9.15.2022 Zoning Board of Appeals

good evening I'm David Assad the chairman of the zoning board of appeals for the city of Fall River this is the zoning board of appeals for the city of Fall River it is 6 p.m on Thursday September 15 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 Four River government TV Craig Salvador is recording both the video and audio version if anyone desires to make an audio video or combination recording thereof please notify me now and I shall make a public announcement of your intention okay our recording secretary this evening is the lady to my immediate right Miss Nina Krueger

present this evening our permanent members John Frank Jim Hawkins Jan du pair Vice Jim and Joe Pereira an alternate member Ricky sahadi Nina have all petitions to be considered from properly advertised and all interested parties notified in accordance with the rules and regulations of the zoning board of appeals in Massachusetts General lawyer chapter 48 is amended yes I declare the September 15 2022

regularly scheduled meeting of the zoning board of appeals of the city of Fall River open 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 petitioners should identify and factually support the basis for the petition I again advise the petition is in 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 water 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 see 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're here this evening because the building inspector has determined that your proposed action is contrary to the city of fall River's zoning ordinances the city Charter section 9-18 mandates that all Municipal member bodies develop and adopt rules or policies for public

comment we as a board have developed and adopted such a policy which ensure provides for citizen input on zoning board specific matters at the end of this meeting I disclose that an official copy of the floor of the zoning ordinance is available at the city clerk's office one cannot rely on the online zoning ordinance are there any questions before we begin hearing none we'll start with all

business agenda item zero one Abbott and Farm LLC chair of attorney Thomas P kiloran 100 Weaver Street map T3 lot 15.

and this particular project I believe we received some communication from attorney kawara updated September 8th that says even though he's here I'll read you a letter Tom please be advised that the above caption matter is scheduled to be heard at the September 15 2022 airing of the four of a zoning Board of Appeals please be further advised that my client needs additional time to gather information to utilize in his

presentation to the board accordingly we would ask that this matter be tabled or continued to the boards October hearing which I believe is scheduled for October 20th 2022 Nina is that correct yes and encloses the check for 350 dollars to cover the tabling fee so he said if he wasn't here he was going to have somebody else here but we have the pleasure of having attorney call Lauren here in front of us

so we haven't opened this particular petition up we've taken no evidence it's stolen the administrative stages that's your request to table it to the October meeting that's correct so the Board needs to entertain and act on it but I'm going to ask you before we get there is October going to be sufficient or do you need more time and not that we're just coming coming I think there may be some

people here that uh so I'm asking the question whether or not October is going to be the meeting we go forward or do you need in addition that's a very fair question I I asked that of my client and they seem confident that October would be the hearing that they'd be able to go forward we should have this additional information by then okay thank you So for anybody who came in a favor or

opposed to this petition there is a motion made by attorney call Lauren for the purposes of saying rather than go forward and present their petition this evening they want to table the matter once again to October 20th meeting so they can do more investigatory work and present the board with more information so the Board needs to vote on whether or not we're going to allow them to

continue to October 20th or whether or not we say no we're not and we would go forward this evening or deny it so members of the so is there anybody out there that has any comment on the motion I'll allow if anyone is a yes sir Joseph Cavallo 400 Columbia Street yes sir so I was here in July and it was continued until today today so we keep kicking the can down the street that's where you're

hearing the chairman kind of ask Mr color and if this is it or whether or not there's going to be another one but to be just in terms of presentation it's not it's not your typical petition it's rather a large petition kind of complicated if he needs more time to do it I can understand the requests coming through but I know that you all have been coming on a regular

basis and I want to make sure that I hear from you or the board is from you before we take any action so if I may yes please I want you to continue so so uh July the day before the meeting and like I don't have the date in front of me um I called Farnham um and whatever the other name is on this company developer habited foreign thank you Evan and Farnam

um and when I called I thought that I might get a receptionist I'd identify myself uh and and I was a little uh taken back because it was a Mr Perez is it Lopez or Perez one of the principal's names is Edward Perez Edward Perez Edward Perez is what Mr colon is saying is the principal I'm looking for the articles of the organization but anyways Mr Perez that actually answered the phone in his car

and I told him that I was a citizen of Fall River and interested in in exactly what the project entails and I said Gee you know what are the plans like and he said well we don't have any plans yet and I thought that was kind of unusual I mean you're talking 350 346 Apartments uh and it was scheduled for that night here and he said he didn't have anything so I

I'm I'm not questioning attorney column at all or even Mr Perez for that matter but it does seem uh unusual to me that it would take this long with this many continuances to get some resolution one way or the other and I'm opposed to it uh you're opposed to the continuance or you're opposed to the project well both okay so let's just leave the only thing that's before the board this evening is

is the motion to continue so I'm opposed to the Continuum I got it so I'll let with attorney Floren wants to respond but let me let the chairman just respond um the petition couldn't have been filed unless there were a set of plans that were stamped and that met the filing requirements so the obviously was a set of plans that was presented to the board I can't speak for your conversation with

Mr Perez but from the outset we've had a set of plans it was properly filed and the board has the authority to act the issue singularly before the board is uh Mr cologne representing Mr Perez I shouldn't say Mr Perez but Abbott and Farnham uh has said that they need more time to put their presentation together they've paid a substantial fee to the city for the purposes of having the Board review it um

I shrug my shoulders and tell you sir I don't know other than the board hasn't taken any evidence I reviewed the plan so we could be prepared for the hearing but beyond that nothing else has happened and I understood thank you sir thank you thank you for coming out this evening is there anyone else in favor or opposed all right yes ma'am did I just ask the question you can ask a question too

but I don't want to take any evidence though good when you identify yourself for the record yes a good question can we have an address please 84 North Main Street yes ma'am you mentioned early on um when you just introduced I say lots of things go ahead yeah we needed to have evidence or you know so the rules as a citizen but what do I what do I come up

with where do you know what I mean what type of evidence so I would refer you to chapter 40 Massachusetts General Law chapter 48 okay section 10 that deals with variances I think this is a special permit uh let me see variance and special commit so you need so you need to look at two things chapter 48 section 10 chapter 48 section 9 and the ordinances of the city of Fall River

dealing with the board's authority to Grant variances and the board's authority to Grant special permits the standards I would recommend you speak to a lawyer but if you're going to do no no just the board I can only do so much as the chairman so those are the Avenues that Mr colorn is coming before the board and saying we think we have something unique with either the shape the soil condition

the topography to get a variance or we fit into this other category for a special permit that says if it's a finding by the board that it's either not less detrimental to the neighborhood then the board can make a determination that yes we can do it the other thing you need to look at is the ordinance itself and see where this property is located and what the dimensional requirements are and what the parking

requirements are and your argument either if you're in favor or opposed to this particular project is tell us why you're being affected by whatever it is they're looking for yeah yeah uh whatever relief they're looking for from the zoning firewall and why you're either in favor of it or opposed to it and then this board will listen and make a determination yes or no attorney cologne was out of fair

assessment of what uh Fair assessment thank you so I saw another hand over here yes sir Alexander Silva 263 Pine Street um I'd like to swallow I was at the July meeting where this was scheduled I was also at the June meeting where this was originally scheduled to appear so this will be the third continuance um I'm just personally wondering what more information is needed for this

proposal um some of you may recall there was a Harold Hughes article um under so back uh in which she was brought to light that this the owner of the marketed this property already for sale saying it was already zoned with special permits so if he was comfortable or hit the company it was comfortable enough to market the property for sale I'm just wondering why they're not comfortable enough to actually appear

for the CVA and apply for their special permitting thank you so you don't have to respond if you don't want that's fair and I I won't thank you okay thank you I got it outside sources you know newspaper reports I really don't want to take any evidence anyway so we got that still going to be up to four it's going to be up to the board to decide whether or not to Grant the extension of

so that's what we've got is there anyone else I don't want to preclude anyone from speaking on this particular project not seeing anyone it's going to get emotion and feel of this size and the scope and the economic potential economic impact on the city and other impacts I think that we need to have as completed the picture as possible when we do hear the proposal and Mobility Grant the expansion uh

until the October meeting I'm going to look to attorney Flora one more time October you think is a good date that's what I've been told thank you so we have Jim cawkins motion to Grant the motion to extend to October 20th 2022 do I have a second on the motion second second John Frank any discussion on the motion hearing none John Frank yes Jim carkins yes Dan de Perez yes Joe Pereira yes

chairman Assad yes so this petition is granted the petition the extension is granted until October 20th so all of you out there that are interested October 20th 2022 same place same time right here thank you thank you Mr chairman members sure okay because that's yours right that's an expansion that's South Coast no business agenda item number one South Coast Hospital Group Incorporated care

of attorney Thomas speaker Lauren 305 309 317 Hanover Street map m17 Lots 32 33 and 62. the applicant puts forth a motion to extend the time for relief for a previously granted decision dated November 4th 2021 the applicant wishes to extend this variance really for a period of six months commencing on November 4th 2022. November 4 2022 was the date that the variance was granted

the one year has been running since that time under 48 section 10 the maximum we can grant a six-month extension um that's where our Authority comes from uh so let's let attorney call Lauren tell those why extension thank you for the record attorney Thomas corn representing the applicant South Coast Hospital groups groups Inc they were before you last year and secured a variance and special

permit from the board issued in November of 2021 part of the work that was going to be undertaken under the variance relief that was granted was going to be a demolition of certain structures and those properties that are at issue are going to be utilized for parking and there was an existing tenant at one of the structures at the property and they're going through the eviction process this is being handled by the

seller of the property South Coast does not currently own it and this is held up South Coast being able to exercise the rights that were granted to them by the variants so we're asking this board to Grant a six-month extension of time they're optimistic that this tenant will be out of the property and they'll be able to exercise their variants within this six-month extension okay thank you

members of the board any questions is there anyone here that came up this evening in favor of this petition this motion or opposed to this motion okay thank you motion to motion and continue motion to continue John Frank do we have a second second Jim corkins and Lefty is better yeah or motion actually motion two it was the motion your motion to extend it for the six months from November 4th okay

uh any discussion on the motion hearing none John Frank yes Jim corkins yes James repair yes Joe Pereira yes chairman Assad yes okay so that's thank you you're welcome we'll go to let me get rid of this agenda item number two Janet Harrison 18 Holland Street map t21 lot 30.

the applicant seeks a variance to demolish the existing single-family house and divide the property into three residential lots waiving requirements for area lot coverage setbacks and Frontage in an S single family zoning District foreign good evening for the record my name is Jeff Tallman from Northeast engineers and Consultants here representing Janet Harrison for the application for

environments that's before you for this property which is located on the corner of Holland Street in North Main Street the property itself is it as you had mentioned it's located in the single family residential district it currently has 28 562 square feet with 94.34 feet of Frontage on North Main Street in an additional 230 feet of Frontage on Holland Street when this um when this project was

initially brought to me the the intent was to come to this board uh seeking a variance to create one additional lot in addition obviously we will divide the existing lot into into two lots creating one additional lot um there's obviously there's plenty of area in Frontage to meet zoning and to do that the issue with that um proposal was at the location of the existent dwelling which is a

pre-existing non-conforming structure it kind of sits right in the middle of the property so in order to create a conforming lot with 100 feet of Frontage on Holland Street whether you come up from North Main Street or you come down from the Eastern property boundary it puts you right smack in the middle of the house so there's no way to do a a division of this property without relief

so the initial attempt was just to come to this board seeking relief asking for a reduction in the minimum amount of Frontage and create a second lot since that since this has been brought to me a few things have happened Janet Harrison um who was living in the dwelling at the time has been she's currently in a nursing home uh it's temporary it's not long term she's in for a rehabilitation

purposes uh but she's no longer in the house when she does come home the house is going to have to be Ada accessible um the the other issue that she has with the house is um within the past several months this house has been condemned by the billing department so there's a substantial amount of work that has to take place in the house to bring it up to standards never mind make it ADA Compliant just to

bring it up to standards where it's inhabitable so you know after reviewing that it made sense to me um in looking at this application that you know if that is in fact the case um we should you know with the hardship of her having you know initially she wasn't planning on putting you know she knew she had to make some repairs to the house but not the amount of repairs that are going to

be required to for her to be able to move back home it makes no sense to try to keep the existing dwelling um but to to to raise the dwelling and construct a new dwelling um it just it's going to be it's really not economically feasible for her um you know given you know you can look at the shape and the Topography of the lot in my opinion it makes sense just to

kind of divide this evenly create three you know substandard lots but they are conforming when you look at um you know what we have in the you know in the neighborhood in the abutting area uh they're certainly in um in Conformity with the this with those lots which are all for the most part substandard and I know the sport has looked at in the past projects like this where demolition is involved and

they have been looked favorable upon Grant and relief to help out in that situation um so we're just here tonight again asking for relief from you know due to the Topography of the property and the lot shape topography being you know if you look at how this property slopes from North Main Street up to the Eastern property boundary there's a 30-foot drop um it goes from like elevation 60 to up

on the eastern boundary now to about 32 on North Main Street so there's a lot of factors in play here um in my opinion development standard the easiest thing to do is just stop with a clean slate come in here create nice clean lot lines nice clean lots and um and she'd be able to build the house that that would be ADA Compliant that she could live in have the additional

lot which was it's my understanding was going to be for a uh one of her children and then the other the additional lot would actually pay for the construction of of her house the Reconstruction of the house so um with that I'd be happy to answer any questions that the board might have I agree with some of the things that you say uh you have a lodge lot you can get

two conforming Lots you don't need to be before the board uh the hot chips that you're talking about uh seem very personal uh to the petitioner and not necessarily dealing with shape topography soil condition you mentioned the topographical change but you end up with two watts and you'll have to develop whatever where you have lot three where the highest is down to lot one where you have the lowest of 34.

um of the topographical line we're also and I know that we we've raised I've raised it before under our ordinance 86-34 subsection C no yacht A Lot existing on the effective date of the ordinance from which this chapter is derived shall be reduced in dimensional area below the minimum requirements set forth in this chapter the odds are lots created after such effective date shall

meet at least the minimum requirements established by this chapter so you got that Prohibition in the beginning of our audiences I yes I agree that this board has the power under 86 482 subsection C to Grant relief but I think that relief is has to be under an application of 40a section 10 shape topography soil condition hardship I understand the condition of the house it's probably better to raise it and put

a new house up there but you end up with instead of two conforming lots that you can actually get out of this project your request is for three uh non-conforming lots and most of the Lots around you there's a couple of there's a couple that uh I think pre-existing non-conforming but for the most part have greater than the ten thousand and the eight thousand square feet that you're proposing on this particular project

those are just my feelings about it Jeff I don't know well I you know in in looking at it I guess I want you to tell me something about the how is it that if I can get too perfectly conforming Lots how do I make the transition from that in the prohibition in our ordinance into free non-conforming Lots well again in looking at past filings and stuff and different but you know the past five

things aren't precedented setting for the board I do understand that but when I look at school properties right and out of school um the old Henry Lord school this isn't this isn't the Brighton Avenue school project I know but those there was no shape of soil topography issues there and they were divided into lots that were substandard um due to I'm assuming due to the cost associated with the Demolition

rehabilitating the property and making it attractive to the neighborhood um I get that and that's always looking to do on a much smaller scale with this project um I mean the Topography is an issue is it directly related to you know how this is going to be divided you know I don't know but I mean there is a topographic hardship the shape of the lot itself would make it we can't create a second standard lot so

we would need a substandard lot for a second lot anyways to keep the existing dwelling and keep the existing dwelling yes yes well it doesn't make Financial sense no if we're only getting one additional lot to raise the existing dwelling because there is value there even though it is condemned it'd be a lot cheaper to fix that up than the I was trying to figure out if I was

heading if I was heading uh West on it if I get the lot number 370 how much is on the side is it 30 feet there to give you the 100 foot Frontage and to keep yeah do something with a lot if you add 30 feet to that it it does cut through the house if you were it does that's what I was that's what I was looking for one of the lines to show me

whether it did or it didn't no matter which way you come in from whether it be North Main Street or the Eastern property boundary with 100 feet you're gonna you're gonna go through the existing house so you know the options being keep the existing house to try to save some costs and create a second lot which would be substandard we need relief on that um for Frontage or do we just rehab the

whole property all together create three conforming well not too forming but three New Lots with you know new dwellings on them nice straight property lines and and really I mean it would be um it'd be similar to what's out in the neighborhood no no some of those you're right are probably pre-existing non-conforming Lots there's um I haven't researched all the abutting properties but it would certainly

it wouldn't be out of line with the rest of the neighborhood creating these I mean we're not asking for I wish the planning board or the city council would give this that Authority Under RockAuto because yes that would be a very good way to look at and I think the board may consider that sometimes but I just wish they'd changed the ordinance to let us do it good and the only reason

I mentioned those School properties is in my opinion it's a similar type of thing where relief was granted without you know necessarily there being a it just relief was granted to to make it effective to re rehab the uh those properties I understand and that's that's for the members of this board and plus there's people in the oil see what they got to say sure thank you is members of the board any questions

specifically about this particular project one of my I guess my question is the only thing under 40 section 40 that you've brought up is the topography yes or no would that be a problem if this were two lots or three lots it's the same issue it's it's a similar issue yes okay yes thank you okay anybody here in favor of this petition is there anyone here opposed to this petition okay

so there we've got it members of the board we've got the petition to create three substandard lots that's what the petition is for do we think that they've met the hardship uh requirement of the 40a have they shape topography soil condition and a hardship that meets it if they have and somebody should make a motion to Grant if we say no then it should be a motion to deny I'll make a motion to Grant

John Frank motion to Grant demolition of the existing dwelling

site plan site yeah so we'll go back to the so I gotta use my cheat sheet here no building permit shall be issued until the site plan has been approved by the site plan review committee and no site preparation Workshop will be commenced prior to approval of the site plan by the site plan review committee sounds good there isn't one a budding property that meets the standard also hey you go

three in each Direction and yeah ten thousand square foot Lots I know it's a 12 000 square foot District but every other property is four thousand seven thousand eight thousand eight thousand five thousand eight thousand so it's gonna be bigger than yeah these aren't small properties no again I mean they're substanding but they're not and they're a position of the house motion there wait a minute

position of the house on the where it is I I can see it's close to the street and it's kind of right in the middle on the land it definitely this is more suited to making better it is the other conditions going to be all the setback requirements will be except for Frontage they can't get a building no no but I just want to make sure that the variance that he's that he's

proposing so you have a waiver of Frontage but the side yard front yard rear yard those dimensional requirements for the envelope are going to be met I'm reading as lot coverage on hey you don't need a lot coverage yeah yeah I mean we'd be asking for it just because you know with the smaller size lot meeting the 25 percent you know if you're going from a 12 000 to a ten thousand or twelve thousand twenty eight

thousand you know that 25 really doesn't leave you with a lot of impervious area um so we are asking for reduction I think it's noted um we're asking the the to increase it from 25 to 35 on the 8 000 square foot lot and 25 to 30 uh percent for the other two the ten thousand square feet a lot uh lot lots I should say okay as noted on the plan then block coverage

there's a there's no building envelopes on here so there is none no we would fully comply with setbacks yes so that's John's motions we have a second I'll give it a second you caught in second okay any discussion on the motion hearing none John Frank yes Jim corkins yes no no Joe Pereira no Joe Pereira no chairman Assad no the vote is three to two that motion is denied the petition's denied

thank you Mr Tallman thank you thank you agenda item number four M6 Resnick LLC zero zero Victory map N20 lot 34. the applicant seeks the variance to construct a five unit multi-family dwelling in a CBD Central business district and an aod Arts overlay District waving front and rear yard setback requirements good evening Mr chairman uh members of the board again for the record attorney

Thomas gallarin loves us at 350 North Main Street in Fall River Massachusetts I represent the applicant with me uh is Jeff Tallman the design engineer um which we have before you is a currently a vacant parcel of land uh with fronting on Fifth Street and also on Spring Street it's uh completely asphalted out as a paved parking area as it presently sits this property is somewhat unique in that it sits in both

the CBD district as well as the Arts overlay District when we originally submitted the application we were thought there would be a need for zoning relief to allow for the development of a five unit structure as the CBD district requires that the multi-family use would be at least 20 units but the Arts overlay District does permit the construction of a four to six unit dwelling and that's what exactly what

we're posing here is actually right in the middle of five units so I would suggest to the board that no variance relief is required with regard to the number of units although that may have been referenced in the individual initial application the structure itself will require some front yard and rear yard setback relief as the rear yard is set back approximately five feet and the front

yard is set back seven feet the requirements being for a front yard 12 feet and rear yard would be 10 feet so there is some minimal relief required with regard to the rear and front yard setback there is proposed 10 parking spaces so we'd be able to provide two parking off-street parking spaces per unit again the parcel as it currently sits is asphalted out to the boundary lines of the property there will be a

reduction in impervious area there will be some green space added there's also room and it showed on the plan a area for a dumpster pad on the North yeah north side of the property so again we're dealing with a piece of property that's really sitting there vacant except again it's asphalted out we'll be adding in some green space the Arts overlay District specifically contemplates increasing downtown housing

opportunities and we think that this particular use is this proposed project meets that requirement that's specifically identified in the Arts overlay District again I think the relief that we're seeking is quite minimal in that two small setbacks for the front yard and rear yard obviously if the port has any questions we'd be happy to answer them when I look at the plan the one I saw the five five

foot Rea yard setback requested the one to the far I guess the Northeast that unit it looks like the proposed patio is that right on the line or is it still going to be a five foot offset there that would definitely be on the property but there would be an offset now the patio itself doesn't need to meet as I'm looking at the line you said the five-year re so the five five foot rear

setback that's to the building not to the patio correct I just wanted to submit it I don't know if you have a copy of that that had like uh bump outs on the back and front um this one was this one was received September 9th so this is going to be the one that we're getting at yeah so that's so the only really the only relief on this particular project is front and

rear yard correct other than that five foot reduction on both front and side yeah but that's side yard too I mean I mean a front wrist front and rear was the only ones that I found correct that because you've got the parking you've got here okay and obviously the hardship in this would be the lot shape because of the depth of the lot where the building would be located um it's it's really restrictive uh being

54 feet along 5th Street and it does widen out a little bit but not drastically yeah no you go to that's the build that's the parking lot that's the way it's correct yeah yeah I've got it okay members of the board any questions on this particular project yeah I was just confused I drove by and I didn't think it was this property because this is the one that doesn't want me approved last the one

the one behind that let's get this and put a parking lot this this one I didn't get run over by the bus this one well that would have been the natural for the guy behind but this one is by itself yeah okay is there anyone here in favor of this yeah I'm sure you jumped up are you in favor of opposed I'll get to you I'll get to the opposition in a minute so is

there anyone here in favor of this petition no anyone opposed yes sir would you identify yourself with a record and tell us what your opposition is yes Keith Michonne a representative of the Fall River Educators Association uh located at 178 4th Street and our property is our office building it abuts the parking lot uh 178 178 the little the little brick building and we have a rear exit

um it's kind of unique that we step out of the building into the parking lot so our property line is about six inches off of the building yes so we're concerned about I know the building well I almost bought it that's why because it's right there you walk out and you're there right so we're concerned about the waving that rear we are allowance would affect our our building where your building is what

well you'll have to deal with whatever the owner is right but you all that building sits right on your building sits right on the lot that you have that's it there's a little maybe if it's six inches you're lucky right um but it opens into that parking lot uh but there's as I remember well I should there's nothing in your deed that says you have the right to pass and repass on

this piece of property to get you access I don't know how whatever got cobbed out but it it is the building exists the building are far to the east of your building and what's next to your building is the parking lot right so the the waiver of Frontage and rear yard really don't affect the parking lot area but I'll let attorney call Lauren answer instead of me I mean you said exactly what I was thinking uh

Mr chairman so the building to be that's being proposed is a good distance away from the existing office building that sits on that corner so if they're exiting out of the rear to a parking area they're still going to be exiting out of the rear into a parking area as far as I'm aware and I haven't done the title to the property I'm not aware of any existing easements that allow that

throughout this building to exit out onto that having said that it's certainly a it appears that there'll probably be a little grass area um this is the zoning board of appeals this board is not going to Grant easements I'm not going nor am I suggesting on Mr chairman all I'm saying is that there's not going to be anything there that's impeding there anything that certainly exists he's going to be exactly exactly

so I want to make sure that you understand that so they're building if you saw it I think so the building is way it's off to the east of you uh nothing is really changing there uh whoever the whoever 4m6 Resnick LLC is you may want to talk to them and see if you can do something for but that's outside of the scope of this board's authority to do but I understand

your oppositions I didn't get a chance to see the plans coming here tonight I just wanted you to consider no but did you see did you get a good look at him okay I would add initially this was all one property where that building was in this particular piece and there was a relief granted there was a variance granted I want to say back in the 80s it had to

be 1982 when I was looking at the building yeah that's why I know about it what a lovely building and what a parking lot until Sean Murphy created this is all you should get yeah it initially it was all one owner so that I don't think there are any easements in place or anything like that but you stepping out on the private property now and it'll continue to it's not going to change

well that's that's why I'm suggesting that maybe they talk to whether they're going to raise it but anyway so anyway members anyone else opposed to this petition okay uh members of the board you've heard the presentation have they met the requirements uh on the 48 section 10 should be grants a Varian should it be denied

I make a motion to approve Joe Pereira motion to approve any conditions the obvious condition of site plan review plan review okay all right so we have Joe pereira's motion to Grant do we have a second second Jim corkins any discussion on the motion hearing none dance repair yes Joe Pereira yes uh John Frank yes Jim corkins yes chairman Assad yes so that petition is granted okay thank you thank

you very much everyone thank you for coming out this evening agenda item number four Daniel quintal care of Attorney Peter a soleno 1313 South Main Street math G24 lot 3. the applicant seeks the variance to demolish a portion of the existing property locations and convert the existing structure into two separate Lots with each lot containing a separate mixed-use building waving all

dimensional requirements in a BL local business and offer a two-family district the applicant is also seeks a special permit to reduce parking requirements thank you for purposes of the record my name is Peter celino I'm a lawyer with offices at 550 Locust Street in Fall River the subject property 1313 South Main Street is the former Lynn Court and Pappas Insurance Agency The Proposal before you is to demolish a

portion of the existing building almost through the middle of the building taking away five feet from each building that's where there was that's where they were connected now they're going to be separated by 10 feet so the proposal is to separate the lot creating lot A and B as shown on the plan leaving the existing buildings on their respective Lots The Proposal includes a mixed-use concept in which there would be

commercial space on the first floor and residential dwelling units above in terms of the actual relief sought um I've certainly been before the board many times this property straddles two zoning districts however the majority of the property sits in a BL so my analysis is focused on the BL because it's been the general interpretation of the board that where the majority sits that's the controlling

zoning so in that lens there is no lock coverage requirement in the BL District we have enough Frontage it's 50 feet of Frontage in a BL and each of this separate Lots has 104 and 106 respectively the area is sufficient in terms of the proposal and the outside side yard setbacks are sufficient the relief for setback pertains to that middle piece whereby we're removing a portion of the building

and so there needs to be a 10-foot side yard setback and we're only going to have five in this proposal on lot a and Lot B Additionally the existing structure sits Mighty close to the rear of the property line uh budding the car wash and so as a result of that we have a request for rear yard setbacks on lot A and B the existing structure on proposed lot a is

only one foot from the property line as it sits and the existing structure on Lot B is seven feet from the rear property line as it sits and so that's the Genesis of the request for variance for rear end side yard setback when I file my initial application I also included a request for parking and then Dan aguiar and Mr gordetsky went back and forth and so ultimately the conclusion came up through this detailed

parking table on the bottom of the plan here that the proposed spaces should be sufficient I just want to make sure everybody has the last one dated September 9th is that the plan everybody's looking at I got one reason yeah it's okay all right and so you see the parking date September 9th receives the 13th okay yes updated so in the bottom number three that tells us all exactly right so Mr

aguiar required Mr gorodeski to do a detailed analysis of the parking layout the parking table and the requirements measure the spaces and the aisles so I would submit to the board that I think as a result of that analysis it doesn't appear that we need parking relief uh that I thought we needed when we initially filed the petition in August what I don't the only piece and I agree

with your analysis about the majority being in the BL District but the R Ford district is that will there be Apartments is there something happening in that northeast corner yeah the northeast corner of Lot number B yes because so that so some of that is going to be in the R4 residential district correct okay and the proposal is to construct within the existing footprint Mr Assad so it's not to bump

anything out it's to build out within the existing within within no no it's all within the existing building correct but it was just my thought was being in the R4 District I have a residential use in the in that area yeah not going up not going up no not going up the building's staying on not except for that middle piece except for the five foot the ten feet that would disappeared that's correct

um and then in terms of the substance of the request obviously the hardship to me here is the existing structure um I think we know it as lincore and Pappas insurance it's been there forever uh and then this really peculiar shaped lot line along the car wash um so the existing structure coupled with the shape makes the site to me pretty unique in terms of shape um is this no I'm going to ask you this

question it's not this is the zoning board of appeals and I understand that it stands by Stephen T Roy professional land surveyor but as I'm looking at the dock one and I'm looking at maybe what exists is there some issue with some property lines back there um I don't know that there's issues in the back with property lines there's an issue of a right-of-way and I think Mr Chef Charlotte's may talk about that uh

this evening but our deed says that it is subject to the rights of the car wash to pass on the what's labeled as a 10 foot right away yeah no there's that 10 foot right away that exists in those deeds because I'm a little bit familiar with 13 what is it 1355 the old coppers in that 10 foot right away that was always a always an issue and I think it still is as far

as I know no I'm not I'm just saying that I know about the 10 foot and that's always been an issue when I see attorneys from shallow it's sitting there but I'm looking at the line that's drawn and I just wondering whether there was some additional property line issue I don't believe uh that needs to be addressed I don't believe so um okay but I'm certainly you know no okay we'll let them speak to that but

I'm asking just looking at the plan if there's something that you need to address no I don't I don't believe so I the only thing we were careful in the consideration and the drawing in the plan to obviously not obstruct the easement not factor that into the parking calculations Etc so there's actually a jersey barrier there now um so all the parking is inside that jersey barrier as proposed on this plan okay and then

lastly in terms of the lack of what I would perceive the lack of detriment I think the proposal is entirely consistent with the mixed use in the neighborhood you have a gas station car wash you have a bar you have multi-family housing so to me this is perfect for a business local kind of proposal happy to entertain any questions that the board may have my clients are in the audience if anyone has any specific

questions for Mr quintal we'd be happy to answer okay thank you members of the board any specific questions right now no is anyone here in favor of this petition is anyone opposed to this petition attorneys from Charlotte to identify yourself for the record please I'm not opposed to it I don't have any problem with it it it's it's more than a 10 foot right away there's a plan on file because the car

wash was originally part of the lane court and Pappas property so when Benavides who was the owner of the car wash no oh benefits bought the car wash I believe in the early 80s he bought the parcel from Lincoln Pappas and it was a plan on file at that point that cons that provided for the barriers on these north side of the property on North side of the lane to be that was part of the approval

but we don't have a problem with the setback the building's against but I know I know the deed into 1555 has had that 10 foot right away and it was just it was subject to the rights of others in the 10-foot right away that's that's correct so but but I didn't I didn't do the right of way is much wider than 10 feet what I'm saying that lot had 10 feet and I think this

one had 10 feet I think the Copper's lot has so that's just a 10 foot it just references 10 feet right yes but I and the other one I always thought had an additional no they they it wasn't just that single attention you know what in Pappas retained the right the ownership of that I'll call it the lane okay and granted the car wash the right to pass and repast

but as part of the I'm going to call it the approval of the subdivision at that time the there was a requirement that that barrier being put up okay and when that barrier was put up it effectively precluded link Gordon Pappas from using the lane okay the only one that can really use the lane is Asia one the old cops but they could they can only use it to the extent that they have a 10-foot

right away that's it and they've built they couldn't use it yeah that's it and they and they built into their 10 feet easily so but the car wash if that's who you're representing correct you is there anything that I'm looking at here that's interfering with your use no not at all okay yeah I think the the cement berries the Jersey barriers that was on that's on the North side and and they can't use

the lane anyway because the only use of it would be to cross the the car wash and they don't have the right time that's correct so in effect that's dead land for them and it doesn't affect what they're doing doesn't in fact it doesn't the reason why I'm asking you that question is what they're doing is anything that I missed when I was out there interfering with your tent for no it may be wider but

right to pass and read fast whoever's going back and forth it'll probably be better because they'll they'll control their own I'm going to call it property which has been in the past used and you have no issues with the prop with the property line along the easterly no so that's that's not an issue okay thank you separate utilities yeah that's that's going to do does that bring toys yes it's got to be separate

utilities I'm not trying to get drain away his business but yeah it was one building it was yeah no no and it filed the after the affidavit we didn't have this great form it's I don't know it's good it works thank you that's it that's all you have separate utilities anyone else anyone else in favor anyone else oppose anyone want to tell me about this project okay hearing nothing members of the

board have they met the burning they don't need the parking relief but you could make that the parking is as shown on the plan and meets the requirements okay because we don't have to Grant because yeah I believe security I was just asking talking about separate utilities okay I'm sorry I thought I heard you make a motion okay so if anybody makes a motion we should have parking in there too

Mr chairman I will make thank you that that we Grant the variance uh subject to uh planning review and so that parking be maintained in accordance with the plans as submitted separate utilities and separate utilities affidavit to be filed okay all right so that's Jim Hawkins motion we have a second no no again you pay no discussion okay James up here yes yes Joe Pereira yes John

Frank yes Jim Hawkins yes Jim and Assad yes so that petition is granted with those conditions thank you agenda item number five let me get this out of the way

foreign real estate LLC here of Attorney Peter H celino 761 Highland Avenue map m19 lot 30. the applicant seeks a variance to convert the existing nursing home nursing home structure into nine residential units in an essay single-family zoning District waving the use and lot coverage requirements the applicant also seeks a special permit to reduce parking requirements currently no external changes will be done to the

existing Footwear and this is the I think this is the revised plan yes there is a revised plan on the file Mr chairman I was looking for the evidence September 9th okay all right Selena good evening for the record Peter celino 550 Locust Street in Fall River with me is my client Aaron tetral Aaron Tetra real estate LLC thank you what's your address 1282 Highland Ave Fall River Mass so uh

the project before you is the old Highland Manor Nursing Home Mr tetral purchased it recently at a foreclosure option the project consists or the proposal consists of converting the existing structure from the nursing home concept to a nine unit building the blend of the units as proposed by my client is six one bedroom units and three two bedroom units that's delineated in the plan

the initial filing contained a little bit of a different parking concept and after getting deeper into the proposal with Mr aguiar we decided to submit this additional plan which is before you this evening and so the major change here is the parking the second proposed plan the plan that's in front of you this evening contains off street parking spaces for 18 Vehicles effectively Paving the

backyard the Hanover Street side if you will the northeast corner of the property including 14 parking spaces one ADA Compliant handicap parking space and three parallel style parking spaces along the southerly boundary of the property so if you're following my analysis here if we have nine apartments and we have 18 spaces we have two spaces off Street per proposed unit and so then that leaves us with the

issue of use in an S District um and really that's the focus here is how to repurpose these existing structures that are so big and what can you do with them in order to make them viable and so Mr tetral's proposal is to turn it into housing he has lives in the neighborhood he lives in Highland Avenue as you just heard he purchased Dr Dunn's house and several other houses in the neighborhood and has had successful

conversions with them and this proposal really is no different The increased parking requires a waiver and additional use for lock coverage uh as it sits now there's 46 lot coverage and as proposed to accommodate the off street parking spaces it's 75 percent so ultimately I think with the revised plan the variance or the zoning relief that we need uh relates to the use of the property as a multiple residents in

a single-family District as well as a lock coverage uh requirement where we're supposed to have 25 feet in an S District I would submit to you that I think this proposal is well thought out I think the use is less dense than the nursing home use I know we have neighborhood folks here that are going to talk about this this evening I think for and against but ultimately I think

this is a pretty good proposal to keep the cars off the street repurpose a vacant dilapidated building and really it's I think a good project for the neighborhood so I'm happy to take any questions Mr tetral certainly is here to answer anything you may have regarding the proposed construction or anything about the site okay so nothing nothing is happening to the building itself other than being reapped

that's correct so footprint is not footprint is not changing or no external no height it's going to be it's going to be converted from whatever it is the four walls will exist and will now have nine residential units correct providing off-street parking for each residential unit on the premises so there's nothing yes two off Street space for each unit no on-street parking so that won't be impacting the neighborhood

okay and the building itself it's because it's in an S District single-family residential the building itself May in fact be one of the components of a hardship because you're stuck with the structure okay and then the it would be a special permit for the I think special permit or a variance and I think it's a special permit for the um no but you met the you met the party yeah so the initial when I initially

experience for yeah using lock coverage I initially filed it we had a different parking concept and there was some concern from the city engineer we went back to the drawing board did a little bit of a deeper dive and came back with this plan so initially when I filed I was asking for waivers on parking which I don't think we need anymore as a result I think you meant that that's why I'm

saying I think that that's gone all right members of the Court any specific questions about this particular project okay I see people in the audience is anybody here in favor of this petition is there anyone here opposed to this petition okay so this is what we're going to do I'll start in the back of the room and Madam I'll have you have the last word how's that so sir why don't I start with

you with the yeah yes sir we'll start with you there was nobody on this side I didn't say yes oh I did I'm sorry madam I didn't see you again I I will come to you we identify yourself for the record please out of the street across the street from the nursing home there used to be one car that showed up and popped reminiscent one car and I believe he's

going to put all the cars in the yard is that what I heard that's what that's what the plan if you haven't seen the plan now you're more than welcome you're welcome to come down here and look at attorney Salinas a look at my plan but what they're saying what the presentation to the board is 100 of the parking for these nine residential units will be on the premises so that's nine units probably two cars

they sound feasible that'd be honest not big enough 20 cars you can feel the plan if you like so let me let me just say this the plan is stamped by we require this board requires plans to be submitted stamped by a professional land surveyor so the calculations are something that the board can rely on that it's not me sitting in my office or attorney Celina with a rule of saying I think I can get

20 parking spaces so this who was this Sean Sean Michael Leach stamped it and says I've reviewed it I've looked at the dimensions of this and they can get 18 parking spaces off street parking spaces on this lot I thought it was to get a daily okay there's so many cars and sure it's not in operation anymore is it no no no no I'm talking about the cause that I'm parked there now daily

yeah from President Avenue from all all over there's no pocket in that neighborhood and if he's going to bring in 20 more cars there's not going to be a podcast I know he's going to park in the yard but that's just going to bring more traffic I think it's going to be ridiculous okay I respond thank you vote attorney Salina yeah just in response to that comment so the reason for this revised concept yes is

to address that exact issue or question with the neighborhood so it was to contain the parking on the site so as to not interfere with the parking on Hanover Street so that's the reason for the second plan so that garage in the back is being raised that building that is correct yeah it has to be in order to accommodate the traffic flow um I also think I know the plan clearly

depicts it but I also think it's important that it's a drive-through site if you will right so you're not existing driveways on both sides are staying in effect correct right okay yeah and if we're thinking of granting uh then it's expressed condition that the garage has to be raised yeah all right so I know it says it but I mean just if anybody's thinking about granting it then that's

expressed condition thank you sir Madam you had oh is she cutting you off it was really the lady in the middle no no not you backwards we're still back there you've got you've got support back then well I'm opposed can I have your name please oh Mary Palumbo yep and what what's your address Hanover Street yeah I need a street number 760. are you Mary Louise yes I'm Mary Louise I am 1928

but it has a street address of 765-7650 thank you please continue we are just opposed I'm a post similar reasons no um also because it's a single family um neighborhood Zone yes and I don't believe that um flavor of the neighborhood should be changed by allowing at nine Apartments okay is it the number nine that you're opposed to would you be would you be close so if it was less than nine is

this some number that you would be less okay less than three okay madam um yes ma'am um I just wanted to say my keys back my husband and I have worked extremely hard our entire lives to be able to afford our home in the highlands to keep our sons away from everything that comes with living in the inner city and I just feel like this is going to bring it right into our doorstep where we're

going to be looking off of our beautiful farmer's porch at a parking lot for cars and tons of people everywhere it's just to have an apartment complex right across the street from the home that I worked my entire life to buy is just devastating to me so I just wanted to say my piece no you need to so I'd ask attorney celino to respond but and I'll I'll ask the question again because that was a

concern that I had the building itself please the building itself is not changing no I think that's an important piece of this that there is no apartment building the facade stays the same the I think if I may respond to one other company sir you heard your questions so from my perspective um this uses less dense than a nursing home to me um it's next door to a house of worship

nearer to the hospital so I don't think we're changing the flavor of the neighborhood I think we're trying to take a dilapidated structure better it the hospital is far away we don't hear any of us there we do sometimes have problems parking but they are very quiet and very good neighbors and as far as the nursing home and the nursing home is there it was a very small nursing home we're not

talking to Kimball or something like that the residents never came outside and there were maybe three staff at a time so it was an incredibly quiet place now we're talking about having nine potential families crowds of people I mean a parking lot full of 20 cars and a single family beautiful neighborhood it's just to me that is diminishing the Highlands you know people move to the highlands for a reason

and if this continues to happen over and over and I I understand that that was a big house too big for a single family but a nine apartment complex is just to me is just unfathomable well there's a lot to me I got it but I'll take some more but I'm just rhetorically I ask the question on a building like that and you've said that it's a big Bill and I'm not I'm not

advocating for or against but the boy this city this board is going to be confronted with the repurposing of lots of buildings and I know lots of neighborhoods don't necessarily like what's going to happen for the repurposing of it but what do you do in a structure like that that when I when I heard that this structure was at Brazil I assumed that it was going to be turned into

nine Apartments so I got the petition is for nine but but I'm just trying to what else would happen unreasonable to think that one family is going to be able to you know um but I just think it's it's very um I just asked the question because this has gone this topic this issue will be coming before this board in the future and I think I'm asking you who lives in

the neighborhood what do you what else could happen to that building especially when I have neighborhood groups come out and say they don't want something to happen and the building is being uh deteriorating you don't want that in your neighborhood but what do you do but I hear from you when the lady next next to you that you know nine is too much but maybe three is good better that's for sure okay I understand that

I wish you sure I wish I wish you and your neighbors got together and showed up at the auction in bid but I wasn't there I don't know let's see who's next uh the Quintel boys no uh I but I told you I'd let you speak last Madam um yes I just want to just want to my neighbors I think they're 100 right through the years that I've lived on the street I've

seen more and more cars I've seen more and more children it's not safe to have 18 more cars I don't see um I can see the parking lot filled with 18 cars and I can see the potential for 2021 cars on our street our neighborhood let me stop you you see with 18 o'clocking Wall Street you see 21 cars on the street no I'm saying you have 18 spaces for 18 cars I see an overflow

coming they can't park these little space in the parking lot they have company they have visitors they're going to park on the street we have children up and down the street with bicycles with schools we have Deerfield high school buses coming back and forth all day long we have Carla Medeiros we have star we have traffic all day long we have tenants we have children back and forth all day long that puts a

concern to me to have nine families with 18 cars with limited parking okay I agree with my neighbors to cut down on this space to cut down on the apartment may be a reasonable solution I just think nine apocalypse are neighborhood cannot accommodate safely okay thank you Madam you've got the last word a lesson the gentleman next to you he's with me okay so you've got the last word God

your name is I was at 57 Stanley I am directly behind this nursing home so I would be facing the parking lot so I'm wondering is there going to be any green space whatsoever or is it just going to be all poppy okay so I look at the plan and I see some trees but I'm going to let attorney celino answer that question yes I'd be happy to answer so and if the

board thinks about granting it and if that's a consideration that's something the board can do and say we want a vegetative water to but let's let's see what their plan is right now yeah one minute ma'am oh I'll let you speak in a minute okay so from a zoning plan perspective yes obviously there's not a lot of focus on green and fencing and so on and so forth but my client would be happy to

accept the condition that requires the planting of trees abrovites or something else that's either imposed by this board or by the planning board and the site plan review process I mean that seems entirely reasonable in response to the neighborhood's concerns we don't have any objection to that I also think that something else that hasn't been brought up but should be brought up is lighting

um I've heard a lot of concerns for the parking we're going to get to that but that's something that's usually picked up by site plan but why don't you address it now yeah I'd like to just suggest about white infiltration right so I think the the lighting really would help the selection of the lighting would really help I think the neighbor's concerns um so we can certainly focus on down

lighting we can focus on low lighting as opposed to Lighting on poles there are a variety of lighting solutions that I think can thwart this idea that this is this parking lot that there's going to be all this activity in um I also think it's important if I I'm going off a little bit on a tangent but no good they need to hear they need to hear what the options are yeah so to me

the lighting's important the screening is fine um I also think it's important that um these apartments will be nice apartments at a what price point Aaron about twenty four hundred dollars each so it's I say that because what he did on um Dr Dunn's house what's the address of the house the house on President happened around the corner um he cut it into two and you get what

25 25. so my point is it's going to be it'll be rental upon it's not going to be converted to condominium it's not converted to condomination my point is it's a nicer quality of tenant in my view because of the price point and I think less chance will still have control no no I got it I got it but I want I want the neighbors to hear this I

mean we're looking at it from a land use point of view right but that's why I want as much information but I am so they know what's going on yeah I think it can be a nice concept I think it's certainly being vilified and I understand if I lived in these houses I would feel the way these folks feel but I I don't think it's an apartment building as it's being presented I think

it's a nice historical structure that we're trying to rehabilitate and fit out for this purpose did that did that answer your question about the not at all oh absolutely not yeah time off time no this boy we have no authority to say what you're hearing you're hearing a representation made by him so so we've got the fire station up the street constantly the ambulance is gone the inner the internet's going to be on

Highland Avenue it's not going to be overflowing it's a Hanover no problem no there's a there's a driveway on here that goes right there oh the existing driveway on here so they're going to be going in and out there's no green space where are those they just said they'll put Green Space they're going to put fancy edging well we can make them try to hide the cost so where are the names gonna be those are

the tents where where are they going to be I'm sorry I have green space the structure isn't changing which doesn't instruction the face is Highland Avenue and it faces so it doesn't matter if the structure changes to us we're on Hanover Street or Stanley so what matters to us is staring at a pocket lock and all these neighbors who could potentially have children and where are they going to be they're going to be in

a parking lot and the cause is going to be in and out in and out and they're going to have visitors and they're going to have to pop aware on the street so I'm paying four grand a year for taxes to live in the highlands as a single mother to give my kid a better life to stare at a parking lot and have traffic all day and all night I understand your concern

that's the reality of what's being proposed and although my taxes tax prices because they're gonna this is gonna bring down the neighborhood I understand your concern property value my resale value if I wanted to sell my property it's going to bring down I don't understand why it has to be not it's a lot structure their proposal their proposal is for none right that's bang for his buck

2200 a month each apartment it's a lot of money I get it and I understand the rehab is going to be a lot of money but be fair to the people that have to live there that currently pay taxes that pay mortgages that have children it doesn't need to be nine nine Apartments make it four make it five so that there is doing space there is yard there is hockey

thank you for coming out to say wait wait are you already talked that lady behind you hasn't had the opportunity Madam go ahead yeah should I say my name I need your name and address please yes um there's a couple of things that I was concerned of that I want to bring it up no please don't um we paid ten thousands but we have a huge in them and in time my husband

within 20 years has planted aphrodites and Gardens and such and I just wanted to bring up Landscaping could be a factor here to make it look more curb appeal for the neighborhood the monks have been wonderful in the same Time Square span of 20 years we've lived there I think they were there six months before us with beautiful flower goddess they've made a parking lot where it was grass initially they're very

respectful to ask us or tell us they're going to have a celebration um they're very helpful when we've been shifting their help and I have to say as a compliment Mr Tatro of what Dr Dunn's house and we were there 20 years so we know how that is done put a lot of work and effort into that house and he has wonderful tenants there and he has only two units that he utilizes with wonderful tenants

but the concern comes with parking that we had and the amounts of people that you might have coming into the house and so my question would be is there any solution to how it's configured the inside of the house to make it a little more like a situation at Dr Dunn's house which is just as big as a house is just as big as my house with two people in it so people

in the neighborhood have different size houses some people have families we're ready for and 74. so it's all different but we're concerned about maybe thinking about the configuration of the house to accommodate less people and maybe curb appeal could be thought of and how maybe to make it so it's reasonable that's a cut through tree so besides the church people are going and cutting through all the time

and I can remember the time that people sometimes aren't watching out for the kids well you could be on a sidewalk and get hit in that area just like Mary's sister did and almost died a few years back just watching President Avenue from a house on Hanover but I'm kind of on a scale here because I know what a good job he has done with the people he has on Hanover Street but there's other

apartments there without parking facilities but the owners live in the highlands so they're there every day watching or fixing the house which we realize he's in the neighborhood now so he would perhaps be there more often so the concert is pocket criminal and perhaps a thought of configuration differently in the house to accommodate less people thank you sir my name is Paul LeBlanc

and I lived at 707 Highland Avenue okay right on the corner of president in Highland yes so their property is a couple of doing uh Three Doors Down well I he's also his two family a big giant on the corner of Hanover property about smart property the two families that live there great never a problem my concern when I heard that it was up for auction who's going to buy it who's going to win that bid

and what's it going to become when I heard it was going to be nine Apartments I was very concerned I said it's I'm glad somebody bought it but can't they go like seven units because I know the locked real well um I'm in favor of this project I'm glad someone who I already a butt that owns the property maintains a great home a beautiful property that abuts mine my concern what was going to happen on

the corner there when that who's going to buy that building I'm glad I found out it was this guy that possibility I'm in favor of the project I understand nine units is a lot seven I'd be all for it but three is absurd for a project actually and there's a park directly across the street for crying out loud there's plenty of Green Space I mean I realized nobody hardly talks about Highland Avenue

I mean it seldom when there's a religious function at the temple um but I'm in favor of this project and uh you know good luck thank you thank you yeah you know Mr chairman one thing we haven't really discussed it what what is going to be where we're using the term unit what would comprise the H units yeah the proposal is six one bedroom units probably the number of cars would not even

get to that come come up to that and the nature of the one bedroom you're not going to have families residing in it I would be lucky if we get 11 costs in there yeah one of the questions that I have and this this goes back to a neighbor concern especially from Hanover Street yes I I understand you'd be willing to do something with some vegetative barrier but I'm I'm a contractor I'm looking at

these plans you don't have a lot of space between the edge of your parking and the parking lot on the Hanover Street side and even less in that northeast corner on the Stanley Street side so it's nice to say you might be able to plant something but I don't see anything substantial enough to mitigate the situation that we're hearing from some of the folks right across the street okay I mean that obviously well I think

you understand because I know what you do for work but you put out a yield plan you bring it to zoning we have these concerns if we you know keep going in the direction we are going I would ask that we have a continuance to create a different concept to come back before you um and we can address that concern Mr prayer more appropriately but obviously when you're in a concept phase it's not

well and I realize we're kind of tipping over into into site plan in that case but I think we've got to look at the whole project and and the impact on the neighborhood that's all I'm not going to you know make the most questions specify planting so no no make it a condition if that's where we're going but I'm also hearing the neighborhood being concerned about these nine units on this particular

project I don't know whether I just heard attorney celino saying you wanted to it's not all I'm saying is this is the zoning board of appeals the petition is for nine units we've got some parking you're hearing some of the neighbors from yes I like it right three units five units seven I mean it's not let's make a deal it's no I want to make sure it's an investment it's going to be a large

investment on the part of the petitioner right to redo this but I also the board has to be very sensitive and concerned about the people that are living in the neighborhood yeah I know that our I know that Mr tetral lives in the neighborhood and is investing there uh his past history has been Stella but the that woman who lives across the street and that man who lives across the street

they're going to be there understood so if you need time well you might want a five-minute recess if you wanted to talk so well not opposed to that but it's a little bit tough when you're the petitioner and there's no objection in the record to walk into this right because we didn't know what the objection was going to be Jenny celino I've been there I understand and I'm saying now this is

the first time that these people are hearing you get a chance to voice it yeah whether or not you need to table it to another meeting to meet with them and come up with some if there is any amicable solution or if you want table it for five minutes and go outside until I don't know yeah but what I like to do by May is Mr Tallman's gonna say a

couple of words he's the the engineer on the project um and then if anyone else has anything to say and I'll talk to Aaron briefly no go ahead okay go ahead yeah yeah no I just like to say prepare the plan and initially when we prepared the plan we were asking for relief for the parking requirement of the two spots per unit we were requesting 12 rather than the 18.

given the unit count that we were proposing uh the six one bedrooms in the in the three two bedrooms um so we were proposing a parking account basically one spot for a bed which is probably more realistic than the 18 that are required for the nine units with six of them being right now we had a plan all drawn up that way when it was filed there was we got some feedback from the city engineer and

stuff like that and that's why we revised the plan to satisfy the pocket requirement because parking was an issue listening to the about us tonight it seems like they don't want to look at a podcast they want to look at Green Space which is what we had on the original plan we can provide 12 off street parking spots Without Really changing much of what's out there in terms of the existing driveway uh that can be done

so if it's a matter of but you're reducing the number of parking spaces which would be done by special permit which is what was fire I got it well I shouldn't say I gotta yes I understand I don't know the board members I think also understand it but it's the number it's the count that I think we're getting into single family residence District we want nine units we're going to read

so yes we can do it but I don't know it's like a quadratic equation here we go what are we doing where are they going we've got Peter attorney saline yes I have quadratic equation I mean it's the only way I can say it it just like keeps on going it's a new one for the Zoning Board of appeal it is this is the zoning board of appeals not in mathematics all right

um so I am going to make a motion to continue this petition uh if I may to the October meeting to go look at the concept A little more closely and address some of the feedback we've heard this evening maybe meet with the neighbors yeah okay well I don't so yes ma'am when it went up for auction of course your thought is my God it's going to be a methadone clinic it's going to be a

group home it's going to be you know whatever that you don't want in your neighborhood so we're not opposed to the apartments but to say 12 parking spaces it's one bedrooms it might be one cup no at that income that price point it's a two person it's couples more than likely the account there was only three two bedrooms everything else was one but a one bedroom at that price point it's

probably a married couple with two cops or a young professional so so this is so this is this is what I think I've got a couple years on attorney celino just a couple just a couple um and and he said he walked in here without knowing that there was opposition and there was no opposition as a matter of record prior to tonight uh whether or not he's going to invite

you all and say let's talk about what we can do to get this done I'm certainly not going to attend attorney celino out of practice but there's enough of you here that I think you need to talk to him and Aaron and say it's our neighborhood we want you but but he could say get lost I want nine units come back in October and the board will decide yes or no but um it was

important it is if anybody watches the meetings this is very important for a neighborhood to come out and voice their opinions and let the board know and let the petitioners know what the impact you see for your neighborhoods it is extremely important by doing nothing we don't know I go park out there and take a look at things during the course of the day it's not the same as living there you live there

but if you're going through the hand of a parking no entrance it's an issue there's a big difference Highland Avenue and over Street you know absolutely if they have a function there's no parking whatever occasion it's not it's not a daily occurrence mass at Holy Name Church every Saturday and Sunday several times a day no popping whatsoever so I think we're not opposed to the apartments I just think

maybe a compromise on the number of apartments thank you attorney celino so your motion is to continue to be October 20th meeting yes okay okay members of the boy that's his motion do we have uh anybody want to entertain that motion say yes a motion to Grant to the October 20.

continuance to the October 2nd by Dan dupe any discussion hearing none John Frank yes Jim caucus yes Dan de Perez yes Joe Pereira yeah yes this petition will be October 20th meeting hopefully you'll talk to attorney celino or Aaron between maybe there'll be some compromise and if not the board will decide one way or the other thank you very much for coming out this evening okay agenda item number six

Hector Angel care of attorney Joseph J Machado 209 Manchester Street map i-23 lot 25. the applicant seeks a variance to convert thanks an existing three-family dwelling two or four family dwelling okay can we take it all outside please thank you excuse me I'll be right there it's all good foreign excuse me can you take that conversation outside thank you so we'll get back to Hector Hector Angel

care of attorney Joseph J Machado 219 Manchester Street map i-23 watt 25 the applicant seeks a variance to convert an existing three-family dwelling to a four-family dwelling waving all zoning requirements in an A2 apartment District good evening will you identify yourself with the record please David Durant okay I'm the property manager of this project okay first name David last name

d-u-r-o-t d-u-r-o-t thank you address yeah in a dress where do you oh my my business is at 117 Martha Street in Fall River okay

oh I don't see your name anywhere on any of the any idea where attorney Machado was yeah he could make it tonight okay foreign

thank you so go ahead David tell us what we want to do okay so this was a complete gut job of a free family yes um on Manchester Street and each unit's 897 square feet Yes I want to create a two bedroom in a in the basement which has three egresses one um what two windows 36 by 30 and a walk out into the backyard this is the zoning board of appeals that's an issue for the

building inspector but I understand what you want to do so we'll do it and we won't do it but we'll listen to you but I want to make sure that you understand the building inspector no no no no no you're here because the building inspector said you can't do it correct but the things that you're talking about in terms of specifications and what's there this board has zero Authority this

is my first time ever doing it I got it I got it so just sit back relax I just want to be clear that if this and this is why my opening speech is five minutes long I want to make sure that you understand who we are what we have authority to do so you're telling me you have three means of egress the windows that's an issue for the building

inspector to tell us yes no so long as you can get a certificate of occupancy if we Grant it that's between you and the building inspector this is only I want to do three to four that's what we're going to listen to that's basically please continue we want to basically take this three unit and turn it into a four before you okay um to alleviate parking on Manchester Street we are planning on putting in a

six car parking lot on the side yard because it's surrounded by four families five families and six families there is the rough street parking currently is there often there is no officer parking actually I apologize there is a garage yeah that needs a new roof but that does have a capacity of two is that going to keep that good going to keep we're going to fix that up as well so you're going

to have that will be used for parking too or stream parking there correct so you gotta have a total of eight off street parking spaces six the street is also 30 feet wide but a lot of the a lot of the multi-families in the area Park on that street because of its width it says 50 feet 50 feet wide it says Manchester public 50 feet wide oh my God I got my

tape measure out I came out yeah it may be 50 but it's built to 30.

it's pretty substantial yeah okay in the parking lot so the parking lot is going to be between the garage and the house this way here correct actually we're going to come off at tishami Street we I had an excavator come in and clear out the entire yard oh okay so off to touch the street yeah and then we'd have to obviously get something so they could cut the curb and we can bring the

driveway up so curb cut will be city council petition not zoning board okay no I understand that I'm just just telling you all right no no sir I've got it I speak this way about the zoning board because some lots of people come before us and think that we can I'm the mayor with us with a city council with a planning board it's the zoning board of appeals that's all we can deal with

I just want to create a nice atmosphere for this for this property because the neighbors around us are all single families with their own driveways okay three unit building we're going to add one apartment and the one apartment is going in the basement that's correct okay and there will be no Mechanicals in the basement if the board granted it's gonna okay members of the board any questions um good

well there's no parking designated on the plan um so we don't know if six cars could fit in addition site plan review right but if we make a condition that it goes that it doesn't go forward if they correct just get it if you remember the one that we did the Spring Street the one the one that we just granted the five unit we said the other one if you

have it yeah then you can have it if you don't have it then you don't have it right exactly I mean that's the art but you can make in a condition eight and it has to be subject to site plan review and because it's a basement apartment it's going to be subject to occupancy issue from the building inspector and fire department right yeah I mean it has to go through all of those occupancy

reviews that is outside the scope of the Zoning Board of Appeals anyone else any other comments no no I'm a gentleman line with John I mean I'd I'd be happier if there was something yeah it was going to be so then it was it was measured out but if we can we can cover it if we want to move forward that's correct the same way we did on that last one the last week

last month I see how that turned out I don't know how it turns out anyway is there anyone here in favor of this petition is there anyone here opposed to this petition okay members of the board what's your pleasure do they must be have they met the standard um planting of the variance to convert the A2 use allows the three four that's a multi-family so that's not an issue it's really dimensional requirements uh

it's only got 5277 but the lot is what it is it's a pre-existing non-conforming anyway subject to the building inspectors issuing you know every other department issuing but if you say no could this be a special continuation of a non-conforming the petition is a variance yeah so let's do it with the variants yeah no no I don't know I don't I didn't do enough research on it I looked at the

plan looked at the application and said this is where we are with it but if we do do it parking has to be a consideration and inspection for habitability from the building inspector needs to be a condition there's no change in the footprint no everything internal is Right everything confirm everything is internal yes so that's what we've got just chairman and I have moved that we Grant the

variance conditional upon uh site plan review uh with special emphasis on the proposed parking availability and uh I think that if yeah so the condition being the parking availability eight

if they mathematically if they can't get it I mean ultimately though I mean the parking on the street again is such a wide street but if right now there's no there's no condition so the board's condition is you need eight off street parking spaces if you don't have eight off street parking spaces if site plan review calculating however you're going to put the eight unit if you can't get

eight then you're not gonna get the fourth unit okay fair enough it's got to be subject to inspections if approved if approved yeah I mean if they site plan review goes back so that was I already hired the uh people to come and start doing those yeah if we get approved on this they're going to come in and start doing it okay subject to the approval of the board please yes so Jim corkins made that

motion so we have a second yeah a second that was your career jump around a second any discussion on the motion hearing none John Frank no John Frank no Jim corkins yes Dan de pal yes Daniel Pierre yes Joe Pereira yes Jim and Assad yes so that this petition is granted with those conditions subject to site plan review if they say no you you may not have anything it's all good

okay good good thank you thank you so much guys oh that's good agenda item number seven forget your phone it wouldn't have been all good his property management he knows better okay so let's get back to uh Vanessa's valaldo here of Attorney John R Mitchell 1951 Pleasant Street map j11 the applicant seeks a variance to convert the existing three unit apartment building with one commercial

unit into four residential apartment units in an S single family zoning District waving all-dimensional setback use and parking requirements Tony Mitchell good evening Mr chairman members of the board John Mitchell um 105 Bank Street forward representing Mr Menzies and uh we're here this is compared to some of the others you've had tonight not quite as extensive um this is a unit it's one of the old storefronts on

upper Pleasant Street um in fact there's two or three buildings around it where there's soft fronts have already been yeah right next to Coughlin um a couple of the others have already been converted from store fronts to residential uh it was used until a couple months ago kind of commercial it was a part-time real estate business correct in there um office Mr Menzies would like to he lives in back

um and if there's two apartments on the first floor two upstairs he lives in the rear he wants to convert this he's a disabled veteran uh he's moved here from Boston sort out a property that uh you know was affordable to him of everyone to live and not and he's looking to rehab and he's already talked to hasn't applied yet but he's talked to the veterans um Administration about getting some help

to make a ADA Compliant apartment that's what he's looking to do have coward is wide enough there's a chance he may end up more disabled and he wants something a little bit bigger uh bigger rooms wider Carver it is more room to maneuver a better bathroom that type of thing so it's going to be on that it's going to be where the store Front is right so as I'm driving Pleasant Street and I see

the storefront that's going to be the unit that'll be the unit then it goes back in the back uh yeah odd shaped lot it's very high shape and certainly very you know the they did a remarkable job fitting that building on it whenever they did it but um it's um and that's what's going on that's a geometry project but um they did fit it on and um he's lived there for three

years now you know wants to make that his home and to move in there after some Renovations so that's what he's asking the boy to do good yeah it's in the S District um and I will just I said I probably talk too much from experience but in this neighborhood there isn't one lot over there that meets the uh s District the planting board should probably rezone it

but I had when I was on family when I was on that side I went looking up and trying there's nothing in that District I think families are full or multiple anyway so I think the you've you're stuck with this building you've got that uh unit there at the bottom that was commercial use pre-existing non-conforming so we're going to turn it into a residential unit that's more conforming to a residential area

it's really so I don't know that's they're asking for a variance and looking for those requirements the waivers so any questions members of the boy that you wanna is there anyone here in favor of this petition is there any here opposed to this petition okay now there's no on street parking lots hello the neighborhood because the lots are so big there's not the same problem like Manchester Street it's uh

it seemed that there was lots of on-street parking yeah on Pleasant Street heading down there's some Big Lots there I mean yeah house is a big yeah a lot of stairs though most of those houses posting on the North side yes anyway so that's what we've got motion to Grant motion to deny convert to a four year three to four I'll make a motion motion to Grant didn't repair any second on that motion a second

enjoyed it yeah I don't know so my left ear was working so I got the I got Jim corkins for the second um any discussion on the motion hearing none John Frank yes Jim corkins yes Dan De Pere yes uh Vice chair Joe Pereira yes chairman aside yes that petition's granted thank you thank you thank you good luck good evening no it's good to see you trying to think I can't think of it shouldn't be any

conditions just a conversion it's going to be oh all right so John what's next so on first name last name of the petition it's evaldo is his first name surname is tell Mary Jo yeah you got to get the name straight here okay thanks yeah well it was but we had what we had but we had the right street address 1951 Pleasant Street we had the right map and lot so

all things are good it was just it was just a name it was just the name that when the decision gets done it gets recorded you want it done properly I don't want to be doing corrective decisions thank you thank you is there anyone that signed up for citizen input I don't see any okay we have some minutes of the August 18 2022 meeting that I was circulated does anybody have any additions or deletions

of acceptance second do we have a second was that John Frank John Frank any discussion on the motion no Dan tupiah yeah Joe Pereira yes John Frank yes uh Jim corkens chairman Assad yes uh can I get a motion to adjust very quickly one of the things that I've noticed is when I first joined the board we used to be able to display the plans the plans on the screen and that

always I mean I just wonder what some of the comments that we get whether it would Aid the uh and being able to see what we're talking about and uh I'm not making a motion that we do it by just no but we can I'm not I'll be honest with you I I do projective I do dozens of hearings on that side every year and we always bring large plans

set up on an easel so that people can see him if people can walk up and see we have got the built-in projector the the computer just plugged right into the uh Bank where they're already scanned uh the plans are already scanned and we do have cars so Nina maybe listening to Jim corkins maybe you can talk to the director of planning and see whether or not a computer or whether or not we can

go back to that if we got the screen and we got the projector we can do it I think even with the renovation maybe the technology exists if it does it does if it doesn't it doesn't but a couple of times tonight it was real helpful we haven't planted since yeah the people are objecting things that don't because they don't ask as a public service announcement the plans are available at the planning department

before the meeting to review uh but if we can look at that that may be good I'm open German we got motion to adjourn is there anything else that we need to talk about second business second okay any discussion on the motion no Dan duper yes Joe Pereira yes yeah John John Frank Jim corkins Assad yes the zoning board of appeals for the city of Fall River September 15 2022 is hereby close thank you