10.8.2025 Planning Board

All right. Like to welcome everyone to the uh Wednesday, October 8, 2025 meeting of the Fall River Planning Board. Pursuant to the open meeting by law, uh 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 as such recordings or transmissions are being made, whether perceived or unpersceived 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's a signup sheet that is located at the back of the room.

Uh we have Craig Salvador from Ford River Government TV. In the back we have Dan Aguard, the city engineer with us.

We have Patty Aguiard, the administrative clerk with us. Um, we have Courtney Maderas, the planning clerk.

Oh, what' I say?

Madas.

Oh, Pereira. I'm looking right at it.

And Chris Lec, the assistant planner.

Uh, do a roll call. Gloria, present.

Beth Andre, not here yet. Mario Luciola, not here today. Mike Faras present and I John Ferm present as well.

Uh under new business we are item number one we have a street acceptance Brookfield Terrace request acceptance of Brookfield Terrace extending from Hayfield Lane to Courtney Street referred by city council on August 12th, 2025. Chris Brookfield Terrace is within the Highland Farms 2 subdivision. Um, in fact, all three of the street acceptances we have on the um agenda today are in the Highland Farm subdivision. It

appears the work has been completed.

However, we are waiting for final sign off from the director of community utilities and therefore we would recommend that the matter be tabled until sign off has been provided and the acceptance of the way and utilities is recommended as well.

So that's the street acceptance uh all three of them Fieldstone Lane, Stony Brook Circle and Brookfield Terrace.

Correct.

Do I have a motion to table these three items?

I motion to table these three items by Michael.

I second. Second by Gloria.

All in favor?

I I oppose. None.

Again Gloria.

All right. Number four, road reconstruction, Bronson Street, section 66-185, city ordinance considering the roadway reconstruction plan and profile of Bronson Street.

Chris. So the roadway construction for Bronson Street upon review of the submitted asbuilt plan and subsequent site inspections. It is in the opinion of the director of engineering and planning as well as the director of community utilities that the work is not complete and final sign off should be withheld. It is recommended that we table this matter as well.

Okay. Do I have a motion to table this one?

I motion we table the road reconstruction for Bronson Street.

Motion by Gloria. Second.

I second the motion by Mike. All in favor? I I I opposed none. All right. Number five, form a application for endorsement of plan believed not to require approval and our plan of land. File number 25-1639.

Owner applicant 1301 for River Holdings LLC. Property location 283 and 289 Fifth Street. Assessor's map 1-15 lot 46.

What do you have there, Chris?

So, the purpose of this plan is to divide the property into two lots. Lot one will be um 289 Fifth Street, Fifth Street, a 3,69T lot with 15.04 ft of frontage. Lot two will be 283 Fifth Street, a 3573 square foot lot with 40 ft of frontage on Fifth Street. This decision, excuse me, this division is subject to a special permit granted by the Fall River Zoning Board of Appeals and therefore recommend that this plan

should be awarded endorsement.

Okay. Any uh questions from the board members on this one?

Do we It's a subdivision. I'm assuming it's basically the frontage that's going to have to be um required of a zoning variance be frontage and area I believe for this. Um this is one of the 86423b filings where they're allowed to subdivide when they have two existing residential properties that were located on the lot prior to subdivision control law being 1953. So they appear before the zoning

board of appeals and they do the best they can to subdivide the lots and create them as equally as possible.

Okay. Thank you.

All right. Do I have a motion on uh on this uh form? A motion to approve.

I second the motion.

All in favor?

I opposed. None.

All right.

Number six, form a application for endorsement of plan believed not to require approval and our plan of land.

File number 25-1640.

Owner applicant 2573 South Main Street LLC. Property location 2573 South Main and 2589 South Main.

Assesses map B-1 01 B-01 lots 09 and 10.

What do you got here Chris? So this plan here we are going to divide the two lots into five lots. Each lot will have um specific frontage and designated usage for residential dwellings including two family and three family homes. Lot one, 6,633 ft with 53.1 ft of frontage on which the two family dwelling at 2573 South Main Street will be located.

Lot two, 9,91 ft with 10 ft of frontage. Lot 3, 11, 219 square ft with 10 ft of frontage.

Lot four 8,336 square feet with 10 feet of frontage and lot five 19 square ft um with 51.63 63 ft of frontage which the existing three family dwelling at 2589 South Plain Street will be located.

Um lot two is intended to be a three family dwelling. Lot three is intended to be a two family dwelling and lot four is intended to be a three family dwelling. This property received a variance from the zoning board um allowing the division of the property as shown on the plan in front of you. Therefore again we recommend that this plan should be awarded endorsement.

What looks crazy on this is all of the easements um which is the majority of the line work because there is actually a shared common driveway that will access lots two, three and four.

So that that common driveway though, how long is that driveway or reason I say that is how are how are um emergency vehicles going to there's um you got the hammerhead at the end.

Hammerhead at the end. You see that the easement goes to the right and to the left of each.

Okay. And through site plan review, we send it to the fire department.

That's the first thing I look for to ensure that they have the proper access. That was a question before the zoning board of appeals as well.

Okay. And then I'm I'm assuming utilities, fire hydrants, and that type of stuff.

It's all common. Yeah. That all gets it that all gets built out as a it'll end up being a singular condominium development. The zoning district only allowed for um three unit buildings. So this is a way of basically increasing the density without having 12 multif family dwellings on one single wall that would require additional relief. So this was to minimize the relief. So really the only thing being sought.

Okay.

Any other questions? Gloria. No, I saw that the variance was there, but um there's an So, there's a deed of reference on top on the two blocks and then on plan note number one um I'm sorry, number two, it's an erroneous uh deed and book reference. Could you guys just double check that? So, the plan read it to me was So, under plan notes section two, the deed is incorrectly notes deed book

11715 page 110. That's incorrect. The proper deed references are on top where it says partial summary not in the parcel summary.

Yeah, but you'd hate to record something with everyone info. So going forward, we could just catch that. Maybe Courtney, does someone do that? Someone check that out.

We we all go through it. I go through it. Um Chris goes through it again as well. But um all these plans were revised and resubmitted as well. So we'll take a look at that now.

So yeah, number two is incorrect.

Thank you.

All right. other than the adjustment on number two uh recording numbers. Any other questions?

Do I have a motion?

I'll make a motion we endorse the claim.

Do I have a second? A second motion.

First by Gloria, second by Michael. All in favor?

I oppose. None.

Item number seven, form a application for endorsement of plan believed not to require approval and our plan of land. File number 25-1641.

Owner applicant Martr C. Melo. Property location 321 Lake Avenue. Assesses map D-21, lot 39 and 51.

But this plan uh the purpose of this plan here is to convey parcel B from lot 51 to lot 39 resulting in what you see lot 51R and 39R.

Um 39R becomes a 10,000 foot lot um with 10 with 100 ft of frontage on both Lake and Swan Street.

Lot 39, right?

Yes, if I misspoke. Excuse me. Lot 39.

This property was subject to a variance granted by the Forever Zoning Board of Appeals in April.

And therefore, I recommend we um award endorsement plan.

All right. These streets bring me back to days to the days when I was in Somerset Swan Lake.

You don't even recognize that in the city.

As far south as you can get, right?

Yeah. This has been in front of us a while ago. And I think there's like a garage.

Correct.

Yeah. An automotive.

So basically, they're just trying to not take that part of the building down, reform the the property line.

Yeah. So the whole garage is coming down and they will be building a single family home on 51R on 51R. Okay.

So while they were doing that work common ownership, so the homeowner at the single family house wanted to square off that that lot and that little jog served no purpose for the construction of the single family house. So that's why the bearings was granted.

Gotcha.

So So the little jog portion of it, that's what it was existing.

Yeah. And they were just going straight to the job went around the garage building.

And now since they were knocking the garage down, they could square off.

Is that what they went with the variance originally way back when?

Remember they came in front of us about a year ago?

23 there was a variance.

Was it? Yeah.

In 23 it was it was of similar nature.

Yeah, this was in front of us. I didn't know whether they put that in. Now they're It's fine. It's It cleans it up and they can build a single. So with that, I make a motion to approve.

Gloria, any questions?

I second my motion.

Okay, Mike.

Lauria, all in favor?

I I opposed. None.

Item number eight, form a application for endorsement of plan believed not to require approval and our plan of land.

File number 25-1642 owner applicant the Sardina irrevocable trust. Property location 992 Pine Street and 206 and 218 Plain Street. Ces Map M-08, lot 40.

All right, you got crutch.

So, the purpose of this plan is to divide the property into three lots.

This is another 423B.

I know the property.

Um, we have lot one, 4,231 ft with 53.36 ft of frontage on Plain Street. Lot two, 52 ft with 54t of frontage on Plain Street.

And then lot three, 2258 square feet with 41.9 ft of frontage on Pine Street.

This property received a special permit in the following res of appeals and therefore we recommend this plan uh be afforded endorsement.

Lot three on the left. What's the uh that property line right on the building?

No, that's easement line.

The dock the boulder line is the uh is the property line.

The dash line is the easement line, right?

So, just a question. They have a an existing one stall garage um between lot one and lot two and three.

Yep.

Is there some type of an easement? So, that's what that proposed access easement is that you see labeled there.

So, that gives the owner of lot one the ability to cross over lot two and three to access that garage.

Okay.

Any other questions? Mr.

Chairman, I know it was always a pet peeve of yours with these.

This is it. And I know the buildings very well. I grew up, too, as though um some of the conditions that the zoning board has been putting on on these to try to eliminate some of the issues. You'll see how they've required that all of the property corners get set with permanent survey markers um before they can even submit the subdivision plan. And that's why they're shown here now. So when someone

buys one of these, it's much easier for them to understand and see on the ground what they're actually buying.

So we've we always have trouble when when you get an easement like that. He's driving to his garage. We had it on I think it's Forest Street. Same thing.

Any comments, Gloria Mike?

No.

Do I have a motion?

Make a motion to endorse the plan.

A second.

Second by Mike. All in favor?

I.

I as well. Mike I. Uh, anybody any against? None.

Next item. Form a application for endorsement of plan believed not to require approval in our plan of land file number 25-1643 owner applicant the estate of Augustino Gagliardi property location 253 Bailey Street Cessors Map A-11 lot 25.

So this is this plan um is intended to divide the property into two lots.

Lot one is conforming 10,55 ft² with 100 ft of frontage um which will retain the existing single family dwelling 253 Bailey Street. Lot two is also a conforming 10,000 square foot with um with 100 ft of frontage on Bailey Street. This property is not subject to a zoning board of appeals decision and it is not suitable for recording at the registry um because this is land court land and

the division requires a petition and approval from the Massachusetts land court.

So what this does is when when you subdivide a piece of land that's registered land, we have to first endorse an ANR plan and then that plan gets sent to the land court so it doesn't get recorded at the registry. So we want to make sure we have made that they added that note to this plan so that a landowner doesn't take this and try to go to the registry and have it

recorded because they're going to tell them no that that can't happen. We have to take the registry block off as well.

So purpose of this plan is so that they can send the approval to the land court and then they'll go through the land court subdivision process.

Well, this is my idea of a subdivision.

Yeah.

Even even lot two would actually be long before they come in with lot of feed.

Uh yeah, the the one court needs in order to do the new meets and bounds.

Yeah.

Any other questions on this one? Do I have a motion?

I make a motion to endorse the plan.

Second.

Michael.

All in favor?

I I oppose.

None.

Minutes of the meeting. We'll have to table the minutes of the meeting from September 10th, 2025 because Michael wasn't here last month. Uh and uh Beth is not Beth isn't here. So, we'll table that. I don't believe we have any citizens input.

So, do I have a motion to adjurnn?

I have a motion to adjurnn. Mike, I second.

And Gloria, all in favor? I I opposed.

Good night, everyone. Good night.