funds you can't say well the final payment's not going to cost us twice so now I want to hold that money no a specific amount of money was being held at the beginning for that task so it's very task related so when you know

if one task is completed we have to release that even though we know there may not be enough money to complete a different task that hasn't even started yet so we we try and help we can where we can and these um these developers understand the need for contingencies it should probably be a 40 contingency but past practice has been 20 and in the original letter of credit calculation 20 is the

number that the board used uh if you have a question I feel completely comfortable with these numbers especially these areas that uh you know not having the underground electric energized yet that's a huge uh opportunity and I guess everything else looks pretty good here so but I think your professional opinion on this is great they're actually just waiting for National Grid they've been waiting for

months and they actually have houses completed and they can't get in there they can't get obviously permits until National Grid comes out and basically flips the switch I mean it's not nothing against the development I mean they did a great job in this beautiful houses yeah I mean for what was farmland and you drive through there now and and it's it's really nice houses you know let's get it all done

a little bit at a time would that be said uh do I have a recommendation for uh Mr agya's amount my Mario uh roll call Gloria yes Beth yes Mario yes Mike yes and I draw for a vote Yes as well on a reduction amount uh by Mr agya thank you hello uh we're gonna go to a street acceptance number two this is Hayfield Lane uh request acceptance of Hayfield Lane extending from Highland Farm Road north

and south to Terminus referred by City Council on March 14 2023. again so just a little bit of history on how the board may want to proceed with dealing with these item number two for Street acceptance of Hayfield Lane Street acceptance for Highland Farm Road Street acceptance for old pasture away Street acceptance for Steep Brook Terrace those are the four subdivision streets and Highland Farms

phase one which two months ago the board voted that the subdivision was deemed complete released The Surety amount at that point in time the developer takes that decision goes to the city council and for the starting the street acceptance procedure so what the actual process is this just happens to be a subdivision so that first step you've already dealt with saying everything's complete

the legal processes it goes to the council because now the city is going to take this on as a public way they come now and look at you and ask you what is your recommendation they don't even look at the fact that you've approved the subdivision to prove that the work's been completed everybody goes through the same process so you may want to take items two two four three four and five

as one vote and that would be all of the streets within Highland Farms one do I have a motion to uh I just have I'm sorry I just have one question you guys inspected like what uh you're going to be taking over from this I know I know it was before my time that you voted it was acceptable but again after the winter and stuff like that we've had a

couple of miles so that boat was just taken so we so it went through a final winter there were a number of punchless items so just so you know that the past history yeah and a developer is required to submit complete as boat plans okay and that was probably two years ago when this process started when they completed and over a year or two they've you know fixed this fixed that we had to deal

with a bunch of encroachments where people were putting things in drainage easements so there was a bunch of that to deal with those as builts have all been been completed the subdivision's been completed the Consultants reviewed it I reviewed it and then that comes before this board to say okay are you voting that the subdivision has been constructed in compliance with the approved plan that's one thing because

the roads could stay private forever if the developer chose to keep them in plow women then he has the right to do that but as far as the subdivision goes we're done okay this is now just for the city to take on the responsibility of Maintenance plowing trash collection for the streets is there anybody here for any of the Highland Farms Street acceptances oh so now do I have a motion to take

items two three four and five together most of my Mario second I said Mario uh we'll call Gloria yes Beth yes Mario yes Mike yes and I Jennifer yes as well now we need an approval to uh on a street acceptance which is we just made a motion to accept to take all three out of uh together do I have a motion towards uh for the street acceptance for all three in order to

send this back to City uh all four to go back to city council I'm not sure best motion a second Mike second oh call Gloria yes Beth yes Mario yes Mike yes and I John Ferrero yes as well so items two three four and five will be going back to the city council for their report okay item number six uh Street except in Wayland Street request acceptance of whale and Street extending from North

Main Street to the dead end referred by City Council on March 14 2023. this is that yeah so unlike a subdivision Street this is an existing private way an unaccepted City street uh which there are many in the city and basically what that means is that the city does not plow sometimes they do as a courtesy especially in emergency events but they're not required for any roadway maintenance

um any parking enforcement snow trash for the most part um but sometimes that that line gets a little bit blurred because the city does go beyond what it should be doing in many cases so there is a petition that had been submitted directly to the city council and that's the process that it takes so when there are a number of citizens in the city anyone has the ability to file a petition and submit

paperwork to the council requesting that a private way be um be accepted and then become City's property and then responsible for the city to take on so when they submit that the petition goes through the elections office to to verify that at least 10 legal voters of the city of Fall River have put their names on this petition that's how the process starts that process was completed then the city

council looks at it and makes the determination preliminarily is this something they would entertain and if it is they then send it again here for a recommendation so all they're asking for today is a recommendation from you whether or not they should accept the way and take ownership and maintenance and all of those types of things so I know you deal with quite a few of these but that's that's the limited scope that

comes before you so on this list um you know I think you all have a copy of it you'll see the importance list that of Butter's list and part of the process again is the importance list that you see behind the list of of signatures a notification goes out to all of the owners of any property on the street that list is generated by the assessor's office and mailing goes out in

accordance with the most recent tax records that the city has and that that's the list that the uh that the city council utilizes in that and that we utilize as well so all those mailings did go out as you see and it's here before you today do we have anybody here for Wayland Street acceptance one two three four all right what we're going to need I mean I would like to speak does anybody

want to speak all right what we're going to do is yeah um everybody's gonna happen everybody's gonna have a turn to talk about she shouldn't be speaking well I mean that that that's on this to be on this list like to be on this list but this is a public hearing where anybody can speak whether or not they have legal grounds to speak that should be terminated determined at another time I don't know on this list

to be on to to stop this petition you need to be a registered voter I did a petition as well and that I was told this couldn't be uh what's that petition for this is what they did what he did the next door neighbor I've been there since 1989.

yeah I did a petition that the city hall gave me to petition not to make it a non-accepted street and I thought signatures and I think that to City Hall as well and this was denied by the city council right but did you go to the city clerk can I see that I don't know that's okay just let me have a quick look at it I'm just trying to understand the process

to go home that way again you don't even have to live on the street to do this yes I know that's why I've got all these wonderful so this was April 11th of this year so this was after this one was done okay so this went to the city clerks this is theirs yep so you you just submitted this to the clerk on April 11th well that's what it says stamped in

April 11th which is yesterday yesterday yo the U.S submit this yesterday listen one thing one thing at a time one thing at a time this petition is stamped in at by the clerks April 11th at 11 34 which I think is yesterday if I'm correct is that correct yeah that's correct so this has not gone before the city council yet so they have not had a chance to remand this back here for an

opinion this has to go before the city council doesn't matter if you ignore it goes to a meeting okay thank you so the city clerk so so the city clerk um one thing at a time that petition you filed with this with the with the city clerk yes that will now go through the process and go to the city council you made the representation that the city council said no that has

not happened yet so that's what I was told by Brad Kelsey it was denied that's why that hasn't even started yet you just submitted it yesterday no not this one this one okay um all right so let's start with those in favor I'm gonna go one one at a time and please come up state your name the address for the record and also everybody keep in mind that we're trying

to keep to the specifics of the street acceptance and you each have three minutes what's your address okay I bought a house for my cousin because I'm gonna be 62. I said you know I'm going to retired I'm going to be in a dead end street I'm gonna live nice in peace if you know why it's not it's not it's been like hell I see policemen every day every day I was

already called twice the police on me I didn't even do nothing that that they'll call me the place it's okay it's okay God watches everything I got pictures here if you guys want to lock because I'm sick and tired of this I'm afraid to go to SI because if I go to site the police so so is the issue that your your access through the way is being impeded well I cannot nobody could go to

a earth side but that's what I'm saying so she's so someone is blocking the way so you so you wanna you want the city yeah so that access for emergency vehicles and self everything else is maintained I don't have a problem you want to keep the scope to why we want to keep why we want the street to be accepted no personal issues I just want the city to access on the

street and the purposes of requesting it to me I feel that I don't have a problem with people driving around my driveway I had people got going over my grass halfway but then I looked it's a dead hand they got a sign says that end what is the dead end can somebody explain to me what is it that and it means there's no turn around and it's not a through Street then it

was it you know what I've been in streets that like I got lost I went to that at all I'm lost oh man I turned around and went back mind my own business you know what I'm saying but over there a few guys look at the pictures if you tell me it is not the one with this then we've looked at it you look at it yeah I mean I just got to

stop I mean this got to stop today today I I come from work I work like a construction I come from work I got a guy breaking B uh for the fans because I'm putting the fans I parked my car right in front of my house fishing that way I'm going to be 62 digging the police comes I said whoa again last week was because of the barrel the

barrel was on my side and I'd be nice and not this what's next how far from the end which house is yours I was there today well mine's is on the July the last one yeah today I mean and like I said but like I said I want the city to take over okay because they go over there they do the trash you know what I'm saying their plan once in their lives

you know I'm saying if that is private that's what they skipped say it's private like so you want to maintain all the uh uh all the perks of having to be a an accepted street with your trash you're plowing yeah everything let this and be and let's live like in peace you know I'm saying anybody can turn around and you know people they make mistakes oh I'm sorry I said that and right but don't be like

hello somebody said nice come on but understand along with that that the city May determine that because the width of the street May prohibit parking on the street for everyone so everyone will you will have to park on your private property otherwise otherwise you'll be subject to a fine at least one second I was parking my in front of my house and now in front of your house in the driveway on your

private property in your on your driveway yeah because if the city takes it over we need to make sure that it is kept open for emergency status and there would be no parking allowed on that street that's 100 okay with me believe me okay believe me I'm trying to do my best from the fast I'm in my mind business I don't want no Province I'm not I'm not a problem maker believe me

okay all right that's all I have to say good thank you thank you Mr Souza thank you anyone else imagine hi Delinda Snell 33 Wayland Street snow number two on the list 33 Weyland um same thing I just want the city to make you know keep doing the trash pickup they maintain the roads now I didn't even know I bought it six years ago I didn't even know it was a private

way well what will happen now is um so the road does need some work relatively soon yeah of course there are hundreds of streets in the city that need work but this this would give you the ability to potentially get that road resurfaced repaved improved at the city's expense so that that's really the biggest perk of getting you know a street accepted right um although I don't like to take

on streets that I now need to go spend money on pavement but it is it is within your rights to request that detection I just want to keep what we have yep you know I don't want to take my trash bin up to North Main Street sure understood yeah great thank you and that's it thank you anyone else is there anybody else no anybody else yes I think that's it Dee

just so that you know when you asked if if this one had gone to the city council the one that's before us yes at March 14th of 2023 the city council voted at a hearing to uh refer this to the planning board that's how it gets here so it has gone to the city council it was filed with the clerk uh January 18th yeah I spoke to Brad Kilby yeah and

then we heard March 14th and then was sent down to us so name and address please the Orlando canera five Wayland Street on one of the um first people that from the house when they opened that street we built three brand new homes on Wayland Street I have pictures and um the retired police officer up at the top of the street um that lives on North Main Street you know the house um

he doesn't pop 20 feet away from the stop sign which he's supposed to I've called the police numerous times and other people some people here have talked bad about one another so now I'm being put here when Louis Sousa used to be a friend of mine and um today when I left um he said that he he was parked forward I had the picture the cars are going the wrong way

when he has company come into the house people going the wrong way people not talking 20 feet away from the corner I tried to come down my street again today I have a camera in my car it records front and back I have the pictures and the recording but I can only do it from my home or from a Wi-Fi to get right yeah you've got a few cameras on the front corner of your house also

on the top corner or down on my street yo it's on your house yeah I got those cameras because of these people um and um the um I'm sorry I forgot what I was saying oh I tried to come down my street again his wife in the car he was in the uh out of the car talking to the person uh Dylan does now in the middle of the

street with his jaw wide open I was on the phone with my friend on FaceTime I mean people see this I don't own the street this is what they're saying I own the street now I've been there since 1989. we've never had problems or issues with the cavallos that bought that house the original people and the Monas family that owned that house and these people have left because of the stuff that goes

on on Wayland Street I mean doing drugs outside our home having sex drinking and driving uh down up inside that's not your neighbors that's just people no that's just people and like she said about the non-accepted street what what if it does become non-accepted if you guys approve this it's going to be worse than what it is now do you have reasons why you don't want it to be accepted like specific reasons

why should it be we get all the services that we've gotten all these years 1989 when we first moved in here it was mug these at least they're turned off to say yes they was we have to fight and pull teeth with the uh city council or wherever we went to have that street fixed and then you have South Coast rail it says no parking I have a sign there that

we got from a police officer or somebody we had that sign put there people still park there that's right it's right next time this company parks on the other side of the street South Coast real in front of the fire hydrants so what will happen is if it becomes a city street the police are not going to do anything it doesn't have to be the police it can be our traffic enforcement agency so

once it becomes a city street it will be monitored and if it and if no parking signs go up I tried to straighten this out I understand but this is actually the way and potentially away patient also does absolutely and I think I've been pretty responsive to everything that you asked me to look at okay so this this this could potentially be a resolution I'm not saying that that it

will be it's not but it's going to make it worse it's not police not anything it's just is there a reason for them to recommend acceptance and they're really only here to look at does it have adequate line grade and width to travel which which that it does um it's ultimately up to the city council that accepts it this vote does not accept the street if people come to

our home where are they going to park if you if you have that we can't talk on the machine where do they park now where do they Park yeah you actually own to the center line of Wayland Street all properties do on a private three to four feet in front of my property I was told to put cones by Laura and her team and that's what I did that's when these people started getting

that especially the retirement but you can't block people from traveling I'm just saying in general on a private way I don't block anybody well you're sitting there parking on the street no I'm not saying if if you you just turned around didn't he didn't you just turn around and say that you can have no parking on either side becomes accepted if it comes accepted correct what I'm

saying but well I mean I was there and I couldn't I couldn't get down to the end I mean I saw your cones you got regular cones tall cones across we have the side that I think your powers parked outside I couldn't even get through so I already knew what was going on I said okay so I just packed up so we would never I wouldn't have any confrontation around thinking you're not

knowing who it was do you want to see the pictures excuse me question you're saying they're having difficulty with quote unquote like monitoring Law and Order on that street and that's probably because it's a private way if we if we vote to accept this as a public way as you said earlier it was was not paved you had to fight the city to pave it yes it's not the city's job to pay but it's

a private way as Ken said earlier Dan said earlier we now our taxpayers have to pay to pay I'm a taxpayer exactly but my point is if this becomes a public way we now share the burden of putting you on the list to fix your road whenever we get the money my point is if your concerned is that right now there isn't any Law and Order on that street I think you'll be here petitioning us to

accept another public place so that you eliminate all of these as you said pocket on the wrong side and so forth and so on and you mentioned um the services right now you you have no right to Services I live in a private way I don't get any trash pickup I don't get any snow plowing I live in a private way in Florida River and I pay my taxes so yes you have to fight for that

because you're in a private way so if you want those Services your neighbors are properly coming for the board petitioning us to make it a public way so I think there's a misunderstanding here did I get that right there no it's kind of counter-intuitive correct for the basis of it and that's why it's I think a lot of the discussion and thought process really has nothing to do whether or not the role gets accepted or

not okay there are so many things going on that it just happens to be that the street acceptance portion is what's and that's why it's important that we only look at that that specific scope of what you're being asked and you're not being asked to accept this way right you are making a recommendation with regards to the condition of the street the line the width and the grade and that it's

traversable that is all and that condition and that recommendation can say specifically that that you feel that it is of adequate with line and grade period thank you and the letter that gets sent to the city council if that's the motion would be specific to just those items it's basically saying people can drive up and down this street safely is what it boils down to and that we can

get an emergency nothing to do about parking or all that's going to end up coming later right um when we have a street that we need to to be and have cleared um so traffic will deal with that another time this is just the piece of land itself is it okay would it be better if if it was just paved there are some municipalities that say yes we'll accept it however you need to update the

construction to current standards so that we don't have to go spend our money that's not the way Fall River does it Fall River doesn't want to put that burden on the people that have lived down the street and pay taxes so we assume the responsibility for putting it on the list to be repaired small street again and one that we just did off of off of President Avenue it's all they're

always these little dead ends that that need help construction wise yeah get registered chapter 82. one says private way somebody says it's not a private way it's non-accepted it's accepted I mean we've been there since 1989 we own the house the other Butters were not contacted as well what was it who wasn't yeah it wasn't you got golden oil on one side yes Joe canara there's Moses Camaro there's

Gabriel canara and Ms Maria Fernandez you're saying owners of five Wayland And we discussed this and when before this process started I stated what the requirements for notification are and I asked you on the phone where would you like me to get the addresses so just so the board knows this is a property that is there are technically five or six different owners of it which I think

it's Miss Camara and her family members so the notification just like the tax bill goes to the address that's listed on the assessor's office so one bill goes out to one person the other five one that lives in azos they don't get copies of the tax bills any legal notification goes to that address that's on file at the assessor's office that should have been notified notification was done in accordance with

professor's office that's that's what the rules say yes yeah yeah I can attest to that thank you all right personal point of information ask why this test street it's about 18 feet now if I had to guess I mean it's not very wide so if it's 18 feet it could be a little while history across this 18 feet the gravel like the web Department you can actually drive the other side so there are there's a

street right of way which is the actual property boundary limits then there's the traveled way that's in between I believe that's what Mario's question was it was how wide is it to travel on correct inside the walk come by side the street excuse me it's any sidewalk no it's grass on either side there's no sidewalk no there's only four houses there's only four houses down the street

right out the week uh parents use that street there's no curb there's no it's just you know I think it's actually a few various machines on the acceptance of the street and my judgment is not it is also big safety children people walk on the street Carl who can travel and I per se and she's a taxpayer and the other taxpayer is it responsibility of the city to see the safety of the

people could be two house three houses whatever at this point right here I hear you ought I hear them so just a ad I do this for a living I've been doing it for 35 years it's very unreal it's very rare that you have a private way transferred over to either town or a city and have them take on the responsibility of potentially repaving it and also doing the crash and the snow

removal it's a rarity that ever happens so done since 1989 right what are you saying it goes beyond what they should they go beyond yeah and so what all I'm saying is I think there's a compromise here that you can all work out but we used to talk about mailboxes up on North Main Street well it's a private way now you have your your mailbox at your facility that's what and so would you yeah if the

city ends up taking it over well lucky the post office could have said yeah no we refuse to go down your street specifically because there's not it's a private ways yeah yeah they accommodated you I mean everybody's been accommodated on that road uh for for a while now now it's just making a formality that it is accepted and it is on a register with the city and this way things can

continue I mean because people can sit there and complain say that's a private way why are you guys doing that I mean no that's that's fine all right so I guess we're all set that's uh uh we uh any motion from the uh from the boards who sent us back to the city council I'm in commotion to send a city council oh the way you actually recommendations the safety of the people

and the City of Fall River will be respond to someone gets tragically unhapproperly and say where's the city of Fall River okay motion by Mario second by Beth roll call Gloria yes Beth yes Mario yes Mike yes and I John Ferrer vote Yes as well as far as sending that back to the city council for acceptance thank you thank you thank you thanks folks all right well okay number seven receipt of

Correspondence if you would discuss the First Amendment to uh Conformity activity and use limitation recorded in accordance with mass dep by Boston environmental Corporation for the property located at 631 Airport Road um basically just something that the board should just take on file an activity and use limitation has to do with when contaminated materials are found on a site and it can't be cleaned

to a certain degree it's the DDP will require that in aul activity and use limitations get filed for the property and it's basically a legal document recorded at the registry of deeds to alert people to know that if you're buying this piece of property there's this portion of it that has this issue so these get sent to every different board in the city as you know the mayor's office my office so it's just something

just alerting you to the fact that again to meet um the obligations of Massachusetts General water notifiers so I would recommend it just place on file as long as that in place uh item number seven on file on motions please close my bath second I'll second second by Gloria we'll call Gloria yes Beth yes Mario yes Mike uh yes and I John forever vote Yes as well as to uh item number seven item

number eight receipt of Correspondence review and discuss notice of adjudication and public comment hearing for a petition filed by National Grid the Department of Public Utilities to modify existing electric transmission line right away that extends from National Grid spottersville switching station in Somerset crossing over the Totten River to Fall River and continues easterly to the skies the Sykes Road substation

of Fall River yeah so again this is basically just an upgrade to their existing systems the way this works is odd it gets submitted to us at a certain point in time um so this came in in March 16th they actually on Thursday March 30th they had conducted a remote public comment hearing period where where people can can go and make comment so again this is just a matter of placing it on file

you'll see in the in your package specifically which areas they're talking about which would be the crossing of the time River following the existing lines and Sykes road is basically the the first road that you would see in the industrial park where it comes out to Wilson Road so right now there's that transmission station there now where Liberty Utilities is they bought that lot where um

what was that what was the building company that was there before because little Dunkin Donuts oh no no no it was uh yeah but whoever that is no I know it wasn't used to be sure he just bought that yes um but yes so that big substation there so it's redoing the lines that go to it all those lines are underwater right under the Narragansett their frosting those are those are the ones that

currently cross over okay yeah and they still are planning on being National Grid proposes to separate transmission lines within 1.85 so yeah so I think what they're doing is um where they are now they're breaking them apart in two separate areas okay um also within their easements project will cross the Titan River as part of the project National Goodwill also conduct and build instructions yeah

did you have to look it up no no I just there you go the reason I say that is that when we did the upgrade for the one that's going over now we had those huge wide poles and stuff like that and then they brought it down to that to make it more acceptable for the developers on the waterfront gotcha so I'm just wondering if they're proposing anything over there that's a above grade and if

they are then they would just have to match in kind what's what's there what's out there now instead of those big monstrosities that they had before because there's future possibility of development in and around that area yeah again I mean it would have been great if if they gave it to us ahead of time where you could have possibly made public comment or trying to watch that that part of the meeting but by all

means it's in your packet yeah um I did look at the uh uh Google Earth and I didn't see anything overhead so I was assuming it was under but I'm not I'm not 100 sure the proposals under or above so that's the only common that I would have all right so right here the lines currently crossed the Taunton River the project will require the installation of two 300 Foot Tall River

Crossing structures one on each side of the time but the river crossing structures require additional real estate easements that the company also secure so it already is above ground they're staying above ground okay all right do I have a motion to place uh item number eight on file

submitted um until April 18th okay okay now do I have a motion to accept item number number eight motion by Beth second a second by Mario roll call Gloria yes Beth yes Mario yes Mike uh yes I would put in the caveat I will actually follow up with the written comment to them to find out uh that way we're not uh tying anybody's hand who's doing potential development and

run so awesome and I vote uh John for our vote Yes as well on at least it is on file and Mike following up on the uh on this as well number nine another receipt of Correspondence review and discuss waterways license applications submitted to the Massachusetts Department of Environmental Protection Bible primate primian prismian prisman cables and Systems USA LLC to install a range

of navigational light in the Titan River to provide Marine pilots illumination way finding as well as additional safety measures so as some of you may or may not know Breaking Point power plant is currently going under a permitting process for the construction of a facility owned by prismian cables it's an Italian company and they produce the underwater cables for all of the the wind projects that

will be will be going on around here part of their process which is pretty cool the whole process that that they didn't I think they probably have five or six different plants I mean all over the world so this is you know pretty pretty cool that it's going to be across the way so part of that is they have specific um Maritime needs for their ships when they

come in and when they dock to go in a certain direction a certain angle to pull up to the actual deep water Port so this somerset's doing a whole bunch of Permitting for because they're building it there they had to appear before the Conservation Commission I don't know two weeks ago they are proposing to install a navigational light and I thought this was the coolest thing in the world so

I've I've been on small boats before but something this big what what these boats do is when they come in there are there's going to be a light that's just off I think like 300 feet off the shores of Kennedy Park and there's others on land for them so when these ships come in the pilots they maneuver the boat in a certain way and there are lights in each Direction that have an array of colors whether

they be red yellow and green and you have to keep the boat within the Green in order for you to approach the dock in in the right way so it's a pretty cool system the light only goes on when they're there can't be seen from the Fall River Shore all that's already been reviewed and approved so this is again notifying you of this next the chapter 91 license is the next thing

they come and they file a permit for the Conservation Commission they get that they then have to appeal you know submit to dep and a number of other regulatory authorities to get their ultimate permitting so this is just putting you on notice of that all chapter 91 licenses require a signature of the chairman of the planning board and the zoning enforcement officer who is the the

building inspector here in the city so there is a a form there for John to sign if you will you know make a motion and authorize him to sign on your behalf of that that's all any comments and again you are not approving it it goes now to chapter 91 in dep probably the Omni Corps of Engineers and the Coast Guard what we'll be dealing with all of this

Mike I did a thorough review of this we run into this quite a bit it's actually it is a fascinating process and um yeah we did yeah be honest you know it is kind of nerdy but um it is uh they've done a thorough job of not only that but like habitat Wetlands the shellfish out there and this is all outside of that that area so it's pretty safe to go ahead and sign this um

it's very important so he can sign for us great yes the motion by Mario second my second Gloria ah roll call Gloria yes Beth yes Mario yes Mike yes and I John for our vote Yes as well see these Italians can do great things I'll tell you that's the reason why I made the motion I might bring the wine over next Note 10 we have approved approval of the minutes of the March 8 2023

meeting I believe that was just Gloria myself and Mike uh you two are having surgery I think you were absent do I have a motion to accept that let me promotion accept the minutes and roll call Gloria yes Mike yes and I Joffrey as well oh yes and before you adjourn I would like to uh acknowledge the hard work on Nina's behalf and Chris is putting together the iPad program and all that it takes

although it's easy to do this you know it's a lot of time that goes on behind the scenes putting together all of the exhibits and I think you'll all become much more comfortable over time and again I wish we could all let you take them home so that you can do that kind of work at any time prior to a meeting if you want to come by the office and

and go through it and yeah because she emails It All To Us yeah right but I'm saying on this on this one but yeah so now exactly what you see that you get emailed to you you'll have at your fingertips here and again I'm a paper guy so Mario I understand Mario didn't even open I have mine but what's happening is um these will be utilized for the three different boards that that we deal with

the zoning board of appeals and the Conservation Commission um so some people will use them some people won't but it's it's moving in the right direction so I just want to acknowledge yeah thank you great job okay we even had it on TV I know you see that it's amazing it is extremely helpful having the two plans the old plan yes yeah side by side yeah and we're hoping to add some

additional information in your packages stuff that doesn't get necessarily submitted by the applicant but just informational pieces that we can we'll be adding to to you so when you scroll through that you'll see there's a lot more information there that you know if you needed to see an aerial of yours you can get a better idea of what's happening there but I think it's I think that's great to return

I'll motion to adjourn second oh second we'll call Gloria yes Mario yes Mike yes Beth yes and myself also vote Yes to adren nice evening everyone thank you for coming thank you