6.15.2023 Zoning Board of Appeals

good evening I am Joseph Pereira chairman of the zoning board of appeals for the city of Fall River it is 6 p.m on Thursday June 15 2023. we are meeting at one government center in the first floor hearing room to Massachusetts General Law chapter 30A section 20 subsection F I hereby notify all persons in attendance that this meeting will be recorded by both video and audio devices Mr Craig Salvador from

Fall River government TV is recording both video and audio versions if anyone desires to make an audio video a combination recording here of please notify me now and I shall make a public announcement of your intention see none our recording clerk this evening is Nina Krueger sitting into my immediate right present this evening are permanent members John Frank our vice chairman Jim Calkins our Clerk

and myself Joseph Pereira we have two alternates that we'll be sitting in tonight uh to my right Mr John Silva and Mr Eric Kelly we also have an attendance the director of engineering and planning Dan aguiar sitting to the my far left and uh Chris uh perreno um associate planner I always forget assistant plan I moved you up one notch sitting to my far right Nina have all petitions to be considered

this evening been probably properly advertised in all interested parties notified in accordance with the rules and regulation of the zoning board of appeals in Massachusetts General law 48 yes I declare the June 15 2023 regularly scheduled meeting of the zoning board of appeals of the city of Fall River opened for such business as shall come before it I remind all persons presenting before

the board including the petitioners of Butters anyone in support or anyone opposed to a petition that your presentations should be limited to three minutes questions and responses must be directed through the chairman 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 parties that this is the zoning board of appeals and our Authority exists pursuant to Massachusetts General Law chapter 48 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 and or approvals may be required for the

specific development and or use for which which is the subject of your petition before the zoning 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 attorneys and are not competent to give legal advice the action taken by this board has real and Lasting effect upon your title to

your real estate I urge all petitioners to seek competent legal counsel before filing a petitions and after the decision of the board has been made for example there was a city ordinance 2015-11 section 10-11 requiring site plan reviews a copy 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 zoning ordinances 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 citizen input on zoning board specific

matters at the end of the meeting if anyone is interested in make making public comment at the end of the meeting there is a sign up sheet on the table just outside the back door I disclose that an official copy of the zoning ordinance is available at the city clerk's office one cannot rely on the online zoning ordinance are there any questions before we begin hearing none we will go to our first case which is

old business petition number zero one Brian Rua care of attorney Mark L 11 41 Crestwood street map p-25 Lot 23 the applicant seeks a variance to construct a garage with a living space above it waving all side yard setbacks in an S single-family zoning District uh this petition was previously tabled on May 18 2023 uh Zoning Board of Appeals meeting by the request of the applicant Council the floor is yours remember

support good evening as some of you remember last month I presented this petition it's a mass petition my client is asking for a five foot setback from a boundary line he is again going to add a bedroom put a bathroom in a closet and then have parking below his uh built that unit everything else is on the living area is on the second level I would say of that property the reason my

client needed this because if he added this to either side he would be asking a waiver because just for the size but the fact that he can't go in the back because there is a sewer line and that's what the the engineer requested that we present a new plan showing that sewer line where it was and how it wrapped around the house and also to add the driveway that came out of the garage the percentage

coverage was still under the 25 percent required the sewer line my claim will have to extend to get around this pot but on the other side as my client explained those are bedrooms there so if he added a bedroom he'd have to eliminate a bedroom in the house in order for a passage to get to the main house so this is The Logical area for this property I mean it's we talk about

a de minimis type of waiver of five feet we're not asking for any other waivers it is compatible to this type of use in this neighborhood to have a three-bedroom house and it is a single family neighborhood presentedly and he you know is has a lot that that is of coverage that meets it but the problem is he just needs a sideline setback and that's really all this is okay and you've added a driveway then the

driveway yes it was missing from the garage he didn't the engineer didn't shoulder the actual footprint of the driveway because we needed that to show the impervious material for the lock coverage okay so he did add that in and with that you're still below 25 percent it's still below that 25 okay there's no curb there is there yeah I don't know I'll have to get a curbside yeah yeah okay

I don't know if the other driveway is you know what the dimension is yeah you're about 16 feet total so if it exceeds 16 total it'll have to go to the city council right all right it comes through engineering first through site plan review okay and that sewer line is where on here it goes outside the property it's mocked ass and curves around to the I know well I don't ask I thought I'd get

confused last time when I was here I thought it was actually when I did it the document I thought was an easement that went back there but it was just foreign

that they designed it that way in a house lot but someone did okay um members of the board any questions for the petitioner any comments from engineering nope it'll go through site plan review yep um I would ask you to consider a condition requiring the home to remain as a single family no kitchen should be constructed um and built on the corners with the plan we already know Olivia relief requested

anyone in attendance wishing to speak in favor of this petition anyone wishing to speak in opposition okay they're hearing none I turn it to the board make a motion to Grant exactly remaining a single family dwelling and also no kitchen to be added on that you know think that's sufficient anybody wishes second a second okay John Frank on the motion Jim Calkins on the second any discussion okay they're hearing none

uh Eric Kelly yes John Silva yes yes Jim Calkins yes John Frank yes chairman Ferrera yes you made it three minutes yeah thank you thank you very much under new business item number one Wings TV Incorporated 1368 Plymouth Ave map f24 lot 60. the applicant seeks a variance to erect a 50.4 wrench by 90.7 inch LED sign waving zoning requirements in the R4 two family zoning District

yourself representing so if you can just identify yourself please for the record

Incorporated okay so tell us about your petition okay we're here we've had the sign on this Bullet Avenue it's extremely busy intersection and uh we've had the sign for over 30 years and we do put political signs there during the election but the important thing I want to point out to this board right now is never have I ever collected any money for any politicians of different people put

signs up there it's all been grottis and this sign here if it's a more expensive sign which we'd be paying the tab for it's uh it's going to help out the city in a great way I believe the different businesses that use design now and people that we have using the sign right now and I bought some stuff I don't know if Nina is going to talk out to the uh

she's got it there okay there's a lot of things I sent Anita to show you the type of signs that we have put there and if you can look at those I would appreciate it some maybe not now but you know then check them out yeah we've got it it's it's in your package

thanks

so you can go ahead go ahead all right I know we don't we don't have that to share on the big screen um I'm taking it that the sign that's there now was pre-zoning the same thing now is graduation thanks to graduates is on this at Pleasant time but the present sign excuse me he has difficulty hearing sometimes so I need to interview so that that wasn't permitted in any way the

sign that's there now did you receive any type of permit from the city to erect that it was done years ago it wasn't required it never required to put one there to my knowledge and with all the property for close to 40 years I mean it's been there for a long time you know I I will point out that even the sign that's there now or certainly the electronic sign that you're looking at

by the bylaw and you're looking for a variance is not allowed in the zoning District right um that's where we're here sir and if and if it were it's probably just at the um I think it's just that the the margin of size of a sign that could be put up in other zoning districts any questions from the board if anybody in the audience wants to look at yeah thank you

take a look at them the existing sign in the proposed sign if there's anybody here can I just have one how will the sign be the same size as the sign that's there now yes it is it's a little bit narrower it's about a half a foot higher but it's a little bit narrower and uh I want to point out in all these years we've had that sign there's never been any

accidents there at all because of that sign or even so there's been never been any problems there because of that that sign and I do think it's a major plus to the community the Fall River Community to let people put you know put ads on that thing the way the way they are the way it's written up and that's why I think we should have it I want to point out something else the cost of

advertising and I just got this in the mail which you guys got but the the sign this this ad right here that uh is about 800 somewhere dollars this this thing right here and I will bet you that over a thousands and thousands of people more have seen this our sign that have read this 800 some odd dollar ad that the taxpayers of all those people are going to pay for so the

sign is very valuable for the city of Fall River I'm not making any money on the sign it's costing me money if we get it but I do think it'll be a great asset to the city of Fall River in the community in many many different ways and that's the uh that's the message I want to put out yeah I just have one other question is it's going to be like

the one that Dunkin Donuts that kind of goes or is it going to be blinking this uh there's all sorts of science but it won't be Blinky no the other thing is it will not be moving either because it is a busy intersection and I figured if you have something moving there's a possibility that somebody be looking at the sign moving to see where it goes and it could be causing accidents so I do

not want the sign to move I want this to be primitive for so many you know so much time and switch it to something else this will give us the opportunity to add a lot more churches a lot more businesses a lot more organizations than what we have at the present time and that's my goal I think it's a major Plus for the city of Fall River and it doesn't hurt anybody as far

as I can see and lots of people read it and I've got a lot of compliments throughout my life on this on this location so that's my that's my that's my PO nothing's changing it's just you want it to be a neon I want to be yeah something that it'd be something like you've got here okay nothing like this it'll be very much more visible to the people it will say welcome to Fall River

a lot it will help it will help out the community to promote the community which I would like to do you know I like to try to do I've done other things in the past in the community and this will just be something else that I've added to that to that you know that list of things I've done thank you John I I admire your your willingness to do these things for free

the hard part is it's not attached to a business that's at the site it's it's an individual you know you're doing it as a as a private citizen not as a businessman right so that that's sticking out of my mind we're not a board of precedent but you know how it goes any any other questions from the board at this point well it's a it's a variance request so we we get it here so

what's the hardship hardship topography soil condition some reasoning behind why you are requesting a variance well the it's not a hardship on me I'll tell you because I don't make any money on it okay it's going to cost me about twenty thousand dollars to do this and uh for example pull you inside quoted me 40 000 they wanted to do this thing and someone pointed out that you give guys

give me permission to do it everybody else will want to do it but I don't think there's many people in the city that's going to spend between twenty and forty thousand dollars to put up more on these signs on their front yard it just doesn't add up so this will be somewhat unique I think if anybody else wanted to do it I would I would welcome it and we could join it together and use the same

messages online the other side who somebody else wants to do it and it'll be better for the city of Fall River and you can see the list like I give of some of the some of the businesses some of the the post office is another one that uses it the churches that use a sign you know it's just it's just a major major help to the city of Fall River in my opinion

I'm I'd be paying the money for it and I'm not going to charge anybody to use it that's the other important thing and it's it's a plus there's a big Plus in my opinion and and again and and it's a matter of of the record because it is a variance it has to fall under is it the shape of the lot is it the soil is it the topography

and if it's if it's none of the three there's no hardship correct there's no hardship on me no no no no no no no it's okay Frank is that from planning to fall under this my initial in an idea of this would have been to file it as a special permit yeah yeah to to change the existing or extend on the existing non-conforming use but that's not what's before you yeah

um the Merit of the request in general in Mr Wing's um proposal he did list that the process of going out and physically changing the lettering no it's becoming difficult for him correct yeah again does that have to do with the shape Topography of the lot maybe because of the location of the existing sign where he needs to walk to that might be a little bit of an exaggeration but not something I

wouldn't have tried in the past um so my concern with the sign itself and the Merit of that um would be that there's nothing moving and it's only stagnant messages no no less than seven second intervals in between each specific message which can be programmed there should be no commercial advertisement including Wings TV no political uh candidate specific advertisement you want to advertise the

election coming up something like that that's good but not candidate based people ask for the candidates ask me somebody say yes to it somebody say no to but a lot of candidates ask me if they can put signs up there if I don't know the person I I usually say no no I don't know him unless you're right you've got the fence signs on the fence nothing to do with

this but this sign specifically if we if you want to view it as you know a community-based Endeavor then you should think about putting some specific limitations this request was denied in 2010 whether or not it was given this much explanation I don't know we didn't go back and look at the minutes of it but and at that time it was listed as an electronic Message Board sign so you if

there were no limitations on it then I can understand why it was potentially denied at that time I would have I would like to listen to if anybody in the neighborhood again this is a residential neighborhood if anyone has concerns and if so um there can be a time frame by which the sign needs to be shut off at night whether it's nine or ten o'clock at night so that we're not getting any additional glare yeah

I know it is yeah but it's residentially zoned so if someone else comes in and builds a house because I think it's residential directly across the streets you'll be interesting to see what it needs okay when was this sign was the sign ever approved we could find no zoning approval okay that doesn't mean that the building department didn't give a permit for it that that we do not know so we have we

have a pre-existing non-conforming use that may have been pre-zoning that may have just gotten put up regardless now we we go back into record and we can't find any any process on it so because it's that's not normally allowed and that property like that and the zoning District it is not allowed specifically so did you have a question John okay anyone uh in attendance wishing to speak in favor of the petition

anyone in attendance we said you uh was interested some letters we got particularly one from from Jim Rogers that was very very well put together I saw and I appreciate what Jim did for it too is we've helped him out for many many years and he says this it is a message to you guys okay we all have copies yeah we all have copies of that you should yeah

yeah we do you do okay very good okay we should read it into the record members of the um members of the council committee Frank wing for over 40 years Frank Wing has promoted the Fall River Scholarship Foundation annual Christmas arts and crafts fair uh he um hmm I don't know there's just an error in the print here thousands of residents have seen the sign as a result and have come for the

Christmas fair with Frank's help this Foundation has increased the amount of money raised for at the fare for the distribution to students in the um yeah there is something cut off for this Foundation uh is pleased and gladly supports his bid to replace the old sign with a new one I have known Frank for many years um something about the new signage something's just cut off in here yeah I

also know that Frank through the years has assisted many local organizations by permitting them on his promoting the modern side Frank is one of the unsung heroes who always tries to be of help to the local groups I would like if you would like any additional information please email me yours truly Jim Rogers president Fall River Scholarship Foundation um and I appreciate that let me go back is there anyone hearing

nobody in favor is there anybody here in opposition to the petition they're hearing none I turn it to the board unless you have any other questions now it's time to ask them if not time to get busy Mr chairman I move granting of the bearings uh on the condition that the sign is stagnant and when they remembered duration of change the message thank you I wholely agree with that too um no political

if somebody wants to have that that's and hours are there being no opposition in the commercial area well it's commercial area but it's it's a zoning to it's a residential district so wow do we have a second or amendments to that our second we have amendments to that petition that motion foreign we have a second to the motion I will last three times do we have a second to the motion

all right the the motion the motion fails is there then a motion to deny pushing tonight motion to deny is there a second to deny second on the motion to deny um okay discussion they're hearing none John Frank yes Jim Calkins John Silver yes Todd yes yes ah you made it so that's okay Eric Kelly yes and chairman Prairie yes I'll come back into the special permit I think

resubmit so he said no right and if you care to resubmit as a special program to change the existing non-conforming use we can look at it again under under those that circumstance and stop by talk to Nina you know well now yeah I know okay all right so what would you do now special if you if you want to continue with it file a special permit would be my okay yeah all right that eliminates

the requirement that you show a hardship okay I appreciate that thank you okay okay so I should follow another application let's check a different box yeah check it everyone I want to try and track down when it was put up did it get a building permit other things would be nice to know when it comes back okay and you can't find the building department if you can't find those things then

if you can't find it then we can't find it yeah okay I know and like I said it's been there for since we hold it about 37 million years Okay so the other thing I want to say but wait didn't want me to say this but I've done quite a bit for the city and I'll tell you some of the things I think I I brought in Bristol Community College I

knew Governor Volpe very well and I told him about Jersey Tech back when we first came around and he looked at it and they picked Jeffy Tech all right I was his campaign manager for Bristol County when he was in he I went to Wentworth and that's how he met him that's what Wentworth and he uh he had me as a Bristol County Champion for his two campaigns that he ran for governor

so I've known him for years but I actually did that then when we moved to uh the other locations my wife Selma don't say this location I didn't know about that when I found out I went back to Volpe and that's how we got a wound up getting Ellsbury Street okay the other thing I did for the city I for two years I did the the movies for the city in Fall River I remember that

on Kennedy Park so I'm trying to help out the city

thank you very much yeah thank you thank you thank you item number two Reuben pimental care of Attorney Peter a solino eight Stony Brook Circle map u04 lot 71 the applicant seeks a variance to construct a single-family home with a 23.1 foot front yard setback waving front yard setback and an S single family zoning District where the required setback is 25 feet good evening Council good evening for the record

Peter celino 550 Locust Street in Fall River for the applicant Mr chairman I'd like to move your board to table this matter to next month's meeting uh subsequent to the submission it was discovered by the engineering department that there's an error in the plan and we actually need to amend the relief we are requesting to include side yard setback and as a consequence of that we'd like

to request the board to allow us to table it and submit a new plan and re-advertise we have a motion allowing the table tabling of the matter the correct plans motion to approved in order for the applicant to correct plans second with a second any discussion you're hearing none uh John Frank yes Jim Calkins yes John Silva yes and Eric Kelly and chairman Ferrera yes thank you and I have the check here

kudos to the engineering department for catching the uh moving on to item number three which I will have to recuse myself from I will make a point up front uh to attorney Parisi is that this will be a four-member board voting on your petition if you choose to move forward and you would need all four positive votes you need the super majority I understand that um Mr piano was kind of uncommon today and informed

me of that so yes we'd like to go forward

okay so the voting members are going to be Eric Kelly John Silva myself and uh James Clark uh this is item number three vertex Towers LLC uh 42 Estes Lane map d04 lot 26 the application seeks a variance to construct a 136 foot tall cell tower and a commercial Milk District Council uh good evening my name is Francis Parisi Parisi Law Associates representing the applicant vertex Towers LLC

um I actually have a presentation up there but I thought I also have paper copies if anyone wants to kind of look at it while I'm scrolling through it

none of it's different than what was submitted previously no it's just it's just it's more captured okay I think it explains it better

we are here tonight seeking a variance to construct a a cell tower Communications Tower in a commercial um it's called the commercial Mill District CMD we're also looking for a variance to exceed the height restrictions in the commercial mail District to to build a it's technically is 130 foot structure with a small lightning rod on top so the total height is 136 feet so it was uh required as 136 feet just for

clarification I had originally approached the building inspector's office they said I needed a special permit so we applied for a special permit when we came to this board last week Mr Aguirre pointed out we probably need a variance subsequent to that I've met with Mr aguiar and Nina and we have applied for a variance we've continued that special permit decision assuming that the board grants the variance

tonight we'll withdraw that special permit decision I uh um I read the bylaw a little differently but it sounds like over time there's been a lot of history in the town with similar facilities that have all uh granted variances for the use although most of the comparable types facilities in town were either granted by building permit prior to the adoption of your zoning order or for other reasons which

I wasn't sure of but I mean it has been very helpful in trying to help us track down some of the history of other facilities in town just by way of introduction I'm going to kind of recap I actually not recap but redo the stuff so we get stuff into the record vertex Towers what we call an infrastructure developer we build Wireless infrastructure we partner up with various telecommunications companies in

this particular case a t who already has a very robust Network in the uh city of Fall River they have multiple sites in the city of Fall River utilizing existing Towers existing rooftops throughout the town but notwithstanding all of the existing facilities that they have there's still gaps in their coverage and we submitted as part of the original application a lot of technical information from radio frequency

Engineers from civil engineers from site acquisition Specialists to show that there is a gap in coverage there's you know what is happening in the Telecommunications world is our phones are getting smarter as the newer Technologies come out our phones are getting faster our phones are doing more things and coverage that we enjoyed five and ten years ago from existing facilities is actually shrinking in

addition as you can imagine a place like the city of Fall River there's you know with a densely Urban population a budding a major State Highway Route 24 with the major commercial District across the highway the South Coast Commons and and all the uh the the buildings that uh you know there's just a need for better telecommunications it's really a public safety issue um people are are using their phones as

opposed to their why their landlines you know we're up to 80 percent of 911 calls are made by cell phones and as you get into more densely commercial structures dense buildings like this for example I tried to get a I tried to download some stuff while I was sitting here and I couldn't do it because the Telecommunications in a building like this is lacking as you get to uh you know other buildings like

South Coast Commons and all those types of buildings schools other things people are trying to use their phones in their houses as opposed to a uh in their cars or Outdoors so you know it's just uh the need for for better telecommunications is really becoming a public safety issue and Verizon actually I'm sorry not Verizon a t actually as part of this is developing a concurrent Public Safety

Network called firstnet and what it is is um the federal government in allocating more bandwidth to a t several years ago said we want you to build a public safety Network we want you to uh build a network that um 99 of the time when their Public Safety needs are relatively uh normal that ATT can use that bandwidth but if there was ever a major telecommunications need a plane crash or

a weather incident uh uh that uh uh Public Safety could flick a switch and get dedicated access to this network so it requires us to build sites in to to provide more um ubiquitous coverage throughout residential neighborhoods commercial neighborhoods along the highways and build a much more reliable Network to facilitate that Public Safety as well we had submitted several uh maps and affidavits from radio frequency

Engineers showing the Gap in coverage the the uh the coverage objective here is actually quite small it's really the southern end of um uh fall over extending a little bit into Tiverton but not really it's a very uh highly traveled route 24. uh it's a a very dense residential neighborhood to the South along Dickinson Street and going out towards the uh the River and then also as well the commercial activity

just on the other side of the Route 24 with all the big strip and big box retail facilities out there and there is already a little bit of degree of coverage what would for uh ATT is trying to accomplish is reliable coverage coverage that works in your basement in the building yes along the highway yes Outdoors but also like more reliable coverage because like I said it's becoming a public

safety necessity you know there's just the vehicular traffic along Route 24 is substantial 67 000 cars a day there's an immense amount of traffic along the the Side Road Stratford Road and then in the residential neighborhood as well so what this is designed to do it's not designed to cover all of Fall River because there's already coverage throughout most of Fall River it's certainly the

downtown area the southeast Corner down by the river uh I'm sorry southwest corner and we're trying to just focus on a very small coverage objective and which is why we're able to build a facility that's and you guys all say 130 feet tall in our world it's only 130 feet tall that's actually a relatively small facility compared to some of the existing facilities in town the the towers along Route 9195 at quickashan

and more web service weapon those are over 300 feet tall what we're building is something substantially smaller just to cover a very small geographic area and you know why Estes Lane why here we do a lot of research to uh look at the existing Wireless infrastructure the existing land use as you get you know most of Fall River is very densely residentially populated and with a lot of you know 5000 and

under square foot Lots there's very few uh areas that have very Big Lots uh there are pockets of commercial industrial activity and we were lucky to find an area that uh um is the commercial Mill District this is the type of facility that this the type of zoning District that was designed for these type of facilities it's uh but at the same time it's very passive in nature we understand we're

close to residential networks but every telecommunications facility in the city of Fall River is close to some residential neighborhood and you know but these facilities are very passive in nature they're they're very low powered they're very um there's no traffic once they get built there's maybe about six weeks of construction activity this is probably a little bit less because it's

already a cleared area so we're talking about months of construction activity and then the facility is passive it's unmanned there's no traffic there's no um sanitary facilities required for men somebody might come by once a month just to check on the facility but they're actually very remotely monitored so it doesn't matter how um you know it doesn't have any impact on the nearby residential neighborhood

um you know there's some question as you know I think there was some correspondence raised as part of the previous application why can't we go any place else and it you know we get that question a lot but uh you know we submitted an immense amount of data to the show that we had looked at um several other Lots in town and we really don't have a lot of latitude

because as we saw from the uh the coverage map you can't go too far to the North because you're uh overlapping with coverage already from the quickest on Tower and other Towers there's a a Fall River Housing Authority building up uh near here there's another tall residential building on the west side that already defines coverage so the Gap is very limited and it's also very restrictive so we don't have a lot of

latitude to go too far north too far south too far east or west and uh um and then given the the land use in the area that we talked about you know uh um you know there's really not a whole other options um the um you know everything to the uh to the east of this gets into undevelopable Wetlands there's some large Lots there but the reason why there are large lots

that are undeveloped is because they're undevelopable Wetlands uh um so we believe you know we actually approached the uh uh commercial area on the other side of the uh Route 24 the the big uh Market Basket and that whole Plaza the South Commons and they weren't interested and not because they didn't want it there is because they had such very um extensive parking restrictions for there so they don't have any land to

give up for for a cell tower and uh so and we talked to many different landowners in the area to show that you know just to see can we go somewhere else and the data certainly supports that we don't really have any alternative here the the facility itself is a uh you know we're building it's a 6 60 by 60 uh uh 36 uh 100 square foot compound set back way off of um

uh Estes Lane as far as we can up against the highway to minimize the impact on the neighborhood uh um we we just had given all of the other facilities similar facilities in town we uh we looked at them and then we all noticed that they were all set back the same way not to go to the center of the property where you might be able to meet setbacks in all directions but

offset to be least impactful to the the rest of the neighborhood which is why we went to the back of the facility right up against Route 24 as opposed to anywhere else and we looked at that very carefully the facility itself is just a it's a 60 by 60 fenced-in compound there's um you know the area itself is actually already cleared and uh um asphalt will be just digging up some asphalt putting in a small concrete

foundation and uh fencing in for some telecommunications equipment so from a construction standpoint they carry non-invasive the tower itself is what we call a monopole tower they um there's several facilities already like this in town and some of the surrounding communities this is different because I think it's a little shorter than the ones that are already in town because like I said it's only designed to um

satisfy a very small but substantial coverage Gap these facilities are actually very overly engineered as well and what happens every time there's a storm like Katrina or Sandy or some of the major weather events that we've had nationally the engineering standards get updated to make sure that they're designed to uh um to meet very stringent specifications once this process is done once we get

approved by the zoning board we then go back and do very extensive geotechnical analysis and design a foundation very specific to this location we don't know what's underground yet but we will find out and then we our Engineers will design it very specifically so they're very conscious about the safety concern the uh the other thing too I know this board has heard many different telecommunications

applications there's uh antennas on residential buildings and in much more densely residential neighborhoods I saw a water tank not that today that was surrounded by residential and you know I think the board has already um recognize the public safety benefit and the lack of any safety detriment these are very low powered facilities like I said they're not designed to cover all of ball River or all of

Southeastern Mass it's really designed to cover uh uh not even a mile in each Direction so that it uh uh you know it's and because a cell phone is a two-way communication you're talking like this this is a low wave of power communication so you know there uh and we submitted data in the application to show that even at um full um usage even if there were multiple telecommunications companies all

broadcasting at the same time had a very busy time because that's what uh um uh um generates kind of the uh the most frequent emissions it's still well below applicable um emission Sanders set by the FCC and and and you know what we did is we designed the height very specific we played with different heights to show that uh um this is really not uh designed to cover much into it and really just a 224

quarter and to provide much better quality coverage and what the green is is that that really good quality signal it penetrates buildings it works very reliably in residential and Commercial structures the brown kind of represents where you'll get some coverage but of a more what we call in-vehicle coverage it'll work reliably in a vehicle but um you know we uh but we're predicting very good um

um in building coverage for the uh the Dickinson neighborhood going out towards the coast and also the commercial area to the other side and then when we dovetail this with all the other um existing facilities in town utilized by a t we see that if you know the goal is to get green the best quality signal throughout all of uh Fall River and we're doing the best we can with the existing infrastructure and then filling

in where there is an existing infrastructure with uh smaller facilities like this Tower um I don't understand we need to get a variance uh speaking to Mr agyar I don't necessarily agree with them however he's convinced me that it's easier to apply for a variance than it is to not you know argue it but I think we very handily meet the requirements for a variance we understand that we need to

show that there's something specific to the land or soil or topography that creates the hardship and that relief can be granted without any detriment to the public good and this is actually very easy to satisfy given the need for telecommunications given the lack of other available infrastructure given the Topography of the area given the uh the location of the facility in the commercial zoning District as opposed to

the nearby residential zoning District given the height restrictions imposed by your zoning bylaw giving the demand for better telecommunications there's certainly a hardship there to uh that justifies the granting of a variance for both the uh the use and the the height of the structure this has actually been looked at by many many cities and towns most towns I go into in Massachusetts I

require some sort of variance and many towns have looked at this federal courts have looked at this uh and uh you know that need to satisfy the Gap in coverage the lack of Alternatives is actually been addressed by by federal courts as the need to cover that could close the gap is an is one of those unique situations that justify the granting of the variance we've gotten dozens of variances in the Commonwealth

of Massachusetts and as an industry including at T has gotten many variances in the city of Fall River already based on that the need for better telecommunications um the other thing to it I I will tell you this is certainly a benefit to the public we've talked about the public safety benefit um I I mean and I have done a lot of research there are already eight that I could identify Towers in town all

substantially higher than this facility that provide some sort of telecommunications signal throughout all of the town and uh throughout all the city and uh you know some 300 feet tall several 185 feet tall a couple that are in industrial zoning districts several that are also in commercial Mill districts one that's actually in residential district or business limited business district you

know there's and all of which are actually closer to residential neighborhoods in this particular facility uh given the the layout so I think you know you know the the city has certainly recognized the um the benefit to Public Safety and the lack of detriment to the neighborhood that the type of facility like this actually engenders and then the last thing and I got to say this the federal

government is very involved in telecommunications infrastructure citing back about 25 years ago at this point they adopted laws to um preempt local zoning not exclusively but in general what the federal government wants to do is encourage multiple telecommunications companies and ubiquitous coverage throughout all of the United States and basically what the federal law says is that your zoning

can't have the thick effect of prohibiting telecommunications I looked at your zoning bylaw and I thought I only needed a special permit and Mr agyar convinced me no it's not a permitted use so therefore you're prohibiting the use absent the need for variance which is what we've applied for your zoning bylaw limits things I don't even know I didn't look at the height limitation because whatever it is it's

not tall enough to get above all of the other um structures in town all above the residential and Commercial structures the highway the the foliage in order to provide a uh a good quality telecommunications signal and I you know like I said the town has already or the city has already struggled with that in many other similar facilities throughout the town and there's lots of um case law

throughout the Commonwealth of Massachusetts and the federal courts and also nationally with towns trying to restrict these things you can't say there's got to be somewhere better because we provided data to show that there is no place better you can't say well we don't like the looks of them well because if you you know it went in a city like Fall River there are dozens of very tall structures and there are

dozens of cell towers and other things Smoke Stacks water tanks and buildings and power lines and you know I think the city has gotten over the concern of tall structures we unders we recognize the benefit we recognize the need and you know there's hardly any place in town that you can go and where you can't see something tall already given all the tall structures that are are throughout

the town so with that I'd like to take a very deep breath and say we were to respect the request that the board Grant the variance so that um we can move forward with the project and the last thing I'm going to say um the um these facilities are very heavily federally regulated by the federal government as well as federally encouraged by the federal government we need to do a very extensive uh due

diligence as part of our federal requirements independent of the local requirements to make sure we have no impact on Wetlands which we've already engaged biologists to show there's no Wetlands no endangered plant or Wildlife species no impact on migratory Birds no impact on Native American resources is a very extensive environmental due diligence that we do independent of this so if

this board were to approve it then we would just go and complete that due diligence and uh and then ultimately apply for a building permit so at this point I'd like to ask I have all the uh the application that you have in uh that I submitted part of the application and all this stuff I have here on the screen if you guys have any specific questions with respect to the site or anything like that

I'm supporting question I just have uh how many of these towers are interpreted over the Border do you know how many are interpreting um there's one a couple miles south I know right along Route 24.

um that I was I worked on about five years ago I know uh ATT is on three different facilities in Tiverton as well and I think there's probably more with others so I'm gonna guess five or six but I'm guessing this is equal to like a 12 stories high I guess is that the 136 feet is 12 stories we don't look at it that way because they're not structures that people story

but uh it's 130 feet and then there's a small lightning rod that you can't see it's it's like like that little flagpole that will go about six feet on top of that but uh it's uh thanks I have the questions anyone in the audience uh have any opposition the type of speakers what about positive first anyone in favor okay remember the board anyone have a motion and I second okay we have a second motion motion to

deny in a second can I ask a question have you guys spoken to Town Council about this at all we've already got we got a motion um on the table so uh to Kelly yes someone yes Mr Coffee no and I vote no it's only a four-member board didn't pass so the motion to deny didn't pass that so you need to do a motion to approve you need to but nobody needs to make a

motion to approve what's that no one needs to make a motion to approve so if it wasn't denied what is my status there weren't enough you needed all four to go you need a motion to approve for a vote to be taken so if someone doesn't want to take the initiative to make a motion to pass then that vote is not taken so the project is being denied esteem denied with the four member board

thank you very much thank you

moving on I uh item number four Janet Harrison 18 Holland Street map seven uh I'm sorry map t21 lot 30. the applicant seeks a variance to divide the subject property into two lots leaving the existing single-family dwelling on a non-conforming building lot on a conforming building lot and to create a new substandard lot having an area of ten thousand five hundred ten thousand fifty square feet

with 70 feet in front of John Holland Street on which a new single-family dwelling will be built waving side yard setbacks and lot coverage in an S single family zoning District

three minutes go all right good evening for the record Jeff Tallman from Northeast engineers and Consultants here representing Janet Harrison who resides at 18 Holland Street the applicant a petitioner for this variance request um the site might look familiar to some if not all of you as we were here back in September of 2022 asking for Relief as well at that point what we're looking

for is a variance to create uh three house slots on this property the plan was to demolish the existing house and put a lot line going through there and have um you know three lots ranging in size from 8 500 square feet to 10 000 uh just over ten thousand square feet that um that got denied so what we did was we went back to the drawing board came up with a different scheme that

would work wouldn't be as beneficial for the for the petitioner in her situation but would still help her out immensely um so what we have you know went to the plant board we got a decision that the that we made some material changes so we're back before you tonight with this application the property is located in the S Zone the property itself has um what 230 feet of Frontage on Holland Street

28 562 square feet in area so it's sufficient in size to have two conforming Lots the issue becomes the location of the existing dwelling that dwelling would have to be raised removed demolished in order to make that situation work because of the frontage issue um and the the petitioners on the property since 1965 has been there almost 60 years does not want to relocate or move

so what she's simply looking to do is to divide the property in a manner that kind of Suits her needs it would require some relief from this board but we feel it's warranted it would allow her to keep the existing dwelling as is still would have to make renovations to her her goal is to make it ADA Compliant make it easily accessible for herself we can do that with the current driveway to

where what the way it is on the east side of the dwelling it's relatively flat slope in that area the overall lot itself does have pretty good amount of pitch I don't know if you're familiar with the area but when you go up Highland Street it is a pretty good pretty good grade on the left side of her house or the west side of her house the great over there ranges from like 15 to 16 percent

so it's you know to try to relocate the driveway they make it a lot wider we're still not going to be able to come up with the uh the 100 feet that we would need to comply with zoning so what we're asking to do is to create to keep up the additional dwelling on a conforming lot and to create a slightly substandard lot that would just be under uh the 12 000 square feet required

and also the 100 footer that you will keep it at 70 to keep the property line straight going straight back off of Holland Street and that would also you know should be able to maintain her sheds although the one further in the back may have to be relocated slightly but she could you know continue the use of uh the sheds on the property and continue to use the property as she does now

so with that I'd be happy to answer any questions that the board might have was there any thought given to turning this into perhaps an L-shaped lot to at least get to the 12 000 square feet yes and again that boiled down to the whole uh using the backyard um you know maintaining the these sheds where they are um that type of thing yeah we could make it bell-shaped uh just for the sake of

complying uh what zoning it still doesn't um you know get us out of needing relief we still have to you know need relief on Frontage so you know at that point it really didn't you know it's you know I prefer to see a straight law line it makes life easier when somebody you know Builds on the side they move in you have a nice straight lot line with a fence going

down and I prefer to see conforming lives um again but I mean the frontage would still need I realize the front is an issue but we're looking at a lot coverage issue this is a big envelope for the size of the lot the building envelope has drawn with the 10 foot setbacks on either side and the 70 foot 70 foot Frontage I I should clarify that on the on the building envelope

that would not be occupied the whole thing wouldn't be occupied with impervious material and it's not where I come up with the 30 30 is just the number that I using the 12 000 square feet if you take 25 percent of that 12 000 square feet that you required and then you apply it to this lot having 10 050 square feet it bumps up your your lock coverage to 30. so it would still

be if you made this L shape with the 12 000 square feet you know bring it up to standard it would still be the same amount of lot coverage and that's why we're just asking for that slate bump up slight relief in the maximum allowable lock coverage questions from the board just trying to curve you indicated that the actual size of the building would not be as indicated here well that's just a that's a potential

building envelope because we would be asking for side setback relief to have um yeah but they may be less if it's a smaller oh yes it would be less it would be less than the width that we're showing there or yeah you know it might be right on it but then maybe you don't need the sideline setback relief I guess is what both Jim and I are kind of indicating yeah correct we could conceivably do a

lot that's narrower um I mean do a house that's a little narrow and possibly deeper um so yeah I mean we're only asking for five feet on either side so I mean that would still uh give us 40 feet to work with if we were to you know go to 15 feet with the side setback so I I don't think that would be an issue and be one less thing that we'd be looking for

relief from so if you what sort of fit to go with the 15-foot side setbacks we would not be opposed to it anyone else on the board just what what would the size of the house be then do you know again it would it would um at that point you're looking at you know your your you side to side you would be dealing with 40 feet so it'd be maximum 40 foot

wide and then you know you could potentially have a 40 by 30 somewhere in that range um with you know small driveway coming in off you know probably on the right side of that um just for grading purposes and and that would kind of just be it I don't even know if we would need the fibers the extra five percent it's just again it it gives us the same amount of lot

coverage uh we that we would have if we did have the the total 12 000 square feet um but again if the board sees fit to keep hold that to 25 one less thing one less item of relief that we could take off the list and then it would just simply be down to the front engine in lot area so any other questions from the board Mr ragia what's his planner

so we definitely appreciate the new plan and the new procedure I will offer in um support of Mr Tallman's assertion that we could create some crazy lot lines here to bring us closer to conforming that may only create issues for so two hormones at some point on time if we don't have a specific size house I would offer that if we made the easterly side yard setback complying to 15. I

wouldn't have an issue with the Westerly one because the distance between the two and the lot that you're creating next to your home the existing house is exceeding the side yard setback because of the existing driveway so that and then as far as a lot of coverage go 30 is 30 percent it's going to fall within that box or whatever box you draw so the dashed lines that is not

excuse me the size of the house being proposed here so so make sure you understand that it's much less than that and you're dealing with an elderly petitioner she's not a builder she doesn't want to put something to represent something on the plan that may or may not be built and end up having to come back here if there's any changes so we're just looking for like a footprint a lot coverage once we get locked into

that then we can design around it and get something that would work and with with the 10 the 10 050 you could work with the 25 percent yes I mean it would be um it would be a reduction over what could be done but I'm I'm certain we could probably get you know something to work in there it'd be better with the 30 and again it wouldn't um it wouldn't change what would be done

if we were to have the 12 000 it would be the same exact number um so I mean it would give us a little bit of wiggle room um when you look at the lot coverage on on lot one I really don't you know it's not like they're going to go in and change anything drastically and that's certainly well under right oh what's required right I agree and you know there's

I'm I'm sure that she's going to sell this lot that's the idea and you know which which is fine that's it's you know if I think if I had the same piece of land I might do the same thing but um you know now you've got a different owner in there so it's not like it's not like it's going to her kid or brother or something like that or mice but yeah you

know what I'm saying yeah she's selling it so that she can stay on the property pay for the renovations you know this is a big improvement over the last the last um application we have I mean I think clearly with regards to the shape of the lot the size of the lot especially in comparison to the zoning District it's the location of the existing home is what really creates the issue here right all right

shy of them of demolishing the woman's home where she she intends on continuing to reside there um I can I can I can see the hardship portion of this plan it says to be raised so

yeah I apologize for that but that is certainly we'll get a revised plan yes I guess I guess you know and again I'm coming back to law coverage you can tell this is bugging me 25 of the 10-5 would still be a 2500 square foot house it's bigger than everything else in the neighborhood so it's still a reasonable home if you go that way or if the board chooses to go that way any other

questions from the board comments anybody in attendance wishing to speak in favor of the petition anyone to speak in opposition hearing none I turned to the board for a uh Mr chairman do we first need to take a vote to allow the petition to be brought up within the two-year time period you know it it was always past practice that chairman Assad would make you go through the same process that the

planning board did yeah it doesn't hurt um I don't necessarily think it's required I didn't then I don't know but if you want to be consistent you could you can if you go if you go to the purely to the mass law as long as it's substantially different potential you can hear it if they came back with the same they could come back with exactly the same three law thing I mean we don't

have the vote that we find we used to always vote but we find it that it is not that it is we can not substantially the same it's it's I'm not sure it's required but it doesn't hurt I suppose so you know it's a very different petition in this case so yeah it is so if you want to move that way if somebody wants to make a motion first that um

just for consistency Mr chairman I make a motion that we find that this plant is substantially different from the one that was previously been reacted uh uh discussion hearing none John Frank yes Jim Calkins yes John Silva yes Eric Kelly yes chairman Ferrera yes okay I will now then take a motion on the application itself motion to approve with no further subdivision of the property okay both Lots okay

sorry I'm just reading some no other conditions on that you don't want to condition the coverage you don't want to change the we had talked about one sideline setback potentially going to 15 feet so at least one lot line would be consistent if you don't want to make it if it's not part of your petition it's not part of your petition no I'm going to the way it is okay do we

have a second on that second all right Mr Silver on the um the motion and Mr Kelly on the second any other discussion there's very none John Frank yes Jim carkins yes yeah John Silver yes and Eric Kelly yes and chairman forever no

all right we go to item number five five diamonds LLC Carol of attorney Joseph Carrera 818 Jefferson Street map e24 lot 105. the applicant seeks a special permit per 86-451 one of the city of Fall River zoning ordinance to erect an off-site billboard sign on subject property this property is located in the CMD commercial Mill District I do have five copies I apologize I don't have more of something that Mr

Rossi was here from media properties um

it was my name is Chairman uh this is uh Neil Rossi who's the managing director of Media Partners he has built several uh Billboards in and around Massachusetts uh with me also is Mr Tallman who's the uh the engineer on the project and Mr Jason Riveras who represents the landowner as well uh as soon as we figure out the technology here it's a it's a rather simple uh request I think the applicant seeks to

put up a billboard we're seeking not a variance but a special permit because it's commercially zoned property and the petitioner seeks to permit pursuant to 86 section uh four five one point one directly off-site billboard on a subject properties

I'm sorry about the technology but maybe Mr Mr Rossi okay okay now sorry about the technology as Joe said uh my name is Neil Rossi I represent Media Partners we're looking to construct a billboard on the electrical hole Cellular's digital uh site it's a digital billboard as you can see by the packet you've received um there's some great benefits for the city we're looking for special permit

the city will be able to use the billboard public emergencies as you know the spill boards on Route 24 a major artery into the city from Tiverton so if there are any problems in the city uh they'll be able to get it up right away and that includes like Amber Alerts and missing children the Billboards have actually served a significant Purpose with Public Safety they've actually got

over a hundred people off the FBI's most wanted list in addition uh they can use it for public awareness uh basically 30 35 hours a month are allotted to like seat belt child safety seats uh any public service announcement Charities 501 3 C's uh your business Community can absolutely use it to promote business within the city of Fall River in addition we proposed to give the city 15

000 per year as a hosting fee that's really a common practice in the Commonwealth it's 7 500 aside if you go to the next page you'll see the town messaging we talk about this is a billboard we built in Marshfield as you say it's open for business invest in your community work in Marshfield also you'll see the Marshfield boys club we do have a couple of um you can see the

location where it's in front of the solar farm the two arrows across the street are the two exist steam Billboards they're currently up this is a new state-of-the-art billboard there'll be no light reflection in any of the homes it goes down with Darkness it's it's very sophisticated compared to what's up what you have across the street is sodium vapor lights that it looks like Fenway Park

the only place you will see this billboard is when you're driving on the highway you will not see it behind it beside it they're directed uh only just people we want to see it there's no advantage to us to for homes to see it and and we feel this is a really good location where it is so if anyone has any questions on the technology as far as the survey the

engineer is here he can tell you how he placed it and it's in the ideal location on the lot what are the dimensions of the sign faces the sign phases are pretty standard on this billboard I believe they're 14 by 48 that's usually what happens on these Billboards all the advertising is made for that it's on a JPEG and it has to be a particular size so it fits the solar

I couldn't answer that question Jay is that on by Messiah

so Messiah owns a property but electrical wholesale is a tenant that owns these solar panels I'd be if I own the solar panels I'd be real ticked off that somebody wants to put this something something this big just to the south of the solar panels they think about that angle you might you might hear it from if this is approved um if you've already been through the state on this

we come to the city first it does meet all the state requirements we do not bother to go to the city if if we know we can't approve it with the state the state has some stringent requirements as you know thousand feet from another digital billboard has to be 500 feet from an exit Campion residential property has to be zoned uh in a particular way so we know this will meet the state requirement

other questions from the board can you just uh expand a little bit more on the uh illumination issues you got residential on both sides so I just just uh the illumination when they build these Billboards they put louvers on them that directs the light to the highway we actually are building right one now in Dorchester which is on the Polish American Club which if you know there's

houses right next door I mean the house is from here to the wall and it's amazing on the light studies to the side of the billboard there's no light the louvers directed to the highway and obviously the technology is so much Advanced when you look at these people think of billboards the old sodium vapor Billboards I mean you get blinded by them you know so it's nothing like that they're all LEDs too by the

way so they they dim with Darkness they're brighter in the day at night they dim any other questions from the board planning no I have nothing to add um the presentation was well done we did request some of this you know actual sheet of the science so we appreciated that that was submitted that does answer a lot of questions it's it's spotted exactly in the middle of the lot

not to one side or the other so taking the neighbors into into consideration as well this is a commercially zoned District so although we have residential uses surrounding it all of those residential uses were done so through the granting of a variance from from this border at a different point in time so I think it's in a great location and again knowing what the new technology is and I know it's not exactly

perpendicular but if if you are off a little bit perpendicular from looking at this sign yes there is no yeah you can tell when you drive by them on the highway because you'll lose it you know like some of the new TVs you don't you know or even phones wait two weeks the TVs will all be different so I no I I have nothing to offer okay thank you anybody here to

speak in favor of the petition

just as you know usually I'm here to talk about mockery housing um and the reason I'm here to talk about a billboard is that it's a little bit different in the sense that I think for the first time um this board has a proposal before it there's actually going to be of a benefit to the city in terms of the 7 700 excuse me seven thousand five hundred dollars per per side of each of

the billboard fifteen thousand dollars per year to the city of Florida in terms of Revenue that can be used for whatever purpose could be used for charity purposes it could be used for other purposes by the city itself and also the fact that they're going to make I believe it's nine percent or ten percent of the billboard time available for PSAs so you can have everything there from Amber Alerts to Civic

celebrations to other types of things uh planes of interest for the city this comes to find out as a stand of practice in other areas of the state they have brought this to the city um and I'm not saying that we've you know we've approved things in the past that doesn't have this but now I think we have a new standard for other people coming before us that are looking to do

similar types of things and this could be a new threshold so that the city can benefit in terms of Revenue and also in terms of PSA and have something that's beneficial not only to the private investment in a sector that's proposing this project but also to the city itself so that's why I'm here tonight I think this is of of benefit to the city I think you know we'll have an opportunity

to utilize those PSAs utilize to promote days of Portugal and Civic celebrations and other types of things that will have to be for PSA you know definition but also the fifteen thousand dollars a year to the city for such purposes is also a differentiating in fact that that in an in addition to the fact that you know and I think Dan has made a good point that this used to be commercial I you

know we've we've worked with Ari Smith for a number of years and they were very bona fide and great printing company then it was you know subdivision of their property in and around the facility to allow for residential but this is primarily a CMD District that is commercial oriented so the you know the the billboard itself I think fits within the overall stream of things and as an added benefit to the

city and for that reason I asked that the uh the board take that into consideration as private celebrations and maybe use this as part of a condition to the approval of the uh the special permit thank you thank you very much anyone else to speak in favor anyone here to speak in opposition

could could you just identify yourself with the record please okay or it says Kennedy Street that house what was that address again I'm sorry Kennedy okay so I'm far away from it but my question is how high is that going to be like could I see it from my house well it's 35 feet from what the plan is submitted so this so they'll be stuck with that I don't know what the height of the

building is I don't know billboard itself is 14 by 48 tonight the panel that the message is on from the ground to the top of that panel is 35 feet because we already see he's okay so that so that's you the house we got bedrooms and stuff and that comes into our house already um because we had trees there we took all the trees down so now we see all we

have is light a lot of light okay so I mean I get up at five in the morning every day that's on all night um we try to put trees up now we're trying to keep your hobby system take time to grow so my question is I I'm I'm he's fine putting that up but I I don't want more light yeah I don't know the answer to how tall well it is

is her house on Kennedy Street yeah on the left side yes okay no angle right right that where the arrow is yes sir the there'll be no there'll be no light facing that way at all right the light will be she's asking if you'll even be able to see it yeah that I don't know yeah the building's probably what about 25 feet tall yeah talking about angles the elevation of

the ground at the point where a house is with where the sign is I I what she may see is the back side of the V yeah so I will see but well I don't know that because I don't know the elevation of How High the building is but you will see no light you're directly almost in back of the billboard we don't like the rear of it at all the light will be towards the

highway obviously so I I just don't know how high the building is I've been there for 13 years 13 years we had all these trees up it was beautiful I took care of it for 13 years he took down all the trees without getting it surveyed now I stare at a blue building all day long egress to our property so starting on Sunday and I got all these men names but 20 men very

uncomfortable they're going to put a fence up and and I'm very happy with that but my issue now is everything's opened I never seen that building I would cut all the eye landscape I would cut all the bushes because we could get through had no friends it was beautiful it was a good barrier and it's a cul-de-sac so anybody that came down it was gorgeous now I'm I'm not kidding me the money I've been

spending on dirt on trees on whatever just to get some coverage but obviously it's going to take time for it to grow but the owners working with you would find it he's working with me after you got it surveyed but my issue was he before he got surveyed he was cutting down trees he was falling in my garden got down a tree that was in his he is letting me keep my tree because half of

my tree is in his yard and happens right in the line so he caught one he's leaving one I'm happy with that but my issue is I gotta stare at a building now I gotta stare at a billboard I think the point she's making also is that we're feeling almost commercially zoned out oh no you are commercials yeah like I go in the backyard now with my grandchildren I have a pool

my daughters are there I have daughters females sorry Joe but I have walking now it's uncomfortable there's so many men there I mean is the applicant willing to install a fence or Abu plantings

I talked to Jay just the other day and he mentioned that he's going to stop laying the poles for the fencing this week I can't understand it correctly this weekend but to my wife's point it's been months if he could my problem is my backyard I had all that coverage back then my kids could swim comfortably I could be out there sitting on my deck reading the book comfortably it's not like that

anymore I'm miserable but but so you're saying that trees were cut on your property no on his property all right well okay so he has the right to cut trees on his own property because you bought into a location that had a commercial okay but he caught in the front too and without even surveying them but they felt they ended up being on his property most of them oh okay but one of them was

mine but he let me keep my tree now okay and I'm fine with that but what I'm trying to say is I'm staring at a building now I got to stare right up billboard is what I'm trying to say yeah yeah additional for sure I'm just thinking so I want my back down he's back on the drive additional commercial traffic into our neighborhood and I was like no it's not going to drive additional traffic in

because it it really has nothing to do with the business that's there now um I hate to say it but you bought a piece of property next to a big commercial building and he chose to take the trees down it would have been nice maybe if he knocked on neighbors doors saying hey I'm gonna take all the trees down he didn't I can't control that this board can't control that no but

as the director of engineering and planning just said we can tack on you know some additional foliage across the back of the lot if you know if that's something that the owner is amenable to yeah we had almost 12 feet of foliage but on his property no no and I'm fine with them what I'm saying is now

so I mean that's just the point the trees are on his property and he chose to cut them down and then nothing you can do about it no and that's fine okay no no that's not what I'm saying now one one thing that was mentioned Is people driving over your property to get in and out no no okay everyone okay there's no clear fence no barriers okay there's a fence going up yes yes

my issue is I gotta look at a building he cut down the trees it's his I'm fine with that it's his trees but now there's no trees I gotta stare now you want to put in a billboard so not only do I have the building now I'm gonna have the Billboards now why did you have to move your garden because it was on his property yeah oh the garden was on his property okay we

backfilled that not knowing where the clear property line was initially if you have any idea of elevation there's no out of our purview here yeah it's not a big elevation change out here from one side um I think there probably may be a little bit higher than right now towards the highway right but the um even from the back of this property the subject property to the highway that great is pretty pretty even so it's

relatively flat in here and I would imagine the only thing they're going to be able to see when as far as the billboard is concerned it's just the maybe the top half of the panels um on the back side you know which one it seems sounds to me like the the issue there has really nothing to do with the billboard it's all to do with the existing building and the lights on that

building on the back side yeah is it about 500 about 500 is that 440 feet right there is it about 500 feet away yeah it's yeah it's considerable distance so and I mean the building itself it's only one story maybe 18 feet in a height so uh maybe a little bit higher so yeah you will be able to see part of the billboard but it's against the backside you're not going to see the

lights on as discussed earlier and um one thing I can offer is that normally and I think Mr Rossi will infested us these signs are normally constructed up to 75 to 80 feet to the top so this is actually being proposed very slow it was actually surprised it's in a location that you know the sight lines are rule 24 is generally flat there there's no impediments to have to get

over so the fact that I'm very glad that we're only 35 feet high because normally this would be at you know 75 years yeah Dan what makes what makes this very desirable like you say is that location and as you know that there's no trees in the median and median trees are a real problem believe me so that is a perfect location because of the topography I mean if the board thinks that

what the butter is going to see will sway your vote one way or another it's honestly it's not a lot of work to put together and exhibit that illustrates that if you think that would determine whether or not you you felt this should pass or not pass yeah a view shed could be done I think I mean I think the order of the buildings here and uh and the neighbors here and you

guys have communication it seems like so I think now the point has been made as far as what's going on on that side of the building would you be able to put some coverage that's between

I don't think anybody's saying 35 foot trees but if you get we have 12 feet if it's you know 10 12 foot you get 10 foot arborvitaes they're going to end up being 22 feet by you know four years from now yeah I mean we could definitely plan true I mean that I got to kind of see how it ends up laying out because we are going to be around solar panels so you know no no

the other the other lot Line near her so yeah not near this old man so to put a line of like Leland Cypress in between her and yeah no we I talked to the owner and he had you know we had talked about putting batteries there you know we're putting up a uh okay okay um so I mean that's what we talked about but I mean I don't think it's far-fetched to say that I mean Cleveland

Cypress will get to about 20 feet in about five years how can we make this sure plan review approval is really not anything construction-wise it has to do with stormwater runoff or anything like that interview would be needed but I had a date of water because that that you can that that you can just add as a condition it doesn't have to go through site plan again okay I still know the guy is also solar panel

is going to be ticked off guess what I do for a living now he's not here anyone else to speak in opposition you're hearing no they turn to the board at this point in time for a motion emotional approve second conditions as presented motion uh motion by Eric Kelly and second by John Frank any discussion that being the case Mr Kelly yes Mr Silva yes Mr Calkins yes and Mr Frank yes and chairman Brewery yes

thank you very much okay item number six Around the Clock Services Inc 189 and 197 Ridge Street map g06 lot 47 ordinance to divide the subject parcel into two lots leaving the existing five family dwelling at 189 Ridge Street on lot one a new 3 3 100 square foot parcel with 38 foot of Frontage on Ridge Street and the existing Home Three family dwelling on 197 Ridge Street on Lot 2 a new 39 100

square foot parcel with 12 foot of Frontage on Ridge Street the property is located in A2 apartment zoning district for the record for the record Jeff Tallman from Northeast engineering uh hit represented Around the Clock Services Inc uh for the application before you get tonight which is a special permit under Section 86423b which does allow the division of a property in this case we have two

existing dwellings that predate subdivision control R in the city uh these they were both billed according to assessed records around 1900 uh quite simply and I know you've seen a number of these what we're looking to do is just um is to divide the properties so that each dwelling could be on a separate lot the lot one would have the interest in five Family Dollar which is 189 Ridge Street

and lot two uh would be the site of the existing three family dwelling at the rear which is 197 Rich Street um you know this you know I know you again you've seen a number of these um I've actually done this division on on several properties within the city um without the relief from the board because it is something that is allowed um on the state law under Mass General Lawrence chapter 41 section 81l which is

also known as the 81l exemption or Citco statute where you when you have cases like this you do have the right to go in and divide the property the beauty of filing for the special permit is it it kind of gives the city a crack at coming up with and making sure they're in agreement with the the proposed division of the property and it also gives the petitioner the add the benefit of maintaining

um the grandfathering status of the pre-existent non-conforming status of the property so that's why we're going this route and I recommend this going this route so we had tonight just uh again obtain a special permit to allow this division the board okay so we're talking uh 12 foot wide 100 foot long easement to the back property that's correct we have an existing now asphalt driveway between

between behind the house on lot one yeah um so the Easy Share that yes that would be shared there'd be three parking spots well there are three parking spots at the rear two of them um you know the front two would would be on lot one and for the benefit of lot one and then uh the third pocket spot would be for a lot too and that's that's within that quote-unquote existing

asphalt driveway correct no potential of having just Drive-In parking at the at the very end of the 150 50 foot easement if you're just pulling in towards the three Family House it may make well this you know again what we do is we we take into consideration the parking configuration that's used out there now um and it seems to be working okay without incident um change and disrupt that it could you

know create issues and especially backing out it could you know having costs turn around with this the way they park now they do have that ability to turn around and pull out forward from the driveway now three is creating a separate little law yeah what is three that's just the number of pockets I'm trying to sneak an extra line in on you yeah no that's a dog house yeah no that's just

they're not striped as shown here I should have identified that on the planet I mean that's just something that's the way it's being used now the way they're plucking okay any other questions from the board anyone uh in attendance wishing to speak in favor of the petition anyone speaking against they're hearing none unless there are other questions from the board I'll accept a motion with

conditions make a motion a grant second separate utilities uh to give in anyways and recorded yep it currently have separate utilities do you know uh I'm not 100 positive on that but they will yeah the intent is to separate them if need be obviously that's something the board requires anything and I would also have excellent quality or attention I'm sorry yeah you we had received correspondence from Paul

Ferlin from the Division of Community utilities okay that on these even though we require that utilities be separated um they are not required or had not been required in the past to go through site plan review process or his permitting authority of where the new sewer and water lines go so he has requested that we add that as a condition so you might want to consider that would that be in front of planning yeah

his Department of Community utilities would um they are a reviewing Authority through that process so two separate conditions site plan review and Community utilities review no no he will cover that oh okay okay that's that was that was it's just it's the mechanism to get it to him I I'd hate to think that after all these we've done some of the utilities haven't been split yet a lot of people have been doing it you

know before they come here but sometimes they don't want to spend the money until they know they've got the relief so I can I can perfectly understand it and I think what Mr ferlin's referring to is the manner that it's being done so it's awesome control location and so you're not creating an issue yep and also so they know as it is yes so they would have record of it yeah

so the the motion is site plan review separate utilities no internal fencing there should be enough on the newly created lot and I think that's good and Jim you seconded though yes yes discussion in that case Mr Kelly yes Mr Silva Mr Calkins yes Mr Frank yes the chairman Prairie yes thank you very much not done yet not done yet I know I'll thank you anyway it's always going to be

a surprise when I look up you know what I mean and lo and behold item number seven 1301 Fall River Holdings LLC 283 289 5th street map 1-15 lot 46 the applicant seeks a special permit per 86 to 423 of the city is Fall River zoning ordinance to divide the property into two lots 283 5th Street is a two-family dwelling located at the front of the property in 289 Fifth Street is a three family dwelling

located at the rear of the property the petitioner proposes to divide the property into two lots so that each dwelling structure will be located on a separate lot and the property is located in an A2 apartment zoning District you know the routine for the record for the record Jeff Palmer from Northeast engineers and Consultants what we're talking about in this particular site which is 289 well 283 289 5th Street is

again a subdivision under Section 86423 B of the city ordinance to allow the division of the property of a property with two existing two houses that predate the subdivision control are in the city this one's more straightforward and clean cut the houses are kind of located on each side of the lot we do have a bit of an angle in the division line going between them but it's it's certainly a cleaner cut in it

you know it's it just makes more sense there is currently no off-shoot parking for these uh for these dwellings so all the parking is on the street and at this time they're not proposing to to change that it's just to divide the properties um yeah so they're on nothing happens as far as parking goes so correct yes there's no changes okay questions from the board questions or comments from planning engineering

um I do see on the plan but not on the application that you're also requesting an increase in allowable lot coverage is that is that supposed to be on the plan because it's not on the application or the denial um it was yeah I mean so we can strike that from the plan that was something that the petitioner when he first brought this to me he was thinking of possibly putting in a

driveway to get some off-street parking to make it more beneficial but just it the amount of work involved and it's not really enough space between the ability yeah so we can just strike that off well it's not on the application I want to make sure that it wasn't yeah yeah not pertinent anybody here to speak in favor of the petition anybody against members of the board at least this one doesn't have a house

hiding behind another house come on I'll make a motion to Grant with the same conditions as the prior one separate utilities uh site plan review no internal fencing can I interrupt for one second if if for a point of clarification if it's if we do find out that the utilities are already separate what does that do in terms of cycling you just have to file an affidavitation absolutely I just wanted them yep and it

could very well be the case here you sure you want to go with the fencing on this one I was just actually just going to ask that question these are it's a shared walkway is there a easement looks like a shared walkway right up the middle between the two properties looking at the satellite view yes there is a there is a walkway there um we could certainly provide an easement it's not shown on this plan

but when we move forward with an a r plan we could include a pedestrian easement to cover that walkway for the benefit of both dwellings I mean they both have Frontage where

I mean when you get into winter conditions who owns and is responsible for cleaning the outside water could be somebody if they're having an argument I'll clean my house and that's it well that's why I said no fences I think it's no I mean Cleveland offensive I'll stick with my three original see you're a man that way and we have a second okay any uh discussion on the motion John Frank yes Jim Calkins yes John

Silva yeah okay and Eric Kelly yes chairman Pereira yes thank you okay thank you all right where are we we are at number eight quintile Investments LLC care of Attorney Peter a salnino 42-44 Tecumseh street map I uh Dash 14 Lot 36. the applicant seeks a special permit to divide the property location into two lots leaving the existing two family dwelling on the rear lot and leaving the

existing four family dwelling on the front lot waving dimensional requirements the property is located in an A2 apartment zoning District hello good evening for purposes of the record Peter solino representing Dan Quintel this is Dan Quintel just a point of order is Mr Kelly off this case or is he just using the restroom just utilizing the restroom okay so do I presentation I'm sorry no problem Mr quinto's been

paying you two hours to sit here already another five minutes and I'm sure you're going to get the whole thing it's not going to get spread out amongst the six petitions that he's got going you'll get the bullpen two hours

just like deja vu all over again that's that's a fair way to put it the youngest bladder in the room come on in there

the floor is yours thank you so for uh this presentation I'm just going to draw the board's attention to 86423b as well uh as Mr Tallman was just reciting that provision the bylaw indicates that this board May Grant a special permit for the division of any single lot of record containing two or more residential dwellings existing since 1954 provided that they are divided into two separate

Lots which our petition does and that each contains a dwelling which our petition does and the board finds that the use can be maximized so talking about that last point I think the use can certainly be maximized I've done the title search on this property and going back in Deeds to 1949 it has been one property so I think we meet the prong of prior to 1954. clearly I don't think

they can be any dispute that we have a plan that leaves a dwelling on each lot so in practical sense nothing changes here um the two build things are still there the lot lines more or less stay the same and the engineer required us to show sewer and water on the plan and so you can see that listed on the plan and we also have listed an access easement on

the plan so I think the site can absolutely be used and maximized I don't think it is more detrimental than what is already there because at the end of the day it is what is already there so I'll be that brief I think I'm under three minutes I'm happy to answer any questions I'm proud of you yeah I just have one question I know you used the term maximize but maximize for who is

the city maximized with it or is it just the owner the wording that's what the bylaw says so that's a subjective that's what I mean it's really not helping the city it would be helping the property owner I think so you know I mean it reads both ways with that I know you're an attorney but yeah right that's how I read it it could be you know I mean there's room for interpretation there yeah I think

the way the bylaw reads and and the intent of to maximize it's to allow the subdivision to happen in the most efficient and most logical manner as Mr Tallman stated in the previous they don't have to come here our zoning is very specific to allow them to come here to do this and that gives us the ability to condition the proposed work so these Lots get subdivided one way or another this process allows us to look

at it and make you know if they came up with we've changed them where one lot line was four feet off the back of a house well we normally make them split the difference in between the two structures so this process gives us the ability to maximize the use of the land for both dwellings knowing that we have to allow the subdivision to happen so it's not to maximize financial gain it's not to

maximize development it's already developed there's no increased development going on it's maximized the way to be as beneficial and efficient as we can in the subdivision process yeah it gives us some level of control we can make sure the utilities are split we can overlay any type of it still said the definition maximizes it's a two-way street so the city and the opinion you know that's just an opinion sorry

so those four uh parking places on the back property and two on the front that is correct Mr Frank and that what's currently being used that is exactly what I'm just trying to drive to 4B and I've had an accident so exactly but that's that's okay so the two family has four of them now and the the four family only has two that is correct okay no fist fights out there nobody's

nobody's arguing with each other not about parking I don't care dogs maybe anybody here to speak in favor of the petition anybody to speak in opposition any other questions from the board John you look no no I'm just reading that there's this proposed Sewer Service easements or so it doesn't have I'm guessing it doesn't have separate now and they're going to do separate right so so this

engineer took it a step further and actually showed that we would be installing excuse me is the easement they don't need a utilities because those two utilities are being proposed within the the finger to the rear lot yeah access easement is required for the front lot to access to access your own two parking spaces have to be recorded can we have a motion please I know the approval of the petition

s to separate utilities as shown on the map and uh site plan reason for you offense see legal fees just went up well I don't know where are they tough crowds tonight yeah it would be like one foot yeah no offenses yeah no offense that'd be insane all right second on that please second second by John Frank discussion hearing none John Frank yes Jim Calkins yes John Silva no uh Eric Kelly yes and chairman Prairie

yes thank you thank you thank you item number nine Apollo J Amaral care of Attorney Peter a celino 600 Alden Street map j20 lot 35 the applicant seeks a variance to convert an existing structure into a residential dwelling unit waving use and or dimensional requirements applicant further seeks a special permit waving the parking requirements the properties located in an A2 apartment

zoning District Council good evening for a person of the record Peter solino with me is Mr Amaral the owner of the property located at 600 Alden Street here in Fall River the zoning district is an A2 District on the ground we currently have an existing four family and a pre-existing structure to the east Mr Amaral purchased the property in 2012 and at the time he purchased it that

structure was there as you can see for the plan it hugs the property line it's four feet on the easterly or rear lot line and uh approximately six on the um West uh I'm sorry the South lot line um Mr prayer has been I'm sorry Mr Herrera I'm looking at him uh Mr Amaral has been it could be right in the city though in the city I could be right uh Mr Amaral has been maintaining the

structure it's had a lot of different maintenance issues it's shielded from the street so when you're in Alden Street there's a gate out front and some bushes and this structure is behind the building and he's had different issues with people back there and so really it becomes a question of what do we do with this structure currently it just sits there and so the proposal is to turn that into a residential unit

in my clients ownership history he's learned that his current parking is generally more than sufficient for the existing four family um he tells me right now there are only six cars on site at the four family so we do think that we can house an additional car for the 630 foot dwelling um and that is the proposal in a nutshell to me when we talk about Hardware in this context is the

existence of the structure it's there he's paying taxes on it he's maintaining it but he can't do anything with it right now and so the applicant is seeking to again turn that into a residential unit it's only 630 square feet so obviously it's not a large unit um but I do think it's appropriate and consistent when you look at what's allowed in the district um when I look at an A2 and I think

about the units that have been approved in the area and what's Allowed by right when you look at things like 20 or more units Allowed by right assisted living facilities are allowed by right three-car garages are allowed I think this is not a very dense use I think it's appropriate for the property and we'd ask the board to Grant it variance to allow us to make that use of the property

so this would basically be a studio it would be a one bedroom exactly exactly small one bedroom is what I'm thinking I couldn't see it when I when I went by what kind of shapes it's in now are you gonna well the problem with this building is I owned this since 2012 and over the years I have to put significant money into fixing the siding into fixing the roof and you know I'm not getting

anything on my investment but I do have to maintain the local ordinances and upkeep the property so what I was looking to do is basically transform this into a one bedroom Studio as you said and even maybe make it ADA Compliant because right now there's only one step to get into the it's on a cement slab yeah so it would be very easy to convert this into ADA Compliant apartment and as we know now I'm going

to say a shortage of housing in Fall River but as far as ADA Compliant apartments and all that that's you can't really um they mostly don't exist so if that was the case you take the southernmost parking space make it an HP space but then you're taken away from them well if you look at that oval over there I was thinking as well if I need to meet the minimum parking spaces for

that building uh you basically can get two parking spaces out of that oval right now there's eight parking spaces since I owned a building since 2012 really only six have been in use but if this board would put a condition on me that I need two additional parking spaces that's something I can easily accommodate it's nice to have some green area wow it depends on the board how many how

many bedrooms any tuna now in each unit so on each unit it's basically three bedrooms three bedrooms two and two and these are long-term uh tenants that I've had there for about seven years now and they like where they're at um you know I keep the rent below market rate they're happy where they are I I I'm sure some of you have drove them by there uh I I take pride in

all properties I have it's nice and clean they enjoy it and that's what I intend to do with a building in the back there's any idea do you have any idea what was in the back building at any point in time is there Plumbing is there electricity so there is plumbing and electricity right now currently as it stands there's only storage there's a lot more to cut the grass and a few

other items but yes there was um Utilities in there there's a 60 amp breaker in there and whatnot you got space for a little shed for the more and more so you're also yeah there's a lot of there's a lot of space there for the for the lawnmower and that's the problem okay so there's no no external construction going to happen to it it's going to be just revamp what's there so the only external construction

uh that could potentially happen is a replacement of Windows I have very replacing the side not going up or out oh no no absolutely absolutely not probably a door you're going to need a second and that's um looking at that that's no expansion of a structure no expansion in any way no it's going to be at the uh I think they estimated to be at 630 square feet and it's going to remain that way okay

any other questions from the board Dan you've got nothing anyone here in favor anyone here opposed carrying no public comment I turned to the board I'll make a motion to Grant okay conditions I'm gonna grab two parking spaces for the city of Fall River no I think I think the Green Space looks thank you spots as presented as presented yeah okay do we have a second on that motion a second it's a one bedroom unit yeah

one bedroom that's going to be a one bedroom yeah there's not much you could do with yeah 636 it's gonna be a one bedroom that would be a good trick to turn it into anything else the Tom Thumb house it used to be in Middleboro until I could think of the doors over this dog um I can't believe I just remembered that okay any other comments discussion on the motion they're hearing none John Frank

was there a second oh yes the second was uh John Silva okay Jim Calkins yeah Jim solo yes uh Eric Kelly yes and chairman uh Pereira yes thank you okay good luck with it that's a fun little uh you'll find somebody for that in no time

moving on with the Peter celino hour we're live in less than an hour if we keep going item number 10 Geo Management LLC care of Attorney Peter a celino 1190 Stafford Road map d02 lot 43 the applicant seeks a variance to convert slash alter the existing structure structure to add three residential apartments on the second floor and one apartment in the basement thank you the subject is located at 1190

Stafford Road here in Fall River Dr Lapine is the owner of the building under his llcgl management uh there's a dental practice that currently has a lease for the first floor of the building the proposal is to add three apartments on the second floor and one apartment on the basement uh per the plan the parking would be sufficient for the Mixed use that is to house a dental practice as well as the

apartments so really the relief here is because of the mixed-use apartment component I would submit to you that the proposal is entirely consistent with the neighborhood directly across the street there's a mixed-use building further down going towards Notre Dame cemetery I saw several mixed-use buildings so I think that given that he can contain his parking on the site as well as the fact

that it's consistent with the neighborhood I would ask the board to Grant this variance to allow him to have the three units upstairs and the one residential unit in the basement I didn't realize there was a basement until I drove by there there is before Apartments total just a total of four residential and the rest of it stole the commercially that's correct yep no need to change the parking because

your commercial uses are operating obviously during the days yes and even then when you look at Mr Tallman's parking summary um he's calculating it out that we exceed what we would need yeah because now you've got a smaller has it been retail in a second or not retail commercial in the second floor I don't think so yeah it was oh it was okay yeah I thought there was office up there at one point two separate offices

too okay we're going to this building a long long time ago for something quite other questions from the board the intent is for a one in our studio style okay oh okay and you've got the you've got two means of Ingress egress on yes through Central hallway Etc yes I'm sure questions no it's all interior no stairways outside no I'm pretty serious great looking old building there was a bald head right now

okay that will be converted into like a dog house okay I'll walk out okay so you're saying that basically there's a bulkhead that becomes a walkout

no need Dan any comments no not at all to speak in favor anybody to speak in opposition they're hearing none there are no more questions from the board can I have a motion please or should to approve great thank you motion by John Silver do we have a second second conditions or as as as presented correct okay in that case there are no further comments Eric Kelly yes John Silva yes

Jim Calkins John Frank yes and chairman Ferrera yes thank you all right Tatro real estate LLC care of Attorney Peter resolino 1 14 46 1454 Pleasant Street map K-12 Lots five and six the applicant seeks a variance to convert the existing vacant building into 13 one bedroom and studio apartments waving applicable lot size and dimensional requirements furthermore the applicant seeks a special permit waving the parking

requirement the property is located in a BL local business zoning District uh good evening so this proposal uh includes two pieces of property both owned by my client Aaron tetral uh one is proposed to be used as the parking and one is the existing building the building itself when Mr Tatro purchased it was in really bad shape it still is uh the city's aware of it there have been homeless people and a homeless

encampment in the back they kind of break in the building so we're looking to make this building viable and we submit to you that the highest and best use is to convert this building into some housing to use his adjoining lot as the parking and we'd provide one space per unit we're seeking to do 13 units in the build and again provide 13 off street parking spaces so the project I think is relatively simple

um I don't know that there are any major issues here I think the hardship is the building the condition it's in I think it's a win-win for my client in the city because of the problems we've had with homelessness currently are you going to keep business on the first floor or is it all going Apartments yeah the intent is all apartments okay we had something similar to this year

year and a half ago almost I saw the building and I thought it was the same one actually found in that parking right it didn't have parking no you remember that I remember I really don't have too many questions how sound does the building is it you're gonna have to do anything structural to it or yeah I figured as much so this is this is a gut job yes yeah but maintaining the same footprint or

yeah you're not going to add anything to it yeah and just grade and pave the parking lot next door yes sir correct questions gentlemen I think it's specifically it's like no questions anyone here in favor anyone here in opposition let's keep looking at you I figured that was a favor here or opposition here be in favor yeah Dexter Sinister that type of thing um okay they're hearing none and with no

more comments can we have a motion please I'll make a motion a grant with um I have a I guess it's a question or concern is it possible for these lots to merge to be my my concern is down the road of this lot going this parking disappearing and then turning into something else down the road I mean yeah or being a uh it would need it anyway well

yeah I think so number one I think it would be almost merged already in the sense that it's common ownership uh he owns it in the same LLC so from a legal perspective it would merge back together but he's willing to submit to that condition so no problem do it and with that site plan review no more than the 13 Studio units 13-1 or Studio yeah no more than 13 one bedroom or Studio oh

you said you get Studios Studio on the planet as stated on the plan yeah so you want them all the studios then yeah I mean I don't think our bylaw makes a distinction studio is considered a one bedroom and 13. 13.

yes 13 is the number yeah that's my question do we have a second on that second second by Jim Calkins discussion no discussion John Frank yes Jim Calkins yes John Silva yes Eric Kelly yes chairman Ferrari yes thank you thank you very much thanks for uh thanks for saving uh cleaning up a chunk of the neighborhood you're welcome and here we are where are we Lucky 13 no we're the number 12. Tetra real estate there's a

reason you didn't move uh real estate LLC care of attorney petersolino 246 Beatty Street map L10 lot 9. the applicant seeks a variance to raise the existing five stall garage and construct a two-unit dwelling in the same general area which will be attached to the existing three family dwelling seeking relief of side yards setback rear yard setback and lock coverage the property is located in the M

multi-family zoning District this proposal as Mr chairman just read is to raise the existing five uh car garage that kind of hugs the property line to the Northeast this garage has been a blighted situation and it's actually caused my client a couple of problems with Section 8 inspections uh so recently there was a Section 8 inspection done on the three family and the inspector was really curious about

you know what's going on with that garage what are we going to do about it so you may remember this petition because this is a repetitive petition with a different concept and last time my uh hearing what the board was saying was parking was a concern putting too many cars on the street taking enough cars off the street so with this proposal my client proposes to raise that existing garage

construct the two family connected via a Pergola but most importantly in my view provide for off street parking sufficient to house um 11 off Street spaces so the proposal total here would have the existing three family plus the two families the five units total 10 spaces we're providing 11 seeking three variances side step back and I'd point out that although the side setback needs to be 15 feet and the

proposed is six we're actually getting better in the sense that the garage is at two feet uh with respect to the rear we need to be 25 proposes 11 but again better than the 1.7 that's currently there and the lock coverage relief is requested But ultimately it's consistent with what's there now which is 70 and we'd still be at 70 by demolishing the garage and constructing the two family so those are

the three variances we're seeking okay and you've already been the planning yes otherwise you did previously make it a yeah except two separate votes I drove by that garage is tough um okay I don't have any questions myself does anyone else have questions comments from the board it's really not hard to park on that on those side streets it didn't seem it may be the time I went I didn't think so

either but that was a concern last time so we tried to address it move the building back open up some parking in the front I mean it just you're not gonna help any greens because there's a big tree in the front right yeah so you're going to be probably having to knock that down I don't know if there'd be any way to keep that somehow Maybe no not with the parking yeah yeah

well again a lot of coverages and changing so they'll be creating green space behind the building or in different locations so a lot of coverage is 70 now it will remain at 70 so no relief with regards to lock coverage we have no zoning regulations with regards to cutting trees no not enough a lot area is sufficient for the five units that we're showing that that we're proposing so the lot itself is

conforming to the m District yes yeah yeah how many spaces would you have to knock off to keep that tree like two of them right and the pergola I'm sorry yeah it's dead stack in the Middle with the ideal spot but you know parking everywhere Pockets basically possible yeah all right any other questions comments anyone here in favor I'm going back to you anyone here against hearing none and we don't control trees but

no I know can I have a motion I find that the proposal is substantially different from the previously submitted one and move that we act upon to presented motionless yep and second no comments John Frank yes uh Jim Calkins yes John Silva Eric Kelly yes Andrew Pereira yes okay all right thank you thank you that was to allow us to those allow us to do it all right he's on a roll he wants to just

I'm just trying to read the three-minute rule a um that we Grant the variance as proposed no conditions to uh site Review Committee site plan exact plan review yeah nothing else yeah all right second John John gets the going down there and plant a tree so all right any other comments or discussion on the motion hearing on Eric Kelly yes John Silva yes Jim Calkins yes John Frank yeah and chairman Prairie yes

thank you this time you're done thank you well I'm not but he is all right you are done what item number 13 Charles J o'gara Pedros Peter a celino 163 Brighton Ave map F-16 great plane Lot 37 the applicant seeks a variance to redivide the lot in order to maintain the pre-existing Garage on parcel 2 and leaving the pre-existing two-family dwelling known as 163 bright nav on the original lot wave in dimensional

requirements this property is located in an R4 two family zoning District thank you for purposes of the record Peter celino this is Charles o'gara he's the property owner this uh these two lots were the subject of a 2021 plan invariance in which Lot 2 was a fixed two lot one and ultimately what Mr o'gara has discovered is that was not the greatest strategic move because the garages uh the doors on the garages face

South and when you Traverse through lot one you actually can't access the garages so merging them was a bad move shall we say and so as a result of that he thinks that prudent to go back to the original outlines which are to leave the garage which he maintains personal vehicles in and separate the multi-family house so the board allowed the appendage of Lot 2 to lot one in 2021 and now we're before

the board asking to separate the lots and the waivers are substantial as a result of square foot you know lot size Frontage and coverage both lots are almost entirely impervious on the ground now um but again you know you have obviously deficient Frontage and deficient area so we're happy to answer any specific questions of the board and obviously Mr o'gara can speak to the the site layout and why it didn't work so

I I guess my question at this point is it was two lots you merged them it doesn't work because the garage opens in the wrong direction now you want to go back the other day what difference does it make why wouldn't you just leave it as one lot oh because the intent ultimately would be that he's going to retain the garages and sell the house so that's why okay that was my biggest curiosity I was

so is there parking being retained on the three Family behind yes the behind the three family is all paved right so that's where your tenants parked now correct yeah all right so yeah you're not losing any parking from the the multi and their access is from Brayton Avenue brings a small access way between the house going in a southerly direction from Brighton Avenue any address of this garage was

originally Oxford obviously that's correct okay uh I don't see anything wrong with it I'd love to have a five-star garage someplace where I could just go and hide to be honest with you I might not have a rental workout yeah work something out yeah exactly I'll just because if I'm trying to do something at the house I'm not getting anything done um any other questions anyone here in favor anyone here against

that being the case I will entertain a motion from the board I'll make a motion to Grant um with the one can condition of a minimum of three off street parking lot one that would be lot one there's probably more than that did you drive by it is a parking lot it is a parking lot no I know I'm just saying it minimum you're saying there's about six yeah okay so good the six six a problem

no problem if I say six uh if you can't commit to six yeah if it's not mocked out if you say six they'll never have to buy a lawnmower that's what I'm saying I don't want to put you in a position where it three I I'll say minimum three for that I just want to make sure that it's maintained parking for that property while we're getting rid of the

garage and the lot okay let me ask this before we I know we're in the middle of a motion is this is there a bathroom or anything in that garage or is it just electricity it's actually not even power there's not even power out there how the hell do you run power tools I think he's just storing yours yeah it's just storage that's my motion okay second please second so I can buy Jim Calkins

discussion and just uh one thing that puts under the 163 Brayton Avenue is there a way of saying that that's not a commercial kind of thing I know it's a residential I know what you're saying yeah you know because well it's going to be a new owner but I mean is there you know any way of saying well it's it's interesting it's only being requested right if if the use was

to change relief would be required but you can condition it to remain a private garage because in this zoning District a private garage is not allowed so not only are you granting relief for the size of these Lots the use that you're being left with with the Standalone garage that also requires relief because you can only have a garage that is an accessory use to the primary use

of a residential building so without the primary use now a storage Garage in the zoning district is a variance in itself so this will be specific to what the uses of this five-star garage ought to remain in the future and also the garage that's on the three family there's a like a garage under and your concern is somebody may want to go commercial with it in which case all right so you say we have two

variances no yes yes but is that requested I don't I don't mean the application which well I mean it's used to the garage it's it's inferred by leaving an existing five-star Garage on one lot so it's inferred that you're allowing that used to to continue yeah I would also suggest that when you say waiving requirements yeah no I think you're covered but I just wanted to both understand that is we do not use the

term variance around here enough to make me happy so but if it if it would go back to if it would go to a use of a commercial use and they would have to come and ask yes correct nobody can just suddenly say it's an auto body shop or something okay you're gonna have to come in

that would then become a commercial well no people people rent out garage Bays all the time always no commercial use going on in there

my motion still stand yeah I can I can't remember it now the only condition is three spots three spots on that yeah okay and we have a second any other discussion they're hearing none this is Kelly yes Mr Silva yes Mr Calkins yes Mr Frank yeah Mr Pereira yes thank you congratulations thank you sir get power in there go hang out in your garage it's a man's right 14. there's discussion on uh just review

and discuss proposed updates the zoning board of appeals rules and regulations is everybody done their homework I haven't got any mock-ups yet so if we wanna see everybody's good with it fine if not you still have the ability to send me my last month has been insane I understood but I've looked at it I don't have any major problems with it yeah we can clean it up only wait for the permanent members then

oh look at you it's your big chance man I'm good one month's not going to make a difference so one month's not going to make a difference once it's done it's gone two months from now say oh I'd like to add this we're not going through this again yeah I don't like that too bad and actually the um just so you know the uh the fee schedule change yeah

um at the 27th I think the next council meeting that's the second reading so that will be finally approved then so amen these will concurrently happen on the new website new rules new forms new logo yes yes same font all the way through let's just say consistent fund ask Chris it drives me all of this stuff so consistent nothing's worse you go to a town website you think you just went you

left the town and went someplace else because everything looks different so we'll take this to next month last time yes do we need a motion to table it or yeah because otherwise you can't put it on the agenda can I have a motion to table the discussion on something thank you second second discussion none John Frank yes Jim Calkins yes John Silva yes Eric Kelly yes German Ferrari yes okay uh citizen input good

um no I don't mean good but you know what I mean approval of minutes from April 20th 23 and May 18th 2023 motion to approve read motion to do we have a second that was your job okay motion second discussion none uh John Frank yes Jim Calkins yes John Silva yes and Eric Kelly yes Joe Pereira yes the best motion of the whole night we have a second on the motion to adjourn second all in favor

aye meetings adjourned thank you Craig