8.15.2024 Zoning Board of Appeals

tin good evening I am Joseph Pereira chairman of the zoning board of appeals for the city of Fall River it is 6: pm.

on Thursday August 15th 2024 we are meeting in one government center in the first floor hearing room person went to Massachusetts General Law chapter 30A section 20 subsection F I hereby notify all persons and attendance that this meeting is being recorded Ed with both video and audio devices by Fall River government TV Craig Salvador Rec recording both video and audio versions if anyone desires to make an

audio video or combination recording thereof please notify me and I shall make an announcement to the public of your intention they're hearing none our recording secretary this evening is Nina kruer sitting to my immediate right present this evening are permanent members John Frank uh who's our vice chairman James Caulkins our clerk Dan dear uh and also seated this evening is Alter uh alternate member Eric

Kelly uh with us also this evening is uh Mr Dan agar said it to my far left he is the director of engineering and planning Nina have all petitions to be considered been properly advertised and all interested parties notified in accordance with the rules and regulations of the zba and Massachusetts General law 4A as amended yes I hereby declare the August 15th 2024 regularly scheduled meeting of the zoning board of

appeals of the city of Fall River open for all such business as shall regularly come before it I remind all persons presenting before the board including petitioners abutters anyone in support or any anyone opposed to a petition that your presentation be limited to three minutes questions and responses must be directed through the chair the board's rules and regulations direct the board

to specifically look for information which supports the petitioner's claim as such a petitioner should identify and factually support the basis for the petition I hereby advise the petitioners and all interested persons that this is the zoning board of appeals the board's Authority exists persuant to Mass 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 Andor approvals may be required for the specific development Andor use 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 attorneys and not

competent to give legal advice the actions taken by this board have a real and Lasting effect upon the title to 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 25 15-11 section 10-1 requiring site plan review a copy of the ordin 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 have uh been directed here this evening because the plan the building inspector has determined that your proposed action is contrary to the city of Fall Rivers zoning ordinances the city Charter section 9 -8 mandates that all multiple member boards develop and adopt rules or

policies for public comment we have adopted such a policy which in short provides for Citizens input on zoning board specific matters at the end of this meeting there is a signup sheet at the table outside the uh the doors to this room I disclose that the official copy of the city of Fall River zoning ordinance is available at the city clerk's office and that one cannot rely on the online zoning

ordinance thank you and welcome everyone here this evening let's Jump Right In we have a very crowded agenda uh old business item number 0 01 Jason Cody care of uh Peter a Attorney Peter acelino 105 Pitman street map j19 lot 65 the applicant seeks a special permit to add three residential units to the existing four unit apartment building the applicant oil seeks a special permit to maintain the existing off street

parking layout modified side uh I'm sorry modified aisle width and number of spaces required the applicant also seeks a special permit to increase the pre-existing non-conforming lot coverage from 40% to 82% Additionally the petitioner seeks a variance to reduce the uh minimum front and rear uh setbacks from 30 ft to 10 ft the minimum sidey setbacks from 20 ft to 14 ft and an A2 apartment zoning

District per submitted plans uh this is item was table from the July 18th meeting until this evening Council good evening correct good evening my name is Peter selino I represent the petitioner Jason Cody in this matter uh we appeared before the board on July 18th we heard the board's comments took them seriously and as Mr perea just read into the record record the prior requests for Relief were much

more significant than the plan that's before you uh so to highlight the changes I'd like to draw the board's attention that number one we've gone to a duplex uh concept as opposed to a Triplex what that's done I think for this project is to eliminate the questions of site circulation and aisle width within the parcel um the impervious area has been lowered from that what you just read and the proposal

right now is 60% down from what it was uh last meeting and that's again as a result of removing the parking area behind the proposed addition the proposed addition in the duplex style uh provides for three off street parking spaces for each unit uh one garage space under each unit as well as two off street parking spaces and asphalt driveways um in addition to the setback has been improved uh we're now asking

for a 12-ft waiver um so I think the front yard would be Pitman Street and so when you look at the rear yard being Alden Street uh the the dimension shown by Mr tomman is 18 ft the requirement in the district is um 30 ft so as a result uh really where we're at right now is I think we've eliminated the traffic flow concerns we've bettered the questions surrounding the impervious area um we

have reduced the number of units and our density we've provided sufficient off street parking to support the proposal um so I would submit to the board that this Plan before you is entirely responsive to the questions voiced last time and I'm happy to answer any further questions about the new design Mr tolman's also here to answer any questions that the board should have okay thank you very much uh so as I

understand it rather than the parking layout that we had previously now we've got the parking for the duplexes either under or in front of each of the duplex un that is correct yes so there's three for each one yes there are two in the driveway and then one under in the garage okay so parking has not changed for the other units at this point the other units on the property that is correct Peter two additional parking

spaces have been added okay so that is incor I am Incorrect and okay Jeff do you want Jeff just please identify yourself with the record Jeff pman Northeast engineers and Consultants there are two uh parking spots that run par parallel to Marino Street um labeled with a darker one than the existing one um one to the uh I guess East and one to towards the West um the one to the West would

basically be uh slightly adjacent to the deck of the new uh structure being constructed and then the uh the other ones further up near the walkway to the existing structure so it's parallel parking on the other side of the sidewalk correct questions from the board so how many how many parking places are we looking at here I I see 1114 so do have yeah you have um four well six exterior and two interior in

the garages uh for the existing structure and then six more um two in the driveways and one in the garages for the new structure so where you have four in a circle where it says existing concrete driveway I only see three spaces there three in a row and then there's one under the existing roof it's kind of Stack paring but is an existing condition that does exist and the garage is not going to be used for

parking underneath no this is the one that I was missing uh my client's indicating yes Mr per the garage can house a car can but is it designated for for one of the apartments to use that garage yeah okay how many spaces will we lose on alen street with the creation of those two driveway Zer zero there's no pocket on that side no we and we are creating one new on uh Street Parking Spot Marino

Street uh where we're installing this existing curve cut we're putting in curing fill that in okay any other questions I mean for me it's a lot thanks for getting rid of the pergola by the way it was too cute jiujitsu understood okay anyone else so we have eight for the four correct all right okay I got them and then three for the new two each six yes yeah six total what's the unit size on the uh

four family meaning how many bedrooms are the unit just go over that J there um the in the front is three bedrooms meaning facing Pitman street so like up here yeah uh three bedrooms okay uh the top one has four and the one underneath it has one okay one so two three bedrooms one four bedroom and one one bedroom yeah okay eight bedrooms eight parking spaces miraculous it's like one of them closet

that existing condition

now thank you Jeff is that it from the board right now I'm going to go to the general public is there anyone here this evening that wishes to speak on behalf or in support of this application Mr chairman M of the board David ass 326 P Street for River uh I'm familiar with this particular project um only because I done the title for Mr uh Cody um the situation attorney selino

has done a good job outlining what the reasons for the variance of special perit uh this part of the history of it is this was once in Dairy there was a bond the bonds down you've got some undeveloped land on the property this has been the ancestral home for Mr Cody uh and his family for many years uh the addition of these two units now uh would be using some of the that was being left

undeveloped and vacant it's in the A2 District which is always a very nuanced District in the area there are no uh conforming lots that exist uh and it's required uh for anyone looking to develop their property to come before the board to seek relief um and maybe this is uh one of the reasons why the A2 District should maybe be brought before the planning board and the city council to get uh maybe have it developed a

little bit more but in terms of this particular project and where it's situated I would submit that it's not an unreasonable request for this board to Grant relief thank you thank you very much anyone else wishing to speak in favor of the uh petition is there anyone here this evening that wishes to speak in opposition to this petition they hearing none I turn back to the board Mr chairman I find that there's

been substantial improvement from the previously submitted proposal and you find that uh it would not be substantially more detrimental to the area Mo appr you packaging them both together yes okay so there is a uh if everybody could please silence their cell phones thank you um I'm sure I didn't silence mine so I'll do that in a minute you just reminded me um so the motion is that it is not substantially more

detrimental to the neighborhood and uh also moving for approval do we have a second on that second a motion and a second discussion on the motion here the only thing I would amend I would like to amend is no further subdivision are you uh amendable to that complely re friendly uh yeah definitely I don't know and the applicant is as well just for the record okay very good and on the second we're

we're good with that y okay very good then on the motion John Frank yes Jim cins yes Dan deir yes Eric Kelly yes chairman Pera yes thank you thank you for the work on this thank you for the changes isn't there a variance just for what's that I thought that was just for the special what about the variance it was for the special permit was for the special permit sit down sorry just got

to come back come on back I didn't I don't think no you can't I thought you didn't both together that's what you asked him thought the question was they bothus V the arated vote on the special permit variant stands by itself existing nonconforming structure but they want to gr okay then on the variance what are our wishes and mo approval do we need more approval on that no no review move

to approve the variance which is in red which is I think it's on the variance that we need no further subdivision either way we can uh we can move it either way uh reduction so that's reduction in uh minimum front and rear setback from 30t to 10 ft which actually I thought came down to he per plan per plan that description is from the first plan from the first here yeah correct in

accordance with the plan we have a second on that motion second very good with a second on the motion no discussion then on the motion John Frank yes Jim Caulkins yes Dan de yes Eric Kelly yes chairman Prairie yes thank you all I'll see you later thank you new business item number one storage capap Fall River uh Plymouth LP care of attorney uh Thomas P lurin 288 Plymouth Avenue map I 19 lot 9 the applicant

seeks a variance to allow the use of uh open area in the rear of the property for open storage of Motor Vehicles boats RVs campers and to allow the petitioner to lease a portion of the outdoor storage area to an abutter the applicant also seeks a special permit to remove the existing parking spaces within the rear of the property per submitted plans the applicant is also seeking a special

permit to erect a 44 squ ft wall sign on the north side of the building first went to 86- 451 in3 and 86- 454 Additionally the petitioner seeks a special permit to Wave parking requirements the property is located in an MD medical zoning District good evening good evening Mr chairman uh members of the board attorney Thomas Kor on behalf of the applicant with me tonight is Ira hatz one of the uh owners

of the property as this board may recall we were before you in I think the fall of 2021 uh where we uh secured a variance to convert the existing structure uh to indoor climate controlled storage facility um this is in a Medical District uh storage is not in in a excuse me in a use that is allowed as a matter of right and that was the reason for the requested variants um I'm sure

most of you or all of you are familiar with this property it was the property that used to have laser gate and a number of different businesses in there it it was fairly rund down um tired to say the least um the new owners came in uh invested a substantial sum of money in the property and I would suggest to the board did a tremendous job cleaning this property up and um so that it's no

longer an Isa and I would suggest as an asset to the city uh we're here before the board tonight because we want to expand uh for three reasons one to expand the storage use uh currently it's it's all interior storage um there are two plans I think the plan that's before you may be the one for the for the sign um but there's an area in the what I'll

call the rear of the property or on the easterly side of the property uh that we're looking to repurpose um some unused parking spaces or traditionally typically unused parking spaces for purposes of outdoor storage if I can stop you for one minute Nina can you put up the second plan it shows that the areas that they're changing sheet two if it's in there makes it a little bit easier to understand

that that area going to be fed right it already is it already is okay there where it's the purple one which one you yeah there's a second sheet to it that explains which areas they want to change it's a little bit yeah I'm not seeing it you guys have it on your iPads okay you got to scroll up I think if you look at the same image but just Scroll once you're looking at the original one

yeah I think the board can see it on there on their plants

if we if if we can't n we'll just have the petitioner pointed out in case anybody in the audience is is interested as long as you can all see it on your iPads for now I think we're okay but we should get it up at some point or if anybody wants to look at it they can come up yeah you got the you got the PLL size there yeah okay go ahead Council you want me to

proceed yes please Mr chairman thank you so again to the um guess that figure out exactly which direction but on the on the rear of the existing building um there is it's identified as as area B on the plan um and and that's the area that's being proposed for outdoor storage to be utilized by the existing storage facility on this is already fenced off and secured there's outdoor

cameras similar to when you gain access into the building people will use like a keypad or or or a uh like a badge to get in so they know everybody that comes in and out of the property again it's it's on surveillance uh 24 hours a day 7 days per week again these parking spaces and the parking really for a use like this there's really not a high demand so this

has kind of been a open or or dead space um for the um for the applicant and they would obviously like to make the best and use best and fullest use of their property and then on the plan um I can see it's up on the screen now that's labeled as a uh this is situated to the rear of the ABC Supply building and this has been an area that ABC Supply has

stored um materials for uh quite a number of years um the applicant actually leases this to ABC Supply but again once we were coming in for for this requested releas we realize that again this is probably constitute outdoor storage by ABC on the applicant's property um so we're asking for uh the variant as well to allow that ongoing uh outdoor storage that's been there for a considerable period of time

so that's the variance relief uh that we're requesting I would suggest uh to this board um that this is not something that would be detrimental uh to the neighborhood this is a highly commercial kind of industrialized area it's abutted on one side by one 95 on the proposed uh outdoor storage area to be utilized by the applicant is pretty much screened from surrounding streets and businesses

you maybe if you rent your neck as you're driving by 195 um heading headed towards the cape if you rent your neck to the right you may see it very quickly um but I would suggest that this isn't going to be something that is going to be visible um from the surrounding neighborhood and people out on the on the streets uh because we would be repurposing uh these parking bases for

the outdoor storage um the we no longer comply with the parking requirements um per the bylaw again I would suggest to the board that the parking that's would be left over is certainly more than adequate uh for this proposed use I think if you ever go buy this property at any time of day you would see that there are a number of parking spaces um that that remain vacant um and losing these or repurposing these parking

spaces would not be um cause any kind of Det DET to the use at the property and certainly would not impact any of the neighboring properties and then last special permit that we're asking for is for the construction of a sign on the uh Northerly side of the building out um that faces out along Route 195 um if the board may recall there were a number of signs that were on this

building it was kind of littered along one of its faces uh for a number of years um one of the things that this uh applicant once they took over this property was committed to is cleaning up uh this property this is an image of the property U before they took over so they have a sign uh that currently faces out at Plymouth Avenue and they want to add this additional sign along um

195 um which again we would suggest uh certainly is not um going to have any kind of uh negative impact around on the surrounding neighborhood I do have some older images as well um of the property uh if the board would like me to share these with you just so you can kind of refresh your recollection as to what this property looked like uh before the applicant um sh a few ones before the applicant

took over um you'll see that in some of these photographs um you can see that there were some trailers parked along the rear of the property all of that has been cleaned up um again there's been significant work that's been undertaken by the applicant I know these pictures I passed out are all different people just want to pass them down but again I was guest to the board that um the current

owners um are operating a first class business they've like I said they've invested substantial sum of money in this property um and they are just uh asking for some further relief which we would suggest um certainly is not going to be a detriment at all and I would suggest would be an asset to the city to provide its residents um with a place a secure place where they can store um you

know recreational vehicles boats things of that nature um outside again in a secure facility obviously if the board has any questions I'd be happy to answer them um my my first question is the obvious one how would you characterize your hardship for the variant uh in this I think we have again this is a use variance right so I'm not necessarily looking for um relief based on shape soil conditions of

topography I mean we're asking for a use to be allowed that's not allowed as a matter of right which this zoning board certainly um has the right to Grant if you take a look at the surrounding neighborhood here where we've got you know a a building supply company um you know fast food restaurant um a lot of what I would call quasi kind of industrial commercial uses surrounding this property I think what's being

proposed is very much in tune with the surrounding neighborhood and again you've got the highway that abuts along a significant portion of this property um I I think a literal interpretation or a literal enforcement of the bylaw um would deprive this applicant of the best in use uh best and highest use of the property okay any other questions from the board comments got lead you with 33 spaces still the 21 and the

12 forgive I did have that Mr cins and I meant to uh yeah so so it shows um 98 spaces would be required um and 61 spaces um no forgive me we don't we going to have total 98 this is uh how many we currently have no that's propose so there were 98 existing spaces right and um at the time we did oh I see yeah you're getting rid of

2413 I think that's all I see yeah the plan says spaces to be removed I see 24 approximately yeah well either approximately or well no I I I don't have that in front of me yeah so I mean the spaces that are being showed is being removed about 21 12 um those are new spaces the 21 and the 12 right those are going to be the storage spaces and then there's 13 that are being

removed well you're looking at for that let me ask this since you're talking about storing RVs boats Etc how large are these parking spaces are you just keeping the same spaces and we enlarged them for certain Vehicles some are 10 ft wide some are longer yeah we're not we're limiting it to uh certain vehicles to fit in certain spaces can't put a motor home in an 8ft space so yeah in in the parking

calculation Mr chairman it does show um 61 9 by8 UM there were some 10 x 25 spaces those are the 20 and the new ones to the ones that are being added the 25 spaces and the 12 spaces this 25 that are 10 x 25 and 12 that are 10 by 20 sorry I missed a little bit of what he asked you about uh uh intent to what to be stored outside you said

RVs right yes RVs RVs um boats um it's most going to be like a vehicle storage um that's often times too large or and for people's yards or often it might violate you know home owner association all registered and Sh Vehicles okay well that's why I'm asking it doesn't say that yes vs will be on stands or trailers yes trailers yes trailers yeah that's an important question so strictly on trailers you're

not going to allow on standand parking people aren't going to be able to yeah no working on vehicles no no well I know that's what you yeah that doesn't mean somebody's not going to go do it right right I mean I think you know uh the Rob what you've seen what I've done I always do what I say I'm going to do and no there's no construction no working in the back nothing like that

nobody living there no in fact no let me tell you I was told today by Carter that the place has been awesome and um you know it takes a while to clean out everything we don't have any uh no issues anymore and the police by the way have been going through our buildings uh our parking lot daily so it's been really good and I know that's an issue that's happened at a number of self

storage facilities and and this is something I had discussed with uh IRA and his partner when they they um they reached back out to me about this plan and that was something we discussed and and they're extremely Vigilant on that and they do not allow that to occur okay any other questions from the board before we go to the public just a couple other questions if I could ask so a maximum total of 36 Vehicles is

what you're proposing correct okay only parked within the designated spaces only within that designated area nothing on St nothing to exceed the length of the space correct correct yeah we got to make sure we keep that lineup travel clear in case people need to get their vehicles in hour you've got I mean there's a 43t aisle WID um I was never good at backing up TR myself so I I wouldn't attempt it

but it can get tight I guess but they know what they're doing they should be okay and the least space to ABC is going to be where so that's where designated as the area that's shown as a so that's already your property okay that that is their property that's something that ABC has been utilizing for um is it only accessed through ABC's property or will it be accessed as well through here no

it's fenced in and only open is off of ABC and then how about that existing brick building I know that's still been floating around with how that gets used we're not have no plans in the future to use that building it's um it's not in good shape okay um you just you just said 30 no hang on you just said 36 spaces I'm counting 21 12 and three oh yeah the three over there

okay missed the maybe I'm missing one because the the parking schedule says 25 so right 21+ 3 is 24 + 12 oh sorry there's that one space I said it next to the brick building which is outside the gate oh yeah no it's building theate so sorry 37 spaces correct yeah 37 spaces talk to us about the sign please that's a separate so there was a there was a detail that was submitted um

showing what the sign is going to look like um it's it's just store space with the lock is it basically the same as the sign that's on the front of the building identical and it falls within that already okay that's already Square that's already there non Alum nonilluminated I mean uh LED it's not a it's not a message board doesn't switch no it's not a message Bo does not switch

um right the same that's on the on what I'll call the front of the building okay anyone here in the audience this evening to speak in favor of this petition anyone to speak in opposition all right I'm doing three things at once we would in allowed sizing for that SI it's a total of 44 square feet correct why we have it yes 404 Square ft on the

sign but isn't that the reason we have it as a variance it's not a variance any any any sign can be waved by a special permit it's special permit the only Varian is is in regard to use uh as the property as a storage facility and as the previous use the previous relief restricted the use to only that restricted you have to anything would require so we have a special permit which is an odd one to

reduce the size of the parking which is parking that becomes kind of an odd one doesn't you can handle it because you can handle it in the variants we're we're flipping it one way or the other we're taking away parking spaces that are available for customers but the people who are storing are customers right right yeah you have over 60 parking places and how many storage units are there inside that 300 we get

about 20 people a day yeah and that's throughout the whole day yeah I don't think there's a issue with 60 spaces for the interior use of that building okay but we haven't heard from the audience yet so no we've gone to the audience oh we did okay you only favorable did so is this he he did ask if there was anyone opposed as well my hearing be on the safe side did I miss somebody in

favor I don't think so any anyone against speak now forever hold your piece you going to be a JP now or Tommy has parcel a ever been contemplated to subdivide and convey to ABC or they just not interested in buying or they not interested in selling I don't I don't think that they've had those discussions um I don't I don't think it's something that they're interested in doing again I they don't

know you know if something happened to ABC they move down maybe they would have some use for that property at that point I think they would like to retain that they least their building they don't own the building oh all right but but understand then that the use of parcel a will be specific to ABC Supply understood not not understood they've been there for 20 something years they have no plans of moving

out that's why I'm surprised that they didn't because they did acquire the piece of cross L they own that one so that's why I'm surprised they would want to apply this one all right this is um three we're looking at three separate votes here three separate votes all right Mr chairman I'll make a motion to uh Grant the uh special permit for the relief from parking and that it is not is not more

detrimental to the neighborhood thank you second we have motion and second discussion on the motion they hearing none Eric Kelly yes Dana yes Jim ckins John Frank yes and chairman Prairie yes I'll also make a motion for the special permit to allow for the sign 400 44 square foot sign as uh shown on the plan received on July 8th 2024 in compliance with all subsection 864 51 um that's okay I'll second motion and a

second discussion on the motion they're hearing none Eric Kelly yes Danier yes Jim Parkins John Frank yes chairman Prairie yes that leaves us with the variance and as far as the variants go I will make a motion to Grant the variance for outdoor storage with the conditions that we discussed no more than 37 spaces in the back all vehicles to fit within the but I know Vehicles the right word but all units

all U items to be stored back stor no hang on they are Vehicles you got a boat on a trailer you've got an RV camper that type of thing they're Vehicles because if we open it up register thing you know there's going to be pallets pallets of stuff back there not going to put a shed on the trailer back this is on this is on parcel B it's called a micro house oh parcel B

yep no exterior work to be done on vehicles on site mhm no residences within vehicles on site there's no no residential use at all on this um and parcel a will only be conveyed and leased to ABC Supply any change in that would have to come back in front of us fair enough fair enough fair enough I'll second that's a motion with a second discussion on that we get it

all John Frank yes Jim cofins D deer yes Eric Kelly yes chairman Pereira yes great thank you very much gentlemen than you Council thank you very very much have a good trip back to Wendy City hope sorry you ah item number two gab Ramy I hope I pronounced it correctly cab care of attorney David M Assad I remember that name 412 uh 412 612 614 Alden Street map j28 lot uh J2 yeah j20 lot 59 applicant

seeks a variant special permit to develop two single bedroom apartments above a pre-existing non-conforming garage the existing Forstall garage will be utilized for rental or vehicle storage purposes Additionally the petition is requesting a special permit to Wave parking requirements uh one parking space per unit will be added to the existing four uh four parking spaces designated for

the four family building located on the lot the property is situated in an A2 apartment zoning District good evening good evening Mr chairman members of the board I'm David Assad I'm an attorney licensed to practice in the Commonwealth of Massachusetts I maintain offices at 326 Pine Street in the city of Fall River uh what I have in my possession this evening is a request to table this

matter to the next meeting even though in my petition numbered paragraph 7 I said Grant such other relief whether by way of variance of special permit that may be required or determined to be necessary after my discussions today uh which with Dan Agia that brought some items to my attention that I was unaware of when we filed the variants I think it may be better for me to clean up uh the

petition and the plan itself and come back in the September meeting to give you a uh complete comprehensive uh and better presentation uh so in that I have this request to table and I also have in that request uh the owner requests that the board exercise its authority to wave the fee for table so unless you don't want to table it then we'll go forward with it but um

in that I reserve that right uh to ask for additional um uh special permits or variances that may be required to go forward members of the board I have a problem tbling it I'll make a motion to table that's September 19th to September 19th two separate votes you can take it as two separate votes vote to table and then regarding the fee I'll second I'll second the table vote all

right on the tabling uh John Frank yes Jim cins Dan deir yes Eric Kelly yes and chairman Prairie yes and then on the waving of the fee I I'll make a motion to deny waving okay do we have a second on that motion second okay second so a yes vote on this motion will be a denial of the waving of the fee there therefore on the motion uh Eric Kelly yes Dan dear yes Jim ckins

yes John Frank yes and chairman Prairie yes thank you we will make the fee payable tomorrow if that's acceptable to the board certainly thank you thank you Mr chairman thank you members of the board thank you madam querk item number three Northern Star LLC care of attorney Arthur D Frank Jr 161 robway map z03 lot 113 the applicant seeks a variance to construct a 9,000 ft manufacturing warehouse facility waving

lot coverage front side and rear setback requirements in an IP Industrial Park zoning District Additionally the petitioner requesting a special permit to Wave parking requirements for manufacturing thank you Mr chair members of the board director agar Madam clerk for the record my name is Arthur Frank I'm a lawyer with addresses at 209 Bedford Street for Massachusetts and I represent Northern Star

LLC uh the client has owned this parcel for quite some time and they've come up with a plan to build a 19,000 squ foot facility uh at this point they foresee that they they will use it either for uh manufacturing or warehousing and that's that's going to take into account the parking uh they're looking to wave lot coverage and the setbacks in the industrial park district uh one of the

reasons that they need the variance is is that this has proved to be a problematic piece uh the client has told us that they've had some topographical issues uh but they've come up with this plan and uh they'll need some they'll also need the the parking waiver from 38 spots to 32 spots the lot coverage would go from Maximum of 70 to 82 now if they it's interesting enough if they if it

becomes a warehouse then I believe they only need I think it's 11 space CU you need you need um one for every 1500 ft up to 15,000 so it's a big it's a big change in the parking and I think that satisfies paragraph C of section 86445 if there was a peculiarity of the use which makes usual measures of demand invalid so if they went to warehousing they wouldn't need even the 32 spots

they would only really need 11 spots but we're obviously going to be looking for the highest and best tenant for that spot and if it does become a manufacturing center the code tells us we need 38 but we only can fit 32 on the lot not knowing what the usel is going to be exactly how did they arrive at the 19,000 square fet is that just client tells us that when they uh ran the

numbers for a facility that could in fact afford all of the amenities and turn a profit that's the size of the building they came up with uh it's not quite an industry standard but uh that's the most economically feasible building they could put on that site Mr chairman I'll offer that the the topography to the to the west of this site precludes this building from getting any closer to the Western

familiar with it yep you P closer to toway as well mhm the only relief with regards to building on the North side um is for the loading dock area so really the meat of the setback requirement would really be to robway which is an odd extension of existing robway which was a culdesac it wraps up with another T type of a roadway so it's a pretty odd roadway layout it is but I

I think the 19,000 about is about as big as you could get with with the topography in the shape of this yep familiar with the lot this is not the same lot that we just approve the this is directly adjacent directly north of the uh battery storage battery storage yeah all right kind of about in no man's land within the industrial park yeah I honestly until I went out there to look

at the battery storage site really wasn't even familiar with this corner of the industrial park so um that being the case any other question questions from the board at this point questions observations I turn to the general public is there anyone here this evening to speak in support of this petition yes excuse me for the record my name is Ken foler I'm the Executive Vice President of Bristol County EVC uh good

evening Mr chair members of the board I'd like to uh voice my support uh for this particular project it's especially uh important he from an economic development standpoint is the construction of this 19,000 ft facility as you may or may not know the city is quickly running out of available land and available space for businesses to expand in and the the construction of this building will certainly meet some

additional demand for small businesses that could use of in the need of Ware housing or manufacturing space as uh correctly noted by both Mr a young the chairman this is a lot of land that's uh challenged geographically by wetlands and by by uh slope and it is Abed directly to the north by the electric uh battery facility which was previously approved by this board so the fact that

robway has gone undeveloped for probably close to 15 or 20 years since it was initially Construction in the past 90 days you have two proposals that have come forward uh and actually have exhibited their abil ility to be developed on challenging Apostles of land if everybody had their DRS to' be developing other pieces of land but now we're trying to make some of these more challenging pieces of land work and I

think this is a perfect use for that and I'm sure the business Community will um be very receptive to its construction as well as its utilization thank you very good thank you Ken anyone else to speak in favor is there anyone here this evening that wishes to speak in opposition to the petition very good uh then I turn back to the board I will say that um I completely agree that this is a perfect

case of uh topography shape of lot Etc driving the uh driving the um design um this is if if you got by there you know this is this is an odd piece of property so we have for in front of us the variants uh for coverage uh side and rear setbacks and we have a special permit for reduction in number of parking spaces by six according to what's required Mr chairman would take the special permit I

don't find it substantially more detrimental and I move approval of the variant to reduce the number of parking spaces we going to wrap them all together and I also find that the it's not a variance of the reduction of parking spaces just do the special permit for the special permit first by I'll second that which you do okay to the special per minut is not more detrimental to the neighborhood uh and to approve the

special permit and reduction of parking comments they're hearing none Eric Kelly yes Dan deir yes Jim ckins yes John Frank yes chairman Prairie yes that leaves us with the variant that's chairman I move that we Grant the variance in accordance with the plan as submitted very good motion do we have a second I I'll second that with the amendment of just uh no further reduction in parking keeping it at the

32 even if the it's fine use changes absolutely or use is different than one thank you that's my move very good second any other uh any other comments they're hearing none John Frank yes Jim ckins yes Dana yes Eric Kelly yes chairman perie yes thank you Council item number four agama D Souza 384th street map I-15 lot 51 the applicant seeks a variance to create a mixed use building with four residential

units uh and an auto Sal showroom the applicant also proposes a second story addition waving zoning requirements in an A2 apartment zoning District the applicant present he did call me right before the meeting and say that he was driving from Boston he said that his ETA was 6:30 though push him off to the end yeah we'll move him to the end not when he gets here the end the end everybody who's here uh item number

five Lena St lent k uh Jeffrey P tman 163 L Force street map E10 lot 18 the applicant is Seeking a special permit to construct a 10x1 foot Edition at the rear of the pre-existing non-conforming single family dwelling person to 86 426b waving lot coverage in an R8 single family zoning District per submitted plans good evening for the record my name is Jeff Colman from Northeast engineers and Consultants here

representing Lena St La the petitioner of the special perit application uh this property is located on the west side of lfor street um between ases and lton um it's zoned in the single family R8 zoning District uh the lot itself is exist in non-conforming uh due to Frontage as 60 ft of Frontage as opposed to the 80 that's it's required to have and it has uh 6,000 s ft as opposed to

the 8,000 squ ft that it's required to have uh there are three non-conforming structures on the property number 161 and 169 are single family dwellings uh located at the front of the property and number 163 is a three- family dwelling located at the rear of the property um what the petitioner is looking to do here is simply to build a 10x10 addition on the southwest corner of number

169 um L Force Street um would be at the uh again at the southwest corner um and it would maintain the existing foot side yard setback uh that that existing structure has um the addition would result in a 100t increase in a lot coverage on the site uh thereby raising it uh by 2% from uh 51% which is at now to 53 overall uh so with that I'd be happy to answer any questions that the

board might have what the 10x10 addition going to be I I think it's just uh I'm not 100% sure I think it's just just um additional like kitchen area off the back of the house uh I don't believe it's an extra bedroom or um I I really haven't been told it's just additional space in the house though you can condition it to be no additional bedrooms is is that parking

now there is none there is none right no parking for this no looking from the sky it looks like that might be here this is where we're talking yeah but they don't own this lot they don't own that driveway lot lines here ah yeah they may maybe somebody comes in that way to park but lot lines right up against the house yeah okay sneak in okay well it's crowded now I I have no

questions on it at this point anyone else turn to the general public please anyone here wishing to speak in favor of this petition anyone wishing to speak in opposition to this petition it's a quiet one anything from engineering planning no I mean I would not um I would just offer no additional bedrooms and potentially no for the subdivision yeah as this is getting more and more

crowded I don't I don't think you would be able to do it with the special permit anyway because it would no longer be an existing structure because they're extending it so I don't think 86 423b would apply I don't know what year these homes were built in but I would just consider probably turn to the century a little bit after just judging by the houses they have no parking they're not

adding parking they're not losing parking so okay okay uh to the board it's all as a variance Jeff right that's the way you put it uh special Prim special not a variance says the ad says variance no no it doesn't I'm reading oh I'm sorry I'm reading the wrong one I'm reading L Street see you're fine you see too many of these okay I make a motion to Grant the special

permit with the condition that uh no additional bedrooms being added and no further subdivision of that lot good that's the motion do we have a second second have a motion and a second any discussion on the motion there hearing none on the motion John Frank yes Jim Caulkins yes Dan dear yes Eric Kelly yes and chairman Prairie yes thank you item number six Ruben Olivera care of Jeffrey P tman 528 High Street map o

O2 o uh lot three the petitioner is Seeking a special permit to increase the pre-ex existing non-conforming lot coverage from 48 to 78% in an r42 family zoning District per submitted plans Jeffrey for the record Jeff Tolman from uh Northeast engineers and Consultants here representing Ruben alera the applicant for the special permit it's before you uh location of the property is 528 High Street it's on

the west side of High Street between Prospect and maple um it's zone two family uh for zoning District the existing uh old Victorian style single family dwelling on the property um there's a combination concrete asphalt driveway located on a existing driveway located on the north side of that uh dwelling and also a inground pool with a concrete patio apron surrounding it at the rear of the

property um simply what we're looking to do is to remove the existing driveway um the front walkway and the concrete apron patio around the existing pool keeping the pool in place and we're going to install a new paer driveway uh to be located on the South Side uh of the existing dwelling and also extend those papers around to uh connect to a patio apron around the uh the pool uh the

other addition that we have on here which does not require relief is we are proposing to construct a uh 8X 25 ft 200 foot accessory structure uh which would be on the northwest corner of the property um and the reason um we're here is I mean we are proposing to use papers but um you know there are different types of papers some are considered perious some impervious um even the impervious ones

you do get some drainage that goes through them uh so it may look like a substantial increase in lot coverage but in fact we're um eliminating uh entirely imperious material and we're bringing in replacing it with material that will will have some uh benefit but the uh the owner didn't want to be restricted as the type of pavers that he was looking to use on the property so that's why we're here tonight before

you okay I have a couple of questions um one I'm going to direct to planning engineering regarding the use of pavers I do see that as better as solid asphalt but so the way the building department interprets lot coverage so the definition of impervious MH means impervious right you can't it's not percent impervious it's either impervious or it's not so the building inspector has looked at pavers in

general as not qualifying as impervious as Jeff stated there are different levels of pavers there are some that are labeled porest papers that are the same as being grass there are some that are just regular let's say bricks for instance that there is some joint and some sand sometimes that joint and sand is concrete or M and that would render it to be impervious so um Mr tomman is is

proposing it I believe Without Really diving into the numbers the pavers you're take you're you're accounting for all of it as being as being imperious yeah okay so he's technically not asking for you you to to make the interpretation that the pavers are pervious and you are removing between the existing concrete driveway and the northeast corner of the correct okay yes now talk to me about the building you're

saying you don't need relief for this building we're 5.5 ft off the rear lot line 5.7 feet off the side Lot line yeah it's it's a it's labeled in one spot as accessory structure Y and then in your proposed calculations it's labeled shed oh which is it if it's a pool house and it's not a shed if it's going to have Plumbing in it it's not a shed right and should meet the building setbacks okay I

I I don't believe it's going to be technically a pool house with plumbing inside um so I think I would classify it as a shed storage only and and the condition of precluding it to being connected to Water and Sewer is okay yep okay I know you don't know but you might be back here we say never don't come back with a forgiveness I have a history of coming back with the

same site multiple times as you know the theet bar just isn't the owner's done an incredible job on this property beautiful yeah we can't have someone at least until February we can't have somebody living in this accessory structure as things may change as as things things may change but it clearly doesn't set for living quarters so yep okay other questions from the board they're hearing none in the audience is

there anyone here to speak in favor of this petition is there anyone here just oh yes if I just I am the owner oh okay so I just wanted to see if there was to be pling on that structure what would the setbacks have to be because that's a shed that was already there but it was a shed that was destroyed there in the fire well again there's a difference between the shed understand accessory

structure if it's being used to live in or occupy then it needs to meet the building setbacks for a structure for for living space okay big differ big difference between storage area yep garage garage is have a specific use to it um so so just as living space So the plan is to have a wet barn and half a shed so so not for someone to live in it so would a wet bar require water

Plumbing sure yeah so that'll be up for the board to decide if they if they're okay with that okay yeah it's it's not going to have a bedroom bathroom no no no house is that's why I said wet bar I knew it way good catch got a nice pool is the pump in there the the stuff for the pool in there too the that's going to be on the outside it's going to be yeah

okay all right thank you for asking that clarification appreciate that and and offering us that I don't know what the building inspector's interpretation will be I don't know I mean think that needs to it wasn't specified here but we don't want to approve something and then have it Go Side well if that's the case you can grant relief for an accessory structure of that size and it'll be up to the

building inspector to determine the used to for it but I don't know I like Mr tolman's interpretation better and the answer to his question is 10t or or do we setback on that if he if he he was asking to comply if it's a if it's considered a shed or a or a garage um then the set backs that you have a fine Mr Tom's assertion that you don't need relief is is fine the

building inspector May determine that you need to meet building setbacks if it's to be used for anything other than a shed or a garage riew will require a letter from the building inspector that that he's okay with the use of it all right and otherwise if there's an approval it is as an accessory structure yeah okay unless you want to preclude somebody could put it in there to preclude Plumbing in the building but

then we know he's going to be back because he wants to put PL in the building okay all right so um I'm sorry anyone here in opposition nobody to the board Bastion of section 86 I'm in favor of the proposal I just don't know how to word it to cover the situation well where can can we just say uh we Grant approval as a plan is presented how the plan shows right yeah

it shows accessories it's showing as an accessory structure Y and then somebody else can decide whether it meets that defition it's pretty much it we don't have a full set of plans in front of us that shows Plumbing plan electrical plant anything else it's an accessory structure so as far as I'm concerned is is rakes yeah a sh you're you're approving it the use as an accessory structure the building

department determines that it doesn't meet the setback requirements for the proposed use you're not waving setbacks to what the building inspector May determine are required for shed a garage correct or Barn whatever you want to call it the setback shown or adequate and the size of it accessory structure is he may determine 10 ft right in the this in this District No be 4T 4T and 6t 6t off

the house so the motion I make then is that we approve the uh proposal as submitted expance in accordance with the plan yes second so it's it's a special permit so it's a special permit it's not a variance so it's bated so we have to bipoc the special permit Mr chairman I find that the uh proposal is will not be more substantially de of the area and move that we approve it in accordance with

the plan as submitted okay which means as an accessory structure and increasing mot coverage from 48 to 78% which is the safe way to go so have do that cyan review does this need cyan review if you if you say it does I would say so usually anything that requires this release so that we can ensure that drainage isn't a problem come up with some imp they may require something specific

in papers so okay yeah Insight plan review yes we have a second second thank you Eric then on the motion Eric Kelly yes Dana yes Jim ckins yes John Frank yes chairman per yes good luck with that beautiful job wonderful job item number seven sus the Family Trust care of Jeffrey tman 460 llo street map E8 lot 28 the applicant seeks a variance to divide the property into two lots leaving the

existing single family dwelling uh at 460 lllo Street on a conforming lot 11,510 Square ft lot with 99. 81 ft of Frontage and creating a new 5100 s foot lot with 50 ft of Frontage to construct a new single family dwelling waving lot coverage area Frontage sidey yard setbacks and an R8 single family zoning District good evening for the record Jeff Tolman from Northeast engineers and Consultants here representing Janet

Souza the trustee of the Souza Family Trust I have along with me John Suza who's Janice's son um the application here is uh we did file for a variance for the property at 460 lllo Street uh this property is located on the north side of lllo east of landforce street and it's located in the single family R8 zoning District um as you can see on the plan there's a conforming single family

dwelling um located basically dead smack in the middle of the property that house was built in 1955 by uh Bon Martel who was Janice su's father uh Janice who was the current owner uh in resides in the house uh was born and raised in this house um she's 78 years old um she lives there on her own at this point her husband has passed away uh her husband uh was a former uh

lifelong City Municipal Employee uh as when he retired he was the uh actually director of the solid waste in uh director of solid waste at the incinerator the old incinerator uh so she's there at 78 she's living off her husband's pension and it's becoming a burden uh to maintain a property of this size um and she would love to obviously given the family history with the uh with the house uh stay in the house as

long as she can um when the when the land was originally bought by their father uh there were three lots here um each equal in size having about

so as you can see from the layout of the property uh she's only really using the middle of the property over to the east uh which leaves this West this large area on the West Side um of the property about 50 ft in width that basically goes unused and uh it's becomeing a maintenance issue uh for her to maintain that that area uh there there's an existing Stone retaining wall that runs

along that West property line that's kind of in disrepair uh some work needs to be done on it as it's falling apart and becoming an issue uh given the proximity uh with the the ab butter uh on the west side so uh the proposal that we have tonight is to divide the property into two lots uh leading the single family dwelling driveway Garage on lot one which would be a conforming lot in the R8 district

and to create lot two uh which would be a non-conforming lot with 50 ft of Frontage in an area of 5100 Square ft on which a single family dwelling would be built um in addition of Frontage in area we'd also be asking for S setback relief for both the existing and proposed dwellings uh on that interior lot line that we'd be creating of 5 ft um the new house um the new lot and the new house

on the west side I do not believe would be detrimental to the neighborhood uh considering some of other relief that's been granted in this area for different different Lots on low Street uh specifically there's um two lots across the street which are smaller than this particular lot that we're proposing at 4,100 FT and just under 4200 Square ft and there's also uh two two other lots

that basically the same size as what we have here uh so again we don't believe this would be a detriment to the neighborhood um so the uh the hardship that would the here would be the the the shapee of the lot and the location of the the house on the lot and in addition uh one other further hhip would be the Topography of the property given the slope of lllo

Street how the west side of the house does slope down to that abing property uh to that retaining wall that needs to be replaced at a considerable expense um the plan um I think at this point would just be to remove that wall and and grade that that area um into the into the slope um so again that would be um that would create a maintenance issue um for Janice um so again what we're

looking to do is is divide this and uh construct and to create a lot and construct a single single family dwelling uh that would kind of be in conformance with uh other Lots in the neighborhood so I'd be happy to answer any questions that the board might have I don't have a question I do have a comment the the five foot lot line setb that bothers me anytime I see them that

small it bothers me and you're creating now two five foot setbacks non-conforming that you're asking for Relief on you're asking for a lot of relief on the small lot yeah and and and we understand that and the reason we did that is to try to maintain the 15 ft required set back to the abing property in one side one side this will be this will be an abing property unless the family members going

to live here or whoever is in you know the existing home now right when they're not living there they're going to be cheek and jow against each other right but that would be a problem as far as I'm concerned I I just get one of my pet peeves when I was sitting out there is that we wave a lot and in some towns some jurisdictions they would look at each one of those as a separate variance

and you'd have to prove out each separate variants I realize that's not how we did things if they made me vice president of the world for a day I would make sure that we did it that way but that's me um and and that's that's my comment on it it's it's it's a lot I I agree but it's similar to the case that we have across the street between 433 and 443 L Street they have a

very similar divided or or what the situation there what's the frontage on those lots because they're not showing it's larger um that one's not the SC I want to say they're 50 feet I mean all these slots going up and down with right around 50 ft I did manage to bring my scale tonight so prepared never let that happen again a question about last month's then please let's not talk that's not talking

about last month 50 ft yep scales yeah but it wasn't a conforming lot to stop right correct the ones across the street no I believe they were through Lots they might have been we we don't know how they came to be correct the lot behind one of the Lots behind you for munin on America was denied identical to this correct but that was a much that was a a pre-existent non-conforming lot

to begin with where this this is a existing conforming lot right with sufficient area for two lots right so the argument of you've already got a non-conformity making two non-conformities is sometimes the board's View as being better than taking a conforming parcel and making a non-conforming you're creating a non-conforming situation where there is none but we're leaving a conforming

situation as well right but you're creating a new one correct on has we're at the 5 foot setb now so it's this nonconforming the lot the structure would be non-conforming the lot itself would be conforming and then the lot itself I mean it actually Narrows back to 48 ft wide right you've got 50 ft of front mhm um but then the lot's actually 48t wide I don't know if there's any 48t wide Lots out

here any other questions from the board comments just uh do we know what the percentage of coverage is on that um we would not be seeking relief on on either lot you're not exceeding 25% on the second law I don't believe so no okay okay anything else from uh from the audience anyone to speak in favor of this petition anyone wishing to speak in opposition street right beside the home

438 okay and we have uh the the land is very high and uh we have a wall is not my first language Portuguese I try my best over here it's okay and uh that wall is being pushed by the land and water so we don't have enough space buy that land and I put a lot of value on my home my house solel and uh I'm afraid that I'm going to be

losing value on my home too Al putting a house that might losing uh it's going to create Shades you know what I mean so it's a lot of to think about it before we we allow this to be happening those are my concern most most important thing is the water I have a picture here water is pushing against because the land is very high I didn't know how many people so just one too much we

we'll save a tree con those things okay this is it thank you we appreciate you coming up speaking I always want to hear people's opinions and concerns anyone else to speak in opposition

yes anything else I turn to the board then let me ask one more question I I mean in the in the petition or in the the advertisement it says waving lot coverage you just said that you weren asking for wave L coverage which is it uh I just don't want to end up with a circumstance that now you have to come back yeah I don't have um you can do a quick calculation of the square footage

of the house and driveway and see if you're close yeah it is I do have it on the uh the application as well um but I would suppose let me just do something quick your scale don't do math in your head I can't either um 38 26 you can but it may be wrong I can do it incorrect I can do anything in my head but 25 19 just leave the walkways out

now because they could be pvers if we had right and yeah same thing I mean the house the house wouldn't put it over the house would be at 19% and I think everything else we could make work one way or the other where we wouldn't need the the lot coverage requirement even with the driveway I think we could pave that and still be under with the 18 by 18 or 20 x 20 I should say

yeah got a 400 sare foot driveway you got 12 x 16 deck and then you've got walkways yeah the walkways could be Cav the deck doesn't deck doesn't count does it no you're close all right it is there's a variance folks there's any questions now is the time to ask them if there aren't now is the time to make a decision I make a motion to deny I think it's too close to the other houses the

envelope is too tight a second we have a motion to deny and a second is there any discussion on the motion an affirmative vote is to deny um on that uh Eric Kelly yes Dan dear yes Jim ckins yes John Frank yes chairman per yes sorry thank you okay item number eight High Development LLC yeah K of Jeffrey fman this is zero north south Bedford Street map l09 lot 35 the applicant seeks a

variance to constructed two family duplex style dwelling waving lot coverage area front and rear setbacks and a g General zoning District uh good evening for the record Jeff Tolman from Northeast engineers and Consultants I am looking for uh paper I was handed by attorney Claren before he left I believe Nina received a copy of it um today it's in everyone's iPad okay so basically the petitioner submitted a

uh request to withdraw the application without prejudice can you so yeah that's I can print it if you can't find that I don't know what I did with it I had it we'll be okay for the sake of time chairman approval of withraw without very good do we have a second on second motion and second on the motion Eric Kelly yes danar yes Jim ckins yes John Frank yes chairman prair yes

thank you very much don't move Alby I'm never going to pronounce this last name correctly gajera gajera yeah God bless you uh Alby gajera K of Jeffrey P Tolman 193 19 I'm sorry I'm sorry was there anybody here in regard to that last petition on Hyde Street no Bedford no Bedford and Bo Bedford I'm sorry uh Bedford you here for that okay the applicant decided to withdraw they've withdrawn they want to stay they'll be

dancing later cocktail come back again you'll be notified save it it comes back thank you for coming It's always important you too all right uh item number nine let me start all over again I'm here 380 Forth Street was number four y we put you to the end item number nine good Alby gajera care of Jeffrey pman 193 195 and 199 Snell street map F20 lot two the applicant requests a

special permit per B I'm sorry per 86 423b to subdivide the subject property into two lots leaving the existing six family dwelling on one lot and an existing single family dwelling and two family dwelling on a separate lot submitted per uh submitted per submitted plans on an A2 apartment zoning District good evening for director Jeff tomman from Northeast engineers and Consultants here on behalf of Alby

gajera the uh petitioner for the special permit uh that's before you uh this property is located on the south side of snow Street uh just west of DOA street it's located in the apartment A2 zoning District um I'm sure you're all aware of it it has been before you uh within the past couple of years I believe um there are three dwelling structures located what three structures located on the

property there's number 193 which is a six family uh dwelling at the front of the property that was uh built back in 1930 uh there's 195 snow Street which is a single family house located in the middle of the property which was also built around that same time 1930 and then there was the uh the existing commercial space uh towards the back that we had had come in for uh and and got relief to convert

that into two residential uh apartment units um so that would not you know was not a dwelling prior to 1954 so uh I don't know if it's subject to 423b but what we're looking to do simply is to uh to divide this property for um for the purpose basically of being able to finance uh the rear single family and two family those two structures with a residential loan um as opposed to being

having the whole property on a commercial loan so that's the applicant's intent that's why he wanted to come back here um we fully understand that one of the conditions of um the approval when we came in for the conversion on that back building was that there would be no further subdivision um which I understand uh but I believe it's also this board has the ability to uh given any particular

circumstances to um overturn that and and come up with a new condition if they feel it's warranted um we're not looking again to separate all the all these structures um I actually think the the division the way we have it makes sense uh because the parking for the six family would be on that lot there would be an easement which I don't have shown on this particular plan but obviously it

did be an access easement to get back to those parking spots and then uh the parking that we have at the rear of the property would be for the uh the existing single family and the two new um residential units which are currently under construction um and that parking that hasn't changed from what we had when we came in um for the first variants and also the uh what was approved through

site plan review uh again this is simply just to separate that six family out uh leave that or just have that on a commercial loan and and then get a residential loan for the for the rear lot I'd be happy to answer any questions that the board might have I do not have any questions anyone else on the board have any questions maybe I'm looking at the wrong plan but I don't where is the division

line the division line it run it starts from Snell runs right up the edge of the driveway and then it it turns to the West right in front of the existing single family dwelling you got is that is that another page maybe yeah I don't know the previous plans on the last one oh maybe you're looking at the previous PL all if you went to the one all the way to the right

you got to go to the you got to go to the second one that shows the conversion of the last oh that's the old one that's why the old one that's the one where we did it the first time confused you confused Us by throwing them ball too much information okay never too much information very thorough yeah anything from the board you oriented James yeah I understand turning to the uh the

audience is there anyone here to speak on be in behalf of this uh application anyone to speak in opposition okay they're hearing none I come back back to the board we did uh there was uh a condition of no additional subdivision or further subdivision of the lot uh that was made we do have the right to overrule the decision that was made previously planning I don't know how you

feel about it uh at the time we allowed the convoluted parking and access to occur because it was going to remain a private single property and allowed that conversion to take place it would be my recommendation that that you don't go back on the condition that you that you already placed on the property R in my head d i me was it was a stretch to allow it to even and the applicant took that

approval accepted it and moved forward with the conversion yeah what do you wishes J I'll make a motion deny standing on the previous decision that we voted to not further subdivide the property we have a second on that second motion and second discussion they hearing none on the motion John Frank yes Jim cins yes Dan yes Eric Kelly yes and jman Prairie yes thank you item number 11 does any does anyone

wish to take a break at this point let's roll let's roll item number 11 Atlantic West LLC carer Peter acelino Attorney Peter acelino I apologize number 10 you skip oh yeah I skip what the heck am I doing I know why too item number 10 Tetro real estate LLC care of Attorney Peter solino 76 1 Highland Avenue map m19 lot 30 the applicant constructed the property in conjunction with prior relief granted

however further relief is needed through a variance for lot coverage as well as a special permit for parking and an S single family zoning District thank you for the record Peter selino on behalf of the applicant tetrol real estate LLC uh as Mr chairman just read this matter was before the board in October of 2022 the the board probably remembers that at that time the requested relief was to convert the

former nursing home facility into nine uh residential apartments that relief was granted with certain conditions uh one of which was that the proposed laot coverage be no greater than 69% ultimately through a couple of errors in the size of the patio and construction it's 5% over that so the first issue is that the lot coverage as it sits on the ground at the completion of the construction is 74% as a opposed

to the 69% that was approved uh by the board in October of 2022 so there's a 5% differential uh Additionally the as constructed uh version of this project resulted in two less parking spaces than we had uh requested uh previously and as a result what's on the ground is 16 parking spaces instead of 18 parking spaces um for the board's edification the building is completed uh it is 50%

occupied the blend of units is such that there are six one-bedroom units and three two-bedroom units and I think that's relevant to the parking argument and specifically the lack of detriment uh I submit to you that based on the unit count uh even with the 16 spaces that are there I'd submit to you that that's appropriate based on the number of units and the types of units that they are uh being that the majority are

smaller one-bedroom units so certainly after the fact ready to take my uh licks uh Mr chairman um but I would submit to you that these are small deviations on a very nice project um and so we're asking the board for a variance on lot coverage and a special permit on the parking waiver I I will just say this in you know you've already alluded to the fact that I hate permission after the

fact this was not the easiest one to get permitted MH and I will say that in some cases the the board took some hits over this one to the plus and to the minus it's stunning it is absolutely beautiful find two parking spaces is my opinion on it at this point in time okay create two many car spaces do something but this this was you fought the Battle this and you know we we you Chang the

the number of units there was an adjust made that's my opinion on that um you know kind of the same thing with you know the patio is bigger so we need to make a change by you know five 4% 5% why is my question why why professional Builders excellent developer why that's me okay I'm one guy and I turn to the rest of the board actually let me turn to planning right now

well I don't disagree with with your assertion but what I would say is right now along the subtly boundary at least what's dimensioned on the plane you have 7 21 ft long spaces that's 147 ft you divide that by 18 ft which is the actual required may not be what you want for parallel parking which you can pick up one space right there with just restriping and making 18 foot spaces

okay is it is it great to have 18s parallel like that and stacked no 21 would be better but theoretically for zoning purposes you could pick up one on that side um I'm looking at the spaces at the building where it says existing 10 by 18 parking spaces three um I'm not sure what's the hatched area that's in front of those spaces because they don't look 18 ft deep but just my

eyes um what the area that's hatched in front of those spaces calling in my All-Star witness Jeffrey tomman is that like a walkway is it's just a yeah like a walkway that's been hatched out that so the the the concrete retaining wall that was added to yeah okay but I I think what you're on to at at on the South Side making those spots smaller yeah and I believe this because that

gate is going to be permanently closed and Emergen purposes only I I think we have the ability to add one more at the very end of that so so if you look at this and if you throw in minimum aisle widths of what you need to have I would think the board would rather see a waiver of aisle width than parking space size so even on the side of your Ada space m what's the dimension

from the parallel space along the sly property line and that hatch area is it greater than 22 ft see I have my skill plan but I don't have the plan you want to look at problem I I I think you could easily stripe out the two Extra Spaces I don't have no I I I would submit that we could probably find the two additional spaces I agree um if there was some

relief given on the a with or even if not I mean we can go with the the 9 by8 um I think you I think you can do it so maybe you just want you want a table we have the seven well we have the seven at the bottom I think we can if we tighten those up I think we can add one more to it as well Y and get and get nine there

um because to compens I don't recall that the driveway along Handover and again it's supposed to be closed mhm I don't think that has to be 22 ft no what's the purpose of it I I don't remember what it was I remember there was a discussion at the meeting about why that driveway wanted to be there I think it was already there wasn't it there was a curb cut it was there it was

already there but if you can technically get in and out on Highland Avenue with some Isle width discussion you could probably you might even be able to get one you might even want to just stack I know you get the dumpster pad there but you could have put one there and then bumped the dumpster pad over but maybe I'm sure you can strike one one additional space on top of the

additional one that you can add along sub but I'm I'm almost thinking be because if we take three feet off of those seven that's one additional and then we can add one to the end on that's what I'm saying you add one somewhere so we can get nine there possibly yeah I don't do that anymore I think that's I think that's the simplest solution rather than um try to play around with the other stuff um

on the North side I think if wherever they are the board can grant a lot coverage Y and can you don't just require restriping of spaces at 9 by8 find just find the spots that's that's what you think is what about the lock coverage guys I knew the parking spaces were magically there somehow how do we feelove the lock coverage I think we need to finding the parking is going to

set precedence over that 5% of the lot coverage as far as I'm concerned I would argue that the increased quality of landscaping offsets the increase in lot coverage yeah I mean they it's a great project they did a phenomenal job it's just making it work I agree I agree let's see who the neighborhood ask let's see who the neighborhood that drove the original anyone here present tonight that wishes to speak in favor of

this petition is there anyone here that wishes to speak in opposition to the petition my name so and the president of director of for my my Society in my address 745 for uh today we can here that we do not talk about BL Cate or paring do not talk about this yes I see on behalf of moderator and our community we would like to suggest you adjusting this van a bit lower because

when we go out we do not see pedestrian cist on the side uh do you have an additional copy of that for us we have two have okay thank I can see the I can see it they can't see coming out of that D at the end of the so the lat area drop that fence so your objection is this top area here yeah okay so if we can reduce that height that would be

helpful to you yeah yeah because okay when when we go out we we cannot see someone yeah okay understand the argument it seems like a safety issue to me um okay so for purposes of zoning tonight I will make a motion to table so that we I need the form now do we have the form I do okay thank you I brought extras just you knew it's all filled up I don't know if

you have to take I I don't think we have to table it okay just going to be they're not going to Grant the waiver of reduction in poty and they can grant the waiver of lock coverage okay better for us easier for you find spots find come on take a chance P yeah no that's fine okay sorry I thought you but rather than get a denial on the reduction in parking

just withdraw that part of the petition okay all right so then rather than pay you money I was going to ask David Assad to deliver my $500 check tomorrow but um nevertheless um wouldn't that have been fun uh we'll uh make a motion to withdraw the portion of the petition relating to the parking okay I I think I think that's that's fine yep can we address the request Mr chairman I moov we accept the

request to withdraw the parking variant or parking change ruction request parking reduction okay second we have a motion and a second on the motion John Frank yes Jim ckin yes Dan dupar yes Eric Kelly yes and chairman Prairie yes okay so that leaves us with the lock coverage Mr chairman I move that we Grant the variance on lck coverage request second very good Motion in second discussion on the

motion in that case John Frank yes Jim ckins yes Dan de yes Eric Kelly yes chairman Prairie yes thank you can we just talk about this situation for a second sure yeah can you take that back to your yes client I think that's reasonable because that is definitely a safety issue AG somebody walking down the sidewalk so yeah that should be no issue can he be in touch with the people of

the temple please or someone on on his behalf be in touch could you give me a telephone number jent on the back of this just right on the back for you know are these your copies are these pet uh you can put those huh that one that one I mean I'm just going to recycle it after the meeting anyway I am going to call call that 5 minutes I'll help you out okay you in your bladder

you

your but if they're driving a they can't see through yeah got it okay good to go let's go item number 11 Atlantic West LLC care of Attorney Peter a selino zero South Street M stre South Beacon Street sorry yes you are correct if I skip to word I could go faster map h06 Lot 25 the applicant seeks a special permit to construct 17 residential Condominiums as well as variance relief

for sidey setbacks and a CMD commercial Mill District per submitted plans thank you Peter solino on behalf of the applicant Atlantic West LLC my client purchased this lot as a form a lot uh the proposal as is read to the record is to construct 17 residential units on the property um the two waivers that are being sought are a special permit to make a residential use of the property

in a CMD District as well as a side setback variance uh as proposed we're seeking 5T in all other respects uh as opposed to 10 in all other respects the project conforms to zoning in terms of area Frontage uh setback so it's this petition is about use and side setback only

I'm just drinking it in Dan what does planning say um again as attorney seleno stated the use is consistent with what special permits are allowed for in the commercial Mill District um the development of the surrounding area has been permitted in a similar manner directly across the street is the 400 unit conversion of the existing Duro Mills which surrounds this directly to the north of this it was

permitted for for um self storage buildings units which has not been constructed um so as far as the setback requirements just note like on the VX of units one and two 156 and 17 the way that the buildings are shown would preclude the ability to construct decks um because decks would need to meet the 10- foot requirement they could have patios but they couldn't have decks um it does look like there's room if

they choose to that they could slide units one and two forward yet to give them the room and 15 16 and 17 so I don't think they'll be locked in with this building footprint you were saying shorten the driveways then but that's they're not asking for relief for that I'm just saying as shown they're meeting the 10ft setback the only relief for the 5 foot would be on the side of

Unit 17 the side of unit 3 um I don't know off the top of my head what the development looked like adjacent to unit 3 to see how close anything was being constructed to that but I don't think there was any units being proposed there in that narrow strip it's only 50 ft wide um and then as far on the other side they're going to be adjacent to a storage unit so I

don't see an issue with any of it I actually think they probably could have fit many more units on this than than what's being proposed here they don't need to create a culdesac um they really don't need the driveways and the ability long enough to be a c but I don't have an issue with it and uh for the record my client doesn't he's okay without decks it's okay oh

okay yeah I see what you're saying Dan if that it didn't need to be a cack really yeah I mean it's just a waste of pavement but they could still change that you know they got they've got a number of units on those two setbacks they can have one structure at 5 feet when the other structure at 5T all the other dimensions they meet the setback requirement yeah cool it's all within our perview guys

what other questions does the board have I have two questions y unit size CU I always ask that one they dimensioned on the plan of 19 by 33 number of bedrooms how many bedrooms doesn't really matter they're providing two parking SPAC which is that was my other question number eight doesn't show it but it's probably just a typo cuz I would assume the ones that are inside the blocks inside the

buildings are yeah you're right interior parking like to see that inside a garage building eight doesn't show a garage space I'm assuming there's going to be one there's going to be one yes so two spaces per that's it that's it anybody else on the board turning to the audience anyone here wishing to speak on behalf of this petition yes I Ken fola the Executive Vice President of County

EDC um just like to weigh in in favor of this particular petition as it comparts to other types of development that are occurring around the area most notably we we before this sport just over a year ago with the rehab of the old Duro Mill for residential purposes so this adds to the overall transformational impact and effect of this Beacon Street area itself we all KN we all know that there's

additional need for more housing within the city uh this is going to meet help help meet that uh that need and obviously the more Supply we can continue to create it's also going to help with the alleviation of you know rentals higher rentals because now you have more Supply available and less some of less than some of the demand that's out there so we think it's in ke keeping with the abing uh of previously approved

uses and it'll also create a new tax value for the city in terms of residential use I would like to point out the record it's also within the Housing Development Zone it's an overlay Zone to this area so it's not that housing is not um something that was contemplated for this area so uh for that concern and the El you know that I just uh noted I hope that the board will

see its its way clear to approve this petition very good all right anything else anyone else in favor anyone wish to speak in opposition they're hearing none I turn to the board we have a special permit um relief for the um my brain just shut down use use and um I'm reading ahead I'm sorry uh very relief a side side yard setback Mr chairman I move that we Grant

the use variant as well as the side yard setbacks as proposed in the plan the special permit is for the the variance is only for the sidey yard setbacks make it as two separate votes please yeah all right special permit for the commercial uh residential in in a commercial Mill District 17 units so we need is that a bipoc vote you could if you would like to okay Mr chairman I move that we Grant

the special permit on use uh finding that it is will not be more substantially detrimental in the area and we be granted good do we have a second on the not more detrimental in acceptance of the or second approval of use second very good uh on the motion John Frank yes Jim ckins yes Danier yes Eric Kelly yes Joe Pereira yes thank you then with regards to I move we Grant the variance on the

side yard setbacks as presented in the uh plan second motion and second uh John Frank yes Jim ckins yes D yes Eric Kelly yes chairman Prairie yes good looking plan thank you item number 12 Tucker dachon I love the name uh LLC care of Attorney Peter acelino 29 I'm sorry 20 Laurel Street map c01 Lots 1 and 40 the applicant seeks to demolish an existing single family dwelling and to construct a new building for auto

sales and auto repair the applicant seeks a variance SLS special permit to wave sidey yard and reil yard setbacks and the BL local business zoning District uh per submitted plans good evening for the record Peter seleno on behalf of the applicant uh notwithstanding the LLC name this is Brian Vieira uh Brian owns and operates am Auto or am Auto if I was really French right uh on Earl Street in Fall

River uh Brian's a great mechanic but he's outgrown his location so he owns this parcel he's looking to move his operation to this parcel The Proposal includes the demolition of the existing structure as shown on the plan which is a uh multif family building um my client intends to construct a building on the site from which he will repair cars we will later seek to also sell cars and uh

seek the appropriate approvals for that uh in terms of the relief salt pursuant to this petition we're looking for um use because it's in a business Local District we're looking for side setback and we're looking for rear yard setback so there's three uh waivers that are required to make the project work as depicted on the plan um parking is appropriate uh as proposed um there will

be a small office use incidental to his uh operation as an auto body uh shop um happy to take any questions about the site or the design or future plans for the location um and lastly and for the record uh this may be the best shape argument I've ever had in the city of fall so let me say for the record pursuant to Massachusetts General law 4A uh doe and knowing to the shape of this

parcel uh we need some waivers on setback Bravo thank excellent right okay so the um that's staying there's one here that's coming down the ler right the existing it says existing six unit correct that is staying um that is on the south side of the property sort of near gimon Farms yep yep yep and we have parking accommodating that all the way along the back and the front side here that is

correct so all that parking across the back is for that six family everything on that South Side not all of it okay all right is is there I mean there there's adequate parking there currently for that six family a six family dwelling yes and you're not going to reduce their parking not at all no all right other questions from the board from planning I would just point out that this is actually the merger of

three separate lots to be able to make this work um the setback relief you know in the BL District you only require to have a 12T front yard setback which theoretically they would meet on one side but what are we calling front side rear um so I think it was good that they just said as shown on the plan 12T to each of this of the streets um I will

point out that Auto Sales is allowed in the BL District so there's no relief for that um Auto Repair which I believe is what the request is not Auto Body yeah that's a mistake on my part so there would be relief being granted for auto repair um they they' laid out well um areas for service and display the front of the property at the at the point um and have provided ample parking for the multif

family as well as uh customer parking to the rear and employees as well so pretty well laid out yeah minimal C cut um changes utilizes I think existing CB Cuts in most cases all the a w you're appropriate I think it's signage good plan signage will have to comply with the BL zoning District right there's no anything beyond that ask for we're not in this petition asking for any relief related

to sence yeah there is a sign shown but it has to comply with the district okay any other question questions from the board going to the general public anybody here wishing to speak in favor of the petition anyone wishing to speak in opposition they're hearing none it's on us a goodl looking plan congratulations on now growing your space thank you so we have a variance is it a variance and a special permit or just

it is a I think it ends up as a variance I checked both because I wasn't sure at the time I filed I would just move them move the entire petition as a variance that's presented um I'll make a motion to Grant uh variance second okay variance in second you want to say make sure as stated in the proposal that that single family will be demolished yep and just in accordance with plans

yes ma all right very good Motion in second no need to change anything on that therefore on the motion John Frank yes Jim cin Dan deir yes Eric Kelly and chairman Prairie yes thank you best of luck thank you sometime you'll have to tell me how you get the name of the company they all they only have Labrador retriev good luck love it thank you item number 13 Grand Manor Holdings LLC care of Attorney Peter

acelino 289 Bank Street map in4 Lot 29 the applicant seeks a variance to convert the existing 4unit apartment building into an 8 unit apartment building waving dimensional requirements Additionally the petitioner is requesting a special permit to Wave parking requirements the property is loaded in located in an A2 apartment zoning District thank you um any can you change the plan please thank you uh okay

good evening for the record on this petition Peter selino on behalf of the applicant Grand Manor Holdings with me is Richard Gibson uh here as a representative of Grand Manor Holdings Grand Manor Holdings is a putative buyer of the subject property so they're acting pursuant to a purchase and sale agreement um their purchase and sale agreement is contingent upon receiving the zoning relief they need in order to

permit this project so for the board's edification uh property obviously sits at the corner of highend bank and the inside it's a complete mess um it needs a complete rehab um in addition to debris there's no apartments in there right now it was previously a for family but it's no longer used as a for family and so part of the issue with a petition like this is always crafting a use that

makes the uh Economics work in order to make it a viable use of the project so so um for the boards uh or for me to draw your attention the deed to the property on exhibit a has uh several parcels and one of which is this small strip of land that's located at the northwesterly corner of bank and High um per the deed it's only about uh 1,700 1718 Square ft more or less so the

proposal here is to convert the existing shell of a building into eight units uh which would require a variance as a result of lack of square footage in the A2 district and then we're seeking a waiver of parking pursuant to the special permit bylaw because obviously we would be deficient um currently the Lots shown as 275 and 289 on this plan are owned by the same family and so there are some cars that are parked to

the southwesterly corner of the subject at 289 um but we did not show that they're generally to clients indicated to me today there are generally two cars back there that have access over the 275 lot um but taking that aside for a second uh I'd submit to the board that based on my own independent research and driving around there uh High Street from Bedford to bank has parking on the East

Side by meter um for the last two nights I've driven by there just at this you know at the six o'cl time of night and there's not there are no Cars on that side of High Street um additionally on Bank Street from Rock Street to High Street uh tonight for example there were two cars in that entire stretch on the street parking and then finally from Pine to bank along Rock no cars uh in

the parking so I'd submit to you that I know we're deficient in parking but I also believe that the surrounding area lends itself to on street parking and would make this proposal not more detrimental to the neighborhood uh not withstanding the requested increase in units um where happy to answer any questions but again this is a putative buyer trying to make a dilapidated structure work for him and

the roughly what's the square footage of that structure do you know just just roughly I'm just wondering how you get to the the eight units it's about 4,900 Square ft okay so the eight units would be would vary between little over 500 to 800 ft as you can see it's a very irregular shape each each story is different no I was just trying to get a rough idea and I should get ahead of Mr dear's

Question The Proposal is uh one-bedroom units I thinked like 00 500 what's the square footage requirement for a unit in the A2 zoning District uh I think it's 600 square F feet let me check my

B I will look as well I just for some some reason I thought the A2 had a specific minimum size unit oh 5500 ft total is the building is the building not counting the basement so Dan your question is the apartment size what's the minimum apartment size okay for some reason I thought in the 82 there was a minimum I think go God forbid we put it in the dimensional chart I know that's you got

to go look for it somewhere you know St witness wasn't prepared okay so 86148 apartment districts A2 every dwelling unit for this District shall contain at least three rooms exclusive of halls and a bathroom such three room dwelling unit shall contain at least 600 square ft of gross FL floor space okay and an additional 120 ft of floor space for each additional room so if you go over the three rooms you need

120 yeah so you're just going to make sure you haven't asked for that relief so you're going to have to comply to that but that being said this this property is located in the Arts overlay District which I think the building inspector did not take into account it isn't which allows for multif family use of unlimited density so I don't necessarily think a variance is required for the use

but parking still needs to be dealt with parking needs to be dealt with the aod size is going to do have different ways of dealing with parking on the lot across the street attorney selino yes it's labeled as existing private parking area containing five spaces dedicated to 289 Bank Street yep is the int ention to retain those spaces yes and the intention is to purchase those so I've

confirmed with the client today that's in his purchase and sale agreement that he wouldd be buying 289 the building at 289 and that 1,700 foot sliver land on the west side of High Street okay well that would require a subdivision so there may not be a guarantee and that's going to require a variance to create that so okay um I would recommend and and you would you had made an assertion

of getting to some parking in the back it would be my recommendation to clean up this petition okay probably table it so that those items can be addressed um I don't want you to accept the condition of acquiring that strip of land to create those parking spaces one if they're in the layout they don't constitute parking spaces they're not 9 by8 they don't constitute parking spaces so I don't want to pigeon hole

you into what you think you may need and then find out it's not what you need right so maybe we want to spend some time to make sure that you can show on a plan what you're providing for parking so that the board can vote with some level of Education where is the parking come from I will also tell you that in this Arts overlay District parking has been reduced down

to a rate of one space per unit usually when they're one-bedroom units which I think might be the case here that might help figure out how you want to present the parking relief just my recommendation and as you work through the building itself consider that 600 square foot minum or ask for Relief to be smaller than 600t I guess but I don't know if because the it's in the Arts overlay District if that A2 would apply

okay that minimum square footage as the building inspector that you may be able to preclude that 600 square ft yeah once the building inspector knows it's also in need art it's overlay District okay um and I know we have an applicant that's not down the street right but we want to make sure that you get the relief no and that's appreciated certainly and beyond that who is by renovate cell LLC me okay because that's

who the petitioner is on the plan so we might want to get that cleared away they're related entities but we can fix that y

um Jeff do you have any commentary surrounding if this is in the layout do you know we would require some survey yeah um we've looked at that in I mean the the spots I'm showing there are not but we may need some help with the the size you may need a reduction in bing space size to make those work okay I think today it's actually spaced for seven but we expanded it to make it more conforming

right yeah the the the issue there is that retaining wall dividing the grade level spots on High Street with the ones above it in the park I know in a bad spot it doesn't need to be in because the a with in the parking lot that is huge for no reason right but you can't gain anything because you've got the retaining wall and you can't the retaining wall would have to be

relocated and yeah not Che not cheat okay um okay so sounds apologize right yeah okay um all right so before I make a motion just so I'm clear so we need to investigate the parking on the west side of High Street um we need to size out the units and speak to the building inspector about what was it if the minimum 600 square foot would apply because you're also Al now in the Arts overlay District

okay so that may override the requirements of the A2 underlying zoning district and then also if there's an easement for parking behind the building there was parking there behind that building make sure you can come back with a secured easement over 275 if you're going to use those spaces okay also are you going to continue it as a variance or change it to a special permit fair

question I actually think everything can be done as a special permit so we'd have to read advertise you read advertise but you wouldn't have to pay special permit fee because you already did okay for parking so just the tabling fee okay and the advertisement and the advertisement Fe okay but I think we can get that cleaned up and hopefully get you on your way okay he to to this and I won't

even make a motion a w of the you can tell you can tell the chair the ex-chairman hasn't been here in a while new sheriff in town um you may I indulge you for another uh table uh form because uh my client needed a notepad right on oh sorry I thought that was left the last about five a one month a one month change here doesn't adversely affect you

in the decision uh no I don't think so right be negatively impacted didn't want buy the person yeah should okay okay yeah so we're okay with a mon you want to make a motion or request uh yes I'm going to fill out the form so I'll get in trouble is that okay Avid so we can take a motion okay uh so we'll make a motion to table the requested petition to the

September is it 18th 19th 19th meeting um when does the ad need to be placed we have time to resolve this internally right yeah we yeah we have time yeah I think it's next yeah that's right because this is actually an early meeting deadline okay so based upon their request Mr chairman I move that we accept the request to table till our September 18 19th our 19th meeting second second motion on

second two seconds a third on the motion John Frank yes Jim ckins yes Chanda yes Eric Kelly yes chairman Prairie yes thank you we have we have two weeks before we have to appoc okay excellent all right are you representing number 14 N I am not thank you you must you're good applicant Sor the motion motion was James table uh and second was uh the first second came from okay everyone said

yes that your little red book item number 14 Nathan bourges 64 Woodman Street map a18 lot 18 applicant seeks an after the fact Varan to construct a 24x 24t addition waving side yard setbacks and an R single family zoning District okay sir hi um my name's Nathan bores um so I had gotten involved when the homeowner had given me a call um apparently he had gotten a variance for this setback back in

2011 I wasn't aware of that at the time I actually thought it was a lot sooner but um essentially the original variance that he had was 24 by 14 and the building would that he wants was uh 24 by2 too uh we don't encroach on the rear setbacks and essentially we were just looking for the same relief that was given in the original variants for the side

setbacks so is it are we talking about a matter of setback or are we talking uh yes sir the um if I believe when she pulls the image up you'll see it uh the house is a corner lot and it sits fairly close on the street side M uh y so you can see where the addition is it stays in line with the envelope on the left and right um the original

variance had only gone back um 24 or excuse me 14 oh it's the depth of it corre correct it's the depth along Palm Street yes sir so it's a pre-existing non-conforming structure they're not in they're not making it more non-conforming with regards to setback correct okay no the minutes the approval in the minutes is 24 by8 uh I did notice that but the drawing they given me had only had 14 um so

essentially what we were looking for um even with the 18 we'd still need a couple additional fee um so I believe it's uh 24 by 22 is the actual structure no building permit was pulled to build this now how about how about lot coverage have we requested relief for lot coverage uh I don't believe so in your variant allow for the addition current home so I think that's the only relief requested

um on the plan there is a lot coverage table that says we'll be at 51.9% or 25% is is required um and then backing up the addition is built correct uh correct it's it's currently like erected like it's it's it's framed okay um okay so clearly we've had an increase in lot coverage uh yes sir which was which was not advertised so it's on the plan as informational but there's no narrative on the plan of the

relief being requested I don't know let's see what the building inspector wrote in his denial applicant seeks permission for 24x 24 Edition that has been erected without proper permits and site plan approval so there wasn't even a building permit uh I guess the bill the homeowner had originally pulled one I guess at the time yeah but not and then when we had gotten involved I was under the impression that it was Kent

but I was brought to my attention by Eugene that it wasn't there how long ago Eugene had told me that there was it was yeah it was back in um I I he had this the I guess the original one one was um variance was done back in 2011 so right the question is which the variance has has a lifespan too correct you don't act on it yeah we had definitely surpass that okay and then if

there was a building permit issued it only has a lifespan of six months to act upon it correct and and that at that point has already been lapsed so if that's the if that's the case then the construction and framing that's being done right now is under no building permit yeah and and all anything that had been done had been stopped um I met Eugene on site and uh kind of walked him through what had been

like what had happened and then he directed us to do the site plan uh cuz from when the first variance was done there was no site plan required like the site plan review um and then we did and submitted the site plan review and then at that time we had known that we needed like relief of the variants because the other variant was no longer in effect yeah CU I think looking at your plan

think the driveway on Woodman Street was added so lot coverage is it definitely has to be dealt with yeah um I I know that you this is you personally that appli for this are you a licensed contractor yes sir okay under your name personally or is there your business name uh I have both my name and uh business

yeah I mean you you my opinion you can't continue with this construction and as the planning director points out we've we've got additional lot coverage here I realized it's not yours yeah but so we'd have to like kind of ref file but and requests a lot coverage like I know we'd have to I guess yeah because the the original the original variance died on the vine it expired went this way was perid to go 14

which I think put us that there and then it went to 2 went to 2 so that way was the big the of yeah went deeper 10t than he should correct we we're still away from the rear setback I guess yeah set back issue it's actually pulling away from the lot line which is fine but it's also added lot coverage because the building is made bigger so I guess that was applied

for yeah that that I think that was the oversight so with with that lack of the 3 or the lot coverage we can't act on this anyway or we even if we granted the variance you can only Grant the variance for structure still non it's not advertised for for the it be quicker to withdraw and come back uh or or table and adverti that's up to you guys it was a substantial filing fee

because he did pay for the after the fact filing right now which is an additional 500 which you did pay for okay Mr chairman I move that we table this till our next well he has the request he has request sorry could I request to table it until the next meeting does does September give you enough time uh yes I can um as he stated the percentages is on there so we can uh

I guess advertised to request that just send as a corrected Narrative of the releas right absolutely check the percentage the the plan that was presented for this which won't open on my darn computer here we go on the screen that is where where corre yeah that's that size driveway nothing Chang by 24 structure the pools there the the house hasn't changed correct Garage in the back hasn't changed y okay all right

so you got the plan that's good yeah it's just I guess I I have to alter for the percentage that's cover we just need to is the percentage of coverage called out on that it is there's a table over to the left hand side I think it was 50 something per yeah 51 but it doesn't tell you what the increase in lot coverage is from what was there right

51.9 okay and if you look at the aerial photographs the driveway wasn't there the addition wasn't there so okay there could be some qualification of increase I'm sorry Jim did you make the the motion on that I started but we weren't ready for it no okay okay now we're ready for it Mr chairman I move that we uh table this propos to our September 19 we have Mo waving the waving the

Fe thank you all right so we have a motion table and wave fee do we have a second second motion and second therefore on the motion Eric Kelly yes Danier yes Jim Caulkins yes John uh yeah I'm all right John yes chairman Prairie all right all right thank you see you next one good luck yes okay um excuse me wait so there's a pen on the back table um do you mind just filling out that table

sheet and then bringing it back up okay we're going back to item number four thank you for your patience bad trip out of Boston or what sorry about that was really bad storm it took me three and a half hours to get here from I I have an office in Boston I I understand just brutal some days I can be there in 50 minutes and some days I'm there in 4

hours yeah I I left some of you at 3:30 oh you some of them so that's see pass for so best Tel you know the bridge I left at 3:30 and I got here 7:15 oh you made it you made it that's amazing you sa you guys still here to Le you know to hear the Let me read this in uh this is item number four on the new uh new business agenda agama

duza uh 384th street map I15 lot 51 the applicant seeks a variance to create a mixed use building with four residential units and an auto Sal showroom room the applicant uh also proposes a second story addition waving zoning requirements in an A2 apartment zoning District can introduce yourself and uh good evening my name is aim Souza and uh uh the first time I before this board so

a brief explanation what we trying to do over here it is a I be Mee with Daniel you know on a planning taking discussing this project in a you know and then we and that up here so I believe it's a old Warehouse used should be industrial used I believe uh where they they can fish uh I'm not sure if that's what it was there before but I believe it's industrial use

you know we're seeking to have a uh variance to turn the existing envelope into a a car dealer which one is going to be selling no fixing it's not going to be a shop or garage it's just a garage and a you know and the Dealer last four units on the existing envelop we propose an addition on the existing footprint above the garage is a commercial garage attached to a warehouse so the commercial garage

is going to have a an addition with the same footprint which is going to be one apartment plus a second mean of erress uh and the other addition we require is on the left side of the building which we are going to build a open deck which is going to be uh another second another mean of agress as well so the SE the the Second Story Edition is both apartments or just one just one

one unit yeah well units are going to be about uh the total construction there right now is I believe it's about 5,000 ft two levels we proposing actually uh same footprint a little bit over 6,000 ft two levels uh some footprint except for the the means the fire escapes that we are adding plus above the garage which it is existing uh we're going to be building the same footprint on the top of of this commercial

garage and we are proposing to fully uh uh bring this up to Cod meaning uh fire panel with a full fire alarms uh brand new sprinkle system everything that is needed uh to make this conversion so explain again four Apartments four apartments and where are they going to be located the apartments is going to be on Warehouse side which is on the back so also there the first level is going

to be uh it's a commercial garage with an office yeah plus a little storage area they're going to use for storage for the dry goods or whatever first floor on the first floor you go up on the second floor three apartments above the warehouse and one on the top of the attached garage which is a commercial garage so it's a two-story building now it's a two story it's about a little bit

over I believe it's 21 ft High okay you don't have a floor plan though to help okay that might help I wish this guy had done a little better job but that's what I have to present oh Jesus this is I have a small one small one would be better I can visualize now what you've said but I think it'll be good for the board no that's then you can explain to me then

commercial garage is the commercial garage going to be repairing these vehicles that are here no no repairs all this guy owns another another he's closing R and he owns another couple shops this is only going to be he says it's going to be from 6 to 10 cars at a time just yourself it's going to have a office no repairs nothing everything is going to be done outside okay if you any

repair needed so no garage Bay at all even there is a garage Bay which is going to storage the cars there like maybe two or three cars like showroom yeah like a showroom when you walk in the showroom that's Car spark there he can probably feed about four cars on that thing and that's in the whole first floor it is in the first floor under the one on the front section of the front

section yeah on the front section exactly three apartments on the second floor of the back section and then you're going to put a new cu the front part now only has one FL right High we just going to so the Second Story addition to the front how high does that end up going it's going to be the same high it'll match what's in the back it's going to match 30 yep

all right as they as they marinate on use no relief was requested for parking there is there is it shows you the pl plan it shows something on the plan but the application doesn't request anything and I don't think I don't think the building department referenced any relief probably not if you look at this show more than we we don't we not we not looking for this main bark she show the

surve show many all we need is eight for the unit is going to be yep you know and then we're going to have the the one day that's going to have the probably three or four cars and I'm another maybe C also okay all that all that needs to be shown there's customer spaces employee spaces that's all in the zoning District that has requirements for all of these uses spaces have to be 9 by8 mhm Drive

aisles need to be 22 ft okay none of that is shown on here so you would need to comply with all of those requirements which I don't this plan does not meet those requirements I see I see so you might want to have your surveyor look at the Zoning for what's required for parking the size of the spaces the size Ides for the aisles and determine if you need parking relief this parking the way

it's shown does not conform to zoning I see I you have some aisles that are only six feet wide to get to a parking space that's not at understood understood so you saw the last one that we just did for Auto Sales we can even give you a copy of that plan so you can see how they designate spaces for sale spaces for employees the size of the spaces the

sides of the aisles and the board would need to see that I think in order to make a deter mination on if the use is even okay but that's all I have to add for right now the the industrial use or the commercial use that's in that back section on the first floor is that going to remain as a commercial use you will you will it's going to be it's going to

be used like a warehouse dry storage oh that's not I asked if if the auto sales was the whole first flow and you said yes no it's only on the car only in the front so there's going to be a third use which is a what's what's going on there now nothing it's all Warehouse Nothing Is Right empty okay so that means it's parking for that most likely expired whatever zoning

relief or use for that building M so you would then need new zoning relief to use that for anything but you need to include that um is let me just be clear because I'm feeling two different things is somebody using that space currently no okay it's vacant yeah and you don't know how long it's been I have no idea the owner owns about a year the denial letter us says applicant seeks

permission to create a mixed use building with four residential apartments and an auto sales showroom right there nothing about the uh the warehousing section petition it's like dry storage I understand that but if it's not on the application they can't they can't act on the application reads applicant seeks permission to create a exuse building with four residential Apartments and an

auto shower yeah I thought that back building was always I thought the whole thing no I thought the whole bottom floor was the auto Sal the auto no no is is high I think it's about 3 or 4 ft up on the ground yeah I don't know yeah you get a loading dock of sometime back there yeah it does have a loading dock right there all right yeah no okay so

that you're right uh Auto Sales on the garage and be the with single office okay uh it's just restorage no okay cuz on the plan it says existing Warehouse it says proposed addition to the left the small one I don't know what's going to be in there but now let's keep in mind this Warehouse that this storage it's for the owner purpose only that's not going to be rent out no customers going to be

coming in what owner uh the liisa what do they do with it then they just going to use restore restore dry floring cabinets I for what so it's a business use use so that doesn't if that that's not addressed anywhere then on this plan nowhere does it show what is the auto sales part of the building um it says existing Warehouse proposed addition doesn't say what it's for says it proposed Second Story

addition and proposed Second Story wood deck nowhere does it show where there's apartments where there's dry storage for whatever we have that on the floor yeah but that wasn't submitted this this plan was submitted it was never asked by uh we have requirements for submission of plans this plan is woefully inadequate if you look at what's required on that plan but that's only a PL plan right it

doesn't no no it's not a plot plan no it's a use plan that shows what you're doing the has to reflect the the relief you're asking for and it has to show that parking meets the meets the requirements of the parking ordinance in the zoning bylaw um so yes it's a plot plan but it serves a purpose to illustrate what you want to do so your petition references nothing about dry

storage I see I have so I don't have have obviously you you've not sought legal counil on this you haven't spoken to in a JY I have not I actually got the council is number but I might be reaching out to him to get some up I feedback on this this this is complex this is woefully inadequate um and you know director AGI was giving you some some good ideas of what's missing

there's a lot missing here you've got three different uses we're not really reflecting those three uses we're not showing where what is that plan just doesn't do it by itself unless you're starting to call things out what parking is for what if that's going to be a warehouse base what if the street guys working in the warehouse the parking this is better to be can't table this there's so many

parking spaces you need parking this would be a problem so so that you understand the law you basically have two options you can ask the board to vote with what you've presented okay which I can't say would be favorable but I don't vote so I can't tell you okay if they do deny it the applicant can't come back for two years you can decide to withdraw and ask for to withdraw and come back once

you've straightened out all of these things we can't make that decision for you so that's something for you to decide and request from the board which way you would like to go I I would like to withraw them so I can make these changes do a better presentation of these now that I understand exactly what I have to show this always much more so you're asking to you're you're asking for a withdrawal

yes move that we Grant permission to withdraw without prejudice second motion and second on the motion John Frank yes Jim ckins yes Dana yes Eric Kelly yes jman Prairie yes so Nina Nina will email you a set of plans so that your engineer or survey whoever it was get a better understanding of what needs to be shown here as as the chairman stated you should probably seek legal councel to

help put together the petition you saw that most petitioners tonight had someone that takes the reins that knows what the zoning requirements are I see um so that way the board can at least make an educated decision on their vote I hope you have a safer trip home I think the rain's done this is a cop of the tuer next time I'll come I'll stay I'll stay here for the day I'll have

some of the nice Portuguese food around there we go umina do you have a withdrawal form or no I have a withdraw form no no I only have one table for left okay well you went through those huh yeah why you see me that you want to oh just as an example yeah yeah for the for the for the right that's just do you have a do you have what the

withdrawal form looks like we can either one run upstairs and get one or two just have someone handw write it yes can we cross out the word table on on the form he's got the withdraw the I think that are they different forms that we made once the table once withdraw or they are different I wonder if we cross how the word make it one yeah we got a few minutes any we have to

go we have to go over this I'll do that this way it's cleaner yeah actually you know what I can go off and get it so the discussion about other things I was not able to come up with how number of petitions or that stuff okay so we're not going to add anything in the discussion we've implemented all the other things that we've talked about okay okay we were hanging out with

discussion of how many petitions right should we consider ones that get tabled to be added to and what is the limit so there should be no discussion on that give me two minutes Dan could he go up with just get it done okay this subm to you be right okay in that case what was the submission of U receipt of Correspondence correspondence here that's just the typical everybody in the city got it um that was just

believe yeah it's just a use limitation so um Mass DP property at 594 came from Mass DP oh 594 that's what the use limitations usually are from conservation significant rest okay don't worry about it is that legal no no all you all you have to do for this is to place it on file it it already it already went to them they're just letting us know that they recorded it that's fine okay okay I think they

have to for conservation for Mass D like standards so receed to record item number 16 which Dan was just talking about so we need a motion to place on file yeah I'll make a motion to put on F all right and and just a request this has already gone to Legal they they've sent this to the city too or um upstairs or uh it I don't believe it needs to go to Legal

99.9% positive it does not need to go to F can we ask legal they pass to go toal we have a motion second I'll second second uh on that motion John Frank yes Jim ckins Dan de yes Eric Kelly yes chairman Prairie yes uh discussion uh and review of the um zoning board and appeal regulations that Dan was just talking about we had adopted or instructed to move forward with a number of different things at the

last meeting there is nothing additional to that at this point in time so at this point there should be no additional discussion unless there's something that one of us wants to bring up or you wants to I thought we were tbling the discussion so that um could see we wanted to uh I think he was talking about talking about number of limit yeah and he said they hasn't done anything with it motion to table then I

think it's an open revolving uh fluid discussion discussion I think it should be should be it could change six months at a time if something needs to be addressed right then I'll accept a motion that we keep the discussion uh and review of zoning board appeals regulations as an open continuous um item agenda until it needs to be agenda item until it needs to be removed so moved second and

second on that all in favor I I keep it simple citizens input I don't think anybody filled out anything an approval of minutes mot table minutes Dan made a motion to table yep get a second there be a motion to table second table and a second on the motion to table the minutes uh all in favor I I opposed and uh that brings us to adjournment motion to adjourn amen

second hi all in favor I hi anybody opposed can just sit here can stay here guys