8.18.2022 Zoning Board of Appeals

good evening i'm david assad the chairman of the zoning board of appeals for the city of fall river it is 6 p.m on thursday august 18 2022 we are meeting at one government center in the first floor hearing room pursuant to massachusetts general law chapter 38 section 20 subsection f i hereby notify all persons in attendance that this meeting is being recorded with both video and audio devices

fall river government tv craig salvador is recording both the video and audio version if anyone desires to make an audio video a combination recording thereof please notify me now and i shall make a public announcement of your intention our recording secretary this evening is nina kruger the lady to my right present this evening our permanent members john frank james corkin joe pereira and dan du pair

also present is the city engineer and acting overseer of the planning department mr dan aguiar the gentleman to my far left nina have all petitions to be considered and properly advertised in all interested parties notified in accordance with the rules and regulations of the zoning board of appeals in massachusetts general law chapter 48 as amended yes i declared the august 18 2022 regularly

scheduled meeting of the zoning board of appeals of the city of fall river opened for such business as shall regularly come before it i remind all persons presenting before the board including the petitioners or butters anyone in support or anyone opposed to the petition that your presentation should be limited to three minutes questions and responses must be directed through the chairman

the board's rules and regulations direct the board to specifically look for information which supports the petitioner's claim as such the petitioner should identify and factually support the basis for the petition i hereby advise the petitioners and all interested persons that this board is the zoning board of appeals this board's authority exists pursuant to massachusetts general law chapter 48

and is limited in scope and deals with the use of land as regulated by chapter 86 of the ordinances of the city of fall river additional permits licenses reviews and or approvals may be required for the specific development and or use which is the subject of the petition before the zoning board this evening the clerks in the building planning engineering and licensing departments

are competent in the discharge of their duties as clerks they are however not lawyers and are not competent to give legal advice the action taken by this board has a real and lasting effect upon the title 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 2015-11

section 10-1 requiring site plan reviews a copy of the ordinance is available at the city clerk's office or from the planning department i remind everyone that the building inspector is the zoning enforcement authority and you are here this evening because the building inspector has determined that your proposed action is contrary to the city of fall river zoning ordinances the city charter section 9-18

mandates that all multiple member bodies develop and adopt rules or policy for public comment we have adopted such a policy which in short provides for citizen input on zoning board specific matters at the end of this meeting i just there's a sign up sheet on the table in the back in the hallway i disclose that an official copy of the four of a zoning ordinance is available at the city clerk's office

one um cannot rely on the online zoning ordinance are there any questions before we begin hearing none we'll start with agenda item number one jonathan vasquez care of attorney joseph f patelo 95 north 7th street map n 2 lot 10.

the applicant seeks a special permit allowing the extension expansion of an existing single-family dwelling the applicant proposes the construction of an addition and conversion to a two-family dwelling the applicant also requests a variance allowing lot coverage and exceedance as required in the ordinance the property is located in a2 zoning district good evening good evening members of the board

attorney joseph patella with an office at 901 eastern avenue fall river massachusetts if you do remember this matter was in front of the board previously requesting a variant where it was pointed out that it would be more advantageous to file the request as a special permit due to the hard hardship requirement and the fact that the dwelling is already pre-existing it is up now the addition has already been

made i hope that recalls your recollection of the events so we have in fact refiled this as both a special permit for the addition that's already there and the variance to extend the driveway that runs alongside of the house to the back part of the property which is uh as you can see from the plant is a very large and sizeable lot so essentially the special permit is only addressing the building um the

addition that's less than 20 feet in requesting that there has not been any height the building has not been made higher it just went back 20 feet um farther from the street that was all that construction has already been done and as i've said to the board the wiring plumbing and the interior has not been finished that will be done up to code with all permits that are required from

this board and the variance portion as i stated is to request us to be able to extend the driveway that's already there off the paved driveway on the side of the building to the backyard to one alleviate the hardship of the parking situation that's across our entire fair city especially in the upcoming months in the winter this will allow all the residents of this particular dwelling to

actually park off the street affording more parking to all of the people in this neighborhood um this building is essentially behind the um uh what do you call the salvation army building honorably on on bedford street if you're not exactly aware of where we're talking about and um as the special permit does not require a hardship we are um seeking that the hardship for the variants that we're asking is for the

additional off-tree parking to alleviate the congestion we do have especially when we do have parking bans in the city um there will be uh no jet net metron to the actual neighborhood as from the front of the building you can't see the addition in the back it does not in any way harmed the neighborhood the building is not any taller it's essentially the same structure he just went back a

little farther in in the back of the building and went back by that 19.1 by 20.1 exactly rectangle yes and he's adding the proposed two-story deck 14 by 12. yes okay and that would be um that what we're requesting um and we would state that it does not degradate the purpose of the zoning ordinance as far as the special permit is concerned the structure does not affect the abutters and does not cause

any nuisance and the special um permit would not cause an impact or interfere with the ordinance also considering the zoning in this area does allow multi-family dwellings and there's a number of three family dwellings um in the direct vicinity and the um consequently also the variance we're asking for does not affect the butter does not cause a nuisance and in fact would be advantageous to this particular

um area as it would alleviate the problem we all face in the city with parking attorney patel how many off-street parking spaces are you proposing we're proposing at least three back there by the by the plan that i see three or four it looks like you could do four if i would be difficult there's four spaces you're saying two family uh based on our parking garden that you're gonna require

two for each unit so you need four and i just don't see it on the plan but can you accommodate four do you know yes we could if you see the plan how large it is back there um if one car just parked when we're they're going back um i can see that it looks like four parking spaces are available there but certainly a fourth one can be facing the rear end of the street and

the three other that way okay thank you members of the board any questions on this particular project the only question that i have uh attorney patel is that as i recall when this was before us because this was built yes yes it was has the building inspector or one of the inspectors been down to at least look at the framing etc yes so they they they are aware of it obviously because of this petition yes

we're actually here because we did bring this to the building inspector to get permits and that's when my client um was sitting behind me on this young 24 year old gender gentleman um that's when this actually became a problem and the city was gracious enough to point us in the direction to be here in front of this board today no plumbing no electrical nope that's not being used

in any way no it is not he is living he is living off premises no one is occupying the property at this time thank you you're very welcome so let me before i add is anyone in favor of this petition is there anyone opposed to this petition i know we got a letter of opposition from i believe it's christopher riley and i'll read that in a minute maybe i'll have nina read it but anyway

there's a letter of opposition from christopher riley but i'll bring to the attention of the board and anyone listening under 86 426 non-conforming single and two-family structures more particularly subsection b in the event that the building inspector determines that the non-conforming nature of the structure would be increased by the proposed reconstruction extension alteration or change the board of appeals may

by a finding and this is kind of important which shall not require a super majority required by general law 40 a section 6 allow such reconstruction extension alteration or change where it determines that the proposed modification will not be substantially more detrimental to the neighborhood than the existing non-conforming structure so the component piece dealing with the enlargement

from a single family to a two family i think may be governed by 86 426 if we find if we have a finding to that effect the expansion of the parking attorney patella has requested a variance for it and i think we can act on that if we want in terms of our decision if we find that the shape of this particular lot the topography i hadn't heard anything about soil condition and the hardship that

exists on this particular lot is such that under 48 section 10 uh we can grant relief um but that's a decision for the board to make so the only letter of opposition that i find in the firing room once i'm missing something else was or it was the same august 4 2022 uh christopher riley golden touch naturals llc uh 115 north 7th street subject jonathan vazquez 95 north 7th street dear zoning

board members my name is christopher reilly owner of 101 and 115 north 7th street and abutted to 95 north 7th street i am opposed to the above special permit application for the following reasons uh buildings 95 101 115 are built on approximately 18 inches from each other recently the owner of 95 lit a fire to burn building materials in the backyard when the fire department responded

issuing a cease and desist order this event illustrated the potential of a fire engulfing all three builds the neighborhood is also also has a high density of tenement housing with very little on street very little on street parking as a result the fire department had a difficult time uh accessing the recent fire 95 north seventh uh seventh lot size is approximately eight thousand square feet

with approximately 30 feet of frontage it is my understanding that this land does not meet the minimum requirements of zoning very truly yours are respectfully christopher riley golden touch naturals so that was the letter of opposition so yeah please um that gentleman was in fact here last um the last time we were if you look on the map he is the large building right off to the left uh that

building and my clients building are in that proximity anyway what i am proposing one of the one things he did address was the off street parking and um the fire department being able to get there this would in fact alleviate that any other any other opposition based on what he's saying the fire department would still have the exact same obstacle to get to get through because there's uh there already

is and in fact a driveway on the side the distance between the two buildings is still the same we're talking about just another 19 feet that so i i would suggest to this um honorable board that this does not in fact substantially affect it as the concerns of that citizen thank you thank you all right members of the board you've heard the input you've heard what the proposal is so under the special permit did he allow

him to do it has he again that's uh i think under 86 426 b we don't need a super majority but we do need the super majority if we're going for the variance so we'll do it in two parts let's see if the special permit gets oh dan do you have any input that you want to give us the plan itself actually indicates four proposed off-street parking spaces both in the table and the plan set

so if you look to the far left there's a table of requirements required for provided forces behind on the plan itself there are there are four dimension parking spaces there so i think they're covered with the parking with regards to the building itself the proposed structure has actually stepped back um additional distance than the existing structure so i don't think there would be i think it is actually less of

a non-conformity than currently sits for the existing building i would request that the board deal with the two special permits separately one for the extension of the non-conforming structure and then also for the extension of the existing non-conforming use and then deal with the variant separately okay and just so that just for record keeping um the abutting property 115 and 101

have obtained four variances dating back to 1980 for use in the residential district two additions that required variances and then the most recent variants for um a change in use for the business okay so he's come before the board and gotten relief your butter hands all right so i think we'll adopt uh dan's suggestion we'll we'll do two pieces uh for the special commit and then the

last thing we'll do is the variance so if we want do i have a motion to grant the special permit for the change of use from a single family to a two family by way of a finding that the non-conforming nature of the structure and i guess this would be an alteration or extension uh it's not substantially more detrimental to the neighborhood than the existing non-conforming structure if we say yes

then we should grant it if we say no then it should be denied i would think we would vote to create the building before we both talked about it to create the change of use from a one family to a two yeah the first i mean to allow the building of it first and then but we don't necessarily tell him he's going to be a two family yeah yeah wow

okay so do that so break your motion and do that i don't know yeah yeah as long as we tie it together yeah i will move that we find that it is not more determine substantially more detrimental and that uh we grant the alteration or the reconstruction of the building yeah the um argument okay so that's jim's motion do i have a second on jim's motion second joe pereira any discussion on the motion hearing none

john frank yes jim carkins yes dan japer yes joe pereira yes chairman assad yes okay so that piece the building special committee is granted on that with the finding now how about the changes the move that we having permitted the building of it that we permit the or that the use of the two family would not be more substantially more detrimental to the area and that we grant permit special permit

okay so the second part of it is jim cawkins makes the motion for a change of views from a one family to a two family to have a second on that motion second as well second joe pereira any discussion on the motion hearing none john frank yes jim carkins yes dan duper yes joe pereira yes chairman assad yes okay now we'll go to the variance stage of it granting a variance as he met the

standard under 48 section 10 that this particular hardship shape and topography warrant a granting of a variance to extend the driveway and i think the the really isn't waving any dimensional requirements required it's just the extension or into the rear of the line is an area so this is not covered in the exception i find that the need for the additional parking uh justifies the need or the variance and

move that we grant the variance for god coverage variance variance for lot coverage jim carkins and he just second on jim cawkins motion second second joe pereira discussion on the motion mr chair yes sir i have one question good now did they say that the decks weren't constructed yet no i think they're proposing to build the decks the deck's not there are they no i don't believe the decks are there

so they're not there yet so don't you only have to come back to our variants to build the decks too unless we grant that as well i would think that that's included in the so if we want to go back no no so if if we want to go back to make it clear the fact that you're raising it i don't want the building inspector and i don't want him coming back for 14 by 21 deck

so so let's let's deal with the variance then we'll go back and modify that first one to include the building of the deck is that thank you i'm glad you brought it to my attention to the board do we need to specify what percentage of spot coverage

so jim calkins motion we had a second from joe pereira i believe yes no any discussion on that motion okay hearing none john frank yes jim carlkins yes dan dupia yes joe pereira yes jim and assad yes okay so the variance is granted we'll go back and move that we modify our the special purpose that was granted for the uh extension of the building to include the addition of the deck okay so

the so the motion is made by jim cawkins to modify the first special permit uh for the extension of the building to include the 14 by 12 deck as shown on the plan um i will second for the sake of discussion right now okay so in discussion it's it's shown it shouldn't particularly mention it but it's shown and that's that's what we voted on is the plan that's before us

that's correct so maybe this is kind of a safety net uh addendum to the to the original motion but it's here it's here according to the plan yeah but the fact the fact that dan had to ask that question make sure let's let's make it let's nail it down so it's so that's jim corkin's motion to make sure that it's there as a safety net that as shown on the plan the deck is also

included in that grant of the special permit okay so you seconded it yes any discussion on that modified motion that motion to modify number one favoring none john frank yes jim cawkins yes dan dupia yes joe pereira yes chairman aside yes okay okay you're all you've got your special permits you've got your variants you're trying to tell us before you leave not a zoning related matter the city sent the property owner

a nuisance vegetation letter regarding o'grady street vegetation from his property that has encompassed the um sidewalk we're asking that he take steps to remedy that situation quickly and i will contact your office right first thing and let me find out exactly how it is the process the way that it happens and it was you know elaborated in the letter if he doesn't do it we will hire someone to do it and send

him a bill so this is an opportunity for himself and then it would be a lien and then what he wants so thank you thank you mr chairman madam clerk members of the board thank you for tuning in thank you all agenda item number two evelina costa manuel furtado e m properties llc care of attorney mark l levin 162 170 french street map 004 lots 18 and 57.

the applicant seeks a variance to redivide the parcel into two lots leaving an existing single family on one lot waving area frontage coverage front yard and side yard requirements and an existing and an existing two-family dwelling on one lot waving frontage area lot coverage and side yard requirements in an a2 zoning district good evening attorney eleven tell us what you'd like to do mr chairman now

the clerk remembers the board uh attorney mark l 11 138 rock street for massachusetts uh my clients um evelyn lacoster my own frittata bought a single-family home and then in a corporation e m properties llc they bought the adjacent property they came before this board in 2006 to re-subdivide these lots so that they would add a little more land to the two family because there was an

encroachment in the back of the property where the deck on the two family was on the land which was an odd-shaped lot that a single-family lot at one 162 french street it the deck was on their lane and that's an l-shaped lot both lots of odd shape they're pre-existing for years and although they got a variance the last time they probably could have got a special permit under the statutes since they've been there

before sony they after they got that they went to the planning board got a plan required that plan unfortunately they did not realize they needed to transfer a title from one property to the other so that the variance laps because it wasn't exercised by actually changing their position because the law is just recording the variance in a plan is not sufficient to change their position so we're here to

re-subdivide the property so that i can remove that little area in the back where it says old property line so that you see where the patio is on the back of the two family it will be on its own lot instead of encroaching on the abutting lot the nice part of this it creates well at least as to the single family a nice clean uh triangle a lot uh the rectangular rectangle

the other lot is in shape they both can have sufficient parking as required by the zoning bylaws i mean they are pre-existing um where they're they're odd shape for the entire neighborhood in fact by its own thing and the placement of the buildings are such that they're unique that obviously you're not going to tear down the building to rebuild it in a location in a different location so we're asking that you

allow us to exercise uh buy a variance uh re-subdivision because i can't go back for a special permit because they already did a variance before uh to allow the transfer of that small area to the two family to conform to the plan that was actually put on record uh back in 2006.

maternity level you're showing proposed driveway and parking yes so we're going to we're going to now create some parking there to make it that's correct presently for the single family there's no off-street pocket that will be added to the property you're creating two nine by twenty two spaces that's correct on the other property there's there's a whole area in front that's all park you know paved areas oh it says

existing driveway and parking i see that but the for the uh for the single family it never had off-street parking so they are now adding that to conform to the zoning requirements okay so you don't the what do you need relief for from well i mean it's as if i was i mean they are two separate lots but two separate owners but i need to take away the trying the l shape from the center

field so we got that the transfer is there but i'm thinking about the litany of things that you had in the petition so you need to wave frontage frontage out here for the single family anyway wave or so really it's if we use the plan yes and we waive all the dimensional requirements as shown on the plan yes that that'll work it's really just lot area for the lot of 162. right it's a small one that

all of the existing it doesn't conform here nothing changes yeah nothing so yeah i'm not changing anything it's just that that's right that's why yeah the litany of things that you wanted and all i'm finding is just it's the area that needs to get changed and i i don't think a lot coverage well maybe a lot covered just no coverage was you know 30 and i don't see that as being an issue anywhere yeah he didn't

mention that so i guess he made that i asked him if it did and i guess he does okay thank you thank you is there anyone here in favor of this petition is there anyone here opposed to this petition okay members of the board what do you want to do has provided us with sufficient information on shape topography you know the existing structures soil condition which i didn't hear anything

about uh has he met the standard of having the hardship and he's got that encroachment that exists if we think he has then we should have a motion to grant if we think he hasn't then it should be a motion to deny make a motion to grant motion to grant any no conditions required okay motion to grant john frank do i have a second a second second dan de pere any discussion on the motion

hearing none john frank yes jim carkinson yes dean de pere yes joe pereira yes chairman assad yes okay that's created

thank you agenda item number three joke women liliana dyers care of attorney mark levin 60 linwood street map c17 lot 86 the applicant seeks a variance to divide the parcel into three lots leaving an existing single family dwelling on one lot waving frontage lot coverage and rear yard requirements and to create two buildable lots for single family dwellings waving frontage area and lot coverage requirements in an

r8 zoning district attorney just to clarify the lock coverage is not an issue on this when they redesign the plan from what they first gave me they were able to meet the lock coverages so that's not a request anymore what my client has here is an extremely actually it's the largest lot of land in this neighborhood he the placement of that house where it's located in its garage makes it difficult to do much to

create anything that would conform to divide this property up across the street although not precedent setting um the board yeah i just i know that uh but the board did provide uh divisions of a large track of laying into smaller lots because it looked what the conforming and character of that neighborhood is this obviously lot of over almost 23 000 square foot feet with one house on it is

pretty large it is an odd shaped lot itself um the house exists already there with its garage so it's not like we're going to tear it down that would be certainly a feasibility of economics that would not work to cut it up and take it down so my clients are at a position that they do need to relieve themselves for some of that land in order to support themselves they propose to create

two lots there are approximately six thousand square feet they're short of the area they can meet all the other requirements sideline setbacks and the um a lot coverage but they lack the frontage obviously the lot in the back it's an odd cheap lot they didn't want to tear down their house and garage so it has a smaller frontage area uh this rear of the the building doesn't meet current zoning

so when i'm cutting it up i'm asking ask you know that we can keep that pre-existing 7.9 feet without tearing down the house each of the lots will have two parking spaces required by the zoning it's just that i am what it is it it's the largest lot in the area it's unusual for the shape and size of this neighborhood and the uniqueness of where that building is is such that it

prevents us to do a whole lot with the property except you end up with three non-conforming lines that's correct so if you said and i'm not telling you what to do uh i can create a conforming lot and the remaining house uh would be the non-conforming lot with the frontage so you get one with all the dimensional requirements eight thousand square feet eighty foot frontage twenty foot front yard fifteen foot side yard

and so instead of getting three lots out of it you get one conforming rod and the existing house would have reduced frontage by you'd have 60 feet of frontage instead of 20-foot driveway uh but that's that's just my approach to it i think three lots is like i understand this is what was presented to me and i'm no no i got it i got it but i'm just i'm bringing it to your

attention yes no way of what i see 25 pounds in a five pound i do see it but uh you know this is what the client asked me to present and you know i tried to do my job to present no no that is your job i'm just asking the question whether or not that that was just that's the chairman's view i can't speak for the rest of the board no but that's that's what i see

and just i don't remember all right six thousand okay members of the board any questions on this particular presentation yeah council did you discuss that alternative or any alternative with your client before i did originally ask them if they would want to modify this but they surveyor was adamant that they that this was a good plan for the neighborhood so i was left to what i was like we got that

answer that that's it that's what he's got that's what he's asked to present yes okay john anything any questions no jim if the board feels that this is inappropriate i mean let's see is there any anyone here in favor of this petition is there anyone here report you're in favor of it sir you're probably the owner yeah anyone opposed to this petition okay well that's what we've got before us have

they met the uh the burden of chapter 48 shape topography soil condition hardship concerning the land not a personal hardship and i understand uh what attorney levin had said that this would be good to create a lot sell it off one or two lots but personal hardship does not rise to the level of hardship for a variance and before i go any further dan is there anything that we should know from a

planning standpoint uh just that although the director butters um all far exceed the minimum lot requirement the lots across the street were granted relief and the relief that was granted to a number of those lots to the lynnwood and whitefield have resulted in a substantial drainage issue for that entire watershed area that the city has had to take responsibility for and make corrections too

so the grant of this relief may exacerbate that issue if the board does want to move forward with with the petition i would still include the proposed lot coverage variants because the calculations provided deal only with the footprint of the house uh do not deal with the off-street parking spaces that may put you over the 25 percent so okay fair enough i would just leave that in there

just so that they when it comes to site plan review they don't have to come back when they find out that they've exceeded a lot of coverage so if we if the board chooses to grant then we should include that component okay all right members of the board has he met the burden should motion to grant motion to deny i'm at motion to deny joe pereira motion to deny do i have a second second

john frank chairman assad yes motions to motion to deny is granted so thank you you want to take his number seven so that he doesn't have to yeah that'd be great if he could yes i'll be happy to let's get involved producers so number seven tuscan properties llc care of attorney mark 11 145 globe street map h13 lot one the applicant seeks a special permit to convert the second floor into thirteen residential units

leaving the existing commercial offices and lightning flight as in not heavy manufacturing uses on the first floor relief from parking is also required this property is located in an r4 zoning district journey chairman again attorney mark levin member board and clerk

i would like to correct the advertisement i i know that came from the building inspector but we're not asking for any parking elite weeks we actually exceed what the parking requirements are somehow he put that in it wasn't in my petition uh but he did add it into his but just you know we're not asking to waive that we we conformed the pockets i'm going to ask you to do the mathematical

calculation because i come up with a shortage of two spaces well the the uh the engineer came up with this this is the one that provided on the

there's two spaces out on globe street that's that's the two that i'm missing they exceed the minimum requirements but that's okay i mean it's less than we have to wait it's less you have to wait no no that's good no i'm glad because i was doing the math and i said i'm coming up too short okay well we have one extra so this is a very unique property

as you know in fall river we have a lot of historical properties that unfortunately have been torn down over the years to make way for development even though good intentions were some of the projects i've come before you on unfortunately at times the developers found the building is so bad that they had no choice but to remove that building this is one that we don't want to remove this is one that my client about 17

years ago purchased and improved over the years and have done major work on the property during that time what this property is is a building that was built somewhere around 1887.

it was a an industrial building back then there was no zoning in fact there it was an industrial facility initially at some point during the war there was a parachute factory in that building later on it was a printing company they've been professional offices there was a toy manufacturing business there now on both floors there is a hodgepodge of different light manufacturing offices and businesses

my client has found that over the years that the area has changed it obviously was zoned to family at one point and this property has always had this non-conforming use of this neighborhood the building itself is an extremely large building on an extremely large lot it doesn't make sense to do a new development by taking down such a historic building and lose something for forward's character to see this to

build a whole bunch of little single two family homes on the property or single families so my client has found that you know in in having businesses coming into the property and now having larger manufacturers that are interested in properties going into the second level of this property becomes difficulty for them they find it a hardship in that area that they can't get to the highway fast enough or bring

a lot of machines in instead of keeping this non-conforming use we're asking that we turn the second floor into residential uses 13 of them in fact they actually gave you the plans for the interior of those i told them they didn't have to but they did they're they're large units they're going to be comfortable units they're going to be high-end units the idea is to turn the second floor into these apartments

to reduce the business activities that are there now and provide different hours of day and night for traffic and this will be now housing the first floor will still have more of the commercial offices there and part of the first floor they're going to use for storage in a laundry for support of the second floor tenants we think this is a good use of this property we think that

the change of the non-conforming of this property to unfortunately another non-conforming but more compatible to the neighborhood is not substantially detrimental and in fact more appropriate yeah it's more appropriate substantially more not not detrimental yes and more appropriate to the neighborhood the neighbors have all multi-family homes surrounding it so we've provided for parking they will also have

handicapped parking made out of some of those pockets that aren't there they were making improvements to the interior of the property substantial to the exterior other than cosmetic uses there aren't going to be any changes to the property it's in a location that's isolated in fall river and it has become more residential we think that you know here is a way to keep a historical building not

take it down it's unique in itself that it's set on this property in this location and to take away something from fall river where you can upgrade it and have use of an existing building is profitable than to tear it down and build a whole bunch of two family homes on the possum so we're asking you for a special permit saying that this will not impair the neighborhood it obviously isn't

going to increase traffic or impair traffic because it is actually taking business activity away that comes in and out all day long in many evenings they do have businesses that have actually opened at nighttime uh presently and that'll be eliminated uh and this is not something that would uh pose a hardship to this neighborhood we really think that although it's a non-conforming one non-conforming use to

another this is more appropriate to make a residential than the commercial industrial uses that have been used for many years i'm one of the plans that i'm looking for right now you had a area designated as storage for tenants and that's that'll be on the that'll be in the first floor they're gonna have no but it's going to be exclusively for tenants it's not going to be storage area for any of you

yeah we so a condition that the storage area is shown on the plan shall be exclusive to the tenant use and not an expansion of the business act that is correct the idea was after they started with this plan they realized that these are nice big units they plan to attract you know families that will come in to live in these units and that instead of having using up space inside up in their own

apartment they'd have a place on the first floor to be able to bring things in and store there in fact we'll have laundry uh washing machines and dryers for them there so they don't even have to have it on the second floor that'll be provided by my client as part of the project all of the first floor uh commercial uses correct most of its office there is there's no manufacturer there's some warehousing space

there's an assembly company there's no longer now oh okay they're born man but we're not you're not eliminating that use you're not telling the lord so you you should keep no we we want to keep what we have got it done that's the first floor that's my music yes thank you i want to make sure that it's staying that he's not saying remove it i'm getting rid of the manufacturing part of

the assembly part whatever use is going on there stays on the first floor there were i think i think 11 units 11 offices god love you first floor there was a small printing business they assembled catalogs and such things that are in you know part of the printing process there is a group of professional licensed psychologists and an office suite there as well along with a psychiatrist

there is the office that i occupy as the owner and the carry-on with the business of managing the building um the second floor there is currently a dance studio the rest is vacant the rest of the first floor is also available for the offices and the print shop etc that i described so that's that's the makeup of the business of the of the building prior uses as mr levin indicated was a parachute manufacturer

and other there was a manufacturing components operation and a machine shop some years back i don't have a whole history of prior to that but the second floor commercial use will be abandoned that will now be residential that's correct we're not dealing with any change of use on the first floor no no no we're going to keep that intact as it is except for the storage except for the storage area that will now become

designated as exclusively residential tenant use that's correct that's that's all i wanted i wanted to make sure that we were doing this correct okay my concern was commercial use or manufacturing slash print shop whatever it may be underneath 13 residential units that's a problem for the owner of the building if you're going to live upstairs there's a three bedroom upstairs and it's a one-bedroom and

everybody else's two-bedroom so that's going to be his marketing problem it's like manufacturing i mean again it's more of traffic coming in for a truck coming in to bring in paper and taking it out the printing itself is a smaller operation but it does exist and you know as time goes on you know people why my client decide because this has been an area that is not as accessible and not as

business friendly because they can't get to the highway as much so a lot of people that have come in there look at it it's a nice little nice building too bad it isn't located down 195. so that's why he's finally got to the point that he wants to keep what he has they want to keep the professional offices yes there is a printing company that's i think the only one that has a real like manufacturing

but you know he wants to get rid of the second floor america now it's the big dance studio i just want to make sure that the board doesn't know yes with the first floor activity correct and whoever is going to rent upstairs they know what they're getting into that's not that's not the board's job to say hey you're going to go look upstairs above that's what you want to do god love you okay uh

anybody else members of the board any questions is there anyone here in favor of this petition is anyone here opposed to this petition well we did give you that i'm gonna i just let me make sure they're not sure so we have this statement of support petition of tuscan properties llc for special permit the undersigned being the buddhist and our neighbors of tuscan building owned by tuscan properties llc

to convert the second floor of the building and the present pre-existing industrial commercial use in order to commit 13 residential apartments units on the second floor with storage for occupants of the apartments on a portion of the first floor with the remaining portion of the first floor dedicated to light manufacturing and professional office use as at present hereby state support

for the same we believe this proposal will be of an equal or more appropriate use of the building and a benefit to the neighborhood so it looks like i have uh bento moniz 145 king street cheryl moniz 145 king street manual owls 126 king street maybe yeah street maria owls 126 king street and helen madirus 103 globe street so those of you you're in support of it here's it make a part of the record

so that's what we've got members of the board mr chairman i find that or move that we find that a special permit be granted that such reconstruction shall not be shall not be substantially more detrimental non-conforming uh use okay under 86 424 or 425 it's a tongue twister well we just need to be sure the record's clear when we write it up so mr amaral gets what he needs okay so that's your motions we have a

second second second dan ducat any discussion on the motion um do we want to make the condition that the storage unit is going to be exclusively for residential use as shown on the plan i don't see any deals okay it's your motion no okay dan duper second all those in favor dan dupier yes joe pereira yes john frank yes uh jim cawkins yes chairman assad yes mathematicians granted good luck thank

you very much thank you have a good evening

okay now we'll pick it up with the gender item number four agenda item number four first bristol court care of attorney petey peter a solino 37 park street right your honor i'm offended alphonse come on uh math g6 lot 25 28 29 the applicants seek civilians special commit to utilize the property as general medical and professional office spaces the applicant requests relief for lot size

coverage frontiers parking requirements and all setbacks in an a2 zoning district you attorney selena good evening members of the board my name is peter celino my office is at 550 locust street here in fall river and i represent the applicant first bristol corporation um the petition before you right now involves the former site of the atlantis charter school located at 37 park street in fall river

prior to 2018 when the new school was built out near the boyd center this school was operable there were 450 students 75 teachers there was no busing and there were 16 parking spaces the proposal is as depicted in the plans to acquire a piece of property from the diocese which is a portion of g625 to acquire a piece of property from st anne's hospital and or steward corporation g628 and combine those parcels with

g629 which is the charter school location the proposal includes the creation of 66 off-street parking spaces some of which are included in the parcel to be acquired from the diocese which again is g625 and then on the easterly side of the property the applicant proposes a parking deck with uh parking spaces at grade and parking spaces on the deck which total 39 spaces the it's submitted to you anyway that the

office use that's proposed is much less dense than what was there the overall plan for saint anne's hospital is to attempt to move their office space out of the hospital so there's more clinical space in the hospital and this use would support that mission it's also important that i know for the record that the project itself is contemplated to be an 18 million dollar rebuild inside outside

we're going to have approximately 75 construction jobs we're going to preserve a historic building but in that preservation we can mitigate some of the things that are in there such as asbestos in order to do so though we need the relief of this board in a variety of manners and i'd submit to you that the hardship in this situation is the site itself and the location of the existing building mere feet from

park street i have in my petition itemized what i think we need variances and or special permits for and the high level viewpoint here is that when you look at the lots from stuart hospitals and the diocese alone those lots would not be conforming as to size one lot would not be conforming as to frontage but when you blend them all together then i think we need to be talking about setbacks uh use lock

coverage and parking uh block coverage as you can see in the zoning table we certainly exceed the allowable lock coverage with the building that's there currently the property sits in an a2 district and as a consequence offices are not allowed by wright so we need relief for the use and then the setbacks of the proposed deck structure as well as um no i'm sorry strike that just the

proposed deck structure require relief in terms of setback i would submit to you that there's really not very much detriment uh to the neighborhood because the use is consistent with the uses made by for instance at the corner of middle street in south main the saint anne's credit union corporate offices this is what i would call regular hours business hours not high volume periods and low volume periods

again the proposal includes 66 spaces off street and i also want to note in my presentation that i believe nina has a letter of support in the file from tetral real estate which i emailed over of the project and the development in this area of the city mr tetralt owns a property on park street and so he was presented with this petition and was willing to give us a letter to

support it so i'm happy to take any questions from the board relative to the proposal before you or the relief requested or anything else that you may have of me g625 saint ann's church how much of that of that lot is going to this particular project 8358 yeah square feet so it's that it's that trapezoidal piece may i approach yes i'm not good at geography that's i just wanted to confirm that's

what's that's what's coming that's going to be the steward that's going to be this this is existing yes but that's going to be the parking deck that's true yes okay and this exists now as g629 that is and they're going to get merged all together into one launch okay yeah that's it thank you thank you all right thank you is there anyone here in favor of this petition yes sir

this is the first time i faced a hearing well it's nice to see glad you came out i don't think you're good okay tell us who you are i have a general question first of all yes sir for the attorney i don't know if that's part of my three minutes i'm allowed three minutes so you asked the question to me and go here and then he'll answer okay because we'll

that way we'll avoid any direct it's a very vague but it's put down on paper here the fact that you take the time to do it's going to be good yeah it says here um it's going to be used for general medical professional office space that means a lot it could be a doctor could be a chiropractor it could be drugs it could be anything whatsoever that's included in here and that's what i'd like to ask

what's going in here first of all okay i live just two houses down i don't want anybody next door selling drugs pharmacy i don't know no no i'm asking you is your objection to it so let's see what attorney celino has to say in response to that question in response to that question i'm going to say as follows the applicant is not the owner of the property as submitted to this board the

applicant has a purchase and sale agreement to buy the property it's conditioned upon the approval of this board and as a result we don't know what the ultimate use is going to be because unless we get the relief needed we're not going to buy the property you but you the representation to the board so that was his answer he doesn't know what it's going to happen but this is the general use but it seems to be

contingent on steward or saint anne's hospital usage to move their corporate their offices from the hospital proper to this new administrative building right to support the mission of the hospital it's going to be professional and or medical office but we don't know that right now so that's why it's written in the manner that but the but it's not steward of saint anne's hospital it's this third-party bristol

first bristol corp that's doing it correct that's the developer that is correct so it's not why this is not put off until we have a definite answer this is so vague a few people vote on this what's coming we still don't know what's coming it's a vague vape practice proposition here okay now besides that as far as parking is concerned yes i don't know where they're going to find a pocket

all main street is all taken by the nurses and people work at the hospital the sanctuary saint and sanctuary where i've worked for 30 years yes they can't even get in there anymore there's no barking all right so let's see what he says about that because i'm not done oh i wanted to do it piece by piece i can't deal with compound questions because if we do it piece by piece then

i can answer or we can get you answers i'm not through with parking though i'm not going to let you stop i'll let you speak thank you go ahead and tune in selena uh parking you know i again the proposal sir submits 66 off-street parking spaces with a parking deck that includes um in total 39 spaces did you see the plant did you see look at the plan if you want you could yeah i mean that's

why i offered you to sit down this is the plan this is the parking deck it's two levels as you can see on the engineering here it says at grade 19 spaces on deck 20 space where is this going to go right there right where you see it on the corner of pocket parking forest the corner of park and forest yeah here's forest here's park david you want to get his name in that dress

i'm sorry i thought i'm being reminded that you should under this room here right part of me first could i have before i let you leave i need your name and address going valicat 20 tax rate thank you no it's all yours keep going the length of this room even beyond that you can triple it because next door to me they're selling cars we cannot park over there that's the length otherwise the police comes

across the street in front of the of the school you can't park that either so that the rent another land no pocket another place is where the nuns are on the corner where they live you've got a parking place over there and they have that at one one space only you can't park there either that's all on between forest and south main now hahaha there's no parking oh i don't know where so wait a minute

you got to look at the plan because what you're describing and what this plan and when i drove around today uh my under my understanding is that there is this space available and they're going to provide these parking spaces correct where are you going to park off well as it is now my tenants have a hard time finding a parking place ahead of time i agree with that i saw that

today but if they develop this land as they're showing over here there's a total of i think 62 popular 66 66 parking spaces that are being provided off-site off-street 66 parking please look at you have to have a you'd have to they already have a garage which is filled on an osmo and three you already have that the parking ordinance which governs the type of relief that you need to grant

the calculations backed into what can be provided here would allow for 60 employees and the appropriate number of customer spaces required by ordinance with 66 spaces so if if they don't think they're going to exceed 60 employees then no parking relief is is required no no i i got that i'm not concerned about the parking relief but i want to make sure mr valiquette understands he's he

lives in the neighborhood and what i can't what we have you and i are having a disconnect when i look at the plan i see the numbers it's off street so they're not going to be taking up spaces on the street they're creating parking for the employees that they're projecting will be working either at that building or in the nexus but in the connection between this project and saint ann's or

steward isn't really made yet but the representation is that's the plan that steward is going to put or administrative offices and maybe some medical offices they'd have to knock down those two buildings in order to get space over there and then build several forms that's the only place they're going to have it because as it is we have there's a mis between parentheses there's a misunderstanding

with the owners and the tenants as it is very very good they they don't even know who who the people are they haven't met them yet nothing at all see this is all under which owners sir so the two buildings that he's got a three three decker in the back and he's i think it's i haven't been in no no wait a minute time out there's no three decades it is the

old dominican academy building or now i guess it's the atlantis charter school that's it that's no multi-family that's the there's no no multi-family it is he talking about the charter school itself yes that's what this is all about 37 park street charter school that's across the street from my home charter school yes yeah that's what this is about i thought i read in the paper just a few days ago that it was almost

sold for so a few million yes and they were going to put a free

the charter school has been in multiple locations right the charter school that's been in the paper as of late is almost intuitive on south main street i believe it's 2501 south main street that's the one over the top south main that's a different project than this one this project is specifically to what you would have remembered as dominican academy when my wife went to school adjacent to saint anne's church

that's that's what we're looking at here and they're building an additional parking lot in the front along south main and then in the back at the corner of park and forest they will be building an at-grade parking lot and then another parking deck above it similar to what primary care had built adjacent to their mailbox one more question people planning to buy the building and then build and make a parking lot

yes sir uh to reach for sale i'll answer the question so the what they've proposed what they've given this board is purchasing sales agreements that they have with the owners that they are going to buy it and take title to the property that is correct if that's the case i agree thank you i thought he was going to do it on one of the the apartment building no sir no if it's the charter school go ahead

sooner or later they were going to get it and they go they'll get the same answer uh saint and shirts too eventually okay that's gonna work well that was what i thought was happening when i saw that number but the assessor's mapping locked but the church is staying for now but thank you for coming out we need your input thank you you live in the neighborhood right i don't hear what they say only with

this one i'm 91 years old that's good that i don't take drugs i don't have any drugs only eye drops so i thank the good lord for this every day so we're looking forward to this so i'm glad it's going to take place all right sounds good good professor of french teaching you'll ever find in the form of a school department for many years good that's cool okay so now that we've got is there anyone

else in favor even though okay attorney ken viola can i grab my water for a second yes mr chair are we supposed to be standing up in fall river now the only guy that sat down he's standing up you'll go good all right mr kawkins thanks i don't know if we changed the uh your honor yes sir we're gonna get yeah we're gonna get electorate for you so we're gonna have

to stand and dance so for the recorder my name is ken faiola i'm the executive vice president of the bristol county economic development uh consultants the uh formerly the fall river office of economic development and as many of you board members know i periodically appear before the board either in favor and opposition to projects that are close to or in within the urban renewal river renewal areas

that the redevelopment authority had developed over the last few years in this particular case this property lies just outside of the downtown urban renewal area but a lot of the facets pertaining to this project also pertains to a lot of the properties located within your renewal area so i'm here tonight to speak in favor of this project primarily based upon a few different um considerations uh the

first consideration is the fact that this property will have a much less of a detrimental impact on the neighborhood than what was currently there as attorney celino's indicated when the property was being utilized for the charter school you had over 400 students that are attending there on a daily basis none of those children were transported to the charter school by bus they were all dropped off by their parents

and you had dozens of um administrators and teachers that were also there in parking on the street so the congestion and the turmoil around that area during the hours of operation for school was pretty intense you know i think anybody would agree as you tried to drive through that area at that particular time on the second consideration is that right now this profit this property is owned by

a non-profit and some of the other you know participating parties within the sale uh namely uh the uh the uh the diocese uh neither one of those entities paid taxes to the extent that relief is granted for this petition this property will actually become on the tax roll and taxes will be generated as a result of the property being converted from its current use to a new use which is primarily office

thirdly i'd also like to be on the record is that this property is currently zone day two right so we all know i think the board knows certainly and maybe some of the people in the audience here a2 is multi-family so if there was a developer that came forward and presented a petition they wouldn't even have to put a presents petition but developer could come forward pull out a building permit and

convert that to residential use without even having to come before the board for relief so you could have many more parking spaces on the street than as opposed on site and you would have a different type of use there that's currently there and there's no guarantee that there would be mockery housing low income housing or any other type of housing but it's for that particular use of housing um so

and it's also could as we as recently evidenced by the charter school um the charter school is there as being an educational facility which is zoning exempt you could have another non-profit entity coming in which is zoning exempt and have the right to occupy on that property and that may not necessarily be an educational use it could be another use which could in some people's opinion or maybe other people

pin who could have a more detrimental impact on the neighborhood so i think you know when we look at this project you look at the preservation of the building itself when you look at the fact that the proposed owners are taking the necessary steps to incorporate parking on site to relieve some of the parking congestion that's there the fact that these administrative offices are going to be moved from the

campus of stuart over to this area and allowed the campus to grow a little bit more for different types of procedures i think this fits within the confines of logical growth and when you also add in the fact that stuart you know why you know it used to be owned by saint anses we all know and they didn't pay any taxes stewart is a private hospital which is probably amongst the highest taxpayer in the city

now as well as one of its biggest employers i don't think and i grew up i didn't grow up far from this area but i grew up in a neighborhood a couple blocks away my sister went to d.a my family went to dominican academy so i'm very familiar with that location and if i thought this was going to have a detrimental impact i wouldn't be before you today i think this is a good

sound plan for the reuse of this property in accordance with the type of economic growth that the city is trying to accomplish via growth in a health care industry without having a negative impact upon surrounding properties granted change is always you know problematic and on people get afraid by change but we certainly don't have 400 students here okay it's not it's going to have much

less impact than it previously had so for those released for those reasons you know i'm hoping that the uh the board will consider uh approval of the position that's before them tonight thank you thank you anyone else in favor anyone yes sir 48 o'clock street which is directly across the street i'm the only single family uh home on the street um i in in favor of this um the building is deteriorating

because there's no upkeep um the especially the roof portion every time there's a windstorm it seems like there are shingles on the street so i believe that this would be uh a benefit to the neighborhood uh to the city of fall river um for several reasons that have been pointed out i i have off street talking i understand mr valiquette's concern um uh you know i know there are other people

here who have to have off street parking so um you know i just hope that that's kept in consideration as the plants move forward but overall i i think this would be um an excellent addition to the neighborhood thank you mr hound thank you anyone else in favor of this petition anyone opposed to this petition yeah so stop madam i'm going to let you speak less i'm going to start with the

gentleman behind you and then you're going to be the last one to speak in opposition identify yourself please sir hi boyd um i'm losing slovak um we're all about that i address mr lava sure 34 park street okay my concern is me coming home like three or four o'clock in the afternoon for work and there's no parking so right now as it is they much parking come two o'clock in the afternoon

because everybody from the st ends parked there and so i waited outside for like a half hour 45 minutes just to get a parking space so would this be more difficult or so if you if if you heard attorney celino's presentation there are 66 off-street parking spaces that are being proposed for this project okay so they are creating off-street parking to alleviate the on-street parking issue that existed

with the atlantis charter school and i'm trying to think whatever activity was there but i guess atlantis was probably taking up the most amount they were there and if there are and if there were people from saint anne's or from steward that have been parking on the street they've now created 66 off street parking spaces correct to take care of what's going for the renovation and the repurposing of that building at

the atlantis charter school okay so i it's not like they're doing the it's not like they're not they're proposing to do this development without off street parking they are proposing to create off street parking at least yeah may i just in response um the parking situation is clearly important to the neighbors here but it's not illusory as the city engineer pointed out all the parking spaces are

measured the city engineer requires that the aisle widths be measured and placed on the plan um so all of that is done this is not made up parking that we might be able to get this is all parking as per the bylaw in terms of the size of the spaces the aisle widths the curb cuts everything is documented appropriately the plans are stamped by a commonwealth the massachusetts professional land

surveyor and the reason why we have that stamped on it is that the board can rely on the dimensions and the calculations that are given to us so what no no i'm just making sure that mr levesque knows that so the plans as far as attorney celine are making the representation these are actual the board is relying on what mr richard j hood has stamped on these plans as saying the 66 all street parking spaces

that meets or exceeds the requirements of the city so this project whatever they're doing has 66 off-street parking spaces that currently do not exist they are now going to exist when this project happens if you're having difficulty talking after this is done i'm going to give you attorney celino's number at the office you can call him cool thank you boss thank you thank you sir my wife wife what of course you can

but i need you to identify yourself thank you so much um mr mrs jeff parham um we live at 34 park street first floor can you spell your last name for me p e r h a thank you okay excuse me um we've lived there for what about six years now i've lived there 10.

okay um do not own yeah i'm sorry we just didn't get the first first names natalie natalie jeffrey jeff john jeffrey 66 spots i'm not enough we don't believe something and i'll tell you why okay so that's going to tell me that there's 66 employees that are coming over from steward to occupy that am i correct i don't know that's that's the calculation the calculation based on the what's being proposed

yields and i'll correct me if i'm wrong then the calculation gets this project gives you they have to have 66 to make this project work okay well the 16. so so you have it you have an ordinance in the city that says this project how many parking spaces do you need based on what that project is what they're showing the model the mathematics say you need 66 paces they've got 66 spaces okay well

that's not enough so i got it so you tell us why because right now we have an overflow of saint anne's hospital that unfortunately we can't control it's public parking i get it i had asked numerous times for someone to come and maybe put the lines like we have on middle you know middle street where they have the line okay well that was denied that okay nobody even called me back

um we thought maybe at least if people had direction on where to park their car maybe we could fit a couple more people in well we were told no um and then um so when you tell me you were told no and i'm not looking to stir the crock up from the police the police department yeah police department yeah even when it comes times i mean it's not i'm just trying to i'm just going to

take a look from the police no it was from the police department because at least i was looking for direction somebody that who can i call can somebody help us you know as residents because it's pretty bad it's a struggle it's a struggle every day it's a struggle and unfortunately stop you for one second i just want to ask a question yeah it would be traffic department wars yeah okay so before you leave we'll give

you the name of the department that maybe you should call but please continue um even though this is the zoning board no i know and thank you and maybe i'm venting a little bit no it's okay listen madam you tell us you you live in the neighborhood we need to hear if there were ample parking okay then it would be a good thing because the building is it's you know what i call it

the world's largest birdhouse it's in poor shape it's so bad that i honestly if i had had a child in that school and my child had developed upper respiratory issues it would be because of that school we sit on that parking we sit on our porch and we have a beautiful porch and we watch and pigeons and pigeons and pigeons the wind storms we have slates out of that roof is slate they slide right off

it's amazing that nobody's car is you know damaged so if there was ample parking enough that we were comfortable when we came home yeah it's a great idea but i don't think 66 is enough there's going to be severe overflow and it's going to be an issue again never mind winter storms um which is another thing that's coming up sir uh the feast oh you if we move our car we will never

get it that's a disaster over there uh it's not like metal it's not residential i believe middle is residential i'm not positive on that but my wife said the lines the lines would help because then if you have lines you have direction um there's it's just there's it's there's not enough we don't think that 66 will be sufficient uh yeah we have we have an ordinance yes we have a model the calculation says 66 is the

number you are you are articulating that you think there's more attorney celino is hearing that the people that are in i don't know whoever is listening to this particular project may be listening to it but in terms of the model they meet that part of the model that says this is how many parking spaces you need in terms of the rehab of the building listening to what you've said and what mr harrington

said it sounds like the the development or the redevelopment or repurposing of this has to be good for the neighborhood versus absolutely i think we all i think for the building itself yeah so so when you do the weighing you know maybe you need more parking spaces i don't know but mathematically when we apply what we're given in the ordinance and say this is your proposal this is how many you need you need it

that that's it really that that's a check mark in terms of okay we've got the parking taken care of the issue about the the rehab of the building it sounds like they're going to spend a few dollars to get it fixed up and done so i suspect some of the issue with the slate roofs or whatever is slate or otherwise and the pigeons are probably going to be corrected and you've got

this another six the parking on the corner of park and forest street uh a two-tier parking garage that has it it can't do anything but assist in uh in the pocket no i don't agree with that well i i do not agree with that if you do not if it could work that empty building full of pigeons is not what we're looking for the building itself i i agree with something needs to

be done it's very sad okay but how it's going to be done and what's going on the concern of the residents 508 two four yeah i get it two zero zero zero uh that's the main number of city hall yeah you want to call the traffic department about the the striping or and see if something can happen there but the police department i don't think have that authority i think that's the traffic department

but we've listened so as long as he's met everything and it gets approved it doesn't matter what a resident has to say madam i've just let you speak yeah you've listened we've got it on record what you're talking about this board has very limited authority there's an ordinance there's he needs some relief this is what they're asking to do some days i wish i had more this board had more authority but it's very limited

in what we can do you have city councils you can talk to you have the mayor of the city of fall river you can talk to mr aguiazz the city engineer but this proposal that's before the board this evening is here's this project this is what we want to do and we're providing ample one component of it is parking and they meet the parking component that our ordinance requires them to meet um they

will not looking for a variance of it they will need to be careful when they start it because there are falcons that nest um if you listen to what i said at the beginning of the meeting there are other there are other departments that need to be coordinated before this project starts okay this is strictly can you do this project yes or no mr chairman if i could good um additionally along park street there

will be uh two existing curb openings that will be closed uh and that will also provide some additional parking spaces on park street itself and then with regards to the falcon issue in the pigeons through the building permit process there is a bait uh program for rodents birds everything through the building that needs to take place uh prior to any work being done on the building so there are other procedures beyond

this narrow scope of zoning uh to ensure that those types of items take place okay and just just one last question and maybe maybe i'm showing my age but i remember when that first became a school and i was always told that the nuns had given it and they had said that that should always be a school is that not right i can't answer that can't answer that i can't answer that

question i didn't do the title the the simple answer is atlantis charter school i believe or whatever it is i'll just title to it and i'll speak to the title please do you want me to i was a board member of the atlantic charter school so the owner is atlantis educational foundation which is separate and apart from the educational institution privately fundraises etc so they have the ability to buy sell transact

business okay so there's no deed restriction that has to be i guess it was just one of those old wives tales all right well thanks for your time ladies and gentlemen thank you thank you thank you for coming thank you is there anyone else opposed to this particular project okay hearing none members of the board you've heard the presentation any more questions for attorney selena okay

motion uh so i guess what we have before is and i think it's um variance and a special permit the variance peter i think you've got outlined and the special permit was for the remind me again what the special permit was for well i checked both boxes to be a comprehensive special permit but if we did but if we granted the variance on all the items that i don't think we need and you don't need the

special requirement okay just being a zealous advocate i understand that but it's when i start thinking of all the things i just thought about it's i just couldn't come up with what you needed a special permit for variants seemed to do a better job of taking care of everything okay members of the board do we has attorney celino and this presentation met the requirements of 40a section 10

for a variance for lot size frontage parking use as a general medical and professional office space for the variants for the setbacks for the parking garage variants for lot coverage if we think he's met it and this is the purpose of this uh uh the purposing of this particular project then we should make a motion to grant if we don't think it's done it then we should motion to deny and not have any on it

okay mr chair yes sir i found this on the website sorry all right dan's repair i'll make a motion to grant motion to grant us we need to make a condition condition that it all gets merged into one lot when it's done yes okay so that's dan dupia's motion do i have a second second second john frank any discussion on the motion hearing none dan duper yes joe pereira yes jim cawkins yes

john frank yes chairman assad yes so that variance variance is granted so that project can go forward thank you this will automatically go anywhere absolutely has to go there's no dan is that there's no i don't know

agenda item number five the prokasanti group llc care of attorney thomas p killoren 323 william s canning boulevard matt c6 lot 33 the applicant seeks a variant special permit to allow the sale of alcohol and beverages at the proposed gasoline filling station and convenience store this property is located in the bl zoning district good evening mr chairman members of the board for the record attorney thomas

colon and represent the applicant prokishanti group llc as stated the property uh before you is at 323 william s canning boulevard the former site of the family foods grocery outlet which has been closed now for uh i believe at least a couple of years at this point we were before this board on june 9th so just a couple of months ago at that point the board did grant a special permit to waive some parking

requirements in terms of the location of where the parking spaces would be located as well as grant a special permit to allow for the gasoline filling station component since we last appeared before you one of the aspects of this proposed development is they intended to have beer and wine sales at the property in my conversations with carrie a ash over at the licensing board she did tell me that it was her opinion

that a special permit or use variance may be needed because we are located in the bl district she subsequently spoke with the building inspector and he was of the opinion that relief from this board would be needed you just that was my question because i couldn't understand why you were before the board because i think in the bl district 5 000 square feet general what are you doing before the board

asking for relief but if that's what if that's what mr hathaway the building inspector of the city of fall river said come before the board and get the relief so you get everything you need that is what mr hathaway said my initial interpretation was obviously different than mr hathaway so nevertheless we are back before this board asking for that relief which i believe would be a use variance um to allow for

the sale of malt beverages and wine it's not the intention to have it yeah it's not the intention to have all alcohol sales okay members of the board any questions anyone here in favor anyone here opposed okay motion then anything's kind of straightforward stuff i mean i think the board can move in in the direction of a special permit when we look at the the code in the table of uses it's

fairly vague but i'm pretty sure this is what the building inspector is is speaking to that a bar saloon or other establishment where alcoholic beverages are sold and consumed and without that was that was my issue that's really the only place that this would be called out that's right i would ask one to ensure that consumption is not to take place no it's a consumption right consumption

would not be taking place on site and that a um on-premises sale i believe that case scenario a special permit and then what's odd is that that section again it says but which is not licensed to prepare or serve food yes so it's not a restaurant no but you do have the ability yeah they have there this is about as close as you can get to saying where you need relief right sort

of to be covered i think you're moving appropriately no no i i think give it i think you're correct i think maybe glenn is correct get it so you're covered so the license is covered and the project goes forward but that's i was having difficulty trying to get my head around why you were before the board why you needed it because in the bl district with the retail sales and you weren't

consuming and drinking alcohol on the premises right so okay so that's where we are but if it uh certainly if mr ragia thinks it's a special permit then we did check both boxes um the denial letter said special permit slash variants so i i wasn't 100 certain on that i thought maybe would be in the nature of a use variance but if it's a special permit obviously that's that's fine as

well if that's what the board feels i'm of the opinion i'd rather i'd rather if i was i'm not going to tell you how to practice i prefer a variance than a special permit that's the way i interpret it but who am i to coral with mister i only have concerns with regards to an appeal that the grounds for variance may not be met and that on an appeal you may lose whereas a special permit

that's rarely do certainly there's a different standard you can grant both if you don't no no i i got it but there's no no reason to grant both i mean we if we grant the special permit then it's a special permit if there's a change of circumstances they can come back before the board so and the standard for the special commit on that would just be a finding that it's not more detrimental to the

neighborhood than what's currently being used so mr chairman i move that we find our grant a special permit as the proposal is not substantially more detrimental to the area to the neighborhood than what's there yeah okay so that's jim clark's motion to grant was that a second i heard you from john frank john frank second any discussion on the motion hearing none dan de pere yes joe pereira

yes john frank yes jim calkins yes jimin aside yes great okay special special permissions and wait a minute the special commit would be a grant for two years no no consumption in two years huh no consumption of alcohol in two years that's a licensing board issue but they can sell the petition is for to allow the sale of alcoholic beverages that's subject to the abcc but i'm saying the special permit so he's not

coming back in one year and saying oh i need probably it's going to go forward right away but give him the two years so he doesn't come to thank you they're anxious to get moving no no i'm sure they are but i just i don't know what's going to happen so all right thank you very much thank you thank you is that it for you tony that's it sorry thank you so long no that's good

so let's see anchorman cotter capital llc care of attorney peter a celino 75 5th street map n20 lot 55 the applicant seeks a variance slash special permit to convert the existing structure into 27 residential apartments the applicant requests a variance for front yard setback side yard setback and rear yard setback the applicant also seeks a variance and off special permit for parking

this property is located in a cbd it's only just me good evening for record purposes peter celino 550 locust street here in fall river i represent the applicant carter capital llc with me is scott adams uh scott can you introduce yourself to the vance engineering group so scott and i have tag team this project this is located at 75th street in fall river the assessors call it n20-55

to the cbd district it's currently a dilapidated warehouse style building uh really close to the street the proposal before the board this evening is to convert the existing structure uh to 27 residential apartments the variances that i see and i have requested are front setback side setback rear setback and a special permit for parking i know for the record that there is no lock coverage requirement in a cbd

district so i didn't mention that or talk about that and i also didn't ask for a use variance because in a cbd 20 or more units are allowed by wright so i think what we're talking about is setbacks and parking this evening to me as in a lot of these cases if you're trying to use the building that's there the hardship is definitely the location of the building itself uh pre you know private pre-existing

non-performing structure right along the sidewalk um if i have to make a shape argument for mr chairman's benefit i would suggest you it's a long and narrow sort of lot with the building encroaching almost on the property line i don't really think there's any detriment to the surrounding neighborhood in this circumstance here we have a vacant building that sits near the bus station we have

a mission here in the city to create a more walkable downtown with livable space and millennials and young professionals that take public transportation and i think this proposal is in harmony with that mission um so i'm happy to go over anything in the petition that the board would like to hear and i'd like you to hear a little bit from mr adams relative to the proposal and more of the construction

side and parking layout etc uh thank you so as the board is probably aware the majority of the existing parking is to the rear of the building a lot of these lots were combined at one point subdivided there's a chain-link fence that separates um this lot from an adjacent um what is now basically a parking lot that is owned by another party uh the fence line is actually 2034

that's not as i was there and walking it today that's not part of that that's not part of this correct that's not part of this although that may come up at a future conversation uh with regards to possibly no no trust i was that i had the plans of when you're on site it looks like it's one of the same but it's not um so part of this application obviously

we did a boundary survey of the site to determine where the properties lie they actually our client initially thought the chain link fence was the property line it turns out that it's slightly inboard from that so the access to the rear starts off at 22 and next down close to about 21. um the entire property is basically not is impervious currently there's really no landscaping mentioned up as part of this project

we're going to add about basically a landscape trip to the five feet to the rear and a little bit to the side around the parking area to reduce it to about six percent or so will be now landscaped area on the parcel there's eight spaces in one handicap space that's proposed on this there's a proposed addition for in a spot allocated for a proposed elevator for these units that are being proposed

we have cons you know concept level drawings that were provided for the floor layouts from the architect that's what we based our design on for parking um and we kind of scratched our head because we know it didn't meet the requirements right for parking so what's the best thing we can come up with this parcel was also as in a ao with the aog district i believe aod i apologize

um which allows for the use of off-site parking so we kind of came up with different options out of the box one of the options are is to utilize the basement of this property to maximize the on-site parking that we can do it's probably going to be very expensive to do so we cannot get conventional cars so we did do a layout for compact cars which would be 16 feet by 9 foot spaces

and we can get an additional 11 spaces in the basement of this facility and that would allow for some some storage some no parking areas around the stairwells and the elevator shaft so the maximum number of spaces we can physically fit on site is 20.

but then there are with respect to the off state offsite uses which are allowed in the bylaw under the overlay district there are numerous lots adjacent to this within a couple block walking distance one of them is directly adjacent to this so our clients intend to should this get approved we'll then proceed with approaching local parking facilities to hopefully get into a contract and a long-term

lease for whatever parking spaces are required above and beyond what is what can be provided on the site um so with the the use of the basement area and or off-site parking per you know a contract or a long-term lease for the required parking for the number of units that are allowed by the board we fully understand that we will have to go spend some additional time with the site plan review committee to do a full

site plan review for this that drainage and things like that will also be taken into consideration no that's that was my big concern as i was over there the 54 spaces that i think you need as a matter of right plus i think you need a couple of more for a loading loading dock i think plus one for if there's going to be anybody on the site employees but i don't know if

there's going to be any employees on site no employees in the majority of what is being proposed are currently proposed as single bed units so they were they were hoping and the application was hoping that we could get approved for a one-for-one space if the board wouldn't entertain that given the fact of its close proximity to public transportation directly adjacent to this is the bus station i know i almost got

run over by the buses today they keep there's that phrase while getting hit by a bus literally david assad walking on the streets over there today that baby came right out as long as it's not 2 am here my wife was she was already calling up cafe get the insurance money so ultimately the goal from speaking with our clients the goal of the applicant is to obtain a variance approval to get a

one-for-one um one unit for one space and then with hopefully the condition that we either finish the basement for parking and or secure the additional required spaces from an off-site contract as allowed by the bylaw the other thing that i noticed is up and down i'm trying to think whether the spring street browse treatment i'm doing this remember i should look at the plane but there was lots of no parking this

side of the street no parking here no parking there and then just on the next corners um it seemed extremely dense in population there were cars i mean it was wall-to-wall cars and yeah so i i believe the the fifth street street limitations are probably due to the turning movements of the buses so they can take larger swings to be able to get into that area but it was

tenant in the building uh for a defined period of time okay no i'm just physically out there this this afternoon just taking a look at it and it was i was trying to think it would be like with 27 units 27 people cars and congestion was just like overwhelming the intention would be to secure secure the off-site contracts for parking um there if you you know if you look at the

other photo there are but you don't have any you don't have anything right now we do not um this was the kind of the first step and then there there's so many opportunities i guess for for contracting people they feel confident there's obviously two city-wide parking on third street basically two blocks away you have an outdoor one then you have the third street garage i understand they can only have i think

one month limitations or something like that but just i don't think there was one there was a project for the old police station and listening to what that gentleman went through trying to secure those on off-site spaces and honorable inability to get them whether or not it was him his lawyer or whatever but it was just it was an uphill battle so and i realized that water and it's provides for that i'm not saying it

doesn't but they at least had a study that said this is how many parking spaces are available within 300 feet they had the concentric circles um and i don't think you can rely at least i don't think the board can rely on yeah we're going to use the whatever garage it is if that i mean i'm looking over there to mr fiola if that's going to get if he knows whether or not that's

going to get rehabbed that may be a very viable uh parking alternative but don't let me talk too much about it there no i was just going to ask i mean couldn't the board impose that as a condition yeah yeah they can't the boy we have we have lots of authority yeah yeah you know a bedroom count per unit i mean have they won threes it is a plan the majority of them are our single bedrooms

i think the board may want to condition a unit count that they're comfortable with no but i thought that's what he said that was going to be one bedroom and i think they're like there were it's probably easier to count two bedrooms than one bedrooms because i think the majority of them are so this is the top fourth one right so when mr adams is counting the board has the ability to act

under two sections of zoning one through the special permit grant of a reduction in parking utilizing on-street parking you also have the ability with the arts overlay district to require secured off-site pockets not street parking so whatever number of units the board feels that's what i was asking and the number of secured spaces whether it's one to one or one and a half to one

could be a conditional approval that no building permit be issued until those spaces have been secured for a certain period of time that the board should return so you do have the ability to condition this uh with whatever you're comfortable with yeah under 86 440 445 you can you can wait the board waves at the reduction or modification it's not inconsistent we can do that that's correct but we can't

make the condition that they have it in place as a condition of the grant correct if we think that whatever ratio you're comfortable but that one-to-one ratio and i'm kind of this doesn't really matter what i say it's not precedent setting the fact that we have used one-to-one on some of the projects it doesn't mean that that the ordinance is still the ordinance and that's really what we're supposed to be

going with okay so and there has to be some showing of why we should change that but that's just me because we want to develop the dilapidated structure yes i i understand is that so the past practice of meeting that requirement of one to one although not precedent setting in one direction it is also not precedent setting in the opposite direction of not meeting the one-to-one although it's been a general

standard there's no guarantee that that standard is satisfactory and there's also no precedent that that standard is not beyond what may be required so you do have the flexibility to you know the board has a lot but i just but i'm just saying with the fact that we've used it before sure it said one to one and less than and i know that attorney celino knows that i'm just thinking out loud about

once you open your mouth and say yeah let's do one to one on this project let's do one to one on all of them and it's zoning should be changed zoning should be changed uh something should happen number one units that's what i'm saying any exterior changes to the building uh yes as part of the proposal they were actually attempting to add on another floor to the building yes so there was an additional floor that

was proposed to be added uh which that floor is going to be kind of inset is that enough package no we don't have any of that that's why i was asking no those are architectural these were just kind of concept renderings that i was that i was provided so basically there would be an outdoor balcony along fifth street and i'm not sure what that dimension would be it's about 10 feet wide of an

outdoor balcony and then this wall would be set back and there'd be one two three four five units that would be up top those would be primarily where the two bedroom units are would be on the top floor uh and then there would be nine two bedroom units that's what the concept plans show he didn't necessarily tell me that they were set in stone so i'm kind of like wearing to say that's more on then you

get enough parking spaces for one point no they don't how tall is it yeah

the existing would be 29 and a half and the provider will be 43.5 okay and they actually did provide a rendering just to keep the board you know seeing it but rendering for what they were proposing what it would look like you know how the top step back so they'd have the balcony for the two bedroom units would be majority of the two bedroom units are on the top floor and the majority of everything on the

subsequent floors below are the singles i think like in the corner there were like two-bedroom units on the corners for a total of nine two-bedroom units okay it's a pretty picture it's not exact but that's what their vision is currently okay it doesn't talk anything about that in the application no no i know that that's so i don't i mean they can't i mean so let's talk let's talk about where it is

in the cbd district they can as a matter of fact 20 plus whatever so they can put flaws the issue becomes the pocket and the really incentive parking the congestion in the area um can i could i just appear because height wise even with that we're below the requirement we can go this way

and you may be able to wrap it all in um again just it wasn't advertised that way either presented to the board i mean the fact that they're talking about this but just in terms of just what they have with the 27 proposed units uh and what our ordinance gets at the mark we just went through the the parking model for saint anne's that project over there i mean this is mr chairman i

would suggest and if the petitioner agrees that we give them leave to withdraw to a further meeting to clarify or to correct the advertising and to see if any further information can be developed on the parking lot i don't know whether attorney selena wants to do that i know no no no no about about the upper i understand whether or not they want leave to do it but if if that's something he wants to do i

mean i mean you can argue that the fact that you know that it does fall within the building limits and if and if they're comfortable with getting a vote that may cover that then then just take the vote on it it gets a little gray too the fact that the additional portion of the building is going to be set back from the right of way 10 feet it you act it actually might meet

for the additional part it might mean this was the building inspector he didn't deal with that or he didn't know that there was a third thought going on um honestly dan i don't remember it's already mid july the side yard is 10 and the front yard's 12 so it's like i said they were leaving part of the roof line was going to stay and the additional portion was going to be set

back from the street by 10 feet according to the plans uh i mean setbacks for a building that was constructed over 100 years ago was i guess you know if it doesn't make the setback you tear it down then you know that's that's not the right yeah no no yeah no that's correct for the existing building the bigger the biggest pivotal issue at least for me i mean is the product that you shoot

yeah and the board can move with how the petition was presented if at some point the building inspector feels that they have not been granted relief with regards to that flaw and maybe you have to come back at another time just to deal with the third floor at least you can get the parking part of it resolved now and he may feel again he's the zoning enforcement officer i am not david is not you're not so

if he feels that the vote taken covers you for that construction activity you're going to say that submit a set of building plans right it's up for him to determine whether or not the relief that you obtain covers you for that so the board can the board is aware of it and they can act on the petition as presented and again plans is presented indicating 45 that's that's allowed that's at 43.5 it's it's clear on the

plans it's clear on what was presented if the architectural plans don't make part of the record which they should be because technically we don't have a plan i don't believe that shows the third floor so you may want to submit what you present the table of regular the table that was provided stated what the existing building height is and what the proposed heist is it might not have

been an elevation drawing on the plan but the relief was granted in the table for what was proposed and what was existing

okay so may i ask a question yes um when you're talking about parking studies earlier is that something that the board is concerned about i'm concerned about the so i can't speak for the ball i can only speak for myself on that issue right the the vanilla 101 is i have a piece of land i have a building on it the requirements require parking spaces i don't have it then we

go to the next level and say i'm going to provide parking spaces at some other location uh you you don't have it it's not before the board that causes me that causes me concern um the one the project that i'm thinking of where they were proactive and came in and said here's the here's the location here's 100 feet 200 feet 300 feet how many off-street parking spaces there are and we're securing

uh and i guess it wasn't the police station it was some i think it was it was another one that was dominated securing jeffrey tech was that one security accommodations got a combination of this and this and this and we had it secured and they came before the board with it and said we've got guaranteed this many spaces to take care of it because that was also in the octoberly district as i remember yeah

that that's just david assad speaking that's okay the word's attorney trying to see how make it work or do i have a problem and right now i don't know where i'm going then we ran into the the situation with the police station where they try and try and drive but police station i think is just like it's not a good model that was just the police state that's not that's not a

model to look back and say oh let's use this but but somebody can't i'm just thinking of who came in with it with everything no it's difficult and then you've got some development in the same area saying i've got 14 on-street parking and somebody else i got 14 on-street blocking and everybody's cleaning everybody's claiming the same spot yeah um if i may can i ask mr fayola you're going to speak about parking at some

point do you want to speak right now okay yeah can we have ken come speak sure i think that may address some of that just look it's only

come on down yeah there's no more down it's all level uh for the record ken fiola executive vice president of bristol economy abc and i'm here uh to speak in favor of this project um so this project here itself falls within the downtown urban reveal district and as part of that overall urban renewal plan there's a main emphasis about creating market rate housing to help offset and balance

the poverty levels within the um urban rural planned area itself in this particular area this uh there's a 49 poverty level it's one of the highest in the city okay and what this project is representing is probably somewhere in the vicinity of anywhere between six and eight and a half maybe nine million dollars a private investment to facilitate mockery housing at a location adjacent to the bus terminal

the issue of parking and i know it's not the issue before this board but it's an issue that needs to be addressed for by the city because you're going to have more and more of these projects coming forward when these buildings are being converted for residential use there's just no place for people to be parking off street so there's going to be on street parking or this needs to be some other

some other you know solution to the pr to the issue if you want to have these buildings converted in many instances you know throughout the commonwealth projects that are adjacent to bus terminals do not require any austrian parking now those may be communities the new legislation didn't come down as far as fall river for the mbta for the new zoning it stopped in free time no it's important

not the one that was just proposed but the mbta stuff yeah yeah that's what we're becoming ambitious yeah once we visit that because i didn't yeah when i looked at the map that was just once we get to commuter rail we gotta adhere to yeah so we're working the council council hasn't adopted that yet no but we've got in the mbta yeah they stopped at free time but we just

got put on notice that where we have to abide by that last week because that one because what you are saying it takes that restriction off that's right and so these are issues that are going to come before us continuously right and so i think what they're trying to do is help facilitate development of housing around these transportation centers whether it's the community or rail station or the bus station there are a

lot of people that still take that bus to boston providence and elsewhere so having a market rate project physically adjacent to that bus station is a good thing having a private investment of you know six to eight to nine million dollars at a property the census tract of 49 units is a good thing the fact that they're trying to facilitate some parking underneath i think is a good thing even if it's for compact cars

i was there and i've been going there periodically over the last two weeks like probably many review board members have as well to see what the parking situation actually is there and that stretch between the bus station and i forget what street that is spring is it's for the one that runs uh parallel to like um you know the one right where the corner is right where the fenced in ladders yeah spring street

says that string there's there's signs that say no parking no black and gold you could use that for off-stream parking the fact that you know uh liberty utilities has now sold the property next door there's probably an abundance of parking that could be potentially uh you know uh worked out something right across the street from that but i at some point we're going to need to figure out what the parking issue is

because it's not going away and you know it's not absolutely no no you're correct and you've heard me say this and i'm looking at dan as director of planning that's probably something that needs to come before the planning they need to make the change in the zoning by law and bring them before the council because you're absolutely correct it needs to change yeah same thing with that 82 district that's just like

right it is not good for development purposes we're trying to pegs put round square holes or something like that saying goes right and i think you know i hate to throw the baby with the bath water because we can't make it work because of this so if there's a way that we can conditionally approve this somehow i think that's a good thing if not i understand it i just hate to see these types of

opportunities fall by the wayside the other or maybe come back after something happens before they walk out with a denial well but that could be that could be months yeah right that could be months and you know so i don't think we want to wait once if we can have forget facilitate the rehab of a vacant bill that big that building's been vacant for 10 years what happens when it came to something

happens and i'm sure you know this and we all look groping forward there are lots of military it has to make the conversion they're not just going to get knocked down there has to be some relief and it has to be well thought out right and guys like you need to lead the charge about what are we going to do yeah this board you know quasi-judicial here this is what you've got this is what

i've got to apply we've got a little bit of uh discretion but not much no and i think the other the problem that you correctly noted is when we start you know no when we start cherry picking what we can do for this project what we're doing for that project even though it's not precedent setting the optics look like it's pressing exciting right and whether it's i don't want to name any projects by name but

it starts to get a little just convoluted of course right so again i'm hoping that there's not a denial i'm hoping there's something we can work with here i understand that we you know we got some issues here um but on the other hand you know i just hate this is also a federal opportunity zone which also facilitates additional investment in it so i don't know what the answers are i hate

to be sitting in your seats tonight because it's not an easy question especially in light of all the other things that have gone on with regard to pocket requests but if there's some way around this that we can get some life without a denial that's a good thing did you have any update uh in answer to the chairman's query on the third street bargain it depends on who you speak to right so

the urban renewal plan calls for the demolition of the existing third street deck and the creation of mockery housing there and construction of a deck on the flat surface of the third street lot okay so you take the flat surface slot you go up and you accommodate parking there we also have looked at it's part of the uber renewal plan the redevelopment authority has the ability to take the

property across from the police station by eminent domain and put parking over there for that entire area there right so there's also another big lot that has to be addressed is the saint anne school i mean the saint mary school lot which is sitting there in a state of disrepair and you know probably needs some attention right so there's not a lot of places to put parking and that's half the challenge

here you know and i think you know if you believe and i'm not necessarily subscribed to this theory but if you believe the futurist a lot more people are not going to be as as interested in owning cars it's going to be ubers and cars upon demand and things of that nature so parking won't be as big of an issue and some of these you know giant parking garages are no

longer going to be as valuable today as they once were right so i don't know if that's true or not if it happens in my lifetime or not but i just think that uh moving forward we just gotta come to you come to some recognition and solution to this problem so that it doesn't put everybody in these awkward positions and we got some sort of policy that was uh moves the overall issue

forward and this particular issue here i think if there's some way we can get some to some conditional approvals that may be helpful if not i understand that as well but i do think i hate to see projects fall by the wayside especially when there's the potential for investment in these impoverished impoverished census tracts you know just one of my components of one of my thoughts were going to be

reduced the number but it sounds like the number we needs to be expanded yeah yeah the model the model that we have the model that we have for the parking just it's just skewing it if you brought it down from 27 to something that was it was because then it financially well maybe there's a way we can bring it down to 20.

yeah i don't know i mean that's that's one of the reasons why i'm looking kind of did we come out i'm sorry did we come up with the bedroom account based upon the concept plans they provided there was a there was nine two-bedroom units now honestly i gotta say i don't know if that's the final design because i didn't do it yeah absolutely but that's that's the best information i've been provided to chose nine

you do better you wanna get clarification for that or do you want to move forward with what you're presenting yeah i'll get clarification so what that's 27 minus nine don't let me do math in my head how many bedrooms is that that's 16 18 18 200 units

i do think that this area does have more ability than the police station did to go seek out office of reserve off-street spaces in a closer vicinity than the police

are you confident that you can secure parking my clients are yeah so we've asked them we can condition like to see it well i'm just saying we can condition it like you said yeah they said they would accept the condition of yeah yes conditions how many cars i mean how many compartments yeah so that's one yeah which would be what 36 well yeah we'll go dead to the by law

well the bylaw is two to one no it's fifty four fifty four fifty four yeah but i was no i was saying um i had said like these two two on the two bedroom units two spots per those and then but if you're confident that they should secure them you know like you said conditions the building permit can only be issued for however many they can so i mean it's up to maybe 27 years

if they're going secure spaces to get them to a calculation of 24 units then that's all the building permit can be issued for so you you can give them that flexibility of go find some parking spaces but at least the framework is in place for them to move forward without having to come back right if if we do a conditional approval based on a number yes and then you are unable to

meet that number that is not a denial of the permit they can no matter so we're going to give them an equation so the equation let's just say the model would be up to this up to this and you give them the number and if they can't get that number then the number of units that they develop goes down if you want two spaces for a two bedroom unit and one space with one bedroom unit

that's gonna that's gonna give you a total number at the end of the day right they can back it in by how many spaces can we go get how many can we get on site it may be more beneficial for them not to renovate the basement and go secure 50 off-site spaces not on street but then the remainder of what you're not making them provide can be done on the street

which is similar to what's been done i i just wonder what failure to meet that would result in and you know so you're you're doing a proportionate number of authorities so the authorization is proportionate to the numbers okay i'll give you 2017.

i'll give you 27 units if you can meet this yeah for every one that you reduce it goes down to the number of years okay i thought yeah we were just going to the building department will govern no because if we're going to do that then we might as well just say yes or no black and white that's it but condition okay so anyway that's what we've got peter you're looking for some clarification from um

that's just my client um as far as kind of my thought process would be if you conditionally approved it on the receipt of off-street parking off-site parking and then we couldn't procure it could we not seek a modification for reduction in units you wouldn't have to ask where that's what we were talking about what we'll say up to 27 so the model would be with with a calculation of parking based

upon bedrooms site and office space parking on site and secured offset yeah so totally not on the street's gonna cover you for the remainder okay that's left over okay but secured on your site and secured on someone else's site yep would have to meet the equation of two spaces for a two bedroom one space for a one bedroom yep at the end of the day if you can only secure

you've got 20 on site if you can only secure four off-street spaces yeah then you've got to figure out how many units that is right so if you can live in that framework i think the board is going beyond what they would normally do to create this skeleton for you to move forward you've got it sounds reasonable yeah new precedence no there is no don't say that john frank no but kenny's absolutely correct

because that's the perception once we stop that that's what i'm saying we keep doing it you know what i keep saying no no no it's not but well you you did it here you did but at some points so but every site is specific in both directions it is if you don't have these streets with the models here's the ordinance this is where we're going and by the way you've got authority to change it why

don't we just i don't know 2000 because there are some locations in the city internal combustion assumptions there are some places in the city where there is no availability there isn't street so they should meet the demand of two to one so it really is where you are luckily they're in an area that there is i mean listen to those people over there on yeah that's a tough area that's tough i'd say

99 of the uh objections that we receive are being talked about but but without basis it was some yes well there's no numerical basis on behalf of the opposition right no no i wanted to ask well how many spaces do you think would be sufficient yeah there won't be a number let's go that's reasonable sounds reasonable to me as they can listen you can always come back but at least you've you've got one

bird right if you want i mean if you are looking for something tonight then make us do it if you're looking to come back to come back with more come back i'm looking to make you do it you're going to look to make us do it i'm going to ask that sounds off yeah and then the real guy that was your honor didn't even say that when you spoke right right all right you know

you're being recorded i understand that i'm just saying yeah i think the equation is way to go it gives them maximum flexibility without having to come back to the board yep that doesn't number and then yeah maximum number of units the equation is for parking and then the building department will ensure that they meet that requirement meet that requirement insight plan review do we want to share the maximum

number of units or maximum number of bedrooms well pete is calculating can i just offer an editorial coming up go ahead it's a wide open meeting right now this whole parking issue is like drives i think all of us collectively crazy one thing we have to get our hands on is inspection and i think this happens throughout these densely inhabited neighborhoods inspections of multi-family houses and how many

families are living within them that may be there illegally in terms of occupancy in terms of attic apartments or basement apartments all this other stuff and the impact could keep it i want this on the right that the impact that that had i wanted on the record that has on that neighborhood in terms of cars right so if you have a two uh free family and each family has two bedrooms and now you're renting those

bedrooms out for two families in each apartment there's a lot more cars that are coming to that neighborhood so one of the things that we're trying to press for as part of the flint german renewal plan is to try to get these inspections whereas state law mandates are supposed to inspect these every five years we haven't inspected these things in 40 years and so what does that do to the you know the exasperation of

parking in these neighborhoods because you have multiple families there that are just adding to that so this thing is a lot more complex than just meets the eye very much but

chairman i hope that we grant conditional approval on the proposal as submitted and that condition being that the maximum number of units be reduced if a parking ratio of two spots for every two or one spot for every bedroom is you want to do it once in one or two well per bedroom with a maximum of 27 units okay so that's jim corkin's model for the grant of this particular project a second second dan dupay

okay any discussion on the motion it is not a conditional improvement it is not a conditional it's an approval with a condition right

you provide for parking thank you okay got it okay got it dan japan yeah joe pereira yes john frank yes yeah jim caulkinson yes jim and assad so but it carries four to one fast and maybe we'll work on getting the planning points and change that well we have i mean no no we have one so now my first month i rewrote the entire zoning bible you used your three minutes

uh everyone we saw the minutes of july 21st meeting that nina had sent around are there any additions or deletions that i moved okay all right jim cawkins do you have a second somebody seconded second second john frank any discussion on the motion hearing none john frank yes jim calkins dan dupay yes joe pereira chairman assad yes motion to adjourn motion to rejection prepared second joe pereira any

discussion on the motion hearing none dan dupier joe pereira yes john frank yeah uh jim cawkins chairman assad yes the zoning board of appeals for the city of fall river is hereby closed thank you