The Fall River City Council Committee on Regulations met on April 6, 2026, with Chair Kadine presiding. The committee approved the minutes from its May 13, 2025 meeting. The main focus of the meeting involved two separate requests for curb cuts, both of which had work completed without the necessary permits by the same contractor, Kari Excavation. The first request, from J&M Development Group Corp. for a 12-foot curb removal at 215-219 Earl Street, was approved with the condition that a double permit fee be paid within 30 days. Josh Kabalo, representing J&M Development, explained that he believed the curb cut was already approved when he purchased the property and that he would pay the fee and seek reimbursement from the excavator. This item was referred to the full council for final approval.
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0:00Chair Kadine here. Pursuant to the open meeting law, any person may make an audio or video recording of this public meeting or may transmit the meeting through any medium.
0:09Attendees are therefore advised that such recordings or transmissions are being made, whether perceived or unpersceived by those present, and are deemed acknowledgeable and permissible.
0:18First item on the agenda is citizen input. Is there anybody that signed up?
0:24We'll move on to item number two. Uh approval of the minutes for the May 13, 2025 committee meeting.
0:30Motion to approve.
0:32Second discussion hearing none. All those in favor? I opposed. So voted.
0:36Motion carries.
0:37Item number three is in order J&M Development Group Corp. 263 Gford Road, Westport, Mass 02790.
0:46Removal of 12 feet on County Street of curbing for a total opening of 32 feet at 215 219 Earl Street uh was referred to the committee on March 24th, 2026.
1:01Is there are you here for that one? You want to come down anyway you like if you can just state your name and address for the record.
1:14All right. I'm Josh Kabalo, 263 Gifford Road Westport.
1:17Okay. Josh, can you just tell us a little bit about the issue before us?
1:21Um, so I'm the owner developer, so I'm contractor on it.
1:25Okay.
1:26Um, originally bought this off Victor Ogill's restaurant.
1:29They originally had came to plan department to get it subdivided. They got approved for three townhouse units.
1:35Got the house.
1:37Um, I bought it as already approved. Um my knowledge it was already everything was already done between curb cut approvals everything was approved. I bought it as a complete package as all approved. Okay. So we bought this early of the 25 um came pulled permits um built units had excavation pull permits back in April May beginning of May. Um he pulled permits sidewalks are ripped out. Dennis came by um looked all the
2:10sidewalks. There was a bunch of cracked sidewalks between property to property.
2:13So we were trying to make it all look nice. So we end up ripping 160 feet worth of all the curb. I mean all concrete of the sidewalk. Replaced all concrete. Um replaced it as Dennis came out to what he specs. We were the handicap ramps did everything that was supposed to be done.
2:30My knowledge this was all set. we're closing on it and then all of a sudden Dan's like, "Hey, there was no like there's no curb cut permits, so there was nothing on it, which was all new to us." Like we have a closing next week on the units.
2:43Mh.
2:43And this is just all new to me where I thought this was already all set and done.
2:47Okay.
2:47Um, so I I did talk to uh Mr. Haggiar with regards to what was before us and he did uh pretty much state exactly what you just stated. So this is a curb cut that was done after the fact with the permit.
2:58I know we've had some issues and you say Kari excavator excavation was the one that was supposed to pull it. Uh so he did say it was approved uh went through site uh site review at the planning board that was approved. So everything's there. I guess uh from my standpoint um as long as I madam clerk I know we we had uh a ruling from the regulations that you would just have to pay double
3:23the permit fee but I don't know if there's any fees in in ordinance with regards to what transpires after a curb cut is pulled that was a stipulation that was put on order by the committee okay that was okay so I guess I would I would support and I'd leave it up to you for discussion if you have anything. But I would support a motion to uh move this forward uh and
3:47approve the curb cut pending that either whatever the fine schedule is or uh double the permit fee be paid because it was work after after completion.
3:59Um yeah, no, I'm I'm I'm good with that.
4:02I know in the past we've done that when it hasn't been um applied for and received prior to the work being done.
4:09Um I guess in this case who would be obligated to for that?
4:15Uh so I I think it would be the gentleman before us but at the end of the day I think I would end up passing the cost to for I was going to say he's 100% paying for this. I will he does some other stuff and it's just one of things where this was that's what I was going to say. I was responsibility on this.
4:30The cost should be passed along to Yeah.
4:33the uh drain liners license but that's what I'll pay for and then get reimbured. I just wanted to make sure that I move forward and this is nothing being held up.
4:41Okay. With that, I'm sorry. So, you've got you've got to close next week, you said.
4:44Yeah.
4:45Um, which I know they're trying to um push for extension so that we would close the 24th.
4:53Yeah. Because our next meeting is the 14th. So, that's when the full council would be able to to take it and vote on it. So, the soonest we can get anything done would be the 14th.
5:01So, this is just pretty much just a pre preubmitted recommendation over to the full council.
5:06Okay. Yeah, I was going to wait for a motion.
5:12Oh, yeah. No. Um, I would make a motion to um for whatever that be, whether it be double the permit fee or whatever the case may be.
5:23Yeah. So, we'll So, double the permit fee um and then paid within 30 days, which you're going to pay right away and send it to the full council for approval. I'll second that. Discussion hearing none. All those in favor? I opposed. So vote. A motion carries.
5:39Thank you.
5:57Yeah.
6:01Okay. Item number four is an order for um I'm going to Tucker Duchons. Is that Dachon? Not Dachon. Okay, that makes sense. Realy LLC 88 Earl Street removal of 39 ft of curbing on Laurel Street for an open total opening of 82 feet of 25 Rhode Island A. Uh referred to the committee on March 24th, 2026. Again, uh very similar issue on property owner here. No.
6:31Uh I guess I would say uh given the fact that we just heard from the clerk that it was actually the same drain drain layers license who pulled the permit. Um I guess I would make a similar motion to the one that we just did on number three. But I'd also like to request uh that the clerk's office uh reach out to the to the uh city planner or engineer
6:54uh whichever job title we want to refer to him as and figure out what's going on with Corey excavation and their drain layers license seems to be a theme in terms of not pulling the permit when they're supposed to.
7:07Yeah. Well, that's basically was going to be my comment. Once is once, but this is two for two. Um if this is Yeah. If this is an um consistent theme, um I think there moving forward is going to have to be something more concrete and more severe than just paying double the permit because paying double the permit I think in these situations really isn't uh that much of a deterrent.
7:32Yeah. And and I would I don't disagree.
7:33I think if if you know paying the fine is not going to be a deterrent, then I think we need to stop questioning whether or not drain layer licenses are going to be suspended or um revoked. So entertain a motion.
7:45Yeah, I'll make a motion to uh that double the permit be paid and within 30 days within 30 days and moving uh sent to full counsel but moving forward uh to have those discussions on would you want to make a second motion to send a correspondence to city?
8:04Okay.
8:05So the motion was made by council Dian I'll second the motion discussion seeing none. All those in favor I I opposed. So voted motion carries and I'll make a second uh motion that we have that discussion um on how we're going to proceed in handling um people who just continue to uh violate the ordinance or the rules.
8:28Yeah. If we can have uh Mr. AA come down and just have a conversation about drain layers licenses in general.
8:37Yeah, we should.
8:38Okay. and just come down to have those discussions about uh the expectation of drain layer licenses and making sure that all the permits and ordinances are being f followed. I know when they get their license they sign off on knowledge of the ordinance. So so just to confirm the motion is to draft the resolution correct to invite the city engineer planner down. Okay.
8:58Motion was made seconded by myself.
9:00Discussion hearing none. All those in favor so voted.
9:04Motion carries.
9:06No business before us. Motion to adjurnn. Second. Yeah. A motion to adjurnn.
9:10Moved. Second. All those in favor? I.
9:12I.
9:12The committee on regulations is now adjourns.
9:42Hey hey hey.
9:57Hey, hey hey.