The Fall River Planning Board convened on June 14, 2023, with Michael Ferris presiding. The meeting commenced with a roll call, noting the absence of Gloria Pacheco and John Ferreira. Under old business, two items were discussed: the roadway reconstruction on Wood Street and a surety reduction for Fieldstone Lane, Brookfield Terrace, and Stony Brook Circle. Both matters were unanimously tabled (3-0) due to petitioners still working on plans or documentation. The board also unanimously approved the meeting minutes from April 12, 2023. New business included a discussion on the street acceptance of Merrier Street, from North Main Street to the end of the drive. A resident from 1976 North Main Street voiced concerns regarding property access. City Engineer Daniel Aguiar submitted a memo recommending against the street's acceptance, stating that all involved parcels had existing frontage and access from North Main Street and advising parties to seek legal counsel for access rights. Following this, the board voted unanimously (3-0) to recommend to the City Council that Merrier Street not be accepted as a city street. Lastly, the board received correspondence concerning proposed activity in a 100-year flood plain at 30 Pound Street, 0 Central Street, and 600 Duval Street, which they unanimously voted to accept and place on file. The meeting was then adjourned.
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good evening my name is Michael Ferris planning board it is June 14 2023 we are going to open with the open meeting law pursuant to the open meeting law any person may make an audio or video recording of this public meeting or may transmit the meeting through any media attendees are therefore advised that such recordings and Transmissions are being made whether perceived or unperceived by those present and are
0:33deemed acknowledgeable and permissible the city Charter section 9-18 mandates that all multiple member bodies develop and adopt rules or policies for public comment we've adopted such policies which it short provides for Citizens input on the planning board specific manners at the end of the meeting there is a sign up sheet that is located in the back of the room please sign up to be acknowledged we have a roll call
1:08Beth Andre Mario here Michael farius and absent our Gloria Pacheco and John Ferreira also present arnita and Chris how do you spell rhino thank you uh Alex Mundo of Fall River government TV we'll be recording this this evening for the June 14 2023 starting at 5 30 p.m we have old business the first one to be presented is the roadway reconstruction on Wood Street and I'll hand this over to Chris to
1:52explain a little bit about it so the petitioner has requested that this be tabled yet again they're still working on their plans to submit to you all okay I'm sorry they asked to table the matter they're still working on plans to present to the board okay that's what street right that's correct okay I'll make a motion to the table I'll also mention I'll third okay uh roll call I'm sorry Mario yes yeah and yes
2:33so the roadway reconstruction Wood Street will be tabled our second old business is Surety reduction this is for the Fieldstone Lane Brookfield Terrace and Stony Brook Circle and Chris will give us an update on that so uh the petitioner here again is requesting that this matter be tabled they still owe some documentation to the city engineer at this point I motion the table a second well also a third it I guess
3:11so we just vote on this roll call please thank you thank you this is Andre yes yes Michael Ferris yes and then for old business we'll go through approval of meeting minutes from April 12 2023.
3:34all present here um I don't think it was present that was I I think everyone was there for Facebook good you weren't there February okay or March oh okay that sounds yeah very much okay so yes thankful I was there yeah okay so I just took for the minutes I second it oh you can't you can't yeah approve the minutes from April 12th to this yes yes 2023. yes okay so we'd have new business now that
4:16you need a roll call again I'm sorry I apologize okay hi yes yes yes oh I can vote on this one yeah yes yes sorry first time doing this folks it's okay um new business yes exactly uh new business uh uh Street acceptance and this is uh Mario Street uh from the corner of North Main Street to the end of the drive Chris would you like to uh I think first
4:50we'll see if there's anyone here to speak on this yeah just please state your name and address for the record please 1976 North Main thank you what he's concerned about is our backyard uh puts up against Marion Street we've always had access to that street the new owner across that street purchased property and is under the assumption that he owns everything and he's gonna pretty much build the wall up
5:26against our gate which that shouldn't be the case we've been like we've come to City Hall to question it and we were informed that it was a paper Street technically each person is responsible for halfway across the street so as long as he doesn't touch up against our gate we're fine but if you guys are doing this to make it an official Street we'd be perfectly okay with that because that would just leave it open
5:57thank you for your time so um I distributed a memo from the city engineer I'm happy to read this into the record if you'd like sure okay so this is from Daniel aguiar the city engineer as city engineer I offer that I do not recommend the acceptance of Marner Street all Parcels involved have French Frontage and access from North Main Street merrier street is currently being utilized as a driveway
6:26that serves three garage stalls and a dwelling at 11 through 19 barrier Street access to off street parking for 1960 North Main Street and access to the rear of 1976 North Main Street the street acceptance process should not be utilized as a legal mechanism to claim or assert rights to access I suggest that all parties involved have Team legal counsel to provide guidance as to the legal right of access to
6:56merrier Street very good I make a motion until tonight the acceptance of the street tonight
7:14or not recommend for acceptance sure thing that's a motion by Mario do we have a second very bad and then all um I do have one question um I thought this went to city council for review we had that previous meeting yes yeah so the the process is it's it starts with uh a citizen um petition yes which goes to the city council and the city council first refers it to the planning board for its
7:50recommendation and that's all we do is we provide a recommendation to the city council and they will either decide to accept your recommendation or ignore it basically so that's all we're doing here is making a recommendation to the city council and Mr luciola's recommendation is that we recommend to the city council not to accept the street as a city street I thought there were life safety issues
8:16associated with this that's why I say um I I don't know what Dan um if it was privy to something associated with not making this a city street I know is it right away um a paper street but when we were here last time there were several issues associated with it had to do with police that was a different street Wayland Street yeah that but if you look at this one it
8:47says it as well in here and so um I'm not I'm not quite sure so this one and what Dan is saying the engineer is saying is that the properties that about this street all have Frontage and access from North Main Street so that street itself isn't the sole access to those properties so 1976 North Main Street has access to their property from North Main 11 through 19 merrier Street also fronts has some Frontage
9:18along North Main Street and so does 1960.
9:26I guess my question would be is the property that's in the back in the diagram you have one in the front which is the garage you have another one in the back that's all one property that's all this is all one property so these these garages are for this particular that's right individual and then um but there were several within the the community this community as we had been here last time that's some very valid
9:50points of what the problem was associated with um traffic and police being called there fire rescue all of that that was a different street that's not the street okay all right well if he recommends that we don't take it over it's a private way then I guess then that's what the situation is so basic basic and my issue is the fact that it's city engineer recommended the night you know so at this point in right now
10:25we had the previous uh street that you just mentioned right now was an issue that really it's none we don't get involved when the issue of personal issue or whatever we actually recommend what is the best for the city and the safety for the city so evidently they are issue for the engineer to recommend and not to accept it our recommendations to the city council is the fact the same issue that I really
10:55don't want to be me myself personally I don't want to be responsible since it's okay with everything else but well that's why he suggests that the parties involved whoever they may be I mean there's a list of course it's three properties um right whomever they are that they seek legal counsel to provide guidance as to the legal right of the access to merrier Street um which I I agree that they should do okay
11:23so we had a motion by Mario favor Mario yes uh yes Beth yes okay okay the second one is uh the receipt of Correspondence perhaps you can give us a little bit of information associated with this on 30 pound Street zero Central Street and then 600 Duval Street the correspondence discusses um proposed activity in a hundred year flood plain it's really just a no an informational notice so the appropriate
12:10action here is to accept and place on file yes also agree Mario yes Mike yes yes
12:40do we have any input from
12:51okay so I just say do we have a um I second it yeah yes and I just say yes right okay and then my favorite Mario yes Mike yes yes okay meeting is adjourned thank you thank you thank you for your patience good luck