9.21.2023 Zoning Board of Appeals

good evening I am Joseph Pereira chairman of the zoning board of appeals for the city of Fall River it is 6 p.m on Thursday September 21st 2023. we are meeting in one government center and the first floor hearing room person went to Mass General Law chapter 40 30A section 29 subsection 1. I hereby notify all persons in attendance that the meeting is being recorded with both audio and video devices by Fall River

government TV Mr Craig Salvador recording a video and audio version if anyone desires to make an audio or video or combination recording thereof of this meeting please notify me now and I shall make an announcement of it they're being none let's move on our recording secretary this evening is Nina Kruger sitting to my immediate right present this evening are permanent board members John Frank James Calkins Dan De

Pere and Ricky sahadi also alternate member Eric Kelly as president um also represented tonight is the planning and engineering department at my far left Mr Dan aguiar director of engineering and planning and at my far right Mr Chris Perino our assistant planner Nina have all petitions to be considered been properly advertised and all interested parties notified in accordance with the rules and

regulations of the zba and Massachusetts General law 40a as amended yes I declare the September 21 2023 meeting regularly scheduled meeting of the zoning Board 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 of 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 chair the board's rules and regulations direct the board to specifically look for information which supports the petitioner's claim as such the petitioner should identify and factually support the basis for the petition I hereby advise the petitioners and all interested persons that this is the

zoning board of appeals and our Authority exists personally 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 board the zoning board this evening

the clerks and the building planning engineering and Licensing departments are competent in the discharge of their duties as clerks they are however not lawyers and are not competent to give legal advice the action taken by this board has a real and Lasting effect on the title to your real estate I urge all petitionists to seek competent legal counsel before filing your petitions and after a

decision of the board has been made for example there was a city ordinance 2015-11 section 10-1 which requires site plan reviews a copy of the ordinance is available at the city clerk's office or from the planning department I remind everyone that the building inspector is the zoning enforcement Authority and you are here this evening because the building inspector has determined that your

proposed action is contrary to the city of fall River's zoning ordinances the city Charter section 19-9-18 mandates that all multi-member bodies develop and adopt rules or policies for public comment we have adopted such a policy which in short provides for Citizens input on zoning board specific matters at the end of the meeting I'll point out that anyone who wishes to speak during public input

there is a sign up sheet on the table just outside the back doors I disclose that an official copy of the zoning ordinance is available at the city clerk's office one cannot rely on the online zoning ordinance that being the case there's a couple pieces of housekeeping if you are here regarding items four which is Flint Mills five uh uh Chase LLC or six um the Antone and Barbara and Souza properties

we are shifting those as a courtesy to the attorney who has another meeting tonight those will be items 10 11 and 12 on the agenda so if there is no opposition from other petitioners that are Beyond item number three you're going to move up a little bit tonight I know you love batting cleanup so it's like so we move into there is no old business to come before the board this evening so

we move directly into new business item number one David Muse 73 Blaine Street map l16 lot 95 the applicant seeks of variance to exceed maximum lot coverage in a g General residence zoning District as a petitioner here

and if you could state your name for the record David Muse sir good evening for the record my name is Zachary glass from existing grade okay tell us about the application so the the reason we are here before you this evening is this is in after the fact variance request for an exceeded lot coverage within the general zoning District the applicant had poured a patio unbeknownst to knowing about any sort of

lot coverage requirements and again that's why we're here tonight is to fully obtain a variance for that poured patio it took the maximum lot coverage of 25 percent and it has brought it to 38 percent um and see on the plans there the patio encompasses kind of the back and the um southern side of the house and what the mitigation measures that were installed was there was a French

drain kind of a trench drain along the south side of that which everything sloped to to gather that runoff and then it is being infiltrated to maximum practical through a drywall that that feeds um so I mean that that's kind of the basic gist of why we're here again is to obtain a variance to exceed the 25 lot coverage within the general zoning District 238.01 percent South Side is that what you said the

drainage is on South yes the drainage is on the south side because that's the general direction that that Lodge slope so it captures all the runoff generated by that impervious area and then it infiltrates it in the rear yard through that drywall well people sit in this room will tell you that I'm out of I'm not a fan of uh after the fact variances but sometimes things happen what would you consider to be

the hardship involved in this matter High slope topography there was a um as well installed at the time of or when we bought the house I'm a disabled veteran I fell in that swell at least once and almost fell a number of other times just simply trying to move through the um my yard it was in imperative that I put something there that would allow me access to my property without falling I've got a a

had my knee totally replaced as a result of damage during my time as an Air Force veteran and it it simply gives me access to my room I mean to my property understood I think I think the legal matter is my understanding is this did go through planning yeah so there were I went through site plan review through site plan review was required that the drainage will be run along that subtly

boundary line to discharge stormwater out to Blaine Street to keep it from going into the neighbor's yard who had had some past drainage issues I can understand that that Swale created a topographically hardship for Mr Muse and he took it upon himself to resolve it without coming to the city and whether he knew or did not know you know the right process um didn't go ahead and have the work done

if it was in a pervious paver we wouldn't be having this issue because those aren't considered impervious but when I met with Mr Muse we had a discussion he went back discussed it with his engineer and they had proposed a drainage solution very substantial drainage solution and expensive and rather than even wait to get through this procedure he decided to make the improvements to protect your butter immediately um

I we had received a call and that's what brought this out from the neighbor during a rainstorm where they had some water in their basement I do not know or I am unaware if if that has happened again since these improvements have been put in place I don't know if that butter is here this evening or if Mr Muse has anything to offer with regards to what has happened in the past I have not seen

um any issue with flooding next door I've gone out through a few rainstorms it appears as though what has been put in place has protected the butter have you heard anything else from the neighbor because we've had some pretty pretty nasty rains not heard anything from any or no sir silence is good sometimes I'm sorry I said silence is good sometimes it is yes sir all right any questions from the board at this point

there be none at this point I would turn to the general public is there anyone here to speak in favor of this petition anyone wishing to speak in opposition they're hearing none I turn to the board for a motion on the on the matter Mr Sharon yes this seems pretty straightforward to me and after listening to the city planner I would offer the motion that we give the variance very good Motion in a second any discussion

very good on the motion John Frank yes uh Jim Calkins yes Dan De Pere yes Ricky Sahari yes and chairman Pereira yes good luck and bless you thank you very much thank you item number two Child and Family Services Inc Carol of attorney Arthur D Frank being represented tonight by attorney Joseph Macy 160 Osborne Street map G20 lot 45 the applicant seeks a special permit to expand the hours of operation from

Monday through Friday 9 A.M to 5 p.m closed on Saturday and Sunday to Monday through Friday 7 A.M to 8 p.m and Saturday Sunday 9 A.M to 5 p.m the property is located in an R4 two-family zoning District good evening good evening Mr chairman members of the board my name is Joseph Mason I'm an attorney in association with Arthur Frank with offices at 209 Bedford Street to make the record clear we are seeking to amend

the previously granted special permit this board gave us two years ago 2020.

the reason that we're here tonight is that the state has mandated that we increase our access and has stipulated that the hours we are to be in operation are the operas of the hours we're requesting so the extension is um at our request but it's precipitated by the state's changing contract it's not um arbitrary on our part I think from the board's point of view since we already have

the special permit there won't be any change of use the basis for the extending or extending the hours is to increase access to our client population um we don't anticipate a great increase in the number of people coming for services despite the increase in hours we expect that we'll be more convenient for them but we are constrained by the fact by several facts but the main fact is we

won't be increasing our staff so we have sufficient staff to service what we have and we have probably sufficient staff if the caseload expands to go into these hours what we frankly don't believe that there'll be a substantial increase there may not be any increase at all because we're increasing access not our Target population and in speaking I'm sorry this is Wendy vitello she's the CEO

of a child and family services and certainly she can answer any questions that you have but we're not seeking to expand uh area of operation our clientele State told us we need to do this and as kind of ironically I suppose they didn't give us any uh extra money and they didn't increase our staff so we don't anticipate this to be a tremendous expansion even though it is an increase

in our hours so we'd respectfully ask that you grant the extension right so this is this is a modification sorry this is a modification to a condition of the special permit that was uh initially granted have you had any commentary from any of the butters after they received notice anybody come knocking on the door expressing none came to us and when I spoke to Ms patello today and

Wednesday I think is nothing from The Neighbors any comment from the planet the only comment that I would have two comments actually one would be is that we do not amend decisions so your vote won't be to amend the past decision it'll just be simply to Grant a new special permit right for the hours only nothing else yep um and in conjunction with what um attorney Macy has stated when you just

look at the times that the organization was allowed to be open how difficult is it for a family member and a child to get to an appointment between nine and five during the work day so the ability for them to be able to access these Services after work on a weekend I think is is a fantastic idea only question I have is we will you be guys working extending hours now for the

actual employees you have with this bag of shifts now well not that it really matters let me saying that that's a hot button I I spoke to Wendy about it and um since we're not going to and can't increase our staff we're going to have to do some staggering magic that some people will work Friday nights and they won't have to work Friday uh Monday mornings we're really wrestling with

that at this point right well thank you just a question no nothing else very good Mr chairman very clear yes um attorney Macy just as a point of information what did the state actually mandate did they mandate specific hours yeah thank you it's it's on page five now all we have to do is find page five um and I have to be able to read it on page five of 19 in the contract that um

was sent to us and others it's telling us what we must offer in terms of services hours 1A cbhcs must be open and that's jogging for community health centers community behavioral health centers must be open Monday through Friday 8 A.M to 8pm Saturday and Sunday 9 A.M to 5 p.m then part two or paragraph two talks about how one would access our services within those hours that's not a change

to what we do now but um and I'm glad to submit it uh for the record and I'll get my own copy if you'd like it or just that just as a point of information so this doesn't need the state requirement well we need to do this to meet the state requirement otherwise you don't get the funding otherwise otherwise yeah I guess the compliance I knew I knew that was what

we were going to say out of compliance how dare compliance okay any other questions from Ford I would just wonder if there's any expectation that this may even be further exacerbated or increased in the future and whether or not that this perimeter is the correct you're you're familiar in many ways maybe more than most of us although Mr Francisville with the vagaries of the state bureaucracy I don't see how

unless they want to make it 24 7 they can make US expand our hours anymore um and of course because we don't have a specific Target population um I'm not too concerned about them expanding uh scope of services but to be honest we don't know okay we don't see how they could is going to do I'm having you pick my lottery numbers okay I'm not good at that either so anything else from the board

is there anybody here this evening to speak in favor of the petition anybody to speak in opposition to the petition okay the hearing then I turn to the board keep in mind this will be a new special permit so we have to address the issue of effect to the neighborhood uh is it more or is it not substantially detrimental to the neighborhood and then the the atom itself I'll make a motion a grant that it is

not more substantially detrimental to me okay do we have a second on that a second second by uh I'll give it to Jim uh discussion on that okay on that portion of the motion uh John Frank yes Jim Calkins Dan De Pere yes Ricky sahadi yes and chairman Prairie yes and then on the special permit itself I'll make a motion to Grant with the new hours of operation from 7 00 a.m to 8 P.M on

Monday through Friday and 9 00 a.m to 5 p.m Saturday and Sunday second okay motion and second by John Frank and Jim Hawkins any discussion on the motion Ricky sahadi yes Dan De Pere Jim Calkins and John Frank yes Jim prayer yes thank you very much good luck thank you thank you thank you item number three I love the name roll the dice LLC care of uh attorney Mark L

Levin this is 160 Linden Street map 102 lot 36. the applicant seeks a variance to allow 46 units to be built in place of the existing church and rectory waving lot coverage front yard side yard and rear yard setbacks the applicant is also seeking a special permit for 86-445 to reduce the number of off-story parking spaces required the property is in an A2 apartment zoning District jamming yeah this is the board

for the record Tony Mark L Levin 138 Rock Street for Massachusetts I'm here tonight with Michael Amaral one of the principals of roll the dice foreign so this is unique property it's at 160 Linden Street as you can see it's an existing building with two wings that's how it was constructed this used to be the sacred hot church and the other Wing was being used as directory we are the priests and

others had lived there this was there for 150 years the building itself contains 45 000 square feet and when you deck it within the size of the the property even what we're asking for the units will be anywhere between 800 and 1300 square feet per unit because some will be lost in the church if granted now currently this is historic property with magnesium magnificent brick and stone structure

but it's now vacant has been vandalized if you drive by that before you came here the meeting you'll see most of the windows broken you it's been spray painted inside and outside with graffiti and they have been and still are invited people that are living around it and unfortunately in and my client has you know last week has been seeking to do what he can to make sure that that ends now this property is

in an opportunity Zone this was created by the city of Fall River to bring Investments to distressed areas in the city in the spur growth and this is exactly what my client is looking to do one of the features that people forget and I didn't pay attention till my client came in there hasn't been a real estate tax bill pay for this property for 150 years once dialed that this is going to be a

useful property one way or another it'll be taxed it'll provide income to the city for municipal Services the neighborhood the parks that are around it now my client desires to convert and construct within the footprint of the building 46 units the use in this neighborhood is an A2 use now I know it's exempt is Mr Aggie I pointed out when I first applied for a special permit had me changed to a variance because it's

exempt they deemed that it didn't matter but it was used to the church it was a hall of assembly the this would allow by square footage 20 apartments in its place in the unit A2 District allows 20 Apartments anyway unfortunately because the area is deficient my client said well I can put 20 units in the rectory and because it's suitable and it's actually easier to do than putting the decking in that you

need in the church for the Lofts but unless I can get a variance to use the church that church may have to go and that's something he doesn't want to do it's it's historical property and I'll give you a little side I even attended this church for Christmas Eve choir I have my friends but she goes they belong to this church and I was in junior high in high school I was a base

not surprising and they were looking for someone to sing so they invited me and I went to the the choir master and I said you know just you know I'm not of the same Faith sir when you sing you pray twice and I sang that for six years and I have very fine memories of that my youth and the building still stands regardless of this building stands now the interesting part which is unique

too is this property of buds three streets three public streets now I know that we are asking for reduction of parking but the calculation by the engineer is even after we put in the entrances and exits to the parking lot that we expect to do there's still 42 spots that surround the building just on the boundaries of this property now if you look at the 62 that we are going to

create and have those 42 there are 104 parking spaces even if my client had to provide all the parking there's still extra parking outside this area that you need there's never going to be a need for those by their pocket across the street you have the condo that was put in that was part of the church and they only have one-to-one parking they have no problem parking on the property now just

to look this as an aspect of what was there and what was being used this church has pews for over 500 people the rectory slept 30 people in any one time the proposed 46 units would significantly reduce the parking needs that the church would have had for people coming to the church now we're asking for a special permit beside the variance for the use to expand the entire property and use it all the

special permit will be will reduce the parking requirements by 30 parking spaces but still allow us 1.3 parking spaces per unit that's a substantial reduction of what the neighborhood would have experienced at any one time when they were up to 500 if not more people coming to the property presently just you know what's on the property while this church was a church in their rectory there were only 10

parking spaces on the property alone my client will expand it to add the extra 52 parking spaces because he's got three sides of the property with his vacant land that can be used for opposition is this is not substantially more detrimental to the neighborhood and in fact what is there is this derelict unfortunately historically beautiful church is not being used for anything now my client

originally thought some would be twos and threes but he's only going to do two bedrooms he after he's been spending time working on plans he said there'd be two bedrooms they'd be approximately 20 units in the rectory and 26 units in the church building and some of those Church unit buildings because of the height that ceiling is over 50 feet high would be loss so it'd be you know bedrooms on

top and kitchens below so it would be very attractive now you know this building is unique the and it's Unique in the zoning District it's strikingly beautiful and it needs to be preserved and rehabilitated to preserve a key element in four of his history I mean this has been here for 150 years this unusual building is very sound it has value it remains well suited to conform to convert it to apartment

residential uses at are requested and that actually establishes the uniqueness of this property in this neighborhood and as I I gave you a big package to read I don't know if you did but I cited the case where there was a wood frame Church where someone wanted to convert and the neighbor appealed it and the court said no the fact that this is a useful church and you have a bylaw that says

you should reuse property you should continue look at the valuable property before you take it down is important and it was upheld that variance now the structure was constructed over a a century ago ago it doesn't meet any of the current codes so there's a substantial amount of money in financial aspects to this it's going to be upgraded for NG codes fire codes building codes safety

codes I mean this isn't undertaking that is not taken by my client lightly in fact one of the I will say what he said exactly when I told him well just tear it down and do it he says I I plan to go up not down he says please don't make me do this I said well it's not there but this existing building just to convert the rectory into apartments and leave

the church vacant is not economically sound and or feasible or even good for the city of Fall River um I mean and again I talked about some cases in there there were three cases that upheld this type of a thing with the structure alone is the hardship this board has the opportunity to promote the convenience the general welfare of the city to encourage the most appropriate use of the land and to

concern the value of the land and buildings and that's in section 82 86-2 of the bylaws so here you have the perfect situation where a property can be rehabbed repurposed keep a beautiful structure and the parking is going to be a minor amount of issues as you see in that neighborhood and my client can he went out there did studies and stuff without if you need questions on that part of

it's industrial you get a park on the other side and you have a few homes around there and yes people do park around that property but they're fleeting and my client doesn't expect that of the 62 parking spaces he will have on the property they'll be any need to go any further um I don't want to go on further because I gave you a big package say to the case

law that would give you the ability to approve the variance and approve the special permit and I'll leave that for you to ask any questions of myself or my client if he has better idea in the parking than what's being used and what is around that neighborhood thank you thank you hey guys big undertaking yes let's have a question regarding uh you mentioned 40 42 46 units a 42 surrounding the

property on the street uh it's in one of the drawings that the engineer did he set forth each of those parking spaces on a plane to say there were actually 42 parking space between Linden Pine and Seabury that abuts the property alone that's 62 inside 62 inside does that account for the new curb cuts that you're going to be making yes because he would have had more without the curb

Cuts in fact one of the suggestions was to make a he could have done some more parking by eliminating the curb cuts and so we're going to take street parking away so they they kept the curb cuts to a minimum so that there are still 42 spaces around them and and you're eliminating I believe it's eight on street by doing the curb cuts is it eight uh it might be in the plan

yeah so maybe if there were 50 before but now they'll be 42.

and just to let you know if you look on the three sides of the property one size Industrial the other side's the back of the condos and then you've got the park that right runs down that street yeah it's it's a unique unique location from uh engineering before we go to the board I would just offer that I mean I think it's a a wonderful project I believe they clearly meet the statute of

hardship due to the uniqueness of the structure and although you know financial hardship is not grounds for hardship that's personal financial this is the structure itself and the expenses that are required to renovate it for any use would require this this density of apartments and the Merit of the parking special permit standard has been one to one for apartment complexes greater than 20

units when we have on-street parking available I would actually recommend that the austrie pardon proposed on Linden Street those two 24-foot curb openings to provide only eight parking spaces I think that parking should actually be removed and we'd still be at better than one to one with those eight spars eight spaces gone I would rather leave those on-street spaces available for a budding

properties of whoever gets there first I think one to one is more than sufficient and you know removing those two large curb Cuts would be beneficial to the neighborhood by allowing those spaces to remain on the street how do you feel about that that's fine that makes perfect sense we just wanted to give you as much information people next door can't park in those eight spaces but they can park on the

floor on the street right and that was the other reason why I didn't want to go any bigger than two bedrooms because usually you limit the amount of cars yeah when you do that any other questions from the board before we turn to the public Ricky you're thinking no I'm thinking that um you have proposal by the engineer it makes a lot of sense to me um because of those eight spaces it will

be saved will be available to everybody as opposed to eight spaces within yeah only available to Residents so you're amenable to that value yes yeah no problem we just wanted to give you as much as we could just because we wanted to meet try to meet the code that's good that's we'd have 54. we'll see what the public says is there anyone here this evening to speak in favor of this petition

anyone to speak against sir answer you you and the uh the T-shirt first sir about 20 years I need your name Sir Jeffrey saws thank you we'll see Barry we've lived there right next total rectory of a small 20 years and there is no parking on that street on Pine Street maybe a couple of spots on it 46 I don't understand because we have to talk about cars sometimes on point speakers Seaberry is only a

one-sided park in the street you didn't mention that there was no parking for 46 cars sorry I wish I had a bus so we could all take a field trip okay Hawkins tight already especially when the snow comes

well I'll just see where even yeah yeah we've we've also got the landowner willing to give those Eights on street parking spaces back and that's he's still got one to one inside well even as it is now there's not I'm saying there's not enough pocket and he's talking about across from the park he's not across from the park the Park's down the street he's across from apartment buildings

I disagree he's diagonally across from the park diagonally diagonally yes that's that's a cross well okay nobody was going to go pop down at the park okay I'm sorry thank you the other gentleman 20 seabird Street I've lived there for about 10 years on the parking in that area to add an additional 20 to 30 more cars and say that there's 46 spaces is unreasonable at best most of the

parking on Pine Street which was right up against the church itself is usually occupied by the time I get home I'm going to be home by 6 30. but that whole side of the street on Pine Street anytime there's a snow emergency those parking spots go away up against the church 30 more cars into that neighborhood when I think isn't there for it is just going to create another hardship for everybody that lives in the

two or three family in that area most departments have two to three you know two cars per a free family there's at least six cars four of them have to go on the street I have no problem with new apartments I have no problems with new neighbors parking in that area to park at all the difficult with the people that are already there depending on the time you come home

depending on how the snow is at the plowed depending on how snow removal goes a lot of those spots go away and then there's this decent Structure Parking along Pine Street I guess the park that gets plowed so poorly that there's absolutely no way you're going to be able to fit any cars in there during this summer but it's not the volume of cars that are coming and have a significant impact on anybody

that's in that area and again for the field trip idea I'd like to take you around there about six o'clock in the evening and see how many cars have already filled up I don't have to park in front in front of the house but I wouldn't want to have to take a shuttle to get to my apartment account tonight understood okay thank you both for the input anyone else in opposition

sometimes I have to pause I live 711 in the street so it's actually right next to the church um I sometimes I have to pop all the way down towards the church I can't pop in front of my house at all um the second thing is the brick wall it's falling away from my property and I'd like to move and fix it dress up the the wall I've owned this for about

eight days nine days so I just want to make that clear the and the only other thing I want to say and I understand people's concerns in the parking I get it but it shouldn't be unrealistic to think you can use some of your parking in front of your own property you know to say that I can't park in front of my property to leave it available for everybody I don't mind

sharing it but it's very tough to say you know I can't use any of my property to park in front of so everybody else can use it it's like me saying I can park in front of your house but you can't park in front of it so we're all fine with sharing we understand that um and if you listen to the engineer your your most of your projects are one-to-one well we've reduced it by

eight but that still being 54. we only need 46 then so we still have eight more parking spaces on the on site than what is being permitted in the city now so everything while around it if and especially if you look at the condo next door they have their parking lot on there it's a one-to-one you don't see parking on the street there because that's what we generally think normally happens is most of these

apartments people have one car some won't have any some may have two but now you're talking about you know 54 spaces within the property bounds itself and if there's a few that park in the street there's a few that park in the street okay miss agya the um the wall you're talking about obviously runs along that that the South property line of the church property um I noticed it it's in it's in

disrepair it's probably been hit God Only Knows is part of your development plan to redo that wall remove that wall I'm gonna obviously I'm going to address whatever needs to be addressed because like I said I I think it was roughly about 10 or so days ago I closed on it eight days eight days ago do me a favor um if we approve this tonight make sure you get the at least Mrs agias or Ms agias

um contact information and she yours so that you can make an arrangement go down and take a look at that situation no I will that would be great I will um and the only other thing I want to add is we gotta we got to remember we can't keep it vacant so that's the only way that it'll never impact parking I can't stay empty was that wall when the tanks they removed recently no okay

and we had two big I don't even know what 500 gallon tanks that unfortunately we're not in sound condition that we had to well the church did the church well during the summer we caused them to take care of that because we said we weren't going to take a title to a 21e issue so that was done but we I just want to make sure people understand and I can appreciate that concern but we can't

just choose to leave it empty to provide parking so you got to think about it if it was a church or what it's going to be now not staying empty because it's not right to have a property you can't do nothing with to make sure you don't use parking with the chairman with the garage to the wall I can offer that you know if the project moves forward through the Grant

and the variance site plan will review will address if the project does not move forward because you do not act on favorably on the variants I will speak to the building inspector and more welcome Mr Emerald getting the wall fixed either way that's fair that'll get resolved very good thank you um anyone else in opposition I started another hand up this gentleman right here in blue shirt McDonald's

what's the address what's the address sir 130 142 Seavers and I'll tell you the same thing on the parking I mean you go buy that buffering anytime after late afternoon and you can't get a Poppy's car on Sebring there's been plenty of time before I've had to pull into the driveway of the church just to run into the property DeBary Street only has parking on one side all the way up to Bedford Street to wilchester

many many apartments there my property I've got at least 12 cars of my tenants that have to park on sea very stupid how many units do you have in your building 12 12 how many off street parking spaces do you have I don't have any but it's been like that for over 100 years to understood yeah and if you go off to the corner we'll see very nice that those people right there and it's

like I said it's crowded all the time I think if the property you know I don't have a problem with doing a finance yeah but if you reduce the amount of Obama's that through the U.S and put more parking or not popping because everybody like you said once some people have no cause but most people have two cups you You Weep we're gonna Park you know there's just no parking I mean

it's like I said if you take a ride by there late afternoon you ain't gonna get a parking spot s he's going to either fit more cars into that property or reduce the amount of apartments the only way to put more parking spaces taking the church down that's the only there's nothing else they have to do we've we've maximized and now the engineer says we should take eight away that we were trying to offer you to

keep on the property so now we're you know there's nothing else but taking that building down I mean the whole thing could come down and build a 20 unit Building without coming before zoning board but that's not what we want to do we we think this is a historical structure and unique to this city and it's actually unique to the state my guess is demolition of that building it'll cost you more than putting up a

new building uh or renovating the one that's there but that's that's just based on 40 Years of building um any other questions any other concerns from public any other questions from the board at this point this is complex we have we do have a one-to-one actually a little bit better than one to one even if the change of eight spaces is done within the uh within the confines of the property

I will agree it's crowded I will agree that most of the neighborhoods in our city are crowded as far as parking goes where they're a multi-unit um buildings and I honestly don't know where some people put their cars when the snow removal I am amazed it's um it's like it's like parts of Boston I mean it's it's that that's tough I think you've done a good job putting together the the parking Arrangement

here that you have is something to be discussed so we have a variance and a special permit uh with this if there are no other comments or questions from the board begin to I'd like to begin looking at uh at motions on this

foreign you're talking about two separate emotions here yes we're in we're in the uh we're in the A2 District so the 46 units that are proposed go beyond that which is allowed in the district so that would be a variance um special permit comes into the number of off-street parking spaces required we have largely although we are not a board of precedent we have largely gone to one to one with a lot of the uh the

apartments that have been applied for within the last couple of years so we're achieving that we're certainly just over that um with what was originally proposed but if we put eight eight spaces back on to Linden Street um you know that uh reduces the number inside and helps preserve some of the spaces outside so that still is the special permit request Mr chairman one other thing that you

potentially could do to try and help the situation is pick one of the Bays of parking um most likely the one with the 24 foot aisle and you could strike that out for compact spaces and create a few additional spaces in there so whatever that stretches of 12 take a foot off of each space a foot on each space another one or two on each on each Bay but

you're not going to get to two to one not that much

no because over the 24 we're only going to gain yeah you're gonna get one on each side yeah yeah two spaces by going combat

one of our wishes folks

either yay or nay one motion at a time variance variant stuff that allows the apartments so how do we make a motion that we approve the values okay motion by remember sahadi anybody on second with a 46 unit variance I'll second the motion second by John Frank any discussion on the motion John Frank yes Jim Calkins yes Dan De Pere yes Ricky sahadi yes chairman Prairie yes and then the question is on the uh on

the barking so so just you know the way this would work that if you did not Grant the special appointment for parking they would then now need to come up with parking provided at a rate of two to one either on this parcel parking deck for instance or on an adjacent parcel reserved parking contractually somewhere that would meet the Two To One requirement or a grant to allow the one-to-one

reduction like we have in the past clarification why do we lose those eight spaces because right now you are you're creating two 24 foot curb cuts to provide eight spaces for this site eliminating these things opening up but it's for the neighborhood the neighborhood's not going to lose spaces correct yeah for the neighborhood that those spaces oh no because you can't park in between you can't pop before you can't

park after right so I'm more concerned about keeping whatever parking we can on the street for the Neighbors on street parking I mean 18-foot parking space it's not a it's taking away it inside and they're gaining and then gaining four you might get four back on London Street it's not eight to eight no no that was that's up to you we're happy to accomplish that if you want otherwise

we'll have the extra power within the site or with the neighborhood Fields has remained inside the property I'm gonna make the motion to uh the first motion is on the special permit for parking yes and it is to make it not more detrimental is is that do we have to do a bifurcated yeah bifurcated I think the motion that is not more detrimental to the neighborhood motion that the special ingredients

with the amendment of removing those eight and leaving the on Street at the two driveways getting eliminating those two driveways so we'd have fun yeah 54 on-site parking all right so the motion that uh is that the the granting of the special permit is not more detrimental to the neighborhood with the codisol that the a parking spaces go away inside and that the spaces on the street are retained where there are

224 foot openings right now yes we have a second on that second from uh Ricky sahadi in the discussion and on the motion um there's not more more detrimental Ricky Sahari yes Dan De Pere yes Jim Calkins yes John Frank yes and chairman Prairie yes so then it is the the last item would be the actual granting of the special permit with the modification it was brought up in the bifurcation I'll

make a motion to Grant and a special permit with the modifications very good so the same modification in the by and the bifurcated portion of the approval stands on the modification of the parking do I have a second on that motion to improve keep in mind it still has to go to site plan review okay we have a second from Jim Calkins discussion the hearing no discussion John Frank yes

Jim Calkins yes Dan De Pere yes Ricky sahadi yes and chairman Prairie yes thank you it'll be a beautiful project all right item number four is becoming number ten so that means that item number five becomes item number no item number seven becomes item item number seven is Anthony Caton 106 Howland Street map b03 Lot 21 the applicant seeks of variance to divide the first floor apartment into two units

changing the building from three Apartments to four thank you uh in an R4 two family zoning District this is a big house good evening good evening for the record Joe Allman from Northeast engineers and Consultants here tonight representing Anthony Caton the petitioner on this application um quite simply what we're looking to do here is we have a a dwelling on the property it's a non-conformant dwelling

in the sense that it's currently a three unit dwelling um and it's located in the two family R4 zoning District so it's a pre-existent non-conforming building historically the building has been a four family dwelling okay previous owner without pulling a pyramid took the whole first floor and knocked down the division wall between two of the units it made it one Lodge four bedroom unit

as you can see from the photo that I passed out and the plan that's before you the building itself is like perfectly symmetrical it's almost as if you have two two family dwellings that were squeezed together you have two main entrances with a staircase you know an entrance that goes to the first floor staircase that goes up to the second floor um that's how the units were laid out as

you can see on the the information that I passed out to you um there's 16 total rooms in the structure eight bedrooms and four bathrooms which was the perfect layout thank you Chris for a four bedroom I mean for a four unit building which would have you know two bedrooms per unit and one bathroom for the two bedrooms and the occupants so quite simply what what we're looking to do with this petition is to

reestablish this house as a four unit dwelling uh back to what has historically been as you can see on the paperwork that I I passed out even though the property card itself calls it a three unit dwelling when you look at the previous assessments they all listed it as a four to eight unit well so there's some conflicting information there but I think as you can see from the evidence that's before you

from the pictures and everything that it was constructed as a four unit dwelling so that's what we're looking to do we're looking to convert it back to its original form to avoid human dwelling the the intent was at this time there's no Wall Street parking that the occupants currently use there is a two-stall garage located right on the street on the south uh was it Southeast corner of the property yep um

that is not being allowed to be used by the tenants at this time the idea being that the the uh Mr Kate was going to make that available for whether it be occupants of the new unit or um for one of the other units or you can split it up you know so that one you would use one spot when you could use the other um you know that's what he was looking to do

I understand there was some concerns about Wall Street Parking uh I did talk to Mr Caton earlier today and looking at the overall lock coverage right now he's just over 25 percent that particular Zone you're allowed to go up to 30 percent um so he has about 500 square feet to work with where he could put in an additional without doing much work taking down a little retaining wall two

foot retaining wall on the front he could provide two more additional off-sheet parking and still satisfy the lock coverage requirement to be below the 30 percent so he's not opposed to doing that even though it's not showing on the plan we can certainly the board feels it necessary to condition it we can do that in in that case you know we could assign one space per unit um which piggy bag and piggybacking on

the last application for this type of use in the city uh these would then all become be restored back to the two bedroom units uh so certainly um past practice the one space per unit would be sufficient even though it does not meet the uh the standard requirement um the augment I would make two is by converting this back to a four unit dwelling it would actually potentially have less of an impact on the

neighborhood in terms of Hocking in the sense that right now on the first floor you have a four bedroom unit one large four bedroom unit I own a four bedroom house right now I have three cars probably not far away I'm gonna have four guys um the idea being with the West bedrooms two bedrooms might typically just have the one car or somebody has three cars maybe somebody

else just has the one car or no cars so um you know as discussed with the previous application restricting it and converting these all back to two unit two bedroom units I think would help out the parking situation in the neighborhood and I'm not aware that there is any um you know problem right now with it the structures and the dwellings in the neighborhood are pretty well spaced out

I've been out to the site on a number of occasions there's always available parking on street so I don't see that you know it's not as congested as some other areas of the city closer to downtown where you have more multi-family houses closer together in this particular neighborhood I don't I don't see that being a big issue so with that I'd be happy to answer any questions that the board might have yeah

I mean it's it's a big piece of property it's a nice piece of property like so many other multi-families and even single families in the city it's squashed up up to one lot line which is for whatever reason they did at my house the same way now I mean one answer on parking is take down the garage and put parking spaces on that lawn that's to the east side of the property

um what's you what's the garage use for now does the process storage yeah I'm not a big fan of those right on the street garages as you back out and who's the tail of your F-150 um I mean Holland Street isn't that busy so unfortunately right and there's a lot of visibility in that direction so I pulled over right in front of this property when I went out there so uh from

engineering comments I know what some of them are well I I would first offer that the conversion from three to four probably could have been petitioned as a special permit for extending the pre-existing non-conforming condition but you have to act on it as a variant so you have to look at the hardship aspect of this the applicant was directed by the building department in the denial

paperwork that a special permit for parking is required no no such petition was submitted no discussion of parking so right now you can only act on this as a variance and if you decide to waive any parking it would be done so as a variance and there would have to be some level of hardship to to hang your hat on technically you could say you need to provide a which I think would be excessive yeah um

the one-to-one ratio past practice has been for developments of greater than 20 units so the higher density units that you get that ratio of parking drastically goes down right when we're dealing with the threes and the fours you know past practice has been give us what the the bylaw requires which is two so although right now they've got three with no parking so you've got to take that into consideration as well

but any any vote that you do take is is done by a variance just one second any idea why even though the denial came down specifying the the parking that it wasn't addressed the um I I meant to address that with the building inspector um and got sidetracked never had the chance I was going to make him aware of the the situation with the two assault garage and that that would now become available

and hopefully that would alleviate the need for the special permit um but I never had that chance so um and this was kind of the applicant had come to me simply to prepare a plan um so my I got into this project just to do the petition plan for him he was going to handle the application I felt like he could do that as he started to get into it realized you know it was a

little bit more work than what he was bargained for so he asked me to help him out in that regard so I kind of squeezed them in to get this done they get this wild and you know possibly overlooked the denial letter uh certainly wasn't in the request that went to the building department but I know it did come back that way um so you know it was an oversight um

I got to put you on the spot then since parking has to be addressed and it would have to be viewed as a variance hardship based on topography lot shape um lot shape would well not so much lot cheap but the configuration of the lot with the structure on the on the on the property location of the garage on the street um lock coverage a lot coverage requirements that are required in this

Zone where as if we were to increase and and provide all the Wall Street Parking that we need there would be additional that would just create a need for additional relief um the fact that converting this back to a uh to a four unit dwelling could in fact reduce the parking demand in the neighborhood so there's a number of factors I mean that there is a topography issue as you can see with the

retaining wall on the front um there is some grade changes in the back as you get to the West Side the property does so drop off going down the hill so what there are some factors there that would warrant the granting of the variance and certainly I would be we would have to ask the board at this point to view the reduction in plucking as a variance rather than a special permit

zero zero parking right now provided for the three units correct correct that's contention at this point in time is to provide two parking spaces via the garage correct and then two additional even though they're not shown on that plan we'd certainly make that available so there would be a total of four uh that would be made available to the units in the dwelling that's one to one yeah and if the applicant decides to

level the garage and use that crab cut to create the four just a double jerk out there anyway so that's what I was going to say we're going to lose on Street similar to the last situation this is very different this time because he's got the double width and the on string isn't necessarily the we I don't think we need to protect a Butters parking out here like we did

on the last one most of these homes have their own driveways and if I can't Ricky I apologize just a bit of housekeeping um Anthony Caton is the owner why does this paper say the Cahill's in the owner that you passed out to us oh he well he just purchased it in February um it was February 22 2023 and it takes a while for the assessors records to get updated the reference okay

uh any other questions from the board is there anyone present who wishes to speak in favor of this petition anyone wishes to speak in opposition they're hearing none I turn to the board we have a variance in front of us that would cover the change in and it is too bad could have been done by a special permit a change from three to uh to four units within uh this zoning District uh there is precedent

in town in City Records that it was considered a four to eight um right up until 2022 so there is certainly precedent here so I don't see that as an issue which is when I concur with with engineering that it could have should have probably been a special permit but you'd have to come back if we want to do it that way and you don't want to come back so then the parking itself becomes

variance where the hardships is mentioned you've got a retaining wall around the property you can't just drive in you've got topography on one end of the property you've got uh you know the the set of the house on one extreme side of the property and right now with zero parking spaces available you are talking for so we can achieve a one-to-one that being the case it is a variance so it's not a bifurcated uh

it's not a bifurcated vote um since parking wasn't mentioned it has to get kind of rolled into one I would think yeah just one yeah

anyone can choose I would I would make the motion to approve with that stipulation added in that the four parking spaces be created okay I'll second okay uh motion to approve with the stipulation of four parking spaces just a question on the motion uh it's created regardless of whether it's just putting them next to the garage or knocking the garage down or any way that they can do it what is your intention

the intention is to make the garage available now whether or not the the petition decides then to knock down the garage and just put floor um open or street parking spaces you know I think with this vote he would have that option but initially his thought was to make those spaces available and provide two additional spaces next to the garage so have a total of as long as they provide for us

as long as they provide four yes you can stack them yeah okay make a taller garage as long as it doesn't exceed uh exceed the height limitation of a garage um okay so we have a motion in the second on the variance do we have any further discussion or questions on that motion that being the case John Frank yes Tim Calkins yeah Dan De Pere yes and Ricky sahadi yes chairman Ferrera yes

thank you very much thank you item number eight Benavides 74 and 78 uh Pelham Street map F-22 lot 14.

the Apple concedes the variance to divide the existing 18 476 square foot property into three lots leaving an existing single family dwelling at 74 Collins Street on a lot waving Frontage and an existing single-family dwelling at 78 Pelham Street on another lot waving Frontage and area and building a new two family dwelling on a third lot waving Frontage area lot coverage and yard setbacks and

an r42 family zoning District good evening for the record Jeff Tallman from Northeast engineering with me here tonight is Marino Benavides the owner of the owner and petitioner um this application uh so what we're looking to do here in in I as you can see on the plan there's a lot going on here um when you look at this property and it is located in the two family four zoning District which would require

a lot to have 75 feet of Frontage and 8 000 square feet to have a two family dwelling on it this lot itself If This Were a vacant lot we could go buy right draw a line right down the middle have 75 feet of Frontage on 175 feet of front there's on the other side and build two duplexes we have the area we have the frontage and we can go right to site plan review

um but as you can see that's not the case there's a number of structures located on this property there's an existing single family dwelling number 78 located at the southeast corner of the property um which is kind of a unique structure in a sense it I believe it's a converted garage it was originally a garage and then I want to say probably sometime in the 80s according to the what I saw on

the property cut it was converted into a residence with the um the apartment being on the second floor the whole first floor of that structure is an open garage so if you look at the property card you just see the one door in the front but there's actually room in that building to park six cars certainly we're not looking to do that we're looking to take credit for the ability to pull in and

pop two cars on the inside of that to provide the necessary parking on what would be lot one that was showing here behind that we have an existing two-stall garage to the west of that is an existing one-stall garage and then to the far Northwest of the property is an existing single-family dwelling number 74.

um these because of when these well specifically number 78 was converted into a residential apartment after zoning was implemented this doesn't fall into the category of being at 86 423b division by special pyramid this requires a variance to to create these slots so it's part of this application we're looking to divide the property into three lots lot one would be the the where number 78

um Pelham yeah Pelham Street would be located um again with the all the required Ball Street pocket to be on the on the first floor or the lower level of that structure uh lot two would be a larger lot which would house the exist the number 74 the single family dwelling in both garages to the both the single stall and two-stall garage would be located on that property lot three would be a newly created lot

which under the Bible would meet the definition or meet the requirements of a single family dwelling lot with the 75 feet or Frontage and six thousand square feet however what we're asking the board to do is to approve a duplex on that on that property in total looking at this what would ultimately end up happening is you would have the the four residential units located on the overall

property that would be allowed by Wright had this been a vacant piece of property so basically this application would give the the petition or the ability to basically use this property um in the manner that the zoning currently intends it to be used I know there's a lot going on here um but again we think it's a pretty fair assessment and a pretty realistic ask for a petition so with that I'd be

happy to answer any questions that the board might have well it seems that Lot 2 ends up with the Lion's Share of parking at this point is there going to be some type of or would they or be a proposed Arrangement what what's the parking situation on lot three well lot three that would be a new duplex there would be um they would they would have two off-shoot parking spaces even though they're not

shown on yet we would provide the two RC pocket spaces as required uh by the zoning by by law so all the parking requirements would be met certainly as you can see on here there's enough room on lot two uh lot one as we discussed has that the whole lower level of that structure is open to parking so you could certainly easily fit two cars in there and then the four spots would be

provided on lot three for the necessary I'll shoot parking hardship pretty big variance here yeah well again Hot Chip being the when you look at this property and you look at the existing structures and the location of these structures on the property in the lodge vacant area at the Southwest portion of this property that is currently not being utilized or anything not for Wall Street Parking not

I mean it's it's yacht area I don't believe it's actively used it's just a maintained lawn um it's more the shape and location of the the existing structures on the property that would be the hot chip in this particular case again if we were if there was nothing on this we would certainly just go right to site plan review and with two duplexes and be done with it but you know unfortunately

that's not the case it's not the case right unfortunately so turned engineering when I looked at this I mean my first concern is lot one being so small I don't know why the rear garage there was not made part of lot one getting that to meet at least the six thousand square feet in area have a reduction in Frontage would be would be fine because of the location of the structure

lot two is well oversized so you could definitely take some area away from that I don't see in the petition that relief was requested for lot coverage for Lots one or two only for lot three um so that's going to be an issue well I believe it was specified for all the Lots it was meant to include I'm just reading what the what the narrative States and it spells out each I didn't pull out

the applications on the floor in front of me but if you want to read what the application States I thought it was only a lot of coverage I thought I said on the first lot waiting Frontage yeah the waving minimum lot area Frontage and Yacht setback requirements as well as minimum lot area was meant to apply to all the lots to listen no but and then when you talk about lot three you specifically reference lot coverage

but didn't reference a lot of coverage for the first two lots while area unlock coverage are two different things I get that the but the application was intended to I to basically describe the Lots not not the relief that was solved if you're being sought but didn't you didn't you enumerate the specific relief for each lot at least that's what it is in the advertisement um no I mean we just we gave the

description of the Lots how big they would be so you can see that and then at the end that last sentence um the waving minimum lot area which applies to you know lots one and three Frontage which applies to uh one and two yard setback requirements and minimal lot coverage apply to all the Lots so um although lot 3 wouldn't require setback relief because the election structure that's backup so let me read the petition

petitioner proposes to divide the existing parcel 18 476 square feet into three lots leave in an existing single family dwelling 78 Pelham on Lot 1 a 3150 square foot lot with 40 feet of Frontage on Pelham Street the other existing single-family dwelling 74 on lot two a lot with 30 feet in front of John Pelham Street in construction of a duplex on lot three waving the lottery and maximum lot coverage requirements so

you are you're correct the petition is correct the advertisement is wrong um How It Was Written so I don't know how that happened but I apologize yeah so no issue with regards to a lot coverage just the overall configuration all right it's a it's a jigsaw puzzle questions from the board at this point anything else on on that Dan nope questions from the board

why can't we do the garage the garage the back garage is staying with the single thing the 9 000 square foot yeah and they're yeah the reason um again we didn't do that is because the whole lower level of that structure is a garage right so the additional garage area wasn't like required the use of the garage wasn't required for that lot certainly would add to the to the lot area

um but it would be an unnecessary like I don't know if the the owners of lot one would have a use for it at that point because of the size of the garage unlock one so you keep referring to the lower level of the garage what's on the upper level just storage no the upper that's the apartment that's the apartment yeah so it's a whole like it it's basically you know uh Slavic raid with the garage

being the whole footprint of the whole first floor footprint and then a unit above it okay foreign style garage a big one in the front it has to be one garage door but the see that's the street yeah yeah it was likely in you know initially a a garage um just looking at the date of you know construction date of 1987. I'm guessing that's when it was converted into a residential unit

used to be some kind of piping company and I usually I use that for stoves refrigerators paint things like that for my apartment buildings and I have a son that lives in the back there he just came back from the Marines my intention is to give him that in the near future all right and fell off the two buildings in the front any other questions turns to the public is there anyone here

to speak in favor of this petition anyone here to speak in opposition come on it's quite the jigsaw puzzle I I'm I have a problem with Lot number one and and the coverage on that to be honest with you considering how much property we have to carve up um looking at the neighborhood looking at you know space out there Etc that's bothering me I'm one member of a board

um the petition is not opposed to making lot one bigger and taking some of that area away from lot too you know put the garage put that two-store Garage on lot one um you want to put this on it yeah yeah and you could also reduce the 30 foot 30 foot width for access to yeah and gain some side yard area if split the difference and gain some to

the left if he doesn't need a full 30 foot wide driveway to get to the back well I mean and I just want to say it's not for you to design it right yeah just just to I mean the reason it is that way is there is a um an existing fence with a nice gate and the driveway comes out there so we tried to shift that line over as best we could so

that's why the 30 feet is as wide as it is but you know it's a matter of just reconfiguring the front portion of the driveway shifting that line over to pick up more lot area but at this point in time your intention must have been a vet assistant is to own all three of these properties eventually sell off the unit in the front and the lot and keep the

rest because I have again I have a front meaning the new the new duplex watch one or three so lots one and three in me and I don't well I don't build them I just subdivide them and no no Builders do their thing but then we really can't put the two-stall garage in the into lot one that's not the one with the apartment though it's the one spot right that's

correct so it could be expanded that way then somebody's buying something with a more appropriate amount of land coverage even though the garage is fairly large it's just a thought yeah you could take some of this land back out no problem but this needs to be with that foreign for me anyway because the numbers what's the coverage on that lot now the percentage coverage lot one has runs it's 86 percent yeah I but

shifting that line back or even shifting it to the east I mean I'm sorry the West isn't going to solve that because all that air is impervious yeah but you could you could remove asphalt try the house or on the side of the house the the overall lock coverage now um is like you know 54 I want to say so it's it's it's well over the the maximum required uh it can there could be some

reconfiguration of it and and um we can certainly work with that or certainly we could you know if this does go through certainly be subject to site plan review and we could aggressively treat the storm water um at that point to try to compensate and fill all the lock coverage that we have here it's actually a drainage up the stormwater yeah if we did take the two-car garage and moved it to go and watch there's no

access to it yeah it would have to be through an easement a lot to and they can tear down the garage they don't need a garage

what are our wishes Gents

uh

the way that everything is on this land I think it's going to be too saturated to it's going to overburden this entire property and the neighborhood so with that I'm going to make a motion to deny can we um no um withdrawal petition how about my motion no you got to do something with it it's on the table no well if it's if it's denied they're locked in for two years and unless they

come back with something dramatically different which is exactly where this seems to be going they have the right to withdraw okay is that is that your desire yes withdrawal without prejudice correct okay you can let your motion stand and we can hear it but yeah it stands I didn't take it back so it's there if you would draw the motion entertain a motion to uh

motion to allow the position to withdraw without prejudice so move every society do we have a second by Jim Calkins discussion yes Jim Calkins John Frank no chairman Ferrara yes thank you before we get into your stuff I know it's going to be a long night I call it five minute break five stretch do whatever you need to do we got a long way to go I I had to delay you a little

bit it's called the meeting back to order 9 10 and 11.

12. yeah

is it good you got table we'll call item number nine yeah my 25 worth today Thomas legal care of Attorney Peter isolino hey you need every penny Brighton Avenue map f04 lot 19. the applicant seeks the variance to divide the property into two Parcels waving area Frontage lot coverage and setback in the R4 two family zoning District Tommy can you see if Peter's out there okay I'm giving them two minutes

Council took you longer than three minutes the answer not a fair not a fair system but I didn't stay at a Holiday Inn Express last night and nor did I ever sing in the choir so let's start you've been announced already so we've been red so it's all yours all right perfect my name is Peter celino I represent Tom legault Tom's here with me Tom owns Tom legal's Auto Repair at 745 Brighton

Avenue here in Fall River the property sits on the corner of Jefferson Street and Brighton Avenue Mr legalt has operated Tom's Auto there approximately 31 years the petition seeks to divide the existing parcel leaving the auto repair facility on one lot and the three family on the other I would submit to you that I personally have never had a petition like this but I think this falls under the 81l Citgo

case uh per the building cards both of these buildings were built in 1940 which predates subdivision control law in the city so I think it's arguable as to whether or not we need to come before the board to apply for a variance but nevertheless we are here I would submit to you that Mr legalz had a point in life where he's thinking about Estate Planning and retirement and how he's

going to continue to live and maybe be able to sell his business that's what generates this question and this request to divide the property ultimately I don't see anything changing on the site the buildings are going to sit exactly where they are he's going to continue to reside in the three family at 281 Jefferson Street and ultimately The Proposal would enable him to sell his business when he's ready

to retire and retain the prop the three family or vice versa I got a son in the Mechanic Street okay just starting yeah okay it's pretty straightforward so the variance is for eign we're exceeding we're exceeding now so yeah everything is non-conforming right now correct and if granted everything would continue to be non-conforming in the same manner how consistent questions from the board

comments I would assume that the utilities have already said they are correct yes right Tom what's that you saying the utilities are separated no the sewer pipe would have to be one if I sell the Sewell pipes okay I've already checked into that I already know all about that um meaning would that be a condition would we accept that as a condition yeah okay uh so is the question that there would be no offense

um on the line as shown on the plan between lot one and lot two okay so what they're saying is can you accept the condition that you're not going to put a fence there there's one there now there is one yeah yeah there is I would consider when you get a business in the residence stuff it's already there let it be yeah okay any other questions comments from the board questions comments from

engineering I would only comment that as attorney celino stated the provisions of 86 423 B only apply to residential structures so this would not have been able to be moved as a special permit okay anybody in the audience here in favor of the petition anybody here in opposition very none I'll accept a uh I'll accept a motion at this point we have a motion flow just uh with separate utilities yes

separation of utilities recorded so motion uh to approve stipulation and separation of utilities and let that be recorded do we have a second could we ask what audience pardon do we ask what audience yeah we did yeah see we're getting so fast now it's just I guess I must have fallen asleep uh that's uh by Jim call consecutive by uh Ricky sahadi discussion hearing none uh Ricky sahadi yes Dan De Pere yes Jim Calkins

John Frank yes and chairman Prairie yes thank you that might be a record time you're good okay if you want to hang out I can go over it with you if not I'll call you tomorrow no you're busy man you got a long night okay sounds good have a good night thanks see he just squeezed out 30 seconds more billable Time tough crowd remember the zinc Caro Attorney Peter a celino 889 and 895 Grinnell Street map

f04 Lots one and two the applicant is proposing to demolish all existing structures on the property and is Seeking a special permit to construct eight townhouses in a CMD commercial Mill zoning District as well as a variance to wave Frontage thank you for purses of the record Peter celino on behalf of true Brother Inc with me is Francis grizzott the principal and president of true Brother Inc which is a

business here in the city on um Pleasant Street my client owns two buildings on Grinnell Street the addresses are 889 and 895 Grinnell currently it houses a single family and a two family The Proposal before the board is to demolish both structures reconstructing on the existing Lots eight townhouse units The Proposal provides for parking on site for 16 cars so ultimately notwithstanding them

the size of the project there's really only two things at play from a zoning board perspective here the first is the use it's a commercial Mill District uh buy right we cannot have eight units at a commercial Mill District uh the zoning chart says that we need a special permit in order to do that so request one is for a special permit for the use and request two is the frontage

the zoning District requires 100 feet of Frontage per the plan we have 86 and some change so it's a 86 30.32 so give or take 14 13 and a half feet short on the Frontage as it relates to the variance component of the petition I would submit to you that the hardship is the shape of the lot as you can see at the southwest corner there's sort of a

jog or a bump out that is not held to Grinnell Street if it were held then the frontage would also not be an issue but given the odd shape of the lot we have deficient Frontage when we meet all other area setback requirements and as it relates to the special permit component of the petition I would submit to the board that the proposed use is no more detrimental to the neighborhood

than what is there now again it's going to be able to house all the parking on site the traffic pattern as depicted on the plan is one way in one way out to mitigate issues with travel and passage and so I would submit you that that certainly serves to mitigate any kind of concerns relative to parking and site circulation so with that I will certainly take any questions but I think we can demonstrate

both a statutory hardship in this case and a need for a special permit or a finding for a special permit as a result of it not being more detrimental than what's there I'm up here in the hardship that meets the that meets one of the threes thank you no problem questions comments from the board at this point I think it's pretty straightforward I like the one way on the on the traffic flow well thought engineering

I would just offer that just the Euro where this was heard maybe three years ago or just over the two-year time limit and the applicant clearly took the comments and concerns that the board had at that time made some plan changes to address those comments and rather than going through the entire planning board process for a substantial change waited his two years came back with a much much

improved plan for you all to act on tonight that's all okay anyone else anyone here to speak in favor of the project anyone here to speak in opposition to the sir 869 Canal Street um 869 thank you I've been here five in 25 years I will speak to the gentleman they're going to put it's going to be two for one parking correct so that'll be if say 8 16 cars right

that's correct correct yep that's a dead end Street what about the traffic it's a king cos coming in and out back and forth there's children in the area that's just one concern I mean there's no parking now if that's just if people only have two cars in the house it's a dead end Street if you're trying to get these sidewalks fixed get the street fixed nobody hears anything one of the houses that they wanted to

take down which is probably a good thing but the gentleman uh try to get a permit to have a car lot there it was denied still cause under interested on the street in the backyard so I point is I I I just don't understand what's going on there nobody comes to fix the street but this gentleman wants to add more houses Everyone's entitled to make money I understand that but to just stick it in

there it doesn't make any sense to me well let me ask you this and I can understand Street repairs Etc have you raised that yes to anybody in this building but again okay and the last 20 years and I was told it's a paper Street that's why it's not a real street I was told I probably 15 things that carry left it there I got a call from my wife

we have to move right away or we're going to get a final ticket okay when uh the gentleman I believe it was last year wanted to get a permit to own the car lot oh it's a paper street so I got I was gonna get a ticket because it was a regular Street you can't leave uh a camper or an unventionally car on it but now I was told it's a paper street so you can do

that so that's another thing what is it is everybody here now I can respond so I've been here a year and nobody's contacted me about doing work in Grinnell if it is an unaccepted way then the procedure would be that 12 citizens can petition for the roadway to become accepted and then we can spend Municipal dollars on redoing the street so we have an issue about that come come and speak to me in the engineering

office and we can start you on that process of getting that roadway repaired let me finish so um the existing condition of having all the unregistered Vehicles will be eliminated by this project so so we're getting rid of that concern it wouldn't be other people complaining it didn't go but now that this gentleman wants to put this in there now that's going to eliminate the problems well it

is but but not because somebody complained about it because he has a different proposal for the land right and then lastly with the traffic the one-way traffic circulation proposed and the two off-street parking spaces per unit proposed which is garage space for each unit and then an outside space for each uh appropriate location for dumpsters access to dumpsters and the circulation proposed they've basically

created a cul-de-sac on their own piece of land for them to get in and get out appropriately of course of course because they have they have rights to Grinnell Street just as everyone else does so does everybody else sure you made the mic again yes children don't live there the more traffic that comes in and out of that street it's more dangerous to the residents understood I'm trying to make a point I don't know

if it's going across well this is the zoning board of appeals that deals with zoning issues so a number of the issues are beyond the scope of this right um and I can help you with those it's already zone so they can't do that but you want to change with that petition to is to change the zoning orders right well no it's a grant a special permit they're not it's allowed by special

permit this board comes and looks at it to make sure that it's being done appropriately so it's just not being done haphazardly this is not a variance that they need to change the bylaw there are Provisions in in the bylaw that allow for this to happen as a special permit it's a commercial no it's not a commercial well it's a commercial Middle District it is yes and this type of use is allowed by special permit

no no zoning is a zoning bylaw that has many things that you're allowed to do in a district just because the word commercial is in the designation for the title of the zoning District doesn't mean that only commercial things are allowed there's a table of enumerated uses and yeses and no's and special permits that guide how things get constructed in the city this follows that direction

so grateful was allowed he wouldn't have to come if it was allowed by a matter of right without special permit he would not have to come here that's correct but to your question about the street take it up yeah I thought Grinnell was an accepted street but this is the dead end this is the very end of reality right but it's going to have to be looked at and that's out

of our purview sure I'm just saying you're lucky you've got the the city engineer here and it can be looked into through his office so I I urge you to do that and there is a process to get it accepted which it's a very simple process I get two two Property Owners sitting in this room right now that can that I can petition to have it accepted so um but I appreciate the input appreciate

the concern people coming out um anyone else in opposition I've got nothing else anybody on the board anything else if not would accept um a bifurcated uh motion on the uh on the issue of the special permit Mr chairman I find that the householders not substantially more detrimental to the area do we have a second on that second second is that uh Dan great is something about that seat

cannot we do we don't know whose voice is which I know I'm just kidding um all right on the motion then uh Ricky sahadi yes Dan De Pere yes Jim Calkins yes John Frank yes chairman Prairie yes we'll take a second for the granting of the special permit I hope that we Grant the special permit guys very good do we have a second on that second second down to pair

on the motion John Frank yes Jim Calkins yes Dan De Pere yes Ricky sahadi yes chairman Prairie yes good luck with the planning board variance variance oh the variance for Frontage you are correct something extra in check next week um all right on the matter of the uh Frontage variance from 100 feet down to 83 to change have a motion on that please Grant the variance as requested very

good reason of hardship will be noted as shape of lot do we have a second on that second second by Dan De Pere discussion hearing Nunn John Frank yes Jim Calkins Dan De Pere Ricky sahadi yes chairman Prairie yes thank you all right Francis you're okay thanks take care let's see range of chairs here we go item 11.

Jamie Duff kro of Attorney Peter a solino 951 Slade Street and 100 dwelly Street map g15 lot 35 the applicant seeks a special permit to operate an auto detailing shop that lost status under 86 428 abandonment or non-use and A2 apartment zoning District good evening for record purposes Peter celino on behalf of Jamie Duff say Jamie Duff uh Mr Duff and his wife own Auto gal which is a car dealership on Rhode

Island Avenue Mariano I'm Mariana Bishop um and they need more space to detail cars so Mr Duff purchased this property at 951 Slade Street which is uh also known as a dwelly street address because it runs out to dwelly on the back the purpose of which was to gain some space to detail cars the property was previously used in the section that is highlighted in the plan as a car wash Mr

Duff thought that he could then detail cars when speaking with Glenn Hathaway he realized that he couldn't and that's the reason for this petition for a special permit directing the board's attention to 86 428b it says that a non-conforming structure that has been abandoned or not used for a period of two years May re-establish its protected status upon Grant of a special permit from this board

so I'd simply submit to you that there's no real detriment here the section of the building that we're discussing in this petition was used as a car wash it's going to be used as an auto detail shop the cars are going to be brought in from Ariana Bishop detailed here and brought back to Mariano Bishop for sale so the proposal I think is pretty simplistic I don't think there's any harm

and I would submit to you that you should be able to make a finding that we could receive a special permit for this when was the uh when was the use abandoned we don't have a clear understanding of that Jamie's on the building less than a year right yeah it was a car wash for many years and it was uh rented when I got it was being used as a detail shop slash in the back is

electrical okay okay I remember the car wash but that would be my question it said that the special permit may be granted if it's a continue or an abandoned use but that special permit was a granted for detailing or for a car wash and can one does Activision then retain yeah I couldn't find a relief granted for a car wash um at least on the registry site so I think

it pertains because I don't find a prior decision that authorize that use I wonder inspector viewed it as a pre-existing non-conforming use he did yeah and because he he directed for the applicant to file in this manner and he also made the determination that Car Wash and detailing shop was similar enough but that that had never been granted by by virtually nobody could find anything that that you exhibited you know

existence for a long time so okay any other questions from the board at this point is there anyone here to speak in favor of this petition anyone to speak in opposition hearing none uh we're at a special permit so we deal with a bifurcated motion chairman I've moved that we find that there is no substantial mortgage that proposal is not more substantially than come out of the area that we granted okay very good um

we have a second second by Ricky sahadi on the motion Ricky Sahari yes Dan De Pere yes Jim Calkins John Frank yes chairman Pereira yes uh and then on the special permit itself to re-establish the use there's one question before you make that motion you want to address hours of operation good point yeah we have had some issues with car washes not too far from here that there have

been some issues with hours of operation yeah I don't know if there were any established previously because those would be adopted but yeah we don't ask the question in the midst of the hearing but it's all done inside yeah there's no external work being done on the property exists I got pictures of it my phone it's the same thing was 20 foot ceilings yeah right now as of Opera's operation uh all

our car lots open from nine to five nine to six Monday through Friday we close out Sundays and Saturdays nine to five

what was that again nine to six Monday through Friday yes Saturday nine to five yep and close on Sundays let's make it nine to six across the board and Saturday is nine to five nine okay

uh the building inspector actually spoke with me I'm not really concerned about site plan where this is and I'm assuming it's being represented at these uh detailing for cars that are from Mr Duff's car lots yes so will you be open for detailing for the public because if so some Provisions for parking should be made but yeah right now we when yeah right now we're just doing our own we like to eventually if

we can you know get help and everything else and like general managers here at Easter we like to have it for eight to six eight to six that we said eight to six yeah eight six I apologize I'm sorry we saw earlier than the sales staff so I mean if if the if they're going to be allowed to be open for public then they should have a parking site plan review for a parking

layout and the building inspector already contacted me we had a discussion about are there floor drains in the building now they're actually it's pre-existing drains I covered them all right so we don't do any washing we don't do any washing inside uh you get stagnant smells right under the plumbing code it's not for you to decide that'll be the building department if they decide whether or not

any grandfathering provisions were lost um by the inactive use of a car wash or detailing location and they may require that floor drains and oil water separated everything they know nothing for you guys to be worried about and and as far as any change that may happen in the future it's kind of Senseless to go for that site plan review now because he had mentioned that it was only for

his vehicles but did not say that would preclude I think if we're going to do if we end up going to uh retail we'll come back okay so park is that right now we're trying to get the help to okay just trying to move move forward moving products garage over here is uh 20 by maybe 50 20 by 48 feels pretty narrow yeah small Maybe by then you'll need the whole building there we go yeah

get the play yard I mean um it's only going to wait it's going to go away my wife wants it to go you know what it works okay we all know that being the case thank you for that clarification thank you so we're at eight to six specials eight to six six to Monday through Friday and it says it is oh no no Saturdays is like eight to five eight to five okay please

eight to six Monday through Friday eight to five Saturday eight two five on Saturday closed on Sunday right so Mr chairman do we need to add the stipulation that only for his vehicles at the present time Ken I mean is that that is a representation therefore it can be stipulated it's just in in conjunction with the uh the car lot because what will happen if he does want to go to full open to the public retail

we get it we need to deal with signage right many other things are not part of this application so you're saying it's not necessary well I mean it doesn't hurt to do it sure I mean because if he comes back to do a retail there are other things that we would look at would you accept that um with the stipulation with the stipulation it's not it's not open open retail yes if you come back we'll have

to come back okay so stipulation would be not open to retail yeah and that's motion second second thank you Dan on that John Frank yes Jim Calkins yes Dan De Pere yes Ricky sahadi yes and chairman Prairie yes thank you I appreciate it thank you thank you very much all right Jamie appreciate it all right go back to the back to order one more trying to keep in the three minutes you know

tell me a story about singing in a quest uh item number 12 Jeffrey Diego as I pronounced that correctly care of Attorney Peter a celino 10 3rd street map no six lot 34.

the applicant seeks a variance to construct a mixed use building on the property location containing an art studio on the first floor and an apartment on the second floor abandoning um online parking requirements mandated by the previous decision of the zba the applicant seeks an additional special permit per 86 445 to reduce a number a launch off street parking spaces required this property is located in a BL local

business zoning District on an aod Arts overlay district and an HD one Housing Development overlay District we got most of them good evening not a commercial Peter celino on behalf of Jeffrey Diego this is Mr Diago as far as this property goes I think merits a little opening statement relative to how we got to where we are so Mr Diago his brother and his cousin own the property together he

and his brother bought out his cousin and he and his brother owned it together the prior decision that's reference that's going to be abandoned was granted by this board it indicated that the three-story building would be used as an art gallery photo studio on the first floor with the second and third floors being together one single residential unit and one of the stipulations that

this board imposed was two off street parking spaces to be provided my understanding of how that condition came to be was that Mr Diago through family connections believed that he could work out a parking arrangement with Anthony cadero that ultimately didn't materialize and the building inspector stopped the project so the condition of the project as you see it today is part and parcel of those set of facts

to add to that unfortunately Jess Brother Dean passed away and now Jeff is left holding the bag so to speak regarding this site and it is his intention to build it close it in and see through what he and Dean started out on the petition seeks a variance because as you can see the building as constructed on the lot needs almost every waiver in terms of area setbacks and we also applied for a special permit

relative to the relaxation of parking so speaking first to the variance component I think that this too Mr Ferrero has a very unique shape as far as statutory arguments on the shape of a parcel I don't know how it was cut out like this but oddly shaping the structure is partially built so I think that adds an additional layer to the hardship argument as it relates to the special permit component I would make the same

argument to this board that I've made several times in the last month's relative to the fact that when you have residential units in this area of the city and this area of the city is largely inhabited during the day by workers in this building Bay Coast Bank Mechanics Bank Etc and then at night that shifts where all these workers go away and the parking opens up on the street and I'd submit to you that that

would be an appropriate analysis of this petition because the proposal is an art gallery which was Dean Diego's passion and an apartment one apartment on the second floor so I would submit to you that the apartment on the second floor even if there were two cars um there's readily available parking during non-business hours in the area when I met with my client today I was thinking specifically in front of CD Rec

on Rock Street corner of Bedford and rock at night those parking spaces are generally always available I drive down there every night at six o'clock when I go home so I think that there would be plenty of off street parking for that use I also think the use as an art gallery is from a Time perspective opposite of all the other uses in the neighborhood as well there would be showings or openings on the weekends or

at night which would be complementary in timing to for instance the post office or some of the other buildings in the neighborhood so that is the argument I know that we're going to have some opposition Mr Diago's here because not only is the owner but he's here to take accountability for the fact that the project didn't go the way it was supposed to and that he to see it through okay

okay yeah I had wondered why that was sitting there half built and looked into it at some point um all right so the what will be built what's under construction obviously is what was previously approved correct in fact that building footprint no no it's bigger right I'm not really sure John to be honest with you I think there was parking allotted in the back of the building yeah the building is definitely bigger

okay Mr Tallman you want to interject yeah I can speak to that the uh I do believe that same coniformis with the setbacks that were shown because there was a lot of setback relief at that point as well um if we did file after the the granted that variance we did file a recycling review which was approved um we went through that process and the build impairment was an issue based on

the configuration that you see on that plan today not allowing for this was it two Wall Street parking in the back where where are the parking spaces going to be they were supposed to be in the back I remember I sat on this yeah the building was supposed to be about 20 feet off that back yeah there was a bubble added to the back uh after it was realized that the uh the ability to use

that real plot um wasn't going to happen wasn't going to materialize uh so the building was expanded and the um the other parking spot because this was used as a parking lot prior to the issuance of the development project we were reinstalling one parking spot on a Third Street in front of the building uh and basically that was the for the commercial use the two parking spots at the rear of the

building for the were for the residential use not for the commercial use okay so my question stands what was approved included two parking spaces at the rear of the building the bump out as you're calling it that pushes us back to ten foot two from the rear property line was that as the building was approved coming out of this board so how did we change the shape of the building size of the building between

zoning and putting a shovel in the ground we went through site plan review with the logic building once again because the relief that was granted even though it did include the two-off street parking again for the residential use the the I believe the thought process at that time was we would come back to the board address that in the future the the emphasis was to get the hot Studio up and running for Dean to use

which didn't require the two spots we understood that the the two Orchard parking spaces were going to be an issue with the residential use um but just because of the the amount of time that's going through and I'm not even sure when the initial variance was granted 2018.

um so quite a quite a bit of time went by with very little action so it was again we went through a cycling review not showing it with the understanding that we would have to address that at some point enable you know in order to use the residential use component of the building Mr chairman if you can back up a little bit between celino's initial presentation the grant was for a first

floor Art Gallery right and one floor being one unit because it was originally requested to be a three-story building with two units the Grant and I'll read the building for use as an OP photo gallery on the first floor and the the biggest single residential unit then the conditions of approval new structure to be limited to two stories with an art gallery photography studio on the first floor

single residential unit on the second floor and two Wall Street parking spaces to be provided so for use the original Grant was Art Gallery the first floor second floor one residential unit two Wall Street parking spaces in the rear for the residential use on a smaller footprint than what was constructed so the construction occurred in violation of the variance basically

which in and of itself would have been enough grounds for so that didn't happen so and again site plan review part of this was done well well before my my time here I did not look at the site plan review petition to see right what was proposed on that regardless no one no one have had the ability to sign off on a permit without the right relief being in place while the building being proposed in

accordance with that plan so it may have been an error or an oversight and granting the permit in the first place but it really makes no difference to this board it's just kind of kind of tough when we sit here and we render decisions whether it's the current sitting board or or prior board and somehow between the night we leave and and the time it comes out of site plan review there's a

different building on the lot or there's there's no there's no parking spaces as required right it is a real and Lasting condition on on the property and now we're we're kind of we kind of rolled back that's all just bothers me that I'm looking at the aerial and I'm looking at the design and the two different things so it's confusing in and of itself how many stories is the current building it's two

it's two it's just the lower level and the one yeah no roof decks no roof it's just it's only going to be two-story use and I mean you're right Council it needs relief from everything so it's it's you know it's coverage it's setbacks it's it's Frontage it's it's a whole nine yards so we're looking at this no parking spaces um turned the clock back to 2017.

not where we're at anything else from the board let me turn to the public is there anyone here to speak on in favor of this application anyone to speak in opposition seen neither oh sure just identify yourself anyway I will my name is attorney Joseph Macy in the offices of Arthur Frank I'm here tonight in opposition to this petition on behalf of Mr Anthony cadero I think um everyone knows who he is but just for

the background he's the owner and developer of several substantial properties throughout Fall River all successful and the owner of adjacent properties to this building this site immediately adjacent and a couple of streets over all of which are successful all of which are in good shape and um this petition is something that he opposes for for a number of reasons and I'll I'll try to confine myself to

facts and not get too rhetorical but uh this is a situation that's kind of unbelievable what I'll say unusual a petitioner got what they asked for maybe two and a half years ago they had conditions that they agreed to if I'm understanding correctly and maybe somebody will they didn't build what they had permission to build they expanded who knows why the footprint that this board gave them permission to operate on

so now in a bit of alleged domain through the engineer they come before the board and they say listen we know you gave us what we asked for and frankly we know we didn't build what you gave us permission to build because we expanded the footprint and we know we couldn't deliver on the condition that you give us one potting space in a fairly congested area so now what we're asking you to do is

abandon the requirement for a parking space which we agreed to forgive us for making a mess of the place and expanding the footprint and grant us a new variance more or less restrictive than the first by abandoning the parking that you originally gave us that we asked whether we said we'd erect so this little bit of magic watch my right hand give me your variance and then I'll come in with my left hand and

build something else to the real Point here when you read the petition it says the hardship is a partially constructed building what was the petitioner who partially constructed and it's a matter of black letter law you cannot create your own hot shoe so to sum up I just we just think this is Way Beyond what's permissible legally and certainly is I don't wanna I won't characterize it but it's certainly a tremendous

difference from what the board originally gave them so now they say well thanks a lot guys well we don't want that we want something worse and Mr Cordero who has substantial investment in that area and in the city adamantly opposes if I may in response thank you yes first of all the petition cites two hardships one is the unique shape and the second is the existence so while I would agree

with judge that it's black letter law that you can't create your own hardship I'd submit to you that there are two prongs to my hardship pleading number one number two well I understand Mr kadiro's vehement opposition Mr kadiro is also the beneficiary of several permits that do not have parking requirements so I don't think that it's fair to treat two people with adjoining properties differently on the same type

of request as it relates to parking

part of the reason I'm here that he created the now whatever somebody else got or didn't get the fact is he didn't exercise the rights he had he came before this war and said this is what I need please give it to me and I'll erect the wonderful building in fact he didn't either he didn't well he didn't wreck erect the building this is not wonderful he now doesn't want the parking but wants you

to abandon it those are his words please abandon the parking requirement oh and by the way I didn't build what he gave me permission to build I built something a little bigger but so what so this business of uh somebody else got no parking he gave some all tonight maybe but that's not the point point is he got something that he didn't deliver on he's a proven track record of not delivering what this boy

gave him permission to deliver so it's not lost on me I brought it up and and questioned it and I and I appreciate the stance I I can't I can't turn the clock back six years to figure out what happened in 2017 when this was initially granted um and you know John I know that you chaired that meeting and I'm sure you don't remember exactly what happened except for what we've got in writing here which

tells us we're going to have two parking spaces you've admitted that we went ahead and designed something different that's bigger somewhere somebody decided that the zoning decision didn't matter you know I love these forgiveness cases Mr chairman if I could just add one thing with regards to the assertion of relief granted for different types of uses in this neighborhood the abutting landowner to both

properties to the South was required to provide parking at a rate of one to one either on site or or reserved in another location yes so this applicant does have the ability to do that if if the board so you know felt adequate that two spaces you need to show as a contract with two spaces in perpetuity and you can potentially satisfy that requirement the one building that was not required to have

Wall Street Parking was a block away where on street parking is more suitable being across the street from the post office where on street parking in this block is very limited this board saw fit to require parking at one to one for other uses in this neighborhood yeah and you are 100 correct half half of what we 've done downtown in this immediate area could not have happened if we didn't make that

stipulation regarding parking and it is I mean it's very particular block by block about what's available in the vicinity it has been pointed out previously and and you know and and again this evening you know we have circumstances that the change in the complexion of downtown has made it such that there are parking spaces at night when everybody who works or in in the conversion to Apartments is less

people working in this particular area there are more on street parking spaces available Jeff have you had have you attempted to secure parking in you know people inc's a lot behind you or citizens Union all the developers in this area have done that in the past to try and come up with parking yeah no so you you don't need to provide it well you do need to provide in accordance with your old variants but the special

permit request tonight there are different methods of meeting that requirement and reserving off-street parking spaces that are done to throw you know through contract is an option but that that doesn't get you past the building being bigger than what was originally permitted I mean theoretically you could put a garage in the front of this Building and park two cars with a garage door on the front and

an apartment above it is about that yeah slash Studio well look it's it's it it's there and unless it's torn down and we start all over again and go back to what was permitted previously which can I just have one thing please change to the footprint of the building um was just to the rear of the building where the parking spots were originally supposed to be it's a change to the footprint of the building outside of

what was outside of what Jeff is the dashed line underneath the original building oh no the dashed line on this plan is that which building is that um that's the previous previous that's the building that was demolished that was sweets okay yeah okay that was the location of swedes can you give can you supply the board with a plan that has an overlay of what what was the last building that was approved by them not

not the zoning board not site plan but zoning board of appeals and then they can make the determination how much bigger is this building and in what locations am I reading that plan wrong is it that hatched area the expansion

that's the plan that that's the building that was there before they got the last variance that's right and then right well that's this one that was sweet that wasn't the approved footprint this is what's been built that's right well we don't have is what was approved by the variance by the variance okay well we do have an admission that whatever was approved wasn't built correct I know but

we're asking for our own notification what was approved so you're not representing them foreign

we could pull up the plan I wanna I wanna see what was what was approved originally we have the plants yeah do you have to pull it up on the database can you yeah but it won't overlay I mean you could visually see the difference I guess but wait you see a second yeah right that's right it was it was two parking spots in the back oh no it had nothing

to do with the parking it has to do with the difference you're talking 20 feet I think it's 20. but we want to make sure it didn't get bigger in other directions as well

sorry are you waiting for me no Chris is trying to pull up the original Chris is trying to find a lady running on a beach now it's getting very visually confusing we're building that um on uh South watapa that beaches that Island's being put in foreign

Chris when you get there can you put that up yes a lot of pleas to that I'm sorry I heard my mother's voice on the back

no pressure Chris myself I'm starting to sweat it's nice and cool in here before I like that Dana agar has its own letterhead on your computer what's that never know when you're gonna need there's a uh that's an icon Leatherhead then I guess you call me an icon my name and icon using the same sentence because I'll record that and tell my wife when I get home and the old Byzantine sense with the

okay the Halo will be uh

that's where I think it's gone I guess I mean to see the database is opening up tell me again why there was a seasoned assist was it because it was what it was not being built in accordance with what was approved no because there was no official parking provided so it wasn't built in accordance with the approval

told me this afternoon that his recollection was that Glenn contacted him said there was an issue with the parking or lack thereof and then he had to stop okay well he needed to resolve it right before moving forward right and this is this is attempting to resolve it yeah I don't I didn't believe there was an actual cease and desist okay or formal all right so the parking wasn't there because the

building got bigger yeah well they're building up because the parking couldn't be there so it wasn't like he built the big the building couldn't get access to the park couldn't get access to the parking that's why the parking's not there so all he had to do was put two parking spaces there that you couldn't access everything would be fine it would be sure at that point was to see alternative areas

but the resonance but that's not what was done bottom line is that's not what was done somebody made the decision to just say well we can't have the parking spaces we're going to make the building bigger and it's like why are we here the construction personally I think the construction critically continue he could not have been an occupancy for the residents in total he resolved the parking issue of

the art gallery on the first floor to instill that in use to punctuate this thing though so they simply said so what we can't get the parking we will just build the building bigger than the permission we've built without asking anybody anything and judge if it's approved it's going to be with a provision that he finds two parking spaces period just like your client has had to do so for for his

properties his very fine properties he's asking for a side by side too much I know I couldn't figure out how to do it but you made that song and and I will you know I'll advise the board that the board is not punitive in nature so this is a new petition however past history is something that you can take into account okay yeah I went straight across there no but it's a meaningful no the new

one's probably not is that the known no that's that's what was approved last time so if that's original that's a dramatic difference right here to see this ended back here yeah

that's 50 minutes

yeah so it's this section right here look at that

I realize it's a new petition but we've got we've got a partial structure standing there not correct that that shouldn't be so chairman let's deal with it may I move the board to table of matter um and come back for two reasons see if we can resolve the board's parking concerns and to create some sort of an overlay that would clearly show what's going on whatever we need to show okay I

I would appreciate that can we have a motion to allow the uh continuance of this when would you like to come back next month yes yes October 19th okay okay day that you're living it for me was that a uh there was a motion by Dan De Pere we have a second on that please second second thank you Ricky Saudi on the motion Ricky sahadi yes yes good work Jim Calkins yes John Frank yeah

Jim prayer yes thank you very much thank you Peter before before Anita says it make sure you bring up the table and see tomorrow because she'll be on you tomorrow I would like to thank and I think the record was reflect I mean has never had to chase me for anything before she told you he needed to bring despite all the negative stuff that Mr Macy said about me tonight yes sir October 19th October 19th

see you then thank you always a pleasure to have you in the house as soon as we get it I made it yeah as soon as we get a revised plan in houses okay we are now back up to item number four just so the night makes it seem like the night has gone on item number four Flint Mills LC LLC care of attorney Thomas P kelleran 135 Alden Street map j26 lot one the applicant

seeks a variance special permit to redevelop the existing Mill complex to a mixed use development that will include 405 residential apartments and a modification of Park and requirements the property is located in the CMD commercial Mill District zoning District and an HD3 Housing Development overlay District Council good evening Mr chairman members of the board for the record attorney Thomas killorn

representing the applicant Flint Mills LLC first before we get started I apologize um it's back up 30 seconds I have a request on my behalf to the board I've been working with items four and five for about four months and change going through the project ways of getting different parking scenarios different uses at the time the projects came under purchase and sales agreement and my time

working with them when they were ready to submit we've kind of held them off to get the best plan to come forward to you okay in that time frame the fee schedule changed ah dramatically doubling the per unit cost which was 50 a unit and went to a hundred dollars a unit doesn't seem like a lot until you get to 400 units so I I advise the applicant to submit the

full filing fee which was forty thousand dollars and change on this one um and explain to them that I would present this to you and that I didn't have authority to do it but this board could vote um and we're going to deal with it permanently at the next meeting but for projects you know greater than 100 units for instance it should be capped um so I would I would request that you

allow a reduction in the filing fee to revert back to the fifty dollars per unit which is what the applicants were proceeding with from the initial time that I've been dealing with them which which is a common practice amongst most boards yeah and again I apologize that I couldn't do it myself but I didn't want to no you can't so the board would have to make a motion to reduce

the fee by fifty dollars a unit and we would just replace checks uh apply the previously and stated cost or fees on this project and any other project that was being delayed through negotiations let's enumerate that now items number four and five on our agenda Flint Mills LLC and Chase uh 110 Chase LLC would be the two petitions in question I don't know if there were others just those two

just those two on this just those two we'll have to take them as they come up second we have a motion in a second on the motion uh John Frank yes Jim Calkins stand to Pierre yes uh Ricky sahadi yes chairman Prairie yes okay sorry sorry no problem thank you uh very much for the board's Indulgence on that um it was something that was going to inquire about and I appreciate Mr agya

remembered it and chairman Pereira forget it so I did tell them before the meeting but um I also like to thank the boys Indulgence for moving my items on the agenda I know probably the rest of the development team that's here with me this evening is enthralled about that but I I certainly appreciated that how far did they drive some of them I think quite far uh as was stated we're here before you

tonight for a property located at 135 Alden Street which is a uh I'll describe as a mill complex that has been out of use in in a bit of a state of disrepair for a considerable period of time the property itself is a little over six acres and it's located in the commercial Mill District the intent is to convert the main Mill buildings to a residential apartment units totaling 405 units we did provide

a breakdown as to the types of units they would be there'd be 104 Studio 220 one bedroom and 81 two-bedroom we're able to provide a one-to-one parking ratio at this property which and along with that we did submit a detailed parking analysis as well as a a traffic analysis as well things that we would certainly ask at this board take into consideration with regards to our reduced parking it is the

um the development will have a shuttle service that Services the occupants um and and the I the idea is to be able to take them to public transportation specifically the commuter rail there's going to be bike storage and e-scooter storage also the applicant is committed to 20 of the units being designated for 55 plus which can often mitigate the number of automobiles utilize or automobiles designated to a particular

unit owner typically as people get a little bit on in years they may not have more than one automobile and they certainly when they get to that point more likely to be empty nesters but again given the nature of the units that are provided again a mix of Studio one bedroom any lesser amount 81 of which two bedroom units this is not the type of development that's really lending itself

to families I think they're looking to Market more to empty nesters or young professionals again people without a family and that's that's the overall makeup of the intended makeup for the facility if you have the plans in front of you if you look at the the top of the plan there's a small square structure on that structure there is a proposed use as a some type of commercial Enterprise

so that would not house any of the residential units but the main structures that are kind of centered within the property those are the ones that would house the residential units and there'll be an area there's a proposed Clubhouse area gym again dedicated to the residents given the makeup of this project we certainly would certainly suggest to this board that a special permit uh

relaxing the parking requirements and allowing the one-to-one ratio that is provided certainly is warranted with regard to the commercial use we would suggest to this boy that it's not uncommon for commercial uses to not have on-site parking and to utilize other parking in and around the area some type of coffee shop small restaurants that's exactly mostly aim towards the thinking exactly coffee shop small restaurant

having something on site there not only for the surrounding Community but most importantly for the people that are going to be occupying these units so we're really looking for two special permits first of which um again has to deal with that parking ratio and the second of which has to deal with the request for them to be for 105 units in a commercial Middle District anything above 20 units can be

allowed to be a special permit we'd suggest that the proposed use is in harmony with a general purpose and intent of the zoning by law and I think critically important is that we're taking a really a dilapidated Rundown Mill complex and I'm not sure if any of you have had an opportunity to go by there recently I I did just drive by there this week I like to have a fresh

set of eyes before I come before this board and again to describe it as uh tired I think is being Beyond generous that's generous yeah so obviously the the applicant is is willing to make a sizable uh Financial commitment to this property to this project which we think would end up being a boon for the city uh if the board has any specific questions about the the site the traffic

analysis that was performed we'd be more than happy to address those I I will admit and I thank you for the traffic analysis I just got it yesterday or today I have not had a chance to devour it um it's it's quite lengthy it would take you some time to tomorrow with Mr chairman um but it's what I do so I I I would point to the to the conclusion which I think is on page nine

or so um word there is an indication though that this project would not have any kind of negative impact on the surrounding roadways that was the conclusion that was reached by the analysis the only thing I wonder on that study is I I think that's the one that cited the Cambridge as an example and then said that you know the the number of cars was greatly diminished and therefore in a

number of parking spaces was very or needed was eliminated in Cambria and I wonder are they parking spaces eliminated because of the Carter or the cars being eliminated because there's no parking it's a good that's a good question to Cambridge I wouldn't want to have a car so something and and I'm somewhat aware with what happened in Cambridge and with the nature of of tenancy in

Cambridge and the fact that most people who have moved into new apartments and existing apartments in Cambridge and in the city of Boston don't have cars I work with an office full of people that don't own a car they get a zip car if they need to get out of town so it's just a department nature of the Beast no that's not why they just don't bother owning cars and they they

have more money in their bank account at the end of every month because they don't have cars um let me ask this and this is a general question because I hear the question constantly from people in the city of Fall River how many apartments do we need how many apartments do we need um and we're pretty heavy tonight you know these these two cases 805 Apartments 46 units just uh earlier in

the evening in an old church building and we've approved a lot of them you may not have the answer to this question but I'm going to ask it in case somebody does have the answer because I want it on the record and I want something out there for the people who keep asking how many apartments do we need city of Boston just around the time of covid there was a study done and

I believe it included Cambridge and at that point in time it came down that the demand for apartments as done by some analysis said that sixty thousand six zero thousand Apartments would be necessary in the city of Boston proper um within a five-year period and there were construction cranes all over this all over the the Skyscape out there and they're they were filling Apartments as soon as

they were ready to take applications for them I have no doubt that we can probably fill every apartment that's that's here in front of us tonight in a short period of time I don't think a good developer would be taking the chance on it my question is has there been any type of analysis study through a Marketing Group through some type of statistical group that says hey Fall River can can carry

X number of apartments and you're going to need them over the next few years So to that question Mr chairman please I don't I don't have the exact study that I can reference for you but in working with the applicant um they have expressed and and it's it's actually the same applicant Behind these next two petitions they they have expressed that they see this kind of demand in Fall River obviously they're

going to be making a substantial capital investment in the city they wouldn't be making this investment if they did not think that Fall River had the demand for this number of apartments and just anecdotally speaking um and speak having an office in Fall River dealing with a lot of clients who live in Fall River many of which rent apartments and they talk about the astronomical rent prices and how

difficult it is to actually find an apartment especially a newer apartment like they're such going to be provided here the demand does seem to be there again that's not a formal study Mr chairman that's that's just some anecdotal examples of conversations that I have with people that live in the city but there does seem to be that demand from what I can see and hear from communicating with people but the

developer that's behind this project then the next one has done their due diligence has done their homework and is confident that Fall River can support this kind of influx of apartments or they wouldn't be spending their money here they'd be going to a different Community yeah I don't develop Apartments I develop something different I have no doubt they're all going to rent but I'm just that that was my

curiosity because I'd love to be able to look at some of these people and say you know what somebody's looked at this Mr chairman if I can I before we send it out the planning department itself is in the process of gathering funding so that we can do a housing okay um not gonna be ready for tonight of course but as we see this influx we're we're taking no no you know using our

own stuff let's look at this the way that the cities looked at this in the past having nothing to do with this petition in particular it is our expectation that as these new units come online and this type of housing we will also see a correction in rents in the other types of multi-family residential housing that we have three tenements six tenements 12 tenements where right now that's the only game in

town right and where these units now get filled I think we will see a correction of some sort that would make affordable housing scattered throughout the city a more common occurrence that's typically you know that's the desired goal and this type of thing happens so comment on that yeah no why don't we wait until we get to but I just you know where I'm coming from so okay I appreciate that

unless you guys got something full of report I'll be a briefcase and just so that I can be finished with with my review of it all again we work for months to put together the best project uh possible it's great when an applicant comes in and says hey we want this to be a team effort that's we want to give the city the best project possible so when we look back at the special

perimeter for parking I want you to understand that we're getting to that number by utilizing compact car spaces which Studies have shown for these types of residential units people aren't driving Suburbans you know crew cab pickup trucks these are more commuter type sized vehicles and a waiver of the size of space rather than nine feet wide to eight is is fine I can also offer that the traffic study that

was submitted the parking analysis that was submitted far beyond anything that has ever been submitted to this board even by myself over 28 years so I I can appreciate the amount of effort that went in to provide this type of information I've reviewed it um and they do and they actually point to a number of the Articles and things that I've used in the past specifically with regarding to the parking analysis

being acceptable in this neighborhood directly to the West we have the knitting Mills project that was granted relief for parking at a rate of one to one right directly to the east we have umizanto school and church we have City Park directly to the South so you are although across the street on Alden we have a number of multi-family homes threes fours fives but in the actual vicinity

surrounding this on three sides there is no parking demand so that only adds to the argument of being able to provide parking at this rate um Alden Street with the density of what's already occurring there so traffic again I know but you may all not know we look at a level of service of where the street is now and what what the applicant is required to to show is that there would not be a

level of service change so it could be great it's going to stay great it could be horrendous and it's going to stay horrendous so they're charged with not making it worse and the impact of this use on Peak demands of certain times of the day when it's anticipated through traffic analysis of exiting turns interns there would not be a dramatic increase or decrease in the amount of traffic that you see out in alt yeah

they're not all leaving it once when I look at a property like this I have to think if this was still some type of operating manufacturing facility you would have probably three shifts work in there and that ebb and flow of traffic over the course of Any Given work thousands of workers you know that's I think what some people forget when you look at these uses people are going to

come in you said there's an over 55 component in this too right 20 okay so I'm over 55 I don't want to get up and leave eight o'clock in the morning so I wouldn't be part of the uh I wouldn't be part of the traffic but so is a consideration and I do appreciate the level of documentation that's been sent on this seriously um I've been on the other side of it and

had to provide the same so other questions from the board at this point if you are con you concluded at this point or do you want to make an additional presentation not at this point okay questions from the board we've got the breakdown on the number of the number and type of units that are being being planned and I will offer that they also submitted floor plans which are part of the record so

it's not like they're going to come back and install all three and build all threes now they're Bound by the plan of record yeah you move a closet Jim Coggins is going to find it anything this big project guys questions I know they've done a great job putting everything together I'm going to go to the public then is there anyone here to speak uh in favor of the petition we recognize Mr Ken Paola I directed uh

the Executive Vice President of Bristol County Economic Development Council I'm here in my class tonight to speak in favor of this project um based upon a multitude of reasons for some of the older board members here and certainly the residents of the city you certainly understand what all the shooters looked like over the past few years and the transformation of all the streets starting with the current Lofts

the old the rehab and Redevelopment of the old lb file building at the end of Wall Street Hague textiles that being redeveloped the Flint Mills being redeveloped all four residential use some of it over 55 which was income eligible some for Pure market rate some mixture of both but this is the last big remaining eyesore on Alden Street and for years my office has been trying to work with

people to redevelop the site whether it's from manufacturing whether it's for other types of uses including residues potential energy uses all mixed use it just hasn't been the appetite to really take this bill behem-a-thon this is a very very significant project both in terms of size and in terms of investment you're talking Millions upon millions of dollars to rehab this property

property is also on a historic register and I think the board may have received letters from the preservation society and others in support of this project because the developer is actually going to utilize historic tax funding to help us set some of his development costs but that pales in comparison to the the actual final cost that you know he's gone or the Goldman group would be in

current year the Redevelopment of this site will fill this blighted decadent space that's existed on all the street for a number of years there's currently fenced in you have this graffiti all over all over the building it's you know not in the best shape but certainly the law is not in great shape and now you have some of this coming along and we're going to repurpose this world in very

productive use and to the chair's Point as to how much is enough the private sector is going to dictate that right so on on my drawing board now in various stages of developments we had including this project from Chase Street which are two substantial projects I'm looking at the possibility of 2000 more units now will all those become a reality I don't know every time a developer goes to develop such a project

like this what the bank is going to also ask for is a demands analysis because certainly the bank doesn't want to finance millions of dollars on a project where their demand doesn't exist so in this particular instance and in other instances there will be some Delta suspender approach to the overall development scheme as part of the Route 79 project that we're working on there's an rfpl for a master plan now that's

going to be opened up in a couple weeks we are asking a Consultants to actually test the market demand throughout the city so we'll have a better idea as to what currently exists in terms of demand for market rate units I think one last point I think that Dan made a good point here is that these are all new units coming on nobody's displacing people it's not like we're coming in and buying

triple Deckers and jacking up the rents these are all new units and if you wanted the drug if you want to have a situation where you're going to start driving rental prices down it's to increase Supply and that's what these projects do not only do they repurpose historic buildings whether they also by virtue of creating more units should help you know should help the overall Marketplace in you know a tempering of

these events increases throughout the city so this project as well as the the chase team project I think on tremendous assets to the city they're taking time bombs because God forbid there should be a fire look what happened to the casket place on Brighton street over the last couple days people get into these buildings things happen next thing you know you've got a big your environmental

site when things happen so I'm hoping that the board would see fit to pass this tonight and so to a lot of the developers to take the next steps to enable them to bring this project to fruition thank very good thank you and and understand and I appreciate that with 79 project that you know there is there is a survey being done I don't ask it because I need it to make this

decision I ask it just because I think the city in general needs anybody that's serving the city and any developer that's coming in should be able to say wow not just speculating this is this is just throttle territory but having something to hang your hat on what you have to do going back to your banks anyway so or whoever your investors I appreciate that we do have is there anyone else this week on behalf

is there anyone to speak uh in opposition of the project I've seen um we do have actually two letters that came in from preservation one is a bit of History regarding the property Pro uh preservation society as far as board of directors would like to express support for the variance the special permit for 135 Alden Street to ensure the Redevelopment of historic 1883 Flint Mills is successful the Flint

Mills was the Genesis for Flint Village and an important piece of Fall River history that transformed the entire neighborhood the existing Mill was listed on the national register of historic places and stands on the site of the form of circus 17 1872 Flint Mills that burned down in 1882 rebuilt with an addition later in 1909 by 1911 Flint Mill had a capacity of 107 000 spindles and employed hundreds

in the city imagine if they were driving uh preservation Society board of directors asked a special consideration be given to the property's history and cultural importance in the various variance and special program requests of the Flint Mills can continue to be part of fall River's Legacy and the other was the formal vote of the board with the the individual Board of Directors for

both 135 Alden m110 Chase uh it was a unanimous vote 6-0 in favor of supporting both petitions so that's one of the few thumbs up I've gotten from the preservation Society so they couldn't even come in and revel in it by by being for something yeah yeah people only show up when they're against them they didn't show up I mean they knew we were going to be here for a while anything else

from the board at this point nothing Mr chairman please I I need special permits and I moved that we find that it will not be substantially more detrimental to the area and vehicle you're wrapping the two in one yeah it's your emotion you can yes you can um motion on the floor waiting for a second is that it is not substantially more detrimental to the project is not substantially more detrimental to the

neighborhood and it should be approved for the special permit a second we have a second John beat you to it um any discussion on that that being the case on the motion um uh Ricky Sahari yes Dan De Pere yes Jim Calkins yes uh John Frank yes and chairman Pereira yes and the second piece of that Mr chairman I moved at the variance be granted with a special permit for parking I

think it's a special privilege for you so you don't need the variance anymore right right and this one is just a special permit for parking and number of units correct variance was there in case the special permit pot didn't fly right it's unnecessary for just parking for special employment part now okay I don't know how you get to the one to one on parking but thank you however you took a little while whatever Magic

and for everybody who's involved we all look at this for a long time yeah that's why there's not a lot of questions another special permit for parking yeah we need a motion on I thought that was the one he just made them yeah special permit for parking that one went through no I'll make a motion first special permit to a reduction in parking to one to one to one second Motion in

second on the motion John Frank yes Jim Calkins Dan De Pere yes Ricky Sahari yes chairman Prairie yes great thank you thank you very much don't go too far do you have to do anything with that no commercials that's commercial that's allowed okay that takes us to item five I feel like we just started 110 Chase LLC care of attorney Thomas piccolorin 110 Chase Street map h03 lot one the applicant

seeks a variance slash special permit in order to redevelop the existing Mill complex the applicant seeks to divide the parcel one newly created lot will consist of 400 apartment units the other lot will consist of the existing Warehouse style structure and is proposed for light industrial use the applicant seeks a waiver to setback computer a special permit for relief from parking

requirements and a special permit to allow the construction of 400 apartment units the property is located in the CMD commercial Mill zoning District for the record uh thank you Mr chairman members of the board again attorney Thomas kelloran Law Offices at 350 North Main Street Fall River Massachusetts I represent the petitioner property owner 110 Chase LLC before we get into the nuts and bolts of

the actual petition I would ask for the board's Indulgence to reduce the filing fee for this they give them both that have been voted that was already voted thank you no no it's just the one thank you you got to cover yourself man uh uh we're here tonight for 110 Chase Street which again and I assume that this 11 Acre Site there are one two three four five I think existing structures on this site

it is in similar type of condition that you would have found the alden's free property again I've been by it a number of times since we've started working on this project but went by just this week again and uh once again to to refer to it as an eyesore or a blighted I think is is an understatement ultimately what the applicant is seeking to do is to divide the existing parcel

uh the plan I know because of the size of the site and all that's going on in it it sometimes can become a little bit difficult to follow but we're going to create two lots lot one which would which will contain the proposed 400 residential units and Lot 2 which will contain the warehouse structure that's going to be utilized for whether it be commercial or light industrial use lot two uh we'll have 94 parking spaces

and lock one would have 407 parking spaces and this 400 proposed units on that site so we were able to maintain a parking ratio just above uh one to one although I know not not significantly above but we managed to do that in terms of the units themselves it'd be a breakdown of 71 Studio what they refer to as a micro one bedroom 76 of those regular one bedroom 193 and 60 two

bedroom units so we suggest that the breakdown is not dissimilar to what the board just entertained and heard with regard to Alden Street Indulgence ultimately for a special permit to allow for the reduction in parking spaces uh we're also asking for a variance on the due to the creation of the new lot lines in between what I'll call the warehouse building and I believe it's identified as uh

an existing four-story brick building which sits in close proximity to the warehouse building on its South Side the property line that divides there is going to create some setback issues I think the closest point is 5.1 feet again we're not creating anything new in that area so there's no new structure it's really drawing a line on the piece of paper there um but we want to separate the warehouse

use from the residential use and so that does create a setback variance when it comes to those two buildings and then there's also a new structure that's going to be erected up on the if you're looking side it's the building shaded in the darkest that sits in close proximity to Chase Street and I believe the setback there it's difficult for me to see on this plan I think it's about six feet from the

property line so there would be a setback variance needed there as the requirement is 10 feet so those are two two variances as well they're both setback variances but um in two different areas areas and then again we're looking for a special permit with regard to the parking ratio and a special permit again being in a commercial Mill District to allow for over 20 parking units similar to Alden Street

we did provide a a parking analysis and again same type of amenities in terms of shuttle service bike parking e-scooter parking are going to be provided as well as a commitment that 20 of the units would be dedicated to 55 and older which again helps reduce the demand for automobiles and at least eliminates you know families again based on the type of units that are being proposed the size of the units really

eliminates you know potential use of these as for a family so again we're really marketing these things marketing these apartments two is empty nesters young professionals people of that ilk again not looking for for families people with multiple automobiles as Mr agya pointed out on the old industry we're once again utilizing compact spaces there are 247 compact spaces proposed and 259 full spaces proposed

one of the comments and I can see and looking that's not their most recent plan right that's what I thought so in looking at the plan that's that's up on the screen there has been a revised one submitted and it was submittedly in the day-to-day um there was a concern that was raised by one of the inviters um about some of the parking being located within one of the paper streets

I believe it was Center Street was the particular one that was identified there were a couple of paper streets that impact this property sent the street to its North Ash Street on its easterly side so we revise the plan to remove the parking spaces from the Center Street layout as that was a concern that was expressed by one of the neighbors from what we can tell it's out on the

field out in the field that there's a fence on that neighbor's property that's maybe in the center line of Center Street or maybe even crosses over slightly Beyond 20 feet from that property on his property but what we've done to try to accommodate the concern that was raised because I believe the letter of objection was submitted to the board was take those parking spaces out of Center

Street we did a reconfiguration some of the parts this is the new one okay thank you so as the board can see and I know sometimes it's tough to tell again on this plan because of the size of the site it can get a little bit or busy but the parking spaces have been removed from uh Center Street and a complete within the confines of the lot um the second iteration had some of the

parking spaces within our street again speaking with Mr aguiar about that we moved them out of there so we were able to maintain the same amount of spaces I think except for I think we went down three spaces and from what was originally proposed in the plan that was submitted as to what's up on the screen today so it was really a de minimis reduction in parking spaces we had to do just a

little bit of a reconfiguration but we certainly wanted to address the concern that was raised by in a butter uh it's the objective of the applicant to try to be a good neighbor um he understands this is a large project you know sensitive to concerns that may have been voiced um as particularly about keeping a buffer incentive stream as was stated in the previous application the proposed use being mainly

residential in nature is going to lead to a more staggered influx and out flux of automobiles and people from the property as opposed to if this property was reutilized for a commercial purpose a meal purpose or industrial purpose you would certainly like the chairman stated likely have three shifts you'll have hundreds if not thousands of people coming and going all at once based on

the proposed use this will be more staggered in nature so you won't have that one big steady influx and out flux of people all at once again there was a detailed traffic analysis that was submitted that's Mr Aggie I pointed out it is you know with a traffic analysis if if your road is great the end result has to be great if if it was somewhere in the middle the end result has to be

somewhere in the middle and that's what the traffic analysis did yield is that there would be no negative impact on the existing service to the surrounding roadways again taking a belated piece of property there'll be a massive capital investment going into this property on the applicant is certainly excited about the prospects and the potential development of this we'd suggest to this board that the

repurposing of this site certainly be a boom to the city and I think with this this particular development as well one of the things that we're looking to do is to try to keep some commercial component um on lot two um so it's not strictly this is the purpose of this or the intent of this is to certainly not have residential Apartments but also to try to keep some type of commercial Enterprise on Lot 2

which I think is something that the city would be interested in and that it uh hopefully create some jobs so buildings um d and e the two commercial buildings are those going to be rehabbed in any way shape or form so building D is the what I call the warehouse building that's that's remaining on lot too and that is going to be the commercial use if the question is it going to be

rehabbed or is it going to be repeated it's being repurposed apparently but it's this changes but certainly it's certainly going to look nicer than what it looks like today thank you for whatever end use it is ultimately going to be and then the remaining buildings the existing buildings will all be converted to residential use with the exception of building e right that is going to be

used for predominantly a clubhouse with some retail storefronts um the I think that would be the southerly side of that structure okay excellent so so I Am David Sisson the architect 345 Taunton East Providence Rhode Island I'm the architect for the project just to answer your question about buildings d and e uh D is the larger of the commercial buildings e is the smaller both those are are fully

renovated buildings that's okay all right very good thank you any other questions from the board excellent presentation all the materials you provided to us extremely helpful thank you um give you two items just uh any help your decision as well the loss in the three spaces is only for the commercial use there's been no reaction for the residential use all right thank you and my only concern would be along

that new lot line for the purposes of fire protection that that no fencing be installed through that Corona as Fire Protection in these buildings is a concern I would agree with that okay other questions from the board at this point do you have uh different plan different uh renderings renderings the larger renderings at the audience can see so nothing that hasn't been presented to

the board but I'm happy to show these uh these are you guys asked about that and turn this around for the records or for the audience uh the commercial building thank you and this one is our building e both very similar buildings to both metal building technology a mix of metal framing and concrete block cinder blocks we're covering those we have an inside and the outside of those buildings

happy to let you guys get a closer look you know the middle building can you get me the street view hang on that's why I wanted to get her mom because I know there's a lot of questions about that too over the weekends everything's gonna go everything's good once we get there I just wanted to make sure okay

all right that that being the case I'm going to go to the public is there anyone here to speak on behalf of the uh of the project I know that the Fiola has uh mentioned this one in regards to the last project as well once again it won't reiterate a lot of the things I said um in the previous approval for all that she is it also contains to this particular project I think the one

difference here is a couple differences here you should also be noted that before the historic commission has granted approval for some strategic and intensification of the site and demolishing some buildings that are not historically significant that are no longer necessary as part of the overall development so in terms of aesthetic appearance for the property and the project itself you're going to

have a much cleaner looking overall development project as opposed to keeping up some of these older buildings the second thing is is this you know people need to recognize this is a Brownfield site I mean this was a site that sat uh unoccupied big difference this environmental contamination will be undertaking and remediating as part of the overall project so you know the importance of that I mean whether

the neighborhood I think cannot be diminished because that site itself you know is somewhat challenging both in terms of development between environmental perspective as well as the overall tradition of the property itself and then lastly again and I think it was mentioned you know this was the journal facility this is the last several facility that's going to be developed the other two there's two on Globe Mills

Ave which means you have further down on the uh you know just to the west of this property and one also on one Middle Street all these properties sat vacant for a number of years this one it was the most challenging because of the environmental conditions as opposed to the other two and again I think here you get a one-to-one parking ratio and you're going to have a significant Improvement to the neighborhood it and

once again you're looking at Millions upon millions of dollars of private investment care so when you invest that type of money you know this is going to be a pretty significant uh project and I think it's going to enhance everybody's property values of the neighborhood as yourself okay thank you very much anyone else to speak on behalf of the proposal anyone to speak in opposition to The Proposal sure

hold on please please identify yourself and your address my name is 152 Sprague Street uh Fargo Mass okay uh through the traffic board okay uh we worked uh with uh firm and I went working and eliminating uh parking spaces so that their trucks could make the tune uh to go to their property uh in doing so uh we found out that uh South Beacon Street is a An approved Street

so my question is if it's not an approved Street how could you make a plan like this uh Mr agiab if if it were an approved Street uh would there be a property uh line where the building would have to go uh in other words is there a 25 foot restriction or a 50-foot restriction so you're talking about South Beacon Street yes in particular so there are different types of streets there are accepted

streets and there are private ways the landowners that have bought them the rights that they have are exactly the same regardless of either the only caveat is when something becomes an accepted way the city is now responsible for the Reconstruction and repair of it and has those rights that they're required to do so whatever rights the landowner has currently being a private way or

accepted their use of it as a way is protected you get past that end of it there is there are building setbacks that need to be met with regards to setbacks of always whether private or unaccepted there are two locations on this plan where they're seeking relief for not meeting what the requirement is two lot lines one is an interior lot line one of them is to Globe Global chase at that point Globe I believe as

you're coming around the corner so those are the sections where setback comes into play on this plan nowhere else with regards to South Beacon I don't have to plan up again there is no relief with regards to setback required to South Beacon Street if that's the question that you're asking because it's a it doesn't matter whether it's accepted or not what about parking spaces would there be restrictions they cannot

talk in a private way or a public way or an accepted way or an unaccepted way because even if something's not built and this is an issue that we raised and that the applicant addressed you can't impede on others rights to access so anyone else on the street has the same right of access as the applicant does so you can't put a parking space in on your half of the private way because

on a private way each a budding landowner technically owns to the center line of the way you you cannot impede someone's access so if you build a shed on the private way portion that it butts you shed doesn't belong there a fence doesn't belong there because you cannot if these this applicant wanted to construct let's say Center Street completely they have every right to do it and anything that's in the way could

come down so they clearly understand that they've made sure that their plan does not impede or infringe on anyone else's rights to whatever way abuts their land now uh years ago when that was a mill yeah it was it was a buffer zone okay two uh any area of that Mill there was a buffer zone now was that buffer zone uh created because of noise or was it created because there's uh water that goes

through that property so this is not groundwater so you would have to Define what kind of buffer zone you're speaking of I don't know right but but so you just you just mentioned one with regards to a wetland or the Stream So the Conservation Commission not the zoning board of appeals and DEP deals with buffer zones and what activities can take place within a resource area itself

or the different buffer zones that are associated with these different type of resource area that's for a different board different meeting but as we'll be notified of that as well that's a construction activity this is the zoning board of appeals that deals with land use not construction this is not a permit to construct this project there are many levels of Permitting yet to go you know beyond this

as part of the Walter Furman project whereas I actually permitted that for Walter Thurmond and there was some street discontinuances that went you know around just so that they could accommodate getting to their building into their loading dock for that addition what I will offer to the board just as educational uh uh purpose and this came up at that meeting this neighborhood that directly is adjacent

to these properties this is a commercial Mill District was Zone industrial previous to this before zoning changed so the single family homes were allowed by variants correct where single-family homes were not allowed in an industrial district right so this is kind of you know working backwards where although the applicant is doing all that it can to appease the residential Neighbors clearly understand

that your residential use actually impeded upon the commercial nature or zone of the neighborhood but this board allowed houses to be built and that's what this board does is it listens to arguments what's land being used for but it's clear that everyone who or maybe it's not clear but anyone who bought a home in that neighborhood should understand that they're in a commercial Mill district and what was

industrial so your for zoning purposes let's say your guests to the industrial use but the expansion of industrial uses in that neighborhood were not taking place so the board saw it fit to provide variance relief in for through zoning to allow homes to be built instead so I I think this is and it's I don't vote but it if we were to look at what the potential complete commercial development of this area

could look like would be substantially more detrimental to the residential neighborhood that's there and that's why when they redid the zoning that they allowed this kind of use by a special permit almost promoting this kind of use in these areas that weren't going to be utilized for the commercial purposes that they initially were intended to do not by right so it needs to come here so that we can look

at things like where are the parking spaces how many parking spaces so that it can be done in a logical uh manner to protect the residential of Butters we we did receive a letter and it's a normal course of action that any letters that we get either for or against the project we do send them to the applicants so they're aware of what will be read into the record and they took it upon themselves Within

three hours to submit revised plans resolving that matter so that way they could come and say we heard what the what the neighbors were concerned about and we addressed it so I have to commend them on that normally this would have taken another month to get revised plans in after they heard the comments from the neighborhood I would recommend it aboard that uh that you get approved

come to the engineering office it's very simple you know you need 12 registered voters you don't even have to own land you just have to be a registered voter I also wanted to cheer uh did you receive a letter from Michael paletta got it right in front of me I was I was gonna I'm gonna read it into the record so okay thank you that's all I have okay great

Jason you got gray I didn't notice you yeah uh just a follow-up on Jerry's comment uh when he was talking about unaccepted Street in the South Beacon I think he was talking about the traffic flow of our right tractor trailer trucks right A lot of times they can't make the corner on South Beacon so they come from Chase and go through the Duro South Beacon entrance to arrive at our holding dock

okay so South Beacon does not extend through this property so you probably shouldn't be doing that South Beacon dead ends in the middle of this property they've been doing it no I know they've been doing it that's right no it actually extends I believe a little bit maybe about 30 feet something but I don't I can't see the plan but how is South Beacon labeled on that plan it's our vendors and our vendors they

just I don't know I understand but I mean that's that's going to end um that portion of South Beacon say public I mean my eyes but you can see where you can see where it dead ends that's just can you zoom in that says that says public underneath where it says that section of South Beacon is public and it because it does also provide Frontage for the two empty commercial Lots across the street as well

okay but it does not connect the globe no anyone else wishes a special opposition business can you identify yourself please name and address dromello 130. you can ask another question but that building number two is going to be for Commercial Business waste that traffic is going to come in from in that building I don't know which one building number two uh building D B it's going to it's

going to access down South Beacon the way that the way that it can now yeah we have a problem deliveries you know a lot of times you think of the telephone pole on a corner you lose power and now leaving that building there 400 apartments 400 parking spots salt beacons full movie with cars there a snowstorm and then we have no place to park those people's going to come from there first come

first serve unless the applicant respond but I think the residential uses are accessing off of globe and Chase correct the commercial use it comes in from South Beacon but how can that be done without a street being approved it is South Beacon is approved by their by what their plan shows not from Chase Street right no it does not exist right so so you would need you want to come up and

look at the plan we could probably show you on the plan what what what's happening well that I do know the plan I I really don't understand Arabic can do that between those two buildings there because they're from the globe you got a driveway going in you can drive between the two buildings how that's going to work they're not coming in off of globe anymore I I understand but how they go

in a separate residential from a commercial how that's going to work you get docs everywhere you know in that space building and plus the brick building it's only you get like it 14 feet have you looked at the plan I knew the building no no have you looked at the plan of where they're building driveways where they're building roadways where they're putting Park okay so without that right without you

having looked at that I I don't think your question is is fair without looking at how they're proposing for traffic circulation it might be or might not but my question is the wood of the Streets between both buildings how are we going to have there is no Street between buildings it may be an existing driveway a driveway is not a street the only Street here is South Beacon and it dead ends

halfway through this site correct that is not being touched nothing is being built from the salt side you come off from globe and to that Mill so they will have to there will be two new curb openings that provide access to the parking for the apartments one off of globe or maybe they're both off of Chase I'm sorry but again the plan attorney called Lawrence can talk you through it there's the plan on

one of these oh yeah yeah so I think it's on the back just just go a little bit so you can see what rows are going where the only question I have to change okay is

the only question I have to you okay is to the chairman the chairman can I speak to him for a second if you tell me what you're asking yes everything everything has to be for public record so you have to speak up so I'm just wondering if the developers would work with the neighborhood okay to try to get South Beacon Street approved okay from Spring Street to Chase Street I can make that request but again it

does not fall under our purview it has to go through the engineering department we can't make them do it but it's a good suggestion would the developers be willing to do it through Mr adiad's office well they can that's a question for them no no no no no no no 12 registered voters to it is doing except a private way right right this is not even a private way okay there is no way there's

no way there's way dead ends halfway through the same the driveway continues all the way through driveways on private property yeah okay turning Lauren has the floor thank you so again as I think Mr aguerra stated a number of occasions South Beacon Street dead ends as it gets to the back side of this property here um if what I'm hearing correctly is they want to extend South Beacon Street all

the way through 110 Trade Street property to check to Chase Street if that's something that the applicant is willing to do I can tell you that it is not something that the applicant is going to do that will actually disrupt considerably The Proposal that's before this board it would eliminate a number of the parking spaces uh obviously we want to keep the parking spaces that we're able to present to this board why

why would why would they want to do that to her I mean why do you want them to do that because Spring Street already okay is a problem area to turn onto South Beacon okay you're going to have all this traffic up and down Sprague Street or going up Sprague Street and turning onto uh a small residential street when you could have uh vehicles coming from both ends which would make it a lot easier

it wouldn't make things so congested there's going to be access from Chase streets so that's that was my other one is the two points there are two points of Ingress and egress for the residential units and they both go out onto Chase Street um so the traffic that is generated by the residential units is going to be flowing out to the south towards Chase Street here but how can that happen if it's not

an approved Street it's a driveway it's a parking lot it's a driveway it's a curb cut okay now I understand okay all righty not very interesting all right okay and I think what's what was intended what's important is to bisect the uses here yeah so that the 400 units of apartments aren't intermingling with the traffic associated with the commercial that's correct yeah anyone else in opposition

Bill's house to be high what's going to be the warehouse I think I believe okay I'm sorry I'm sorry what was your name

I just want to know because behind a house it's a paper roll paper rolled and then well the applicant has the legal right if it needed to to build that they can't build anything in it they can utilize it for Access as a road or a driveway the same way you have the rights to use it as a road so there are a number of utilities I believe that the city has that run through these

corridors of these private ways so those rights need to be maintained and nothing can nothing will be built structure wise in the right-of-way it can't happen so what you're going to see behind you is a new building or the existing building is refaced there will there's going to be a driveway on the back side of that building if it impedes into Ash Street or not we don't know that as of yet but they have

every right to do it that's not before the zoning board of appeals that's a right that they have um on the state statute yeah name and Records um we can come back to you okay anybody else I'm sorry Mr chairman um kind of what they're talking about which the we have a fence line or most of us have a fence line and then from that fence we have five feet that is still

our property past the fence line and then it's that Ash Ash and easement thing so that's fine so they're not going to come up to a five feet of property and I don't know where your fence is so yeah you're saying you have five feet I have this um at easement is that you're talking about uh what you're calling the paper street is Ash Street yes at the at the end of at the end of

that paper Street there's five feet of of basically all the way down from Evelyn's way as part of our property yeah and then they they put events they can't come onto your property no right so on the ash paper paper one you're saying which I just want to make sure I understand I have no problem with they they could if they would like make a um you know a paved Street of access to

go through ask people to come in to work in this industrial warehouse and there in that however that lot big is 94 parking places and my understanding is right now you're thinking for the industrial work to reshift because you're trying to of types of industrial work which I don't know what time of the day that would be but you're trying to say to alleviate traffic and people working am I correct is what I'm saying

that I heard yeah so what I'll give you an answer is the commercial use of that building is not before this board I know but he didn't make it that's a use right just just as overall but so the commercial use is allowed by right getting back to the right of way what I can assure you is that a structure a parking space a fence there's nothing that can be constructed in that way that

would impede your rights or your access so that if you would if you needed it yeah um so that that's the best that I can offer at this time yeah because you were talking about other areas about access and everything yeah and just just talking referring to that area on the plan and it's it's probably tough to read for what you see but the the dark line that runs all the way down the side of that

says proposed retaining wall so that's going to be a retaining wall all the way down the side of that street behind your house from what the retaining wall can't be in the street not in the street on their property it'll be so if you can see the black line behind your house the docker line that's a retaining wall on their property all the way down okay okay according to the plan

I think I could speak to this a little bit I've walked through there behind your guy's house yeah uh there's a lot of grade change from yes yeah down low it's a way up where you guys live uh it's a big help it's quite steep yeah and that's a street well it's not realistic right No One's Gonna drive through there today it's it's overgrown uh and there's a lot of great change uh

the intent is put a driveway down that side actually pull uh you know a lot of that overgrown under brush away from the existing building yeah pave it put a rectangle because because there is a lot of slope so the retaining wall would be on the east side of Asheville paper route right let's say our property architecture so it would retain that hill right exactly and but all that pay

event pavement area is going to be on the I imagine if you guys go to your backyard and you look down on that building and say it's probably not the most beautiful beautiful no we actually it actually brought down the value of we had a home appraised and you said that steel structure it's in tough shape it's got a lot of industrial equipment on top of it inside of it of course we'll clean all

that up make it look like a new building it will have some new mechanical units on top because we've got a heating cool it but a lot of that stuff's going to get cleaned up it's going to look a lot nicer but it's not going to be You Can't Hide it's not it's not getting taller it's going to get walls the windows in fact if you're at that site today

that the lawyer mentioned that it's a um a bunch of buildings that is kind of but they're all joined together in one monster building we're going to take down a bunch of the smaller buildings and additions clean it up and make it separately so we've got Building A B C D and E new proposed building path that I'll be separate now what we're calling B and C are the beautiful historic brick

buildings around that said yeah it's been going together with uh with a walkway the joints we can drive under it so I was talking about a road that goes between you guys I think that's what he's talking to driveway under there those are going to kind of sit free and be um in a lot of utilities that are created around the bottom and taken away from them so you'll see more of that

beautiful group stuff the um metal buildings that are there uh they're we're actually making them smaller we're taking stuff away from them they're not getting bigger they're getting smaller and uh in the facades the outsides those buildings are going to be new they're going to look new we've got a rehabilitate the structure inside those buildings Yeah clean them up and so um you know I

think our goals we're trying to make something really nice yeah how about that probably the water goes stink crazy close to the brick yeah and so uh there's a stream that runs through this site yeah I got them in a little outside my expertise and paper and we do have the civil engineers here they are the smart people about those kind of things and they might be able to talk about

that but you know all these Mills were built on streams they built the most streams because they could use the water for the Waterway because they're all there and so um Montana called the police we thought it was a bad body or whatever yeah right now there is I believe it's on that paper Street there is an existing telephone pole with uh electrical but nobody really uses it the

city was going to remove it at one point but they've never got to it so you would probably remove that I I would assume if you're going to put a streak there oh what would where we're in the back of my house right back there yeah there is a telephone pole with uh Power but um they just they uh put a new towel just to the bottom maybe six seven years ago

it was supposed to remove it sorry Emily I'm just exercise it's going to stay basically as buffered as it is today oh and the retaining one will be on our side okay um so it looks like we're looking at the plan on my phone the overhead wires in the middle of that street yeah industry we're not currently proposing to touch oh okay I was just wondering because I was like oh you know because we're going

to have access my concern is not with the apartments not with the building my concern the most is the products Pace they have report on that building for the residents going away because we already have a problem parking on that street and with 400 watts is not enough a bad building that's I'm asking for you know what I mean I'm not going against anything you know what I mean I understand the world we got

water over there it stinks like from Quick pond that's all mixed with everything is in there salt is a lot of work to do to clean that up because and there is and we realize it's right what the site was what's been left behind and what's being done ultimately to get it cleaned up you know as far as parking this board has to decide if they're providing enough parking spaces I

understand I'm not over here just try to knock anything down because I've been living in here for 30 years right in the corners spring and South Peter and these people I met one of the Departments it came in two people you know a little baby three years old now this three old is about 30.

you know what I mean there's a house there single homeless get eight cars because they have kids but they bought the house there's only two of them now the kids Community the car another kind that's the aim we're for believing it even Spring Street from Dr bottom of both sides but but this developer is self-contained as far as their parking goes they're not looking to park on any of the the abutting streets yeah we

get that oh okay so I can't I mean I'm not going to stop we can't control somebody having eight cars in one house yes so I I know it's it's an aggravation but I

think taxes my point is because it means it's so tight on 400 spots for the parking cars what's going to happen is you're going to get in from that Pokemon they don't have spot here they go in the community and takes a spot from us or or it could happen the other way around that people live on the street sitting on a park in that brand new parking lot over there is

that that's my concern but you know what I'm saying it's like I think they need it that bad and have more boxes I don't think anybody that gets a happiness milk no uh refurbished and cleaned up I think the problem is is the parking space is okay and the way the street is designed uh I think that's the concern of a lot of people that live in that neighborhood

it's just my opinion I I hear you I hear you in the parking spaces what street is is being designed because they're not designing any Street on this development correct correct so there's no problem with the design of the street because they haven't designed a street on this development no they're not but there's also did not but there's two different things your neighbor just brought up just brought up

not enough parking spaces and he doesn't like the design of the street there's no Street design building for the business just want to stay for business which is great you know what I mean I like to see that and business people are working over okay but they're given more Park compared the percentage of that 400 to 93. to that building you know you know I speak in part is we understand that the South South

Beacon just dead ends right in there correct okay I think these guys are really concerned about our vendors yeah trucks not being able to go I understand that yeah from Chase through South Beacon all the way to spray so instead they're gonna have to come from Sprague South Beacon all the time and it's uh just not really fit for that purpose because the trucks are 60 foot in length

and it's very tight space I mean I had a hard time going through the traffic department okay to uh to get my neighborhood straightened out so that those tractor trailers could make that corner and then once that were too long that couldn't make that corner have been using uh Chase Street they're not going to be able to do that now right but they they had no right or legal right to use Chase Street they

have trespassing you're absolutely right I agree with you so that has nothing there's nothing that this application can do to resolve that issue the land was for sale Walter Furman could have bought this Mill if they were concerned about access and keeping cars off of your street they chose not to do that so well we have to protect the rights of the landowner as well yes it's actually just a clarifying question so um

so it seems as though it's Building B C and F that are the three residential buildings that's correct social building hey a b c f c and F correct okay um and I I don't know if this is relevant or irrelevant but there is a rather large Middle School right down the street so there's a lot of kids walking around that neighborhood very frequently so just kind of want to

throw that out there so what we do and again not this board but through the site plan review process we will require that they make drastic sidewalk improvements to this entire car and through their Frontage yes traffic Zone come from and there's hundreds of kids they will be required to improve all the sidewalks in front of their property that's an important note because there

are two schools two huge schools in that area also yeah

so but there's just a lot of kids walking around people aren't after school anyone else okay I do have just a couple of pieces of Correspondence that I will read in the the first is the exact same letter from preservation Society of Fall River and support the same two letters so I'm not going to reread one specifically speaks to this this Mill um Wyoming Mills company being established in 1845 in this uh

this particular Mill building a complex being built in 1888 so they are in support the other letter is their support letter signed by their board which covered both of the both of the constructions the other is a letter that this gentleman referred to it came from Michael balita to the zba my property abuts the Duro items par item five parcel on the North side there's always been a

more than 50 foot vegetative buffer area between my property and the Duro parcel this plant appears to destroy the vegetation buffer and provides 25 illegal parking spaces running north and south on Center Street which I believe has been addressed which runs east and west Center Street from Ash Street to Bay Street is an unaccepted unimproved private Way Center Street beginning at

the southwest corner intersection of Ash Street and Center Street continues West to the intersection of Center Street and Beacon Street involve steep compound drops on the Duro parcel proposing parking spaces in that area appeal appears highly impossible improbable if not impossible according to our local ordinance industrial parking spaces must be marked and on Blacktop or on a smooth hard surface

and according to our local parking traffic ordinance 70-312 a Section 8 parking will not be allowed in a private way Mass law denies defines all unaccepted roads as private and forbids parking on a private way I urge the zba to deny or eliminate the 25 illegal proposed wrong way parking spaces on Center Street area and leave the existing vegetative area as is or move the proposed 25 illegal parking

spaces on Center Street South to the level blacktop area on the Duro bar correct me if I'm wrong the 25 parking spaces have been moved off Center Street correct that's great worked out so that's that's resolved the vegetative barrier I believe what he's referring to is is Center Street right now it's kind of in a vegetative state again we're not we moved the parking off of there so we're not putting anything there

okay no intention to yeah as I stated I believe this gentleman has a fence that actually encroaches a little bit further beyond the center line of Center Street which would actually under statue be a property that's owned by my client but that's it now the different issue to be dealt with um not not this board not this board right I still can't see it all right that's a lot you can ask the question I'm sorry I'm

nobody's talking about the new building so I wanted to talk about the new building oh I love that oh I love the new field they're going to build they love the new building oh yeah well there you go I just had a question about a height waiver is there a height waiver that's needed because we have 80 feet at one end the other end looks like it's it's eight stories so it's got to be

more than anything so I can tell you what we designed so we went for that there's a lot of good because the pictures are different and that's what I was curious about and you guys might tell me we were we misunderstood the ordinance but we designed it uh it's picking 80 feet in the center of the slope because it slopes down at Chase straight back and so that's what you're saying that's

not what the plan shows the plan shows 80 on the short end you're getting no relief for height we're not asking you're going to have to deal with the building inspector for compliance with height and how he wants you to calculate it whether it's a great playing anything so you're going to have to work within those constraints or come back for others okay so that you have to deal with the

building inspector I don't know I'm not the building

if you believe that it should be speak to your counsel VES they have to exercise within a year yeah a year oh variances or they can get an extension yeah but there's other permitting hurdles the site plan review this Conservation Commission issues they have historic stuff so it's got I wouldn't anticipate best case scenario best case and this is not speaking for them maybe a shovel in the ground and six or

seven months I would think if I'll look if everything flowed quickly um because there are some construction homes oh yeah you may see activities going on in the site but you won't see yeah that's the building permits most likely until and then again we've got two different projects here the commercial use much easier to permit because you're really not doing anything so they're probably

going to get permitted separately so that the commercial use can almost be started 30 days probably by the time you can get a building from it to start doing renovations to the structure the other part of the project is more storm water related Conservation Commission site plan review and those things so that that side will take a little bit longer doing the warehouse we're going to have

problems with rats right well so the building department well the building department and and the Board of Health require um that it gets handled up front so there's no demolition without you know baiting and of course we all you know we're all from the city so we all understand the issue with rodents um it'll have to be addressed and heavily addressed you know to make sure that everybody stays safe sure

they don't need a building permit to do environmental mitigation so that's probably what's taking place now if I had to guess but has met as I just said we're doing environmental mitigation they do not require a building permit so they can be in doing their due diligence with regards to environmental issues now as long as they're complying with dep's regulations which is what they're required to do

okay anything else Council nothing further okay if there are no further questions if there is no further public input we have a special permit in front of us four the subdivision as well as for the project and we have variants in front of us for a couple of issues a sec back that has caused simply by the creation of two lots

step back hopefully not high let me pull my plans back up

it's all in your hands Peru special permit Mr chairman I guess that we find that the property or the proposal is not substantially more detrimental to the area than the existing our use is that a second Oh I thought you just seconded that second thank you they have a motion in a second that the special permit being requested is not more substantially detrimental to the neighborhood on the motion John Frank

yes Jim Calkins Dan De Pere yes Ricky sahadi yes Jim Prairie yes Mr chairman just to clarify that special permit addresses both the parking and summaries separate that's the first part of it less detrimental you just looked at the overall and said it's not substantially more detrimental to the ability of the area Grant the special permit for use for use okay as proposed it's two or four

special permit for the use as proposed That's not including the parking second that'll be separate okay so then we have a second second uh John we have a motion and a second discussion hearing none Ricky Sahari yes and De Pere yes Jim Calkins yes John Frank yes chairman Ferrer yes two more to go I moved that uh special permit be granted for the parking for the reduction in parking to include

where how many did we end up with is it a one-to-one we're one to one we're a one-to-one ratio for apartments to parking so that's that's your motion to allow a one-to-one ratio of residential parking to units or residential units apart is that a second discussion does someone have to be bifurcated no no okay all right that being the case Ricky Sahari yes Dan De Pere yes Jim Calkins

John Frank yes chairman Prairie yes and the last is we have variances needed on two lots correct so on in regard to the setback Provisions needed for the approximately eight story new building let's address that one first and then that caused by the um separation of lots I'm just trying to I'm what do I need on that building the proposed building six feet to the streets so it's only on the the front yard setback

correct so I'll accept a motion on the variants for the front yard setback for the new building was it what is that building called that's F that's F thank you there it is Mr chairman I know we've granted variance on building F on the proposed plan uh allowing for a setback variance of six feet six feet yeah let's check back second all right motion and second on the motion John Frank yes Jim Calkins

yes Dan De Pere yes Ricky sahadi yes chairman Prairie yes and then we have the setback at the division of lots I think it's convoluted doesn't it so that's on that's on the residential property and it's a five foot setback five foot one inch set back so the closest point correct is is five foot is 5.1 okay that's between C and D so the distance between C and D is is

greater than that but the setback from Building C to the new lot line is five foot one inch so um so we'd be talking about setback between Building C and 10 feet to the line and five feet to that so it's 15 feet in between the buildings there's 15 feet in between the buildings 15 feet two inches in accordance with the plan yeah yeah building D at 10 feet and then it sneaks

down a little bit better than five feet to the to the brick building according to the plant yeah um and again only because I can't see the um the small addition to the back of the commercial building that meets that back to Ash Street and meet 10 feet to ask yeah the dock yes

as long as the surveys right is that your motion yeah is that your second second we have a second okay Dance all over on the motion but I'll let John vote for us John Frank yes Jim Calkins yes the Underpants yes Ricky Sahari yes and chairman Prairie yes thank you very much planning thank you very much thank you all great great presentation

correspondence we take these outside guys excuse me excuse me thank you for six roll number six how can I forget Pebbles dear God we almost forgot item number six six we still have headphone C and Barbara Ann Souza Cairo attorney Thomas speak Lauren 135 Pebble street at the intersection of Bam Bam uh map e02 lot 32 the applicant seeks of variance to convert the existing finish space above

the garage to an apartment in an R4 two family zoning District sorry about that attorney Clarin this is this is candy comparing what you just did right so uh very different application before the board so last time for the evening for the record attorney Thomas can learn representing the applicant Antone and Barbara Ann uh Souza property at issue is on Pebble three excuse 135 Pebble Street

it's an existing single-family residence as you can see the house takes up a large portion of the property which is 4 400 square feet and it extends to the back where there's an existing two-stall garage the Souza's purchase this property in April of this year unfortunately when they purchased it they were led to believe that they were purchasing a existing single-family residence that had a legal apartment

above the garage their granddaughter who's here with Mr Souza tonight also lives with them and through my conversations with them you can see that there were conversations or text exchanges between the granddaughter and the listing realtor exclaiming how much money they'd be able to get for this existing finish space above the garage unfortunately after the sues has purchased the property they received a

visit from the building department from one of the building inspectors and he advised them that the prior owner already had knowledge that they had been notified that the finished space above the garage was not a legal apartment much to their Chagrin the building department seemed to be fairly sympathetic to their plight and they actually instructed them that they should file for a variance and seek

relief to ask this board that the again the finished area above the garage be legal be rendered into a legal apartment property itself is located within a two-family district the zoning requirements in that District require a single-family residence to have six thousand square feet and an additional 2 000 square feet to convert in order to have a two family so obviously there's square footage falls short as they only

have 4 400 square feet under the circumstances however and the the the facts that that lead to the Caesars coming before this board I certainly don't want this board to think that this is a oh please forgive me I converted into an apartment and now we want permission to use it as an apartment after we got caught they unbeknownst to them thought they were buying a two-family illegal to

family and unfortunately found out after the fact that it was not I know it could be argued that hey you know you should go and do your due diligence the souzas had a realtor unfortunately that Realtor worked for the same real estate office that was the listing broker um and they unfortunately did not get all the information I think that they deserved when they were buying this property I can tell you that they rely

heavily on the apartment income to help pay their mortgage and without that they would certainly be hard-pressed to make their monthly mortgage payment on that currently stands and they wouldn't have purchased this property if they had known that the finished space above the garage could not be used for a residential apartment again we're in a two-family Zone they certainly don't have the requisite

square footage but it's not a use that would not otherwise be permitted but for the size of their parcel they have certainly ample Wall Street parking spaces again it's a two-stall garage and I have a very lengthy driveway so they could certainly provide at least four parking spaces certainly they can actually provide more than that on Wall Street parking spaces looks pretty empty so I don't think that

there's anybody here opposing we'll have to ask anyway and I would say the shape of this lot the size of this lot is is your is your hardship correct and I think the structure itself um it's Unique in its its shape and it's how it takes up the the entirety of the parcel just curious was the prior owner renting out that space so they were originally at the time that it was sold it was not occupied

um by a tenant but again I have messages here between granddaughter and sounds innocent so the building inspector you stated had already told the previous owner correct that he had knocked it off 100 and then when they paid a visit to my clients it was quite a shock the second time yeah only the first time to them there's nobody there now it's not being rented now no it is currently rented a time it is

you certainly don't want to mislead the board but when when the building inspector approached them and saw that they had a tenant in there they explained what had occurred and then building inspector's advice was to come before this board before they took any kind of Hathaway gave you some Grace yes exactly but still very dangerous if something were to happen to somebody and your insurance is not covering you

because you don't have a legal two unit apart but I think I think it's rented with the insurance for foreign apartment I believe okay all right right just not illegal which side would you rather you know insurance company something goes wrong I go oops sorry so I have no questions anybody questions or comments at this point anyone here in favor I know you are anybody here against we had to ask uh

I'll accept a motion on this uh on this matter I'll make a motion to Grant the variance second second that was a catch I'll give Dan was louder uh discussion hearing none John Frank yes Jim Calkins stand a pair yes and Ricky sahadi yes and chairman Pereira yes great thank you very much why couldn't you do that on the last one I should have asked us

no so Chris being was going to be first so thankfully I got bumped up before then because it was a packed room and I'd love to know what happened I'll be reading that on save our baby correspondence what do we get good night everybody thank you good night thank you immediately response action completion and Method one risk characterization a permanent solution what is this Massachusetts environmental stuff that

if it gets sent to you you need to get sent to every Department in file I have one second very quick thing okay wait who who motion motion second all right uh one quick thing because we're getting hit from every side with things that we don't even have in our bylaw and I know that a letter has this is public comment I'm now a member of the public um a letter has already gone into the city

council mayor's office etc etc from various boards I would like this board and I will draft it and send it around to draft a letter requesting action from the city council that we move towards having a wireless bylaw so we don't have to mess around like we did with with the last tower that came in here we have brown to stand on a solar bylaw because sooner sooner than later one of the people in my industry

is going to come and try to lay down a multi-acre solar farm on land that we don't want to cut down all the trees on short-term rental bylaw oh yeah absolutely I know it's been brought up but I think we as a board we're the front line all right yeah so we're having to deal with this stuff what the hell was the fourth one pardon oh yeah the Inland Apartments that we don't have a

last month we granted an inlr but we granted a variance for something that doesn't exist in our Bible I know and it would have been there would have been at least one no vote so new chairs where we Grant the chairman authority to draft a letter to the uh to go through the planning department and planning department will pass it on okay

finish motion to wave the message and accept the minutes Dan seconded all in favor all right motion to adjust somebody motion to adjourn second all in favor all right guys thank you