2.19.2026 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 5:30 p.m. on Thursday, February 19th, 2026.

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 present and in attendance that a video and audio recording of this meeting is being made by Fall River Government T uh TV, Mr.

Craig Salvador operating the board. If anyone desires to make a video, audio or com uh combined recording of this meeting, please notify me now so that I may make a public uh announcement of your intent.

Very good. Our recording secretary this evening is Courtney Pereira. We are not related. Sitting to my immediate right.

Present this evening are regular members Mr. John Frank who is our co-chair uh vice chairman James Caulkins our clerk uh and uh Ricky Sahadi. We also have two of our alternate members with us tonight. Mr. Eric Kelly and uh Alexis Ensalmo.

Also present this evening is a director of engineering and planning seated to my far left. Um, Mr. Daniel Aguiar.

Courtney, have all petitions to be considered been properly advertised and all interested parties notified in accordance with the rules and regulations of the ZBA and Mass General Law Chapter 4A is amended.

Yes.

Very good. I thereby declare the February 2026 regularly scheduled meeting of the zoning board of appeals of the city of Fall River open for such business as shall regularly come before it. I remind all persons presenting before the board including petitioners abutters anyone in favor or opp uh opposition to a petition that your presentations be confined and limited to three minutes. The board's

rules and regulations direct the board to specifically look for information that that supports the petitioner's claim. As such, the petitioner should clearly and factually support the basis for their claim. In the case of a variance, a credible hardship as defined by Mass General Law Chapter 4A must be presented. I remind all uh all present that the authority of the zoning board of appeals exists pursuant to mass

general law chapter 48 and is limited in scope dealing with the use of land as regulated in chapter 86 of the ordinances of the city of Fall River. We require that comments made during this hearing be limited in scope to the scope of our authority and also specifically to the petition that you may be speaking about.

Additional permits, licenses, reviews, andor approvals may be required for any of these uh petitions. The action taken by the board leaves uh may I'm sorry.

The action taken by the board has a real and lasting effect upon the title to your real estate. As such, I urge all petitioners to seek competent legal counsel before filing your petition and after the decision of the board has been made. A copy of the ordinance is available at the city clerk's office and from the planning department. I remind everyone that the building inspector is

the zoning enforcement authority and you are here because the building inspector has determined that your proposed action is contrary to the city of Fall River zoning ordinance. The city's charter section 9-18 mandates that all multimember bodies uh adopt rules and regulations uh and policies for public comment. We have adopted such a policy that provides for citizen input on zoning board specific [clears throat]

matters as a signup sheet uh outside the door on the table for anyone who may wish to speak during citizens input. I thereby declare the zoning board meeting open.

We have three items of old business to come before us. Item number 01, the applicant um is Robert Pelleigrini, Esquire, the owners of GZ Homes LLC.

Subject property is 57-63 KFAC Street, map M67, lot 63. The applicant is requesting a variance to allow the following. one to divide the property into two lots, leaving the existing one uh two family dwelling on one lot and constructing a new single family dwelling on lot two waving um lot size. U the property is located within a G general residential zoning district.

Good evening.

Good evening, Mr. Chair. Before we proceed, uh please just identify yourself for the record.

I'm Jose Perez. I'm the owner. I'm attorney Pellegrini. going to make it today. So, I'm subbing in.

Okay. Thank you, Mr. Chair. Before the board proceeds any further, I need to address a procedural matter on behalf of myself, the applicant. I have withdrawn the the variance application and entirely entirely prior to any vote or decision by the board. A written withdrawal was submitted by my attorney dated January 16th, 2026, the Friday after the hearing. Accordingly, we're requesting

Mr. Chairman, I move that we allow the petition to be withdrawn without prejudice.

We're good. Do we have a second? Second discussion. There being no discussion, John, yes.

Jim, yes.

Um, Ricky, yes.

And Eric, yes.

Very good. Thank you very much. We're all set.

Thank you guys.

Item number 02, old business. Applicant owner is Reposa Construction and Development LLC care of attorney Gregory Brilliant.

uh the uh east and south uh side of Rich Street map P22, lot 98. The applicant is requesting a variance to allow the following. One, to divide um the buildable single family lot into two lots, waving lot area, frontage, and sideyard setback requirements. The property is located in an S single family zoning district. This uh item was tabled at the January 15, 2026 hearing.

Good evening, Mr. Chairman, members of the board, Madame Clerk, for the record attorney Gregory Breen on behalf of the petition. Uh Mr. Mr. Chairman, um last time we were here, there was some discussion relative to me going door todoor um trying to speak to the neighbors.

Rather than do that, we had a neighborhood meeting on January 20, excuse me, 31st uh at the site. Um, and based on that, my client, um, because he wants to be a good neighbor and do the right thing by the city and the board, um, has, uh, instructed me to request a withdrawal of this particular position, uh, petition without prejudice.

Good. Thank you, councel. Again, [clears throat] I would accept a motion to withdraw without prejudice, Mr. Chairman. Acceptance.

Second motion and second. On the motion, John.

Yes. Jim, yes.

Ricky, yes.

Uh, Alexis, yes.

Very good.

Thank you, Mr. Chairman. Have a good night.

Thank you, too.

Next item of old business.

See, for those of you who are concerned, it clears out. It does.

Item number 03. The applicant is Follower of Auto Repair LLC. The owner, uh, Timothy L. Guerrero, trustee of the uh Driftway Farm State Trust. Uh this is presented care of Jeffrey Tolman.

Subject property is 35 Street, map L9, lot 78. The applicant is requesting a variance to allow the following.

to allow the stowing of towed vehicles to section 86 attachment 2.1. The property is located within an S single family zoning district and a General residential zoning district. This petition was tabled at the January 15th, 2026 meeting and I intend on moving forward with this. Um for the record, Jeff Tolman from Northeast Engineers and Consultants here on behalf of Auto Repair um LLC.

Um, based on the comments that we received at the last meeting, we did make some revisions to the plan. Um, as you can see, the uh the number of cars that are proposing to stow on the property has been reduced. Uh, I think originally we were proposing 50. Um, the revised plan shows a maximum of 36. Um, in addition, what we're going to do is we relocated where these cars would be

stowed. um so that they will be entirely on the existing uh asphalt that is on the site. The um we are [clears throat] proposing to take out a 10-ft strip of the existing asphalt along the western property boundary a budding where these cars would be stowed and we're going to plant 14 uh abites in that strip. The um the area to be stowed would be entirely fenced in with chain linking fence. We

are proposing a solid fence going around the perimeter of the property in addition to the trees that you uh see um abuing the stow area. The uh we we did leave the gravel area at the end of the uh north end of the property for maneuvering to get in and out of the uh stowed area. Uh that's all that would be used for. It's not going to be used to

uh store any of the vehicles that would be towed to the site. Uh so those are the changes that we made to the plan.

I'd be happy to take any uh questions that the board might have.

Uh thank you. Thank you for considering our concerns from the last meeting and please thank your uh your client as well.

Um the area around the storage for the 36 cars, that'll be a chain link fence around that.

Correct.

Okay. And then you're going to run a six foot solid PVC fence or something of that vinyl or wood. Um yes. Okay. Correct.

And that would be across the back side of the property or along the western uh boundary which would be go go from the existing building all the way to the northern property boundary and then along the northern property boundary um up to Bod Street.

Okay. [snorts] And the existing fence that runs across Bud Street would be removed uh to gain access to the back uh gravel area for maneuvering and getting cars into the stowed area. So the choice was just to block off that area with with arborite that the storage is going in not not going beyond that. For example, I know that just to the north side of the the building is where customers would park, etc.

And probably the the tow truck and that type of thing.

Um yeah, I'm not sure about the tow truck, but we did leave that pavement there that would be used for maneuvering of the uh to get in and out of the parking spots for the auto repair facility. Um so that's why we didn't propose any um any additional [clears throat] u screening in that location.

Okay.

Just to keep it open for maneuvering.

The fencing goes all the way.

The fencing goes all the way to the building. Correct.

Okay.

And that was the existing condition. um you know that that's more to do with the uh the use that was um that uh reinstated at at the uh when whenever it was back in November when we were in there for the uh special we're very well aware that when that business opened 40 plus years ago there was no s single family zoning district. So do you have any comment on this Dan? No, my

only concern would be is is what what is allowed to happen or to be parked down the maneuvering area. But other than that, so if you want to contemplate that it can be utilized for maneuvering but not for the storage of any vehicles.

Yeah, I would say unregistered tow trucks, anything else that that's would be my only concern because I would say probably limit that area to to registered vehicles. I mean I I don't know what their if customers have vehicles in for overnight service or multi-day service, do they normally leave them inside? particip I I just don't want to see, you know, I mean to if it's a towed vehicle, it

goes inside the the cage basically.

Correct.

Any other questions from the board?

No.

Comply with all requests that we got from last question for what? No, I'm I'm going.

Let's see how many people can move.

Is there anyone here wishing to speak in favor of this petition?

Is there anyone wishing to speak in opposition to this petition?

Okay. They're hearing none. I turn to the board. Mr. Chairman, I move that we grant the variant as requested.

You have a second on that, please.

Second. Any additions to that?

Just a caveat of what you mentioned earlier.

Mhm.

As a condition of only registered vehicles parked on the gravel area towed towed vehicles, all towed vehicles will be inside the chain link fence area and not stored outside of that area.

Obviously, they can transit through there if they're going to take them into the garage to work on them, but um that would be the only the only caveat discussion on the motion the hearing.

That is that is incorporated into the proposal.

All right. Accept the amendment.

Okay. Very good.

Thank you, Ricky.

All right. That being the case, um on the motion, Eric, yes. Ricky, yes.

Jim, yes.

Uh, John, yes.

Jim McCra, yes.

Thank you.

Thank you. Thank you, client.

On to new business. I have lost my sheet.

New business. Item number one, the applicant owners 365 Investments LLC care of attorney Mark L1. Subject property is 590 Anthony Street, Map D2, lot 24. The applicant is requesting a variance to allow the following. To construct a new single family home uh reducing uh side yard setback and lot coverage um requirements on a pre-existing lot council.

Good evening, Mr. Chairman, members of the board, madame clerk, and Mr.

Director. Uh, my name is attorney Mark L1 with law offices at 138 Rock Street for Massachusetts. I'm here representing 365 Investments LLC who is the present owner of the property now known as 590 Anthony Street for River Mass. Um, this area has had a history and also the lot has had a history as you might have seen in the variance application. Uh back in 1995, uh although this property had been

turned to an R8 area from a BL, a variance was granted by the then zoning board of appeals to allowed a commercial auto spray booth. And up until a few weeks ago, there was a large um metal steel metal building which was used as a commercial auto spray building. Uh my client purchaser took down the building as part of his anticipation to build a single family home because the property

is now isn't on an R8 zone and wasn't a BL. Uh my client uh is asking to reduce the side lot requirements on either side. I think it's about 4 ft and also the maximum coverage is about 6% difference. Uh, part of the reason is that the the lot in itself, although it's pre-existing, non-conforming, is a small lot. There's only a couple other lots in the entire district that are this small. All the others are pretty

much larger. If you look at the district, it's pretty much a uh finished district. There's not many uh vacant lots out here, and most of them were constructed uh prior to zoning. In fact, one of the reasons my client has the house situated where it is is is a little bit further back from centered is because the house to the west of east of him is only 5 ft off the boundary

line back when that house was built.

That's probably all they required. Uh the BL is 10. Uh the R8 is 15, which we now conform. Uh if you look at some of the other properties of this size, uh they don't have parking spaces at all on their property because their their house assumes the entire lot or is close to the frontage and doesn't have area on either side. Uh my client wants to provide the parking as required by the

zoning bylaws. So he would be putting that in the front of the property. uh in order [clears throat] to push the house back to give it a little room from its neighbor. Um he has made it a little wider than longer and which requires us to ask for the relief and to the lock coverage itself is to allow the parking spaces to be paved uh on the property. I think that's really about it. You're

going from an a commercial industrial use to a residential use in a residential area. There's only one other commercial use which is behind this house, but we have no control of that.

Okay, understood. What what is the um the proposed coverage percentage?

31 from 25. Okay.

It's really to make sure we can have the parking spaces with a paved area in front.

Okay. and that that paved area would would cover two vehicles.

I have no other questions on this. Turn to the board. Any questions on this petition?

Wish you take off your your glasses as a question.

Uh from the director, I have nothing. Seems reasonable. Um minimal relief. You may want to contemplate um no ADU condition.

Yeah. Other than that, no.

That's too tight a lot.

I don't think we we barely got enough to build a regular house.

You don't know what was Andy's.

Well, okay.

There's no problem with that.

You heard a tiny house?

That's true.

Um let's turn to uh the public assemble. Is there anyone here this evening that wishes to speak uh in support of this petition?

Anyone who wishes to speak in opposition hearing none. I turn to the board.

Mr. Chairman, I'll make a motion to grant with the council of no ADU.

Yes.

Second.

Okay. Motion and second discussion on the motion.

Okay.

We're hearing none. Um, John, yes.

Jim, yes.

Ricky, yes.

Alexis, yes.

Okay. And Chairman Furry, yes. Very good.

Thank you very much. Have a great night.

Council, you too.

I think this will be an approvement to the spot.

All right. New business item number two, the applicant owner. And I this is probably written wrong. I'm going to read it as it came in. Fall River Roman Catholic Bishop of Holy Name Church. I know he's bishop on much more than that.

Um uh this is care of Matthew J. Viana um professional engineer. Subject property is 709 Handover Street, map 03 lot 6.

The applicant is requesting a special permit to allow the following. one to construct 70 parking spaces waving lot coverage requirements. Property is located in an S single family building district.

Good evening. My name is Father Riley Williams. I am pastor of Fully Named Church, 709 Handover Street, Fall River, Massachusetts.

You know, members of the board, thank you for making the time to hear our petition. When I was imagining as a seminarian what what the things I would do when I became a priest, building a parking lot was never one of them.

However, the need for this parking lot has become increasingly clear to me during the 5 years that I have spent at Holy Name. First, what is the necessity for this project? In 1941, when the church was built, most of the neighborhood were single family dwellings. You know, the people were able to park their cars on their own lots. Since then, we know the need for additional housing in the city. So as a

result, the single family houses now often have multiple units in them. More and more people are parking on the street. So a parking situation that worked very well 85 years ago no longer suffices to allow the people who come to our church to park anywhere near the church. Sometimes they have to park several blocks away and then walk into mass. And so, you know, I'm not complaining that there are more people

living on the street. Now again, there's a clear need for that, but we know how math works. you change one variable and all the others need to change as well.

And so again, this is a need that's been recognized by both our parish council and our finance council. We have discussed it with them. We presented the plans to the parish back in mid- November and to be able to receive feedback and it's been a recognized need and people have reflected that back to me in their own comments. The second point, sustainability. So, this isn't just about a parish's needs, but also

thinking about the long-term sustainability of a community that offers so much to the city. From a purely secular point of view, the moral formation given to the young and the support given to those in need is a reason to support the future health of our parish community. And then finally, safety. As our parishioners need to park further and further from the church, it means they have to cross more and more

streets to get to mass. You know, this has been an especially acute realization over the last few weeks when the amount of snow on the streets has meant people have to park so far away often times they've said they don't even bother coming. They go to another church. Many parishioners have to park on the other side of President Dav, you know, living right on President Dav. And if you ever

know the area, all the accidents out there, and I do think of that, the number of people that have to park away from the church, including elderly and people with young children who then have to cross Route 6 on the way to church in the morning. And so the plan we presented reflects a lot of thought put in by parishioners and engineers to strike the right balance between providing a certain amount of parking as

well as preserving as much of the green space as possible.

We've worked with the city to update the plans. I like to thank Mr. Aguar and the planning office for offering some great suggestions because again no one wakes up in the morning and says, "Boy, I'd love to build a parking lot." Rather again, this reflects the clearly realized needs of the parish. We want to do all that we can to minimize the impact to the neighborhood, including putting up some fencing and including

additional plantings. We're zone 7A, so we know about that to put the right plants in the right place. And so that's based on my introduction. So again, thinking about this in terms of the necessity, the sustainability of the parish community and the safety for our parishioners and residents of the city.

And so for the real details, I'll turn to Matt.

Good evening, Mr. Chair, members of the board. Um, my name is Matthew Vienna, uh, V I N A. I am a registered professional engineer in the state of Massachusetts, and I'm employed at Milstone LLC. We are the engineers of record for the project. Our address is 250 Centerville Road in Warwick, Rhode Island. Okay. Um, as Father Riley just explained, we're here tonight for [clears throat] um, relief from the

impervious coverage requirement that is part of the zoning that we are in, the single family zone. Um, the property in its current state um, is just over an acre and a half, about 70,000 square ft. Uh it runs along three public streets. Uh Madison Street to its east, President B to the north, and Hanover Street to the west. Um to the south we have two residential abutters.

Um, so as as we looked at the parking requirements and the ability to provide parking as as Father Riley explained the need for it, um it was pretty clear upon uh review of the plan and of the property that there were two areas that access and parking worked. Um obviously uh along Madison a I'm sorry Madison Street uh on the uh east side of the property that area was certainly viable

to to gain access to provide a traditional parking lot. Um what we also found when we looked at that parking lot and the size that we could get, we got about 35 spaces out of a traditional parking area in that. Um now that parking lot uh [clears throat] will provide access as well to the new garage. There's an existing garage on the property that's uh it's been dated and aging and they're going to replace

that garage. So, the existing garage will be raised and a new garage will be be built closer to the rectory. Um so, this parking lot along Madison will provide access not only to the parking back there, but also to the garage, the new garage. Um with 35 spaces provided there, that was a good start. Um what we also recognized was that if we ran um another type of parking um stacked

parking um between Madison and Handover Street uh on the south side of the church itself um we could gain um almost the same number of parking spaces as the parking lot provided. Uh and this is a little different. These are parking spaces that are stacked cars, one behind another all the way from from start from the start of it at handover to the to the the end of it at Madison. Uh you see

this in in funeral homes and in in churches where you don't have a lot of room for parking, but you're trying to provide uh as much as you can in that short period of time where services uh that are provided by the facility [clears throat] are happening. So um we provided this concept and and we [clears throat] all felt that this was a good use of the space. It was providing a significant number of parking spaces

on site um in save you know addressing the concerns that the the the congregation had brought forward. Um so we've gone with this concept and designed this project from there. our access. Um we would love to have had a one-way traffic um coming in uh and coming out with two access points uh on Madison, but due to the the beautiful granite wall that exists on the north side of the uh the north end of the

property along the Madison Street side of the property, um we just couldn't gain any access along that stretch. So, we have one entrance coming in off of Madison Street and it will provide access to both parking areas and then the way we designed this the the stacked parking um on the south side of the church, we have another access point to exit onto handover. Um what we were able

to do with those curb cuts is there was an existing um curb cut behind the church that wasn't used very much, but it existed. Um, what we were able to do was reconfigure the the length of curb cuts that we did have on the property.

Um, and reconfigure it to be used at the two ends of the stacked parking. So, we were not asking for any new curb cut lengths. We we we were able to use the amount of curb cut we had on site for the new access. So, we didn't have to I believe you have to go to the city council to ask for more um additional curb cut. So, we're glad we could make

that work. Um, what came with designing the parking lot and this the paved uh space that we have is there's a storm water uh runoff impact. Uh, we certainly had to address that as part of our site plan review and [clears throat] our drainage design. So, what we designed was um a facility that captures 100% of the runoff that lands on any of our new um imperous surfaces um from the garage

um to the parking areas to the stacked parking. Um we were able to collect all of our runoff um bring it and collect it to uh a facility we've designed along the back of the church under the parking lot along uh Madison Street. We have a sediment foray where the initial storm water is collected and sediments are settled out. And then we have an underground storage system. Um, and we

were fortunate to have uh good soils here at the back of the church at the top of the hill here. And uh we're able to infiltrate um our storm water as part of our um our management system to mitigate all the impacts that a storm water facility [clears throat] um can do. uh this the parking area um generates runoff obviously at higher rates and volumes than the landscape that was here before but the facility

we've designed has been done so to collect that to [snorts] treat that and to mitigate those impacts. Uh so there should be no negative impacts to the surroundings or the city infrastructure based on uh the facility that's been designed.

Have you already been through site plan review? We've gone through cyper line review. I believe this permit is this this element of uh the application is the last piece.

That's a nice switch. I like being the last piece instead of hanging out in the front. [clears throat] Um does that wrap your your presentation?

Um just quickly as Father Riley mentioned um our original design um was a version before this. We this week uh I'm sorry, last week we were contacted by the planning department.

They informed us that there were some comments that were being discussed and some concerns. Uh we went in, we met with the planning department. Uh we we had some suggestions from them. We came back and talked about them as as a design team and we made a modified plan which was submitted which is what is you tonight. We've we've added um islands.

Yeah, we've added several elements to the the project to try to accommodate the concerns we were that were raised.

Uh we've added two landscape islands uh along that parking lot on on the Madison uh street side. Uh so we can have two new trees be planted in those islands um on that, you know, on the back side of the church where there there used to be uh a a couple of trees in that area.

We've also provided uh a a six-foot PVC fence along that same stretch because because of the stormwater facility in that uh stretch behind the church itself um we don't have enough room to make a planting line on that. But we can put a new um PVC white fence 6 foot to screen those parking spaces to screen the cars from the residents on Madison to screen the headlights that might be there if

they're parking um at night. Um what we did north of that section where the granite wall begins and runs north to President Avenue. Uh we have um a landscape space there. There's uh the parking lot is about 10 is 10 ft from the property line, but there's a twoft granite wall. So we have an 8ft landscape space there. Um we plan to uh plant an evergreen screen um all along that entire Madison um street side. Uh

mixing in some native trees along that as well. carry that around to the north side of the parking lot to screen the president's a president a um residents from the parking lot as well. And then we're adding some trees, native trees behind the new parking uh I mean the new proposed garage on that north side as well. So the Madison's side and the president's side were adding plantings

and trees to try to soften that view and impact. Um we're also going to carry that white PVC fence. um all the way to our south property line on Madison and then all along the south property line back to Handover Street. That came out of a suggestion and a conversation with one of the neighbors to the south of us.

Um and then we've got um additional trees planted on the south side of our new stacked parking as well to help soften that view. Um, so I I think we've we've heard the concerns um and are more than willing to to make accommodations to try and accommodate those concerns.

I I thank you for this revised plan. I I I was kind of shocked with the original plan to be honest with you. Um and luckily site plan review caught that and uh and you've made some revisions which is good. Let me ask you [cough] this.

the and and I think there was an understanding among a couple of folks here at government center that the stack parking was really only going to be used for funerals and that type of thing. Is that a misunderstanding?

Is the intent to use that as stack parking?

So the intent would be for both funerals but also for normal Sunday services.

That's it'll be four times a weekend and it would be people coming in and leaving and so four times a weekend and then for funerals would be really the only time it would need to be needed.

All right. Um I got I got to think on that. I always I always have the Catholic Daytona 500 start thing in my mind when I see the the stack parking like that. Um I'm going to turn it Actually, I'm going to turn that.

Pardon?

I said I'll start with that first just because you raised a question with it.

Um, so we don't allow stack parking for designated parking spaces.

The the way that the plan was presented, that's a drive aisle and that during funeral time, that's how funerals work.

They either line up on the street or they can line up on on the property just like at a funeral home. You do have the ability to put designated parking spaces on the northerly lane and those could be striped as normal parking spaces, but you can only have a parking space if you have an aisle to access those parking spaces.

So that's to use those as designated parking spaces when whenever you choose them to other than a funeral, a short-term thing would would be a difficulty. um they would have to be shown as parking spaces and if they were shown as real parking spaces then they would need the required by zoning aisle to access them.

That's why we would need a 22ft aisle or 18 in one directional traffic to provide parallel parking. So there is room for one lane of dedicated spaces closest to the building and the sidewalk or whichever whichever one you decided to make the designated lane. Um, [snorts] but for standard striped parking spaces, that would not meet the requirement because that's shown now as as drive lanes, not as a parking space.

So that's why I think there was some confusion in the application of how many parking spaces were actually being constructed.

35 parking spaces are being constructed.

The rest of it is a drive aisle.

Um, so the board could only act on what's before it and and what's been denied, which is lot coverage. So [clears throat] they couldn't allow these to be utilized as real parking spaces without a driveby unless you came and asked for different relief.

Mhm.

And I think that's why the chairman asked that question.

Yeah.

Yep. Exactly.

Thank you.

So I think we've got room for 1 2 3 4 5 looks like 12 or so if you went to the southernly line [cough] maybe 14 designated spaces if you strike those out and left the two northerly lates. You can you can you can choose how that works.

What's before the board tonight is strictly lot coverage. Okay.

Not size of spaces, location of spaces, but through site plan review. If those are to be designated spaces, I'm going to tell you you need to come back here again. Sure. So, we're hoping that that's that's not the case and we'll strike them out in accordance [snorts] with the zoning bylaw.

So, I think it's important for everybody to understand the only relief being requested tonight is for lot coverage.

Yep. Uh when I discussed this with um with with Matt, the discussion was if you use porous asphalt or porous pavers, you don't need to appear before the zoning board of appeals. When we went through this with the site plan review process, storm water runoff and mitigation was at the forefront of the design and they did an incredible job providing the appropriate information and the appropriate drainage systems to

accommodate that. So site plan review is literally at its end with the pending comment. You either have to commit to porous asphalt or go get zoning relief.

So that's what triggered coming before the zoning board of appeals asking for that relief from 30% lot coverage to 57%. Um which has been mitigated stormwater wise but zoning doesn't acknowledge mitigation. It's just flat out impervious cover. So they do have to come here and seek that relief. During the discussion and during the application, we received um a few comments regarding trees being cut down,

screening. They would get to look at an open space or screens that's not before the zoning board of appeals. However, I did address this with with the firm and said really if you can provide some screening that should address the concerns, although those concerns shouldn't even be listened to in the scope of the relief that's being requested. If there's if there are comments regarding

lot coverage and drainage, that's what's before the board, not you cut down trees, you're not putting any trees back. The site is in compliance zoning wise when it comes to those items. This is just lot coverage. So I I applaud the applicant for okay, we can either spend the money on porous asphalt or we can provide it to provide or we can spend it on providing screening to provide the neighbors a level of

protection that that they decided to do.

Um because it could have just been we're going to withdraw, we're going to use porous asphalt and nobody gets a tree, nobody gets a fence. So I thank them for taking this approach because I think it just makes a better environment [clears throat] for the church property as well. Mhm.

And I would say not as an engineer but with experiencing construction, the porous asphalt never gives you the same type of mitigation as absolutely you are 100% correct.

However, the building department determines that porous the use of porous asphalt whether or not long-term it actually works or not isn't considered impervious. So they don't count it towards lot coverage. So um that's really all I have to offer.

So Dan on [clears throat] fire.

Yep. Um so why is special permit then?

So existing lot coverage is 25%. Uh sorry allowed lock coverage is 25%.

Existing lot coverage pre-existing non-conforming is 30%.

So when you are expanding or extending an existing nonconformity that's a special permit. If they were at 24.9% lot coverage now and even wanted to go to 31%.

they would need a variance. Two different levels of it's because they already exceed it that it's a special permit because it's extending a nonconformity, not creating a nonconformity. Two different So, I guess my ambiguity here is that what's before us is the uh request to construct 70 parking places. And you're saying what's before us is just the lot coverage, right? So, they're not asking for relief

to build 70 parking spaces. They're asking for relief to pave this amount of land area. That's what's before you.

The 70 spaces remove 70 spaces triggers the need to put that much pavement down is only informative for us saying we're going to build 70 parking spaces.

That's where the ambiguity came in.

Okay.

They they need no relief with regards to how many spaces they need to provide because they have none now.

Okay.

Thank you.

Yeah.

Any other questions from the board?

How can we correct the sideyard with the three spa the three three lanes?

So it it can be conditioned that designated parking you can decide tonight on either on either side which side you want north or south to be park.

You want the south side.

You would want the south side.

So that'll give you 10 or 11ish. You get more parking. So the southernly lane would be designated stripe spaces. The other two lanes would be used for egress. And whether you choose to make it one way, two-way really doesn't matter before.

We're not dealing with parking spaces.

We're really only dealing with log coverage.

I don't see a dimension, but are you going to have an 18 18 ft for the a lane there to do that?

They were all each 9 ft. Yeah, they were all nine. Okay.

Okay.

That's what we come down to.

All right. and those types of issues get would be. So like if if they had shown on site plan review that there were going to be parking spaces there then I would have advised them that they needed additional relief.

So what was shown just a paved driveway? Yeah, just driveway. So you can see striped spaces in the [clears throat] parking lot. No striped spaces anywhere else. There are arrows.

So to me that's a driveway.

Yeah.

Um so put Yep. It's it still it still goes back to site plan review to complete site plan review.

Right. But if we put a cat max number on striped parking spaces be 35 and I'm guessing but then that would eliminate the stack parking on well the stack I stack parking during funerals. I really don't think there's there's an issue with that. But shortterm designated parking spaces. Yes. So, so during mass or during business hours, there shouldn't be vehicles parked in those two lanes because when when

someone does want to leave the parking space in the back and they want to get to handover street at regular mass, they can't get to handover street if you go if you have vehicles parked there. So, there has to be an an aisle that goes through there. Minimum width of 18 ft.

Again, the board the the scope before the board is lot coverage, not parking configuration, not setbacks, not landscaping. So, the the request needs to be narrow.

Yeah, we can still make a note to absolutely site plan and that could be addressed at site plan. Correct.

That's a perview. We can flag it.

Right. So, we're adding a total of 17 it looks like trees.

All the trees shown on this plan will be incorporated onto site plan with caliber and size.

Yep. And that's again not us. So y again all the screening and landscaping just I'm throwing it out there for the audience.

It's just it's just to just to appease neighbors.

Can't see that on the plan. There's 17 trees being added.

Well the 17 is you got to count all the operations too.

Yeah.

So there are many more than 17 trees.

All right. Nothing else from the board at this point. Before I turn this to before I turn to questions or comments from the general public, I know that there has been a lot of interest in this. I know that not everyone who is here has probably even seen the plans at this point.

That's why they're up both this conceptual as well as the the line drawings themselves. So you have a better idea of it. I ask this if someone who speaks before you makes a point that you were going to make, there's no reason for you not to identify yourself, but don't remake the point, please. All right, let's let's just keep it. You know, saying the same thing over and over again really doesn't

really bring it home. But I want everyone who's turned out to speak to be able to speak. If we can do that, it'd be greatly appreciated by us. and certainly by everybody that's following following this this uh situation tonight. Is there anyone here in the general public who wishes to speak in favor of this petition? Raise your hand.

Yes.

You ready to go up?

Uh yeah, you can stand up. Identify yourself and your address, please.

Sure. So, my name is Dorothy Mahoney Pacho. My address is 1547 Highland Avenue, Fall River.

So, I am a familiar face to many people in the room. I actually work for the parish. I'm the director of religious ed. Um, and for many, I was a conduit for their children, some of you on the board, to receive their sacraments or come through our school. Um, so I just have a couple of points to make and truthfully, they may be more points for those who are around our area who have

concerns with regards to the parking lot. Um, so the first being we are in in an essence mimicking some of what we see in other parishes. This isn't a novel, we've never seen this before, um, operation. St. Joe's is a really good example. And one point to make is the green space that we are providing. Um, if you drive down the street to St.

Joe's is much less than um, what you're going to see here in this plan. Uh the second point would be we're taking into account neighbor input. Um if you drive by during any masses, I truly don't know how neighbors access or get in and out of their houses. Um we actually had a parishioner who had a neighbor come out just last weekend and they were I raped because they were parking in their

parking spot that they had a bench in because of the snowstorm. Um, so just an example there. The other example to give and I think something that's come up very often is, well, is Holy Name going to be around in 10 years, in 20 years?

And obviously we have an elderly population to whom the parking lot could greatly benefit. Um, but as someone who works for the parish, we have a population that continues to grow as opposed to continues to diminish specifically because so many other parishes are closing. Um, and we're becoming the melting pot for them. Um, and then the last point I would make, and I think it's an imperative point to

note maybe on a further level, is we have a garage, a threestall garage that's on Madison Street. um that notoriously is being parked in front of.

Now, I know that that's not necessarily something that as a parish entity we should need to monitor on our own. Um but it is something that many parishioners hear us come in front of them and say, "Who's parked in front of the garage today? You need to go out and move your car. There is a sick call at the hospital." Um, so again, not something that I feel we should necessarily be needing to monitor, but

something that on a weekly basis um is coming up. So the need is there, but I also want to recognize that we know there are concerns and the concerns are something we're trying to take into account.

Great. Thank you very much. Anyone else wishing to speak in support?

Yes, in the back. Hi, Nancy Liry. Other on Madison Street, I just want to say that I think the snowstorms we've just had really highlight our need for a parking lot. Um, it's been really difficult to park in this weather and it's even difficult to park without the piles of snow. I've parked in Madison Street to enter the church from the back and neighbor a neighbor across the street came out and screamed at me even

though I was parked on the church side.

And a friend of mine uh mentioned the other day that the same thing happened to her. So, nobody wants to take anybody's parking space, but um they're street spaces and we should be able to use them, too. This will alleviate a great deal of that problem.

So, thank you.

Okay. Very good. I don't think anyone outside of New England really understands our love of our parking spaces.

Nobody.

Okay. Anyone else [snorts] uh wishing to speak in favor?

Sir. Yes.

I I I look at just just need your name and address, sir, for the record.

Okay. My name is Edward Alros. The last name is spelled A L F E R O S Alfro.

I've been a member of the church over 20 years. And I've been looking at that drawing on what you call it. I noticed It looks like the entrance and exit is going to be in back of the church which is a oneway street running from New Befford to route six.

If that's true, when people leave there, they would head northward that the red light one street over I think it's called and when the car stopped there, they actually blocked that road.

Mhm.

Now, I've been looking around the church.

I don't know how long and I've been noticing [clears throat] that most of the people who are going there maybe because I'm at a certain mass but I have been to other masses that are elderly.

I also noticed that there was a group of individuals of my nationality which is South Pacific Islands.

They all disappeared. There may be a very small group up to I'd say 24 25.

And apparently they believed that you were going to approve of this project because there was two oak trees, nut trees. I don't know exactly what, but they were big nuts. They took them down.

Okay. I I I'm just going to stop you because this is we have nothing to do with the trees. If you own a piece of property and you want to cut down every tree on it, you have the right to do so.

[clears throat] And the traffic situation also does not fall under the purview of this board.

Okay, I agree with you. But I also know it's not drawn there. It looks like the exit is going to be back of the church where the use where the garage is now.

The comment.

I don't I I He's correct.

Only thing I can see is if the different churches close like St. Bernins, what do they do?

Did they come to our church or doesn't look like And when I go to a certain mass like the 4:00 on Saturday, I tried to be at the church at 3 because in front of that church there's no place to park. It's already taken.

And I would like to know what the parking lot's going to be made of.

Tar cement and is it going to have drainage there?

Uh it will be asphalt and yes it will have drainage.

He had spoken about the drainage during his his presentation that was mandated and and done in conjunction with uh site plan review which is another step in the process of getting yeah approvals and they've already been through site plan review that function is waiting for decision from us um before they can conclude.

That's all I got to say.

Okay. So, it's asphalt surface for the parking, concrete sidewalks, and there's drainage to accommodate the increase in lockup.

Great. Thank you, sir. Anyone else wishing to speak in favor?

See? No other hands up. Is there anyone wishing to speak in opposition?

Yes, sir.

My name is Paul Mashado. I reside at 181 Madison Street. I'm vehemently against this proposal. I feel it's going to completely change the dynamic of a residential neighborhood. The church has been there, has fit in, has been a good neighbor. Um, but the the uh the neighborhood has been there well before the church. Uh, my house was established in 1912. I've had over a 30-year history

there. Yes, I understand during mass parking is an issue. Um, it's up to the city and the church to police it. You want to solve the budget, send cruisers around, overhanging driveways, overhanging curbs, blocking hydrants.

It's simple. In front of the garage, that's the church issue, right? Um, yes, people have to walk to church.

That's okay because as of now, whatever issues there are are minimal and everything is dispersed.

Congregate all these cars in here. We're going to have increased emission, increased noise, increased uh traffic congestion, all blowing out onto two streets that are not designed for that traffic four times a weekend.

Oh well, there's also high holy days.

There's also nightly mass. There's also special mass. There's funerals.

That's changing the dynamic in the neighborhood. And again, I'm reiterating. As of now, everything is dispersed. And if people have to walk in, oh, the snow banks, it's making it difficult. Well, it's the city.

Everywhere in this city, school children are walking to school, going extra blocks. People are parking. It's New England. That's the way it is. This to me changes completely the dynamic of the neighborhood. And I'm glad the church seems that it's secure and it's going to stay there. However, if the reality sets in and it's gone, the neighborhood is stuck with a giant tarmac in an empty

building that's not conducive to a residential neighborhood. Thank you very much.

Thank you, sir. [clears throat] Anyone else wishing to speak in opposition?

Sir, so first of all, my name is Dan Commtock. I live at 78 Pier Street. I love my church. It's wonderful church, but I have similar concerns. You have a dedicated parking lot that's going to be there now. It's going to be a heat sink.

It's going to be a place people congregate after church hours. There are multiple masses. Lots of traffic that'll go through there where right now we have that green space as a buffer to help the houses. That south side in particular, there are three houses there. Basically, two houses are budding and one to the back as well as my house. So, we have all that sound pollution, emissions pollution. We're going to get

we're going to get the light pollution where they have put all the lighting in to light that space. So, we've learned to manage and deal with the different activities that the church has, which we understand, but it's going to increase different challenges for the people that actually live in that neighborhood. This hasn't been factored in. And back in 2020, there was a similar request

actually for a smaller parking lot to be on 190 Madison Street. And they requested an eight car parking lot and to expand the house. the board back then uh which I agree with obviously they denied it because of the impact to the community at that point in time. So imagine a 70 plus car parking lot and its impact to the community I live in and my neighbors that are here that live

in. I feel that the church has an opportunity where they could do a shuttle service from the school to provide parking at that lot and shuttle vehicles or parishioners up in that manner and then that way you get that uh relief of parking and as my neighbor indicated that you know we have learned to deal with the parking challenges of not having parking when we come back. We plan it better as being neighbors to the

church. So, um, and I would say is that green space has been a place of peacefulness and relaxation for the community and I believe the parishioners as well, but by putting this parking lot in, you're kind of taking part of the soul away from the church as well because it is a peaceful place for reflection.

So, thank you.

Okay. Thank you, Mr. Chairman.

Yes.

Could I [clears throat] could I just reemphasize that um these concerns that we're hearing this evening, they may be legitimate or not. However, um once again, I'd like to re-emphasize as the chairman did the narrowness of the purview of this board. Um so far, what I'm hearing is none of these concerns fall within the purview of the board.

Could you reiterate, Dan?

You're correct. The very narrow scope is we always say it is our orange book, right? And the only provision of this book that needs relief is lock coverage.

An increase of 20% 27.

That's the only thing before the board.

That's the only thing.

I mean, these concerns may be legitimate ones, but they're not within the purview of the board.

So, what about the surface area on that south side? Is that in the purview of the board?

So, that's a concern. That southside surface.

It doesn't matter where it is.

Yeah.

They could put it all up into one corner or all down along the subly property line. It's just square footage.

Sure.

Over the land area. That that that's the scope of what's before this board. I guess the cons the overall concern though is that would any of you in this room want to live next to a 70 car parking lot? I know you're talking about service, but please put that in context when you're thinking about this because we actually live in this community.

We're not allowed to put it in context.

That's not that's not before us. No, that's not before us.

So, we have to we have to look at each and every one of these applications in and of itself. Somebody could say can walk in and say, "Well, you you gave this relief exactly like this two months ago." And it's not exactly like it.

They're they're all different. And that's the point we have to come from.

And as you know, as you know, Dan just said, you know, within within the four corners of our orange book, you know, is really where we have to go.

How about since it's a single family zoned area is that church use is exempt from zoning?

church. Um, but we're not exempt from that.

No, because because you're a resident state, it's not exempt from whatever they're going to do with that property, but it impacts.

No, but state law, there are exempt uses from zoning. Churches are one of them.

Schools are another one, group homes are another one. Um, any type of medical facility where there's an educational component to it, like a star or something like that. So, the use is not up for discussion here. It's strictly with how much land are you allowed to cover with asphalt and there are ways or a building or a building that's considered impervious cover a sidewalk.

So you asphalted and then the next stage is figuring out parking.

That's I'm just trying to figure out.

No, they're they're showing parking.

The need for parking is what's triggering the need for increase in lot coverage. They can build this parking lot with a type of asphalt that allows water to drain through it called forest asphalt. That is not considered impervious. And if they chose that type of asphalt, they wouldn't be be before this board. It would have ended a site plan review. They'd already be in construction. During site plan review,

we had the discussion. You have two options. Use porous asphalt or regular asphalt. spend all of the money on the drainage design because a lot of the drainage design and infiltration goes away now when it's porous asphalt. So they've spent money to accommodate or mitigate the increase in runoff. All that's done before they come here so that they can be able to say yes we understand there's an increase but we

mitigated that increase for drainage concerns. We've also mitigated although we don't need to screening. So all of the screening and all the plantings and everything that are proposed here tonight, they it doesn't need to be there. Does not need to be. They're trying to address the because they heard no concerns about blockage from anybody.

Their concerns were about cutting down trees and what they need to look at. So they've addressed concerns. If there was a concern about drainage, then there would be a need to look more closely at drainage, but that's already been done through site plan review.

Anyone else wishing to speak in opposition?

We have some letters.

Yes.

I heard what you all just said. I appreciate um the clarification. I do have a question. Um in the code section 86444 B1 and two there are very if I can.

Yes.

I know we all know you.

Oh, I'm sorry.

We can please identify yourself and your address. from PM Liberty, 225 Madison Street. I live directly across from the back of the church.

Thank you.

Um, so my question would be there's very specific code for parking lots over 25 spaces on what they need for landscaping and setbacks.

Correct.

So who who monitors that?

On paper, it gets approved through my office and the building department. So they're not asking for relief for any of the requirements for parking set back.

They need they needed a 10-ft set back.

It can be less than it can be five if they proposed fencing and plantings. So they're meeting the 10 and they're still giving screens. So they far exceeded the screening requirement. The landscaping requirement for the amount of spaces being provided is exceeded with the remaining open space.

And then who would we speak to about the traffic mitigation?

That's not before this board.

I understand. Who would you speak to?

At what point? So when it happens, no, that would be the traffic department.

So Madison Street is a very small oneway street. All as my neighbor said, right now all the parking is dispersed through the neighborhood. This is going to send all of the cars down a tiny oneway street.

Nope. Because there's there's two drivers that go out to handover as well.

The entrance was only Madison, right? You just said exit. You said they're going to be exiting out onto Madison.

Enter.

They're going to all enter in from Madison. Correct. Correct. And then they're going to exit on Madison too. So they can choose to make an entrance off of handover if they choose to. That's not before this board.

So I guess my question again is we go to see the traffic board. Is this going in front of traffic?

You can only go to the traffic board if if it ever became an issue because right now after the fact we have to wait because right now they have a curb opening that they're actually making smaller.

That would be the jurisdiction.

The 15t curb opening on this plan does not exist.

There is not a curve opening there.

There's not a not a driveway.

Nope. There's nothing.

There's not a breaking curb where the sidewalk is that comes out. There certainly is.

And it's being closed. It's right where their walkway is.

It comes out to the sidewalk and then there's a curb break where there's a ramp.

That's when you're being It's on the engineering drawing. I've seen it myself. But in any event, the the very large opening in front of the garage now is being closed from the southern end. I think it moves up more.

Correct. to create even more street parking. So, as far as lot coverage just which is what you're voting on y um it's a shame because this does impact all of our neighbors and there's really not place for us to go apparently to have our concerns heard but just so you all have a visual of how much this really is I counted the spaces that spin the length of Shell parking lot.

They have 27 28 spots across. This is 23 spots across. None of us want to move across parking lot. This is unclear to the neighbors.

Thank you. Anyone else wishing to speak in opposition?

Yes, sir.

My name is Elliot Donovan. I'm actually F's next door neighbor. I reside and own the home at 237 Madison Street.

All right. From what I'm understanding, from what you're saying, all that matters is how much you're going to allow in terms of pocket.

Not lock up.

Just block up.

So why were we not informed in terms of input in terms of planning planning board?

No, nothing site plan site plan review.

Is that correct?

So why were we not informed about that taking place?

It's not it's not part of the requirement for it's not required.

No. No. No public hearings.

My home was built in 1900. So was Pam and so was my next door neighbor. Many of our homes were built when they were horse and buggy.

All right. You're getting ready to allow an asphalt parking lot. Now we've been very very patient and we love the church and we love we we've been patient with the parking. Many time people block our driveway but we understand because we value the church.

This is going to alter this historic Highland [snorts] neighborhood drastically.

If you look at all of the homes that are in this area, they're 1900 or older and you want to put in something that would belong in any other neighborhood in Fall River, but you want to do that in a historic neighborhood. It doesn't fit. It doesn't belong.

So I ask you to consider you're using language here and terminology many of us lay people do not understand.

I know you have your orange book where you have to follow your rules and your regulations, [clears throat] your purview as you call it. When all of you make your decision and most people go home, we live in the homes that are there. We have nowhere else we can go.

It's also going to low lower the value of our property.

Putting asphalt across from our homes is going to lower the value of our homes.

There's no two ifands or buts about that.

Again, I just took I just partook in a christristening last Sunday in the church with Father Riley. Right. We love the church, but we think this is farreaching. It's over it's overbearing.

far is beyond for that neighborhood what should be allowed. So I wish you say that because they're a church and they don't have to follow the same rules that everybody else. We respect that. We wish there was more allowed in terms of screening.

Okay. if I can. The point is that the use putting a church if somebody came down the street [snorts] and and it could be any recognized church, any church that's that's legal, they could put up a church virtually in any zoning district. They could open a church.

That's what we're talking about. The use 1941 when this beautiful structure was built, there was no zoning. It didn't exist. I actually had a conversation with the father last Sunday about when it was built. It was around the time that Pearl Harbor happened. I think it was actually like the 7th of December 1941. I think he said it was right within that same time period that actually happened.

Pearl Harbor 1941, December 7th. All right. My point is is this.

The impact in the neighborhood is going to be severe.

And I'm I I have deep history. We talk about the winter with the snow. We haven't seen that in what? We've had warm winters every winter. This is relatively unusual. Climate change, the snow that we had this winter is very unusual in the last few years.

And and have you as a neighbor immediately adjacent to this, have you had a problem with with parking? No, we park in our driveway and we try to leave room for the parishioners because again we love the church. We respect people's right to worship. [snorts] And so we've tried to be very patient with that and we and we love that and we do everything we can to try to be patient even when people block our

driveway. We try to be patient with that, my wife and I.

So that's pretty much my concern.

And again, this is a deeply historical neighborhood. A lot of the homes are 1900 and older.

And this is not the place for a 70 car parking lot. Not an historic Highlands neighborhood.

Great. Thank you.

Thank you so much.

Thank you. Anyone else wishing to speak up? Yes.

I'm at 197 Madison and I've been there and and your name, please?

Milan Roa.

Okay. Thank you.

And I've been there since 1999. both as a resident and authority. Uh as a matter of fact, my children even served um were also served and we have seen at least four priests come and go and we've seen attendance mask where it was standing holy as we are now and we've also seen attendance at mass where it's been very thankfully we're seeing more parishioners coming back to the church

and that I'm delight that I'm very happy But I'll go back to what this gentleman said. 70 spots in that neighborhood turns it into a city of regular city street. Taking away the the historical factor. You're taking away [cough and clears throat] the neighborhood factor. You're taking away the closeness of the residents that are there. There's nine houses on that oneway stretch.

That lot would take up five [snorts] house lots.

That parking will take up five health blocks.

Mass is on Saturday we have one service and on Sunday we have three. We're talking about overall four hours of participants and parishioners in church attending church.

70 h 70 [snorts] spaces for and I hate to be to break it down so minimally, but 70 spaces for 4 hours on a weekend to destruct [snorts] an entire historical neighborhood seems to be a bit much. I think that's what most people are saying. We're not we're not we're hoping to get parking but not 70 spots.

And then there's Holy Name School and the church and the I mean that takes up Stson Reed and Pier. They're a block away.

Again, another area that is maybe only utilized in the summertime for pockets.

So my concerns are those that we most people I think have said here um we've seen priests come and go. We've seen attendance rise and fall.

We have to cut back the mass on Sundays.

Maybe we'll get to some point where we'll put up we'll have an extra mass.

But given all that 70 spots, [snorts] a 70 spot parking lot in that particular neighborhood that already is oneway street, there's nine house lots on there. All single families a block away.

Holy name parish, holy name school, holy name parking lot of an entire those three blocks.

That's right. And we're we're not considering Holy Name. We're we're here.

I understand. But the point is that there is some parking available for maybe some parishioners that are more mobile, more young, more able to [clears throat] walk the extra block, not have to deal with neighbors or parking or that type of thing. And certainly not clearly in the winter. The problem was everybody makes the park right at the front. Sure.

Okay.

Thank you. Hang on. Be before we go on.

Yes. We're getting no not okay before we go on. We're hearing the same thing over and over. So if you agree with someone who spoke, great. Say it.

If you've got something different, obviously this gentleman has something different. So no, I'm sorry. I'm hooking beyond. Um, yes, please speak.

Go back.

No, no, you please.

Michelle Byron Street. So I'm just going to try to clarify because I'm listening.

I'm hearing what you're hearing. I'm hearing what they're hearing. Your issue is not 70 parking spaces. Their issue should be impervious surfaces.

Correct.

Right now, the church is at 30%. In that neighborhood, you're not supposed to exceed 25%.

This parking lot, because we have to refer to it as a parking lot, will bring it to, I believe, somewhere around 60%.

50% 50, which is why they need the relief, why they need the barrier. It's the impervious surface. So, as much as they keep saying parking lot, parking lot, maybe the way they should be phrasing it is the impervious surface is what we're against because you're exceeding um what's allowed in the neighborhood. So, I just wanted to try to real, you know, rain things in and clarify if impervious surface is the concern.

Correct. Correct.

Or is it parking cars the concern?

We haven't heard that. So what we're hearing, they don't want to see cars parked there and a parking lot and traffic, right? And nobody's addressing that [cough] they're not here.

And nobody's addressing the impervious because again, if the parking lot is made out of an alternative material, then it's they don't need to be there. They don't need to plant a tree. They don't need to build a fence, right?

So that's that those are the facts that are before this board.

Yep. So just trying to help clarify.

Thank you. Thank you. Anyone else wishing to speak in opposition?

In that case, we come back to the board.

Any additional questions either for the petitioner or for planning to the planning director at this point?

Again, Mr. Chairman, any um any motion that would be made would be totally um exclusive of pocketing. We're not talking pocket. Any motion that would be made by this board would be for lock coverage.

That's that's be not approved.

An approval or disapproval of lock. [clears throat] So you are you um entertaining a motion.

We can now entertain a motion. Yes.

Okay. Uh this is um a special permit.

Therefore, it's bifrocated. Yep.

That's correct.

Can we do both at once? You can do both if you choose to.

Yep.

Okay. So, my motion is that um we find that this uh proposal would not be substantially more detrimental to the neighborhood and that we approve as stated.

If this does pass a question, procedural question to planning, how do we express if we if we do approve?

Yep. How do we express back to site plan review the concern about the layout of line parking space?

It has to come back anyway, but you can make that a condition because currently their site plan review does not show the screening. This the screening only came about once they came to the zoning board of appeals because they're not required to have screening. That's why it wasn't proposed at the time of site plan review. So back to site plan review to incorporate the proposal shown on the

[clears throat] plan submitted something to that effect.

So does my motion need to be altered to that effect?

You can you can just add as as stated as as stated.

Okay.

We have a motion. Do we have a second?

Second.

We have a motion and a second.

Mr. Kelly, is there any discussion on the motion?

Then on the motion, Eric, yes.

Ricky, yes.

Jim, no.

John, no.

And Chairman Pereira must say no. Um, even if I had not, you would not have carried. Well, it does not carry a super majority.

Motion doesn't pass.

Continuing with new business. Item number three, applicant owner uh is James J. Bordon Jr. Care of attorney Peter A. Celino 1089. And please just everyone please just do us a favor.

We're still continuing. So if you're going to have discussions beyond this, please just take it out to the uh to the atrium. Thank you.

Thank all of you for your time.

Appreciate all of you.

We appreciate the input from everyone.

Thank you.

Let me restart. Item number three of new business applicant owners James J.

Bordon Jr. Care of attorney Peter A.

Celino 1089 Wilson Road, map V06, lot 17. The applicant is requesting a variance to allow the following one to operate a commercial dog channel.

Property is located within an S single family zoning district.

Good evening. For the record, my name is Peter Felino. I represent the property owner applicant James J. Bordon Jr. Uh Mr. Bordon is here with me to my immediate left. The subject proposal is, as Mr. Chairman Red to run a commercial dog kennel at the property at 1089.

That door, please.

Thank you.

Would you like me to just pause for a minute?

Hang for a second. Sorry.

We won't count it under three minutes.

3 minutes. There's a lot of jiu-jitsu going on in the three minutes tonight.

[clears throat] Yeah. I told myself I was not going to set the timer tonight. I just went on F.

We need a timer, please.

Um, okay. So, again, for the record, my name is Peter Celino. I represent the owner applicant, James J. Bordon, who is here with me. The proposal is to run a commercial dog kennel at Mr. Bordon's home, which is before you on the plan and located at 1089 Wilson Road in Fall River. The reason we are here is because Mr. Bordon uh previously had taken out a building permit, built what Mr. Tolman

has labeled as accessory building on the plan, and started a dog kennel at his property. That kennel ran for approximately three years when he received a visit from the uh Fall River Animal Control Office and subsequently Frank Hollario of the building department. Um he was told that he couldn't operate that business in that neighborhood and he shut it down. And so we are here certainly on an after

the-act variance. Um but I told my client I thought we should put that card on the table right away um because I know there is opposition. So what we have now uh before you is we have this single family property. Uh Banville as shown on the plan is unimproved. So if you if Chris can scroll the plan a little bit, you see the end of the improved way is the northerly most

terminus. That's uh the other way.

Chris, please. Sorry. Uh thank you. So Banville is paved up to the point where it says limit of paved way. So immediately to the west of my client's property is actually a paper street.

It's it's not there. There's no street there. The kennel operation is on the west side of the property. It's depicted on the plan as the structure along with the uh existing kennel fencing and artificial turf, which I understand to be some sort of a hypoallergenic uh turf for dog waste and use. Um I think that maybe we don't all agree on the neighborhood, but there's no question it's single family zoning. But

I'd submit to you this section of Wilson Road is unique in the sense that you have Gina's restaurant across the street, you have a highdensity condo complex, you have Alert Ambulance, you have a daycare to the west. So I don't think the proposed use is completely non-conforming to those uses around it.

In terms of the operation and anticipating questions of the board, previously it was run from 6 to 6. The dogs uh ate and were housed inside the building, so they did not eat outside.

There was no long-term parking, but rather folks dropped their dog off before work, more or less, and pick the dog up after work.

The uh letters of or the letter of opposition that has a name on it, uh seems to focus on the east side of my client's property, which is his personal backyard that he uses for personal use.

uh whereas the dog operation again is on the west side of the property. So it's submitted to you that the hardship argument has to be the fact that all of this infrastructure is there. The business ran for 3 years. Uh when he was advised that it was inappropriate, he stopped promptly and he comes before you tonight to seek the appropriate approval to reopen his business at this location.

Obviously happy to take any questions. I understand this too is a passion project and there will be folks in favor and folks against.

Mhm. Uh and and I I will point out you mentioned um the letters that came in there there were I believe only two in opposition.

One was signed, one was not. There's no name.

Yes.

Of the other letters that we have, there were a total of 45 letters of support.

But only three of them are neighbors. or maybe there's more, but there's no addresses on them. Um, yeah. So, 15 letters of support were submitted with with no address uh whatsoever. Some of them were actually outside the city of Fall River. Uh, so obviously some of your clients, fans. Um and then only three seem to be a butters or close to a butters um nearby. I am not reading these into the record.

Understood, Mr. Chair. And I and if I also could please supplement the record.

Um I have Mr. Bordon went around and got signatures of direct the Butters as well to supplement that. So if I may approach your clerk, you may pass that in.

Thank you, sir.

Okay.

Did I and this is just curiosity when when you open this up, my understanding is you as as your council has stated, you went to when you pulled the permit for that accessory building. Was this your intention to to operate a dog facility?

It was.

Okay. Did Had had you checked the zoning to find out if this was even I didn't.

See, you needed Peter Aselino.

I know. I Peter, do you copy the building?

I do not.

It was a It was a building permit for a shed.

For a shed.

Yes. And that's where you run because what it was was a shed that was there and I pulled a building permit for the shed.

So what size shed?

It's a 16 by 24 but the permit that was what it was.

16.

It's the same exact footprint as the shed that was there.

Okay. Got it.

So that's where is it for lack of is that your office and a space you bring the dogs into for feeding or Yes, that's that's the kennel. That's where the dogs are primarily when they're not outside.

Okay.

Could could you just identify where we don't have how many of the names on the vision in favor? Uh could you draw back on your map a little bit so we could see the surrounding area?

Can Can I uh approach and point?

Yeah. Ju just to give us an idea of are they immediate or Yeah. I mean, look at the addresses on these. So, okay. Wilson Road. Everybody did put their address on.

Yeah, we have the addressed because I was going to say it's the one directly behind me, the one to the the left side of Vanville Street.

The one behind her right here. That's the three houses that are on Vanville Street.

Mhm.

My butter to the left of me that's across the paper street. He was good with it. He's in support of it. And then you don't have the other house to the left of him. He was good with it. My two neighbors that are directly across the street from me, they are support of it.

They've never had an issue and those are the people I was able to vote.

Okay. Appreciate that. Thank you.

Thank you.

Okay.

I I also uh want to make a point before we go any f further. Uh for the record, Eric Kelly, who is eligible to vote tonight, will not be voting on this because of um a family member that actually is in a butter to this property. So, any other questions?

Uh, at any given time, what's your total occupancy?

15 to 20 dogs.

15 to 20.

I figured when the name of the place was seven dogs, they had no more than seven.

So, you had seven dogs.

We got the name of the build from our license plate. They had seven DG. So, we just went with that.

Okay.

Any other questions?

Ricky, Eric, I'm sorry, Alexis.

Anybody here this evening who wishes to speak in support of this application?

Yes, sir.

My name is CJ Moss. Um, address is 234 Cal River. You know, my wife and I, we've been bringing our toy poodle to James' car for three years. Certainly, what I'm going to say isn't in this book, but I can just a testament to them how much they care [clears throat] about this. Um, they're great business owners.

You know, we love them. We drop our dog off every morning or we used to every morning, pick him up every night. I think Zeus likes going there more than he likes going home. how excited he is when I drive him in. And that's the truth. And I talked to Cara when she was, you know, thinking about starting this business because running a business is hard. You have all these challenges,

right? And I think they care. So, I know they care so deeply. And I think we have a special opportunity today instead of putting up barriers to people that are doing something really good in the community and taking a chance, you know, we can lower those barriers and help them. I mean, if you see the 45 letters, you see all the names, you know, people support them. And there might be people

against them, but I can just tell you firsthand experience being a business owner and bringing my dog to them. They just do a truly incredible job.

I appreciate that. Please, please appreciate our need to also protect the bylaw, you know, and that's, you know, that that's fair, I think. Anyone else wishing to speak in favor? Yes.

Yes. I'm my name is Ken Gus here. Uh reside at 295 Garden Street. I have a I'm a dog lover animal lover. I have an 18month-old golden retriever who's been going for them probably over a year now.

Um I've did my due diligence checking up different doggy daycares by far and I've had dogs my whole life. They are the best.

um from their facility to their playground in the backyard for the dogs with the artificial dog turf.

It's it's just incredible. And I drop my dog off and I work for the city of Florida for over 20 years. I work for the water department. I'm a supervisor.

Drop my dog first thing in the morning.

If I get a main break at 4:00 in the afternoon, I'm not going home. I call, hey, can I pick up my dog a little bit later? And I find my little way to sneak over to grab my dog, bring him home to ride on the street and go back to work.

They're great. They work. They work with us. So now that they're not open, my dog, they've been closed. I take my dog once a week to go to the reservation for a run. When I drive by that house, my 60 lb dog, 18 months, wants to crawl through the window. He knows when I take that ride on Meridian Street. He knows where I'm going. He thinks he's going home. That's his second home. That's all

he's ever known. And [clears throat] he's at that window. He's like this crashing, going crazy. Go.

Unfortunately, we can't stop. So, I'm just asking for your your diligence and give them a small business and great people like this the opportunity to continue to run their business for us dog lovers and for my dog cuz my dog now sits home all day with my 80-year-old mother and it's difficult. And just to make sure, I went on vacation. I go to a wedding in Baltimore, me and my family.

I put my dog in another daycare and they videotape the whole the whole day of your dogs. Jim's outside and he gave me 10 dogs. He knows every dog's name. I'm in Baltimore. I reach out to this company at taking care of my dog. I says, "Um, any videotapes up something?"

I went off Thursday. I supposed to come home on Monday. Well, the wedding was on Saturday. Wedding over at midnight. At 12:01, I was in my car heading back to Swansea to pick up my dog because there was no videotape. My dog was in a kennel 24 hours a day. And when they did come out, it was on a concrete slab with the owner. He kicked a a big beach ball

around and he thought that was playtime.

That's not what I paid $80 a day for.

and just consider the animals and give these people a great opportunity cuz they're they're wonderful people. Thank you.

Thank you. Anyone else wishing to speak in uh favor? Yes.

So, I have two dogs and um trying to find a boarding kennel in this area.

There's not that many and it's hard to fit two dogs in. Sometimes I call places and they say, "Well, we can fit one."

They have always accommodated me. We've worked around schedules and um they've always taken my dogs. They've come back very happy. Um I I know because they've eaten their food. Um and they're calm.

I've been to other kennels and one time my dogs came back, they had vomit all over them. It was dried. It was days old. I mean, that's unacceptable to me.

This place is very clean. They're very professional. And I think we should support small businesses in Baltimore River. You state your name for the record?

Oh, Linda Dlo, 122 Woodlon Street, Paul River.

Anyone else wishing to speak in favor?

In the back. Yes.

My name is Paulina Richard. I'm located at 130 Guy Street in Paul River as well.

Um, just to say on James and Cara, they've done an amazing job. And I think some of the complaints were that the dogs are loud, there's a lot of barking, there's a lot of lights, and I think if you look and see, he has put the kennel over to the side where the paper street is. So there's a big grassy area. So the dogs are kind of away from the neighbors. It's never loud. It's not

like even though he has that many dogs, they understand which dogs interact with who who can be out at the same time as this one. This one doesn't like being and so they very well curate their time to mitigate like the barking or any kind of noise pollution for neighbors. Um they do have some lighting, but I mean it's no more than you would have in your back lot. um backyard for like flooding

flood lights you would have. So I I think it's kind of been blown out of proportion a little bit and I understand that maybe he didn't understand what permits he was taking out to begin with and so we're like in this situation but they really do an amazing job and there are amazing small business owners in this city and I think they've tried to do the best they can can to mitigate the

impact on their neighbors as you can see by so many who broke in in support and just hopefully you can see that and approve their variance so that they can open up their business And thank you, Mr. Chairman. Just to point the clarification attorney, how long has this uh count been operating prior to being shut down? Three years.

Three years. How long has it been shut down?

Since November 7th.

November 7th. And during those three years, any is there anything you're aware of? Any complaints? Anything to that nature?

I'm not aware of anything, Mr. Sah. And you know, obviously I've met with my client two or three times in preparation for tonight. So, no. As I understand it, um, they haven't had any issues with noise or sound. And to the woman that just spoke's point, which I tried to highlight in my presentation, the operation is to the left, to the west, near the paper street.

Thank you, Mr. Chair. Thank you. I first of all, any anyone else wishing to speak? Yes.

Hi, my name is Dwayne Holman. I live at 82 Beverly Street. I have a Chihuahua Yorkie that loves James as much as she loves my husband. and I don't want to bring her anywhere else. So, I'm here for support.

Okay.

And I'm not going to go on and on because I don't want to take up everybody's time, but here I am.

Thank you.

Thank you.

Carry on. I love that.

Anyone else to speak in support, sir?

Hi, Frank Stanley. I'm 84 Windsor Treat.

Uh I didn't get to sign anything for these guys, but [clears throat] uh James and Cara, my my dogs been going there for some time now, and um they're amazing people. Comes back. um you know, he uses up all of his energy. He loves going there. Um I have a friend of mine that has two dogs that go there and uh they're just great people. Um the facility is nice, the the yard um how they car.

Thank you. Anyone else?

Yes.

Hi there. My name is Konis Ferrero. I live on 166th Street. Um Diesel, my dermat has been going to James and Cara for the three years that they've been open. He loves me dearly. Uh and honestly, um I work as a clinical nurse manager over at Rhode Island Hospital for the cardiothoracic ICU. My hours are extremely unpredictable. Um there are many times I have to go in for emergency

surgeries and whatnot. This is the only kennel that I have been able to literally call and say, "Listen, I either have to stay really late at work.

I have to go in for an emergency." Not once have they denied me. They've said, "Bring them by. Come get, you know, come drop them off. We got them." Um, they've been absolutely amazing. Diesel, I have them at home now. Unfortunately, he gets crated while I'm at work and, you know, people go let him out, but he's definitely way more depressed. He hasn't been able to expend any energy.

Um, so, you know, I've tried looking for other kennels that could be as accommodating or but similar to other stories. Um, they don't do anything with the dogs, unfortunately. And my dog's 110 lb German Shepherd. He loves to run around. He has his best friends there um at the kennel or had his best friends uh there. And uh they are definitely missed [clears throat] for sure.

Okay. Thank you.

Anyone else?

How about you?

Hi, Alison Bowski. I actually live in Swansea at 48 Windwood Way. I travel across the city to get to James and Carol because I have a dog that's got anxiety and they're just they're so amazing with him. When I say to him in the morning, you want to go to the daycare? He doesn't zoom me around the house. He doesn't act like that in most situations. So they're responsible business. I you know I teach in New

Bedford so I cross the city to get to them to get to New Bedford and there's never congestion on that street. There's never an issue with their business. They are amazing business owners who care about their clients who care about the dogs. And I know that by the way my dog behaves with them and when he comes home. So please just consider that um to let this business run.

Thank you.

Anyone else? There was another hand over here.

I was address.

Is there anyone wishing to speak in opposition?

You go first. No.

Can I hand you something up there for your Of course.

Can I please?

So, I just like to show you this. Um, we had our dogs that were kennelled there boarded, which they haven't talked about any boarding or licensing for boarding, only for kenneling.

I'm getting there.

Okay. Well, this has to do with that basically. But um these are some vet records and things that happened while our dogs were under their care. Um this paperwork right there for you. And the reason that we are opposing is unfortunately our dogs died.

Both beloved pets have died due to their facility.

And so I'm running on behalf of Ruthie was our amazing um energetic dog who loved her family and her family loved her.

She was taken from us due to negligence and carelessness that should never have happened. We left Ruthie at 7 days boarding while we were on a family trip to Disney, trusting that she would be safe and well cared for. She was dropped off on October 15th to the 22nd after returning home. She became sick, runny eyes, congestion coughing. She was diagnosed with kenno cough and treated

and she's not improved. She was brought back to the vet and treated again a week later, but continued to decline. Despite multiple visits and efforts to save her, Ruth's condition worsened, and we ultimately had to make heartbreaking decision to put her to sleep. This should never have happened.

It was preventable. We later learned that multiple dogs at the facility were sick. We have text messages from car state in that. Yet, they never closed to properly disinfect for a highly contagious illness. Even more disturbing um was when they were confronted or told there was no sympathy, no accountability, just um sorry. Animal control later informed us that the facility was not properly licensed for

boarding and was operating over capacity. This tragedy happened because of reckless decision making and prioritizing business over safety of animals as people made up known business. They wanted the money. They wanted the dogs. For these reasons, we strongly believe the facility should not be allowed to reopen. A business that operates without proper licensing, ignores the spread of contagious

illness, and feels to take responsibility after animals die, demonstrates a clear pattern of unsafe and irresponsible behavior, allowing them to reopen with other families and their pets at serious risk. And no other family should have to experience this kind of preventable loss. We have lost two beloved dogs because of this situation and the grief has been overwhelming. And we miss Rosie and Ruthie every day.

Thank you for letting me Oh, and I I live in Are these your originals? Those are copies. Two copies.

And my name is Tammy. I live at 88 Flint Street in Fall River.

Okay. Very good, sir.

So, my name is Kyler Lewis. I live at 33 Woodman Street. Uh my daughter was Rosie who was a second dog who died two weeks prior. Also was born the same week in October. Um we were on a family vacation in Disney. We chose the facility based on strong recommendations. We were told about James being a firefighter and carrying a form of physical therapist assistant which gave us a sense of trust

and reassurance about the level of care our dogs received. We had boarded rooms before at two other facilities and she received all our vaccines prior to boarding as recommended. At no point were we informed that kennel cough was actively spreading among dogs to the facility. Having been notified that mobile dogs were becoming ill would have absolutely understood the risk and made

informed decision about whether board roy and roof. An opportunity was never given to us. During the stay I asked several times for updates. Carrie reassured me that everything was fine and that both dogs were doing well. When we picked up Rosie on October 22nd, she seemed extremely run down and had a persistent cough. The next day, we contacted our tellahalth vet through our pet insurance and were told it appeared

to be kennel cough. With instructions to monitor and follow up with our primary vet, we notified Karen and James immediately so they can inform other pet owners that their dogs have been exposed. They thanked us for letting them know and said a dog came on account in exact words, "It went through the place." However, we later learned that other dogs continued attending daycare and boarding without any notification of

exposure. My sister and other friends who had their dogs there for daycare and boarding never received a notification.

On Sunday night, Ros's condition rapidly declined and now quickly infection spread to her lungs. We had to make a devastating decision to put her down. We informed Karen and James that Rosie had passed. Their response was brief condolences or what continued to weigh heavily on us was a realization that no broader notifications or precautions appeared to be taken. We contacted animal control, not seeking

compensation, but simply to ensure proper cleaning and prevent this from happening to another dog. During that conversation, we learned that Seven Dogs boarding was not properly properly registered and should not have been operating as a boarding facility. We do not believe this was intentional harm, but the lack of licensing, oversight, and illness disclosure created a situation where preventable loss

occurred. Rosie Ruth were not just pets.

They were family members and part of our daily lives. Our goal has never been financial compensation. We only want to ensure that no other family experiences this kind of loss. It has also become increasingly clear that the level of supervision and transparency are presented to pet owners did not reflect reality. There was no clear illness notification process. Dogs were reportedly left alone for extended

periods and capacity appeared excessive for a residential setting. These concerns raised safety serious safety issues for the community. This is not something we want for our city or for other pet owners who place their trust in local businesses. We respectfully ask the board prioritize the safety of animals and the families who love them.

Proper licensing, transparency, and accountability exists for a reason to prevent situations like this from happening. Our hope in sharing this is not rooted in anger, but in responsibility. No other family should have to come home from vacation and lose not one but two beloved dogs in preventable circumstances. We ask that you carefully consider the risk of the community when determining whether this

operation should be allowed to continue.

Thank you.

Thank you, sir. And I'm sorry.

Thank you. Anyone else?

Yes.

Dorian Frasier 1109 Woodson Road. I am the property that directly butts on the west whatever site that is.

Okay.

But I'm opposing the variance for a candle in our residential district. Um the applicant's primary claim of hardship was that they have buildings on the property. Um it's legally insufficient and fails to meet the strict statutory requirements of Mass General Law C4A section 10. I urge the board to deny this application based on the following.

There is no hardship related to the land. Under mass law, a hardship must arise from unique soil conditions, shape or topography of the land. The presence of an existing building does not make the land in itself unique. Um, the applicant has not shown why these buildings cannot be used for permitted residential purposes such as storage or a garage or a shed like it was initially said to to be rebuilt. Secondly,

self-created circumstances. A variance cannot be granted to remedy a hardship that is self-created since the applicant constructed the buildings with the intent of using them for a non-permitted commercial purpose. That is a business choice, not a legal hardship.

Third, the economic advantage is not a hardship because the [clears throat] applicant wants to maximize the financial return of a property by using buildings for commercial business does not qualify as a sub as a substantial hardship. The property maintains its primary reasonable use as a resident.

Their residence is on the property. And fourth, the commercial kennel introduces significant noise pollution. I can attest to that. um with parking in traffic that are fundamentally incompatible with the quiet enjoyment of the residential neighborhood. Granting this relief would nullify the intent of for zoning ordinance that protects protects residential character. And finally, the site map that the applicant

has submitted is incorrect. I have added to the map in I have a copy here if you'd like to see it in red what is actually on the property as of today like right now and how it's being used.

The pictures that I have submitted with my um with my initial y um the kennels and the area that the dogs use are close to our bedrooms.

They're less than 20 ft away. Um the applicant listed this land as residential use, but that's not true.

The dogs use that that side of the yard, my side, to run and play. You can see actually in the pictures you can see the paw print in the snow where the dogs have been out there playing and running around. Um the fence above us might properly outside our bedroom.

Um for these reasons, I respectfully request that the board find the applicant has not met the burden of proof required for a variance and denies this request. If you'd like to see what I've added to the map, I have a copy here if you want to see that.

The actually the photos, you you can turn that and we can place it with the the photos that you uh you sent over.

Anyone else in opposition?

I I I think I'm a dedicated dog person. Better than kids.

Um, okay. Thank you.

Um, just kidding. Not quite. But we're we're looking at a use variance.

The hardest really to prove in com Massachusetts.

I don't need to tell you that council, but you do not. Um, and the and the question of the question of lenture, the question of oversight.

I can't believe you tell me. I understand boarding kennels where you're keeping dogs overnight. I understand some of those regulations. Are the regulations for day kennels like this? Is there oversight under the health department? Is there oversight via animal control?

Well, this is both.

Yeah.

No, this is boarding overnight, too, I believe. Right. That's what they were.

I know those requirements because when I've had to board a dog, you know, most of the places are kind enough to give you the six to six.

Yes.

So, that's not true.

That is true.

That is not true.

My dog was there for right, but the daycare portion it was 6 to 6. So, you're only requesting relief for a daycare. There's no boarding you're asking for.

I'm not going to do boarding anymore.

It's not something that I want to do.

Um, well, I want you to understand that the relief that you're requesting is only to run a daycare to between the hours of 6 to 6.

So, the board should take that in consideration as well.

But again, in in the vein that the that the chairman, [cough] do you have a mortgage on this house?

Yes. You have mortgage insurance. You have home owners insurance.

Are they aware of the fact that you bought dogs?

You have a business.

What happens if someone gets bit at this house?

I have insurance.

No, no, no. You don't have insurance to run a business.

I became You have pets?

I became an S corporation.

And do you have insurance?

I do have insurance for the for for the dogs. Yes. I I paid That's what I asked you. Do you have I pay insurance not through my homeowners insurance. I pay.

So you have business insurance.

I do.

But you have a business certificate by which you would have needed to get a business insurance.

I Nobody asked me for that.

No, because you built something without permits.

Okay.

We don't we don't just go knock on doors. Hey, what are you doing today?

Right.

Tell me what you doing. I can license.

No, you're correct, sir.

This is You're correct.

This is just blatant disregard. Again, I'm probably the biggest dog lover. And attorney Celeno knows this because I send him pictures at 4:30 in the morning walking my dogs in the snow. Um, so beyond all that, let's just talk about the zoning aspect of it.

Okay.

Kennels are allowed in one zoning district in the city of Fall River and that's a local business district.

Nowhere nowhere else in the city.

Okay, sir.

It it's not contemplated anywhere and for I mean we deal with people that have chickens, that have pigs, that have horses and they have them regulated through the board of health and through the animal control offices. How this is I don't even know how it how it got to us. So Frank it was brought to Frank's attention. How about I think through the dog officer or office of animal control

the dog was brought to their attention that somebody called illegal. Okay letter that was you sent a letter to animal control what happened with our dogs that she investigated.

Got it.

She shut them down first and then that got to I I listen I I'm not saying that you all don't think that they run a great business. So may maybe they run a great business because it's unregulated. If you need to go put two dogs somewhere and you can't find somewhere, that's because they're limited by their capacity that they have, by the length that they have. So at what point is there too many dogs

here? This is this is just Yeah. I mean, the more I've heard, including from some of your people here speaking in favor, I'm sitting there going, "What the heck is going on?"

And again, dog lover, but even if I wasn't, I I [sighs] can I can I You're outside the zoning code and quite honestly, you're probably breaking the law in some in some other way.

And I I I I feel badly for the people that I I wish the hell you were in a I wish the heck you were in a you know in a proper business zone running under a license etc etc because obviously you know people are very happy but this is a this is a bad situation.

It it it's just a bad situation. I realize you were about to speak, but I I I can't I can't come around the corner on this one.

Okay. I I And there's no vote. I'm one guy, but and and you know, my my August, you know, associate down at the end doesn't have a vote, but this is like a confluence of negative things that you did. Has there been any attempt to correct any of these other issues?

Can I have a plan?

Yes.

Could I just ask Mr. Chair, could Mr.

Bordon have a second to speak in rebuttal, please? Please.

And my heart goes out to them. They were fantastic dogs. When Rosie and Ruthie came, Rosie had a hard time walking. I had to put down cuz inside it's a like a lenolium floor. It's a little bit slippery for the dog. So I put a carpet down for her. I used to help her in and out. Ruthie could manage it. No problem.

A few hours after they dropped Ruthie and Rosie off and I have the pictures and I have the text messages.

She had gunk in her eyes. She had mucus coming out of her nose. I went and took the pictures. I went to my wife. I asked her to contact them which she did. And we were told that it was she has allergies and the the brownish mucus coming out of her nose could be because she was digging in the plant the night before.

I said, "Okay." Carara said, "We're going to put a warm compress on there."

We sent pictures and videos.

The dogs were fine when they left. And I It was days later that they contacted us.

Are they talking about are they correct that at one point there was some kennel cough in the building? There was, but we also told our daycare dogs, "Do not come." But that was two weeks prior.

None of the dogs had kennel cough when Rosie and Ruthie were there.

The dogs went home fine. They were very happy. They wrote us a beautiful review.

And I I believe me, I don't want anybody's dog to die, especially if it's my fault. I love dogs. I have my own dogs. So, what she's saying about dog tracks in my backyard, those are my dogs that I let out in my backyard.

How many dogs do you have?

I have four.

Um I I Okay, I'm sorry. I I I was obviously hindsight's 2020 and when everything's going great, it's going great. I'm willing to do whatever the dog officer wants me to do.

I don't want anybody's dog to die. I I would never want that. I love dogs. The hottest thing is when I have to put my dogs down [clears throat] and I apologize to you. I really do.

No, don't apologize to us. I mean, no, no, no. I'm apologizing to them. I'm sorry. I'm apologizing to them because I know how much they love their dog.

[clears throat] I I you know, and I kind of have to, and this is a rhetorical question for everybody who spoke on behalf of the care, etc., etc., and you don't have to answer this. Why would you put your dog in an unlicensed facility? And I'll leave that question just float out there. Okay.

They didn't know.

I think we're getting beyond the scope.

We're getting beyond the scope. Let's uh so do do we want to take an attempt at hardship?

It's what I got what I said.

Okay.

I mean, I like to cook and I love to feed people, but I can't have people come to my house and I can feed 20 people and they can pay me and then when they get sick and I [clears throat] lose my house because my insurance doesn't cover it.

I mean, it's it's inexcusable.

Let's uh let's come back to the board if everyone has said the piece and from the general public.

I also like to eat in case you can't tell. I'll make a I'm going to make a motion to deny. I think um it's been uh very well stated and and it's buyer beware to a lot of people that were here and favor of it and supporting it. I'm sure they did a good job.

uh you don't know and there's no if if this complaint wouldn't have come in still be operating today unlicensed and unregistered and unzoneed in this lady's backyard and we'd all be in the same situation. So uh with that I motion to we have a motion to deny. Do we have a second?

Second.

Thank you Alexis. And on the motion, Alexis, yes.

Ricky, no.

Jim, yes.

John, yes.

Terra, yes.

Thank you.

If you want to hang around, I have two more. I can't explain it to you.

I know what's going to happen.

Update number four.

Item four, the applicant owners Michael J. Provost and Jamie Pro Lel Provost Care of Attorney Peter Celino 0 EMTT Street map F20 lot 31. The applicant is requesting a variance to allow the following to construct a two-bedroom single family home waving lot area and frontage requirements.

Good evening. For the record, my name is Peter Felino. I represent the property owners uh who are with me to my left and to my right. Don't hold it against Jamie that she's holding uh wearing a ton sweatshirt in the Fall River City Hall.

74.

Okay. So, um but nonetheless, in in an effort to bring a little levity to the room, so we have a uh pre-existing lot in an RA zoning district. My clients own the property as labeled on the plan immediately to the left fronting on Kennedy Street uh as well as the next property to the left. Uh they acquired this property through an estate. The request is the applicant seeks to build

a uh two-bedroom single family dwelling as proposed on the plan. The waiverss are two. It would be area and it would be frontage. So as the board knows in the R8 uh we need to have 80 feet of frontage. The plan shows 50 and the area requirement is 8,000 and the plan shows 6,184 uh sorry 183. Uh it's pled as a variance. The hardship is the size of the lot. It's there. It doesn't merge

with their other lot because there are structures on it. And uh I think the use would be consistent with the neighborhood. If you look at um the houses that front on Kennedy Street on the corner of Jefferson um labeled on the plan as Murphy, Reposo, and Maderas, I'd submit to you that this proposal is very consistent with those uh houses, even a little more plentiful in terms of size.

Uh obviously, Michael and Jamie are here, happy to answer any questions that the board may have relative to the proposed use of the property.

I don't have any questions which surprises me.

Anything from uh planning?

No.

Thank you. [snorts] Questions from the board.

Anyone square footage of the I'm sorry of the lot.

6183 6183.

He could be your easiest clients of the night. Wait, says the taunt lady.

Says the taunt lady.

I'm a hill topper. I just teach taunting tigers.

See, now you got my wife my wife taught at Dery for a while. [clears throat] Oh.

Um, anyone wishing to speak in favor of this? Anyone wishing to speak in opposition?

Chris, be quiet.

Mr. question move approval uh for the condition of no additional asus ADU as second motion and second discussion on the motion hearing none yes Jim yes Ricky yes and Alexis yes and chairman Prairie yes thank you best of luck with that thank you stick around I'll explain that I have one but that's Okay, thank you.

And item number five, applicant owner is Kevin Reposo, Carro, Attorney Peter Aselino, subject properties 913 Rodman Street, map I24, lot 17. Applicant is requesting a special permit to allow the following.

one to convert the existing non-conforming structure from six units to eight units with one ADU and a second additional ADU via special permit to relief from parking requirements. The property is located in an A2 apartment zoning district. Thank you for the record. Peter Celino on behalf of Kevin Reposo. With me is Kevin. Kevin owns this building uh on Rodman Street. The building as it sits today is a six

family house. Uh if you stand in Rodman Street and look at it, there's a what appears to be a former commercial space.

Uh we couldn't find any specific records on when it was last used as commercial.

Heident uh he advised me that it's a sort of an open space dirt basement effectively. Um and so the request here is to put two dwelling units in the basement. U the square footage of the basement measures about 1373.

the architect can create uh two 680 square foot units. Uh this is all being brought forth uh pursuant to the special permit bylaws relative to an additional ADU and or waiverss of parking requirements. So uh to me the arguments in favor of this petition would be the creation of off- streetet parking. Um as the board knows when you look at waiverss of parking requirements you have to show some sort of public benefit

in the fact that this would not be more detrimental to the neighborhood. I think Rodman and Snell is a pretty congested area obviously. Um I took a ride over there two days ago and certainly with the snow piles uh it's a tight spot. So I'd submit to you that it's not more detrimental because the creation of the parking will allow tenants to have a place to park off the street. Um also

when you look at the prongs of the parking waiverss in the special permit uh section, it talks about considering the use or the types of uh apartments.

And so here, if you have two 680 ft apartments, I'd submit to you that those are small apartments likely occupied by one individual and therefore the provision of eight parking spaces I think gets better at this site. Uh so we're happy to answer any questions that the board may have. Um Mr. Reposo's architect did create some floor plans. I know past practice has been more than three units, but nevertheless, we have

those. We can pass those in uh as well.

Okay. I I I I do have one question especially because this is is ADU related.

What did you base the size upon?

Just what was available and cut it in half or um Yeah. So the to if I may approach the total size of the the seller if you will is 1373 and if you cut it in half that's what it looks like.

Well Dan, we've had this conversation.

I want to just weigh in Dan.

So again, past decisions of the board, every every petition is is particular.

They passing these down.

Yeah.

Um this board has not been favorable with regarding or adding additional ADU beyond what's allowed by right even by special permit. Um, we feel that the ADU bylaw by itself is something that was imposed by the governor that we're stuck with. So, you are afforded one ADU by record, which you would need to create one parking space for, but you don't need to create parking for the other

units. When I look at the proposal, even for parking, stack parking doesn't qualify as as a parking space in the city of For the same discussion with the church where you need to provide an access aisle.

the 36 foot curve open or 38 was it 36 36 going to remove two parking spaces from the street. So at best we're a net six and then they're stacked on top of that. Um again I don't vote you are afforded the ability for the additional ADU lock coverage can be mitigated through site plan review. don't have an issue with lot coverage, but however many parking spaces you want to create.

Um, but you do need city council approval for the curb opening in excess of 16 ft. You may not get that, which would mean the zoning goes out the window as well. Um, but the board should consider, are we going to contemplate additional ADUs by special permit? Uh this is a 5,000t lot which would have allowed for a single family home even in the new zoning of 5,000 ft² for

the first unit. So this size unit would be 5,000 square ft plus 1500 ft for each additional unit. So every two additional units. So at three they should have 8,000.

At five would be another 3,000 on top of that at 1,100 and then 1,400. You know really 14,000 square ft is what this lot should be to to accommodate to support what what's what's even existing. So, I don't know. It's and and and this, you know, again on the on the heels of the new A2 bylaw.

Yep.

That was going to alleviate us having A2 applications.

Anyone else? Any questions from the board?

They're [snorts] allowed one ADU. The question really becomes the U special permit for the second ADU.

[snorts] Well, you still need to contemplate. So, even if you don't approve the additional ADU by a special permit, you can still allow the special permit for lot coverage because even one parking space is going to need relief for lot coverage, right?

Which they're going to need to do. So contemplate that in your in your conditioning or decision making.

No other questions from the board because if it if 100% is denied outright [snorts] then they're going to need to come back just for lot coverage for parking space. So one way be be crafty with how you decide on on this one. We approach it.

Say that again Dan.

So they're allowed one ABU by right.

Right.

does not need to come before the zoning board of appeals. The bylaw does however require that in ADU you must provide an additional parking space for the ADU. So they need to construct at least one parking space for the ADU. They don't need to construct the other six. They don't need to come in compliance. But the ADU is going to require one new parking space. The construction of that

one parking space will require a lot coverage special permit from this board already which is already being asked for tonight. All right. So you do have the ability to grant them the lot coverage relief, but not the additional ADU. So, and they can't stack.

Well, yeah. And and I mean can't be stacked by primary, right? That's under the ordinance, too.

No, no. ADUs can be anywhere.

Yeah.

Parking parking. Oh, no, no, no. But parking is not required. They're required to give one. If they want to build a parking lot that has stacking to provide more parking, that's up to [clears throat] them because they're not they're not asking for relief to construct that parking lot. Just lot coverage.

So the second that didn't fly well with the Holy Name.

So So the special permit being asked for is solely for the second ADU.

No. And for lot coverage and for and for all the parking requirements.

But that's all it's all comprehensive onto one one request.

Correct. So we can break it down.

You can pick it apart. Yeah. Okay. Okay.

All right. Yeah. [snorts] Anybody here wishing to speak in favor of this petition?

I got to do it. Anyone wishing to speak against that thunder sounds good.

It [clears throat] sounds like thunder or I was going to go train, but if it's a train over here, I'm getting out of town.

Any reactions to uh the comments from the petition?

Um I mean, to me, the only possible reaction I can offer is that if the second unit is not going to be allowed, then I'd like to at least keep the petition alive as it relates to the parking waiver. So, he can at least have a space because otherwise, if we don't get the second unit and then don't get the parking waiver, he's got no no ADU, right?

At all.

No, this because you need a waiver for But I don't want you to overcommit to although I'd love to see you build those six parking spaces.

Yeah.

For even for the one ADU so the rest of the units have some parking.

So you can get that approval tonight to build that parking lot.

Yeah.

But not the second ADU. That's up to you if you want to change what you're asking for. Or you can just ask them to try to figure out how to pick this thing apart.

It would be easier if you modified your request.

Mhm.

To minimize, but couldn't based on the way it's pled, couldn't we just ask for the waiver as to parking for the [snorts] creation of one additional space?

You could.

No, because that's not a zoning ordinance. That's statewide.

Oh, that's true.

So, previously when we've I've come in for an ADU.

Yep.

And Glenn says you got to go for the parking. Yep.

One space, right? So, we don't have one space on site. So, wouldn't we need relief to create a space?

Correct.

Okay.

For lot coverage.

So, I think we can ask or if you want to change that to All we want to do tonight now is ask for lot coverage to construct one parking space.

Yeah.

For one ADU.

Mhm.

Withdraw the withdraw the petition of special permit for additional ADU.

Withdraw the permit for additional parking.

Yeah.

And limit it to requesting relief for one parking space.

Okay. If you want if you can craft the modification because it's lesser relief, right? I think it's much less request it a way that they can vote on it, then I think that rather than all right. Yes. Can I have a quick minute? So, what they're basically saying is you get one ADU by and you can shrink what you're asking for for just one off street parking space which ties

to the ADU. So you walk in here, you got to make one parking space over here.

No, but one space and then the additional unit. So you'd have a seven unit building with a driveway over here.

We couldn't move or come back with a different plan to modify parking adding more than one space.

Right. Um but if we modify parking, can I still get to Yeah. No way they're going to need lot coverage.

Yeah, they need lot even for one space.

Yeah, I think you have to take the measurements but yeah. [snorts] So basically our options are to withdraw to continue meeting and try to recreate one unit. I think the chairman would rather see you come back with something concrete from the discussion that we just had.

But I mean, you got to decide. Are you going to provide these parking spaces for the six units you've gotten out?

You've got to deal with the lock coverage.

If you're going to do that, you've already got what's lock coverage at right now? It's already exceeding. So, it's a special permit.

Yeah, it's all special permit. Um yeah, existing is 42.9 42.9 proposed to 74.81 and that's with with the six spaces.

The six.

Yeah.

So you have to you have to make up your mind if you want to swing for the fence and go for the six or you know I mean I think you get our feeling on the additional ADU. You got to decide how you want to come in for this on the on the parking side.

Well, I Well, yeah, please speak.

I'd like to provide the parking if I can get the two apartments.

I have no problem. They're saying that's a no.

That's a no.

Yeah.

The two apartments.

The two apartments.

The two additional.

So, we can go with one apartment and then one space.

We can ask for that.

You can propose it.

You can propose it.

It's up to you. So, well, so your options are either to come back with a different drawing or propose that. You got to propose that.

Okay.

So, that's what we would like.

Then we end up with one of these situations where we're we're approving something or voting on something and we don't have the correct drawing in front of us and we've been here before.

We Yeah. And we also said that we wouldn't do that anymore.

Right. So, we go only what's in front of us, right? Yeah. We're chopping this thing up. So, Okay. So, that means we got a table.

Good. Okay. So applicant moves to table the petition to the next meeting.

Okay. Can I have a motion on that please?

So moved motion to table.

Motion to table until the March What's the date?

19 I think I believe you're right because this is February. So March 19 meeting motion and second on the motion. John, yes.

Jim, yes.

Ricky, yes.

Eric, yes. chairman. Yes.

Thank you.

Okay. Thank you guys.

Brings us to citizen input. We had a little bit of that tonight.

Um approval of minutes from the January 15th, 2026 meeting.

Mr. Chairman, have a motion to accept the minutes.

Do I have a second? Please.

Hold it together, guys. We got seconds to go. Motion and second to um accept the uh the minutes with the waving of greeting.

Yes.

All in favor?

I I'll accept a motion to adjurnn.

So moved.

Second on that motion to adjurnn.

Second.

All in favor? I.

Thank you everyone. and enter.