The Fall River Zoning Board of Appeals convened on Thursday, July 21st, 2022, at 6 p.m., chaired by David Assad. The board addressed several variance and special permit requests. A petition from Abbott in Front of LLC for 100 Weaver Street was tabled to the September 15th, 2022, meeting by a unanimous vote. The board unanimously granted a variance for Eric Santos at 371 Sherman Street to divide his parcel and construct a new single-family dwelling, waiving area, frontage, and setback requirements. Kimberly Griffin also received a unanimous variance to demolish and rebuild a single-family dwelling at 4682 North Main Street, waiving frontage and setback requirements. Christopher Furtado's request for a variance and special permit to add a two-story garage with an apartment at 55 Laurel Street, increasing the unit count to four, was granted by a 4-1 vote, with Chairman Assad dissenting. Conditions included a minimum of eight off-street parking spaces and no further subdivision. Paul M. Levesque Jr. was unanimously granted a variance to build a two-stall garage addition at 79 Reservoir Street, waiving side and front yard setbacks. The South Coast Hospital Group Inc. received a unanimous variance to construct a 442-space parking garage at 38 Hillside Street, waiving front yard setbacks, which was a procedural modification to a previously granted special permit. Weathersfield LLC's special permit request to develop 35 residential units at 158 Bedford Street with reduced parking was unanimously granted, with the board finding it would promote a public benefit and not be detrimental to public health or safety. Finally, Thomas F. Burke received a unanimous variance for a garage addition at 1769 Robeson Street, waiving side and rear yard setbacks, and John Marchand was unanimously granted a special permit to reconstruct and alter a non-conforming single-family structure at 12 Swordy Pond Avenue.
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good evening i'm david assad the chairman of the zoning board of appeals for the city of fall river it's 6 p.m on thursday july 21st 2022 we are meeting at one government center in the first floor hearing room pursuant to massachusetts general law chapter 38 section 20 subsection f i hereby notify all persons in attendance that this meeting is being recorded with both video and audio devices
0:28fall river government tv craig salvador is recording both the video and audio version if anyone desires to make an audio video or combination recording thereof please notify me now and i shall make a public announcement of your intention our recording secretary this evening is nina kruger the lady to my immediate right present this evening our permanent members john frank james carkins dan
0:56duca and alternate members ricky sehati and john silvia also present is the city engineer and acting overseer of the planning department dan aggia the gentleman to my far left i believe you're still acting i don't think it's i mean you will okay i just want to make sure if you've got the official title let's uh use it nina have all petitions to be considered and properly advertised and all
1:17interested parties notified in accordance with the rules and regulations of the zoning board of appeals in massachusetts general law chapter 48 is amended yes i declare the july 21st 2022 regularly scheduled meeting of the zoning board of appeals for the city of fall river open for such business i shall regularly come before it i remind all persons presenting before the board including the petitioners abutters
1:43anyone in support or anyone opposed to the petition that your presentation 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
2:08i hereby advise the petitioners and all interested persons that this board is the zoning board of appeals this board's authority exists pursuant to massachusetts general lord 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
2:32specific development and or use which the subject which is the subject of the petition before the zoning board this evening the clerks in the building planning engineering and licensing departments are competent in the discharge of their duties as clerks they are however not lawyers and are not competent to give legal advice the action taken by this board has a real and lasting effect upon the title
2:56to your real estate i urge all petitioners to seek competent legal counsel before filing your petitions and after a decision of the board has been made for example there is a city ordinance 2015-11 section 10-1 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
3:23authority and you are here this evening because the building inspector has determined that your proposed action is contrary to the city of fall river's zoning 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
3:52of this meeting i disclose that an official copy of the four of a zoning ordinance is available at the city clerk's office one cannot rely on the online zoning ordinance i cannot participate in agenda item number two therefore john frank clerk of the board will chair that petition also since attorney penis celino is the attorney of record for item two and has two other matters we will take
4:18attorney celino's matters out of order are there any questions before we begin my understanding is that agenda item number zero for uh weathersfield llc care of attorney i'll strike that uh agenda item number three abbott in front of llc at the care of attorney thomas p calor in 100 weaver street lot t3 15 has sent in a written request to table this matter to the next meeting so if any of you are here for that matter
4:50the board will take attorney caloran's request uh whether or not we will allow him to continue to the next meeting or whether or not we'll make him go forward this evening mr chairman i believe the request was for a meeting a few months away oh next meeting september so it's not the next it's not the august meeting it's the september meeting do we have a date for that september september 15th all right
5:15so is there anyone here that came out for that for this particular agenda item this evening okay so the board has to vote on whether or not we're going to allow them to continue it to september um so i don't so members of the board do we have a motion um to allow that petitioner to table this matter to the september 15th meeting mr chairman i hope we grant permission to table that matter until a september
5:4515th meeting okay jim cawkins makes the motion to table to september 15th do we have a second second second john frank any discussion on the motion hearing none john frank yes jim carkins yes uh john soviet yes ricky sahara yes dan dupay yes german assad yes okay so that one is tabled to september 15 2022 so we're not going to do anything with that this evening we'll see you in september thank you thank you okay
6:15that being said we'll start with agenda item number two which is the eric santos mata which i can't listen to john frank will chair it
6:32good evening members of the board for purposes of the record my name is peter felino i represent the applicant petitioner in this matter my office is at 550 locust street in fall river this is agenda item number two eric santos 371 sherman street lot l 17 0 0 9 5 variants request to divide the existing parcel into two separate locks leaving the existing single family on one lot and construct a single family dwelling
7:01on the proposed second lock with a 8 520 square foot frontage of 118 and on sherman street and waving side looking a wave side front and rear setbacks attorney selena thank you mr frank so the client and petitioner is eric santos the property owner is jared santos jared santos being two people from my right jared owns the parcel he would like to divide the parcel to afford his brother eric santos to build
7:35the house on lot 2 as shown on the plan i think a lot of folks would be familiar with this because it's in a high visibility area on the corner of locust street and northeastern avenue and many people often wonder what's behind the wall is that a fair statement so that's just to identify the the property and parcel so what is proposed is that lot to be created by dividing the parcel
7:59um leaving jared with lot one eric with lot two the requested relief before this board this evening is as follows uh in this zoning district we need twelve thousand square feet of area the proposal as mr frank just read into the record is eight thousand five hundred and twenty square feet so we would need a variance for area next the front yard setback required in this district is 25 feet and per the
8:25plan we only have 20 feet so we would need a variance for 5 feet of front yard the side yard setback is 15 feet and we only have 10 feet and finally the rear yard setback is 25 feet and we only have 20 feet so we need waivers for all those various things the plan does show a building envelope on it which more or less overlays the tennis court um
8:50as far as the legal hardship here it's got to be the shape the lot as it exists again is bounded to the east by northeastern avenue a sidewalk and an existing wall so there's really no way to meet the setback in a single family district with a reasonably sized house the proposal is a cape and again eric grew up here and his intention is to come back here and live on lot 2.
9:15i'd also note for the board's attention that there are six letters of support in the file we more or less canvas the neighborhood to make sure that there is not going to be any large objection to the project i'd submit to you that in fall river getting six letters of support is pretty sufficient in terms of showing that the neighborhood is not opposed to the project and with that i'm happy to
9:38take any questions from the board and answer anything that you may have members of the board any questions the house proposed house will be facing facing sherman street mr parker yes the uh the wall staying right all the way around yes let's see um what's going on with austin street that the lot one going to fly it ass that ultimately misrepaired that if this gets approved tonight
10:08there would have to be a discontinuance of that and then yes ultimately that would be the goal because once the paper street is discontinued via butter owns to the middle which would be appended a lot right so that's the intention but we're not going to go through with the street abandonment if this doesn't get approved because as you probably know it's a bit of an undertaking to do that right
10:31so i just have it looks like half of if the street does if you guys able to get the street half goals to their property and the other half goes to the house on the other side that's right that is correct okay that should be cool that's correct the legal name for that is the derelict fee statute right judge barely free statute what's the uh what's the proposed block coverage for lots of
11:13like you might have to ask for you can do that coverage i'm asking just to say not to put you on the spot jeff but do you know the answer to that question mr tallman drafted the plan i'm not sure what it is but i i well i'm not sure what it will be i know it's 100 right now with the tennis ball okay um so we we will be reducing it but i don't know ultimately
11:33i don't have a footprint for the house will you be at her under the 25 or should you ask for relief on that as well i think we should ask if we can ask i would certainly ask right now yeah yes okay so you want to also add lock i think a lot of coverage has to be added yes we don't have to re-list for that
12:05any other questions from the board anyone in the audience in favor of the petition okay just start from the back and name and uh thomas corey k-h-o-e-r-y address 477 sherman street okay and you're in favor that's it you're in favor oh i'm totally in favor yes counselor yeah linda's 99 north dodge industry um i live in that neighborhood and i just wanted to say you guys don't see me down here often
12:55but i had been called by several of the neighbors who are in support of it and said i hope they go through with this because it would be a good thing for the neighborhood and good people that live on the street um we did it on our documentary with the howie acts let them split land and they were right across from me but wouldn't it be nice if families lived together
13:18like we did years ago we knew each other and we got one so i'm just here to say i received several calls of people in that area that were in support thank you thank you yes yeah i just wanted to speak uh i appreciate our council of pereira's sentiments it's about family it's about bringing family back together and being close and being able to live out our years together as family it's a it's a wonderful neighborhood
13:49and uh everybody around us is in favor of the petition well i want to add thank you anyone else in the back row lisa santos 371 street i'm in favor thank you jayla hills 692 wooden street anyone else in favor anyone opposed okay was mentioned earlier there are six separate letters here in support um they're all form letters that were signed i'm not going to read every single letter but i'll i'll give the
14:32names for the record um we have an erica warsley i believe it is 1626 locust street paul pimento 403 sherman street rosemary estrella 366 sherman street james root from 300 eastern avenue paul corey 386 sherman it's like wendy correa eastern avenue 355 eastern avenue okay uh anything else no sorry you didn't yeah i did yeah uh okay members of the board do you have any other questions okay do i have a motion second
15:32okay seconded all those in favor starting with john yes yes yes yes yes yes yes okay okay thank you members of the board thank you
16:04have a seat
16:15okay agenda item number three kimberly griffin 4682 north main street lot x4 lot nine variants request to construct a single family owned in an a2 apartment district waving frontage front side and rear yard setbacks under section 8635 which references our table of dimensional requirements this item will be a five-member board and keep alternating thank you again for the record peter
16:55celino 550 locust street fall river council to the uh petitioner applicant the applicant in this matter is kimberly griffin she's here to my right she owns the subject parcel as you can see from the paperwork the address of the parcel is 4682 north main street it's in an a2 zoning district the proposal is to demolish the existing single-family structure and rebuild for kim and sean bartley who's here in the
17:24audience to live at the waivers or variances requested relate to the frontage uh per the plan we only have 80.41 feet whereas 100 feet is required in an a2 district the side yard setback which would be the south on the plan or to the left on the plan is 17.6 feet per the plan 20 is required and we have a potential issue of a rear yard setback from a footing of a proposed deck
17:56that would be 23.3 feet off the line where in that situation 30 feet is required so i submitted to you in my petition that the hardship here is the irregular shape of this lot to me specifically carved out and caused by the fact that the southwest corner is not a 90 degree angle i think that had that stone wall not been where it is and had that angle been a 90 degree angle and the frontage
18:22issue itself and the side yard setback is solved and depending on the size of the deck we may or may not even be talking about rear yard i don't think this derogates from the intent of the bylaw certainly it's consistent with the neighborhood it's a mix of single and multi-families both on this side of north main street and on the other side of north main street and again just like the highlight that
18:45this is for kim's use this is not a flip out of town person trying to create a lot and make some money kim wants to live here she inherited this parcel through an estate was it your grandmother father through her father's estate um so ultimately that's the request to build a house on this law what's being demolished my understanding is there's an existing structure there is a single family structure there so the
19:11ancient single family structure is being demolished is 21st century blue house is being put on correct the footprint it's not using the same footprint but it's just a little bit different but it's very similar district there was a single family they were replacing it with a single thing correct because that's right yeah the dimensional requirements that you need the specific experiences
19:50yeah and then lock coverage the engineer has us at 28 right so we're less than the 30 percent coverage okay i just want to make sure you get all the variances that we the board acts on all the items okay uh members of the board any questions on this particular petition is there anyone here in favor of this petition is there anyone here opposed to this petition okay members of the board it's a pleasure dan
20:20is there anything that we should know from you site plan review certainly required as a condition yeah okay okay so has the petition to met the host has the petitioner met the burden of 48 for the variance shaped constitutional condition if we think we have to give a motion to grant if you think they haven't it should be a motion to deny it yeah mr chairman motion to grant ricky sahara motion to grant seconds
20:50okay any discussion on the motion hearing none john frank yeah jim calkins uh ricky yes yes chairman assad yes that petition is granted thank you thank you site review
21:14just to be quick ricky you're you're up just to be clear rick nina asked the question in your promotion it was like family yes that's just taken for granted i don't know just require my own it may be required but let's make it express it didn't come up on the one that uh prior that you were in here so i just wanted to clarify that to me yeah but but it's it's a requirement especially for that
21:38i just have a clarification question on that one too you know we put on there the amendment that attorney celino requested a lot of rejoicing to be added to him okay i just want to make sure no not this without this one i was he's drawn all right so that was number three what's the next one first number four christopher furtado 55 laurel street lot c2 lot two variants slash special permit request two-story garage
22:12with an apartment above waiving use and setback requirements on a pre-existing non-conform pre-existing non-conforming structure in a bl local district the present use as a three family is allowed in the bl district however if the relief is granted the applicant needs relief to use the property as a fourth bank uh just to be clear what's it there's not an existing structure
22:45no no there is a structure but the construction of this garage and apartment is not on an existing city that is correct it's a new it's a new structure attached to the prior structure it's not attached to it no it is attached it is attached yes on this yes yes okay so for the record peter tolino representing christopher fertardo who's here with me to my right mr furtado owns the property of 55 laurel street um this
23:16one to me is a little bit interesting because we have a bunch of different things going on as you see on the plan and the hash lines that are in pink the southern portion of the property is in an a2 district and the northern portion of the property is about two-thirds of the property is in a bl district so i also pled in the alternative for a special permit to increase the existing non-conformity
23:41so talking about the variances first if we look at the site as being a majority in a bl district then we need a variance for the unit count because in a bl district you can have three units by right but this additional apartment above the garage would be a fourth unit so there would be a need for a variance there if we as a result of this construction or alteration we lose the grandfathering on the
24:10structure known as 55 then i also think we need front and side setback relief in a bl district and there is no lock coverage requirement in a bl district so i'm just calling that out because i don't think that's an issue um i would be happy mr chair if you want me to talk about the a2 component of it but i think in that the bulk of it's in a bl the interpretation is that's what
24:33we should be focused on i think that's well settled that the majority being when you have the division line and the majority being in the bl district that's what's going to go okay so then moving on to uh well strike that i shouldn't move on yet because i should talk about hardship which is the location of the existing structure being five feet from the northerly property line and kind of hugging laurel street i
24:56also asked the engineer to put on the plan the existing paved driveway and parking area and as you can see there's also a five-car garage on the site to the westerly side that hugs the property line so the site is somewhat constrained in terms of its shape and what we can do on the site and the intention for the record is that mr furtado's daughter who's here uh intends to live in the apartment on the
25:20second floor so to me the hardship really is the existing impervious material on the site as well as the structure itself and its location the three family structure and the garage itself um i don't think it derogates from the intent of the bylaw nor do i think it's detrimental to the neighborhood um for a couple of reasons number one this mixed-use sort of concept is on both sides of the street
25:45there are also six letters of support in the file for this saying that they've looked at our plans and approve of the same and then i'll turn to keep within my three-minute threshold turn to the special permit component under the bylaw as you know we can ask for a special permit to increase an existing non-conformity if the board finds that it's not substantially more detrimental than what's already there
26:08i would submit to you that if we had one apartment and three garage parking spaces it's not more detrimental there are not going to be more cars on the street they're going to traverse the existing driveway go into the garage park and that should be it so it's submitted that i think you can i know you have to take two different votes but i think we can look at it both ways and
26:28i think there are good arguments for both a variance and a special permit to increase the existing non-conformity happy to take any questions do you think if the board goes with the variance you don't need the special permit that's correct i checked both boxes no i'm just asking the question yes because i think if the variance is granted then it gives you everything you need if not and
26:53we go with the special permit and i don't see how it rises to the level of a special permit but there are four other great western minds here on the board so we'll figure out what's gonna happen all right members of the board any questions yes yeah john no go john that's the question there's a reasonable size jury on the lot that you're probably going to tear down and put the garage there
27:15would there be a way of planting a tree behind the house or just giving funding to the city to plant a tree somewhere the tree is actually right in the front yard yep so and that that whole area there would have proposed were buildings there's not a tree yeah there's on well on your on at least how i looked yeah that's right in the front so that would be on laurel street
27:35right on the laurel side oh so is it the sidewalk may i come up and show you sure that'd be great i just have to press the tree stand she's staying here staying all right so this is going up so if this race
27:59and we have the statement from the petitioner that the tree is staying sounds good it was again you had a question yeah the existing the five car garage is that for the three family or yes yes is it being used by the two of them
28:26first floor he lives in a garage yeah i mean sorry parks in the has the garage spot and the other has a um pots in it in a road uh right on laurel street and the proposed garage is that how many stalls three three three still yeah so i just figured having the parking underneath and you know my daughter living upstairs yeah yeah make sure the car shut off you're gonna be able to accommodate at
28:57least eight off street parking without question right between the three family of the singles and the single family so if somebody want if you're thinking about it then make it a minimum of eight or street blocking as a condition whether or not they the tenants or the have used it as another question but at least have it if that's something you're thinking about okay anything else members of the board john
29:27dan anything we should know no just that if you decide to go the route of a special permit for some of it the expansion of the non-conforming structure can be moved by a special permit will be used to afford you and it would have to be veterans i think it's cleaner and better for this particular project doing it as a variance on all the items and and because the majorities in the bl
29:52district bringing in the fourth unit in requires the variance and so of course you know that a four unit building is allowed in the adjacent a2 district it is with that unfortunately it doesn't correct rise to the level okay so those are our is there anyone here in favor of this petition yes ma'am will you identify yourself for the record please okay the other one make sure we have upstairs smoke
30:22detectors carbon monoxide detectors up there yeah good uh anyone else in favor anyone opposed to this petition yes sir you guys identify yourself my name is uh gil branco i own 45 laurel street i'm a butter that would be right on the side of his property i've owned my property for 37 years and um i read oh yeah so you're the butter to the yes so when i read the proposal i didn't really
30:58quite understand it so i wanted a planning board and i looked at the blueprint or the footprint whatever you want to call it and um i in my opinion i've been there like i said i've owned the property for 37 years i've got a neighbor that in 1997 built the house which is an uncle to him yeah i had no issues with that i just feel that he's going about this the wrong way um
31:25his building is going to like close off my law so i feel that it's going to appreciate my property he's got a big enough lock his lock is uh 11 413 square feet which i feel if he wants to do something like that he should he should get a balance to split a lot because what he's basically doing is he's putting up a house and he's he's making like a breezeway
31:53from the three family to this house and he's calling it a four unit which i feel is unfair to us okay you've got the you've got the northern boundary line he's the current existing 553 family exists where it is he's adding this proposed two-story garage edition to the west of the property just which is right but talk tell me or explain to the board because i'm just trying to visualize
32:31your statement that it's cutting off your want how is it oh no no it's closing in my law in other words my corner is like that's opened up in other words it's not constricted like most of the properties in the city it's a it's a unique piece of property it's on the corner you're on the corner you face laurel street correct yeah i've got my parking lot in the back yeah
33:00looking over to his his side it's opened up with the five garages and his house sits directly on the corner of his lock which is close to my house and just like yours is nice his house is situated the same way yes but the problem is like i don't have much space between my house and his house it kind of like closes in so what he wants to what he's proposing
33:28to do is going to close it in right to the end so i get a little relief from his house over and that's going to cut that's going to stop that's going to like it's going to close the center listen i'm not advocating fences okay but i'm at so i should probably have attorney selena anson i'm going to ask the question so you're saying you're enjoying this view because this unincumbered view from the
33:55rear of your house into his lot so if he chooses to put a six foot stockade fence along that north that i guess is the northerly boundary that's so it's going to be that would be fine no no no i'm just asking visually you've got this open space now he's going to put the the fence up and now what he's putting he's not he doesn't have that he's putting a fence he's putting this two-story garage and
34:21on the second floor of that garage is going to be in a park yeah it's going to be pretty high okay and and my life complete talk this lot is huge and he's putting everything on my side no no we drove by i mean most of the board members have been by what i'm trying to say is he's hug like i'm the only one affected by this and i've been at we've owned that property
34:50for 37 years i've got pride in my property if you go by there my house is really decent looking and i believe it's going to take away value for my property if he wants to build a a house that's basically what he's gonna he's got too slow garage underneath with an apartment above that's a house that's what he's doing and he's he's calling the attachment to the three family it's a breezeway i
35:16i've seen the the planet strongest is connected yeah it's not it's not attached i mean it is technically because that's how he's trying to get around it but i mean i'm gonna ask yeah if i may respond so i don't think we're trying to get around anything it's attached under the city bylaw that's the definition of an attachment okay number one uh number two do you live in this property
35:43no i don't okay so you're here in front of the board complaining about you but you don't actually live there i'm there every day though but is the complaint view no no okay i thought the complaint to mr chairman was the view wait no the complaint is is blocking us in like okay the houses are not that far apart the house is probably from this desk to that wall apart from mine
36:07now he's going to make it that way all the way to the end of my lot right which i don't i mean the houses were already there right right which which to me it's pretty damn close okay so now he's gonna he's gonna make it so that it's from the house all the way back the same way and i think that it's gonna it's gonna take away from my property i'm just
36:28being so it's a value issue yeah okay
36:47so the size of this lot i think it's eleven thousand four hundred and twenty four square feet is that correct attorney yeah so in this addition um you're the so i'm going to call it a side yard 12 feet yes and in the bl district side yard is 10 feet so correct if i'm correct you're exceeding the side yard even though the existing house is only five and a half feet away that is correct
37:15okay the rear you know i guess i'll call that the rear yard the rear yacht is appropriate 15 feet and you've got the 15 feet there correct so that part of the dimensional stuff is correct right um the issue that you're that he's confronted with so side yard so that side yard next to your property with the exception of the existing three-family dwelling which is only five feet from
37:40the property line he's proposing 12 feet and what he really needs on that side yard is 10 feet so he's going back two feet more than what's needed uh if it was if it was going to be allowed the rear yard is 15 feet in the rear yard according to our bywar is 15 feet so it meets or exceeds that that really the issue is if we the number of units because in this bl
38:13district you can have three units as a matter of right he's proposing to put this two-story garage attached to the building and you saw the plane go you saw i looked at it quickly i came to the planning board to take a look at it because when i read it yeah i didn't understand what he was attaching it to it looks like it's being attached to the house is that right correct correct bulkhead you know
38:35i know yes engineering-wise i i can't the plan that we're looking at if you haven't seen it i mean here's my plan it looks like it's going to be attached as you said some type of a walkway with the garage underneath and the apartment upstairs the dimensions of it are 20 i think 22 by 18 or 22 by 40.
38:5822 wide 40 feet direct yep roughly a rectangle right yeah i don't know it's it's it is i understand if you split the lot he would be able to get it that way and it would be on the opposite side which he has plenty of room he doesn't want to give up any garages or anything it's it's just i just feel it's unfair to me because we've been here 37 years and i i
39:23just think it's unfair that it all sits on my side yeah
39:33i wanted to afford him the opportunity to speak i wanted attorney celino to respond what are your comments if anything on this is the structure itself and the size of it is completely allowable as you were moving in that direction could actually build a bigger structure than what's being proposed could probably be a three-story building i might know what the height requirement is
39:5345. so he could theoretically build a 45 foot high addition to the to the three family 10 feet from that property line so he's not going to that size i think the real issue is going from three unit to a four unit um and i i don't think there's been much of a um concern from any of the abutters regarding that part of the relief requesting relief it's more about the
40:18structure and being closed in so the board should look at it at two different ways one is the size of the structure and the location of it and then two the use from going to three to four is really the meat of of the relief being requested because he could build a larger addition with the garage and let's say add rooms to the three family extending that entire width of three families straight back straight down
40:42making a much larger structure and making a three three three units bigger than what they are and that would still be in conformity it would be and it would actually it would close him in even more visually if that's the concern i mean that's where i was going with the dimensions but to do whatever to do what he wants to do he needs a variance he needs so he needs to meet shape topography soil
41:08conditions that we don't have we've got and again with shape of a lot i think is where it is and the existing structure the existing structure right the existing structure being the pivotal factor and is there a hardship um on the development or use of his property uh if we think that yes he's met that then maybe we should consider it if we don't think he's met it then it should be denied
41:30um so let me just so the broncos were opposed to was there anyone else opposed to it okay anyone else uh so we heard a favor posed discussion from the board and just further discussion i just want may i yeah it's a point of order so we're focused on the variance but i also want the record to reflect that we played for a special permit as well and i cited in my petition
41:54425 to extend alter change and non-conforming structure so i think that also needs to be there's no question that the three families non-conforming so that needs to be part of the discussion
42:10so under 86 425 and under 48 section 6 if you want to talk about extending or altering or changing a non-conforming structure doesn't fit into any one of the exceptions and if we do we say okay let's talk about whether or not it's substantially more detrimental to the neighborhood right than what's there and you get to the special permit if we're going to extend alter or change a non-conforming structure
42:44and that was where your attachment to this is critical right to 55 the existing sink i'm going to expand or alter the structure up though you still have to deal with the use no no you know you still you may do that but you still have to deal with the variance on going from the three to the four right there's no so you may get to the analysis that's why i said the
43:11variance would be the better way to go um but the analysis still has to be yes you may say yes you can have this proposed two-story edition because you're doing it under a special permit but to get to the fourth unit you need the variance to make it work that's the analysis that the board has to think about uh but yes you are okay we'll make sure we have that in the record for you uh okay
43:35good cure had any consideration been given to building the apartment over the existing garages what is your reason for wanting the alternative structure can the current garages support an apartment above no raised over there my godmother lives next door and my grandmother used to live on a three family on the side of the other house there and next to the car wash so i mean i've been there my whole life i
44:08bought the house off my godmother and i just kind of want to stay there in the neighborhood and yeah i might go to go there yeah i understand he lives in dike yep that is a true statement no no so i'd like that where he lives he owns the property this is the property that's in place um the um whether or not for example mr branca whether you've been there 35 years or 10
44:33minutes you're the record owner of 45 laurel street so you have the right to come before the board and tell us what your concerns are just as this gentleman whether he lives in dayton or in fall river i got it the issue about the daughter we all know i know attorney celino knows that those types of personal issues about the daughter the grandmother the mother-in-law don't rise to the level of
44:56hardship uh in terms of what the board needs to hear to grant a variance it's really with the shape of the lot then the use of the property so it's up to the board um has he met the burden has he not met the burden um do we want to grant the variance do we want to deal with the two pieces yes the special permit that yes he can expand
45:18it's not that more detrimental but do we want a grain of variance to add the fourth unit so those are like the two pieces that need to be done if we say we're going to grant if we say no he hasn't met the burden then it's all over and can we talk about lot coverage again you said lot coverage is not a factor because it's a bl that's right there is
45:40no coverage nothing in the bl district and if we're going with the bl as being the control and i think you have to because the majority of it is in the bl district that's what's going to control okay
46:00so motion to grant motion to deny has they met the burden have they not met the burden
46:15and the lot isn't big enough um eleven thousand four twenty four he's got the three family so he's gonna need eight thousand square feet to say oh i'm gonna cop it up um and have sufficient frontage and get two lots out of it uh you wouldn't have enough left to do it i'm just trying to be innovative in terms of how else you can accommodate it and say put a sit put a house split the
46:41lot put a house but
46:55but that's not before the board i'm just thinking outside the box
47:12okay what have we got ricky dan john jim i'll make a motion to grant dan duper motion to grant we'll have a second on dance motion to grant i'll second with a condition of uh no uh no further support no further subdivision no further subdivision it's connected to the house it's not standing in the back i got it yeah i'm just i just want to be clear that you know it's connected
47:46yeah i got it no further subdivision okay okay so john frank seconds it with no further subdivisions dan do you want to modify your motion to include that yeah also parker make sure that you put in there yeah minimum eight wall street parking spaces
48:12so you've got two four six there and on eight so eight minimum eight off-street market spaces okay no further subdivision remember eight free eight off street parking spaces so that's the that's that's your motion that's second by john frank any discussion on the motion anything else none okay ricky sahaddi yes dan dupia yes john frank yes jim calkins yes chairman assad no the petition is granted four to one
48:49you got the variance peter good luck to you sir thank you thank you uh for the record that we're one two three four five five letters of support that are made part of the uh record thank you thank you and thank you for taking me out of order um and thanks everybody for waiting for me okay so peter celino's done now we can start with agenda item number zero one paul m levesque junior 79 reservoir
49:23street lot l 764 variance request to build a house addition waiving setback requirements in an s single family district this is the one that yes okay get that one
49:5079 reservoir street fall over start out by apologizing for missing last month's meeting i had uh something come up that that's fine i've covered you you're here so tell us what you want to do i'm looking to build uh tear down my current attached single single uh one car garage turn that into a two stall with an addition above which would be attached to the upstairs of the house there'll be no access to the house from
50:22the garage it would be through the upstairs of the garage existing house on reservoir yes you're going to put a proposed two-story edition 26 by i'm trying to think the 26 by 26 yeah and 6 by 30.
50:46yeah oh 30 i got it way over there proposed foundation okay
50:57access is going to be off proposed you're going to put a proposed paved driveway correct it's going to be attached to the house yes there's currently a single car garage there with a single driveway that's going to go away that you're getting that's being raised in this new correct okay either way that has to get raised that garage is just falling apart i mean just so that garage is going in this new
51:22proposed yes and in this district which i believe is in s district uh your side yard uh so i guess it's going to be side yard side yard you've got nine feet and you need 15 feet so you need a uh you need a six feet six foot variance on that side yard correct the area is twelve thousand three hundred and twenty so it's a conforming lot size is the is the uh is the roof line
51:57going to continue the roof line the existing house is going above the existing house uh it's gonna be perpendicular to the roof line currently faces uh east and west oh and the garage will final face nothing's healthy okay uh i guess all right better question same height as the existing or is it gonna be higher it'll be
52:24the current um garage roof is it's not going to be greater than 35 feet i don't believe so now okay okay ricky dad mr chairman just just one thing i mean you say you don't believe so i mean are you certain that it won't be 35 feet i'm not 100 certain no i'm not i don't have that well you don't have any idea the reason why i'm asking you is i don't want you to
52:58build uh 39 feet and you're coming you get a seats and assist so if you have an idea of how high 35 feet is that's what you can yeah i don't have the draw in front of me i don't know but you do understand though that there would be a cease and desist if it exceeds 35 feet right i didn't ask questions yeah so provided it's not going to go above 35 o'bl's right okay
53:21if the boy if the board says you asked right yeah yeah but if he doesn't know right no i'm not that's that's what i was asking about the roof line it looks like it's a race ranch so it looks like it's going to your top uh your living level is going to go straight across so you're not going to be stairs up and down either way to go into the upper level above the car
53:40the upper level above the garage i think there'll be four or five steps going up to that could be about five feet higher than the existing construction oh so you got to get the clearance in the garage yeah that's it you're basically adding this is staying with this height and then adding another full story but that's something more than 30. that's not going to go more than 35 feet okay
54:03so those are the dan anything that we should know about no just that on on the plan specifically request lot coverage variants side yard it does not request a front yard which is 25 required and this will be 20 in line with the existing structure but you may want to deal with all of the setback relief for all of them okay so we can certainly grant we if we
54:32decide to go that we can grant all those items to make sure it conforms and have a variance that deals with all of it or no closer to the street than the existing instruction if you don't want to put a specific number on okay all right is there anyone here in favor of this petition is there anyone here opposed to this petition members of the board what do you want to
54:54do i'll make a motion to grant motion to grant second second ricky sehati uh conditions john about um wait uh well this one waving lock coverage side yards front yard in line with the existing structure okay and that's you that's your motion all right second right ricky okay okay any discussion on that motion hearing on ricky sahara yes dan dupa yes john frank yes jim cawkins yes chairman
55:30assad yes okay that petition is granted with those conditions thank you very much
55:42agenda item number zero two south coast hospital groups inc 38 hillside street lot m16 8 variance request to construct an off-site two-story 442 space parking garage in a g general district waving all zoning requirements decision modification
56:15i requests see anything good evening soon you identify yourself with a record please tell us what you'd like to do yes uh good evening for the record steve gioso with civil and environmental consultants uh 31 bellows road raynham representing south coast hospital group as the board probably recalls at the last meeting you granted a special permit for a parking garage located to the south of the main hospital complex
56:40off prospect street and in reviewing that uh the city engineer city planner decided in looking at it that it was more appropriate to also include a variance for this site for setbacks when you look at the diagram that i've put on the board here we have placed the proposed parking garage which is to help us alleviate parking issues within the neighborhood so we think the overall construction of the garage does
57:11meet the intent of the zoning by not being more detrimental to the neighborhood and actually improving the conditions in the overall neighborhood by pulling a lot more vehicles off the public way and what we've done is we've set the garage close to the hospital side or the north side of the subject property approximately eight feet from the sideline of prospect street and we've also offset the structure to the east
57:39so that it's eight feet from the sideline of hanover street and the reason we've done that is in the reason we require a variance in this case is that two reasons unique shape and topography on this particular site the shape constrains us in a north-south direction we have to meet the zoning requirements for minimum dimensions on a parking stall and access aisles for public safety going through the site
58:08and that sets the overall width of the existing parking lot and also the overall width of how we set the parking structure and what we wanted to do is in the north south direction maximize the green space on the south side where we do have residential properties so by allowing the variants from the setback to prospect street that would allow us to maximize that green space on the south side
58:36adjacent to the closest residential properties the same thing in the east-west direction but we also have a topographic relief on the far west side the topography drops off and by offsetting the structure more to the east side that allows us a to maximize green space adjacent to our residential neighbors to the west but it also avoids that topographic drop and works more with the natural features of
59:05the land avoids major grade changes to accommodate that topographic feature so we're looking for relief for setback this evening and we have intentionally offset to minimize impacts on the residential structures in the neighborhood and we think the intent of the zoning ordinance in this case is to provide proper buffers to adjacent streets and we think that this will accomplish that as well as
59:32create additional buffering to the residential properties i'll be happy to answer any questions from the board of the audience at this point okay so the building setbacks the the itemized items that you need relief for so the required front yard setback is 12 feet we are looking for eight feet so you need eight okay so that's a four foot deviation from the front subject parking um setbacks
1:00:02for the structure and depending on how you view the front yard we are obviously a unique parcel with streets on all four sides if you view them as all four sides being front yards then we would need relief from 12 down to 8.
1:00:16if you consider hanover street a side yard setback then we're looking for relief from the side yard requirement of 10 feet down to 8 feet so i think to play it safe we'd look for looking at them all as um front yards um and that those are the two sides that we would require uh relief for this structure you know that's that's all i'm coming up with is just two yes two items for relief that's correct
1:00:46okay all right is there anyone here in favor of this petition is there anyone here opposed to this petition uh members of the board any questions specific to this project dan is there anything we should know about it just procedurally so you understand what happened when the petition was presented to you at the previous hearing it was the boxes for special permit and variances were checked
1:01:12to deal with the use of the garage which you dealt with appropriately as a special permit but when we were writing the decision we found that no vote was taken with regards to the required variance um regarding the setback issue so this is just to modify your previous approval special permit as one said we're not modifying it we will issue a separate variance decision correct you can do it either way okay
1:01:36yeah if you want to issue a separate variance it was advertised completely everyone was notified i think if we grant it we should do it as a separate variant with a separate record we didn't want to get it to the point of site plan review and then have to alert the applicant that they didn't get the relief with regards to that back so this was the appropriate way so let's
1:01:54make sure we give them what they need if that's what we want to do okay granting approval so jim cawkins motion to grant second is dan dupay ii any discussion on the motion hearing none ricky say howdy yes dan dupay yes john frank yes jim cawkins yes chairman assad yes okay thank you thank you very much thank you good night
1:02:28agenda item number zero for weathersfield llc care of attorney arthur d frank jr 158 bedford street lot n442 special permit requests to develop 35 residential units without the place without the placing of 70 parking spaces off street and on-site as required by 86 441 yeah good evening please mr chairman members of the board uh for the record my name is attorney joseph macy with offices at 209 bedford street
1:03:06in association without the prank i'm now awake so we can proceed this is a continued hearing as i know the board knows and i would ask as a matter of procedure that the board adopt and incorporate by reference the evidence and information uh elicited and presented at the last meeting um we're certainly prepared to go over it if we need to but uh i'd still like the record to be uh collective excuse me
1:03:50i'm trying to think if we listen to whether or not we just it was a singular issue that stopped because we needed a letter from i think it was jim who asked the question somebody asked the question to get a letter from corporation counsel uh we didn't take any evidence at that time all right you can't but let me read the letter that we got because it was central to
1:04:14whether or not you could go forward or whether or not the city sold this gentleman a bill of goods that couldn't be done city wouldn't do that i understand that i don't believe the city would um so in response to the request about whether or not the deed as and i guess there were some ongoing negotiations about the number in the original deed of 30 up to 35.
1:04:37so uh issue but it was the whole but it was the whole how many units so corporation council gave it to i think he's a special corporation council um matthew j thomas esquire at the request of corporation council alan rumsey wrote gave us a written letter and i'll read it it's a matter of we'll make it a matter of the record but let me read it out loud so we all know what attorney thomas said
1:05:10so this is dated july 15 2022 addressed to me david everson esquire chairman of the florida zoning board of appeals dear mr assad as you are aware i serve as special counsel to the city of fall river here and after the city and it is in that capacity then i'm writing this letter as you know the property at 158 bedford attorney mason do you have a letter i'm reading it if you don't have it then
1:05:38let's give it to you as you know the property at 158 bedford street fall river a former tax possession was conveyed by the city to weathersfield llc 29 fremont street chelsea mass on january 11 2021 by a treasurer's deed recorded with the bristol county florida district registry of deeds in book 10413 page 277 here and after the weather the weathersfield d the weathersfield deed contained a development rider
1:06:08which was attached as exhibit a that set forth certain covenants and development time frames that were intended to run with the land here and after the writer on march 22 2022 glenn hathaway and i met with sarah letterman of weathersfield llc and her local council attorney arthur frank to discuss the status of the 158 bedford street project glenn hathaway as reference glenn hathaway is the building inspector for
1:06:39the city of fall river due to the coven 19 state of emergency the project had been delayed and weathersfield was seeking an amendment of the rider to adjust the development time frames at the march 22nd 2022 meeting weathersfield also discussed the need to obtain zoning relief relative to the parking requirement it was my opinion at that time it continues to be my opinion that the rider did not prevent
1:07:09weathersfield from seeking zoning relief since the fall of river zoning ordinance allows such relief and once granted the project is deemed to conform to the zoning ordinance after discussing this matter further with the mayor city administrator corporation council and building inspector it became clear that there was consensus that such zoning relief would allow the project to finally come to fruition
1:07:36at that time it was agreed that the development time frames in the rider would be amended once the zoning relief once the zoning relief was granted and that the number of proposed units would increase from 30 to 35 market rate units i it was also agreed by city and weathersfield that to remove any ambiguity as to the ability of weathersfield to apply for appropriate zoning relief to allow the
1:08:04redevelopment of 158 bedford street to be completed as it had been proposed when wethersfield deed was executed and recorded the language of paragraph 1b of the writer would be stricken and replaced with the following language so i guess this refers to this writer subsection b the grantees development and use of the premises shall conform to existing zoning restrictions of the grantor for
1:08:32the premises notwithstanding the previous sentence the grantee may apply for such zoning relief the building inspected deems appropriate or necessary to allow the project as described in section 1 subsection a hereof to be developed provided this language shall not be deemed a grant of such a zoning relief such development shall be completed within deadline set forth herein satisfaction of the foregoing
1:09:00requirement shall be evidenced by the issuance of a certificate of occupancy or a certificate of completion by the inspectional services department of the city of fall river wethersfield also increased the performance bond being held by the city by twenty five thousand dollars in light of the foregoing it is my opinion that the pro that the provided the that board is satisfied i think it
1:09:25should be in my opinion that is provided that the board is satisfied that a complete application has been received and that the requested zoning relief is appropriate the current language of paragraph 1b of the writer does not prevent the board from granting such zoning release please contact me at his telephone number if you have any questions very truly yours matthew j thomas as well
1:09:46so that was the response to that question that we asked so attorney thomas's statement says yes we have the authority he had nothing in the covenant that prohibited us from acting so attorney macy you have authority to tell us anything you want well i i mean yeah i understood that when we were last here and mr letterman let it very appear with me um that the plant was presented to the board showing um a perimeter of
1:10:24220 feet and 420 feet in terms of the number of points there was something yes okay yes so so that is part of the record already we'll make you part of the record tonight too how's that with respect to the question page two of what everybody what everyone should have right is the concentric circles that gives us the pocket with respect to the specific question now clearly appropriately before the boy
1:10:54um we're here seeking a special permit um to have fewer than the required number of protesters as i think it shows in our petition but it certainly shows on the uh plan there are eight option spaces that we can fit on this site six regular parking spaces and two handicap the site does not permit never permitted isn't amenable to any any further um parking we knew that you're constrained by the
1:11:34building itself and the by the building which is i don't know how many uh years old would we're constrained by uh the adjacent streets i i will suggest that uh the legend on the plan shows that within um 220 feet which isn't very far there are 45 parking spaces and within 420 feet there are 168 what i think is significant about the parking spaces that we counted and i believe i thought mr um
1:12:12was here and explained to the board that he physically counted those spaces but if you and i've been driving up and down those streets a number of those spaces are on street spaces number a number of them are needed but where they are is virtually i won't say virtually unused but from approximately ash street to ice cream there's on street parking on the will be the north side of the street
1:12:51it's almost never used as a matter of fact uh except for the one commercial um business uh there it probably won't be used because the two little tiny stores that never seem to be open and then there's the institutional use on the corner as you go north there's a row of parking meters nobody ever parked there and there's no reason for them to because there's nothing there continuing west on bedford street um
1:13:22probably down to purchase street there's very little use of on-street parking when you turn the corner and um go up purchase street it tends to get a little busy because you do have some restaurants there but i would submit to the board that in order to utilize this property and i don't think i need to go into the history of this property which frankly is to put it mildly tortured um
1:13:54and get it back on the rural road uh on and on the tax rolls also inject needed use and pedestrian use living people use in the downtown area i would suggest that it's entirely appropriate to grant the special permit we're asking for and interestingly enough the purpose or the what we need to satisfy uh for this board to uh give us a grant the special permit is that the use is either not inconsistent
1:14:34with public health or safety or disjunctive it's not both or that the reduction or modification promotes a public benefit and i suggest that injecting uh people into that area which is uh lack of a better word a little desolate at night is a is a benefit and more importantly um the uh further public benefit is we're getting this back on the tax roll with the responsible developer who has
1:15:10been vetted by the city council willing to live with all the city's restrictions and get that structure on the rolls useful preserving the historic facade which i think has been important in the past and i'm pretty sure is important now and uh frankly getting on with it we'll be happy uh mark and i will be happy to answer any questions you have um i i think this is i know we're here for zoning purposes
1:15:41but i think this is the opportunity for the city to get this uh structure which isn't going to last a whole lot longer i mean it requires a an extensive renovation which we will undertake everybody i think is aware of the asbestos problem which we'll remediate and um the city didn't sell us a pig in the pope we knew we were buying but by the same token it's a site constrained by itself the city couldn't have
1:16:12expanded um you know across the street or next door to make the lot or the building more palatable we're willing to develop it as we said we would but we certainly need this relief which i submit to the board is most appropriate so under 86 445 the special permit section is what the relief that we're getting the board has the authority to act on any parking or loading requirement set forth here in may may be
1:16:41reduced or modified upon the issuance of the special permit by the zoning board of appeals as you alluded to if the board finds that the issuance of a special permit the reduction or modification is not inconsistent with public health and safety or that the reduction or modification promotes a public benefit such cases might include a use of a common parking lot for separate uses having peak demands occurring at
1:17:11different times i don't know whether or not there is such a common parking lot in the area um i go by family services and i see their law and i just say let me just say mr chairman that we've reached out no no i'm not saying that you have you have it i'm just saying i ask about it and say yeah you know what's wrong with these people uh b age or other characteristics of occupants of
1:17:36the facility requiring parking which reduces order usage my understanding is the proposal is market rate units so i don't know whether or not there's any restriction on that so see peculiarities of the use which makes usual measurements of demand invalid uh d availability of on street parking or parking at nearby municipal facilities i know there's a municipal facility down the street
1:18:03there is some on-street parking and use of off-street parking so we've addressed the off-street parking eight of them uh the use of on-street parking it exists in the area up high street and down bedford street a little bit on purchase street so those are all the things for the board to consider you're constrained by the building and what's there i don't you want to do the 30 i guess it's going
1:18:31to go to 35 units according to attorney thomas right 35 market rate units increase from 30 to 35 so we the board has the authority based on if we find that the reduction of modification is not inconsistent with public health and safety or that the reduction of modification promotes a public benefit so that's something for us to consider uh dan i don't know if you have anything that you want to add about that yeah i
1:19:02think the league no i think the legal aspect of it was was resolved and they were afforded the ability is there anything else no we'd be happy to answer any questions but i think we've satisfied uh i think we've satisfied them you know i think that was just for the record there's a very extensive uh agreement between the city and and uh wethersfield as to when they're going to do things what they're going to do how
1:19:36they're going to do it and and i just well let me see if i can put this the right way i hope that this is the last best chance we have to rehabilitate that building because it's it's there now but uh it's structurally difficult okay is anyone here in favor of this petition yes sir you identify yourself please 263 pine street um the i'm on the board of directors of the preservation society
1:20:13of fall river i believe i've submitted a letter i'll do it i'm just gonna read it uh members of the zoning board of appeals the preservation society of foreign supported directors would like to express support for a special requirement to provide parking relief and ensure the redevelopment of the historic central police station at 158 bedford street is successful the circa 1915 building is a historic part
1:20:34of barbara's downtown and old central business district at one time representing an informal local government complex together with the central fire station and the former second district court in addition to the now demolished old city hall and federal post office and custom house its architect was edward corbett an 1899 derpy graduate with no formal design training corbett also designed the
1:20:56florida technical high school at 290 rock street currently still serving the city as the resiliency preparatory school as well as the second granite block also demolished given the construction of this building predated the advent of widespread automobiles it would be detrimental to the community to hold this historic building to the same parking regulations as modern new construction projects the
1:21:16preservation society's board of directors asked that special consideration be given to the special permanent request for the central police station so that it might continue to be a part of fall river's downtown legacy sincerely the preservation society of far from these 40 directors thank you and i think he submitted the vote i saw that yes thank you for doing that is there anyone else in favor of this
1:21:36petition yes ma'am i second that but my concern is apartments to 35 i just think it's a lot you know especially with the issue with the pocket that's all but the 30 to 35 was outside of the purview of this board the limited issue that this board has is just dealing with the pocket whatever the city has uh decided in terms of changing what the 30 to 35 i have no control this board has no
1:22:05control over that yes oh man can we have your name please for the records yeah you got that yes okay so that was all in favor anyone opposed no one opposed okay mr chairman i find that it meets both conditions uh not only one but both conditions that it is not inconsistent with public health and safety and that is the modification would promote a public benefit so i moved to the ground uh
1:22:42special permit okay jim carkins makes the motion that the board finds that the um the reduction or ma and or modification so it's reduction it's not inconsistent with public health and safety and that the reduction in modification or or modification promotes uh a public benefit okay so that's john hawkins motion do i have a second second second john frank any discussion on the motion
1:23:10hearing none ricky sadie yes dan dupaya yes john frank yes uh jim cawkins chairman assad yes okay so that special commit is granted good luck to you thank you very much thank you for appearing this evening attorney mason just thank you happy to be here and be aware so we'll give you this preservation society okay
1:23:43no we didn't do that no we're doing birthday
1:23:54thomas f burke 1769 robeson street lot r 4 15.
1:24:00a variance requirement to build an attached 22 by 24 garage edition waving side and rear yard setbacks in an s single family district good evening sir yeah yourself for the record tell us what you'd like to do uh thomas f brick 1769 robeson street florida mass what i'd like to do is just extend the current garage i have now just going backwards we're already it would go no wider i would just go back
1:24:3124 feet in the backyard so it wouldn't even be seen from the front of the house we've already got the the width uh it's i guess we're short a little bit on the side but that's been there forever anyway so we're not going to go any wider you're going to keep that same nine foot side yard between you and half the way funeral correct and the rear yard's going to go 11.4 feet
1:24:53correct yeah i got about 30 35 i guess it is yeah okay and it's just going to be garage it's not going to be any that's it's just going to be a garage that's it that's it okay john's probably going to ask you whether or not the roof line's going to be consistent with the current yeah okay yeah we're going no higher than aesthetics the way the roof is now it goes this way
1:25:22so it's just going to come off the back so when you're looking at it say from the street you're never going to even see it it's not going to be any higher than what it is single story it's not going any higher than what the one that said no no okay unfurl your storage space for vehicles lawn equipment etc okay is there anyone here in favor of this petition is there anyone here opposed to this petition
1:25:47members of the board any questions for this particular project 22 by 24 attached garage the record the variance that's um needed is going to be rear yard and side yard relief dan is there anything we should know about it that we're missing no okay coverage should be fire coverage plan says 25 25's required so should be fine chairman i move approval of the variance i'll say jim kawkins variance motion dan
1:26:22dupia ii any discussion on the motion hearing none ricky sahatti yes dan dupia yes john frank yes jim carkins yes jim aside yes good luck to you mr burke thank you thank you lord thank you very much thank you agenda item number five john martian 12 swordy pond avenue lot d22 ii special permit request to remove the pre-existing non-conforming structure from its existing foundation construct a new structure on the
1:26:59existing foundation and build an addition under 86 426 for a finding uh good evening john marchand i live at 12 saudi pond have here tonight to request a special permit under section 86 426 to allow the reconstruction reconstruction and alteration of an existing non-conforming single family structure 12 saudi pond ave is located on the southern end of fall river it's entirely in the single family s zoning district
1:27:43the existing structure is located 2.4 feet at its closest from the abutting property line i'd be looking to demolish the existing structure and reconstruct it along with an addition to the north and the west the addition portion of the the project would conform to current zoning requirements um and yeah that's be glad to answer any questions so you have this existing structure existing structure is going to get
1:28:22raised yes keeping the foundation from that foundation you're going to build this with proposed two-story addition uh 25 and uh 25.5 18 feet wide 46 feet wide and eight and a half feet off the which was showing up the existing structure to be removed and reconstructed upon the existing foundation proposed two-story addition that's what you're planning on doing uh yes that's the intention uh in my
1:28:50discussion with the building inspector he noted that he would like to see some kind of structural certification of the existing foundation so if it is deemed that repairs or replacement is necessary i'd like to be able to do that as well okay do you have to go to tibetan to get there yes yes the state line runs right through the western portion of the property and you have my recollection i just did
1:29:19some work around there there's no water uh you have a septic system and you have your well or a shared well somewhere in the area correct i should note that um the parcel to the south number 14 saudi pandav yes is is owned by my family as well so the party most i guess impacted by the non-conformity would be myself and my parents that must be your father back there he's handing his camp he's objecting
1:29:56no don't let mike nah he's fine uh you used so 86 425 is what you referenced i believe 426 426 not conforming single and two family structures and you reference section b in the event the building inspector determines that the non-conforming nature of such structure will be increased by the proposed reconstruction extension alteration or change the board of appeals may may by a finding which shall not require
1:30:25a super major is that where we're going with on this particular project which shall not require a super majority required by massachusetts general chapter 48 section 6 allow such reconstruction extension alteration or change where it determines that the proposed modification will not be substantially more detrimental to the neighborhood than the existing non-conforming structure okay um
1:30:52so i don't have i don't think i saw a letter from the building inspector on that point all let's see right did you get is there anything no just a signature on the denial as being appropriate to violent in that manner okay because i don't want to go through that process and then have it bounce back and say that we didn't uh i can offer that we had that discussion that this was
1:31:22the only thing i would want to make sure that the board's aware of is that um it may not be clear that the applicant has the ability when he's saying a two-story addition the reconstruction of the existing could potentially be two stories as well i don't want you to be only stuck to the one story correct over over the whole thing my reading of what the petition is fun everything goes foundation stays i want
1:31:48to do it too i want to explain and expand it yes but it has to be the the foundation needs to be certified to the building inspector and it's going to be site plan review correct i would think that and it doesn't affect if the foundation needs to be replaced if the foundation it'll be the same foundation same same footprint same for just a new one just to know any any building code compliant yeah
1:32:13yeah no i just want to be clear that i don't i don't want a building on rubble stone if no no if it's if it's found not to be save it great but if not i'd rather have 21st century technology your relief has no bearing on whether that company has to be safe right right so is there anybody here anything else you'd like to ask us to tell us thank
1:32:33you is there anyone here in favor of this petition yes sir my name is robert marchand john's my we were talking before about what they were talking about having family it's been a i've been there 35 years my brother-in-law lived in the house he recently passed away and my sister-in-law lives in the other house there's three of us on this compound so we want to have john back we can use some help cutting the grass
1:33:05okay if you want to make that a condition every other saturday okay members of the board you've heard the petition um do we want it and again it's um but we have a finding that says yes we can do it allow such reconstruction where it determines that the proposed modification will not be substantially more detrimental to the neighborhood than the existing non-conforming structure
1:33:35mr chairman i move approval we find that it is not more substantially detrimental to the area substantially more to the neighborhood than the existing non-conforming structure okay exactly second john frank um any discussion on the motion hearing none ricky sahady yes dan dupaya yes john frank yes jim calkins chairman assad yes okay thank you
1:34:13no the condition being site plan review and building integrity of the only things thank you thank you good luck citizen input there were some people that were here before that were looking uh there's nobody else here nope there's nobody we have proof of the minutes of the june 9 2022 and june 16 2022 meetings uh can i get a motion to waive the reading and adoption of the minutes as prepared ricky sahara
1:34:51second on that motion second dan duper any discussion on the motion hearing none ricky sahady yes dan dupay yes john frank yes uh jim cawkins chairman assad yes any other business that we need to talk about before we adjourn can i get a motion to adjourn motion motion to adjourn dan du pierre second second ricky sahara any discussion on the motion hearing none ricky sahara yes dan dupia john frank yes jim carkins
1:35:19chairman aside yes the zoning board of appeals for july 21st 2022 is hereby closed thank you thank you