5.16.2024 Zoning Board of Appeals

thank you good evening I am Joseph Herrera chairman of the zoning board of appeals for the city of Fall River it is 6 pm on Thursday May 16th 2024 we are meeting at one government center in the first floor hearing room personent to Mass General law 30A section 20 subsection F I hereby notify all persons in attendance that this meeting is being recorded with both video and audio devices Mr Craig

Salvador from Fall River government TV recording both video and audio version if anyone here desires to make an audio video or combination recording thereof please notify me now and I shall make a public announcement of your intention seeing none our recording secretary this evening is Nina Krueger sending to my immediate right present this evening are uh permanent members John Frank our VI chairman James

Caulkins our clerk Dan dup Ricky Sahar and um alternate member Eric Kelly also with us this evening sitting to my far left is Mr Dan agar director of engineering and planning and to my far right Chris pereno our assistant planner Nina have all petitions to be considered been probably advertised and all interested parties notified in accordance with the rules and regulations of the zba and Mass General

Law chapter 48 as amended yes I declare the May 16th 2024 regularly scheduled meeting of the zba of the city of Fall River open for such business as shall regularly come before it I remind all persons present before the board including pres uh petitioners abutters anyone in support or anyone opposed to the petition that your presentation should be limited to 3 minutes questions and responses must be directed through

the chair the board's rules and regulations direct the board to specifically look for information which supports the petitioner's claim as such the petitioner should identify and factually support the basis for the petition I hereby advise the petitioners and all interested persons that this is the zoning board of appeals the board's Authority exists personent to Mass General Law chapter 40 a and is limited

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

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

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

policies for public comment we have adopted such a policy which in short provides for Citizens input on zoning board specific matters at the end of the meeting there is a sign up sheet uh on the table at the rear if you care to uh speak at the end of the evening I declare that an official copy of the Fall River zoning ordinance is available at the city cleric's office and one should not and cannot rely on

the zoning ordinance that is posted on online let us begin item number 01 um attorney good evening members of the board Peter solino on behalf of the applicant petitioner for this file I restly move the board to take this one out of order please uh specifically I have a witness coming in he flew from Dallas Fort Worth to Boston and his GPS is indicating 634 arrival in Fall River I have the first two and therefore I'd

ask to take agar one and then move this petition to two please you're going to take a whole half hour on number two I hope not but uh no Jiu-Jitsu tonight we're GNA get right to the point Thank You Kel and that with that in mind item number 02 make a motion we should make a motion can we take these two out of order anyone to make make a motion to that so

move second second motion and second uh on the motion John Frank yes Jim ckins yes oh is this this is not this is on some place D Ricky zah yes and chairman Prairie yes item number 02 hummingbird trust care of Attorney Peter a selino 932 Blossom Road map w15 Lot 23 the applicant seeks a variance to divide the parcel into two lots leaving the existing single family dwelling on the

first lot waving Frontage and sidey yard setbacks and to construct a new single family dwelling on the second lot waving Frontage in an r80 district and applicant seeks to wave the requirements in the wwd district this property is located in an r80 single family zoning district and a wwd watershed Watershed and water supply protection overlay District this is uh continued from uh the March uh 20 first meeting Council

thank you for the record Peter selino on behalf of the owner applicant John Agar Trustee of the hummingbird trust immediately to my right is Jeffrey tomman the engineer on the project and my client John Agar as Mr chairman read uh the proposal is to divide the existing lot which is in our 80 District into two lots uh Mr agar owns the home on what is labeled as lot one on Mr

tolman's plan the proposal is to divide the lot to create lot two uh the intent there is to build a home for his son the uh waivers required for the petition are as follows uh as it relates to lot one uh we need 300 ft of Frontage in this zoning District the proposed Frontage is 13339 on lot one we need to have a side setback of 50 ft and we have 28 ft so

the waivers relative to lot one would be Frontage and setback lot two is conforming but for the frontage um the lot well exceeds the minimum in the district uh the plan indicates a total square footage of 119 650 um so the waver there is the frontage in all of the respects the house conforms to setback there was a prior iteration of this plan that was filed in preparation for the March meeting we receiv received

correspondence from Mr furland uh I think that at least in my view I think we're going to have a contrarian view tonight but in my view we address the concerns by moving up if you will closer to Blossom the home located on lot two um despite that and nevertheless we have a letter in opposition still um and Mr Tolman will address the tography and some of the points in the letter um as

it relates to the hardship component I'd submit to the board that it's the shape and the topography uh the shape is unique it straddles or not straddles but it's right on the line between Fall River and Westport um there's no other access point uh but for the frontage that's there and already non-conforming the rear of the property as the board can see on the plan is odd in the sense

that there's not a 90° angle in the uh top left on the plan and the frontage is also at an angle and sort of abnormal so I'd submit to the board as set forth in the petition it's a question of hardship uh and it's the shape for me uh I'm going to turn it over to Mr uh Tolman so that he can address uh the points that were in the letter from the water supply

board relative to potential runoff and prospective runoff towards the pond uh good evening Jeff Tolman from Northeast engineers and Consultants um yeah just to quickly address the initial letter uh that was um provided by the water department the um the house was initially set back where it's labeled lot two on the current plan um I'm showing a ridg line in there now which is basically a drainage divide towards

the uh an area on the rear of the lot was in which is in the direct Watershed of the pond in another area where um it's kind of self-contained the runoff in that area get selfcontained until it reaches a certain level um where it would work its uh get get to a certain elevation and then ultimately uh drain towards the pond um my my thought is that that generally doesn't happen um

unless you have a really uh you know heavy rainstorm or something to that effect it more than likely uh any water that gets collected in the Watershed towards Blossom Road would just infiltrate into the ground uh there's a couple of small depressions uh located just off the property one on the property a couple just off the property with that would collect this water and um where the water would be stored

infiltrate into the ground so the current house location that we have here is completely in what I'll call the like Blossom uh Road Watershed um it's on the on the east side of the direct Watershed uh that goes towards the pond so we certainly took the initial letter seriously from the water department and and addressed uh their concern as best we can I think with the plan that we have before you tonight um I really

don't think U from an engineering perspective this development proposes as much of a threat to the water um within the pond itself uh just because of the watershed area that we're uh we have everything contained in where previously um we had the the house basically run on that Ridge line which would continue contribute some runoff directly to the pond so where are these uh low points that

you uh there's one uh directly to the north of the house um you'll see an elevation 148 Contour yep um it's my understanding that the city has there's some drainage I don't know if it comes from Redwood Lane um or Blossom Road itself but there's a drain pipe um directly on the property to the north the city of fora property where that water uh gets just open discharged onto that lot and then

it drains down towards that depression area um and again it would have to reach um oh boy I'd have to say it would have to get up to around 154 or so if not higher um to kind of over top that contained area uh so that's a pretty significant amount of flooding and I don't believe that is in fact the case um then there's another depression right on the uh where we have a property Corner um

uh between lot one and two at elevation 141 um that would also contain some of this the runoff from this site um but generally the runoff that we're dealing with is whatever falls on here this uh the area um the area that we have the proposed house is previously developed um and Mr agie I might be able to speak to that in a little bit more detail but there's um was it a a garden or

something yeah there's an existing Garden in that area uh where that house is so it's in area there was an old C path that kind of ran where we have the driveway now to access this area um and there was a pretty significant Siz Garden located there um and those those are the general uh excuse me the uh the lower areas that I was referencing okay out of curiosity what was the reasoning behind the the

configuration here going to the uh going to the West the I don't I don't quite understand the question is is lot one basically wrapping around lot two correct okay yes yes in order to meet area requirements um so lot one you know it's pretty wide at the beginning till you get back approximately 370 ft then it really Narrows down along the north property line uh where we kind of had to bump it

out to get the house location for lot two and then it kind of evens out as you get further to the uh to the West West it comes back 60 ft to the South yep so okay comments from uh from engineering well I mean the zoning District was created for a specific purpose when you read through through the ordinance it it's quite clear for the Environmental Protection of the water supply which is probably far over's

greatest um natural resour absolutely so um Jeff did you do any studies with regards to groundwater flow because I think there's a concern with regards to septic systems and run off and not just surface water run off but where does that where does that ground water flow I'm assuming in order to create that large of a water body to supply that much water that groundwater flow in the direction of groundwater is

towards is towards Pond yeah no no we haven't we haven't gotten into that but uh one thing I would like to say we do understand that in this particular district there are some string uh stringent regulations that are in place that we would have to comply with um if this variance were to be granted moving forward with site plan review uh and and they're and they all basically account

for that uh Factor U you know given the proximity to the pond they're all um basically to protect the environment but they don't as far as I can tell prohibit development in here but they really regulate it to a regulates it on lots that conform to the to the district M that's all I have to add yeah no I I appreciate that and you know we are looking at fairly sizable Frontage setback relief being sought so

um that's a concern to me any questions from the board before I go to the public

okay is there anyone present who wishes to speak in favor of the petition is there anyone present who wishes to speak in

opposition in that case oh I'm sorry yes sir I'm sorry I see yes please identify yourself and your address if you could okay um my name is Mike Leos here I'm the city uh Forester wer reservation and I'm representing the the wer water board and uh the Water Department um the letter that a couple letters that were written I think um describe the the nature of the opposition and basically um the city I I

brought this along I don't know if this is anything anyone wants to look at but this is the 1928 plan for protection of the water Ty of water supply and what it shows is Parcels that by 1928 the city had purchased along the shore of the North wle Pond in order to protect the water supply um on the opposite side the same 1928 vintage is Parcels that were identified that were of concern to the

water department and protection of the water supply and on it is a parcel 226 and this is a parcel uh that on this particular map is is the parcel in question for the uh for the zoning varant um so the point being the city is still engaged in the process of acquiring properties and um protecting the the water supply um case in point just a year ago bought uh about 9 Acres

just two Parcels over from this so um the point would be we rely on the zoning and we rely on the limitations that are of existing U you know Parcels uh as um uh as a means of protection as well so the idea you know grinting a variance departs from that and is um sort of contrary to the purpose that we continue to strive to do we've done done for over

100 years which is to protect the water supply from you know the uh sort of Death By A Thousand Cuts of small uh incremental development and I think we've done a you know the results speak for itself so I'm just supporting basically the uh the points that were made in the letters chair read the letters Mike do you want that letter read into the file T not as well um sure up to you yes

second well the first one was from Mr furland and that goes back to March so that should be read in as well as part of the record so we have three letters uh which I'm sure you've seen at this point uh one dated March 18th dear chairman Pereira the wapa water board is in opposition to the subdivision of assesses parcel W1 15-23 into two residential lots parcel W 1523 is located entirely within the

water supply and Watershed protective District as such it is subject to more stringent Watershed protection zoning this board questions whether granting the variance in fact along uh abreg Ates the purpose of this zoning and May create um I'm sorry an unwelcome uh precedent the creation of a new residential lot less than 1,000 ft from the North wupa Pond the city's primary drinking water supply Reservoir

disregards the intent of the wwd it would introduce a private septic system and other residential generated pollutants to within an unsafe proximity to a water supply as you are aware the department of Community maintenance water division using Community preservation act and other state grants actively acquires and protects from development similar land in proximity to the water supply we also rely on the

present zoning law which is adequate in most cases to pre to to prevent unwise development that poses a water supply threat uh in this present case zoning does not allow subdivision of parcel w 1523 we urge the zoning board of appeals to consider this in their determination uh and deny the variant request thank you for your consideration uh and this is from Paul furland uh administrator of community

utilities we have a second uh dated today May 16th 24 opposition to variance request 932 Blossom Road dear chairman Pereira the wapa water board remains opposed to the subdivision of assesses parcel W 1523 into two residential lots you will note that are this is our second letter in opposition for the same project the wupa water board acknowledges the good faith efforts to by the proponent to consider

this board's position and to attempt to address the water quality concern by relocating the new construction further away from the pond however we believe the prudent choice is to disallow the variants undisturbed Forest areas near the reservoir naturally filter storm runoff and septic uh Beach beets I'm sorry the city has in place many limitations to protect the drinking water supply a proposed a proposal to

build a new home where one is not allowed by right and to wave requirements in uh intended to protect the drinking water supply contradicts public policy and undermines the uh manifold efforts of this board and all proceeding bodies under whose watch um care and the duty to safeguard the North witha Pond have rested for over 100 years parcel W 1523 is located entirely within the water supply and Watershed

protective District as such it is subject to more stringent Watershed protection zoning the board questions uh whether Grant and the variances in fact agregates the purpose of this zoning and may also create uh an unwelcome precedent the creation of a new residential lot less than 1,000 ft from the north of tppa pond the city's primary drinking water supply Reservoir disregards the intent of the wwd it

would introduce a private sub system and other residential use generated pollutants to within unsafe proximity to our water supply as you are aware the Department of Public I'm sorry Department of Community utilities water division using community reservation act and other grants actively acquires and protects from development uh similar land and sex proximity to the water supply we also rely on present

zoning law which is adequate in most cases to prevent unwise development which poses a threat to the water supply in the present case zoning does not allow subdivision of parcel W 1523 we urge the zoning board of appeals to consider this in their determination uh thank you consideration and this is from like Mike labasi who was just speaking we have a third letter and this one coming from City councelor

uh Linda Pereira dear board members please accept this letter in support of item number nine is it was originally it's now item number 02 on your March 21st 2024 agenda the petition of hum hummingbird TW trust 932 Blossom Road assess lot W5 23 for a variance to divide the parcel into two lots leaving the existing single family dwelling on the first lot waving Frontage and sidey yard setbacks and to construct a new

single family dwelling on the second lot waving Frontage of an r80 district and waving requirements in a watershed and water supply protective district there are many other homes within this neighborhood that are located within a comparable distance of each other and in need of additional housing for the city of River I am confident that the applicant will adhere to all all other

requirements to maintain the standards of the district I request you please consider approving this petition of the humming b trust 932 Blossom Road and read this letter into the minutes of this meeting thank you for your consideration Linda Pereira city council vice president any other rebuttal to the letters and no I tried to get out in front of it I knew what it was going to be I've read it so okay anybody else in

opposition they're hearing none I turn to the

board so we have to consider not just the R8 District but we do have to consider the wwd district in making this decision heard cases from those in trusted with the care of the Watershed moove denial of the petition second no denial motion and a second any discussion therefore on the motion uh Ricky sah yes Dana yes James Caulkins yes John Frank yes and chairman Prairie yes thank you

you want to hang around one more I'll be free just do a quick talk thank you thank you thank you Peter has your Texon ridden into town I don't know I've only ever seen him on Zoom but let's roll well it's only 626 yeah let's go you want to wait you still got others you can you can they and table it another sure I'll move to is that all right Ken saying let's go so I

I say let's go is Kim picking up the tab on this one always Kim right in that case back to number 01 this back to 01 Fall River Ventures LLC care of Attorney Peter a solino 95 151 Rob w map Z3 Lots uh 18 and 112 the applicant seeks a variance to construct a subdiv uh substation in order to build a battery storage facility uh relief is needed for use along with a waiver for

uh side yard setbacks to the north uh in an IP Industrial Park zoning District uh this has also been tabled from March 21st and back before us t M thank you Mr chairman Peter solino 550 Locust Street in Fall River on behalf of the applicant petitioner uh as the chairman read the property is located at 95111 robway in the industrial park here in Fall River The Proposal is to construct a battery

storage facility uh my understanding of the technology is that these are self-contained pods when energy demand is low they take power off the grid and store it when energy demand is high they use this renewable energy source to go back into the grid uh the applicant is aptly named Fall River Ventures LLC uh notwithstanding its New York New York address and the guy flying from Texas um

but uh nevertheless uh the proposal is to acquire this property which is I believe the last property owned by the greater Fall River Development Corporation in the park and uh predicated on this approval and some other due diligence they would acquire the property build the substation as depicted on the plan it requires two waivers of this board the first is the setback to the north um in the district

we need to provide a 40ft setback the plan showing 15 effectively that's driven by The Contours of the land and the wetlands which on the plan before you is top left uh it's all wet so the Upland can only be built over there and as you can see the existing culdesac head sort of erods the totality of the lot and requires that design so uh we're seeking a variance for the use because

when you look at the use table this type of use was not contemplated when the zoning bylaw was enacted and we're seeking a waiver for the side setback which would be uh plan right uh again it is showing 15 we need 40 in my petition I've submitted to you that the hardship associated with the petition is the site conditions particularly due and O to the wetlands on the property as well as that

shape Factor as a result of that called the sack in the bottom right hand side of the plan uh as the chair said it is an industrial zoning District so I'd submit to you that this is an appropriate use of property in the industrial park uh We've also have and can depict if we need to a PowerPoint presentation from the client relative to the operation of these things but again high level they're going to store energy

in a battery the battery is in a self-contained pod they have firewalls around them they comply with something called NFPA 855 which is a standard of the National Fire Protection Agency um and my understanding is that after or should this board indulge us and Grant the approval there's a significant regulatory process and inspection through you know fire Mass d and a variety of other Regulatory Agencies and

I only bring that up to address any concerns that could be present relative to the safety of these types of uses okay interesting that that in your application you called out the substation but you didn't call out the variance for the battery storage do you consider the battery storage to be I think the use is the I don't know exactly what the right nomenclature is but does this fall under utility

use it may I mean the battery uses May the actual battery storage pods may be considered a a secondary use or structure to the substation itself um the substation structure whatever that may be whether it's an enclosed building or equipment on a pad um doesn't need relief with regards to setback so so that's fine um I had a question whether relief was even required for for the battery pods but that's that's not my

that's not my real that's for the building department to decide um so I I think in general the the listed request covers what what the proposal is um it may not specify or break down each specific component of the project but I think in uh in concept that covers what they need to cover okay and again that's only in relation to the building department making the determination that relief is required if

you wanted to go the route of utility that's not the way that the building inspector revie that yeah which is the way I would have put it forth do you know the size of the substation pad or the substation area uh I don't can do you have that presentation Chris is this the point I what I ask you to put a slide up you may okay may I please have the

slides they don't have slides in Swansea so all right so this is the presentation that was emailed um and I'll see if I can find you the size of the substation you wing it you going to take this whole uh

just curious I I yeah I do not see that I take it that the substation will revert to the power company once the project is completed that's my understanding based on a zoom call

yes just curious because there is a standard each power company has its own standard and they're usually pretty large this doesn't look large enough so Mr chairman I would offer approximately no greater than probably 30 by 50 you look at the the scale of the battery containers that the dimension that is 28 ft yep one of those perpendicular you're just a little bit bigger than that and you're no longer

than two of them so yep that's why I'm asking no bigger than scaled on the plan the this is a 75 megawatt storage facility it would have to be it would have to be a 115 KV which are usually like 100 by something okay I do see the 75 megawatts in the presentation uh that' be I just want to make sure that they've got this designed to GD spec so yeah right there it's on

the the size is in the top left of that sheet yeah 75 megawatt 2 hour right okay but what we don't have I'm not asking the megawatt size of the substation I'm I'm talking the physical footprint of the substation only because at 75 megawatt it's most likely a bigger substation okay all right if your guy flies in from Texas and says no that they you know they're building to the to the National Grid spec I got

nothing to say okay all right I just don't you'd have to come back you'd end up losing some storage so some battery storage if you had to come back and and build it to a different specification okay all right doesn't change the setbacks but um where are we in front yard setback on this one Peter um the engineer did not flag that on the plan so I don't think we need Rel

back okay yeah the weap resource area too yeah I didn't even think of that any other questions from the board at this point going to poke through this a little bit more anyone else I know it's our first one I have a question everybody in somerset's watching right now I have a question yes sorry you first um just curiosity I know you're not the engineer on it but it does it uh discuss anything in your

presentation about uh noise is there a uh fair question is this a substation generate uh a lot of times they generate noise uh sound humming so on and so forth and I'm just curious about the it does mention I'll give you a hint your inverter generates noise sounds good that's my answer um so yes I I think yes probably there is some noise I do not see it addressed in the

PowerPoint um they talk a lot about the safety component but not so much about the no and the benefits of course but I don't see anything about noise no pollution um you know renewable energy but I don't see anything about noise any other questions that I have are going to be directed to the engineer when he gets here you have a question I do and maybe attorney enough the answer do you know what

um what surfaces proposed for underneath this entire construction is it on pavement is it on Stone and I'm just think I'm thinking because there's other permiting that needs to take place the Conservation Commission and site plan review so depending upon what that surface is there could be the need for storm water management facilities and and when I look at that a question I had

was did the engineer contemplate at all asking for a reduction in the front yard setback not the side yard setback and bringing as closer to the street giving you room between you and the Wetland and theoretically bringing what may catch on fire closer to the street it may be easier to contain if you've got a way of contacting the engineer see if he's on his way so that we can maybe postpone

some of this discussion till we can get that input I know that in the the PowerPoint Chris if you can go forward they did send a picture of like a similar facility but you really can't s so similar facility is in the back corner of this not the building so I don't know if you can zoom in Chris but I don't know if that represents concrete Crush Stone containment system or or what this thing's being built

on and again not necessarily I don't think you have an issue with lot coverage because I think we can be to 70% so I think you'll be okay with that U but just an overall development I don't want to I don't want to have a create an issue where the Conservation Commission forces you to come forward with the construction and you got come back here understood so maybe I can

address that a little bit so I think what again in terms of this particular project there's a couple things that we need to keep in mind here aside from all the benefits of this project and the fact that these have been cited continuously throughout Massachusetts you know some of the issues uh that we're discussing here with regard to noise and Conservation Commission others one let's keep in keep

in mind that this is an industrial park right so these types of activities are noise activities are prevalent throughout the park itself because by virtue of the companies that are up there the there's noise there's noxious odas there's traffic there's truck traffic there's employee traffic there's all sorts of noise uh associated with the businesses that are there this particular building although it might

have some noise it's not going to have any employees per se so it's not going to be populated by trucks so it's not going to be populated by employees driving to and from the uh to and from the business itself uh secondly with regard to U Mr agar's questions I think those are going to be addressed during site plan review right right but what happens is suppose you may need to come back

that's fine if they have to come back they'll have to come back right I think for now we got to look at this from the zoning perspective and the approval perspective for that there's going to be a lot of other approvals that are necessary here conservation approval Conservation Commission approval there's going to be site plan review approval there's going to be Department of Public

Utilities approval there's a whole bunch of belt and suspenders approvals as we move this project forward so they may have to come back if they didn't do their diligence and in laying out this facility could handle it now so they don't have to well I don't I don't I'm not even sure that there'd be there'd be you know I'm not sure what type of engineer was actually showing up right

I'm not sure if he actually was involved in the sign of the uh the um development of the plan itself or the operation so I think from from that perspective I think we got to go with what's before us we would be helpful if he was here absolutely the fact that he's not here I think we just got that to you know rely on a process and the process will be to

the extent that it's approved tonight uh they'll have to go through the local approvals if there's amendments or changes that'll have to be done they'll have to come back you know I just don't think there's any other way around it holistically when you look at this project I think it's very important to keep in mind that this is primarily driven by the fact that both the state and the country um moving away from

fossil fuels and these electric battery storage facilities are very important in terms of the storage of electricity when electricity may be wasted during times when you know the wind energy or your power plants or others are actually producing too much energy and it's being wasted this type of facility will capture that energy and then when it's needed in Peak periods where the where

the wind farm or the solar farm or the power plant can't keep up they will insert electricity back into the grid to help smooth everything out so ultimately it's going to be a help to everyone residential uh commercial retail uh as well as industrial users uh throughout the area and I think it's something that when we look at where it's located in a park the fact at least to my knowledge

there's no opposition from any of the abutters um that are that are close to this facility I think you know it's not much different than a solar farm that we have out there in terms of the generation of electricity and and re recycling it back into the grid this is going to be a relatively isolated facility a long robway not impeding or intrusive upon its a buddy neighbors and

again I think it just plays a very vital role in the overall um delivery of electric throughout the region I can also report to the board that the gentleman's indicating that he is parked and walking over there you go good vamping Ken no I I I agree Dan I think it's kind of unusual that we we left that and we push this back toward the Wetland area and it might be for a reason I don't

know but to me if the intention was to provide a screen along robway I would rather have the not have the thing not 15 ft from the property of butter and Grant relief to may be they may yeah they may also if that's the case they may also need some Covenant relief relief as well from the industrial park covenants because typically they like to have some screening and even like with that 15 does the fire

department need to drive around the edge of this thing because 15 ft doesn't give him the room to do it so again I'm I'm trying to circumvent issues and if we can resolve them now then we can resolve them now I told the guy to run literally he said walking over and I said okay run I don't know if he's a runner but we'll see and I apologize we see how how the

breath he is when he gets W be able to talk for five minutes cowboy boots always slow you down you think he has cowboy boots on that'd be exciting for Fall River you know just just another Point here I don't know if if it's in the power point if you can pull this up but um Chris do you have that capacity like the second to last page here talks about

the number of fire yeah yeah well I'm just saying when when you look at it in comparison to other other types of uses it's a relatively safe the number of fires is is it may be comparable it's but being able to contain the type of fire is something completely true plus the fact the number of gas stations outn the the there were thousands of more gas stations than there are best systems out

there right now and millions of more homes so please this is a crazy this is a crazy analogy I'm I mean again I know very little about this but at least reading through this I do see that they have a suppression system question extremely safe facility self contained so hopefully they can respond to those items but I thought the percentages of and again my sorry my eyes are bad but what were the total number of

facilities and how many fires in in the a Chris sorry what the total number of facilities 794 794 185 18 years 12 years all right here he doesn't have cowboy boots on I said you're F from Texas might Havey boots Dallas okay Dallas yeah Dallas is f Dallas was Austin you'd be wearing Berk all right so uh for the record Jonathan O'Hara uh he's part of the development team on the project and uh

so John to bring you up to speed the questions I think on the table relate to what material is under the system is it pavement is it built on Stone is it so it's typically a steel skid uh that houses all of the units on top of them and then that's on top of a concrete skate size of just underneath is it all built on dirt there it built on pavement

concrete Crush Stone so to to be fair it is optional um so the the system itself is basically a bunch of units that are combined that kind of look like refrigerators they're attached on a steel skid and then that steel skid is on top of a concrete skit that can sit on gravel typically it's gravel just because it what's proposed here because you're going to right here it's gravel

right now grael yes sir so you're using a pre-cast a pre-cast concrete base underneath the effectively yes okay or well see cast in place or it's it's pre-cast we have Frost tees in New England so um I understand I mean they they basically come off the truck on the steel skid that's the idea they're super bolt it's bolted down to a concrete foundation that probably only extends what to the

point that you've got some type of entry doors to to service this thing that's correct it's really just a cabinet it'd be like opening up the electrical panel in your house you're not able to go in it you're just interfacing right there it's a locked cabinet okay um size of the the building building yeah each one of these is how large well the units are 5 by 28 there was a question about what the size of

the substation is because it wasn't dimens the substations are typically roughly a 20 by 20 by 20 uh Cube so there's to here so no no sorry just the the on-site the the main power substation yes right there yeah it's typically a 20 x 20 uh Cube and then there's some room for um so is this so this isn't a cube actual the unit itself that sits in there this pad that's labeled substation

I have to double check I'm not sure uh don't have that I mean I just scaled it roughly but we didn't know if you knew exactly what the what the amount was it look something like 30 by 40 it's basically uh there's there's a uh area in the ground that's typically dug in a few feet and then it rests inside that so it'll be slightly larger than the 20

x 20 so it's really not a full sub station is this just a Step up Transformer that put line so the the uh Big Blocks that you see are the battery units and then those blocks that have uh a black base on them those are medium voltage Transformers those step up the voltage typically to a 34.5 KB and then the substation is ramping it up further to meet the uh grid level voltage

where's your inverter it is built into the uh PCS which is the uh power control system which is both an inverter and a medium voltage Transformer in one and those are what those little black uh dots are okay they're all included okay and only the question I had was was any consideration given to bringing this closer to robway eliminating the need for a sidey yard reduction of only 15 ft closer is there

a reason why I mean I see that you tried to meet the front yard set back yes and but reduce the side yard set back could we could you theoretically take those units on the Northerly side of the project yeah theoretically there there's no imposition for us uh it's extremely modular system so we're trying to conform to the I'm just trying to picking of in a butter yeah certainly if

if you have recomendations if there's is there a need for fire protection for Access around these so because 15 ft doesn't cut it I would think I've never put out a fire in my life yeah so these systems don't know whatc anyway excuse me I don't think you'll be putting water on electric no but I I think the fire department has other apparatus and different types of material to place on a fire so You' like

to make a comment by all means address it through the through the chair and give your name and address but um so okay it was just trying to think of different hurdles past this and like a Conservation Commission which may say hey you're pretty close to the Wetland I don't know what that Dimension is but probably 30 ft from the Wetland so if they do need to drag you forward M you

could kill a few different birds with one stone certainly by asking for a front yard setback I don't know if the board can can do that now without it being advertised but it could have been could be an option I guess and since this is obviously more of a a zoning Focus right now we absolutely can take those into consideration those notes so for example if the fire truck needs a

different uh access with we can work with you guys to shift things around a little bit to work on that typically we build 15 to 20 ft and it's very specific to whatever units are in place by the local uh fire department okay is this do you have other installations in place in Massachusetts right now I know you have a map that shows a number of dots no sir we do not

personally okay but the other units existing similar there are a number of units in the state um they range in sizes uh what you'll see is some of the larger units have gone uh through permitting recently and those are in the process of getting built if not completely built already uh those are notably larger than our systems um but again these systems these are all utility scale meaning that they connect

to the grid uh but they do vary in size and they're actually incented by the state to spec specific um funding programs in place to facilitate the construction of these facilities jury it have you filed for your uh your interne interconnection agreement yet no we have not yet okay so you're going to end up in the cluster study then yes that is correct you're not going to get on air in 2025

um okay doesn't matter it's not a it's not a special permit so they won't have to come back um as long as they act on the variance corre still be good but they act on it within the year right if that's something that concludes so y m I mean if they get an extension I'll come back I don't like the sound of a cluster study that starts with cluster give me give me a call tomorrow

I'll I'll explain it all to you um okay questions from the board at this point Mr chair I don't think I just m I'm not sure if it matters or not but I didn't identify myself before I came to the table so just for the record Ken Fiola Economic Development U excuse me Bristol County Economic Development Consultants so never forget who you were sorry all right any other questions from

the board at this point anyone here wish to speak in favor of the petition anyone wish to speak in opposition they hearing none is there anything else you'd like to put on the table at this point I know you've got the other PowerPoint do you want to bring up anything on the PowerPoint John have you guys discuss it all we address the zoning component we address parts of it there were those specific questions

for you that you've answered so there's nothing more for me but I'm happy to answer any questions you guys might have and mo approval okay second this is obviously within subject to site plan review and I would also like I would ask you to include in that uh review by the uh by the fire department

I accept that Amendment any others that you can think up down because it's going to get picked up in site plan site planie they're going to go through order conditions intent filing through conservation and we would through site plan review send it to the fire department anyway that's fine I just want we have okay any discussion on the motion they're hearing none Ricky s yes J yes James yes John Frank yes and

chairman Prairie yes thank you thank you go get some Portuguese food item number 03 Rodman Oman LLC attorney uh Arthur D Frank Jr 117 and 125 card street map E9 Lots 7 and8 the applicant seeks a special permit per 86- 423b of the city of all his zoning ordinance to divide div the subject parcel into two lots with one existing single family dwelling on each lot waving dimensional requirements Frontage

setbacks and lot coverage in an ra8 single family zoning District this has been uh continued to this meeting from the April 18th meeting good evening good evening Mr chairman members of the board Madame clerk Mr Peno uh for the record my name is arther Frank I'm a lawyer with an address of 209 Bedford Street for Massachusetts I represent your petitioner man Omen um with me is Mr dudo representative of the LLC you

recall Mr chairman that the the board had some specific uh comments about lot lines on this plan and I believe we've Incorporated all of the things that were of concern both by Mr agar he had some questions about trying to get at least one of the Lots up to 8,000 square ft which we did there was a comment from a neighbor who said said uh people living in um 117 if they had families there

they wouldn't have a place for the children to play as you can see we've extended the size of that lot uh there was also a comment about a common driveway we've removed that so now uh 125 is going to have we'll have to get a curb cut obviously but it's going to have its parking off to the side and the driveway is just going to be used for 117 um I believe that we've um satisfied

all of the requirements uh for the special permit again the only change besides now that uh that 125 is going to have its own uh curb cut uh is that you're going to have potential ownership in two different people rather than in one entity I also spoke with Mr furland at the chair's request there was so there was a question by a neighbor about uh some ice forming on the streets in

the winter time Mr furland told me that that's a low area and that he wouldn't be surprised if during a downpour the street flooded and he said in the wintertime if the catch basins were clogged he could understand there being water Sur surface water around the road and possibly freezing but he had no record of any problems with any of the piping in that area and he also didn't have any

complaints lodged uh with respect to any of the subsurface uh pipe typing uh in in Carl Street so I think we've we've tried to answer all of the board's questions Mr chairman um if there if you have any further questions I'd be happy to try to answer them I appreciate your attention to the items that we brought up thank you anything else from the board at this point anybody in uh attendance this

evening that wishes to speak in support of this petition anyone wishing to speak in opposition to the petition yes lady and tan can go first or whomever I'll have my daughter go first okay all right my son also just identify yourself in your address please for the record my name's Rachel mcgard uh 64 Cherry in I am one of the owners of the property immediately North uh Jason shares a prop with 117 cwl

Street I have a couple of concerns here we've come before this board many many times over the years the long-term intention has always been to get a third house on this 15,000 acre property it's been um brought before the board and over and over again we've been able to um prove that there really is not the three required elements for the hardship to be granted and the variants to be granted according to the m

it's one big property there there are two houses on it I understand the desire to want to separate them but what I see really happening here that concerns me most is that tiny little pinch point where 117 would have to diagonally go across the neighbor's yard almost to get to this large other rectangular section and while I can't quite see the dimensions on the map here it almost looks as though we're setting up the

three lot that's going re for you know right along so I could see what we're doing is we're creating something that's actually referenced in the mgl so mgl chapter 40 section 10 A2 mentions that there are circumstances that could certainly qualify for a variance and separating a lot and one of those is a unique shape what we're doing here is we're actually intentionally creating that hardship and creating that

very un that's actually referenced in this section first I've read of it as a pork chop lot so it looks like we're creating a pork chop lot here and and I just think if you imagine someone building fences where the proposed boundary is I don't know that there's enough room in that pinch point there really to effectively get a ride on tractor or send your family members through it

almost seems like you'd be sending your family to some other yard far away that you couldn't even see and I could definitely see setting up a future hardship so we're taking one lot that currently is mostly conforming 15,000 s ft two homes and an R8 it should be 16,000 and while we're trying to give one home eight I would be more in favor of a division that would not be creating

this kind of a pork chop lot or a lot that later would need to be divided because of its unique shape so I think you know when they talk further about the shape OD or unusual shape that's not uh an a usual uh with me tiny I'm getting older but one that's ultimately not conforming with the shape of the lots of the rest of the neighborhood and so we're creating that here and I don't

think that's the right thing for us to do in this neighborhood you can definitely see that this is just again step one a two-step process to get a third house on that lck it's an R8 neighborhood 8,000 ft per home these two should have 16,000 mind they don't and I I definitely am not in support of breaking it up in a way that creates the pork

job umon car street yes um right across the street actually and U my question is quite literally I don't know if there's a way that we can actually um what is that dimension in that that space because that is ultimately my biggest concern which which space are we talking that's the pinch point where everybody keeps talking about the pinch Point somebody tell me where it is that is creating a walking well does

that eventually the boundar 180 17 so that's 80 ft that's 73t so it's 7 ft good point right I'll respond so please what you need to understand is that was before the zoning board tonight is a special permit under Section uh 86423 B that allows for the subdivision of a parcel that contains two dwellings two dwellings on a lot is a non-conforming condition so we're eliminating that non-conforming

condition that's what the petition is today petition is not to create a third lot it was requested by the abuts that land area be tributed and added to 117 so that the family had a yard to use as you've seen them use in the past the location of that line and what you call a pinch point is so that the way the location of it is so that additional relief with regards to the setback of

the structure on the adjacent property additional relief is not required for that for that law as well now the petitioner has the ability at another time to come before this board but what I would offer is allow the board to act pursue the law and and do their due diligence they can only act on what's before them today they can condition this approval to eliminate the ability to come back at another time so

although your concerns are raised with regards to shape topography this petition does has nothing to do with shape topography soil conditions any of the grounds for granting of a variance because this is not a variance there's no hardship that needs to be provided here okay um and and again the the dimensions are pretty small I'm sorry for popping back up again which of these Lots has the uh what is the square

footage the final square footage of 117 and 125 it looks like 125 you want to give her a copy of the plan show where the numbers are these plans are all on file at at the office at any time if you want to come look at I have here you want to give one of these lot one has 7,669 ft 7000 lot one lot two has 8,26 okay so so with that tiny pinch

Point again we could the same we achieve the same split of attempting to have one lot conform with 8,000 and the other with seven by moving that um what's going to become the the the rear boundary of 125 a little bit closer to 125 and making it not such a tiny pinch point there so we're giving the we're giving the pork chop 7,000 and we're giving 8,000 to the perfect rectangle

I'd like to see that flopped uh you know swapped so that we can have a larger access point between those two I definitely would um ask if there is a way to put a conditional approval on a special permit that that not be a lot that could be further subdivided in the future that would be it's um lot lot one is 7,669 square feet so it's it's almost 7700 Square F feet they need 8,000 they

have more than 8,000 on the other lot so they're both very very close to being conform Mr chair I'll s at no further subdivision of of the Apostles you can put that in F subdivision there you go is there an expiration on that kind of a provision no no that's it becomes it's on it runs with the land yep also and then also understand that there's only 26 Square ft in excess l so 26 ft

is one foot attempt to get by by 26 so that maybe they could make it an extra foot but I I don't see the purpose in in doing that and and actually what is that dimension in the PCH point it's they were concerned about this trying to hold a trying to hold a set anyone else in opposition yes yes um I actually amre I'm sorry my name is Dian FAL I

live at 11 col I've been on the side of this property for 44 years approximately 6 or8 feet away from it my house is from this property so I know every single thing that happens with this lot and by the way it floods all the time the city comes on a regular basis to suck out the basins because they that's going to change nobody's building said nobody complained we've complained for years and years that's

not a Zone issue right um but just on that note because it was referenced um I I agree maybe the best thing and and I know these houses and the properties if they could actually take the back porch and just move that to the other side where they're going to have the property also not within the that would give them additional so that they can drive the tractor through they can do you know if

they could just push it closer to the for the first house the first house so that it wasn't such a you know rular thing that's not a zoning issue ma'am that's not it's not a zoning issue no that's not a zoning issue there's no minimum width of what that pinch Point needs to be I mean it it's obviously greater than four or five feet probably closer to 7even feet if I would have to

guess um it's really not in the perview of this board to to have a specific requirement I just know that again my argument was people need a place to breathe and and and they tin correct correct so but you got to actually let them be able to get to it too but but they can that was all that was all my point was they have adequate access okay anyone else in opposition any

rebuttal from uh the applicant at this point just what I already reiterated on the record Mr chair put put in a restriction thank you Council you need a ification with this s special commit y so I would make the motion um that this is not substantially more detrimental to the neighborhood okay we have a second on that second Motion in the second discussion hearing no discussion John

Frank yes Jim ckins yes Dan de yes Ricky Sahar yes chairman Prairie yes it's part one and part two is that um I mve that we approve with the stipulation that there is no further development on this slot no further sub F subdivision I'm sorry no further subdivision on the lot lot one actually either either yeah that and a second discussion Ricky sahti yes danar yes Jim ckins yes joh Frank yes chairman per

yes thank you thank you item number 04 hqv homes LLC care of attorney Mark 11 uh 150 Purchase Street math no8 lot 49 the applicant seeks a special permit to convert the pre-existing mix use commercial and residential building into five residential units waving area lot coverage and setbacks and a BL local business zoning district and an aod Arts overlay District uh this petition was

was uh previously taed in April uh on April uh 18th 2024 we have a letter on this one

y we have a letter to our clerk Nina Krueger dated May 8th Dear Miss Krueger first I wish to thank the board for their suggestions regarding the matter that was heard and continued on April 18th 2024 enclosed here with please find my client's check in the amount of $500 for the continuance based on the board's recommendations and my discussions with Daniel agar my client request that the matter be further

continued from May 16th 2024 to June 20th 2024 uh meeting um my client has prepared an amended application to add a special permit requ request to Wave parking which requires the advertisement I am told by Mr Agia that this was uh permitted uh to not have an I'm sorry that this was permitted to not have the applicant lose the initial filing fee for the special uh permit applied for I do not plan to

attend the meeting on May 16th unless you let me know prior uh that the board will need my presence my client upon approval of the continuance will pay the filing fee of $500 that would be submitted amended petition prior to the May 15th meeting uh so that we can make the advertised June meeting Mark 11 Esquire Mr chairman I move that we Grant the U actually continu to oh I'm sorry would

it be considered a new application really just a read advertisement but if we need to check one box we can check a box that I would consider it Con continuance we just we're just we're amending the original application yeah I mean it was it was all a special permit he just did not add yep we will advertise all right we have a second on second on the motion then John Frank yes Jim

ckins yes J de yes Ricky sahti yes chairman per yes so moved I was going to add that we W the fee isn't there you can do that if You' like for the additional table he tabled it to this one but I thought he had we had to well that's what I'm saying if you would like to do that you can going amend don't we normally yes yes we wave the the Fe the additional

table the additional table Yeah we will pay the advertis second I would amend that to our motion the original motion all in agreement on the amendment of the original motion I where am I five 05 05 Rodman LLC care of attorney EOD D Frank 15 star street map c08 Lots 36 37 and 38 the applicant seeks a variance to divide the existing parcel into three lots leaving the existing dwelling on one lot and

creating two buildable single family lot waving lot area setbacks and Frontage requirements in R single family zoning District uh this was also tabled from the April 18th meeting good evening again Mr chairman uh attorney Arthur Frank 209 Bedford Street for over a mass uh when we were last here I think the chair had some specific things that he wanted to see on a revised plan uh we

sent it back to uh Mr garety I know he had an opportunity to sit down with Mr agar to go through with some of them and then I sat down with him and I think one of the things that the chair had mentioned was that the the setback the sideline setback on Lot C was only 5T Cher said I'd like to see that push back a little bit we did we split the

difference and now it's it's 10 ft on either side of that house uh we now we still have we we can meet most of the other setbacks um each house has the U off street parking required uh again this was a petition that was granted years ago and at the time we followed all of Mr bisco's requests to um exercise the variance we thought that that was done Uh current building inspector was uncomfortable

with it and asked us to return so we did return and now we have returned with a slightly modified plan and I which I believe Incorporated all of the questions this board had at the last meeting believe you are correct are there any questions from the board at this point looking at the pass relief that was granted nothing else anything from engineering just that um if you do see fit to move the project forward that it

should be in accordance with the submitted plan specifically the house sizes de sizes lot coverage um which lck coverage is one of the issues we asked them to accommodate so um they they do have one complete package here that handles all the that they need but should be specific to this plan agreed anyone here to speak in um support of the petition anyone here to speak in opposition to the petition

sir my name is Floyd haes I live at 37 star Street PA River and I had a concern that if the properties are going to be with full basements or that yes both basement yes so off to Street park but off street parking right yes each house has two two parking spes you're not going to tear down the garage that's St no existing house the existing house will have a garage and two additional parking

spaces see how they they show those two rectangles you see the two rectangles those two rectangles right there coming off the street so the garage is going to stay yeah the stay the garage will stay and there'll also be two more parking spaces so that I don't know how many how big the garage is I don't know whether you can park two cars in there or not you can four cars four cars it's pretty

big point is there driveway space for two additional parking spaces so they've noted that Lot C will have the two spaces just off the street okay okay anything else sir no that's going to be it okay thank you anyone else speak in opposition or any questions from General Public you hear none I turn to the board I move approval uh based upon the exact specifications as submitted in the

proposed plan very good have a second on second this is site plan R have a question D do you have do you have another question Oh I thought you did okay uh therefore on the motion John Frank yes Jim Caulkins danar no Ricky sah yes chairman per yes got thank you Mr chairman board thank you have a great night and at uh 7 15 16 we have hit new business number one number

one now we can start go in realy trust care of Attorney Peter acelino 644 and 648 Rodman Street map I 20 Lots 714 and 15 the applicant seeks a special permit per 86- 425b of the city of follow the zoning ordinances to demolish two existing non-conforming stru structures and construct a new 60,000 ft building with the same non-conforming setbacks as the original structure of the applicant

also seeks a variance to allow manufacturing and warehousing in a BL local business zoning District this one has the frequent flyer miles certificate for been a couple months the last 12 months May to the punch Mr chairman itation 11 that's my Jiu-Jitsu that's your Jiu-Jitsu okay um so Peter selino for the record on behalf of dwin realy trust with me is Mr tomman of Northeast engineer as the engineer on the project

uh the applicant is also in the audience Peter Humphrey uh the proposal as the board knows uh is on a site that has come before the board many times uh none of the buyers have closed the transaction and therefore none of the other projects have been built the site is currently under agreement uh as the petition indicates it's owned by River Trail condominium LLC Mr Humphrey is a buyer pursuant to a purchase sale

agreement uh the proposal is to demolish the existing structures to reconstruct a 60,000 ft building on the site we've indicated in our petition that there's going to be some light uh assembly and or manufacturing uh as well as a warehousing component um there's obviously retail is allowed by right in the uh commercial business district um as far so number one uh variance for use is the first request and second um a

special permit the special permit request is that we're seeking to reconstruct the building on the existing non-conforming lot line and uh under the section cited in the petition that requires a special permit so I can turn the presentation over to Mr Tolman to go over the engineering components and our site circulation but at a high level I'd submit to the board as we've heard on

many different petitions that this site needs to be developed uh something needs to happen here Mr Humphrey is a good operator that owns hor mill work in Somerset and he's excited to uh come to Fall River and use the site for his business purposes um and we think it's a good use of the property okay just to quickly go over the plan what we're looking to do um and

this is similar to I want to say the last one or two um variations of the plan where we had a big addition going on the 10,000 foot building located at the corner of Lawrence in Rodman um with this proposal obviously we're taking down those buildings um you know obviously the the there's been a few people to look at the property um everybody does an evaluation of the buildings um basically has come to the

um I I come to the position that they're not worth saving um it it's too much time and effort to do um so what we looking to do obviously is to knock them down but to still hold the building lines the non-conforming building lines that are in place um and use them to our advantage citing this building on the property um so it' B basically be a reconstruction um along Ong the same

lines meetting the same I believe 5 foot setback along Lawrence Street and the same um like it's looks like it's a couple inches off of Rodman Street um so we want to hold those lines that the the parking uh layout that we have is similar to what we had on previous variations of this where it would be along the the rail trail um we are providing enough parking I believe to

satisfy the um uh you know the the city ordinance um um I do believe did did we request um reduction on parking is part of okay so there's enough space here and it's all going to depend on the ultimate breakdown of the building uh in terms of how much it's going to be for retail how much is going to be for warehousing and how much is going to be for manufacturing that's going to drive the

uh the amount of parking that we're going to uh be you know that we're going to require to have here um but there are sufficient room um on the property to provide the necessary parking and with this proposal unlike on previous ones what we're looking to do is to put uh an access drive that goes around the entire building so that trucks could pull in off a Rodman Street work their way

around to a loading area at the rear of the property on the North side um load there and then just pull out onto lawren Street opposite the the the incinerator um that's a know basic overview of the plan be happy to answer any questions that the board might have so the there there will be a retail component here as well some type of showroom showroom yes I really have no questions on it I

think I no okay Jeff Tom is the only one in this room that knows this a lot better than I do right now do you want come on out sure we'll introduce Mr Humphrey Peter Humphrey the applicant The Man Behind The Proposal he can answer plan specific and operational questions uh we operate a business forever now called remodel as Outlet MH um there's a fair chance that when our lease ends that we may need to find

another location to move to and this is a um preemptive move so we're not put out of business if our landlord decides to do something different with his existing building as as seems to be the case over there right now so good move um okay no nothing other than I think it's been discussed that there's been no relief requested with regards to parking parking setbacks Landscaping any of

those things so the only relief you're dealing with is is the construction of the building and the use so okay hopefully no other additional relief is is needed anyone else on the board questions uh hours of operation just going to be a is it three shifts or is it going to be just a one um it would be a one shift operation I can't see it going before 7

you know and closing by 6 at the latest just it's concerned about trucks in and out for the that whole residential neighborhood that's started up across the street now next to the incinerator next to the incinerator but would you need seven days a week or what are you asking for um go big yeah seven days okay 7 7: A.M 6 p.m. yeah okay you want a 6 a.m stop

sure six to six six six to seven seven days a week six to seven seven days noise ordinance and things like that handle normal signage delivery and all that kind of stuff so normal signage on the side of the building yeah I mean it's in the BL District so there are signed opportunities if the specific side that you want that doesn't meet those requirements you'll have to come back you have to come back right I think

that's that's a little further down the road sure you should I I I think those options in the bail are fairly generous so should one of the past applicants had something kind of nice cleared drafted up just please build it no pressure no pressure now we respect your company and it's uh this will be a nice addition if we uh if we if we clear the last hurdle here anyone wish to speak in favor I support

Mr Tony thank youon uh anyone to speak in opposition they hearing none turn to the August make a motion to Grant motion to Grant I'll second as uh as drawn as drawn sure as drawn hours of operation six to seven seven days a week yep very special commit is required so bif foration you should yes to make com motion a motion that this is not more detrimental to the neighborhood second

combine that with your motion with my motion to Grant second is is also any discussion on that thank good catch but there's a special permit and a VAR we'll do the variance after get all the special special permit first Ricky s on motion Dan yes Jim Jim ckins yes John Frank yes chairman Prairie yes and there is the matter of the variance I'll make a motion to Grant the variance for manufacturing warehousing I'll

second motion and second therefore on the motion John Frank yes Jim cins stand yes Ricky sah yes chairman Prairie yes thank you thank you be newest location far I'll I'll be looking for the bulldozers out there item number two a LLC care of Attorney Peter A selino 222 montop street map G13 lot 33 the applicant seeks a special permit per 86- 424a of the city of Fall River zoning orats to convert the existing Warehouse

structure into two residential apartment units the applicant seeks uh a special permit to increase the existing non-conforming lot coverage uh in an A2 apartment zoning District thank you for the record peterso 550 Locust Street on behalf of the petitioner applicant uh the owner of this property is a a t LLC uh as the chairman States and as the plan shows 222 montop Street currently

on the site is an existing garage which is depicted on the plan uh top of the site and then a warehouse style building to the far right of the site The Proposal is to convert the warehouse style building into two residential units effectively making it a two unit Department building in our proposal we've indicated that we can provide four off street parking to per unit in the parallel fashion along the lot line that

currently exists on the bottom of the plan uh I'd submit to you that this is entirely consistent with the neighborhood it's sort of a unique neighborhood I drove through there today but uh you have a very sort of mixed use style of uh neighborhood it's an A2 District I think the proposed is entirely consistent with what's uh appropriate for the neighborhood um I really don't see the detriment so I'd

submit to you that it's not very detrimental to the neighborhood it's a good use of uh an abandoned warehouse and I think it makes sense and they're ex they are renting out stalls in that existing garage yes chairman uh the neighborhood uh folks in the neighborhood rent space in that 11 stall garage so if you have a motorcycle and you're not going to use it you can rent the space for my client and he

allows you to keep your motorcycle in there and that's still intended to go on yep very good questions from the board so all commercial operations will be halted correct looking at residential only on this site now that is correct well we do consider renting space in the garages I thought about it after I said it I mean it is that that is a commercial sorry Mr tomans wants to add something the store

gar consal considered commercial I know I thought but but there are no commercial uses going on in not a mechanics uh there's no no work no commercial use just the GES areed consider

thatal and for the record that's Paul Alber Paul albernaz is the owner of or one of the owners of the LLC that's the owner of the property how do the grage get assessed right now do you know anybody know I do not as commercial or do not know is the card let's take aare just just we're going to label this a commercial use and taxes are probably going up if it's considered a residential Gage now so

just know that's coming it may be considered neor is that uh is that fence going to come down the gate where is that going to stay the f is coming down it will more than likely be replaced with something that will not be as high that's consal now um it's classified as commercial Warehouse I'm guessing they probably don't address the commercial warehouse huh building style warehouse

and and Warehouse style building so it would appear that the garage is considered commercial you can condition that no commercial use other than the commercial no expansion of the commercial use of which I don't think is correct I I I consider that I don't want to step into the assessor purview at this point everywhere else I'll step okay any qu any other questions from the board comments from

us yeah I mean I still have an issue about the the commercial use of the garage because it's labeled as existing 11 stall garage is not labeled as existing commercial building um technically if it's a commercial building it should have its own parking it should have a number of different things so um the board may want to reconsider how they look at this now it's not necessarily how it was

presented it's kind of like was my original concern is that if this was going to be a business uh technically is so but it's rental properties all the way through so I'm I believe it's considered parking garage non-residential

yeah we're talking about how it's defined in the assessors records at this point and Sh as commercial well I would just add and offer that my client's willing to accept the condition that no commercial use be you know committed within the 11 stall garage so it's clear and transparent that is intention is to rent stalls to Neighborhood people for storage of things but if it needs to be conditioned

upon you know no Carpenters do work or no machine if it's commercial use you would have to have a commercial entity that maintained it operated it paid taxes on it do you do all those things or is this personally owned well LC it's owned by an LLC and it was recently acquired um March 14th what's what's the intent of the LLC what's the what's the purpose of the LLC probably to hold title of real estate

but General yeah I don't think I have the articles of organization in my file but that entity owns several other properties in okay Mr chairman just a question to Dan um in and of itself just by renting out spaces is that considered commercial I would not consider it to be okay people do it with not you could decide to use all 11 spaces themselves if he chose to but yeah right okay but the

fact that it's being rented I mean that that's not considered commercial but I don't think it's considered commercial okay I mean if it's considered commercial the building inspector may require it to be sprinkled it may be required floor drinks in so opening up a big can of worm I didn't bring that up that that's what the applicant brought up it's all on one lot there's no division of a lot being made it's

residential property being rented yes it's all on one line wait looks like to me so you make a motion we second it yeah are we ready yeah we're ready I'll make a motion to Grant no further subis do that uh that it's not going to be more detrimental to the neighborhood second okay and that's with the approval as well correct uh with the approval with my approval no further subdivision site plan review

okay a motion in second in that case on the motion John Frank yes Jim caulin yes Danier yes Ricky Sahar yes and chairman Prairie yes thank you best of luck all right where are we item number three Joshua cavalo kov Attorney Peter aino 29 est's Lane m d04 lot 15 the applicant seeks a variance to demolish the existing structure and construct an 8 unit storage structure waving use lot

area lot coverage and all setbacks in the single family zoning District good evening for the record Peter S on behalf of the applicant Mr cavaro uh Mr cavaro has a purchase and sale agreement with Mrs Andre to purchase the property so that's why my application indicates that she is the owner and he is the applicant um this site I'd say is my most unique site of the night in terms of shape um

so obviously the shape is very unique the CMD district is across the street as you see uh on the well you don't have the whole plan there but the zoning line runs through the street so the uses across the street are all commercial the so the subject is a single family uh is in the single family Zone the CMD district is across the street to the north um there are several construction

uh outfits to the plan uh top right you have uh a limited CMD district with a power company land and you have an R8 District uh below this site so the applicant is seeking to demolish or remove sort of a mobile home trailer type thing that's on the property uh Mr gordetsky plan outlines that as a rectangular box under the storage units uh where it says existing trailer to be

removed um so the proposal is to remove that and construct a storage type facility on the lot as shown um to me the hardship argument in this petition is quite clearly the odd shape and I put in my petition almost the spot zoning of this lot itself where you have all these different zoning districts and I would say the majority of the use in that neighborhood is in fact the commercial

use with the various construction outfits uh I think that the proposal is a good proposal and consistent with what's there in terms of commercial use um I don't think it derates from the intention of the bylaw not withstanding the fact that you have this random and weirdly shaped single family parcel in the middle of this zoning District so I'm happy to answer any specific questions about the petition Mr Calo can

also answer any questions uh relative to the site development um if there are questions about the construction uh he was briefing me on that in the hallway and he's ready to answer those type questions talk to me about these three unique parking spaces the uh point of the project so right now there's just ashphalt there now so it' be just pretty much additional outside parking or boat

camper anybody has outside outside storage um which is there now so there so there's not spaces for customers those are to be rented as well for storage yes that's interesting and that being the case then you've only got 10 ft between the roadway in the front of the units that you're proposing correct correct which these are not any kind of business just be kind of storage they back up put their stuff in Furniture

give you a car and that's it they leave 10 ft doesn't doesn't accommodate a pickup truck unless they're they're pulling long way across and blocking somebody else's unit what's the uh proposed construction of the units themselves um so I talked to the bill inspector um pretty much we doing no Foundation it just be a monopour slab um so would really be much excavation on the site

and it's really about every not sure do much on site itself where digging wise um I know the back of the property there's another like 25 ft clear that the they've maintained to this time now which we will continue to maintain the back of it cut the grass clean up this has it pretty much going to the lot line know I think what he's referring to is that exceeding the lot line uh the current owner actually

maintains some area past the lot line right is that power company proper yes that's what he's saying okay prior to these pictures that you see now um which I've provided here that kind of shows there they original owner had close to 12 different trailers tractor trailers campers um they've used it storage this whole time past 15

years attorney seleno can you address how you meet the parking demand for a commercial building like this yeah I don't think that we do there no request course for Rel with regards the park yep and I did not know that those parking spaces parkes I could not leave those I can use those just for tenants as well um I'm just using those existing slabs that show the picture there's there now

on site there's different patches of ashall that's there I'm just leaving it there which we can I said leave for tenants I can leave them open I don't need to put additional storage what's the zoning of the power company property power company property is s but then there's an additional power comp Chris do you have a bigger or whoever controls the slides do we have the whole plan it's Z desk all the way to

Dickinson yeah but then there's Alex has a small parcel along Stafford Road that's also labeled New England power company that's CMD yep and then I'm assuming the S District contends easterly for quite a way or so not necessarily a spot of zoning I think that's an Artful legal term is that J Jitsu no Jujitsu no no jiujitsu so this is what I'm trying to illustrate Chris is a little slow on the

trigger they have cop so this is the CN and this is and then this is C Chris that is great thank you thank you taking shots at you next project in swansea's got to hurt got a PowerPoint you want plans lot of demand Chris I want to maximize my value my last night with you taking a Tex a not to lunch um I'm going to be honest I I I mean the

fact it's not really spot because it's sitting down at the edge the uses around it certainly don't look like single family residential but a single family residential and I'm struggling with the concept of kicking it over to some type of commercial use like this because everything opens everything we do opens a door even though we're not not a uh supposedly a board of precedent everybody comes in based on

precedent next thing you know where're what's the structure directly to the West Alex has show so that'd be a that's just another storage garage that's kind of there but like it's it's for the which is used no the neighbor across street use it the single family house um and then I have now a petition that he signed that he is aboard and with doing so that's Paul gagy Josh is referring to Paul Gagney uh 1346

Stafford Road so he occupies a house on the the power company property negative his house is across the street across the street he just uses and he's using a structure on the power immediately next door to the property that's um that uh the old is going the old andies rapid is to the to the right and then it's a two family um gagne's house is a two family right on the opposite side of the street

right adjacent to this property line Alex has a structure shown of some sort y i I was wondering what that was and sounds like the testimony is that Mr us that little thing what is that oh that that is a garage it just shows it just shows trailers and pictur uh s District garage sitting on its own lot is that actually on the New England power company lot yep yes not my not my

fight um Chris you killing me that okay we have a petition I find this petition unique there is one signature on it the undersign hereby state that they are in favor of the variance application applied by helina Andre and Joshua cavalo to demolish the existing structure and construct an 8 unit storage structure waving use lot area lot drain lot coverage and setbacks and single family zoning District Paul gagy

1346 Stafford Road so he didn't he didn't get around to too many neighbors houses it was the only single family house was there figured he was the biggest concern long as he was questions from the board before I turn to the Mr chair my my only concern is that a stream that runs behind the structure stream that runs all the way down so when you take you know storage who knows what people are going to store

in those hopefully yep it's basically my really my only concern is contaminating that sorry right behind the trailer that's interesting too that could cause that could cause a problem of conservation the fact that there a stream running oh there is there was this would have to go through conservation permitting as well but I think what Dan's concern is the types of materials that might be stored in it I

mean the public health and safety of the of the city at large when you look at storage use again this is a use variance so do you have any concerns with regards to the use as it relates to the environment not what's permittable to the Conservation Commission but overall health and safety of the of the city I've seen some strange things come out of storage in us could I propose that

the board condition um if the board's in inclin that nothing with gasoline or fuel would be stored in there that uh broad range if suppos it's fertiliz supp it could be a thousand things can't store a car drum I was suggesting you know non fuel occupied personal property or I don't know we can craft a definition but my clent be willing no no living in there let's go to the public just so we can clear that

anybody here present wish to speak in favor of this petition SAR name Ken Al 1086 staff Road in FL River okay um I think that would be a good use of the property if you look around the garages across the street um the trucks and trailers parked over on National Grid property on Lock Street I believe bisco parked upu on National Grid property over there the garage is

down the street um as he said uh the one um residential the one two family down at the very Corner which would be almost across the street from uh this property um he's okay with the proposed use seeing the plans um as far as know the setback from the street um I think that they you know took some things into consideration I don't think it changes the neighorhood I don't think it'd be

detrimental I think it' be a good news thank you anyone else in support anyone wish to speak in opposition all right seeing none I have to turn to the

board you did say again that I mean this would go before the Conservation Commission if we approve to Grant the Vari yeah it would have to yeah so that being the case I would make a motion to approve the variance I suggest a friendly amendment to add that condition upon on the areas marked as P1 P2 and P3 be maintained as parking areas as indicated in the plan and not as storage areas

yes understand that right have that amendment to my uh my proposal we have a second on the proposal second there discussion therefore on the proposed John Frank yes Jim cins yes danar yes rcky sah yes and chairman per no thank you

passes item number four Thomas ala Edison building LLC care of Attorney Peter a selino applicant seeks a special permit per 86- 376c of the city follower a zoning ordinance to erect 102 residential Apartments contained in two buildings the applicant also seeks a special permit to Wave parking requirements and various to wave setback requirements in the CMD commercial Mill zoning district and an aod Arts overlay

District good even good evening for the record Peter Lino 550 Locust Street on behalf of the applicant Thomas Alva Edison building LLC to my right is Anthony cadiro the owner and principal of the LLC to my further right is David andreid of Stark Architects um je behind Jeff tomman is also here uh he drew the site plan and Ken f is going to lend some remarks to the proposal as well um

so for the summary of the project the property is located at 60 Harwell Street for everyone's understanding it is the vacant parcel between the current dispensary and the K building uh it is bounded on the North by 195 Mr cadiro owns the property in the LLC that is the applicant owner on the petition he is seeking to um come before the board and erect 102 apartment units on the site uh

through a two Building Concept so build building one and then build building two and there are various reasons development reasons why that makes sense for him um therefore we're petitioning the board for special permit in order to uh get the unit count and to wave the parking requirements in this zoning District uh I've also indicated in my petition that we would need a variance

for the setback requirements uh in this District as far as the actual uh hardship um I think it's the irregular shape of the lot as you can see from the plan you have a funny jog in the lot line along the interstate um not to mention the fact that the lot's vacancy in a very vital downtown area I think is a hardship in the sense that it could be better utilized and um would improve the

downtown area and that section of the city as far as the actual uh construction of the buildings and the renderings I think that Mr Andre can show you some uh very nice uh pictures that he's prepared in furtherance of the petition so I'll hand these off to the board here I believe these were sent in a prior email communication to you m as I as I mentioned before emailed submissions not I've asked you multiple

times to submit hard copies that every and they still don't have it you can proceed um so I have a copy we brought hard copies for each of the members now I did send a CL a summary clarification email that was to accompany uh the petition again that's just for it to the members as well as we have some large here that we can um hold up for reference so these renderings just for

clarification purposes if you don't mind I can no these renderings were prepared for the previously issued special permit that has since exp expired and they are the basis and will be utilized as the basis of the designed for the new building should the special permit be granted so this was the 60 unit building correct

57 thank you

so this goes to style of the building because the what's being proposed will have parking beneath correct yes sir why don't you put the

David this did come through email so we have this from distribution

like I have put them on a chair up on a chair right on sleeve in the

chair so as you can see uh previously building that was proposed ties back to the um the history of the city um the portion of the building that fronts on Hartwell Street represents contains a brick facade the portion of the building that fronts on the highway side of the building um has elements from for his historic Granite Mills um that was the concept that we originally came up with

as well as keeping it modern light inviting uh to uh to represent new construction of today um the new proposed building as Illustrated in the site plan uh is a will be this building will be a takeoff of this uh the parking is all being proposed at grade level um except for the as you can see in the plan North section of the site plan the 3200 square feet which will contain a

700 squ ft coffee shop and then the remainder of the accessory components of the building a community room for tenants an exercise room for tenants a um circulation stair Lobby mail room and those components so that 3200 ft at ground level though it is label as mixed use it is mixed used because of that 700t coffee shop the remaining components are amenity spaces tied to the building and for the tenants of the

building okay Mr chairman may I say a few words sure so first of all I want to apologize on my behalf for leaking the story out with my daughter somehow that came out unbeknownst to us and they hit the paper and here I am asking you for the special request so I apologize to the board on that and that's why I'm here so Mr chairman I had a building designed for

57 units yep you know the cost of construction over the last three or four years Mr chairman has gone up at least 40% so you know why I'm here yep I've done everything possible I know that we're doing the Merill building now where I was granted 36 units for six parking spaces I know the board's trying to get to I believe a one: one but I want to talk about parking Mr chairman

because I think it's important right sure because that's probably our biggest issue this evening right so let's talk about that can we be honest so we have 70 parking spaces on site we have a building next door that I tried to use but we took out which is the K building and has 22 residential resident I mean 22 spaces but we pulled that out right so we took that out we currently have 13

parking spaces in the open lot across from the Lizzy building that I used to own we we had eight for 27 years and we have five more coming up on June 1st that we're leasing I have an open order to take any spaces that are available i' be talking to Stephanie I forget her last name I think there correspondence that went around so we have that and I have 14 spots that are unincumbered we

might have talked about it for the maril building but they're unincumbered that I had since 1999 that have farmed in and that is the People Incorporated before that was um Union bank so I have 997 parking spaces for 102 with an open order to buy whatever is available Mr chairman from the city what tripped me up here if I can be so honest and blunt was that I had an order to take 25 spots from the

Third Street Parking Garage Mr chairman and then I was told we couldn't right there's construction issues with that so that tricked me up otherwise it would have been different but I have a year and a half before this building comes to fruition right by the time I build this building it'll be a year and a half one 14 months of construction month and a half two months of financing that I

still need to do it's a very expensive building by the way I want you to know that and I have an open order to take whatever spots are available so I'm not sure where the board is on one to one when I was granted six 36 SPS for six but I will comply make sure that I get enough parking spaces and Mr chairman for the record 102 is not enough for me

my management companies is going to require me to grab 130 140 you have two units there's two cars we're not Province we're not I know Province everybody Ubers and does what they do right I have a gentleman for the record he asked me to use his name his name is Michael Costo very very intelligent sophisticated man does all my financing with buying and selling credits he has a 24,000 square lot in Providence he's

building 112 units you know what the parking requirements are guess zero zero my law is an acre and I'm supplying 70 on say I'm not saying I'm what I'm trying to tell you is I'm competing against that right he's building 112 units which I can supply to the board with no parking garage parking millenniums the people that were bringing into the city were not displacing anybody that's the fallacy

right everybody thinks you bring in market rate you displacing low no we're not doing that we're just bringing a different house stock in most of the kids like Nina my daughters they Uber like I don't Uber i s taxi I'm old fashion right just to be for the record right I need according to my management company for me to be successful as a developer I'm going to need 130 140 spaces you two-bedroom they got a guest

now when I say I need for me mentally to be successful for my company so I'm going to chase those sparking spaces regardless of what the board tells me right to do I'm saying that at 97 I should be granted the ability to build 102 units you gave me 36 for six again we're not and again I I see I see you're going we're trying not to get to precedent 102 units 204 parking spaces

that's the bylaw yes plus you've got the coffee shop whatever goes along with that so and I and I'm not saying I'm going to sit here and say you got to come up with 200 more parking spaces that's for a group of a group of individuals citizens on this board to to make that decision we can't start from 101 and work down I get you so we're agreed on that yes okay

100% so you know coming in right now with 70 and wherever these different spaces are you know you rattled off a list and I think one of those lots we've already accounted for merrow building you're saying there's still unencumbered spaces there that's cool I know that one of the city facilities doesn't do longterm you can you can pick it up a month at a time and if people leave City Halls got first

call on those government centers got first call on some of those spaces if they need spaces so you're saying you've got the right to get spaces where is that so right now I have 70 on site sir and I have 13 that I've been renting eight for 27 years and five that I pick I picked up on June first us and if I may the where the question is where in the open lot across

from the Lizzy building where the City Garage is the Lizzy building there's a flat lot right there that's what he's referring to yes and I have 14 that I was going to use for the merrow building is mentioned in the record but we're talking about a year and a half from now so I also have a corner lot that I could use on Seventh in beit to accompany the marrow buing have flexibility what I'm

telling you sir is I have 97 right now in my mind that I can use towards my 102 with an open order to take whatever the city will grant me or allow me to grab Beyond 102 as a developer I know I need more I'm just like right now in my eyes I'm five short if we're going to so again if if you're asking for 101 so what I

think is saying to me at this point is that you'll condition any a building permit on locking in a particular number of of parking spaces whether that for the second building for the second building MH CU yeah you do have is that your proposal yes we didn't hear that yet so that that's what he he he put the fish on the Peter put that I'm sorry no it's okay we haven't said that yeah we went

down the road of the building and the parking um but yes why we back up why don't you tell us what your proposal is and then second building what second building okay go ahead there are two building the proposal is to the proposal is to construct two buildings that in the aggregate have 102 spaces Mr cadiro is indicating to the board this evening that he would be willing to uh submit to

the board that he has um currently 97 parking spaces which is 70 on-site 13 open lot four and People Inc and that he would ask respectfully to be able to build building one based on that parking count and then commit to the fact that he would add additional parking and his building permit for the second building would be conditioned upon uh achieving the parking set forth by the board okay

is that a fair way to say am I stating it correctly okay okay so my question is that those 70 on site some of those are underneath building to correct yes so how are you going to build how are you going to build building two and maintain that parking well building one is comprised of 43 one bedroom and nine two-bedroom units that is the proposal yeah so right there you're looking at uh 52 spaces where

okay and that would include some of the offsite correct and you can see here I believe on page two one of the handouts that I gave you um there is a diagram illustrating yeah I saw that the building one and building two right so my only point is you're not counting on you're not counting on the spaces that are underneath building two do you have 50 and change spaces that are going to

be available while while building two is being constructed between the 13 that are and you're still going to be able to get out of the site too because you've got oneway traffic so correct you make sure build building and that is the well that is the reason why building one and that's why the phasing is set up the way that it's done building two was proposed as building one proposed in red to allow

for the circulation around understand when you can you construct the red building and still provide parking at a rate of one to one for the building that you're building first or are most of those spaces underneath the red building I you look at the plan count how many are not underneath the red building that's exactly what I'm doing okay and I'm looking at that right now and I have three four five 6 78 9

2 4 6 8 10 12 21 3 four 5 22 23 24 25 26 so off of 70 plus 13 off off site on site we're talking about because the offsite stuff is ausy right now so let's talk about on-site this because you said you were going to provide 70 parking space why is the on offsite illus because it's monthly we're going to we're going to talk about oh so now we're excluding that we haven't gotten

there yet we're asking for your proposal and then we're going to discuss whether these spaces meet the requirement or not it's just a little confusing right now there's a little confusing there's a there's a a total of 102 units period between the two buildings and a this is the way this was being presented originally was that it was 102 oh yeah and then we're going to build a second building with

more and that's what I'm trying to lose right now we're all over the place so we got to kind of 102 units total y two buildings one building consisting of 52 units the other building consist consisting of 50 units okay so the original building that we approved already this was oh 6 57 but it had surface parking okay correct so okay I I thought we were looking at 140 or 150 units and to you

sir looking at looking at the parking beneath the buildings do we really have 70 because there's got to be columns that are holding this building up so how many parking spaces do we lose to structure Jeff you want to talk about yeah I mean we we there are some columns that designed to go on the extents of these parking spaces so you know typical parket spot 9 by8 M um what you're

looking at about 164 squ ft we might be eating up um maybe two square feet of that for to place a column um what you see a lot of times in cases like this where the columns at the beginning of the parking spot you don't need you know 9 ft to pull in you need 9 ft to open doors and where the width of the parking spot is garage doors are typically 8 ft

wide so as long as you can pull your car in and then open your doors we can meet the requirement Jeff then it's not a parking space the park the legal parking space is 9 by 18 ft it'll be 9 by 18 but two two you might have two square ft if that that would be taken up by a column and the columns are going to be strategically placed they're not going

to be in the middle of the parket spot they're either going to be in between parket spots where they meet up underneath or they're going to be at the beginning of the parket spot now we also are showing some islands on the plan right that we're going to have a majority of the column supportting the building are going to be in those areas there you we'll have the ability to shift those now you're talking um you

know to kind of get it the to work the way we need it to work and those are to minimize the intrusion into the usable us usable parking spaces that's exactly what you're trying to say right what's that column placement will be done in a way to minimize the negative effect on usable parking spaces that's correct so I'm trying to follow the complications everything here um just a

question Mr Gad um you proposed to build building one first for 52 units irrespective of building two how many parking places would you have for building one irrespective a building too because that contains 52 un to the 52 un sorry you just counted out 26 I believe that's I wanted to double check the number it was 25 26 I believe after looking at it for the second time that

we're at 25 but I'll do it for a third

and what Mr gadero is saying is that we're not building anything unless you've locked in it won't work your parking spaces because it's not going to work for you either going work so right so yeah I self-protect myself why I'm doing what I'm doing you don't want people walking away because there's no parking spaces these are going to be beautiful no doubt and I have all the respect in the world for what you've

done in Fall River but this I understand we just got to we just got to work this I understand understand so what does the total say in Reading I believe 25 is the number that I just counted off okay below building one below building one below building one okay um Mr Gad what what do you um what do you propose I mean between building one and building two what is the uh actual timetable if everything

goes correct everything goes right I would like to stop within 3 months after building R is complete I have a year and a half to acquire the parking spaces right whether I buy the LW or the building next door that's currently a jewelry store she approached me I can go on and on and on I just can't I can't commit today so when I get the parking we'll begin right away no I guess what

I'm asking is when building one is complete yeah how long between then and when building two begins I would like to start right away right away so my loan for the record is contingent on all properties both properties at the same time okay so I'm going for the big piece Mr chairman so may you be doing this phased or is there a chance you're just going to build one and two at the same time one and

two that was my question that's going to make life a lot easier for you there's a lot of efficiencies that that are gained from a construction standpoint to just transition from one building directly to the and for the record Mr Sahar by doing this we have to build another elevator which costs money we have to build another staircase which costs money and I'm willing to do that I'm just not

willing to commit the 38 million and not have enough Park in right so I'm willing to pay for protection of my family and be able to deliver this building and hopefully continue with a second and allow me to have a year and a half to either acquire property Andor lease property to make the property work and that's why I was telling Mr chairman before that I know I'm I'm going to need

140 parking spaces so that's what I'm going to seek but I can't commit to that now because I don't have it so you're asking for the permit to build building one contingent upon Bill one and then continue whatever the board tells me I need to do for building two okay thank you I mean I'm just a little confused no I was confused too I'm still confused okay thank you any other questions from the board

at this point yeah building two what are the um unit sizes so building two is comprised of 50 units which are 31 bedrooms and 22 bedroom units now as far as specific unit sizes the way that we've been designing a lot of these units we're looking at anywhere from 600 to 700 Square ft for the one bedrooms and 700 to uh 850 for the two bedrooms know three bedrooms and right now in the

current configuration what's your proposal there is sorry what you're proposing are there any three bedrooms yes in building questions asked of what you're building hear any disc for in building one yeah building one we currently have space to fit three bed not space what the proposal is I understand because parking is related to number of bedrooms agre the building so you're going be limited by the number of

bedrooms are the units with numbers of bedrooms by what this board grants so they need to know and we've asked for this for a month what the bedroom count per unit is we still don't have it is this the this this isn't the plan though no that's not the no it's not well you said 43 the confusing part about this is we're talking in speculation about a lot of this project and we're trying to put it

together and make it work but this is fluff because that's not the project the the the little the the we have this right and now we're asking questions about this and we're trying to make it work to see what we need to do but we're kind of speculating on this and this and this but beyond this we have the site plan showing that we have the other parking that we've been

securing this was just given to assure the board that it wasn't going to be an eyesore that was going to be put up on the building it's not what Mr Cero's intent is to build or design and I know the board had previously approved the other design which is and this is simply to illustrate that this is going to be a continuation of what the board had I assume looked favor favorably upon in

the past with the prior approval yeah but this is a completely different project so we're not even that's gone we're trying to we're trying to make I would never expect anything that your client builds in a city to be an isore okay never I I would be shock so just to be clear you you had said before building one had 43 one bedroom and nine two bedroom correct okay so no three

bedrooms and and the proposal that when this was put together it was 43 one bedrooms and nine two bedrooms we are we are again diagrammatically laying out Apartments we would like to fit I think we said five three bedrooms in there um Mr cadero was constantly pressing me to see how many how many units how much variation can we get in the unit mix we would love for the approval to include

five three bedrooms uh maintain the 102 unit count and the and I believe I um I I believe if it's not in in inserted in this text it was meant to be is that the the three one bedrooms would be reduced used and two two bedrooms would be eliminated in order to accommodate those beds five three bedrooms in building one not in building two in building one in building one in building one building

one is the the portion of the building that has the most corners and where would be able to pick up the most moreal window space which is why it was proposed for

building okay um let's get off barking for a minute the easterly setback of three

feet it's 8T that's right at the corner so yeah down in the southeast of the section of the building we got a three-foot setback to the budding lot it's pretty tight there's not a building there but that's can that building slide East at all like closer to the highway to get more on that three the intent of the way that it's configured as I know the building is nowhere near design you've

admitted that so we have but from time to move but from a site constraint and speaking with Mr tomman what we were trying to accomodate accommodate was a Perimeter Drive AIS as you can see if you enter into the site on the Northern end on Heartwell Street you drive towards the east and continue along the side of the highway to then allow the um vehicles in fire department uh trash trucks to drive underneath

where you see level 3 to six uh the building would be stepped up at that point and you'd have approximately 19 to 20 ft of clearance um below that portion of the building so Vehicles could drive through so as far as going closer to the highway we were trying to leave that for that turning radius eliminate any colums from being placed in that location so but like half of that block could you

not split that and put a jog in it do you have a a rendering of what that elevated Building looks like or we do not asides from again the the former representations of what the building was that doesn't show AG unit third floor I mean the point is we're we're land use so it comes down to the footprint the footprint that you're you're presenting is what we're going to be voting on you

know this well there's a note on the plan that provides some flexibility to that but y um number four Heartwell is yours as well correct yes okay so are we coming through that are you are you giving yourself an easement across four heartwall for for there's an existing easement there we're just expanding the to provide okay to cover this entrance all right we know what the issues are right

um Mr G you tell us how many parking spaces you aim to get locked up long-term leases whatever you got to do in order to get a building permit for this building building and we're we're just step one but so I talk talking to our management company Mr chairman y I need between 130 140 for me to make this building work myself to be comfortable that I can be able to supply the demand could I do

less it depends on what is my market tened right me meaning that these kids that are coming in today um they're in and out so you know um meaning in and out they only have one car so each have three bedrooms okay Dan okay danad are we okay so let's talk about basic stuff right yeah that most of this building aside from what Dan is saying five three bedrooms right and I don't know how that

would be but right right now you said and rightfully so the zoning is two pocket spaces per apartment I'm asking for Relief right so if I took in my mind and not the board don't speak for the board but if I took in my mind a one to one which makes sense based on Commonwealth and my other four properties I would need I would need 102 plus let's call five for the coffee

house 7 I mean again this is me not you guys right however for me to be comfortable in spending 30 some odd million I would want 130 to 140 that's what my management team tells me now so my question is yes is there a number that you will commit to 115 just to protect me I think we're in an auction right now 115 to 120 sir and I only say that because I would take

more I just don't know what I can get like if I can buy so let's talk hypothetically Mr chairman right you have these schools that comeing the school syia school that's coming up right that's going to go out that's an acre could I buy that knock it down and use it for parking I'd love to who knows could I buy the parking that belongs to the jewelry store and others that approached me and knock that down

and take that pocking for whatever could Pearl Street be available to me and who's to tell me that 1,600 ft is too far for me to make my building work I don't think anybody has a right to tell me that right right so what if I took 30 there I know when I sat on the Redevelopment Authority I granted the Cs 100 parking spaces on a month-to month or whatever it was and it worked who

knows I've controlled parking spaces Mr chairman I know for 26 year and a month to month how do how does that not become relevant today I mean I don't know since when are we excluded spaces that I've controlled for 25 years the board can that's you guys if they're free and nobody else is using them and you can commit them to parking for this building right I have a year and a half Mr

chairman I understand can I ask your year and what in in your mind construction time yeah but you you won't put a shovel in the ground until you know that you have the commitment to move ahead don't you no I'll commit to the first building right away yeah you would go for parking just for the first I thought I would go I would go I would go for both it's really a

condition of what you guys grant me today I can't go for a loan on a condition that maybe you'll give me my second P you got to give me a condition for me to get that no what I'm wondering is you would go ahead I'm going you would go ahead and I'm I'm ready to go I'm ready to go our conversation to begin and start the foundation in October and begin this will be a

signature building for this city coming from anywhere West going into Province this will Dov tail with the Bank building so picture that it'll be our own little entry way into Fall River like you would see when you go to Boston Mr Clarin that's what I'm going to do I totally agree with you and um I mean this is a wonderful project and uh this is why we're asking the questions we're asking we're trying to make it

work we do want this to I appreciate it I get it and yeah I mean it's it's not confrontational here I mean we're trying to find a way to make this I I see it I see it I see it I see it Mr I see it so that's why that's why I asked i' asked the question if we can come to an agreement you're you're saying that for you to be comfortable as a building

owner as an investor investing not just in this this property but investing in the city it's for you to be comfortable minimum you'd want to see 115 parking spaces locked up between what you've got under these two buildings at least and elsewhere yes okay at least we'll pick the number and we'll lock it in because we're gonna have to document that pick a number um as a lawyer the

phrase lock it up kind of bothers me so what's what's the definition of lock it up I want to see on a plan this is me this is important right I want to see on a plan where those parking spaces are and whether they are held in fee by you properties that you own and you've designated and set aside parking spaces to this to this project Andor lease lease longterm not month-to

month locked up secured leases you get nervous about locked up get something to tell me not in the criminal sense but to me the the devil's in the details here so details so I'm speaking broadly to get us to this point so Mr long long-term leasing on that you don't own that's going to be difficult the long-term leases I'm trying to get them to change how they deal with that line no I I know that may

give you the ability but you have to understand no I they can't Grant this on a month to month so everybody's trying to get the definition of locked up so can I can I speak to that yeah Dan People Inc will not grant me a long-term leas they just won't they won't nor will the city so if you're asking me my two greatest sources that I currently have now and what I'm going to get they won't

do a long-term lease not in my history Mr chairman so if you're asking me to commit to a long-term lease you might as well stick a shovel it and be done right it's not going to happen if you're asking me as a developer if I can give you my word that you know I need parking and if I lose a month-to month John somebody like that I'm going to go find

it elsewhere and I'm going to try to get to 130 140 for those reasons that you're asking me if you're asking me right now to get long-term leases it's not going to happen unless I buy something that's only for building to building one you've satisfied right but building two this is before you get a building permit for two telling you they need the long-term commitments for those spaces right but

just I want to be upfront right because I don't want to lie right well we can't we can't approve this building one or building two this is one project you got to do one you got to do one project triggered parking availability like they can't move construct building too there are two separate buildings unless they come back to you maybe through a finding or however you decide it can be a condition of approval

that they can't move on with the building permit for buildings too until they provided you satisfactory par whatever you guys decide that to be dayto day might be okay for you you might need a 10year at lease that's for you to decide I've never experienced this in 36 years where someone's asking me with all due respect to get a long-term leases that I don't control but I've always had long-term leases on

a month-to month that was on it and there meaning there meaning that should I lose a lease that I've controlled month to month then for 26 years in my mind when that comes up I got to go scurry and get there I won't build building to Mr chairman until I have parcking it won't work for me Mr quing but if you're asking me now today to go on a long-term lease thing I can't

commit to that because then I'd have to go out and buy that's not viable I'm just being honest with you sir and I appreciate that's not either here nor there if we have a project and a proposal for 102 units we get x amount of parking spaces whether it's long-term shortterm he's got to find the parking spaces and maintain them yeah and moved around that's that's my point that's my

point it's the point of we we we approve the project we're not approving building one then we're going to all right let's see well then after that done then he's got to go find no no it's it's 102 units with x amount of parking spaces yeah and right putting the cart before the horse here we're not seeing I I can't even Envision this as as phased Mr Fiola would like talk thank

you so hopefully I can this is obviously a very complex issue right because there's a lot of mov pie here this is my understanding of the belief you saw tonight okay Mr CAD wants to construct two buildings the first building will be in 52 units right is that where we are yes yes okay then a secondary build he currently has enough parking on site to accommodate building number one okay

moving forward with building number two he's going to have to secure additional controlled parcking that he can count on in for the utilization of that building correct which means that he's going to have to go out and find additional parking spots to accommodate the parking requirements of the on to1 parking for that building plus the plus the um commercial aspect of building one in order for building number two to

proceed so the relief being sort would be to approve the project for building number one and condition upon securement of additional secured parking for building number two prior to the issuance of the building permit so when there an issuance of the building permit he can show to the city that he has the appropriate number of parking spaces which will be determined today he's right because he's not going to be able

to lease these buildings out as much as everybody would like to this is a not Providence unless he can show to the tenants occupying these buildings that they have a place to park within close proximity to the buildings so building number one stands on its own for parking building number two is going to be conditioned or the building permit will be conditioned upon Him showing the city

of a building department and it's going to site plan wherever it's going to be that he has secured that all street parking to make the project work so to his point building number one moves forward he may not be able to move forward with building number two unless he gets that pocket but he's going to have to secure that pock so yeah and and and and actually if the secured parking

or the parking on site for building number one includes the parking that's under building number two you don't have it because you can't build a building over cor okay that's so whichever way we go you start building number one come up with the 52 spaces period now and you're right yep Ken mentioned perpetuity you need to Define yeah the ter issue because that's very important you got to have the the

parking's got to run with the property right in order to you can't do long-term leases though long you can't do longterm leases long you control not in those two locations even if location even I have a little experience in this area I know you do even if you were to try to get long-term leases on the Third Street lot that has to go through a public bid correct so C's tied up property spaces in the C

Street lot by virtual of going to a public bid and bidding on Exon spaces so the city doesn't have the ability just to say okay here's a long-term lease for these property we can't do that and quite frankly even from a financial standpoint no no nobody's going to want to provide financing unless you can show you have the parking okay so what we're asking here I think is to get building

number one started and the emphasis of of forward build building number two is really going to be on the back of Mr cadiro to come back to the city and show that he have these spocking spaces and if they don't have them build number two that's a move forward if he has them build two moves forward it's quite simple M am I WR that but but as a lawyer what is not

simple is what does he has him mean yeah what does he have right we have to Define talked about locked up we've talked about all about securing securing find pocket right and what's the definition of securing he owns a lot or he's got 50 pick a 30 so you're not comfortable no right absolutely not that's what I'm trying to BR not secure with what not I'm not comfortable with long-term leases I'm com I'm com no I'm

comfortable today telling you that currently Mr chairman I have semi spaces let's call it on the these buildings can we agree on that I also control control which is your word Ken I love control the ability the ability to have access to the Space Mr Clin I've had eight spots for 28 years from the city open lot and I got five more coming June firstes and I've got an open order for anything that comes up that

hopefully I get the chance to take and start controlling today control mean that I have control not a long-term lease sir but control right I need to control spaces for my tenants I've also controlled Union bank then became BOS then became People Inc I've controlled those spaces since 1999 2000 to me that's control sir I don't own them long term and I guess goes Mr agar saying what's is the board the fine as control

for me I want to be able to say and I know what my lawyer's going with as long as I control spaces at the time I apply for my permit I should be granted a permit in my mind you may not agree sir right so in the meantime to answer Mr Sahari and can if I can buy properties and control those things permanently on 38 million what do you think I want to

do but I can't commit to you guys today but what happens if you all right so you secure them y you build your building the city hires 20 people I'm screwed are I'm screwed no so you're screwed yeah the zoning board of appeals is dealing with zoning and granting relief so that's finite that's not month to month so that's why this needs to be decided and whether the board considers that I

agree what you're saying completely d right I agree I'm saying I have a year and a half to try to secure more permanent that's what Ken say I have a year and a half to try to secure I just don't have them now well that's what I think no he's think the city space has come yeah I'm trying to own them but I don't control them now no but you're

going to have a year and a half you will not be able to buy the place across the you will not you will not be able to move forward with the second building until he owns the additional parking space that means you so i' rather want to commit to that right no it's not that I want to commit right I I want be more flexible I think what Ken's saying

that's my goal based on what I said I want to own right but I may not find anything within that time but in meantime if I find something that gives me 15 spots not enough for all of it I would like the option to continue to say if the board sees so that hey as long as I control right I get you the control is I see where you're going and and this

just becomes definition that imp perpetuity as long as you own this building or as long as this building is operating as 102 unit apartment building with a with a coffee shop there have to be 115 parking spaces either on property or in close proximity to the building that's it that's the point it it doesn't matter exactly doesn't have to own them he can provide provide parking period they're all saying not not to get

to the one to one we have to make up the other one to one Mr Frank Mr Frank gets what I'm saying and these people don't have it's on him I think that's what Mr I think what Mr Frank is saying Mr chairman is what I'm trying to tell you everybody else Mr CL that's what I'm trying to say you hope I don't so I think what Mr Frank is trying to say

is5 spaces if that's the number 120 what whatever it is is the requirement and that it's on him as the property control those spaces and and and his leases with his tenants that will that will will outline that their parking will be provided that he will have to provide probably just that simple it's a requirement and then but what happens if it if he doesn't provide it I don't know

what If I Die Tomorrow D well I mean then people not don't need to find a parking space come on now what happens now if some provide parking you work for me for 20 years they are required to provide parking the building department can shut them down cuz they're not in compliance with their zoning financing could be related to being but that becomes his isue I don't understand why

you're worrying so much the bank's going to determine my loan if the bank is condition this Zoning Board of appeal not I don't know when you work for me I didn't hear this no because we went we provide one to one everywhere we went dude stop you just brought that up and if you want to continue the conversation I don't I think the Clear Point that was being brought up by Mr Frank I think

he's right on 115 spaces and it kind of is pretty simple and it's his obligation his financing banks are going to be looking at it saying Mr you get 115 spaces yes or no I know this so so in that case I mean I I I understand what John is saying I mean I agree in other words uh that becomes that becomes Mr Ciro's issue as to whether or not he can

provide the parking as you say Dan if somewhere down the road the parking disappears and the building the building department shuts him down that's his issue but I mean he's not going to go for he's not going to go for financing unless he can show a certain amount of understand Mr S I won't get it it won't exist the buing won't happen exactly what I'm saying it won't happen so in

other words if he commits to 115 spaces for 102 it's not commit in another well let's let's say he's he's confident that he has 102 parking places which he just outlined he outlined where he has where he has control so in other words uh he's confident going to the bank telling the bank I have this many pking places which he outlined to us this evening he controls this and this and

this which add up to 115 I'm correct 9777 cor so so in other words from here I mean if we were to Grant what's happening uh what he's asking for now it's his issue to go to the bank and show the bank that he's got that parking that we that we approved so it's not our issue it's his issue that that that's that's correct the so we set the number

he's saying at least 115 to 120 I'll I'll I'll cut it on the short end and call it 115 would be my recommendation at this point it goes into the decision it's part of the decision it's one of the conditions of our permitting period yeah fig out that's what I'm saying yeah I I look at it we we set a number spaces for building one and then we' set additional spaces for number two I

don't even want to do that yeah I don't think we can do that we've put conditions on everything else I don't know why you can't put that condition and I think that opens up a bigger I'll guarantee that his desire is to just break ground and build both of these you're not going to build a 52 unit High Department building and you have another one going on next door but he said he'd

love to get them both done at the same time and I didn't say that but please understand you are the zoning board of appeals that governs land the land that's before you so just understand this isn't a building one two situation doesn't have to be I'm just I'm just telling you understand how you've dealt with these things in the past and the door that it's going to open for other properties

that come in and you okay I need 500 parking spaces I'll find them somewhere and then now the chase on I he's not saying that he's not saying I'll find them somewhere he told us controls he told but that can all go away next month in August all the city spaces can go away that's all I think Ken mentioned if he owns controls the lot means he owns it in perpetuity and the lot is

committed for parking that's completely different than I'll find somewhere I I you know you dealing with zoning not financing not what banks not what limitations and we always say there are other permitting authorities and everything that they need to go through please keep your scope to the zoning board of appeals not what other people are going to do to hold jurisdiction over what you're

supposed to be dealing with now all right Mr chairman as you said previously I mean if we were to make it very straightforward to to approve this project on the condition going the low end that you Prov provide 115 spaces yeah I mean that's pretty straightforward isn't it and it's within the pview of this board to do in other words when we were speaking just now yeah you said to go on

the it is and and I I respect what what Dan's saying but I think it's more black and white than we we have a little bit of a change with Mr Mr C's position he will commit to ownership of the spaces necessary for moving forward with the second if you want i' rather not do it but I don't think I need to but I just think this is

way too long for what we want to do for the city I I I want to get it I want to get it done I want to make this project happen I like what Mr Frank suggested and I think that's where you should be at but Mr f is a counsel to me and he's I don't want to make noise like I want aill like I should be retiring now

what's the proposal you want to be voted on I like you to vote 115 control parking space as Mr Frank suggested to me that's the perfect thing let I know it's not Finance related I know it's not Bank related I know it's not any of that just to realize I know and I committed early on I need to get to 140 parking spaces my mind according to my management company guess the roundabout

way that's that's what I was saying in the roundabout way that John's Motion makes perfect sense to me I'm I'm just saying if he can provide 140 he can provide 100 200 he provide as many as he wants but if we give the minimum of 115 115 he has to provide that's exactly I mean it makes perfect sense to me but you you can't start building one until you have that no that's true well

that's what I'm try get a finite proposal one person speak on beh let's not change it three times can we take five take five I I have to you have to take five hold on the Chairman's got to make a motion to we take five yeah that would be helpful I think for all parts yeah motion everybody take five minutes talk to me Council uh yes we've had a chance to confer in the hallway so

Mr cadir would be willing to purchase parking spaces necessary to make the project work so the condition as proposed by to you would be that the definition of control would be ownership of parking spaces rather than short-term leases or ten andat will type agreements so as an know the parcel that the parking spaces sit on yes different understood okay yeah okay are we still looking at this as phasing

building one building two yes so in order to construct building one we need minimum of the 52 spaces and they don't all have to be on site correct because you can't so we're working with getting rid of that so for building so if I understood you correctly building one yep we have to provide the bulk of parking on site 53 units we didn't say 53 spaces don't care where it is right that's what I

mean but own and they they'll ultimately be because we just committed to X number of spaces I I mean you you you cannot if you're building building one you cannot use the space that you're calling building two for parking that's why I was looking for the clarification right so you you're limited to what is supposed to be under building one in a dream world we have we come up with a

number of spaces you just build both buildings at the same time that's that's your call so well you have the flexibility of let's say let's just say theoretically you buy the Dr store across the street and you could put 53 cars on it then you don't even need to provide one space on this until you need it for building two so G gives you great flexibility of where you come up with the spaces needed for each

building and I actually think for zoning purposes I don't think you should be have to provide more than 102 which is the one to one and then if you choose to get more you choose to get more what about the retail what's that what about the retail we've routinely he's only got small coffee shop needs three spaces park on the street so they do have the ability to do that and that's that's consistent with the relief

previously so we're looking at let's say 105 spaces under ownership if he want more but again I want to make sure that that's what actually Ken just brought up a really good point building one can be built based on what you see on the plan and building two just because he has 70 spaces building two can't be can't use you can't use 70 spaces that's what they're saying because conditioned

upon know that right but I'm giving you the flexibility of you don't have to provide any parking it doesn't matter where it comes from you just need to provide 53 spaces for building one and then the balance before you build building two corre on an own parcel correct so we have 70 right now you can build building one and before you start building two you just need to have those additional or wave all of

them for construction purposes and move so if we're building building one do we have 53 on the site that's my question you have 70 building yeah but you can't use all 70 based on all this mumbo jumbo only when you only when you pull the trigger on building so in practicality from a development standpoint he's committing that he's going to own 53 spaces and be able to build building one can we do

that control 53 spaces oh and I don't want got that on that one is fine it's only the trigger for two that we need to deal correct building one you exceed the parking requirements no issues even with construction on the site no no I just said building one once building two comes into play that triggers the need for the additional spaces whatever that number is it's whatever yeah yeah whatever

they can be anywhere underneath building to there's 25 parking spaces yeah okay so the key there is there's going to be 52 units in building one y okay um 70- 25 puts you at 45 mhm so building so he'll be five uh 52 he'll be seven spaces short so when he goes to build building two yeah he needs to provide the additional parking mhm plus seven okay okay and I think and I'm

not trying to muddy the water Waters here if the goal is to have 115 units 11 SP that's what 115 spaces but I think that numbers I think we're no I don't think it should be that high fine the 102 for the one:1 ratio on on the apartment three additional for the for the coffee shop so 105 in total if Mr Gad wants to get 50 more than that God

bless them will will I it on ownership of a total of 105 parking spaces okay kids just new house that's how many houses this we'll take the what they do when they built a hospital just moved them all over town but but the break between building one and two no just you you should Define what what's the proximity of these spaces it's not three miles away it's or is it suitable to the board should

you have to come back and just get a finding that the parking he's acquired is acceptable to you somebody needs to determine you know and acceptability of the spaces whether it's five blocks six blocks 1,000 ft 2,000 ft can't be intient on inent line so plenty down there no there is yeah but there there has to be some definition

whatever just toine it I I don't care what it is at this point I mean we've got you got Bedford and sth it's a bit of a walk you got to walk around the highway but just understand that that property is now encumbered legally by this decision until until you unless another lot correct unless Mr cadero has in his possession another lot see that's not even come at end because I just said I

commit to ownership that's a lease so that doesn't even apply anymore y People Inc lot doesn't work anymore right right right well no it does for you to get to 140 you're talking about bed the talking about Bedford Street so I I don't know if that's a half a mile away I think as I heard you say Ken but the point is that that is currently in possession much for me to

work it is that is currently in possession but by this decision somewhere along the line it needs to be legally committed to it would be it would need to be unencumbered by another property that he would use for parking so I would say a half a mile which is 2500 ft I think that's feir and and to come to the board to make a finding if they're acceptable with something no building permission gred in

last you make a decision that the building department does has to enforce it correct yeah no your Zing decision needs to determine where this off is allowed to be that's yeah they're going to enforce it no yes with building department decide if it's acceptable or not no you're defining what's accept 2500t I'm not say mile 2500t 2140 half a mile half a mile I just no that's not

than that pick a number I love 1500 feet it just reminds me of I I I I just I just want to stop for one second because Mr Agar was really helpful in his suggestion of the Bedford Street property and without having an opportunity to speak to Mr CAD I just want to say it out loud I don't know what that distance is I would say it's 1500 ft600 ft to that Third Street

lot I think Dave is thinking the Big Lot yes no no they can't clunk his lot God you're talking a lot across in the corner that that was the parcel that was mentioned no no no no Tony and I talked about the smaller corner lot which is next to I think it's a mosque now yeah different looking at it right now is the coffee shop going to be built with building

one yes get oh sorry backwards right building two is getting built first D back and isn't that where the coffee shop coffee shop apologize for coffee shops in the commercial base is the building to the north Corner levels 1 through six but that's what's getting built first but it's called building to no no proposed building number one is being built first okay show me which one's building one it is the stils stils

you're building that one first really yes okay that's a lot of construction Capital we looked at it from my point is there's 52 units in that building number one first building to be built all right my recommendation then is that Mr gadero will provide 52 owned parking spaces before he can pull a building from me for building number one all right for building number two at that point in time there'll have to be a

total the hell did we say 105 105 105 so an additional 53 parking spaces for a total of 105 for building number two because I can meet that now park lot that's what I'm and and within 1500 sare 1500 there is a way here that I can actually measure that please measure straight line don't don't go by no no no no I wasn't go by street I'm trying to go let let's make

this distance well you can tell you as we sat here mortgage rates went

up guys we we we have an answer on the table here

00

Jeff how far is that you got all kinds of calculators andu by the way I apologize to the board for taking last five more you still have a sign variance if we can get that sign variance

quickly might I still have an issue might want to table that two pH

approval we are

approving you have that in your Your Capacity right all right what what are we doing because right as far as I concerned this is out of control we're using the measuring tool on a computer to see what the many St clear I know you're just trying to say 1500 feet can anybody get on for Riv a GIS Chris I'm on Google M right now we're gonna P wait go on GIS go on GIS

you can just literally drag and drop a lot of pressure on me tonight should I start playing DAV how they're doing that is now the leading to that song is in my head thanks man there's uh 76 Parts there and there's another 40 that we can create a d if we had to and understand you may find better loc to put your pockets as long it's within the radius but we're not we're

not going to sit here tonight and choose the parking stot we're going to set a number we're going to set a distance right now we're just wasting time yeah okay thank you Mr chair let's get this back up stop has it been three minutes messing around with distances has it been 3 minutes 15 all right we' submit 1500 feet for the distance thank you I love it sorry Mr no no no all

right there anybody else here do we ever ask if anybody here in favor or against this no anybody here in favor of the uh wish to speak and in support anyone wish to 188 why not I'm sorry what what was your name 18 Street okay I've known Eva when I was when I was a m even if you could get like say one car for some reason get parking spot get a way make

money I think I on the board he might have an mty apartment where he can still like take that pocket correct that other apartment that's all it's gross numbers body here to speak in opposition I'm waiting for Mr gadero to stand up I'm very grateful to the board trust me I feel so bad today that being the case we got to stop making some decisions here well John why don't you make your

motion that you made originally I can't make the motion no no John John didn't have that motion why don't you write it down for us before you stop it yeah my my motion is very simple you you guys want to make it very complicated but no we don't well then have somebody else make the motion well no Mr chairman I move approval of the proposal is this is this the special permit we got the

special permit and a VAR this a special permit well the first part is easy that I find that it will not be more substantially detrimental to the area second okay Motion in second on the motion John Frank yes Jim cooch rickyman PR yes now a special permit for the number of units and and park and lot coverage no no parking is a separate request parking separate do it separate and then the variance is separate so four

votes okay so number of units and lock coverage number of units where uh I move that we approve the uh building of 102 units you said they're all separate motions yes that should be okay and we're not dealing with anything with bedrooms so just that's what that's what my the unit defined as a bedroom so whatever combination of 102 units total 102 bedroom units yeah no I mean so it's not 102

bedrooms it should be a specific number of ones twos and threes but if you don't want to get that deep and not worry about bedroom count then you don't have to well that that hinges on parking now we back to parking well I'm just saying it's just you know we got a definite on we got a definite on building building two building two is 31s and 222s we still don't have a bedroom P we did on

building to definitely we don't have a formal presentation or proposal for of that of that mix to clarify for the board we are looking for 70 one bedrooms 27 two bedrooms in five three bedrooms I believe that adds up to 102 unless I did the math not new math but and your sure because that's in stone after it does so 102 units as defined 7 one bedroom 272 bedroom 53 bedroom so Mo y okay

second Motion in second discussion on the motion hearing none Ricky sah yes Dan deir yes Jim Caulkins yes John Frank yes chairman perie yes no special permit for parking however convoluted you want to address it very simple got making a motion your business I MO that we uh Grant uh approval with 105 total parking spaces owned owned owned within oh within uh a radius of 1500 ft second wait wait um is that's

contingent upon the building building two think that would we can deal with building permits and separations of buildings and the amount of parking required for each permit so don't don't muddy the waters on otherwise within you said 1500 square uh 1500 radius okay radius 1500 square fet could could the motion be repeated on that just want to make sure we're okay with it's a lot of suggestions

going on with respect to parking 105 total owned parking spaces 35 so that's additional the motion includes that 70 and 35 yeah then that's okay building one we have thees spaces correct okay so 105 spaces total 70 onsite 35 offsite within 1500 square ft the radius of 100 owned not square feet just yeah 15 yeah that's very important not square feet 15 15 radius motion was there a second

seconds sorry no so shouldn't there be a condition or an Associated uh sentence with that that would indicate that that parking requirement of 105 own total within 1,500 ft would be in place at the building of the second building that was my question no I had just said that we'll deal with the number of spaces required for each building through per through the building department but how do they know pres

you're presenting 70 yeah and but if the decision says 105 owned within, 1500 ft and he goes to apply for the building permit and they read the decision the decision says yeah show me your 105 spaces right and he doesn't have it because we're saying he's going to go out and find it so I don't think that works I think we should just add to that 52 provided that uh the second building shall not be started

until until the 105 and that uh will you res will you resend your your original withdraw your original motion please well it hasn't been voted yeah second okay just just I amended really what it's too 105 building permit building permit for building number one there shall be no less than 52 owned parking spaces good on site or within 1500 square ft building permit for building number two there should be no

less than 105 total parking spaces 70 onsite 35 offsite Within within 1500 feet I can't make a motion somebody else par some moved okay second okay discussion we there on the motion Ricky sah yes Dana yes Jim ckins yes John Frank yes G Pera yes un there on the variance VAR setbacks yeah setbacks set back side set as shown on the plan well we don't have a real plan no on

that we got a motion motion to approve the variance Dan just made a a motion to approve the the variances as requested and showing on the plan yeah second motion and second any further discussion on that on the motion John Frank yes Jim ckins yes Dan deir yes Ricky STI yes chairman Prairie yes you need anything else yeah he does that the next item I just want to make sure this thing's this thing's in bed now

lasted longer than my first marriage so granted with all those conditions this is gonna be fun to write item number five Thomas a ala Thomas Alva Edison building LLC care Attorney Peter a selino 69 60 hotw street map M21 lot five applicant seeks a special permit per 86- 454 of the city of Fall River zoning ordinance to construct an electronic sign in a CMD commercial Mill zoning district and an aod Arts overlay

District so uh good evening I'm going to turn the sign piece over to Mr andreid uh and he can present the technical specifications of the sign so uh I went back and forth with sign the signage vendors this is one digital sign comprised of two Parts interconnected are fixed to the building we do not have a specific location on the building where it is going to go however we do

have a side of the building that is going to go which is on the highway side of the building okay the two parts are 4ot high one part is 4ot high as shown in the image on the screen by 22 ft long the other portion is 5T by 40 ft tall that's the that's the it's the lettering that you see right there in that illustration okay now this is a changeable sign

multicolor digital sign to be to be used for downtown Lofts okay but downtown Lofts includes which buildings in total not just these two but it it is not meant to advertise spaces in buildings or anything it is for the downtown loss as the Marquee for this building this building's going to be called downtown lofs yes yes the others aren't going to fall under the there is so so no so downtown downtown is a group right

exactly we're not going to Market Benjamin we're not going to put that sign what you're probably going to see is what you see there downtown WS which I think those exactly what you're showing on that plan I don't think the board has an issue with that's I think it's the messaging the changing and the messaging on the entire sign is what they may have and I spoke with Mr cadero

at that and he was clear to me that it is not going to say Dunkin' Donuts Dunkin Donuts not going could do that Mr Frank i' have to go to the Outdoor Advertising board exactly for the record we're put another billboard on top of the C building right I've had permit for like 30 years but we only did one side any out be one side we got approved by the city we got approved by the state

which just signed off this morning to allow me do a 14 by 48 Bo which we engineered facing the city so we can dress up that Cor I can only use that signage and the illumination and all the wattage is controlled by the Outdoor Advertising people right I can't Market that sign to anyone else but downtown loss right this property don't don't even use the word downtown loss let's say to this property

right to this building downtown but what if you what if you change the name don't don't have it be stuck to downtown L what I'm so I hear what you're saying so so Mr chairman I can only use that if you grant me the right to do this varies it's it's simple in this sense if you grant me the right to use this sign and Grant me the permission for the variance

I need to go before the city and apply for a permit the city will either grant me a permit or not grant me a permit right the city will grant me a permit and then I will still bring the Outdoor Advertising board to make the a complies even though I'm not marketing to the outside people so this board that you see will be specific to downtown L I

hear what Mr AG saying is if I only get a approv of downtown L and the name changes then I'm kind of stop correct I'm saying I'm going to use this board for my downtown off brand can we but that's other properties not particular this one and I I think the clarification is the signage is not going to say five five vacant apartments in the Ben Nathan building I think that's what m can we

leave can you accept having a fixed board rather than a variable I mean it will just give unilluminated an A change message might be maybe that'll help happy holidays downtown losss I think it was just going to be so think about it here's my concept right in my eyes I'm 62 and I'm thinking why can't we build this building that's way too expensive to build and we're going to control as a family I don't sell

stuff why can't we do something where people come into the city as Mr Mr Andre said why can't I control a board that could market downtown loss in a meaningful way Christmas time right we talked about that day so why limit me to just have a fixed sign that says Downtown WS why why do we have to do that because we can't control the messaging unless weage will only be

applicable Mr cins to my brand I can't I can't sell space to Dunkin Don I can't sell space to anybody the brand is my brand I can only Market my stuff I hear Mr a he's correct well what but what about the other buildings it's still downtown Wall which I don't have in to put Benjamin na on that right but that's but that's technically considered an offsite sign no because you're marketing

other I'm sorry sir no The Outdoor Advertising you can prove me wrong this is this does not fall on the Outdoor Advertising Right This falls under the Zoning for every of the city two different things so don't even it doesn't matter what Outdoor Advertising requires so I don't understand why forgive me forgive me a simple question right why you want to control my ability to have an ability for that cost 38

million because that's what the zoning bylaw States that's the only I'm asking for Relief right so here's my relief vote it down or pass it okay I mean I'm not being rude but it's like I don't want to allow this like if you believe the downtown lofs and me changing it to say Merry Christmas downtown lofs or whatever is going to hurt the brand of the city then vote it down if you think

it's irrelevant because I can't mark it it to Dunkin Donuts or you know five guy tires or happy Burgers then then okay I mean to me it's giving me flexibility to spend 400 Grand on a sign to make the city look better and we're dancing around I mean that's how I see it I'm sorry that's how I see it right now vote it down shoot it down or vote it I'm not doing anything to Market me

gaining I'm doing it to Market so that the city when people drive by can see hey Merry Christmas downtown loss what's wrong with that it's much cheaper if I could Mr agard to say I'll just put Channel downtown loss we're done that's what Mr Clarkin suggested I could do that for nothing but why why do we have to trade why do we always have to give up 40 years we always have to do in my

opinion forgive me second hand I'm giving this the option spend 4 or 500 Grand on that board and we're dancing around that's your privilege if you say no then I would do Mr CL and said I'll get a channel downtown loss it'll stay fixed there you go I'm trying to change things right I'm 62 I should exit out but you know what why can't we do something nice everybody comes from West Province that's the last

building you're going to see on the left but see we we're looking at you've clarified what it is versus what it presents itself as what it was given to us was a changeable advertising or not advertising but a changeable sign it didn't it didn't say in that that it was going to be limited to only this purpose and so we're asking the question as to what the use is going to be which I

think is totally appropriate and and is actually a requirement of ours and so I take exception me

apologize I think the key the key statement there is the purpose exactly of the signage board is to provide downtown losss with a visit marketing platform for downtown loss that's a major clarification and just to move it along oh you got any other questions from the board oh we're down the family now but I'll still ask anybody here wish to speak on behalf in opposition they're hearing

none I I think the biggest concern is the concept that it may be used for advertising okay that's the biggest concern and I think we've read it I think we talked about it how we regulate it I don't

know can I offer a suggestion Mr chairman then I'll get off the outo advertising for will regulate that I cannot advertise anything that's not appable what Mr Andre said and that is downtown loss I cannot sell anything I cannot Market the grocery store I can't sign to be used for the sign to be used for the promotion of downtown loss that's you want to discuss animation components signal changes in between

messages all those things you should be discussing yep and yeah because that all falls under a real plan right that all falls under the outdoor advertising this doesn't fall under it falls under our electronic Message Board side which is what they're here for this is not Outdoor Advertising

right and think of vehicle driving by and you want to allow animation things moving grass waving flags waving all things to think about because once it's done it's done and can go up on that doesn't have to say somebody else's business but it could be something that you're not contemplating or dealing with so once again I'd like to try to help the board out while Mr agar is partially

correct he's incorrect in the sense that the advertising board will monitor that they're going to monitor the pels they're going to monitor the flashlights they're going to monitor how many seconds the stuff is on they're going to monitor whether it's p that has it that falls upon them you have an indoor illumination you I can tell you your building inspectors have no clue you're

going to decide on that forget it you're going to be monitored by the Aldo advertising board because there a mechanism on what they need brightness lighting trust me I've done all that stuff and what you see before you on the screen is all your time is the indication that the software that the vendor and and and the sign control mechanisms it's all being put in to comply with any of those requirements so

the s yes so the specs we have in front of us were provided by the vendor we're provided by the vendor yes and right yes okay simple the state will shut me down before the bill inspector even knows what are up there yeah so again again this was provided by by the vendor in compliance with State regs yes so understand under our byw 86 451 e electronic sign and outside sign

display a device that changes in message or copy at intervals by programmable electronic digital or mechanical processes or by remote control electronic signs shall be allowed in the neighborhood District uh BL MBD commercial Mill District CBD W to O um so the commercial Mill District which is the underlying does allow for this type of sign however you continue down use regulations sign shall be programmed so

that the message or image on the sign changes no more more than every 4 seconds the sign shall not display any illumination that changes in intensity during the static display period the electronic sign shall have installed ambient light monitors and shall at times allow such monitors to automatically adjust the brightness level of the sign based on ambient light conditions maximum brightness levels for

electronic or digital display boards shall not exceed 5,000 nits when measured from the Billboard's face at the maximum brightness during daylight hours and 500 nits when they're measured from the boards face maximum brightness between sunrise and sunset no sign shall emit or utilize in any manner any sound capable of being detected on a main traveled Way by person in normal hearing

cause beams lasers or rays of light to be directed and any portion of a traveled way which beams or raise are such as intensity or Brilliance and cause glare to impair Vision drivers motor vehicles and such obscure or interfere with the effectiveness of an official traffic sign Dei device or signal contain more more than one face visible from the same direction on a traveled way the located as to obscure

or otherwise interfere with the motor vehicle operator view of approaching merging or intersecting traffic depict any material or message which is distinguished or characterized as an adult use contain flashing or moving Lots lights moving video or consist of a static image projected on a stationary object dimensional regulations the maximum area per electronic sign shall not constitute more than the following

in the commercial Mill District neighborhood shopping district uh 40 square fet in the local business district so we're not those in a specific case the zoning board of appeals May after a public hearing Grant a special permit for an electronic sign in the industrial park medical apartment District multif family District M provided that the maximum surface area shall not constitute more than 24 Square

ft an electronic sign is replacing an existing sign in the board finds that the location setb back and design of such use will not be detrimental to the area by reasoning of life so if if you think you can meet all those requirements I think I think the only thing that that we're showing is the size requirements the brightness the what was the brightness the brightness 5,000 5,000 the brightness is from the vendor

maximum what they could do I guess what what we're saying is those requirements that Mr agar just read off all fall within the criteria that was present presented by the vendor and that any permit that would be issued would be subject to reviewing what was going to be putting putting in and then issuing the perit to ensure it falls within those okay I just want to make sure that what proposing that is our purview

correct again that's I'm just saying that what what what we're what we're reading is compliant on two two aspects yeah understand what you're saying yeah right 7,000 where we are varying is the size correct we can Cap all that by making any motion for approval calls out I'll calls out 86 451 subsection e everything within that to comply what we then have to talk about is dimension building from the

city need I to comply with Mr a just read nothing happens I comply with the local make sure what I asked for if it if it exists within section 86 it's ours yes so the only thing that we would vary is size your two panels were connected one 4 by 4 by 20 uh 4X 22 and 4x 5 40 by5 288 squ yeah it's pretty big

barrias so commercial M District limited to 40 square feet local business 24 Square ft we're in the commercial M District that's a big variance and it can be considered it is controlled as one sign it's in two separate pieces so it's one sign so we're in the configuration that 288 Square ft 40% of 40 square F feet is what is

allowed I mean looking at that it's pretty cool thank you but some are very loud Hy Davidson and some people really get ticked off if I could apologize the fronting of the sign I think is what's the key thing to the highway it's to the highway and not towards any residential areas or anything right the angle of visibility is fairly tight if I'm not mistaken so I guess my point is someone living below

this isn't going to be seen is isn't going to be getting the light from that coming in there but but it was presented verbally that you don't know where it's going yet the plan shows something you said somebody said you didn't know where it was going the exact pinpointed location as we alluded to it's on the face of the building that's shown on the plan but it's on the face of the

building as sh in the CL plan which is the highway side of the building without a definitive location we can't approve it the plan has a definitive location hey find the location that's what I pull up the site plan what that's what I want to say up because that's not what was presented that you didn't know where it was going I would say it's going to go exactly where it is yeah I mean exactly as it

shown that's it's going to go

leave it where it was okay then it's going to go on the it's on building two right now it would go on the northernmost corner it's on the plan as shown on the as shown on the plan okay you're not concerned about the light you're 90° two apartments that are going to be to the south of that you're not not concerned about light infiltration those that that'll come out of the study

yep so if we're going to approve this we make it subject to 86 451 section e we have to vary the dimensions to a total of 288 Square ft if we want to give them what they're that's where we are let's let's all just a point of clarification Mr chairman um it says 40 square fet Max in that yeah y so I mean do we as a board have the

right to override that sure we so yeah so under 86 no under 86 454 the zoning board of appeals May Grant a special permit to construct the sign other than those permitted provided the board finds that the sign would not be detrimental to abing properties and is needed to adequately identify the business so therefore a special that provision right it's a special permit which is what's

been requested but you can make the conditions that it needs to comply with the electronic Message Board sign except for area yeah that's it simp okay and the types of uses that you want to allow to happen which you need to decide right so therefore with a special permito we need to bif bated yes because it clearly says not more detrimental to aing properties so are you ready for a motion

Mr ch I'm ready so I would I would make the motion that um number one The Proposal is not substantially more detrimental to the area second motion and second on the motion John Frank no Jim ckins yes Dan dear yes Ricky sah yes chairman per yes that okay okay so the second part of the motion is that we Grant the variance um special permit I'm sorry special we Grant yeah we Grant the special permit

um as requested 200 uh as requested with the one exception that we need um we need to um increase the area which is a so it should be in according in accordance with 86- 451 section e with with the exception corre of of the area of the sign and um location as shown on the location is shown on the plan okay yes call it up loation shown on the plan to a maximum

and a size as shown on the subm yeah information that we received T which was 288 square feet is that correct yeah to Max 288 okay do we have a second have a motion second and a second discussion hearing none on the motion Ricky sahti yes Dan deir yes Jim ckins yes John Frank no chair Prairie yes pass thank you thank

you I know that and we know that too 62 is too young to think of

retiring sent a picture of me thank you I got an agenda here no no but we have no people Jeff you're probably kicking yourself for wanting to go last by yourself Jeff item number six I got to start getting in earlier Edwin nanja is that how that's pronounced uh yes uh where are we we're at 24 swend Del's street map J 10 lot 22 the applican sees a special permit per 86

246 A3 of the city of Fall River zoning ordinance construct two story Edition in the front of a pre-existing nor conforming two family dwelling uh also expanding the non-conforming lot coverage from 35 to 55% in a g General zoning District good evening for the record Jeff tomman Northeast engineering uh just to briefly go through this proposal I'll try to keep it as brief as I can uh

properties on the east side of swindel street um 135 ft south of Eaton Street uh it's in the general residence G Zone uh which allows her maximum of three units uh the existing building itself uh is a two- family dwelling um located on a 4,112 ft lot the um two family dwelling on the property is located basically right up against the rear property line um so what we're looking to do it and I should mention

the footprint of the uh existing two uh family dwelling is 680 sare ft which is pretty small um for for a house when you consider that most one-bedroom or studio apartment so I say one bedroom apartment is around 800 square ft each floor has a living area again of 684 Square ft so uh they're very tiny Apartments what the applicant is looking to do is simply expand this building to create some

additional square footage and he's going to do it in such a manner as to comply with the um setbacks um side and front setbacks obviously we can't with the rear but he's not expanding out to the rear he's just coming forward with it uh he's going to match the sidelines of the existing house which we're going to comply with the 10-ft side setback so um pursuant to section 864 2683 what we're asking for is a special

permit to extend uh extend a non-conformant structure by constructing a 22 by uh 32 foot uh addition again that will comply to uh side and front setbacks um there'll be no impact to the existing driveway um that'll remain as is the uh there's no obviously increase in units here it's still going to be a two family dwelling um and the the other change we are asking for and relief we're asking

for is the addition in lot coverage we're going from uh 38% to uh 54 uh I have on the plan so uh I should note there was a variance grant that on this property which which I found after the fact in 1998 uh that was to build an addition on the north side of this house um within the side setback uh that was approved uh but was never acted upon so that that

never got constructed so um with that I'd be happy to answer any questions that the board might have okay so it's remaining a two family it's a two correct any other questions I have few on this it is a very small house for a two family house a foot another so yeah it's eight total rooms there's two I want to say they're two bedroom units so there's only four units per I mean a four bedrooms per

unit okay four bedrooms per unit two two bedrooms two bedrooms four total rooms per unit don't do that to me not per unit no questions want you want to speak either for or against this I don't even know what this got be sure on lot coverage right yes so it's 38 currently 54 once this is done okay four off street parking spaces just because they're not shown um it currently has it we're not

making any changes I don't know how many actually can fit on it there um we're having bedrooms so we're going to stripe out four parking spaces yeah it looks like it has four uh have to add well we're yeah we're at 30 so we're going to have to expand that out to uh maybe 6 ft wide so if we can bump up the the lot coverage uh to maximum say

60% that going to be enough actually 60 we'll go to 65 if the board is happy with that you guys some de design say 55 on here got 13 ft on either side there's really no yard area to speak of nobody setting up beach

volleyball what are you thinking Joe look like thought no I I've just fried yeah all right let's go guys what do we want to do we got four parking spaces if he's got to change the curb cut that's city council not our purview what do we want to do with it I should oh sorry perhaps no I I would think we can add even if we add like three feet on either side I don't

think we need to change the curb cut but we we will need to add um some additional payment adjust it somehow yeah yeah make a motion to Grant with uh four additional four parking spaces total this is theic right yes yeah yeah same motion uh that is not more detrimental than they second motions second on the motion Ricky sahti yes Dan dear yes Jim ckins yes John Frank yes chairman Prairie yes thank you co item number

seven Richard A Mercurio 52-58 Forest Street map g06 lot 35 the applicant seeks a special permit for 86 423b of the city of Fall River Zone in ordinance to divide the subject parcel into two Lots leaving the existing three family uh dwelling on proposed Lot number one and the existing single family dwelling on proposed lot two per submitted plans in A2 apartment zoning District good evening for the record

Jeff Tolman from Northeast engineers and Consultants here on behalf of Richard marcurio the the petitioner uh for this application uh this particular property is located on the east side of far Street about halfway between Cottage and park uh it is in the apartment A2 zoning District um it is approximately 6,000 ft in size uh there's an existing three family uh dwelling located at the front

of the property on the northwest corner an existing single family dwelling uh located on the Southeast corner of property to the rear um what we're proposing to do is divide the uh property pursuant to 86 423b so that each dwelling will be located on a separate lot uh three family dwelling will be on lot one which would be a 23 uh 2350 ft parcel with 35.74 ft of Frontage and the single family dwelling will be

on lot two a uh 3,650 foot parcel wor 14 ft of Frontage uh there is one currently one parking spot um that has a retaining wall that goes all the way around at the front um not quite sure which um you know it it it is on lot two so I mean it would make sense that it would be dedicated for lot two which is a single fil home it'd probably be more beneficial and so I

think we're proposing the keep it that way uh and there would be a 4 and 1/2 foot wide access easement going along the walkway uh from the set of steers that go out to far Street to the to the rear of the property so with that I'd be happy to answer any questions what's the um what's the setback the the corner of the house uh lot one where the uh the lot goes off at an

angle how the hell close is that to the lot line because uh it's at least 3 feet because we I I did label the the smallest Dimension which is off the bulkhead at the at the back of that house it was just 3 feet so I I would imagine that's somewhere between three and four okay so considering the easement considering that closeness you'll live with no interior fencing oh absolutely yes y separate

utilities separate utilities recorded access easement no fence no fencing no and monumentation required along the new line monumentation right yeah monumentation it just looks like on the the Google Earth looks like there's a driveway on the other side and they get into the back of the property that way there on the abing on the abing property way yeah yeah I don't they must have some arrangement that they have

worked out now I I I'm not familiar with that but the other property nothing to do with it that's funny on Mak ground all right don't stop no OB no objections nobody wants to speak in behalf what do we want to do Mr chairman I find that it is not substantially more detrimental to the area and I move Grant second with no with separation of utilities separate no no interior fencing recording of the and recording

of the access easement across lot one to access lot too and perit monuments along the new line and and monuments for the again that's a request of the building dep yeah the other on to go out negotiate fight yeah I don't want Glen get ruined on on Sunday afternoon because somebody's barbecues on the wrong side of the line all right it's a motion and we have second second second on the motion Ricky

sahti yes Danier yes John U sorry Jim cofins yes John Frank yes chairman Pereira yes 930 not too Ral roll ging Fall River Venture LLC this looks familiar 591 North Main Street map zero Lot 12 yeah we got to go home uh Lot 12 the applicant seeks a special permit to convert the former commercial space on the ground level of the existing six unit residential apartment buildings into three single bedroom units leaving

the six residential units unchanged the applicant seeks a special permit per 86445 of the city of Fall River zoning ordinance to Wave parking requirements in the BL local business zoning District go good evening for the record Jeff tomman Northeast engineering here represent here representing F Venture LLC not to be confused with f Ventures which was on earlier tonight uh they own

the property at 591 North Main Street um the property is located at the intersection of North Main in Prospect on the east side of North Main Street um the lot itself is even though I don't see it on the plan it it is actually uh 5,940 ft in size there is it's kind of a unique property where um it is located in the local business uh zoning District which allows for a maximum of uh three

units but there is um the the grade level which I'll call the North Main Street side uh there's an old storefront which has kind of been boarded up there's a couple of doors for Access and and a garage door uh to get in there um it I do want it's my understanding that it has been used commercially in the past but it hasn't been used in in some time um above that there are three

levels um above it which are all residential which have a m have uh six residential Apartments um for the uh for the onnos level so I would imagine they're broken down to uh two units per per per floor what we're looking to do is to utilize that um wasted basement space that isn't being used now to form a commercial space what the applicant is seeking to do is to convert those into

uh three one-bedroom or Studio style um uh Apartments um I did speak to him today and he does have a sketch run up of what he was looking to do and it was actually uh two of the two of the units with studio and then there was one of them was just going to be the one bedroom so um that's what he's seeking to do in order to compensate um for the

uh requirement for for parking obviously we we're we're not proposing um to to provide to park and spots per unit we don't have the room on the property but in order to make an attempt uh to satisfy the bylaw we are proposing one uh parking spot perer bedroom um on a newly created driveway that would be um installed off a Prospect Street at the rear of the property um so pursuant to

section uh 86 425 of the of the zoning ordinance we're seeking to extend the non-conforming um building by adding three residential units at grade level and to install a driveway with a minimum of three parking spots um one dedicated for each newly created unit so with that I'd be happy to answer any questions thanks for the parking spaces um no I mean you know the thing is ugly as Sin right now it would be

nice to have it cleaned up and turned into something that's uh that's useful I uh I'll give you a property owner credit for that not yeah I mean he's doing it to pick up some some dollars on rent but he's getting rid of an eyesore yeah would certainly dress up that grade level which on you know D Main Street which is busy that street is hard to park on already Street you go down there full of

C oh I know I know and the house across the street from that one I believe it's 592 uh there's two units empty on that one has two empty units and the brown house up the street a little bit more across the street from that house has no it's empty right now and they don't even have room foret from doing three Apartments but that's already six families that I believe are live in there right with

with zero parking so Jeff what's happening with the existing garage curve opening uh on North Main Street yeah yeah we'll we'll close the curve we'll close that in to provide an additional I so but there is currently there's an nor street parking space of the garage whether it's being used or not I don't know but no I know at the corner but so theoretically we're we're gaining two parking

spaces and I believe that house itself has an empty apartment too okay so right now we need to get his information too yeah 1818 Meridian I'm sorry what was your name name that house was just sold and I guess whoever bought it just wants I so so are you in favor or in opposition no absolutely not so you're in opposition to not to do it because there's no talking over that

hard time for what 105 paring plots and right this one already has sixes for no paring spots so even if they to do that three they got six families so at least one somebody probably about it's probably about 120 units in that stretch of the road with no parking spots so seriously I mean I go down there a lot and uh it's pretty sad when you get they care they take okay

cover be no it's no requ it's existing anyway so well we we're adding the parking parking spaces you're right but there is no requirement in the local business district and they'll be adding a new parking space on North Main so the tenants out there won't have the parking spaces they will on they can park on the street or they can park on the three that are behind I don't know who the

three will be assigned to in the back but again the point is this is only this is only discussing and I I don't think there's enough when the other houses get full up then there definitely won't be any parking well we we got to look at what we got and existing there's no parking for six units we're picking up three we're picking up three Off spa uh off street parking spaces if we if we permit this

and one on street because we're going to close up a curb opening even though somebody's parking in front of it now it's not legal park in front of an open an open curb you can get uh you can get tiet a ticket yeah I know that that my own houses that's where we are guys one person in the audience and he's answer yeah I would say that the existing garage is not currently be used

by any of the tenant for parking even though it does account for one um but again offset that we will be closing that curb and adding off Street up anyway yeah it is it's it's not accessible is what are our wishes here Mr chairman I'd make the motion that um as being a special permit by forication right y it is not substantially more detrimental for the neighborhood do you want to add an approval to that

and do it as one is byat you just just and um I would yes I would add the approval to it that we that we make a motion to approve as um as presented a second on that guys or is there anything we need to add to that he said has presented um I would just put that at the most maximum 16t curve opening on Prospect as to not take more

street parking away I know the driveway is 22 but the curb opening should only be 16 is there a curb opening there no no no there's a little bit of a retaining wall lose we're going to lose an off street parking space there but let's not make it two y so we gain we legally gain one up front we lose one here it's a wash so we pick up three off streets

okay all right so 16 fo Max on what street is that that is on prospect prospect prospect to live on Prospect did it state that we were going to close the other one yep we have say that as well I can't recall did we get a second on that no okay can we get a second can we get a second on that want to vote it down how for Expedition I'll second it

thank you thank God all right any more discussion on the motion do we need to change anything on it I don't think so on the motion Ricky s yes Dana no Jim ckins no John Frank no jman per just for the hell of it yes okay thank you no see coming out means something see that that's why I waited thank you for coming the words of chairman ex-chairman Assad thank you for coming out thank you for

coming item number nine ddl realy LLP 594 and 596 airport road map z03 Lots 24 and 58 applicant seats and special permit per 86 425 of the city of Fall River zoning ordinance to construct a 1350t addition to an existing building in IP industrial par zoning District good evening haven't seen you in a while Peter solino 550 Lo Street Fall River on behalf of the owner applicant dbll wheel

LLP with me is Joe Cali the engineer on the project sure good evening Mr chairman Joe Cali registered professional engineer offices at 300 Post Road in Warick relatively straightforward application um non-conforming by dimensional variance existing non-conforming it's 3 and 1/2 ft over in the sidey yard setback respectfully we need to uh ask uh respectfully request a special permit

uh for an expansion of a non-conforming uh as you can see the applicant is proposing about a 1350 uh square foot addition uh to really house and operate um what the existing uh Outlet is now uh he just needs more space for his warehousing for everyone's local knowledge this is corporate image in the industrial par corporate image of power very familiar what's his total oh he's going

metal prefab I didn't even notice that before okay we don't have any dimensional issue on this with your back to setback setback yeah yeah so the issue really is that for whatever reason current building doesn't me setb back that's why it's a special so it's a special permit because we're enlarging the non infrastructure so the construction of the addition which is what the request is will meet

the sidey yard setback that's right um what what may pose to be an issue moving forward is that the parking shown doesn't meet the the setback to the property line but that property line is in flux right now they're acquiring that property so you see that red line yeah that they they are acquiring the property from from the butter uh no setback shown but I don't think it needs a 20 foot setback requirement for the

district but we'll deal with that at site plan review hopefully they can adjust that line to meet those requirements or they may need to come back here so the relief today is just for the addition that's all you're being asked to V on very straightforward should put this one first think I would have set precedence this is not a board of President apparently not no Kung Fu here no no Jujitsu

no when you can when you can take the petition from my hand we whacker you can leave here um what do we want to do make a motion to approve yeah I you have I am so sorry post it is a special permit it's a special permit bated again I feel I feel that this will not be more detrimental to the neighborhood and I make a motion to Grant second with a second on the motion

Ricky sah yes Dana yes Jim C yes John Frank thank you very much thank you thank you thank you for your patience C CI in first in case you guys don't know our assistant planner is moving on to bigger and better things moving on to town Swansea as this town that's not better oh he thinks it's better so um of course we never want to hold people back and we

want them to expand their Horizon so I want to publicly thank Chris for all of the hard work he's done he's brought incredible um Dynamic to this board especially with providing different types of reviews little one Pages you're not going to get anymore um hopefully one of the two of us can figure out how to work a computer we we're going to miss him we're going to miss him in the office

and you should all miss him as well because he's been a great advocate for working on our behalf so we appreciate his time of the city a while now too eight of the last 10 years have been here so wow yes and then second to that I think you don't have to do it today because it probably should be on an agenda but you may want to consider and we've talked about this put on the next

agenda a discussion for a vote about time limits on when yes revised materials should be submitted this was the worst meeting ever absolutely and it's absurd yep um and so I would like something to that effect and that hard copies email submissions to me at after the close of business on a Monday night are not deemed submitted that's all hard copies the appropriate numbers need to be submitted to the office at a date

that you determine is adequate before meeting Chris Nina take a lot of time putting together these presentations what's on the iads everything else a plan comes in at 3:00 this afternoon which one just about did yeah they now need to go through and change what they're getting trying to get done for this meeting to accommodate that so what what's the deadline now there there is not Tech well

technically we should not accept any additional information after after the submission which is the 14th of the month okay we we've been very lenient with when we review something in house and we find they missed this they missed that miss this missed that and we explained to them get us a revised plan quickly then that turns into four successions the the Anthony cadiro on tonight I think we got four revised

plans in the matter of a week we requested all kinds of additional information didn't get it at all this kind of stuff comes in the night before it just it makes things as as convoluted as that hearing was tonight all of this information should have been submitted from day one and if it's not then we shouldn't accept it as being submitted and being complete so we need to have a discussion about that I don't want you

to I can talk because I don't have to worry about open meeting W stuff because you're members I'm not so we I would like to put it on the agenda and we can have a discussion about all of these things let's let's just call them zoning board of appeals policies for submission of revised plans and complete submissions something to that effect well let's put that I make a motion that we put that on for next month's

meeting second all in favor so we can uh have a have thoughts together have a a comprehensive uh plan put together as far as what you what the office believes is proper again because was it five on have one different plans several we have less almost almost all of them two3 he says almost every single plan the other piece of that can't wait is the fact that and I were talking the

office the other day if the cut off is X Time 4 4 p.m. 14th there six petitioners standing there yes again so we can't even really check the things in that one correct so you haven't aded yet so you may hit it there are different ways we can handle that make an Appo we can discuss that at the same time let us put together what your options may be um only because I don't

know where the deadline date came from because we used to allow late filings too um or we can require we want to discuss noon time on the day of the 14th or whatever deadline day is it's probably the way we want best to go by your recommendation that it's best to go by your Rec putation you guys can discuss it okay before we all leave minutes yep they were March and April I moved the

waving of the reading of the minutes and acceptance of the minutes second and since Chris is only here for two more weeks I'm taking the next two weeks off so that I can all favor I motion to adjourn second all in favor guys thank you my apologies thank you and good morning