4.17.2025 Zoning Board of Appeals

Good evening. I am Joseph Barrera, chairman of the zoning board of appeals for the city of Fall River. It is 6 PM on Thursday, April 17th, 2025. We are meeting at one government center in the first floor hearing room. Person to Mass General Law Chapter 30A section 20 subsection F. I hereby notify all persons in attendance that this meeting is being recorded in a video and audio

version by Fall River Government TV, Mr.

Craig Salvador. If anybody here wishes to make an audio video accommodation recording of this meeting, please notify me now and I will make a public announcement of your intention. You're hearing none. Uh recording secretary this evening is Patty Aguia sitting to my immediate right. Present this evening are permanent members Mr. John Frank our vice chairman Mr. James Caulkins our uh clerk uh Mr.

Dan Dupair and alternate member in attendance tonight is uh Alexis Almo.

Also with us uh sitting to my far left is the director of engineering and planning, Mr. Dan Aguiar. Patty, have all the petitions to be considered been properly advertised on all interested persons notified in accordance with the rules and regulations of the ZBA and Mass General Law Chapter 4A is amended. Yes. I declare the April 17th, 2025 regularly scheduled meeting of the ZBA 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 petitioners, abutters, anyone in support or anyone opposed to a petition via 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 claims. 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 a zoning board of appeals. As such, the board's authority exists pursuant to Massachusetts General Law Chapter 48 and is limited in scope and deals with the use of land regulated by chapter 86 of

the ordinances of the city of Fall River. Additional permits, licenses, reviews, andor government approvals may be required for the specific development which is the subject of the petition before the zoning board this evening.

The action taken by this board has a real and lasting effect upon the title to your real estate. I urge all petitioners to seek legal competent coun competent legal counsel before filing your petition and after the decision has been made. A copy of the city 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

official. You are here this evening because the building inspector has determined that your proposed action is contrary to the city of Fall River zoning ordinances. The city charter section 9-18 mandates that all multiple member bodies develop and adopt rules or policies for public comment. We have adopted such a policy which in short provides for citizen input on zoning board specific matters at the end of the

meeting. If you wish to make any comment, there's a signup sheet on the table just outside the uh the back door.

I disclose that an official copy of the city of Fall River zoning ordinance is available at the city clerk's office and that one cannot de rely on the online ordinance and we begin. There is no old business tonight, so we go directly to new business. Item number one, the applicant is Kyra Okonnell, care of attorney uh Jeffrey P. Maderas, 284 River Street, map X1, lot 16. The applicant is requesting a special permit

to allow the following. One, to operate a seasonal uh bar, entertainment, event, and uh space serving alcohol and providing food via food trucks and licensed vendors.

The proposed use uses would be in addition to the existing commercial boatyard storage facility. The property is located within a CMD commercial mill district. Good evening. Good evening members of the board. Mr. Chairman, my name is Jeffrey Maderas. I'm an attorney here in the city of Flor River with the law office of Burke, Espanola, and Vanc.

I'm here to present the petition that is on the screen behind you as well has been uh provided to the ZBA. Um it is the property is located in a commercial manufacturing district. Um according to the zoning ordinances if we wanted to put a restaurant there if it was a fixed structure we would have no problem doing it. However, um based on the fact that there is boat storage there, which um is

approximately 6 to 7 months a year uh to utilize the space, we can't put a fixed restaurant there. So, the next best thing is a food truck and seasonal um entertainment venue. So, after discussing this with the um building inspector, um we thought the best way to go would be to apply for a special permit. Um the reason why it's a special permit is because one, there's no fixed structure

there. So, we think we're going to do food trucks or um a movable uh food preparation area as well as uh outside entertainment and um liquor storage. The zoning ordinance um allows a bar in the CMD district. Um that's why we applied for the special permit. The usage of uh the property as an entertainment facility or a seasonal um alcohol selling establishment wouldn't be detrimental or offensive to the

neighborhood. Um this is a way that the property owner can utilize the lodge space after the boats are moved. Um they would be uh using this as the event space probably from um mid to late May after all the boats are in the water and then it would cease being used once the boats start getting pulled out which would be mid to late October. Um so therefore uh we would ask that you rule

favorably upon this petition or if there's any questions that I can ask.

Yeah, let me let me begin with this one regarding uh your basis for the special permit. So your contention then is that since within the CMD zone a restaurant could be allowed a restaurant bricks and mortar. That is correct.

So that's you're relying on that section of the bylaw, the use var the use table as far as that is correct and I went over that with the building inspector.

I'm going to turn to you in a minute. We should probably run through most of these questions, right? Yep. Um yeah, I want No, you know what? Let's talk about exactly that if you don't mind, Dan. So, normally we'll get specifically what section of the bylaw you're asking the board to act through under under the special permit section.

Um, and then right under the under the table of uses, which category via special permit are you pointing to? Is it restaurant? No. Because if it's restaurant, then that's allowed because you said restaurant. But it's so the thing is is after the discussion with Mr. pathway figured since it's not going to be a fixed structure because of the boats and it's so it's primarily going to be alcohol serving with um it was

going to be in a trailer so somewhat like if you've been to Cisco Brewers I per I've been there before where they have the um the the metal uh storage containers it's going to be on the same idea that's what it basically is but then we want to all offer bars, seasonal music. So that and the food would be not prepared by uh Miss Okonnell. It would be by a food

truck. So the food truck could be anywhere else. So that's why he pushed this down to bar um because food is not prepared on Right. That's so if if you're pointing to the bar category which is allowed by a special permit.

That is correct. It clearly states but which is not licensed to prepare or serve food. Right. So, so is it bar that you where you're not serving food or is I don't So that's that's we're going to need clarification about what you're asking the board to act on. So So tech we would prefer that it's a special permit as like a bar, a seasonal bar, right? But that's but you have to get clarification from the zoning

enforcement officer with what section you're here for so that we can act appropriately because there there may be uses here that we don't even need to discuss it. They're just allowed by right. That's so we're trying to limit the amount of relief needed or denied or granted by this board. So we're going to have to get that that part of it cleared out. I'm not even sure if having the

food trucks there as vigilers who are licensed Yep. I'm not even sure you need to be permitted for that. Right. I don't I don't know either. So I I don't What happens is sometimes sometimes the building department here gives a denial based upon the information that's submitted. Um I just want to make sure that what we're acting on is accurate because this is substantial because if

food truck doesn't even appear at the site, we still want to be able to serve alcohol. So that's why Mr. Hathaway said if that's the case, you would fall under the bar category.

Well, you've got to pick a category. You can't just say, "Today I want to operate under this category. Tomorrow I want to operate under this one." So, if there are multiple sections of relief that are needed, multiple sections of relief need to be required. So, Connell just said we wouldn't serve alcohol unless a food truck was there. So, they they want food trucks to be on site.

So, if so, if you can't get a food truck there, then you'll be serving no alcohol, right? Yes. Actually, we've actually also been approached by numerous people that uh would like to be the permanent food truck there seasonally. Okay. So, I don't think we would have that problem where we wouldn't have food there. We don't want We don't want to be the last stop. We don't want people just sit coming and

drinking. We won't have food. No, I I understand that. But so, we would not serve just alcohol. There was nothing.

But the the zoning enforcement official needs to be clear with what relief you're being here sent for, right?

Because when if this gets appealed or denied or approved, we have to make sure that everything is is done correctly. Of course. Um so I I think I think a further conversation with the building inspector needs to take place so that way his either his denial or your request is not so open-ended and fairly finite because when this board votes and if they do approve it, it will be condition laden and we want to make sure

that you can live with those conditions at the same time. So you don't want to leave and then find out we missed something and now I have to go back. So that's all I have to offer on on that part of it.

Anyway, not you can't do right

council. Oh, I mean that was kind of a question. I mean it's it's it's out there. So, as you go ahead as you just heard Mr. Colonel say that we want to serve food and alcohol at the same time.

So based on what conditions that you bring forth, if you uh are inclined to um go with the special permit, if you want to put a restriction that you know you have to serve some form of food, there have been food trucks that have already approached um Miss Okonnell uh and um can't disclose who it is, but it's right. But I don't I again I I'll read section E again. bar, saloon, or other

establishment where alcoholic beverages are sold and consumed, but which is not licensed to prepare or serve food. I just want to make sure that we can do both of these through a special permit and that a variance isn't needed. So, that's what we need clarification from from from the building inspector. I understand what what you're saying you want to do, but I want to make sure that

you're requesting the right relief and that the building inspector agrees because it's it's not very clear. I think and I'm I'm going to be the last guy to give out legal advice. Each of those victulars are lic licensed themselves.

Correct. So the the establishment the property is not licensed. Correct. The servers are coming on site. Correct. And I think that's their direction. That's where they go. Right. Yep. And could this fall under G, which is commercial recreational facility? It could. No, it could. But then you still have the alcohol. So including state and I looked at that. So when you look at G, G is not allowed by

a special permit. So that would require them to file for a variance. And that's what I'm saying. There are different sections in the ordinance that may require different types of relief. So we just want to get it right. Right. So, so if if relief from G is required, then we want to make sure that we're discussing and dealing with G. What was applied for on the application? Just a special

purpose. Just special, but it doesn't say under what under what aware. No, that's my hang up in in going forward. I mean we can we can go all the way through and get the whole presentation, but what we're missing is what we're voting on, and that's the point. And I'm sure that some of the folks that are here tonight are here for this. Um, so I'd like to hear it through, but we still

we're either going to have to I think the nuts and bolts can still be discussed. Yep.

um and then determine the best way to proceed, but I think the applicant should be afforded to know what what are the nuts and bolts concerns um that they'll need to address. So, the hearing is already opened. Um yeah, it's open, so we may as well go. The season, let's let's take that up. So, you're saying May through October potentially. It would be on the same idea as the tipsy seagull. So where

most of their parking comes from when the boats go in the water. So as when I discussed this with Miss Okonnell, um the boats start moving into the water uh beginning of May. Correct. I probably saw already depends on the weather, but but I want to we we need a set earliest latest. So the earliest would be what? May 1st. No, June 1st.

There you go. June 1st. June 1st. Okay.

Because what's important is on your site plan, you've shown X amount of parking spaces that you meet the requirements.

So the spaces shown on that plan, they only need to be striped, right? And you can't open unless every one of those spaces is made available and unobstructed by boats or things of that nature. So again, once you lock into a plan, we want to make sure that you can you can live with that plan. Absolutely.

So So you're saying June 1st? Yes. to October 1st to October 1st. And I'm assuming um that if there are boats that would be in the way where you need spaces, you will then have other room to move those boats. Yes, we have ample room for the season, right? We have ample room. Okay.

It all depends on the on the weather for a given season, right? Um if it rain if it rains through May, there's still going to be boats sitting there. So they they go in even if it rains.

So you're saying to Octo June 1st to October 1st? Yes. Okay. Uh what would you anticipate for hours of operations?

We'd have to set those two. We anticipate uh anticipate closing at 8:00 except on Sundays would be six o'clock.

How about opening noon? Noon. And would this be would you be looking for this as seven days a week or just weekend?

You know, we haven't really thought probably seven days a week.

So, Monday through Saturday would be noon to 8, you said. Yes. And then Sunday noon to 6.

Um, and this is something that I I brought up a couple weeks ago and and did speak to the planning director briefly. Police and fire are have they been made aware of this application and are they going to have any special needs? So, you're going to have to have a fireman on there's no building, but are you going to have to have somebody on duty and also the traffic coming in

from from the uh Well, we really haven't discussed it with the police and fire because we were going to address that at the liquor license application, but however, um it depends on if if you use a tent, then that would fall under the building code, which would probably require exit signs. I don't think police and fire have to be there. Um it's not a paid detail situation. Um I know fire

trucks can get down there uh because they can access by Clark Street off of North Main Street. As far as the access for the facility, would it be um would it be Collins, Clark, or both? We would probably prefer that it be Collins because there's less impact there because there's no there's no um residences on Collins. Yeah, because there's that kind of narrow spot that comes in off Clark, right? Is that

actually somebody's property? That's is it on Clark or Colin? On Clark. You come in that end. When you come in on Clark Street, there's residents on both sides.

Yeah. Right up to the bridge. When you come in on Colin, there are no residents.

Chairman deers, do you think you can get a letter from police and fire that they feel access for proper emergency vehicles is available? I can. Yeah.

because I mean you can't limit how people will get there. Um they're they're public ways. So you can't dictate what street someone uses to get there as far as the public goes.

You feel that the 52 spaces that you designed for this are going to be adequate? Meets the bylaw. Yeah. Right.

But we're talking 200. your your capacity in that patio tiki bar area you're foreseeing is no more than 200 correct that is correct okay I'm just saying that if you get a big party you're going to have more than 52 vehicles well but the boats are not going to be in the yard get there by boat so the well you're going to climb the seaw wall if you're coming in by boat this isn't a tipsy

Um, so you could have then an overflow area up in the north end of the site where the boats are usually up on stands. Yes, you could show that on the plan.

We want to make sure that we don't have parking in the streets is is the intention like has happened in other locations in the city. Um, parking in the streets not going to be encouraged at all. Oh, I know not encouraged, but we'll make sure we have overflow.

Okay. And we'll show it on the plan and it'll be designated as overflow parking.

and understand that if if people park in the street, then you you'll you'll be in non-compliance with the variance and it can be revoked because the last thing we need is to have everyone calling the traffic department and the police department and having to deal with with parking on the street and then other businesses not being able to access their properties because they can't even get by with with

vehicles parked on the street.

Absolutely. We've been a good neighbor for over Right. But you haven't run a TQ bar and food truck event. Continue to be a good neighbor.

It's a matter of dotting the eyes, Cara.

That's what it comes down to.

It's not We'll get there. We'll get there.

Public comment when when they're done and my board is done.

Um threw me off there, Mr. President. I owe you one.

Um I'll be there Tuesday. Anyway, the um so the space is that primary area 52 lots 52 car lot that does have to be striped. It does have to be marked. If we've got an ex if we get an overflow area that goes into that gravel area that's to the north, which is usually a boat area, does the does that type of overflow have to be marked? I don't believe so. It's up to you. No, because

they're they're meeting the requirement of the bylaw. So that's, you know, they're providing x number of spaces, right?

Again, I I'm trying not to lead them in a direction that they're going to fail.

So if they have room for overflow, then show an overflow flow parking area on gravel and then when somebody's parked on the street, the building inspector can ask, "Why isn't the overflow parking area opened and why aren't they parking there?" Right. So it's just we're trying to set somebody up to succeed. Yeah.

Exactly. Mr. Chairman. So I just asked Mr. McConnell the gravel uh the existing gravel surface that is hard packed. So that could be also utilized as an overflow area if um the 52 spaces are taken. And where to the north to the north that that's what I thought where where you usually have boats on stands up in that area. Okay, that makes sense. That's what I thought. And that that is a yeah, you've got traffic flow

through that area anyway.

So that that makes sense. Anybody else on the board questions, comments,

concerns? Concern I have is that the granting of a special variance or a special permit requires that uh two conditions be met. And the first one of which is uh that it is not substantially more detrimental to the area and and would you amplify your your views on the increased traffic into the area and how this is not more detrimental to the area?

Well, Mr. Caulkins, I would say that based on the district, since it's a commercial manufacturing district, they could manufacture boats. They could manufacture any kind of product and they could have 18 wheelers going in there every day all day long. So, with regard to detrimental um like we explained, we're hoping to get most of the traffic to go down Collins and that's where the signage

will probably be. But this um facility or this site is on the waterfront.

There's not many places on the waterfront that um could be used in this way other than the south end of the city. We have um waterfront areas down on Deval Street that are mostly parks.

So in the north end there there is really no type of um situation where we can do this only on this spot. So would it be detrimental? Um probably during the the work week. I wouldn't suppose that there would be tons of cars going in and out of there. Maybe on Saturday and Sunday when they do have um entertainment. I would say there would be some more cars, but as it uh overly

detrimental to the neighborhood based on the fact that it's a manufacturing district, I would say no.

Um I hope that answers your question.

Anything else before? How many boat slips do you have that that people are in and out of? Um 32. 32. And now they're parking for those 32. Yes. Where do they park? They park on the the south end of the property near the boat slips.

Can we get that? It's not showed on this. No. No. I was hoping we can get that shown on the plan.

So if you there it's tough to show. So there is parking in front of those two buildings. Behind the office there is ample parking and down the side of the building there's ample parking. So, but we can get that shown on the plan. Yes.

Yeah.

Okay. And you're planning on having uh dock access for this along the where the seaw wall is where it says existing seaw wall um in the future.

So you you'd go to the state get chapter 91.

That's not on our purview.

Um okay. Anyone else on the board before we go to the public? Is there anyone uh in attendance this evening that wishes to speak in favor of this petition? We'll go with you first.

Can I take my husband? No. You address.

Just identify yourself, please, with your address. Cindy Costa, 3216 North Main Street. So, we are on the corner where you go down to Colin Street. Colin Street. And I have been out of work for 3 years. We had to move there because his grandmother was sick, my husband's grandma. So, I'm home all the time. There's not much traffic that goes down there. So, um, yeah, I see everything. And I walk my dog down the

hill, so I don't see Well, if this passes, you can get your dog a drink.

No, he's sick, unfortunately.

So, let me clarify. I was going to ask the question. Are you in favor or in opposition? Oh, definitely in favor. Oh, okay. Yeah. had me worried for a minute.

I was trying to get some clarification.

Anything else? No. Great. Thank you so much. Thank you. Anyone else?

Mr. President, Joe, what's your address, Joe? 86 Montgomery Street. So, I am also in favor of this project. Um, full disclosure, I keep my boat down there.

I've known these people for about 28 years, and they run an excellent operation there. If there's a problem, there's I've never heard of a problem with any neighbors, anything that's going on. The proposal, when she told me about it, I thought it was a great idea.

It's what we're looking for down the waterfront. It's what our city is trying to do all over the waterfront area.

Getting to your clarification about parking on the street. That first street right there, River Street. So, that's her house. And when I go down there, I park in the street, right? There's a lot of people, but that's there's no other neighbors there. Like if you see anywhere any parking in the street. When I go to my boat, it's easy for me sometimes just to park right in the street. There's plenty of can go around

there. And I'm not worried about you parking in the street for when you go down your boat. I'm worried about the 200 people that are going to go to this event center and them parking on the street. But there's not going to be 200 people parking on the street with the parking that she provided and then there's plenty of parking. My point is there's no other residents on that street. It's a street that has That's

not true, Joe. I'm not worried about residences and and and the effects on them and their parking. I'm worried about these streets being lined. You You've been down Ferry Street. Which street you talking about? Any one of them. Okay. Cuz there will be cars parked all the way to North Main Street if this place is that successful. And I hope it is very successful. So I want to make sure that we can accommodate those

people on the property. That's all. I just want to make sure that they're not there's two of the main streets that you get down there. Clark and Collins. So I was just saying that what street were you trying to say? You don't want I don't want I I don't want I don't want these occupants that are coming the increase in parking I don't want overflowing onto our streets. Okay.

because then as soon as park cars park on each side and an ambulance might need to get down there or but there's still room for ambulance and that and that's what I asked attorney Maderish to go find out and make sure that police and fire feel comfortable with this operation happening and that they'll be able to provide emergency vehicle access. Okay, no matter what happens. All right. I

just didn't know if you would exclude parking. Like I live across the street from BCC. There's no parking on one side of the street there. Why would they want to put no parking? It is right ample room for parking, but still they have I just want to make sure you're not going to exclude. No, no, we we don't have the ability to do that. That would have to go through the traffic department. And

actually, I think it needs to go through the city council to put no parking on the street. So, correct. There you go. I just want I don't want to tie the No, no. It's it's it's not that we want to remove what's parking is there. We just want to make sure that that these new u occupants of the new business aren't filling up the streets. That's all.

That's all. And I agree with you. And I don't think they would want that either.

No, I know they would. No, but and that and that's just it. They they wouldn't.

So, you know, they know that. So, we're thinking of it because we don't want complaints coming in against the new establishment. That type of thing. Think it through right up front and be able to cover it. So, and we can and then when we say we asked the questions, our our questions were answered. They addressed our comments. So, then it it can't be you didn't even ask a question about

parking or parking on the street. That's what I'm trying to get clarification.

I'm talking about and and if if the plan could show where if it says existing gravel where you're talking about overflow parking, we definitely should probably see uh you could probably add another 30 40 spots with a little better, right? So, more proposed layout. Yeah. Can you show you?

Well, I can show you where the existing gravel spot is. Oh, yeah. No, he's saying just just to have it on the plan if we want to approve something, it should be on the plan and I and I agree with you, but that's all I have to say is and I would say no and I appreciate that counselor. Um, no, we're just talking about like for that overflow area. Obviously, it's not going to be

striped. It's on gravel, but that can be marked off cones, etc., etc. So, that's, you know, I think it's more important to show where like Mr. the Camaro when he wants to go get on his boat or into his boat that he has somewhere to park. Sometimes in the summer that I get to go down there when my son's not using but somebody's down there. Well, but somebody's going down there to get on.

So, we want to make sure that you have a home to park as well. Okay. Because there there are multiple things. If this was a vacant piece of land and this was the use, then of course it's much easier, right? But there there's a lot of moving parts to this. So, Mr. A, you're just curious as far as the permit they're looking for today. Y you don't think it would be feasible to get

permission for that? just going to lock their hands and find the other means of providing? No, because it we technically don't know what relief we're we actually have to provide and we need a revised plan to see these other these other items that we're discussing. Okay.

All right. Okay. That's all I have to say. Thank you. Appreciate it. Anyone else to speak in in uh favor in support?

Sir, just one more question. Sorry. So, will you be tableabling this to get more? That'll be up that'll be up to the applicant whether they want us to vote on it or whether they want to table it.

Sir, uh my name is Jonathan. I live on 3216 street. Okay. I've lived there 28 years of my life. Um never had a problem with the old had a problem with traffic.

I've had a problem with people parking on the hills or any obstructions anywhere or anything like that. I think it'd be a great access uh a great thing for the community. There's not really much to do down the north end of the city and you got Barretts, Al House. I mean, there's not really anything to do on the waterfront down there.

Everything's private property owned by the train tracks, owned by the city. Um, I think it'd be a great idea to have people in the community of the Northland be able to go and do something in the neighborhood and interact with the neighbors that you probably never even met before because there's nothing to do now, you know.

That's about it. Great. Thank you very much. Anyone else speak in favor? Sir, chairman, uh, I've been dealing with the Okonnell for 20 or 30 years. Uh they run a excellent business there. I've had boats there. I dock my boats there. Uh they run a tight ship, very professional, and I'm sure they will abide by any rules or regulations that this board puts forth on. Uh the father ran the business for many years. Carol

and she took over. Does an excellent job. Everybody respects that area and I think would only enhance the atmosphere in the north end of that city was something for people to do and uh I think she will do a great job at at what she wants to do. Okay. And again just for the record your name and address.

Bob Survivor 215 Street. Thank you sir.

Mr. Chairman if I could just so everybody understands this permit is not granted to a person. Okay. It's it's granted to a piece of property. So, as soon as this property gets sold, if it ever gets sold, it's been in the family forever, but at some point in time, it may not be. And then we may be dealing with someone else, but that permit runs with the piece of land. Um, and we we

all agree that the Okonnell's run a fantastic business. We think this is a great use, but we still have to do our due diligence and make sure that it's being done well. That's all because it it could potentially fall into someone else's hands that may not have the best intentions and may abuse the overall permit that that they they could be granted.

That's it. Quintwell taken. Anyone else to speak in favor?

Oh, sorry. Jessica side. As a resident of 50 Clock Street, I am all for it, but I do have major concerns with parking. And parking is very limited as it is right now, but I am all for it. I would love to walk over there, have a drink, and go home.

But parking is bad. Like, it's just tight on Clark Street, Colin Street. You can't park on at all. But the good news is you'll be walking and not taking up one of the parking spaces. No, I'll be taking up the ones at my house. No, I understand. That's the problem in the bridge. You can't park on that. No. And and we're not trying to be we're not trying to be flippant. We're trying to

work out that parking thing. That's, you know, we spend a lot of time on parking and we're trying to make sure of exactly that. So, the last thing Carol wants is a police guy showing up saying cars in the street. It's got to move them. Um because that always shows up somewhere in the internet. Okay. Thank you. Anyone else in favor? Yes.

Jeff Buret. I'm not from Fall River. I'm from 226 CU Avenue in Swansea Swansea, but I've kept my boats at the Conanos for over 20 years. And uh the idea of adding extra amenities to there is I'm all for that. And uh I'm looking forward to enjoying that. And I've even bought a little small wher so I can fit in.

Okay. Thank you.

What was your name again, sir? Jeff Bre.

Spell the last name. Can you spell the last name for him? G reve.

Thank you. Anyone else in favor?

Yes. Hi. Um, Alexia K. I've lived at 3211 North Main Street for about 15 years. And I do bought my dogs down there. So, it'll give me something to do while I have my dogs. But um it's it's always been an kind of like unclean place. So having something down there to keep that area clean, clear, and available for not necessarily the dogs, but just for anybody to be able to walk

down there, sit down, watch the water, whatever. It would be an awesome thing to do.

Okay. Thank you. Anyone else to speak in favor?

hearing none. Is there anyone wishing to speak in opposition to the petition?

Good evening, Mr. Chairman. Attorney David Assad. I'm an attorney licensed to practice in the Commonwealth of Massachusetts. I maintain office at 326 Pine Street in the city of Fall River. I represent Mr. Arthur Hancock, the owner of 300 River Street, uh which is direct but to the north of the property. The business plan that we've heard about this evening, Mr. Hancock has no objections to the things that brought me

out this evening was the petition itself uh in that as it was advertised it was showing that it was at 284 River Street.

284 River Street is a residence. The property address of this particular project is 180 River Street. Uh the assessor's map and lot is correct. X1 lot 16. Um, I would submit that the board should probably do some action to say that you've complied with chapter 48 section 11, that proper notice was given and people knew that it wasn't the residents that it was the uh Okonnell boatyard. Um, one of the other issues

that showed up on the application that were causing me some concern was that the applicant is Cara Okonnell individually. Uh, the property is owned by Captain Joseph J. Oonnell Company, Inc. And I've heard lots of comments this evening about what a great job Carrick did as pre does as president, treasurer, secretary, and director. But it's not Captain Oonnell, Captain Joseph J. Oonnell Company, Inc. that's doing this

particular project. It's Carara Okonnell individually. Um, so I suspect that she's going to have a lease agreement with the corporation to run this particular business at this location. Uh so I just was looking for some clarification. Mr. Caukins was absolutely correct that the special permit issue requires that standard to make the determination uh that it's not going to be substantially more

detrimental than the existing activity.

The existing activity there is the marina. The marine is there is a pre-existing non-conforming use under the ordinance. Mr. Hancock's biggest concern is that access to his property is usually through clock street. He has a working um machine shop. He has a working warf. Um there are 18 uh there are 18 wheelers that come up and down Clock Street. And if there's parking on River Street or near Clock Street, it

becomes a problem and police are called for the purposes of moving the cars so they can happen. Uh if the proposal was granted by this particular board, I would ask that maybe some signage be put that Okonnell's boatyard is to the south. if you're coming off Clock Street. Um, so they know where they're going and they're not hung up at 300 River Street going on to Hancock Marine.

With those um those are the only really objections and the only reason why I'm here this evening is to stop the interference with the 300 River Street um and that the parking around um Clock Street and River Street that has been a problem in the past that we've dealt with the traffic department. Um, and I agree with Mr. uh, Aguia that it's not so much the operation of Okonnell, it's

when this takes off and this becomes a venue in the north end of the city that there's going to be parking along River Street along North Main Street and that's something that I think that needs to be addressed. I understand that there's overflow parking, but uh, as much as we think people will cooperate and do it the right thing doesn't necessarily happen. Uh, the hours of operation were fine. the uh the the the

seasonal June 1st to October worked. Uh really no objection. It was just the procedural elements that brought Mr.

Hancock out thinking that he was going to have the activity in the house next door to him. Other than that, I have nothing else. Okay. Thank you, Mr.

Chairman. I can respond a little bit.

Jeff, our attorney, did you ever end up figuring out the address thing with the assessor's office? The assessor's office had multiple parcels combined for billing purposes. And when the plan first came in, actually the house off the property south um was numbered 180 on the plan. The house was labeled 284.

It is the assessor's office couldn't figure out or thought they had it figured out, but we did know that we had the right map and lot number. Um and we felt comfortable with with moving forward on that. Um so I don't know if that street number has actually been resolved. No, it hasn't at this point.

Uh we did take pictures of the um the house to the south. Yep. It is 180.

Okay. There's no number on 284 and the house is way off the off the road.

Right. So, um but after doing the research, I can see where the where the billing got merged and that's how the confusion is. Yep. But when police and fire, if there was if a call came in that said Okonnell's boatyard, they know where Okonnell's Boatyard is. So, um I do have to go to the assessors and um ask them to give this a number and it would be the number that was on the

original petition, which was 190 River Street. Okay. Well, 180 was on the original, but but it won't be 180 if the h the house is 180. It's going to be in between 180 and 284. somewhere in between we'll have a new address. Um as far as the ownership component um the owner is listed as Captain Joseph J.

Oonnell Company Inc. and that is um on the application it is signed by Cara O'Connell as president and treasurer.

The applicant is Carara Okonnell individually and as I previously stated any relief granted is for the property.

So the applicant could be Mickey Mouse and and it that would have no bearing on whether or not this petition was granted or not. I mean it it runs with the property and on the on the merits. Um but but I do understand the the questioning of that. The address thing um is still, you know, up in the air.

um to dot eyes and cross te's the the board could make a determination or or vote that um having the assessor's map and number correct in in light of the errors in the assessor's department that notification was was given properly. Um and we actually went so far if you remember to add a butters that are over in front of 180 and so across the street as well. So we went we went beyond with

the original notification. So, um, and the Abutter is here this evening as well with with legal representation.

So, I think we're I think we're okay.

There is going to be to answer attorney Assad's question, there is going to be a lease between the property owner and the uh the corporation that's going to run the um the area. Uh, we've already established the corporation as Danny's Dockside. That's going to be the um the name of the the facility as well as the name that we're going to be seeking the um alcohol liquor license. Okay.

So, um Mr. Aguar, I think based on the the the relief um car is not going to be licensed to prepare food. So, it's going to be the food truck operators.

Mr. Pereira had even indicated that each food truck has to have their own license. They're the ones who go to safe serve programs. The facility itself is going to be tip certified with regard to the alcohol that they're serving. That's a licensing thing, not a zoning. So, I'd say that we would fall under the special permit where it doesn't require to come back for a variance. We'd like to get

this approved for the season. And that's why we're coming now and everything's been done because if it gets pushed to May, we're waiting the 20-year appeal period, then it's further down, which we might not be able to utilize the facility this year. It's going to take a while to get through the ABCC. Um, I have a application that's been there now for 3 months and it has been acted upon.

So, even if you filed now, you probably still won't get in. Who knows, right?

So, we can only worry about I understand what we can worry about. So, it's different steps and that's what exactly and and there, you know, there there will be border health issues you've got to contend with and and there's there are plenty other permitting issues.

You'll have potentially you may have uh construction permitting through the conservation commission if we're changing any surfaces or uses, things of that nature. Um, we have to look at the existing chapter 91 license. Are you impeding public access? So, there are so many other things beyond this. Um, so I don't go into the ownership. I don't know if we asked if the rest of the

people in opposition if you want. You're right. Anyone else in opposition? Yes.

So, my name is Cynthia. Last name for all intents and purposes O'Connell. This lovely lady is my cousin and my goddaughter. This lovely lady is also my cousin. My dad and their dad, our grandfather are the original owners of this property. It was run by my dad, their dad. There is in fact residential houses on that street on one of them.

And between 180 and 284 is 280. And if you zoom in on that map, you will see my house. I'm literally caught between a rock and a hard place because this is my family. This is my family. I want nothing more than to make them all happy. At the same time, this proposed bar, entertainment facility, whatever it ends up being, as you stated, something happens to them, it gets sold. I don't

know what I'm living with now at this point in time. Regardless of what their plan is, what they're hoping for. Um, if you zoom in, you will see my house on that street. It looks like there's a distance. I'm not even sure where they're proposing to put this container. We have discussed it. I don't know if it's on the map, so I can't see where it is in relation to my house.

Yeah, it would be my house. It would be further into the site where the where the containers are along the water's edge. Right. Right there. So, where that container is is immediately in my backyard. It looks like there's somewhat of a distance in between, but that's a topographical map.

And technically, a lot of that distance is a cliff. Yep. I can throw a rock and hit any boat in in that area. I can almost throw a rock and hit the water.

So that entertainment facility/bar, if anyone chooses to turn around, will be looking directly into my pool, directly into my backyard. I will have absolutely no problems with privacy. I will be subject to whatever hours they're open.

I will be listening to music. As this lady in the back so nicely stated, I already have issues with parking. Colin Street, River Street, Clap Street. None of them are legal width. They don't um and they're not double lane. They're they're not wide enough to have two-way traffic. They're all one car passing at one time. Where this nice lady lives in the apartments on Clark Street. I

already get their overflow parking and my designated parking areas. So, I'm very concerned about the traffic flow when I step out of my house because I'm not stepping onto a legal sidewalk. I step out of my house, down my stairs, and into the street. Into the street. I have to cross that street to get into my vehicle because there's there's no parking on entire road. Um, additionally, I have guests at my house

frequently. I have eight grandchildren under the age of six. I don't want to risk them late on a Sunday afternoon walking off my step, either my front door or my back door into the street and getting tagged by someone who has just been served at a bar at the boatyard. I understand Joe and a few of the other people here see it as a good thing.

I understand. I have spoken with Carara and Aaron both and they have assured me of some of the I'll say precautions they're going to put into place. But even with the discussion we had, that's not where when we discussed it, that's not where they were telling me the bar was going to be located. I was under the assumption it was going to be on the property behind 284, which is

their home. I've lived on the street for 46 years with these two women and their brothers and sisters. I love them dearly. Their dad was my uncle. I lived next door to my daughter 46 years of my life. This has been my home. This is not what I want to see my home. I know it's it it's hard for me to say this because I know it's what they want to do.

Um but the noise is going to affect my quality of life. My privacy is gone. Um is security going to be an issue? all winter long. They have problems with people breaking into those boats in storage in the winter time. I don't I don't know if they're going to have police officers there, but I'm very concerned about my privacy, my safety, my security. It's a very isolated area, and now it's going to be

open to whomever wants to walk the dog, drive, whatever. Um, not not that it matters, but a lot of people have brought their dog and I have to pick up the waste after the dog because I don't get that. I I don't want to add to those problems that we already have and I I just I want to make them happy. I'm between a rock and a hard place because

at the same time, I don't want it to affect my quality of my life and it is going to be a very negative quality of life for me.

So, as I said, if if you want to zoom into the map for Joe to say there's no other houses on that street, that's not true, Joe. You know that. You've worked in my backyard. I'm talking where their house is on the other end. Huh? I'm talking where her house is, not the other end of the street. But it's still the street. You said there were no other residents on that street. And that is

not a true statement. There's two other houses on that street.

And as I also said, neither none of them in that whole U-shape provide for two-way traffic.

So, I think that's um pretty much all I have to say. Um like I said, I worry about the noise. I worry about the security. I worry about privacy.

For my quality of life, seven days a week, I'm going to have no privacy. I'm going to have people driving up and down the street, walking, music. You know, I know they're saying they're going to put parameters in place, but what happens if it does really well and now you want to push that envelope a little bit further, a little bit further? I'm going to have sometimes 40, 50 people slamming and

opening their car doors in my backyard watching what I'm doing in my backyard.

I'll have absolutely no privacy or or or safety, quality of life. I wonder how it's going to affect my security living on a very secluded street that's now open to anybody who wants to drive down there. It's literally my backyard. I can stand by my backyard and talk to Carol. So, it's going to be very, very, very close. So, I do expect car overflow. But if you'd like to ask me any questions,

that's fine. We can zoom in on that thing or whatever. I'm open to questions. I know also Jonathan has worked on and off of them for many years. So, I don't know if he has what do you call it? A a paddle in the fight, a dog in the fight, whatever.

Well, I mean it it So your address is 284, correct? No, my address to the house in the middle. The small house up front. Okay. It's not small because on the street in comparison to I drove right against to the boatyard. It's it's And even for me to walk from my house to my unattached garage, I have to walk down the middle of the road. I have no sidewalk. So, even to back my truck out

of my garage to walk to my garage and I don't have the legal representation like Mr. Hancock has, but I'm sorry. I was looking at the wrong house. He is right. There are a lot of 18 wheelers that will literally have to back all the way in front of my house to back down to his property.

You're next. Stop. Hold.

I really want to make you guys happy, Mr. Chairman. If I Well, I mean, can we speak to the distance between the back of the house and and the edge of your property because I'm familiar with the terrain there. So, if I may, u Mr.

chairman. Um I'm sure over the years you've all read uh plans and you can see based on where 280 is even though um the uh the plan does not have a dimension that runs towards um the Taton River.

You can see that the first dimension of 60 ft. I'd say from where the tiki bar is to where River Street that's in excess of over a hundred yards. Plus the elevation of the plan itself. Yes. Not to my backyard. Excuse me. Mhm. So with regard to the elevation, you can see that her property is 30 ft above the tiki bar. So she just made claims that people are going to be looking into her

backyard. I'd say they had to have vision of Superman to do that. That's absolutely not. Basically, the um the tiki bar you can see is going to be over a hundred yards away.

I actually have a picture on my phone that this gentleman here took from the boatyard about where the tiki bar is with being able to look in my bedroom window.

Well, we can argue that point or my I'm not going to argue with you. I'm looking at I'm looking at a plan, the same one that's up there, which happens to have grade on it. Mhm. Your house ostensively is probably at about 35 ft and over just over the line into the Captain Okonnell property is at 10 ft.

That's a 25. You're 25 ft higher at your house. Yes. Than the back of that.

Correct. Yes. which is why you can and it gets lower as we go towards my house because it's that elevated. So if your house is here, somebody's standing here, they have to look uphill at your house, correct? Yes. And it's totally unobstructed. No, no trees, no nothing.

You can go look at a very clear view.

You can go look at it. You can go look at it. You probably I did. I just didn't know. From the pro, right, but for the specific instance, you know. Yep. You'll be able to look right and see me watching TV.

That still is a considerable distance from from your house. Where does your pool sit on this on this map? It sits approximately I I can't really tell where the drop off starts on that map, but it's probably 15 10 ft from the house. It's a 29 ft pool. So beyond my pool to where you would actually fall off of that cliff is less. It's from handy me to you.

Your your pool is that close to the boatyard.

It's that close to the cliff and at the bottom of that cliff are boats.

I actually have pictures on my phone if anybody wants to get them afterwards.

I'm going to have to take a drive by and take a look at it myself.

I understand. I understand your concern and I appreciate you coming out. Yes.

And for me, it's not necessarily a yes or a no. I just have concerns that I I need to that I feel are not quite accurately being answered.

Well, we're asking them to be answered.

We're asking and I'm I guess I deal with Dela. Yes. Okay. I deal with plans all day, every day. I'm looking at some pretty big distances here. This is what I do. So, I'm I'm not telling you you're wrong, and I know that sight line of sight perspective is different. Um, I may ring your doorbell to go onto your property, but um, I can do it all from from the Captain McConnell's property and look at

it that way and and see what I can see.

I I understand the concern, but I don't know if you'd like to address, as I've already stated, Mr.

chairman, the claims that she's making based on the plan, it just doesn't seem like they add up to say where you could stand in the at the tiki bar and look into her window watching TV. Um, I would say it's a the um graphic scale 1 in equals 40T. You can, as I heard attorney uh I Mr. Frank say it's over 250 feet away approximately. So that's So do do you have documentation from

from a noise expert or a sighteline expert to to back up your claim? I mean she can hire the same as well. This is the first time we're hearing No, I understand that's that's the purpose of this process, right? So it's not run in and get a permit. It's come in, you have a discussion, you have people raise concerns and then we address those concerns. So I'm just Well, and also

because I am up on the hill I understand completely. But again, I'm not a sound expert either. You hear the music from the right. I understand. So, um I was just talking to my client. Seems as though um she visited Carara and Aaron um saying that she wouldn't oppose this petition if they gave her a piece of the action.

This is the zoning board of appeals. So, let's let's let's stop and let's keep the facts that are under the preview of the zoning board of appeals. I I think you know that. I understand.

So, you're still standing. You're looking for an answer. No, I just didn't know if anybody was going to ask me any questions. No, I'm I'm I'm looking at I'm looking at plans stamped by an engineer who I happen to know. So, I have to believe the plans are correct because we've seen the work before. If if it looks horrendously different, it doesn't mean that it's any closer than it is on the plans.

I mean and that's that I I hear you. I hear your concern from what I'm seeing on paper in my eye. I'm not visualizing what what you're saying is is the situation. Do you know what I'm saying? I'm not trying to be contrary. No, I understand. And and as was mentioned, you know, I I invite you to go look if you feel the need to. And everyone here is right.

Cara, Erin, I see them every day. We're neighbors. Like I said, they're my cousins. We've lived side by side for years. Very class act. You, we've spoken. They have taken some of my concerns into consideration. But again, I also want to come to hear that make them be known in front of the board. But um you know, I just I just do have concerns and this was the place to um

voice them. I don't doubt that they will not do a good job. I do believe that's true, but you know, I have concerns and I wanted to just hear them because thank you. You know, there's traffic and noise and those type of concerns. Is is the land at all conducive to any kind of a barrier between the properties there there was some trees. It's my understanding that um she cut them down to improve her

view, but also they cleared them one year. So we have both taken care of that area in between.

So the trees shown on this plant there that tree line along the buffer. Well, it's it's deceiving because it's on a cliff. Trees are down at the bottom of the hill and I just get the tips. But also part of living there is you want that water view. So there have been I have I just want to make sure that the plan is factually correct. So they read the arch. I can't tell where I can't You

would know what a tree line is, but it's the little bubbles lines that you see.

I've been in construction 25 years.

There you go. Bluepint. You see the tree line tree line looks like. Thank you.

It's not actually I think if somebody if if if the board decides that they want to go look at it then then they can make a determination regarding that portion of the plan. You raised others about parking and all of those things. The clearing of the trees is kind of always an ongoing thing because it backs up to that shed. We don't regulate the clearing of trees too. That's a good thing too.

Okay. Thank you. Thank you. Anyone else wishing to speak in opposition?

Okay. They're hearing none on the matter of ownership.

Cara, I'm going to assume and you did because I just read it. You you signed as president and treasurer of Captain Joseph. So that's fine. It may have been the problem is probably in our advertising because it should have been under the name of the property. It's usually listed under the applicant.

Yeah. All our advertising is by the applicant and and again anyone can be the applicant but on our application we asked for owner's name and applicant's name. So and she did sign as president treasure. So

all right. Any other questions from the board at this point? The only thing I see is that this trailer and the house both have the same address.

Yeah, that's what we're trying to figure out. That's Yes, it's always been the same.

The storage trail is know the office trailer at the entrance of the property.

Oh. Oh. Oh, okay.

I forget that is the one entrance. One entrance, one exit. I forgot that

one. We've got a number of questions on the table. We understand your desire to move this um to move this quickly. Um There seems to still be some questions asking for a temperature to the board at this point. If we if I can't just just understand if a vote's taken and the vote is in the negative, you can't come back for two years. Just understand. I understand that. Um what is there any

way we can clarify other concerns, Mr.

Pereira, as um Mr. Agua stated, the parking as it clearly stands now, uh there's enough parking in accordance with the the the bylaw both not for the marina use. So for the boat storage use is what's shown on the plan. I've asked what the marina use is because that's not shown on the plan. Correct. 32 spaces. And then with regard to the the overflow, we can have that clearly marked. Um, correct for the uh

additional parking with signage. Um, somebody brought up a a question of signage. There is a sign that's been on North Main Street for O'Connell's Boatyard that's been there so long it's a faded red color. Um, that's right at the entrance of Colin Street. Um, we would also put a sign uh attached to that that says Danny's Dockside. So hopefully people would preferably use columns. Um with regard to the the

marina parking, um we can clearly mark that. Uh also uh if the if the board's inclined to make a motion in the affirmative this evening, uh then we'd like to proceed.

But um if the temperament of this board is to decline it, then we'd like to table it. Well, you don't have that. I'm sorry. That's for you to I know. Are you asking? I'm just playing my odds. You know, just letting you know. I think I think the one of the questions is we we don't know what we're voting on. We don't have a chapter section. We don't know whether we're going with bar, restaurant. We don't

know if we're going under H, F, E, G.

I've heard nine different things. So, I think that that is needs to be clarified. The parking needs to be clarified on the plan. Uh, I know the chairman had some concerns about sighteline and police and fire. Yeah.

And we engineer spoke about police and fire and access and parking on the streets, you know, and there's there's a number of questions that came up that I think would warrant some more information. Okay. Then at that point, we'd like to table. Yep, it does. Mr.

Frank, we'd like to table the petition then.

Can we have a motion to table? Motion motion to table, please.

T, do you have a requested table form?

Are they over here?

They used to be on there. I don't know if they should know on the motion. Let's uh keep moving. Uh on the motion to table, yes. Uh Alexis, yes. Dan, yes. Jim, yes. John, yes.

Chairman Prair, yes.

Don't panic. And then also clarify working on that. Yeah, they might not get the address.

That just keeps on getting passed along.

Go by and say hi.

Thank you. Thank you.

Item number two.

Item number two. The applicant is Maria C.

Melo. Mosy Mosy Melo. Mosy. I'm sorry.

That's okay.

It's not with care, but that's okay.

Care of attorney. Quiet, please. We're still going. If we can get outside, please. Thank you. Care of attorney George Bant. Brilliant. Sorry. This is for uh Swan Street, map D21, lot 51. The applicant is requesting a variance to allow the following. One, the existing non-conforming auto repair garage located on the property and construct a new single family dwelling waving lot area, lot

frontage, front uh yard setback, sideyard setback, and lot coverage requirements. Um, subdivide the existing parcel to convey 1,00 ft of this of his property to an abuing property. The property is located in an S single family zoning district. Good evening, Mr. Chairman, members of the board, Madame Clerk, Mr. Aia, the record attorney Gregory Brilliant at with the Lorovs at 111 Oakrove Avenue in For

Massachusetts. As the chairman rightfully stated, um Miss Melo, who's here before me, owns this entire piece of property. Um what she's looking to do is there is a a former auto repair, auto towing facility, Flores, um towing, um that was in existing many years ago. Um, and for historical purposes, back in 1993, one of the few I think I was on this board.

Um, and you admit it. Here's a number of them. Um, be allowed for a subdivision.

Subdivision was allowed. There's one for everybody, Mr. Chairman. A subdivision was allowed allowing the single family house, 321 Lake Avenue, um, and the existing towing business to be subdivided. Here's a picture of the house as it presently exists and the vacant um towing business at the time it was granted. It was allowed and as you'll see on the plan I think it's important to look at the plan there was a line

drawn um that was a a jagged line so to speak um at the time which was done solely because of the shape and configuration of the towing business and that's why it wasn't straight back at the time. Um what what my client would like to do is basically reconfigure those lines for that line to go straight back, allow 321 um Lake Avenue to stand in its existence, no changes, and to

allow her to build a 31x 38 uh foot single family house, three bedrooms, two baths on the newly created posel A. um with with relative to the to the uh excuse me, the hardship in this, we have a we have an existing building that can't be used for a single family home.

It it has to be raised. There's no question about it. So therefore, based on the actual condition of the of the uh building and it's and its location on the lot, uh that is the hardship to have this particular petitioner attempt to try to make that a single family house.

In addition, I don't think the I don't think the actual neighbors would like that. Now, this is a single family residential district. She proposes to build a single family home which will be consistent with the single family residential district. And it's our contention that obviously it would be less detrimental uh to the neighborhood because it' be far more consistent than this vacant piece of property which been

there for quite some time. Um and and I'm sure that the neighbors down there which is a the neighborhood has become uh quite built up. It's very very nice.

I was down there today taking the pictures. Um so I'm sure they'd be very happy to see a brand new home. It's going to be for a family member. At least it's contemplated as such at this time. Um, but again, it'll be 31 by 38, three bedrooms, two bathrooms. Um, and basically that's it. If you have any questions, Mr. Chairman, I'll be happy to answer them all. Miss Melo, and we

have the person who's actually going to be the builder here as well, Mr. Perry. Steven Perry. I'm sorry. There's going to be two street parking places with the with the new um building and has ample off street parking for the uh the existing 321 Lake Avenue.

I'll be honest, my heartburn is we're talking about five variances in order to do this.

And in in most communities, you you might not even get this far with five variances. And I realize this this is this community.

Are you talking, Mr. Chairman, about the uh setbacks? Yeah. Okay. I apologize. We we casually throw those around as waving. We casually throw those around.

It's a variance period. So whether it's two feet on the sideline or whether it's, you know, a big, you know, frontage variance instead, we're talking five here. Mr. Chairman, while while I do totally understand what you're saying, I think this is just a way honestly to try to really clean up the neighborhood and and because this this building is just a eyesaw to the neighborhood. It can't be used in its

present condition for a single family home. No, I I understand that because the lots have already been It's run down. It's not attractive. It's not conducive to conversion. It's not like it's some cute little mill building that you turn into something. I get it.

We ask what what the purpose of the convenience of the other to to be honest with you, Mr. Caukins, is simply to make it more conducive. The only reason it was divided the way it was is if you went out there, the current commercial building has all these jogs in it. So, they kept it like that. This is only to try to make the lot more, you know, beneficial. So, it goes all the way back

and it allows them to put that lot, excuse me, that house the way it is.

Yeah. I was just trying to figure like if the parking was moved over to there, whether or not you could move the house so that you can get rid of a couple of the varian. We we we tried all we could to try to do that. I'm sure you did. And and because we didn't want to we didn't want to go and obviously and I always speak to Mr. Aar. We always try to limit

the amount of relief that we ask. And I understand and appreciate what Mr.

Pereira stating this is what we came up in with with dealing with Mr. Tolman as the best possible plan to be put together to bring before the board. We obviously never try to put in relief that's not necessary. Miss Miller, is your residence at at 321 Lake? It is.

Okay.

Mr. Chairman, if I could offer Yeah, please. Um some back history on this is that yes we we have two separate structures on two separate parcels that the use of the land was limited because they were connected to the same septic system that was behind the garage. Uh number of years ago maybe within the last 10 I guess city of Fall River installed water and sewer through Lake Avenue Swan Street eliminating all of

those septic systems. Still a septic system behind this behind this this garage. Um so I think the existing structure which actually encroaches onto the abuing property over half a foot over the line it does that the new building although it is asking for setbacks are far greater than the existing structure. So a drastic improvement over what the existing structure is. theoretically, they could

file just a special permit and turn that existing building, that footprint of that garage into a single family dwelling. So, this is eliminating those encroachments, how close that property line is, uh, that building is to the property line and over it, reducing the amount of lot coverage, um, by getting rid of that that larger structure. Um, so there there's two sections of relief here. one, it's it's creating that

parcel B, which is the thousand square ft that you can look at separately. But I think as far as the use and getting rid of the non-conforming use, and proposing a conforming use, that one should be should be fairly simple. Um, the lot is the lot. So, they're not asking to subdivide to create a new lot.

It already exists. So, we're eliminating non-conforming uses, non-conforming structures, um, and getting closer to what the bylaw requires. Um, with regards to the other thousand square foot parcel, parcel B, as attorney brilliant stated, it was created um, for the necessity of keeping the entire garage on one piece and creating a straighter line, whether it's completely straight the way that it is and going to

the angle point in Swan Street, which may be where it originally started from if we go back, you know, when these things were first created. Um, or do we pick a pivot point and split the difference or come up with a different way? It it does make both parcels more regularly shaped by allowing that other conveyance. Just look looking into the future of whatever happens out here.

Yeah, Mr. Pra, in case there was ever a conveyance, like you just said many many times, it could go to somebody else's property. If we use that same building, Miss Melo, technically, if that that that building that presently exists was converted to a single family home, somebody would literally be encroaching on her property right away. Number one, and number two, looking right into her

house. It's that close. Yeah. I mean that I know you read plans far better than I, but it's really literally that close. That's why we tried to do this to to to we really were just trying to make it better um for the neighborhood and and obviously for Miss Melo. Yeah. I mean, I'm looking at other lots in the neighborhood. You know, I took a drive down there. This building's got to go.

It would be nice if it could go. You got a lot of larger lots in the neighborhood. This is Yeah. Much larger homes. Nice. It's very nice down there.

Haven't been down there for years. sure that, you know, if this gets approved, whatever is going to be built here is going to make things look far better out there. And it's set back, at least the structure is set back from your home.

It's set back from the the other neighbor. Um, it's just an odd lot. It is. It is. It's an odd lot. And we deal we we we we did ask for Mr. Agar's input in terms of trying to get this in in the least obtrus obstructive way to the to the board and to the city. We we we really did try our best.

Yep.

Yeah. Okay. Anyone else from the board?

Questions or comments? Nothing. To the audience, is there anyone here who would like to speak in uh support of this petition? No. Anyone to speak in opposition to this petition? They're hearing none. comes back. Chairman, I'll make a motion to grant second with um the separate utilities is going to be Yes. Yes.

That's already done. Yeah, it has to be Mr. Frank as Mr. said the septic doesn't look sight plan, right? Yeah. No, it does 100%.

Yeah. And Grant as as presented with the separation of the thousand square feet to the to the joining lot.

Okay. Is there a second on that? Okay.

Motion in a second on that then. John, yes. Jim, yes. Dan, yes. Alexis, yes.

Jim Furry, yes. Thank you. Are you a builder? Are you a builder? No. No. My boyfriend is okay. Said you were going to build it. I'm like, she'll have plenty to say. She'll have plenty. I'm not going.

All right. Item number three, applicant.

uh Cavalo's Tire and Auto Center Inc.

Attorney uh care of attorney George Brilliant.

The property is currently being utilized as an auto body repair, sales, and towing storage facility. Property is located in the CBD central business zoning district. Council, Mr. Chair, for the record, attorney Gregory Bryant with a laws at 111 Oakrove Avenue, for Massachusetts. I appear before you today on behalf of my client, uh, Paulo Cavalo. Uh, Mr. Chairman, I think it's probably in your package that there

there this again um pertains to a previously granted variance back in 2014. Um and at that time um the petitioners were given permission to operate a towing business in conjunction with the auto repair um and the auto uh body shop. Mr. Gabalo has owned the property for four years um and quite frankly has had no issues whatsoever. He uh he just recently uh got put on the towing list for the city of Fall River

and he wanted really while we're here is we wanted to really kind of just do this right because in speaking with Mr. Aguya and with the city my client technically on a Sunday could leave could get a call could go tow a car but he technically would have to leave it sitting on his truck to Monday morning. He could do it because towing he he has the right to

tow but he can't put it in his yard. So, all we would like to do, and that's why we didn't try to change anything else, he still has six spaces um on site, six spaces inside the building, and he just wants to eliminate the the requirement that he can't do it on a Sunday. And he's again just trying to be totally forthcoming because Glenn Hathaway, who's doing his job, had seen him one

day pick up a car at the gas station on Deval Street and said, "Well, where you going to go put it? You can't go put it on your property." And he called me right away, tried to do the right thing.

and we filed immediately and that's what we're here for today just to eliminate that one provision so he could tow seven days a week and that's basically it relative to the neighborhood. Um just so everybody knows because I want them to be clear and on the back is everything.

This is this is up and down the street.

Now I only got one copy so you can this is up and down the street and on the back of the of the various businesses that are located right immediately abudding this property. So on picture one I just go through what what what is around there just so people know it's not like he is on on picture one there is the Ecuadorian market central city auto sales J&J bird supplies going the

opposite direction there's four of a thread level up bobber shop further down on that same block there is Karan's temporary agency world insurance for a grilled on the other side of the street they have Victor's aesthetics cam market new leaf marijuana. So I I only point that out because everywhere around him is completely commercial retail use. So in terms of what he's going to be doing

there, even on a Sunday, I don't think is going to bother anyone. So the closest residential is the apartment building down the street. That that that's the closest residential. It's really Mr. Pra, the only residential within I think a twob block radius. If you go up Second Street, it might be a block radius. I'm going to go up the hill. But that's all he and and again, he he is really he's a good guy. He's

completely renovated that building since he's bought it. He bought the auto auto body shop next door. Um he's done a very good job. He just wants to be a guy that does things on the up and up. I mean, he's paid the money to do this because he doesn't want to just have that car on top of that truck overnight. He just wants to do it right. And so that's why we're before the board in complete

transparency to to to to what he would like to do without, you know, trying to circumvent what's happening there. So you're looking at 24/7. You're looking at the ability to tow a vehicle and drop it in this yard 2:30 on a Sunday morning at the if he gets a call. Yes. FRPG.

If my memory is correct, which it seldom is, I don't know about that. The uh original restriction was probably placed on there because it was all you needed at that time. It wasn't it wasn't due to was a previous owner. It wasn't even this gentleman. It was a previous owner, but I I believe it's cuz at the time it's probably all that was needed because they didn't have want to open

and do it on a Sunday. Quite honestly, I think that that's why they just put it from Monday to Saturday. A condition that we imposed. I think it was a it probably wasn't going to be utilized quite honestly.

I think whoever presented it just wanted to get an approval. Yeah. Yeah, that could be the case. Probably probably never had any intention of telling anything at 8:00 10:00 at night either.

So I I mean and I argued it then I'll argue it again.

Um the zoning ordinance deals with the stowing of a towed vehicle. It it doesn't deal with towing vehicles as attorney Brilliant stated. So it it's the storage part. Y and we don't have a definition of stowed, right? Is is stowed does it does that classify a a vehicle to be repaired or is that stowed that the police call and say, "Hey, you tow this vehicle and you go store it somewhere." Right. So I

think it's tow and store together. I believe so. We don't define that. So, it's I know it's been very ambiguous over the years of what kind of permitting do we need. So, I think it's the space on the ground that allows for the storing of a towed vehicle stowed um is really the relief. The activity of towing a vehicle is not even up for question tonight. Yeah. You can tow it on either through this petition

or or one to come later. It's can I take it off the truck? You put it on the lot. Exactly. And he's not trying to change the spaces. He hasn't had any issues whatsoever. He's been towing for a period of time right now, even with the city. Um, he hasn't had any problems, no complaints from neighbors.

Again, he he got that call from Glenn on a Sunday and said, "Where you going to go put it? You can't go put it on your lot." So, he he got very nervous and he called me on the Sunday thinking he was doing something wrong. And I said, "Well, I think you're going to be okay."

But he just wanted to do this all correctly. So that's why I would before the board, members of the board, quite honestly, he didn't want to try to go circumvent it and pock it in front of his building overnight on a Sunday night and say, "Okay, I can do that." And then on a Monday morning take it off, put it in the shot.

Mr. Chairman, I have a question and maybe attorney Assad can weigh in as well. Um, no, because we I I know in the past we've always talked about making sure that the vehicles are registered and insured.

And I'm sitting versus a junkyard.

Correct. But but what I'm thinking is what happens when the vehicle is towed because it's because it's unregistered.

Yeah. You can't No, but that's the whole issue. So when we condition these things, we have to take that into account of how do we make sure that these are not junks and they don't stay here forever. That's that's really what should be discussed. Um and to be honest with you, I don't know. Yeah. So I think that goes back to the planning board and we change the zoning and get a more

definite answer. You make more work for me then. No, you're right. No, you're right. You're absolutely correct because there's number five this evening.

There's this gentleman here dealing with it and that's a topic that was entertaining me today about stowed vehicles. Yeah, we had always discussed as to what registered so you pick it up.

But if it's not, then we say there's not a place in the city of Fall River under our ordinance that allows for that allows for it. So everything is done by this board granting permission either by way of it has to be by variance, right?

Yep. So that area or what you do with them for unregistered cars that are dropped off, what do you do with them?

Right. There has to go to tivven.

Well, I mean and again that that becomes a problem. So, you know, the cops the cops do call for the tow of a car. Yes.

They may not know it's registered or not. You may you're going to hear me say this. There's a guy on my street. He has a flatbed. Every morning, five out of seven days. There's this flatbed with a wrecked car waiting to go somewhere.

Um, yeah. So, I don't know where it's but it has Tibetan plates. It's what I plate. So, I'm assuming he's going to Tibetan.

It's on your street though. I'd rather my street on my street. The other day there were two of them for for the sake of his neighbors and honestly for the for the sake of the car. I'd rather see it and stow than seeing it sitting on the back of a truck in front of your house all night long, you know, or or wherever you leave it. You can pull it

into the yard. You can't take it off the truck.

So So this board, my my last comment No, please. Yeah. is this board is going to act as the city council, the planning board to make that determination what to do. What attorney Brilliant has said is absolutely true for this gentleman. He what's he going to do? He's going to keep it in his yard. He wants to go a place to drop it. Think it's I think it's much better. He's going to go

pocket on Dunar Street. Well, now we know that we have they let anything fly over there. They'll let anything over there. Bring it down. You can pocket a diamond. They can fix it. They're bothering. I know that's not the easiest thing for you, David. I know that. Can't get it out to BCC. They get caught. Um, no, seriously.

I I So, where does it say it's got to be registered and insured? Doesn't it doesn't But it's just contemplated with with making sure that we don't have a junkyard is how do we make sure it's not a junkyard?

Yeah. But again, but again, we don't want to create more problems for ourselves. Would it make sense to put a limitation on how long the problem the cars could be stored there? That's not really somebody wants to keep paying the fee, right, to leave it there. Storage fee. Yeah. Yeah. Eventually owns the car and fixes itself. I don't think I don't think that. And then how long is the

process? So if somebody doesn't pick it up in 90 days and and they and the car is almost useless, we we usually send three letters to the to the owner. Mhm.

Yeah. And then and then what's the process for you to take title of it? How long does that take? A year. I think you got I think you got to apply to the registry of motor vehicles. I did one time. It's not easy, right? No, no, no.

It's not easy. You have to you do have to give certain notice under the statute and then and then then you have to apply to I think to the registry of motor vehicles to allow them to allow you to sell it. Then you can sell it and then you have to put the money aside or what have you offset your towing bill. I I don't know. There's a lot of to try to

make it perfect. I think it'll be very fine number on months or years.

I mean, we could put a date on it. Who enforces it, right? Yeah.

Well, anything is enforceable by the building inspector through the zoning board of appeals, but we don't need to give him more work to do.

You just need to come up with bigger issues than how come prevents these things from becoming junkyards. That's that's No, I understand that. Well, you just limit. We're still limited to the same number of spaces. Yeah, that's not changing. Yes, he's not trying to change that. Not trying to do more. Just again, just trying to do the honestly do the right thing that handicaps him if he

doesn't empty those spaces. Correct.

Well, he gets paid for all them no matter whether it's a car that's been there for 6 months or two days. So, it's the same daily fee.

Let's go to the public and see what Oh, yeah. I mean, on on this one, we're only it's we're only being asked to get rid of one of the conditions. Correct. So, if you do have the ability to make new conditions or new conditions. Yeah, that's fine. Keep it in keep it in mind.

Going to the general public. Anybody here to speak in favor of this petition?

Anybody to speak in opposition? Okay, there being none, it's on our table.

And as Dan has just said, they're asking for one condition to be to be removed.

Uh, is the is the lot the lot's not fenced now?

Fenced in and locked. Completely fenced in. Yep. So, the guy whose car you told can't just No, can't go in there. Nope.

Can't get in there. I move uh Mr.

Chairman, I move approval of the variance.

Second.

What? Oh, I'm sorry. Did you have any conditions? I jumped. No. You want to?

No. No. I just have the conditions. I kind of jumped. I'll just keep it simple.

What do you want to add?

Okay.

Discussion on the motion. Yeah. Just just a point of clarification. So, it's going to be seven days a week, 24 hours a day. Yep. Yes. That's That's too That'll be eliminated. They want Sunday and they want the timeline. Correct.

Right.

So no restriction. No time restrictions.

But all conditions remain the same.

Still six. Nothing else changes. It's just that one condition. All right. Then on the motion. John, yes. Jim, yes. Dan, yes. Alexis, yes. Chairman Prairie, yes.

Thank you. Thank you, gentlemen. Thank you. Thank you. Happy Easter. Happy Easter. Where are we? Number four.

Uh applicant Zachary T.

Dunia. This is on Buffington Street, map, I24, lot 47. The applicant is requesting a variance uh to allow the following. One, raise the existing non-conforming garage located on a pre-existing nonconforming parcel and construct a new single family dwelling wavy lot area, lot frontage, front yard setback, sideyard setback, lot coverage requirements. Property is located in A2 apartment zoning district. Good evening,

Mr. Chairman. Haven't seen you in a while, Mr. Has been a little bit.

Somerset keeps him busy these days. They do. That line out. You're not even on here. Hi. Yes, I I'm I'm pinch hitting on this one. I I wasn't involved in the filing of the petition. For the record, attorney Thomas Kellerin Loft is at 350 North Main Street, Florida, Massachusetts. I represent the uh applicant, uh Mr. Dunia. Uh as the chairman stated, uh we're here before you this evening with regard to a lot of

land on Buffington Street. Um it's not vacant. Um I don't believe it has a street number, though. There's an existing uh I believe a twostall garage that sits almost right on uh Buffington Street. It's maybe off maybe about four or 5 feet or so. Um you can see on the plan is a shaded uh existing garage label uh that's on there. Uh it's also uh situated probably about um seven or

eight feet from the Westerly uh boundary line as well. Uh what the applicant is proposing to do is is to knock down what I would suggest to this board is a rather blighted structure. um that does not conform uh with zoning and uh construct a single family residence. Um as you can see, the residence will be set forth, excuse me, set back about 20 ft uh from the front lot line, which is

a significant improvement over about the 5t that you have there today. um will maintain setbacks of nine feet on either side, which I understand doesn't comply with the zoning requirements, but is um provides at least on the westerly boundary uh a greater setback distance than what presently exists. We'll be able to maintain the rear um property setback. Currently, the lot coverage is

it's at 37% and what is proposed is 37%.

So, there'd be no change with regard to the lot coverage, although again it's it's non-compliant with the 30% lock coverage requirement. So again, we're dealing with a lot of land um about 5,000 square ft. Uh if you look at the plan in the surrounding neighborhood, some of the lots certainly are bigger, but if you go directly across the street, you're looking at a a lot of land that's 4,100 square ft. Um two

properties down to the west, uh there's a lot of land there that's 5,910 square ft. So this lot is not certainly out of the character of the neighborhood.

You've got a mix of uh single family and multifamily dwellings.

uh we're providing for two off- streetet parking spaces which complies with zoning. So I would suggest um it alleviates any concern um with congestion on Buffington Street. Uh again taking a a blighted property um putting a new home on it and I would suggest to the board is certainly an improvement over um what exists there today.

Yeah, that building is an attractive nuisance. No doubt. Um surprised it hasn't burned down yet. That's my neighborhood. I'm surprised it hasn't burned down yet.

It's on live TV. Um, it is my neighborhood.

I know.

Okay. I have no questions on this. Any questions from the board?

The only thing I'll add is that this law is this proposal is almost exactly in keeping with what you've requested the A2 zoning district to become, which to let you know, we are in the middle of that process uh before the city council and there so we're just we're short 2T of frontage, one foot of sideyard each and the area is actually 48 square feet bigger than what we've recommended. So

to wait a little while, relief may be less, but be it'd be interesting to know how this lot came about. It's almost like it was a family left over at some point in time. No, but originally all of these neighborhoods were probably all made up of 48 foot wide lots and groups of them get conveyed over time and some just some just remain with with the actual width.

My my experience with some of these older what they would do is they would do a subdivision with again lots all the same size 48 ft of frontage about 5,000 square foot lot people would come along and buy two or three at a time or one at a time and I think a few of these cases um and so I think this one kind of got got left over through time. Yeah. Okay.

Going to the general public. Anybody to speak uh in favor of this petition and support? Anyone to speak in opposition?

Hearing none, it's with the board.

Mr. Chairman, I move that we approve the variance as requested as presented.

Okay. Do we have a second on that?

Second. Second by Alexis.

Discussion. Hearing none. John, yes.

Jim, yes. Dan, yes. Alexis, yes. And Chairman Prairie, yes. Great. Thank you very much. Attorney Kane, that might have been the fastest one you had in front of us. That's great.

Great great amount of prep. Not so fast.

No, I'm not going.

One more. Number five. Applicant Brian Maderas. Care of Attorney Thomas Poyan. 35 Oakrove Avenue map L9 52. The applicant is requesting zoning relief to allow the following.

One, a variance to allow the applicant to stow towed vehicles at the property. Relief is required from section 82 attachment to table of use regulations of the city of Fall River zoning ordinance. Number two, a special permit to allow the stowed vehicles to be located within 10 ft of the street line front and side sections 86444B and uh 86445. The property is located in a BN neighborhood shopping

zoning district. Good evening again, Mr.

Chairman, members of the board. Again, for the record, attorney Thomas Kellerin representing the applicant, Mr. Brian Maderas, who's sitting with me um this evening. U property at issue is 35 Oakrove Avenue. Um the lot's about 24,000 square ft with roughly 219 ft of frontage along Oakrove Avenue. Presently the property is being utilized as a auto uh automobile service station. Um they

do inspection stickers. Uh I think repairs. Uh there's a car wash there. Uh there are gasoline pumps um which I don't believe are are operational at the present moment, but ultimately I believe would be Mr. Maduras's intention um to once again uh put those back into business. Uh we're here before you tonight um to allow for the stowing of towed vehicles. Mr. Maderas operates uh

Troy City Towing. Um he's been operating that um on uh off of Flint Street or on Flint Street uh for a number of years prior to him. I believe his father was was operating the business. You can correct me if I'm wrong, Mr. Maderas. Um but ultimately, Mr. Maderas uh would like to relocate his business uh to this property here. Obviously, this provides him um with uh greater opportunities to

have his business thrive to incorporate um the automobile repair component along with gas and the car wash. Uh we're certainly sensitive to the fact that um where this property sits. Uh it's kind of a mix of commercial and uh residential use, particularly along the rear of the property. Um there's a number of residences along uh the back side. Um if any of you familiar with the property have had an opportunity to go

by um there's some existing fairly large trees along the rear of the property. Um what Mr. U Maderas would certainly do and he has heard I'm not sure if he heard directly from a neighbor or he heard through um the owner of the property who's here this evening, Mr.

Peard, um that these the neighbors like the trees there and we understand that he like the trees there. We certainly wouldn't look to um do anything to impact the natural screening that's there. But what Mr. Maderas uh intends to do is to plant a row of arrivites along the rear of the property line to provide some additional screening. Um I've also been in touch with or I was contacted by um attorney David Assad who

I believe represents the butter to the south um which is the existing uh commercial building. Um there's been a request I believe by that um neighbor that Mr. Madera is construct a a vinyl white vinyl or I don't know about the color but a stockade fence um in between those two property lines. So that'll be the southernly property line for the property at issue of the northerly property line for the property that sits

on the corner of Bedford Street and Oak Grove Avenue. Certainly attorney Assad can can speak on behalf of his client, but I I can tell you um that Mr. Maderas is uh certainly committed to doing that and has no no issues um erecting that fence has been requested. With regard to the business itself, the the existing, you know, gasoline repair, car wash business, uh it's my client's intention

to operate that from 8 a.m. to 5:00 pm um 7 days per week, which I believe is consistent with the existing hours of operation. Uh today, uh as this board heard earlier, uh with regard to the towing and and actual stowing of towed vehicles, um there is no definitive timeline in terms of when that can happen. Uh my client doesn't do what I'd call any private pay towe. He doesn't um

do toes for AAA. Um he's one of the 10 companies that's on rotation for the city of For Police Department. That's strictly his towing business. Um and and that wouldn't have an issue if if the board um restricted um his tow operations to to that. Is that correct, Mr. Maderas? Just doing towing for the for a day. That's all that would be stored there. Okay. So again, uh if he

gets a call, sometimes it could be late in the evening. Um the way it would happen is is Mr. Madurus resides in Westport. He keeps his tow vehicles at his home. He leaves from there, does pick up the towed vehicle. Obviously, he would like the ability to go to the property um to drop off the towed vehicle. Uh, one of the things that he he does um currently um if he's after

hours, he will disable his um any kind of backup alarms um on his vehicles. Um if it's the middle of the night and you know he's got a a a excuse me, a vehicle up on his I'll call ramp truck. Um sometimes he'll just leave it there for the night instead of taking it off um so as to not you know cause any noise. Um and then when he gets there early in the

morning in the morning during normal b business hours he'll take the vehicle off. Um so again it's his intention uh to be a good neighbor.

Um Mr. Maderas has advised me that he hasn't had any issues um from his Flint Street operation which is in a heavily residential area with with neighbors uh very in very close proximity to his property line even even closer than what we have in this particular station where the towed vehicles would be stowed is over on the norly side of the property.

It's kind of the gratiated area. It's kind of L-shaped. Um there's proposal for eight 8 and 18. So 26 spaces there.

Um, I know there was discussion earlier about how long does a towed vehicle typically last at the site. So, Mr.

Maderas was able to educate me while that hearing was going on. Um, because that's a very fair question. Um, typically what happens, the vehicle comes in, and correct me if I'm wrong, Brian. Um, they send out a uh certified mailing uh within 6 days. Um, that gets sent back to them or they don't get a response from them. and they send out another um certified mailing um within 6 days and then if they don't get a

response at that time um there's a process for junking the vehicle uh which I believe requires a publication in the newspaper and some additional steps um or if they feel the vehicle has some some value then they can go through that process of um trying to acquire title to the vehicle. Mr.

advises that at most a vehicle stays on the property maybe 4 months. That's at most. They certainly don't like vehicles to linger on the property though. Um that means that they can't go and pick up cars. If they're full, then they get a call. They've got nowhere to go. So, it's in his best interest, just like I think it would be any company's best interest to turn these vehicles over to get them off the

property. If they don't do that, then they're going to be hamstringing themselves and they can't continue to operate on. So, I mean, again, what we'd like to do is again keep the existing use in place um but just have the opportunity to store towed vehicles um on the site.

Okay. I mean, my concern right off the bat is there's a lot of residential in the neighborhood and, you know, we're talking having cars stowed right up to right up to the front and side lot lines to to the north and west lot lines.

Um, to not have to do that to push it back, obviously you wouldn't have 28 spaces. You you'd lose spaces. Curious, how many do you have on Flint now? How many spaces do you have? He has 20 um 20 spaces over on the Flint Street property.

Are you going to maintain the operation at Flint as well? No. No. So, you got no backup to this? It It fluctuates. It Sometimes they will go fast. So, there's months we have three or four sitting there. There's months like right now they're doing a lot of unregistered unrades. So, it goes up and down.

Sometimes it we get three or four, sometimes we get 10. It But but to answer I think the chairman's question was how many spots do you have there?

There's there's 20 spots there right right now I to to in full disclosure if you went by um it's pretty close to capacity right now again because as as Mr. Maderas explained to me that there uh the city uh that the PD kind of has a a a movement right now to try to get unregistered vehicles off the streets.

Um, so right now I I would say that it's it's a little bit busier than typically is. Um, like I said, there are going to well, like he said, there are going to be periods where you may just see a few vehicles there. Um, and it it really it really does fluctuate with regard to the actual storage of the vehicles, and I I certainly understand the chairman's point. Um, there is a buffer um on the

rear of the property. So, we're not going right up to the property line with these the storage of the vehicles. And again, Mr. Maderas is is committed to certainly keeping the existing vegetation but doing some in planting in between those trees with some approvites uh to provide some additional screening.

Um and I think that'll provide some some really good buffer a really good buffer especially visually uh for the properties to the rear. And then when you take a look at the um northerly side of the property um those those cards would be right up against um Oak Street there. Um, I happened to travel over there today to just to kind of have the property fresh in my mind. That's kind

of a I I would call kind of a sleepy side street. I was a little bit surprised when I turned on it as to how how quiet it is. So, I don't I would suggest to the board that having the vehicles um in close proximity to to um well, it's both I didn't mean to say oak. I meant to say bey. I apologize. uh to bey um wouldn't have a significant

impact on on a neighbor is what I would suggest to this board.

Um so all of the uh vegetative border to the north is going to be removed back up to that out building in the back.

So, so when I went out to the property today and I again I drove around I that 15t wide vegetated buffer I I don't know how No, he means I'm beating just I apologize. I I apologize. Um Yeah. So, so whatever right now the existing parking lot looks to be about 15 ft off of the right of way. Right. I I apologize. I thought you were talking about the rear of the property. Mr.

Frank talking about Yes. Yeah. It would it would go virtually right up to the property line.

What kind of fencing around the uh the stowed vehicles? It'd be a chain link fence. Uh the rollway chain link fence. Um I questioned him on that as well. Um privacy slats. I'm sorry.

Privacy slats or or just open chain link? Yes. Okay. Yes.

And I'm I'm assuming only because it doesn't show a gate, there'll be no access coming from Bey Street. No access from Bey Street. Absolutely. That That's correct. Only way to access that the stowed vehicle area would be from on site. Yeah. But only the stowed vehicle area is fenced. Correct. That's correct.

Okay.

So, is that is the rolling section of that pretty much where this this drive is shown over that concrete pad which was Yeah, they're showing two two rolling gates. There's two rolling gates there. Yep. Got it. Got it.

Okay. All right. Other questions from the board. Going public. Anybody here to speak in support of the uh petition? Anybody to speak in opposition to the petition? Yes, miss.

Just name and address, please. Mr.

Chairman, members of the board. My name is Dorito. I live at 700 Shore Drive in Fall River. I'm here as a very proud resident of the city of Fall River and very proud for the development and the accomplishments of the men and women of Fall River who have brought Fall River such a long way in the past 20 years.

And again, that's facilitated by the CBA because you evaluate and you determine which exceptions to approve and which not. I drive by that corner um Oak Grove Avenue and Bedford Street almost daily because I have family members who live there. So, I drive by there almost every day. And um again, I am aware that the petitioner is a very good person from a very good family and and and is a very good uh member of the

business community in Salt River. So, I'm not doubting that. However, I strongly oppose to their petition for a variance in this neighborhood which is designated as a business neighborhood zoning district. And I also strongly oppose um that in the event the variance is granted that their special permit to allow stowed vehicles be placed within 10 ft from the front yard which would be Oakrove Avenue and 10 ft from the

sideyard versus the 35 ft as required by the zoning ordinance. Now the definition of Stow, aren't we lucky these days?

Right? So, uh, Oxford English dictionary says stow means primarily refers to the verb meaning to put something away, store it or pack it away in a safe place. So, Dan, I hope I answered that. Well, I I asked what our definition was in our ordinance because it could be completely opposite to that, but that's that's at least something. I know David Assad mentioned that. However, the reality is

if they bring in a registered vehicle, the registration can expire within a month and earlier today uh turn referenced um what happens to junking the vehicle. So, in reality, this will be a junkyard. Maybe not today, maybe not tomorrow, but just like the prior petitioner, in five years, they're going to come back asking for something else.

And in this neighborhood, this is the absolutely worst neighborhood. Fall River is a the city which has many good places for this petitioner who again is a good person, good family, good business member of the community to to relocate their business. And again, I drove by 330 Fun Street. I drove by Troy City. It's not the same street as 35 Oak. It's not the same feel. It's not the same neighborhood. Okay, so I hope

that answers your question. Now, the other thing is um the zoning district.

Pardon a little show and tell. This is a zoning map. I did everything very last minute. So I I I asked for your um your patience here, but this is a zoning map and this here is zoning the zoning area business neighborhood district. And this little area is the corner where the three unit plaza is and right next door is the subject property 34 Oakrove Avenue. As you can tell, this business uh neighborhood district is a

very very very narrow limited area which basically encompasses Beckford Street.

All around it are zoning areas that are either either S which is wide areas, single family residences or the TN for general residences. So this junkyard will be completely surrounded by residential areas completely surrounded.

So I do have an exhibit for the board an 8 by10 form and I please ask that you accept that and to have as an exhibit Mr.

Chair I marked with an X have a mark but I apologize was very last minute. Okay.

So, again, I'm a I'm I'm very happy with that neighborhood. And as you ZBA has as you know firsthand, there's been a lot of um newly constructed single family homes in that area. Specifically, Oakrove Avenue, a few blocks down, London Street, and Bey Street. Brand new single family homes. And now you're going to put a junkyard there. And aside from a granting that use with that variance, you're going to allow the

stowing sowing of vehicles 10 ft from the street in Can can you do me a favor?

Cuz if you say junkyard one more time, I'm I'm going to make you stop. No, no problem. He is not here for a junkyard.

And as you saw from a previous petition, because you've been here for the entire evening, Mr. Hathaway stopped another gentleman in the same business from taking something off. He he didn't stop him from taking off his truck. The city watches these things.

All right. So, if approved, whatever is imposed as um as conditions for the approval is not going to include being in a junkyard. Okay.

So, there are protections for that. So, it it's a it's a cool tactic. Not here.

Stop calling a junk, please. All right.

Thank you. So, but again, but if you stole the vehicles 10 ft from the road, that encroaches more upon the neighborhood field, the residential field of the neighborhood. Okay. Um, if you do grant this variance, at the minimum, I would say there'd be a vegetative border in the front on Opal Bath because that's where there is more traffic versus Bey Street, which which there is no entrance. Okay. And like I

said, that whole area is, you know, we've done great strides. Now, we do need the petitioner's business. We do need them and they're good business people. However, this area is not the best area. This this variance will derate from the intent and the purposes of the zoning ordinance and um and such a variance will will take away from the Oakrove Avenue neighborhood. Again, I believe they're a great business uh

member of the community. I appreciate their investment in the community. you want their investment and I hope you find a suitable location for the business but this is not this is not the area. Now if you look at the zoning bylaws um stowing vehicles is not is not allowed by right in any zoning district at all which means that places a heavier and more a heavier burden or responsibility on this board to

determine where are the right locations to place such an With that, I yield. Thank you. Thank you.

Anyone else in opposition?

As a side, Mr. Chairman, members of the board, my name is David Asen. I'm an attorney licensed to practice in the Commonwealth of Massachusetts. I maintain offices at 326 Pine Street in the city of Fall River. I'm here this evening on behalf of my client, Broadway Properties. Uh, and he's the it is the individual or the entity that owns the property at the corner of Bedford and

Oakrove Avenue. Direct the butter to the south to this property. Um, I understand we've talked about stowing the vehicles.

We talked about the use of the property.

Uh, certainly they need a variant and that's up to this board and I defer to the board's uh, knowledge and expertise in understanding whether or not attorney in this particular property meets that burden. So, I'm not going to be late at that point. You all know how to make that determination. Um, the property uh stowing of vehicles is not allowed in any district in the com in in the city of Fall River under our

ordinance. Uh, the owner of Broadway properties because this particular area that's going looking to get developed for the stowing of vehicles is at the opposite end. His only request was to Mr. Colorin was correct was to put up a 6 to 8 foot vinyl white fence that separates the property that it's not really allocated um so it's not seen on his property very personal to his own uh

ownership and development u but as I was listening to this conversation this evening and I know it's not the board's job to legislate uh but if the board is inclined to grant the variance then maybe one of condition should be the 20 cars or something on Flint Street be eliminated as part of it. So you end up cleaning one part of the Flint neighborhood with the um stowing of vehicles and now have it uh if it's

going to be it's going to be on this Oakway Avenue, but other than that I'll leave to figure out what to do. Has he met the burden? Has he not met the burden? uh there are those residences to consider, but that's the only input that I have at this point in time. Thank you. Thank you.

To the hardship.

So, I I I think you're dealing with a a piece of property that um and and I certainly don't mean to to deismmerge Mr. Peard who's here and I think he's as he told me out in the hallway has been working at this property since he was 13 years old. Um the property certainly um could use a a facelift so to speak. Um I I think that um in the area where the

stowed vehicles are um it's a little bit rund down over in that area. I I would suggest to the board that what my client actually is going to be doing would be an improvement um to what exists there at the property. Um right now again with the chainlink fence with there being slats in it. It's not something that's going to be visible from the roadway. Um he's committed to putting screening along the

uh just the easterly uh rear property line. Um he's committed to putting the screening as requested uh by the neighbor along the southerntherly property line. Um I think attorney Assad's uh suggestion um makes sense. Uh my client is is perfectly willing if the board wanted to condition um this approval upon uh the Flint's free property no longer being utilized for tow and stow so to speak. Um that's

something that that he's perfectly agreeable to. Um but again I I think what you what you're dealing with again it's a tough situation because this is a proposed use that's not allowed anywhere in the city but obviously it it is occurring in a few different places throughout the city.

Um, I I would suggest that allowing this use allows this applicant the highest and best use of the property. Um, again, he wants to make a go of the existing business that's there. He's certainly going to make improvements to it. There's going to be a significant cosmetic facelift to that property. There's going to be an overall beautifification to that property. U, but he certainly doesn't

want to give up um his existing business that he has now. And again, I would suggest that uh given his commitment to uh protecting the neighbors, being a sensitive uh business neighbor to them, uh I would suggest that uh to the board that his request this evening is reasonable.

And and again what is the hardship that requires this variance not just for the use but for the proximity to the uh you know coming up to the property line. So so stowing the vehicles um up near the property line is is part of the special permit request.

Um so I would suggest to the board that it's not substantially more detrimental to allow that use. Um, again, we're going to have screening that, um, you know, shields the vehicles from people that are going along Old Grove AB or or BD Avenue or BD Street, excuse me. Um, so the standard certainly is lesser for a special permit as this board knows.

Um, as opposed to the granting of a variance. Um, and I would suggest to this board and I understand every petition stands on its own merit. So, I'm I'm I I say this cautiously, but but that's that's relief. I think that's very commonly granted especially um with businesses.

So the butters to the rear which are which are obviously residential. Yes.

Was there any discussion with them? You you had talked about um you know that they like the tree buffer that's between now. So have you had discussions with those? I'm surprised none of those neighbors are here tonight. I guess that's the thing that so standing out in my mind right now. My my client did receive a phone call um from Inabutter.

He is not certain as to who that individual is and not 100% certain as to where they live. They had questions about his proposed use, what he was going to be doing there, um what he was proposing there. Um he explained that to the abuter and as the conversation wore on, he got the indication from that abuter that um they they were pleased with his responses in terms of what his commitment was to providing um some

screening for the utters. With regard to the existing trees that exist there, that's information that my client got from Mr. Peard, the current owner. Uh it was my client's first intention to think, hey, maybe I'll take these trees down and just put a full row of of arbites in the rear. U Mr. Peard indicated that a lot of those neighbors um like those existing trees that they're fairly large, but obviously the

leaves fall off in the in the winter time. what my client would be uh committed to doing and again it'll he'll defer to what the board prefers um is doing implanting in between those trees or again he can take them down and make a full evergreen hedge. Um but again he certainly doesn't want to do something that that he knows that his neighbors if if if they like them he doesn't want to

disturb that. Now is your client going to be leasing this entire property potentially buying it buying it he's has it under agreement to purchase. Okay, that's fine. So, it would be auto service um possibly a filling station at some point. Correct. Correct. Okay. And the tow business, right? And the car wash.

And the car wash car washes. And the car wash. You going to kick that car wash back in? It's it's it's his hope, too.

It's still It's still operable. Oh, it is. Yeah. He's still using it.

That's right. I did not I did notice cones there for a pathway to get in there today.

$10 a wash. I saw that today myself as well.

I'm sorry. Are we derogator? It's the only thing we're looking to change is to store vehicles. Okay.

And again, the the faster we move them, every single one of those spots is considered real estate to us. If a vehicle sitting there and it's not doing nothing to me, it's not making us money, right? But when they're drunk, they go to the junkyard. They're just there to storage until the owner is going to come for them or they got to be off their streets. Nothing stays there. So the the

the towing you're doing for the city, is that mostly for vehicle removals? It's accidents, sir. It is accidents as well.

So you have to bring it in, Rex. Okay.

And snow removal, they have a special place you take them to or would that storm removal also goes down.

Anything to do with the 40, that's what would be used for. I mean, at at times though, just just so the board is aware, not every vehicle that he picks up and toes for the police department actually goes back there. Sometimes if it was say for a DUI, it may be going back to the police station. Um, sometimes people on site say, you know, this is my auto repair shop. Please take it there. Okay.

So, so they don't they don't all come back here. Yep. Yeah. Everyone has a preference to where they want the vehicle. Okay. All right. So, you're dealing with accidents and removals. So, somebody Okay. Somebody parks across the end of somebody's driveway. No, we don't do private police. No, I'm saying if the police only if Yeah, only if it's a call from the police department. That's fine. Dan, you have

anything on this? Um, just call to your attention that variance for use. One request, special permit with regards to the proximity of the street. Um, days of hours of operation, I think have been spelt out today. Um, I have concerns about the special permit part of the request as we'll be removing the existing heavy vegetated screening along Bey and that does provide screening for the residential property across the

street that is improperly uh noted on the plan. They also have it listed again as Broadway properties in the same mapping lot, but it's actually owned by someone different, but it is a residential property. So, screening for the residential properties is a concern.

Beyond the screening, um, bringing that fence out to Oak Grove Avenue and Bey creates a sighteline distance as well- with people coming up to that intersection. So, so now you you will you will see nothing.

So, I can't say that I would actually recommend that reduction in getting for the special permit. Um, we can deal with things like new screening, new fencing as as some of the abutters have asked for. Um they've answered the questions about no access to Bey Street. Um this is an opportunity to to make site improvements and this board can condition it the approval in any way it sees fit. It can require interior

landscaped islands. It can the hatched area for instance in between the parking spaces and the car wash that could be curbed and could and landscaped. So there there are different things that you could do. um closing some curb cuts, adding some some green space along that uh Oakrove Avenue section um where the special permit is being requested to be up against it. So, I don't think you

should close your mind to what potential there is to make improvements, but you you do have to listen to what what neighbors concerns are um and how the property as a whole will be handled.

every other use on this property allowed by right in the zoning district.

Correct. The the parcel itself completely complying to the zoning district. So there is no variance currently acting or operating on this piece of land. Correct. This would be the first. So we have a completely conforming parcel. We would not be making it non-conforming, which is not something that the board normally looks favorably upon. But this is with regards to use, not subdividing or anything like

that. I I personally do not have and I'm just going to say it. I personally do not have a problem with a stove. I don't. My problem is coming up to the lot lines. Yeah. Because theoretically, you just mentioned if it's just repairing of vehicles, he could go pick up my 1984 Jeep Wagon that needs to be fixed. Yeah. And it could sit in that same piece of pavement for 6 months,

right? Falling apart. So the vehicle if you paid on the real estate it's could I could I think your question is coming down to the number of spots. So right so so as as Mr. Ragier was was speaking and I think I've heard from a few of the um board members tonight um right now he's he's got 20 spots. Um, so as proposed and what I'm talking about at Flint Street, sort of what

we're proposing here is is 26.

Um, I think it was Mr. Frank that first brought it up was the vegetation along Bey Street. Uh, what we would would suggest to the board and what Mr.

Maderas is certainly willing to do would be to eliminate those so the forest spaces that run along Bey Street there.

Um, and that that'll allow for some of the natural vegetated buffer to remain and he can certainly do some implanting there. Um, but if we eliminated the ones that were up close to Oak Grove, then it's going to start to take him below the the where what his capacity is now.

Uh, well, it would be on existing. So, if we look at the spots out near Oak Grove, they're on the existing pave. One of them is borderline, but one of them is not. So, so you could theoretically shift everything either 10 feet or onto existing pavement and maybe re real reallot where you're putting the I don't think the number of spaces is is a question. So maybe it's 26, maybe it's

30. May maybe you can look at can I creep even further into the lot eliminate in here. So the actual number I don't think is the big deal. It's it's it's not it's where you're putting it.

Yeah, we certainly didn't want to go further to the rear. wanted to respect the abutters to on the back side. Um, but even at that, you you have space on the existing asphalt. So, you're you're showing 15t wide vegetated buffer.

That's to the end of the existing asphalt. You could slide 1 2 3 4 5 6 almost seven spaces further west to the edge of the asphalt, still providing the vegetated buffer. And that'll give you some more room up front as well. So, it won't I don't can't go over the tanks.

you're talking about also sliding some of those front paces, shifting them around entirely so that they fall on the existing pavement so all existing screening can remain. Um, and then we're not be further in the the issue that Mr.

Maderas is pointing out to me if we shifted things over to I guess it'll be a subtly direction is is the underground tanks for the for the gasoline is there and I I guess there are some issues about putting fencing over that. Is is that right? Yeah. I don't think you want to drill in there to put fence posts. I know. But but that would actually sliding what I'm telling you to

slide westerly, sorry, easterly is going to remove that front row of spaces off of that area. The back the back two bays, the 18 spaces anyway.

Okay.

I mean, you're the one that's trying, you know, it it's 5 pounds of cars in a 10 pound bag. Um, so where where you put them, it has to work for you. Um, but with the understanding, I I would think that with the direction of not big on the special permit and getting rid of that buffer, maybe you want to take a shot at at redrawing this. But that's

that's up to I don't know what your time time restraints are. All right. Just what they're saying, I think, is that they'd like to see a different plan. Would you try to remove some of the parking spaces? Do you even have to possible what might happen? I don't want you to say we can live with 20 and then maybe you could have gotten more if the engineer drew it a little bit differently.

just inspection.

Yeah. I mean, he's under a bit of a a a tight timeline from a from a closing perspective. Um well, this board can can can grant a condition on, you know, not granting the special permit, giving you a number of vehicles in that area, you know, not to go beyond the shaded area if you can live with with those conditions and then you get what you get or to take the time and

maybe you get a few more spaces if but if you don't have the month to do it, then you don't have the month to do it.

So I I understand that end of it as well. Yeah. So just in terms of the the buffer, so the the bylaw calls for a 10-ft setback, correct? Um, which is and I think we can we would be able to maintain that on the what I call it. You could actually extend the pavement still because that first space is only nine and you've still got room yet to the pavement on which side?

On on the bey street side. Bey street.

Yeah. And and that's I think my that's my greater concern is bey street side.

So, oh yeah, you got a small plan and and it would that would mean eliminating four of those spaces or shifting this and you can maintain the number.

This is a 9 ft space from this dash to this dash. So from the property line 10 ft this is more than a foot. So you're probably 10 ft you're probably going to be in here. Okay, pavement is already here. So this pavement can still now come out to there. So now so your spaces will begin there. These spaces can come up to this line or at a 15t offset or whatever that

vegetative buffer needs to be. So these can shift lose one two three four this one because when you look at the 10 you can probably fit this one. So yeah you're going to lose one two three four right and then you're on paper. That's what we're Yeah. If if we're comfortable with that. We're comfortable with that.

So you can withdraw the special permit if you want to do that. But but I still need it for Oakrove AB, don't I? No.

Well, it's going to fall on existing pavement. Or you can limit the special permit to just deal with that because that's on existing asphalt. So that's I Oh, I I understand. That's why it's always easy to get a cleaner plan, but I understand we don't want to Yeah, we want to fix it now.

Um but I but I I just I think not just the elimination of the spaces then not to split hairs it. So it would be we've got to maintain the 10 ft on the Bey Street side. Y um but I think we still need to ask for this special permit on the Oakrove side and and that if that's something that the board would entertain. That is paved at this point.

That oh in the front Yeah. Oakrove Avenue is paved. Yeah. I think the whole lot is paved.

It's not the way the plan shows and it shows all the trees grew through the the paper. Then you should have your surveyor redraw the plan. But but we're we're we're comfortable with the the 10 ft on the Bey Street side and it would ask for the special permit. Is it paved to the fence? Is that is your property paved to Bey Street? The parking lot.

It's all vegetated along Bey, right?

Vegetation on that side. Yeah, it's pavement. But it's all trees. It's all trees. Yeah. So nobody's using it. No.

No. Right outside the trees are grown through the cracks. But but I but I what we're suggesting to the board is we would maintain the 10-foot requirement under the zoning ordinance along Bey Street. We would ask for the special permit along Oakrove Avenue, which again is is already paved out and there isn't vegetation growing through that pavement.

But Oak Grove Avenue up to the 10ft offset of Bey because at some point they're going to intersect. So you're either calling it Bey or Yeah. Yes. For the entire length of Bey. for the entire length of bey. Yeah. Mhm.

Yes. To me that's that's that's a major step. Anybody else questions on this or comments on this? Everybody following what we're trying to Yeah. Okay. So, and you'll get a bill for design services.

So, we'll looking at no more than 24 spaces. Yeah.

Yeah, that's all right. Or am I 26 22 26 - 4 22 22 22 and then whatever other contemplated screening or fencing along the remainder of the site that you wanted to to deal with or site improvements. Yep, that's where it's at. Any other questions, comments? If not, we have to decide with we have to lead with do we want to give a variance on this and what are the conditions of the

variance and then the special permit we have to we would have to allow the stow otherwise the special permit doesn't mean anything and if we allow the stow what are the conditions under the special permit

Let's take the first one. I move approval of the uh variance for use.

Any conditions on fencing? Should the conditions go on the variance? Yeah, that's what I Yeah, because that's because some of the fencing has nothing to do with the special permit aspect of the site. Let's say maintaining vegetative water in the whatever north of the property. The establishment of a uh fence border on the west and south the No, the entire the entire area where where stowage would take place would be

fenced. Yeah. Right. But the a perimeter of the property second perimeter fencing between the Broadway properties area of fenced area that's a separate Yeah. And then we also had the uh fencing or the vegetative border on the east side on the rear 15t wide and the rear. Yeah.

That that one we got but we got one on the east also between on the Bedford side.

No, there's no vegetative board to the Well, not veget.

Yeah. 6 foot white vinyl fence is what was requested requested on that. Yeah.

Okay. And that's between Broadway properties. Yeah. So that's the south end of the property. I would wrap that around the corner to the end of Yes. the building line or asphalt line where that existing stockade fence is just because we don't know the condition. But for aesthetics, wrap that corner. Let's make sure we don't Let's make sure we don't bring that all the way down to the street line

on Oakrove Vab because you'll have an impediment of view when you're trying to come out of the uh coming trying to come out of the car wash and turn if you're going to be turning to the south. Ter, how far down that property line would you like to see the fence coming down to Oakrove Avenue?

Mr. A, I'll leave it to you as direct engineering. How far? So you don't because that's true. You don't want to have an impediment. I'd say of cars exiting. I'd say you want you want to leave at least 10 ft from Oakrove Avenue so that you can see traffic coming from the left as you pull out of the car wash. Yeah, it looks it looks to be about 20. Okay.

Up to the corner of the car wash. Yeah, that that that's back a little bit more than 10, but that's fine.

If the butter is okay with it, let's go with the 10 ft.

coming all the way back to the car wash.

We don't want to set up a you know automobile.

I don't want Brian Cun in company to be standing there. The cars are getting hit. We have uh discuss uh hours of operation. They offer that. Yes. So um 8 8 to 5 7 days a week for the regular business. For the regular business operation. So that's all the car wash is going to be open.

Yes. Car wash will be open. only 8 to5.

Yes. 8 to 57 or whatever. I don't know what the hours are in. Hang on. We're all over the place right now. That those uses existing uses have no have no correct limits. There's no relief being requested. The the only hours of operation to be discussed should be what the variance is related to, which would be the the stowing part. The varian. So, what are we looking for for stowing?

24/7. 24/7. Yes. Yeah. I just wanted Just wanted to hear it.

This is the most complicated record. Well, it would be easier with a revised plan and then we can just say in accordance with the plan, but we don't have that. We're not g we're not afforded that luxury tonight. Are you getting rid of flip street? Excuse me. Are we getting rid of the flip street? They had offered that.

Yes. So, I mean, how can we put restriction on another piece of It's really licensing, but it was it was offered. Yeah. But you can take it for whatever it's worth. nothing to say that somebody else isn't going to come in and take that over and use it for stow. We can't control my only question whether that was done by was done by we don't know. It was never offered to us where

he was operating until just now. So even if even if he does away with he doesn't have the ability to deal with the real estate.

So he may not rent that piece anymore, but that doesn't preclude someone else from renting it. So, in the spirit of full disclosure, so they own the property, they've since sold it, they have a temporary lease there that's expiring until they can find another location. His understanding is the person that's going to be uh utilizing the property is going to be doing some kind of like auto body repair or

something like that there. But I I Are you going to represent him come back in?

I understand. As long as he's not coming back for Stow.

Okay. Okay. So, we have a motion on the variance. That is all over the place, but yeah, it's a motion on the variance.

Conditions of that variance would be maintain the vegetative a 10-ft vegetative border along the Bey Street side of the property. Mhm. 10 foot, right? 10 foot wide. We're going to keep the set back to 10 ft.

Fencing around the property will be of chain link with privacy slats for the sto for the stowed area. Not around the in the stow area. Yes.

Do we condition right now the number of spaces at 22? Yep. 22 spaces. White vinyl fence. White vinyl fence along the southern side. southern side of the property gets a a white vinyl fence along Broadway properties there section that's Broadway property structure that fence not to come any closer than 10 ft from um Oak Avenue for visibility exiting the car wash and along the easterly boundary to the

edge of the pavement easterly easterly boundary we maintain the trees that are existent no no they're along this end. Come up the white fence. Yep.

Then then bang, go north along the edge of that pavement there. There's no there's no vegetation there. Okay. All right. So, right around the back of the car wash then. Exactly. Just to make an L of the same type of sense. You don't have a problem with that? No. Okay. So, that extends in an L property going about 30 40 feet to the north.

Maintain the vegetative buffer that exists to the to the east.

Would you still add arroite to that to the to the back proper? Yes. Yeah. I'm going to I want to clean it all up.

Okay.

Okay. So, maintain and improve with our providing the vegetative border that exists to the uh to the east side of the property.

that small out building. Is that staying there or is that coming down? What's in that? I You don't know what's in it.

Yeah. Once we get to the the the way it looks like it might it might be coming down. That's Mr. That's the owner. What's in that little the the shed out in the back corner who used to store oil there? Got it. Oops. Is it still existing? Yes.

Yeah. It needs a roof. It needs some TLC.

So, there's a good chance that won't be there any longer, Mr. Chairman.

Does this need site plan? Yes. Yes, absolutely.

What else am I missing on this? I shouldn't even be writing these things.

I mean, if we had a revised plan, no.

But at least through site plan review, we can memorialize everything on on a piece of paper. How can we require that?

revised site plan or plan be presented for who's it going to be presented to to to the site review committee. Well, that's site plan review. Yeah, I know.

But but that they have to give you a new plan. How he the motion is it's going to be filed for site plan review. So So he has to give a plan through through that process. And and the the plan can reflect these conditions. Absolutely.

Yeah. That's the intention is to have okay a plan somewhere. Yes. Some authority that memorializes these conditions.

We have all this.

You're good.

Second to read by chicken scratch but it's all call me. Very good. That's what video is. We have a second. Second. Very good. Who seconded it? John. John. John.

Then on the motion. Are there any questions on the motion before we move forward?

Alexis repeat. Yes, Dan. Yes, Jim. Yes, John. Yes, Jim Fury. Yes.

Special permit. Special permit.

Bifrocade. Yes. Make a motion to grant that this is not more detrimental to the neighborhood with the removal of the four spaces along Bey. No more than 22 and 10 foot. Do we have to do the 10 foot border on this as well? Yeah, because you're modifying the special perimeter request was to do it all. So now you have to modify it in some form of fashion. Ah so that eliminating the

special permit be granted along Oakrove Avenue to the 10ft offset of be something to that effect. Eliminating the four spaces and keeping a 10-ft vegetative border along Bey northern edge along Bey Street along Bey the full continuous length of Bey all the way to Oko Avenue.

We'll never get anything to grow grow where the oil building was.

Second motion and second. Any discussion on the motion?

John, yes. Jim, yes. Dan, yes. Alexis, yes. Jim Furry, yes. Great. Thank you very much everyone. Thank you. Have a nice Easter. You're welcome.

Citizens input. No one signed up.

Approval of minutes.

We

have they're in here and they were emailed to everybody. Thank you. They're also in the iPad. If you don't want to jump tables, don't ask me. Thank you again everyone. Good night.

Um, all right. We have a motion to um wave your reading and approve the minutes. If we have a second on the motion, Alexis, yes. Dan, yes.

Jim, yes. John, yes. Chairman Perry, yes. Motion to adjurnn. Motion to adjurnn. Do we have a second? I on the motion. All in favor? Hi.