9.30.2026 Special Planning Board

I'd like to welcome everyone to the Wednesday, September 30th, 2026 meeting of the Fall River Planning Board.

Pursuant to the Open Meeting Law, any person may make an audio or video recording of this public meeting or may transmit the meeting through any media.

Attendees are therefore advised that such recordings or transmission are being made, whether perceived or unperceived, by those present and are deemed acknowledged and permissible.

The city charter, Section 9-18, mandates that all municipal member bodies develop and adopt rules or policy for public input.

We have adopted such a policy which, in short, provides for citizen input on planning board-specific matters at the end of the meeting.

There should be a sign-up sheet located at the back of the room.

Uh, we have with us Dan Aguiar, the city engineer.

Felicia Parker, planning recording clerk, and Pam Nickerson of Fall River Government TV.

I'm gonna do a roll call.

Gloria Pacheco, absent.

Beth Andre, also absent.

Mike Farias, present.

Orlando Rodriguez, present.

And I, John Ferrara, am present as well.

The, uh, number 1 on the agenda, Highland Woods subdivision request for completion.

Discussion and possible vote on the request for completion for the Highland Woods subdivision.

So you have a memo in your package that was submitted, and along with it is a list of some outstanding items with regards to as-built drawings that need to illustrate conformance with the approved plan.

Majority of the comments have come from the Department of Community Utilities.

When you visually go drive through the subdivision, everything appears to be constructed.

However, we cannot determine compliance with the approved plan without the as-built plans being updated.

So there are some i's to dot, t's to cross.

I have spoken to Mr. Steen about that and trying to get these as-built plans cleaned up a little bit.

This has been going back and forth for— actually, a year ago, July, was the last time we had substantive discussion about it.

So right now, tonight, we are being asked to vote on completion.

My recommendation is that we cannot vote for completion.

Then Mr. Steen had asked me earlier today, and we had the discussion last week, do we have the ability at some point soon to reduce the surety?

So obviously, a lot of work has been done, and surety can be reduced.

However, as you've always worked in the past, you rely upon a list of items that are yet to be completed.

So without having the as-built plan signed off on by Community Utilities, and some of it's as easy as how far away is this water line from this sewer line, and it's adding some dimensions to the plans, getting some easements conveyed.

So the construction is done.

It's just a matter of whether or not community utilities can say it was done in accordance with the plan.

So my recommendation is that tonight, 'cause you do have to take a vote regarding the completion.

So I would recommend that you can't give that approval tonight.

And where we do have a meeting in 2 weeks, I would like to post this on that agenda for surety reduction.

And also possible vote for completion.

If everything is set.

I'll try and wrangle Paul to get into a meeting.

So that way it's not show it on a plan and then wait for Paul.

I'd like to sit and have a set of as-built plans marked up in red by everybody in the room so that Mr. Glass knows what is being expected coming back in.

It probably will be Allen and Major who has replaced— oh, okay, all right, okay.

So you're suggesting a meeting prior to the— yes, yeah.

So like immediately have Allen and Major come in, let's sit down and let's item by item And let's just stop banging these things out.

Absolutely.

Let me just, just mention your name and address for the, for the record.

Oh, sure.

Ken Steen with AIS Real Estate Development Corp., 3 Ledgewood Boulevard, Dartmouth, Massachusetts.

I'm joined here with Ian Steen of the same corporation and address.

So like, Danny, just, just so you know, so, uh, I did— I've spoken with Phil a couple of times since the weekend, right?

And he's ready to proceed to, you know, most of this is clerical.

There's some things that my hopes is when we have the meeting with him, so like hopefully let's say Tuesday.

Yep.

Because I'm, I won't be here Friday and Monday.

Yep.

If we schedule a meeting with him Tuesday, he can come in with as-built plans that hopefully already address most of this.

Most of this.

He does have a couple of questions.

Okay.

I'm going to get those from him.

Yep.

And I'm going to maybe email those to you either tomorrow.

And that would just in terms of He just has questions regarding— he doesn't understand a couple of the comments.

He just needs some guidance, if you will.

Yeah, no problem.

Well, like some of it's basic, right?

There's a detention pond that's supposed to have a pipe that leaves the detention pond.

Yeah.

Not shown on the plans.

Right, of course.

So the as-built plans don't necessarily reflect what's in the field, which shame on him for not putting that on the plans if he had surveyed it.

Of course, we do agree with that.

Just mock them up.

I would expect, I mean, if nothing else, we should be able to substantially reduce the surety.

The surety amount, yeah.

Well, it seems like we're pretty much on the same page as far as both sides.

Does anybody on the board have any questions?

No, it's pretty straightforward.

Before we— so tonight, all you're voting on tonight is the request for completion.

Okay.

So I would recommend a motion to deny request for completion because that's all that's being asked, and we'll reconvene and readvertise, or not readvertise, but at least repost on the agenda surety reduction and request for completion on the 4th.

And yeah, and then you'll see where you're at, and then if we're not close, then we can always do the surety reduction.

We should always be at the point of surety reduction, right?

Because like, right, even like right now, I can't, I can't say that, that this drainage pipe is installed because it's not on the as-built plan.

So literally all the other little items really have nothing to do with surety, right?

If it's— if everything is shown on the as-built plan.

I did see the email that you had today regarding some, you know, potential easements to resolve some of these.

That's for Paul's office to deal with.

Because I actually, I don't know if you have the right.

Can you get these easements from the landowners?

That's going to be the hard part.

Yeah, no, it's easy actually.

So the map awards, we retained the rights even post-conveyance.

Conveyance, okay, good.

To do that.

Absolutely, yeah.

But that's it, you know, I mean, We have a good relationship with the developer.

They're always very responsive, but getting down to the ends of some of these things all the time.

And this has been, I mean, really no construction activities happened in probably 2 years, right?

Since pavement and bonds.

3 years ago was the top coat.

Was that really 3 years ago?

Yeah, it was 3 years ago.

When did you come on board?

5 years ago.

Oh, so I think it was 3 years ago.

For that long, 5 years?

Yeah, well, yes, our January makes 5.

Was it?

5, you've been here 5 years?

Yeah, '22.

It might have been actually January of 2020.

Yeah, but it was— I'm thinking, I think our last closing was 2021.

That's why the emails of conveyance of easements on in '21 that you sent me that went to Bill Kenny.

Oh, that's right.

So that's when he left.

He never was— he left.

Yeah, well, he left about a year after that.

Oh yeah, okay.

It still fell on him to most likely follow up, but I have some markups on those as well.

But well, that's the easy part, so we're good on both sides.

Do I have a motion?

I'll make a motion.

I'd like to make a motion to deny the request for completion for the Highland Woods subdivision project until all comments are addressed and on the documents.

I second the motion.

All right, no.

All right, roll call.

Michael?

Michael Ferris, yes.

Uh, Orlando?

Yes.

And I, John Ferrer, vote yes as well on the, um, motion.

So right now on that Tuesday, which is the 6th, right?

I know because I just scheduled the meeting.

I only have one meeting right now at 10 o'clock.

Okay, so find out when Phil can come in.

Even if Paul doesn't come, yeah, we'll force that.

Great.

Okay, thank you.

Thank you.

Dragged you, uh, out.

Listen, off schedule.

All right, last on the list, Form A, application for endorsement of plan believed not to require approval.

Excuse me.

A&R plan of land, file number 26-1686.

Owner applicant Madison FR Properties LLC.

Property location 420 and 594 Airport Road.

Assessor's map Z-3, lots 0008 And 0024.

So this is an R&R plan.

It's actually land parcel.

That's why the plan looks incredibly detailed.

But basically, we're not creating any new lots.

If you look at the property located at 420 Airport Road, this is where SwimEx is.

You guys know where that is, right on the side of the hotel?

Oh yeah, right.

So there's currently 3 buildings on that piece of land.

And then if you recall, they built a new building next door at 594, which InVigen is moving into.

Invigen wanted to buy the existing vacant warehouse to use for warehouse space and to be able to provide additional parking to them.

So they're buying the back of 420.

So the 2 buildings out in front where SwimEx is, and I don't know if it's something trans, whatever, Trans Systems or whatever it is, that will remain on that existing parcel.

So we're not creating new lots.

One lot's getting smaller, the other lot's getting bigger.

Both lots conform to frontage area, building setbacks, everything that we made sure that all of the easements are on there.

So you can look at the dates of this and the different revisions that have been going back and forth.

They chose to go through the Land Court process first before they came to us.

So this has received an incredible amount of— Attention.

Attention from Land Court.

Normally they come to us for the easy signature first and then go deal with Land Court.

But they chose to go this opposite route.

So with that, the plan should be afforded endorsement.

Do I have any questions by the board?

No, it's pretty straightforward.

Yep.

Do I have a motion to approve the Form A as presented?

I'll make a motion to approve the Form A. Mike.

Second.

Orlando.

Roll call.

Michael Farias.

Paris, yes.

Orlando?

Yes.

And I, John Ferraro, vote yes as well.

Do I have a motion to adjourn?

Motion to adjourn.

Orlando, seconded by Michael.

All in favor?

Aye.