9.9.2026 Planning Board

Good evening, good evening everyone.

Welcome to the Fall River Planning Board committee meeting, and we have, um, on Wednesday, September 9th, 2026, starting exactly at 5:30 PM.

We have sign-up sheets in the back for any public comments, and that will be addressed during the process and towards the end for any Q&A.

Our first line above, um, to proceed with is the reading of the open letter meeting law.

It's chapter, um, Mass General Law Chapter 30A, Section 20.

Pursuant to open meeting law, any person may make an audio or video recording of this public meeting or may transmit the meeting through any medium.

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

With that, I'd like to do a roll call starting to my right.

Present.

Gloria Pacheco?

Present.

To my left.

Orlando?

Present.

Also in the room is Dan Pacheco, who is the director of Engineering and Planning.

It's all right, I'm going to change it.

I'm going to change it.

I'm going to change it.

I appreciate that.

Sorry, Dan Aguiar.

That's racial.

And, uh, if you weren't nefarious, I'd take offense to it.

I know, I know.

And to, uh, in our court is Felicity Parker.

And also recording this evening is Craig Salvador from Fred TV.

With that, we have our old business news.

It was voted to table this reconstruction on September 9th, 2025.

Dan, could you please proceed with where we are with this project?

So we received revised plans and supplemental information on August 26th.

We sent that package to the Department of Community Utilities for review.

We did finally get comment back from them at about 11:50 today.

I did at that point send over a concise set of comments, which you have in your package, that email to the applicant with some outstanding items that need to be addressed.

Some of them are fairly technical engineering.

Some of them are more logistical.

But I think it would probably be good to have the applicant provide the a small presentation of where they're at, and then we can talk about the comments that need to be resolved.

Okay.

Could the individuals please come forward?

Please state your name, address, and the project, please.

Thank you, Mr.

Chair, members of the board, Mr. Raghiar.

There you go.

Thank you.

Madam Clerk, for the record, my name is Arthur Frank.

I'm a lawyer with address of 209 Bedford Street, Fall River, Massachusetts.

I represent the applicant, Tiverton Investments, LLC.

The principals of Tiverton Investments are here tonight, David Malkin, Samuel Malkin, and Mark DeMello.

And with me also is the engineer, Bill Smith.

What Mr. Aguiar had earlier stated is correct.

There's been various exchanges of information these past few months, and this morning he was able to get us 7 bullet points that have to be addressed.

So, not being an engineer, I'm going to defer to Mr. Smith to answer them as best as he can, and I'll help him out if he needs some help.

Perfect, thank you.

Good evening.

Bill Smith from Civil Engineering Concepts.

Nice to be back before you.

We did make some changes to the plan that you previously saw.

And essentially, we have met with the town of Tiverton, since this— let me refresh everybody's memory.

Bolduc's Lane comes down from Crandall Road, heads this way.

Bolduc's is improved.

It's paved.

It's 10 to 12 feet in width to a point.

The state line, City of Fall River, Town of Timberton, line is right through here.

Our clients have some property on the Tiverton side of the state line.

The access would become from Bolduc's, across approximately 240 feet of Fall River, and then it would get into the Tiverton property.

There's another 200, close to 300 feet to complete the Spring Street extension.

So, a total of roughly 550 feet of roadway is being proposed to provide frontage for the Diverton lots and access for those lots.

This was part of a turn-of-the-century subdivision called Stafford Heights.

All of these lots, right-of-ways, roadways, those are all existing.

We're trying to improve what was previously subdivided.

And that's, that's kind of where we were.

We had discussions about stormwater.

We did some soil testing at Dan's request.

Those results were satisfactory.

We adjusted the design a little bit.

And we are proposing a pervious asphalt surface with a reservoir course and the various requirements that make up the pervious asphalt.

Rhode Island and Massachusetts have slightly different details on their standards, so we've incorporated both standards.

So, the Massachusetts work will be done to the Massachusetts stormwater standards.

The Rhode Island work will be done to the Rhode Island stormwater standards.

And they'll essentially be seamless at the state line, so there won't be any elevation differences or anything substantial there.

The roadway itself is to act as our infiltration component, so any water that falls on the roadway will percolate down through.

Go into the reservoir course, and then ultimately infiltrate into the underlying ground.

So, we do have some stormwater attenuation to make sure that our post-developed road meets the pre-developed water standards on the property.

I can quickly go through those 7 items and try and respond to Dan's comments.

The first one had X— actually, it's a multi-part comment, but proposed method of stormwater mitigation is unacceptable.

So what we're proposing is that we use the pervious asphalt.

And again, the— we'll have soil and vegetation on the sides of that where the pavement is, we will— it's porous, water pours through it.

Infiltrates into the ground so that we don't have any excess water, or any water in excess of what runs off the property now.

Presently, the topography kind of puts— it's a fairly small watershed, but it pushes everything down towards the southern intersection with Bolduc's Lane.

And we are doing the same thing.

Within our stormwater system, we've created check dams so that the water will actually be held in certain levels as it gets into the roadway.

There's a slight slope to the road.

It's approximately 2.3% at the maximum slope.

So this will contain those water in those cells so that they do infiltrate into the ground.

There's a question about the provided time of concentration is questionable.

I've looked at that.

We've looked at the numbers.

I think it's consistent.

I'll look at it again.

We did have store well in excess of what we needed to meet our pre-developed runoff criteria.

So, I think we were slightly overdesigned.

But, I can look at that time of concentration number.

Upgrading attenuation of runoff is possible on property owned by the applicant.

If you look at the subdivision, there was a series of many small, small lots through here.

So, there's not a lot of room.

You can kind of see it up in here.

But, these show one or multiple lots that are currently the assessor's designation.

There's very little room to put the septic system, a well, and a stormwater system on, on the upgradient property.

There was a comment about using the lateral streets for some of the stormwater attenuation.

And if the board is okay with that, that's— that is an option for us as well.

Because Spring Street intersects.

So, Bullocks Lane, then we've got Beach Street, also known as East Street, Maple Street, and then Spruce Street.

So, there's 3 sections of roadway.

So, there's the potential to use some of that right-of-way on either side of the roadway to store some stormwater too.

I think pervious pavement design that we've submitted meets the stormwater criteria.

And, you know, I stand behind that.

Collection and runoff disposal of such within the paper streets running perpendicular to Spring Street should be considered.

I just kind of mentioned the possibility that there is some additional capacity that we could use there.

But what that would do is it would prohibit any other development from occurring.

All of this land on the Fall River side owned by the town, owned by the city, owned by individuals, so we might be taking away some of their rights.

The roadside infiltration swales both west and east of the roadway should be considered.

The roadway running north and south is 35 feet in width.

East and west is 30 feet in width.

Town of Tiverton is asking for us to have at least 20 foot of paved surface, plus 1 foot Cape Cod berm, so 22.

By the time we have a shoulder on the side for safety, a drainage swale, and then try and regrade back to the adjacent grade, I think we're going to run out of room.

Again, we'd like to use that pervious system that we've designed.

If need be, we can do that.

We might go back to the original infiltration system instead of having seepage pits.

We could put a shallow stone trench or culverts or, you know, some sort of a stormwater device along the edges of the roadway.

Again, I still feel that the pervious system is adequate.

So, the use of porous asphalt specifically on greater than 2% slopes shall need to be discussed with the planning board.

So, we are— our maximum slope is 2.3%.

We have 1% where we meet the intersection.

So, the short portion of that roadway is 2.3%.

Normal standard, or maximum, is 5% for pervious asphalt.

So, I ask you to accept our stormwater pervious system.

The response to the existing way characterization is unsuitable.

Dan clarified that for us just a few minutes before.

So, Bullock's Lane is approximately 10 to 12 feet in width.

It's paved.

On the Tiverton side of it, the town maintains the road.

They plow the snow.

They pick up trash.

On the Fall River side, it does turn to gravel.

Trash collection is done by the city.

In fact, they use this portion of Spring Street as to turn around to come in and out.

Both Tiverton and Fall River have had a small section in here that was used for, like, a T-type turnaround.

So, it is being maintained.

Emergency calls are being handled.

We agree that it's not perfect, but it is a system that is working.

The Bolduc's Lane shall be improved to the same standard and shall be located within the right-of-way.

A small portion of Bolduc's Lane strays from the actual platted right-of-way, as you can see on the east side over here.

I think what's being requested is that Bolduc's be built to whatever we're ultimately end up with constructing here the 20-foot-wide paved surface up through here.

Again, this portion on the Fall River side is existing.

It certainly has adverse possession, if that's the right terminology, that it's It's there now.

I think our clients would prefer not to, but if we had to, we would consider improving that section of Bolduc's between Spring Street and the Timberton Line.

Ongoing maintenance responsibility of the proposed roadway and system of drainage is not been secured.

So, I think at the end of the day, both Fall River will want to see, as will Tiverton, some sort of a road owners association to maintain the road.

As a pervious driveway, or pervious roadway, it needs to be swept periodically to make sure that the fines don't get in the voids, so that it functions properly.

So, there will be documentation that will be put in place for that.

Dan indicated he will not recommend waiving the roadway monuments.

So, the reason that we asked for the waiver on that is my land surveyor is registered in Rhode Island.

He hasn't gotten his Massachusetts registration yet.

We can do that.

We'll get a Massachusetts surveyor to assist us.

And we'll set the monuments that you've requested.

And then the question was, has the approval from the Town of Tiburon Planning Board and Tiburon Fire Department been obtained?

So we have met with Tiburon, discussed the project with them.

They basically sent us to you and said, you know, get your blessing from Fall River, and then we will entertain your application.

So, they basically put us on hold until, hopefully, you folks can make a decision for us.

I'm happy to answer any questions you might have.

First and foremost, I'd like to have Dan just kind of do an overview.

We did receive these plans.

We did have some recommendations.

Of how to proceed with it.

But, it seems to me like you tried to address some of those questions within a day, but I don't even know if the city's engineering or site plan approval process or anything of that nature has been kind of gone through.

No, we haven't got anything back since these comments went out, which was only today.

But, just to hit on a couple of them, I don't think Although I'm not opposed to porous asphalt, it's not a surface that's really allowed by your regulations.

So a waiver of not being paved is something that we've got to deal with, the maintenance issue of it all.

I have a concern about porous asphalt does not capture and infiltrate all rainwater.

So there will be storm events where this water will now be channelized through this roadway section and run to the intersection of Bolduc.

And will most likely either puddle there, will continue on to another abutter's property, Mr. Bolduc, who owns the property across the street.

So I just want to make sure that if water is going to be making it to Bolduc, what's happening when it does hit Bolduc.

Some of the different creative ideas of how drainage can be handled here, I'd be more than willing to sit and meet with the engineer and the applicant to discuss some different ways of handling this.

It's not all that different from Monarch and Bach that we also have on tonight's agenda about ways of— and when I talk about utilizing the perpendicular right of ways, it's not for the storage.

It could be for— you could collect water in intervals upgradient with a set of catch basins and discharge them into a swale at some point in the intersecting streets.

To be a little bit more conventional within the right-of-way.

I don't think— we could do this exact same thing on another project that's also on tonight's agenda, but I don't see them here tonight.

So I think there are different ways of trying to wrap your head around what are we doing drainage-wise.

I don't think we can just count on porous asphalt, which has incredible maintenance responsibilities, to be the save-all here.

We use it in the City of Fall River more so not to trigger a lot coverage issue.

But as far as relying upon that for stormwater runoff, it's never happened, especially on a street.

So I do have some concerns about that.

So, I mean, it would be my recommendation that we could sit and have a conversation about it.

I would really like to know what Tiverton thinks about the 12-foot way of Bolduc Lane.

And extending from that and adding more homes to, to a 12-foot way.

So I would not, I would not— I mean, if at any point you wanted to consider a conditional approval, it should be based upon Tiverton's assessment of Bulldog Lane.

Just my— I've worked with all of these types of materials before.

We usually use them in parking lot areas or the main drive area because it does get salt, it does get plowed.

It does get— it has to be maintained.

The lots themselves, they use that for various material.

But, I think at this point, that there were a bunch of questions that I think it'd be a little unfair to— I would suggest that we table this particular matter until these questions are vetted out between the engineer and them.

Dan Aguiar, that is.

And then what we can come up with is, you know, what is the process?

We're the horse before the cart scenario, and then go back to the city, or the town of Tiverton, and say this is the direction that we would like it to be, and then figure out from that point.

But, you've done a significant amount of work here, On this.

I think there's just some pieces that we'll get there.

There's no, there's no doubt about it.

But one of the concerns, and I don't know if you watched last night's City Council meeting, but this has been going on for about 6 months.

Not an identical situation to this, but off of Aruta's Lane, which is just up off of Stafford Road, which feeds down into Greenleaf and Judge Street in the city of Fall River, we have a series of streets, Judge and Greenleaf, with about 20 residents on the South Wachusett Pond that is accessed by a laneway that runs through Aruta's Dairy Farm.

The homeowners in, in that development are now looking to the city of Fall River to maintain the 1 mile, over 5,000 linear feet of farm road that provides access to their property.

Um, so we're, we're in the middle of that right now.

So I want to make sure that this does not become that.

It's a little bit different here because we're dealing with the right-of-ways, and— but we want to get— and Tiverton turned their back on these people.

Sure.

I deal with this all the time, as you know.

And I, again, not only does it need to be communicated between the two, but there needs to be items in place legally binding that, you know, who's going to maintain it, who's going to do emergency response operations.

And again, I think at this point, I would recommend, we've heard this, I would recommend that we table this until the next meeting.

And hopefully between now and then, that you guys can come up with your given solutions.

And ultimately, we're going to inherit it.

Dan's going to inherit it.

The maintenance department's going to inherit whatever it might be.

And so, I think we need to have his blessing.

Because what will happen is once everybody in this room is gone, one of those homeowners will come to the City Council of Fall River and petition for these streets to become accepted streets where we maintain them, we plow them, we pick up trash, all things that we shouldn't be doing already, but we do.

And then homeowners become incredibly entitled that, no, you have to.

Well, no, there's a difference.

Are we legally bound to, or do we do it just to be good people?

So we want to make sure that all those items are addressed.

I'm available whatever time and date you want to meet as a group, as early as tomorrow, Friday.

So, I mean, I don't want this to go on another meeting.

I want to get this resolved.

And I honestly think a 30-minute conversation can get that resolved.

If you've got time tomorrow, Dan.

I do.

What time do you think is good for you?

I'll talk to Bill.

Bill's the busiest one out of all of us.

Well, maybe other than Arthur.

He's got to come up with solutions, answers, and get them back to you.

Tomorrow is Would Friday work better?

Friday could.

I have a— currently I have a 9 and a 10, but other than that I can be available on Friday.

1 o'clock?

You're killing me on a Friday, but that's fine.

No, for you, I'll be here at 1.

11 would be better.

Yeah.

Can I— again, but what you both said, I agree.

And again, number 5, the ongoing maintenance, maybe the developer will consider turning the street over to the town of Tiverton.

At least that would be one less headache to 20 years from now.

Yeah, Tiverton will never accept this.

They won't take up that road in Massachusetts.

They never will.

Yeah, different standards.

And it's not— how long is Bolduc now, linear footage, out to Crandall?

Oh boy, that's just rough.

But at least, at least the maintenance, about 1,000 feet.

And that, and that's, that's private as well, right?

They're actually plowing and maintaining it.

That again, we'll go back to my comment, 30 visits.

Just because they do it doesn't mean it's their responsibility or their street.

Is it an accepted street in Tiverton?

An accepted way?

I have to fight that argument with the council.

I believe the Tiverton police chief lives on Bulldog, so— oh, there you go.

So for now, we're okay, right?

But no, but if the board does— but if the board does want to, you know, I don't want you to rush and act on it tonight and not be favorable.

So if you want to request that the matter be tabled, I'll make sure that I'm available to— I'm not comfortable.

I think there's too much outstanding.

I think it can be worked out, no problem.

Okay.

But I don't know.

I'm not— Orlinda, Beth, I don't know.

What are you guys thinking?

I'm agreeing with you.

It's a little bit of a nonce.

Yeah.

I mean, this feedback is great, Dan, but I think you have an opportunity to address all the issues.

Should be okay.

Yeah.

Isn't that why they are having a meeting on Friday at 11?

Yep.

To discuss.

Yeah.

Can I have someone motion to table?

Make a motion we table this to the next meeting in October.

Second.

Second.

Roll call, please.

Yes.

Yes.

Yes.

Friday at 11.

Mr. Chairman, is there anybody in the audience that had any comments so that we could— Is there?

Yeah, I apologize.

Is there anybody in the would like to make a comment at this point?

Usually we wait till the end, but that's okay.

Why don't we do this right after your presentation?

Is there anybody here that would like to speak for or against the project, or even our decision?

Just wanted to— we do.

We know everybody and what they're here for.

Yeah.

Thank you.

Thank you.

Thank you.

We'll see you guys on Friday.

Thank you.

Appreciate it.

5 of them will leave.

Thank you very much.

Thank you.

Thank you.

Thanks again, Bill.

Thank you.

Okay, for old business item number 2, which is the roadway reconstruction vacant wooded lot off of Bark Street, Norwood Street, and Larnach Street, Section 66-1.

185 City Ordinance considering the roadway reconstruction application for the vacant wood lots off Clark Street, Norwood Street, and Monarch Street.

Dan, can you give us an overview of this, please?

So after the last meeting, if you recall, we had— didn't— Alex didn't give much of a presentation because he was in the process of revising plans with our initial comments.

He sent back in what I would consider a draft conceptual plan and the ideas that he wanted to implement, not a full set of drawings that could be technically reviewed and comments provided.

We had sent a copy of that to DCU just for their initial comments.

We have not received them back.

I can tell you what he did submit wasn't sufficient to me in the proper direction, so I've asked them to similarly, as the last project, sit down, let's discuss how we can move forward in an expeditious way and make sure that we have all I's dotted and T's crossed engineering-wise before you're asked to act on that.

So with that, the applicant's actually not here this evening, and I would recommend that we table the matter until they can provide a complete set of plans that can be reviewed.

Okay, so I would make the recommendation— I do, we do have one neighbor here.

Do you have any other questions you want to add?

So again, before the next meeting, if you want to call even before, we'll let you know, is anything submitted?

Are we even close?

Just so you don't have to come out again.

Okay.

Just a question for you.

Would it be advantageous if you wanted to speak upon this, either for or against it?

And so perhaps whoever is watching this could perhaps maybe try to address whatever concerns you have.

No, we did last month.

My husband spoke last month.

Yeah, do whatever you want.

Okay.

All right.

With that, then could I have a motion to table this until the next meeting?

I'll motion to table until the next meeting.

I'll second.

Orlando second.

Roll call.

Beth?

Yes.

Gloria?

Yes.

Orlando?

Yes.

And Michael Ferris?

Yes.

We'll table it to the next meeting.

Item number 3 under old business.

We have the King Phillips Estate subdivision, Princeton Circle, request to release lot 1 through 14 in exchange of a letter of credit from Bay Coast Bank.

Do we have anybody here in the audience to speak about?

Yes, Sean Ainsworth from Insight Engineering.

Introduce yourself.

Robert Kofori, the owner.

Very good.

Dan, could you give us an overview?

Sure.

So Mr. Cafari and his consultants submitted an interim roadway as-built a few weeks ago.

It has been through review through the Department of Community Utilities and mine as well.

It was not intended to be a final construction as-built.

It's for the purpose of reviewing what's been constructed, what still needs to be constructed, so that an estimate can be prepared so that Mr. Cafari's bank could provide a letter of credit to cover the costs of those items in order for us to release the original covenant for the subdivision, which precludes Mr. Cafori from selling any of the lots in the subdivision until either the roadways are complete or until surety is posted.

So the mechanism that we're at now is, after review, we've recommended a letter of surety in the amount of $200,000 with— I've itemized the outstanding items, which I had given to Mr. Cafori.

He, in turn, gave to his bank.

That would be the work that still needs to be cleaned up to determine that the subdivision is 100% complete.

In your package, you will have a letter of credit, irrevocable letter of credit from Bay Coast Bank in the sum of $200,000.

It goes through all of the rigmarole of what it covers and what its intention is, which is standard for what this planning board has received in approved in the past.

With that, you will also see from Attorney Mark Levin is a release of the covenant that had previously been recorded.

I know there's a bunch of documents in your package.

We wanted to make sure that you did have everything from the original subdivision decision, copies of the recorded plans, copy of all of the easements.

All of these items have been reviewed by my office as well as Department of Community Utilities to make sure that they were all done in accordance with the approval of this board back in 2019.

So if you have any questions, I'd be more than glad to answer them.

But with what we're— where we're at now, I would recommend that we accept the letter of surety and release the covenant.

So this is, in reality, this is just kind of preliminary plans, pretty well in advanced in order to show the cost to your bank, your lender.

Will you— a couple questions for you, Dan.

Will these become public roads at any point in this development or this process?

The applicant, the applicant or 10 registered voters have the ability to petition for these to become accepted.

So once this, once this is completed, at that point, the applicant has the ability to petition the city through the City Council for acceptance.

It's not just an automatic thing.

When subdivisions get completely constructed, and even if they're constructed to 110% of what they were supposed to, fantastic.

But there is a process for them to become city streets.

That's a separate process.

That, that's why you'll see them come back to you for recommendation.

Once the City Council process begins, then we have to review it.

And say, yeah, so it starts here.

We say everything's been done fine.

Then the applicant, maybe a few months later, goes through the city council process, comes back to us.

They want to make sure that you're okay with it, and then it goes through the rest of the process.

Okay.

And then the other question I had— I did review all of this before I came here— and, um, the $200,000, is that what you think the cost is for the full construction, or is that just part of the That is the cost of complete construction, 100%.

And that complete construction is up to— if we were to take over the city, if the city were to take over this road at some point down the line, that you feel like there's— it's— they have addressed the design guidelines and criteria that are needed.

So 2 different issues.

When you say if the city were ever to take over the road, Well, the standards of where— what they're proposing here, would they meet the standards of the city in your review?

Well, these standards are based upon the subdivision plans that were approved by this board.

There are a couple of items that were not completed yet because the subdivision is not complete.

Sure.

So this is what it would— this is what it would cost for Mr. Caffori to complete the subdivision construction.

The letter of surety gives us surety that if Mr. Caffore defaults, leaves and defaults on the remaining work, we have the ability for the bank to provide us the funds of $200,000 to complete these items in the subdivision.

That's what the process is.

Can I say something?

Sure.

I just want to clarify that the subdivision roadway sewer line, water line, gas line has been installed, and the roadway has been paved.

The only significant thing that needs to be done is paving the second coat in the entire subdivision.

That's a big item.

That's $75,000.

Yes.

The rest of it— there are a few other things too.

I mean, some of the drainage needs to be— they have this list.

Yeah, yeah.

So the subdivision is built is what I'm trying to say, and there's 2 houses building this subdivision.

And if I'm not mistaken too, I'm sure that Dan added the 20% above.

So basically the price to finish the road wouldn't be $200,000.

I mean, there's a 20% contingency in there, obviously, for interest rates and so on and so forth, and material costs, whatever.

And I have a heavy pen when it comes to that.

And he does have a heavy pen.

I reviewed the estimate.

The estimate itself was kind of heavy in my mind, but no, Bob accepted it.

And yeah, well, God knows we're accepting it because our intention is to finish the road and do a beautiful subdivision.

That's the end result, and build beautiful homes.

Yeah, that's what we're after.

So the $200,000, a little heavy, but if we're willing to do the work according to the city standard, we're fine.

And once— just like we have in other subdivisions— once a portion of this work gets done Mr. Cafuri can come back in and ask for an amended letter of credit.

He comes in and he's done everything but $20,000 worth of work, then we can release it.

The bank provides us the funds to complete what's ready to complete.

So along the way, there are— there is the ability to reduce this, this amount of money.

Part of these questions that I do ask is less for us and more about the general public when we do these things.

Of course.

And so that's why I'm making sure that— but one more thing I want to mention.

The city requires to hire a consultant that we pay for, that supervises every aspect of the road being constructed.

Sewer line, they provide pictures, reports, water lines, so on and so forth.

So it's, it's an extensive thing, and that's how the city protects their interest of what we're doing.

Thank you.

So I appreciate that.

No problem.

Everything that's been done to date has been done correctly.

I am.

Well, with that being said, I think we should approve, approve this, but I can't make a comment, Chair.

I just want to say, Mr. Kefori, you've done a lot of development in the city, and of course I know you want a development that looks good.

Thank you.

You know, so thank you.

I have all the confidence in the world.

Then again, the 20% that is added doesn't get done within 5 years, those costs may increase.

So thank you, Dan.

Oh, that's one you'll get emailed.

Yeah.

So I make a motion that we accept the letter of credit and we release the covenants, lots 1 through 14.

Do I have a second?

I'll second that.

Roll call.

Beth?

Yes.

Gloria?

Yes.

Orlando?

Yes.

And I, Michael Canarias?

Yes.

Thank you.

I'll present the board with an original letter of credit.

Okay, good.

Signed by me.

Only because the, um, the covenant release requires, uh, notary.

So give me a day or so to get everybody in with the clerk to be able to sign these things on people's availability.

As soon as I get it, I'm closing on Monday.

That's okay.

Okay, only— there's only Mike needs to sign, right?

Well, the way that Attorney Levin wrote it, I know, I saw it says the majority of the planning board.

If you want to edit that and say Yeah, because he has— I believe he has notice of records that he could sign for all of us.

I, I don't disagree, and that's why on subdivision plans and everything else, the chairman signature is okay.

I just don't want this to go back to the bank signed, or this release, or to the registry, and the registry comes back and says to us, you need the majority, because that's what Attorney Levin wrote.

Because I can notarize the signature and stamp it tomorrow, but Well, okay, that would be great.

You can do everybody's signature if you want and stamp it tomorrow.

1, 2, 3.

I could do 3 of them.

Okay, great.

Okay, that's fine.

Um, yeah, we only need 3.

Yeah, that's fine.

Perfect.

That'd be great.

All right, perfect.

Thank you.

See that?

Thank you, everybody.

I'll probably end up giving it to, uh, Dan in the office.

Thank you very much.

Yeah, we have to give that to the treasurer, so that's good.

Thank you.

Nice to see you.

Don't lose it.

We have nobody in the audience or here to speak against or for the project.

So with that, we will say thank you very much for bringing this to us.

Thank you so much.

Thank you.

Thank you.

Thank you.

You're welcome.

Thank you.

The fourth old business we have is Highland Woods subdivision request for full release of posted surety and therefore return of the original letter of credit on file with the City of Fall River.

Dan?

The review of that final as-built and construction has not been completed by the Department of Community Utilities or myself, so we'll have to kick that one down until, until we're ready for it.

So may I have a motion Motion to table this for the next meeting.

Motion to table.

Yeah, you can just leave it till the next meeting.

Second.

I second.

Roll call.

Beth?

Yes.

Gloria?

Yes.

Yes.

Orlando?

And Michael Perez?

Yes.

Okay, that was— for new business, we have a Form A Application for endorsement of plan believed not to require approval for an ANR plan of land, file number 26-1685.

The owner applicant, June Perry.

Property location, 311 Crescent Street.

Assessor's map lot C-07-0001.

Then So this is a subdivision of an existing parcel of land that's 17,270 square feet located at 311 Crescent Street.

It's an existing 3-family dwelling that's located at the corner of Crescent and Valentine.

What this plan does is it subdivides Lot 2, which is frontage along Valentine Street, upwards of the existing home at 311.

This parcel did need to get zoning relief.

From the Zoning Board of Appeals, which it did.

That decision was recorded at the Registry of Deeds.

Notation of that is on the plan, and I believe that decision was also forwarded to all of you as well.

The plan has been in accord— has been designed and submitted in accordance with what was provided and approved through the Zoning Board of Appeals.

So with that, I would recommend that endorsement is allowed.

I just had one question, Dan.

Sure.

I believe on the zoning, um, they were identifying the frontage for lot number 2 as Crescent Street.

Would it not be Valentine Street?

On the zoning decision?

Yeah, I believe it was the zoning.

Creating a new lot.

You're correct.

It does say on Crescent Street.

That's right.

Yeah, it wasn't.

That should be Valentine.

That's the only thing that I have.

I wonder if they can write a scribner's error affidavit to fix that.

You can.

I can go to the.

I'll go to the registry and see if they'll accept that.

Yeah, whoever drafted this could just probably.

Well, what happens is it comes.

The attorney that submits.

Yeah, in this case, I don't think it was an attorney.

I think it was Jeff Tallman.

So whatever they submit for requested relief is what it has to be.

We can't change that, right?

So when we read it, we did not pick up on that it was Crescent, or I did not, um, and that should read Valentine.

But we can work towards resolving it.

Hopefully it was an attorney.

You sure it was not an attorney?

No, it wasn't.

Okay, because if you see, well, usually on there, I want to say it was, uh, I want to say it was Jeff Tallman did this on his own.

Okay, because it's just a typo.

He just made a mistake.

Yeah, yeah, again, right.

But the typo carried over onto our paperwork, which you're— which you're right.

So the— so that myself and the 3 people that reviewed this after me didn't catch it either.

So it happens.

Mike, you're sharp.

Sharp.

Yeah, fixing it afterwards.

But I just want— that was the only thing that I had a comment.

Everything else, pretty much pretty straightforward.

So how do you approach— how do you approve this?

Or do you have this, you know, stipulation where that needs to be changed?

How would you want to work that?

I can't make the motion.

I'm just making the observation somebody else has to make the motion, um, as chair.

So what's the— legally, what would you think?

I would go to the attorney for a scriptural error affidavit.

Dan, what do you think in this situation considering who's the engineer?

I don't— well, it wasn't— it doesn't matter if it was the engineer.

It was— it's ours.

My recommendation is that we endorse the plan and we can work towards getting the decision if— yeah, I'm sure the developers are going to want fixed right away so you could sell it.

I doubt it.

Yeah.

No one else is going to pick it up.

I'll guarantee it.

But we'll— very good chance you're right.

I will work towards getting it resolved.

Yeah.

I just don't want to kick the can down the road.

And all of a sudden, why didn't you do what we noticed it?

But as long as we have some caveat said in the statement, we approve it.

Well, the variance plan Yeah, that this is based upon.

Yeah, shows the 75 feet of frontage on Valentine Street.

It does, but right, but it does— it's the, the, the, the written part of it in the decision says Crescent, right?

But wait a minute, normally it says— and I don't know if that's the case, it's just a small error.

No, no, if I was going to buy the land I found out that my front— so, so as it relates to item 1, a variance request, a motion was made by Mr. Sahadi and seconded by Mr. Kelly to grant the variance request in accordance with the plan of record, and that the driveways be shown shall be entirely impervious.

So the first section is what they requested.

The vote approves it in accordance with the approved plan which shows 75 feet of Valentine Street.

So to make an argument, it wasn't for number 1, it was— well, again, item 1 is the request for a variance.

The vote specifically references the plan of record.

So item 1 doesn't say that we're granting what item 1 is.

No.

In, in my many years of experience in this, it's not something that I would be bothered about.

But we can still move forward with getting— normally what we'll do in a situation like this is actually correct or even provide a corrected decision and get it recorded.

As far as an endorsement for the ANR and the recording of that plan, I see no reason why that couldn't proceed.

I'll motion to endorse.

I'll second the motion.

Yes.

Gloria?

Yes.

Yes.

Yes.

And Michael Perez?

Yes.

With, I guess, the condition that we get things.

All right, thank you.

Item number Number 6, or actually number 5 of the new business is proposed 2027 planning board meeting schedule review considerations and proposed planning board meetings dates for the calendar year of 2027.

So these are all based upon, again, being the second Wednesday of every month unless a holiday kicks things over.

But, as you know, at any time during the year, if we have an issue with not being able to provide a quorum, we're flexible.

We normally don't have items on the agenda that require public notification or legal advertisement.

We're just dealing with A&R plans.

So, if any time you want to schedule a vacation, or you come up with something, just let us know as soon as you can.

And, if we need to change the date of a meeting, we can do that.

But, we are required to submit this to, to the clerk's office just to have on file so they can reserve the room.

You wouldn't believe what it's like trying to get this room when you want to change the date.

That's right.

Yeah.

So, okay.

Is everybody okay with setting it how we've been doing it?

Yes.

So can I have a motion to approve?

Motion be scheduled for 2027 for the planning board meetings.

I second the motion.

Roll call.

Beth?

Yes.

Gloria?

Yes.

Orlando?

Yes.

And Michael Ferris?

Yes.

Item number 6, approve meeting minutes from August 12, 2026.

If you need a moment to read through them, give me a minute.

Do I have a motion to approve the meeting minutes for August 12th, 2018?

A motion to approve the meetings— I mean, the meetings— the minutes from the last meeting.

I approve all the meetings.

I second the motion.

All right, roll the call, please.

Beth?

Yes.

Gloria?

Yes.

Orlando?

Yes.

And Michael Ferris?

Yes.

Item number 7, citizens input, 3 minutes per citizen.

We've had people speak on associated with projects already.

We have nobody in the audience.

So with that, can I get approval for citizens' input and close?

Make a motion to close citizens' input.

I second.

Beth, we have to have a roll call, please.

Yes.

Gloria?

Yes.

Orlando?

Yes.

And Michael Farage?

Yes.

Can I make a motion to adjourn?

Motion to adjourn.

And a second?

Second.

Yes.

Gloria?

Yes.

Orlando?

Yes.

Thank you very much.

Thank you all.

Have a great night.

You also.