The Fall River Planning Board convened on Tuesday, May 28, 2019, at 5:30 p.m. The meeting began with the re-endorsement of a plan for file number 18-1425, which had been previously approved on December 17, 2018, but the original mylar was lost by the applicant. The board voted to endorse a new mylar for this plan. Following this, the board addressed three applications for endorsement of plans not believed to require approval (ANR forms). Two applications from the Roman Catholic Bishop of Fall River, for properties at 84 and 120 83, and 420 Bradford Avenue, were approved, with two board members abstaining from the first due to personal connections to the applicant. A third ANR application from Hanover MOV LLC for 235 Hanover Street, involving a lot line adjustment to resolve an encroachment by the Fall River Jewish Home Inc., was also approved. A significant discussion took place regarding a proposed requirement for applicants to provide a deposit to cover the cost of newspaper legal notices for public hearings. A staff member explained that this deposit, which is not a fee but a direct reimbursable amount, would help alleviate the nearly $25,000 annual budget line item for legal ads in the planning department. The proposal, which is being considered by the Licensing Board and Zoning Board of Appeals as well, will involve drafting a formal procedure for the board to adopt at a future meeting. The meeting concluded with the unanimous approval of the minutes from the April 23, 2019, meeting, and no public input was received.
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pursuant to the open war any person may make an audio or video recording of this Bufalino may transmit the meaning through any medium like ten days are therefore advised that such recordings or transmissions are being made whether perceived or unperceived by those present and our games acknowledged and permissible and we now have the form of a planing boats meeting Tuesday May 28 2009 teen 5:30 p.m.
0:35item number 1 and that is the reinforcement of requests on a file number 18 - 14 25 this item was previously approved for endorsement on December 17th 2018 milah has been picked up but had not been recorded in a new milah has been provided requesting endorsement yes the applicant picked the mylar up and has subsequently lost it so we are looking at signing a new one it is the same as what was endorsed prior
1:16therefore I'm recommending that you vote to endorse the plan mr. staff a plan of 418 145 yes no moisture and do I have a second and we have a second all in favor
1:41item number two we have applications for endorsement a plan not believed to require approval form a plan so the first one is file number 19 that's 14 33 the only African is the Roman Catholic bishop octo rumor the location is 84 and 120 83 assesses luck to get 0 0 0 Naaman Thank You Manica Jefferson on the project the application received a variance in February that variance has
2:22been reported and it was for a reduction of frontage and lot area for parcel 1 therefore if BD Street is a accepted public way of adequate width and depth and the proposal can be I recommend approval because it meets the frontage requirement due to the variance being issued any right particularly I respected to my friends in the planning board but for reason why I woke up staying in this the people of
3:06Haiti state was the the Roman Catholic bishop our Father so I already stained stained not about okay that's needed do I have any other comments on this item that I abstain as a but a reason because this is my church it's a big big issue and affect my family so on so really detail I personally feel that's like by being resettled from my dad with self house and suddenly I have to get out and
4:00then of course go back to on support myself I don't think is the same but that you asked me for it so I will abstain this I'll make the motion that it meets the requirement it you would have to state a reason why it does not meet the requirements it well this is called approval not required so you're making a determination that this is not a subdivision under subdivision control law and the only requirement
4:42that you have to find is is that it meets the frontage requirement on a street of adequate surface and width B D Street is an accepted public way so that meets that requirement and the frontage requirement has been waived by the Zoning Board of Appeals therefore it meets the requirement for approval not require I strongly advise to not deny it because there's no grounds and reason to
5:21deny it because it meets the requirement of approval not require
5:35do I have a motion for two we have a motion to approve to have a second in favor aye let's worry about the staining one yes that's us and V is file number 18 - 14:34 we don't - applicant against the Roman Catholic bishop of Fall River this locations on for 20 grand for the Avenue assesses like he - oh boy - Sara Sara - Stefan we have any comments on this I'm
6:24probably going to sell it for a residence it's on the corner of Eagle and Bradford they did receive a variance on February 21st Eagle and Bradford are both public ways and provides adequate frontage and the variance requirement was to the hundred foot frontage requirement and the 10,000 square feet that was issued therefore I'm recommending approval because it meets the requirement okay motion to approve final number
7:06for a woman cats and I didn't never see his file number 19 - 1435 the other applicant and this is Hannover MOV LLC location 235 Hanover Street assesses la M - 16 - oh well 31 yes what the applicant is doing is you see parcel 1 as the 1.3 acre parcel where the Hanover Street building footprint is down a little bit to the bottom to the South they are adjusting the property lining
8:02creating a essentially the Fall River Jewish home Inc has built an encroachment and instead of demolishing and moving it Hanover is agreed to to adjust the property line around the encroachment so that will be all on the Fall River Jewish moment Inc property so it's strictly a lot line adjustment it's a it there's no frontage changing Hanover except Republic way and it's a it's
8:36merely just jogging the property line to get rid of the encroachment you can see it right yeah right there where your finger is Mario doesn't approach me yeah so this is just a cleanup a title issue and the approachment I'm recommending approval any conversation how's your meats only very blended yes okay I make motion to approve file 1914 35 in over suite LLC second paper by that and how
9:30you remember the three we have a legal notice deposit its discussion of requirement deposit to cover the cost of newspaper legal notices but public hearings application yes thank you madam chair what we're looking at doing is the newspaper ads some of very few proposals under the Planning Board us these four maids don't require newspaper things like the street discontinuance Street acceptances any public hearing
10:06items subdivisions which you know we do not get a lot of require the public notice adds typically that there's a line I am in my budget and that line item has you know it's depleted almost every year what we are looking at proposing is requiring a deposit this is not a fee under master no law chapter 53 G and a half the board's can set up a deposit requirement so what I'm looking
10:40at proposing with the planning or the Zoning Board of Appeals and the licensing board is we will set up a fee or a we will set up a deposit requirement for an applicant they pay the application fee which is to process the application and then goes to help paying staff and and it just it doesn't cover staff but it you know supplements it and then we would have a separate
11:08deposit that is taken in for to cover the cost of the legal adds and any funds left over under the law are then refunded back to the applicant so it's a it's it is not a fee it is a direct reimbursable deposit so it is for a specific purpose I wanted to bring that up and I wanted to look in acting it at the beginning of the fiscal year and I would add some language of the
11:39next meeting to hold a meeting regarding your policies and procedures and outlining the deposit requirement and there's very few applications that you that this board gets that do it but if you look at it it's a almost twenty five thousand dollar line item in my budget in the planning department budget so and the boards have to put this under their procedures how they're going to collect
12:13the deposit the deposit is a direct reimbursable it's pays the newspaper add anything left over is refunded back to the outlet but still it's just sort of a fee the applicant estate even so that says it was $50 and you spend 35 but it's more like it's more like a legal add as a hundred and seventy five to two hundred dollars right right yes so it this is a fee this is not this is not a
12:49fee this is a deposit fees go our levy and go to the general fund so a fee for an application is accepted against then it gets deposited and it goes to the journal fund this is not a fee this is a direct reimbursable so what we are doing is we charge a deposit we put the newspaper ad in it's for a specific purpose whatever is not used as then refunded back to the end
13:24and it's a lot of uh communities do this I understand correct still it's not the form of the applicant only gets back what's left over minus the cost of the legal app I don't think my problems will understand is this again is the applicant and we're paying a fee what cost the applicant will put a deposit down with us for the cost of the legal act are you skated that we weren't
13:59the only boy that was considering there's that there were other boards for us I'm looking at doing this well the three boards that make up the the legal budget in the planning department are the licensing Zoning Board of Appeals and planning board currently Conservation Commission requires the applicants to do their only lab so and this is standard most communities do the separate deposit for the legal ad and
14:33then they take that application fee okay so long that's legal and if you explain and we are the only first one no you're the last board I've talked to I've already talked to the biker sir I've already met with the licensing board and I've already met with the Zoning Board of Appeals and then meaning with the Planning Board that I'm going to write up the procedure the licensing board was fine with it the
15:08Zoning Board of Appeals wanted some additional information they just wanted to see because several of the couple of the members of the Zoning Board are attorneys and towns do it somewhat differently sometimes towns take a deposit and then do the refund some towns do the write up the legal ad give it to the applicant and make them publish it we're just you know and it's but it's still the cost is on to the applicant
15:41for that specific legal act so they wanted me to gather up so I was gonna check with the surrounding towns and also the city's you've got Verdana talking inaudible and say here are the two or three ways that these communities deal with it and this is the way I'm recommending but in the end it's the direct cost of the legal add it may be the responsibility of the applicant okay
16:13so motion will be carry on to illegal and notice of the no motion it would be when I write up the procedure and then you would vote on adopting the procedure this is just to let you know that where we are and I didn't want it to surprise you I wanted you to understand what we're talking about that where it was what I'm a pushover my shovel okay okay so this item is actually
16:39capable in its meaning right it's just uh it'll be a separate item it'll it'll be under I'll have a separate item regarding procedure changes okay very good yes and item number four is the approval of the minutes of the April 23rd 2009 team meeting draba motion eight to 15 minutes gets to approve the plan of God minute yes it's very very quiet to me it's against the weather a second per second all in favor aye
17:30it's smelling pose so groups there is no one here for the public input and so have folks would your second