2.11.2026 Planning Board

like to welcome everyone to the Wednesday February 11th 2026 meeting of the forum of planning board to the open meeting law. Any person may make an audio or video recording of this public meeting or may transmit the meeting through any media. Attendees are therefore advised that such recordings or transmission are being made whether perceived or unpersceived by those present and are deemed acknowledgeable

acknowledged and permissible. City Charter section 9-18 mandates that all all multiple member bodies develop and adopt rules or policy for public input.

We have adopted such a policy in which in short provides for citizen input on planning board specific matters at the end of the meeting. There is a signup sheet that's located in the back of the room. Uh we have Craig Salvador from Florida government TV. We have engineer Dan Agial with us. Uh Courtney Pereira and Chris Le. Uh we'll do roll call.

Gloria Pico present.

Beth Andre present.

Mario Luciola absent. Mike Faras present. And I John Ferrer present as well.

First on the agenda form a application for endorsement of plan believed not to require approval an ANR plan of land file number 26-1666 owner applicant tetro real estate LLC property location 29 Palmer Street assesses map G-16 lot 004 so the purpose Purpose of this plan is to divide the property into two lots, leaving the existing three family dwelling 29 street on lot one and the

existing four family dwelling on lot two as shown on the plan. This property is in an A2 apartment zoning district and received a special permit on October 16th, 2025 pursuant to section 86423B of the fall zoning ordinance. It is recommended that this plan be awarded a portion.

Now, where is the access to lot two? Is that the one off of Palmer?

It is that long runway with the basement here.

They both have access to Palmer. That's 13 ft.

And I I saw the um the restriction, no additional construction on on the site, which I don't think they would be able to do unless they No, existing garage or something. But yeah, pretty straightforward, I think.

Any uh any comments by the rest of the board?

Any questions?

So, I believe says you have to do an affidavit before.

So, my understanding that you should report the affidavit before in the plan, but that's not the so so the deter so the condition that zoning puts on is that prior to conveyance of either parcel that the utilities need to be separated.

So it can't be conveyed until that's done.

That's correct.

Yeah. You have another you have another one we were just talking about that was going to bring up and so does that bring any liability to the city or us because zoning is telling them they can't convey this and we're going to separate it. What I would what I'd hate to see is somebody not doing this, selling it. They don't have a good attorney or whatever and they're out the door and they don't have any utilities.

They have shared, right? So it they it there are closing attorneys out there that won't acknowledge the zoning relief.

Yeah.

And I think that's part of the reason why Gloria asked that these conditions be put on the plan as well. So it's not just you need to go look at the zoning decision that granted this which is recorded. It's also reiterated on the plan itself. And we also required that they filed site plan review. Before a number of years ago, the condition was there, but they would willy-nilly just

go separate utilities. We'd have water lines on top of sewer lines. So now we also require them to go through the site plan review process to get approval with how they're going to separate the utilities. So So do so. Are you suggesting that we approve this and give them the ability to subdivide this prior to doing that or Yes. know you you don't have the right to to not allow that. They're they're

subdividing the land in accordance with the zoning decision. If you would if you would like to make reference or speak to the zoning board appeals about changing what their normal conditions are, they could theoretically put the condition that the ANR plan does not get recorded without the utilities being separated.

That's just not how things have been done in the past, but it's something that could be contemplated. Sure. And then that would resolve that issue if you were concerned about that.

Yeah. I just don't want it to be a liability to us or to the city.

It's never a liability to us. We have no responsibility to the title. So, but but they come across often where they don't do it and they try to convey it and most attorneys stop it.

Yeah.

And then they they make no follow through with it. But years ago, they would get a variance for they would subdivide the properties and then their utilities were connected. There was a backup in one property which is a different so that was very common which is why they added that's why we that's why we changed that.

Right. And so right now the new condition is no more ADUs on the split which is going to be an additional deed restriction is what I read for all the various but if you if you want to send correspondence and it can just be in writing. So you can all vote to send a letter to the zoning board of appeals requesting that that condition be satisfied prior to ANR endorsement.

Okay.

Then they can place that as the condition. They can change their standard condition about utility separation and when it needs to happen.

You can require that it or you can ask that they require that the condition now read prior to endorsement or prior to seal of the ANR.

Okay. Yeah, that sounds good.

That would make it so clean if they did do that. Like before the ANR came to us, the affidavit we recorded and the ADU restriction like no more ADU.

Yep. So, how do you feel? How do you feel endorsing this knowing that they could be?

So, my understanding was the affidavit regarding the the split of the sewer and yeah, had to be done before the ANR was submitted, but maybe I was just very meticulous and just getting my ducks in a row. So, when I was through reading through all the variances tonight, all the uh special permits, it didn't say it was a requirement for the ANR. So, like Dan is saying, yeah. Okay. Would it be better protocol

policy as a board? Probably. I don't think we're going to.

So, get the letter in before next Thursday.

Okay.

No one can contemplate that.

They're all It's a standard condition that utilities be separated prior to conveyance. Well, they have one year prior to conveyance is how I think the general wording is. But, but if you want to change or you recommend that, I I would not oppose that.

Okay.

That's just the standard way that it's always been. And now with the ADU stipulation.

Yeah.

Yeah.

Well, I see the language in there for not allowing an ADU because of that. But like there's another project coming up on 2531 Lennux Street and the the terminology is pretty straightforward.

So I I again, if you feel comfortable, I'm not an attorney, but I've I saw no reason not to, but going forward, would it be a better process?

Again, they're going to do it either way. either they do it this month or in two months. They're going to do it either way.

A lot a lot of time, and I think you you'll see it, it comes down to finances for a lot of these land owners. Yeah.

Where they don't get the money to do it until they have it under PNS or whatever else or a deposit. Um, and sometimes they use that money to do it.

But as long as they understand that they're getting this special permit and the condition is prior to ANR, Yeah, that's a good point.

They need to do it. That's fine.

Is that a letter you'd be interested in uh dialing up?

Sure. Does the board agree? I happen to like make a motion to to send that letter requesting.

Okay. We should make a motion to accept or accept this one first and then we'll make the motion to that. So, do I have a motion to accept the form?

Motion to accept for me.

Okay. By Beth second.

A second.

All in favor? Michael?

Yes.

Gloria?

Yes.

Beth, yes. and I John Fer as well. Do I have a motion to send a forward a letter to the zoning board of appeals um stipulating what we just discussed?

I make the motion that um I I draft a letter one of us board members to the uh zoning board of appeals requesting that when they grant the varianes of special permits that the affidavit to split the utilities be recorded and referenced on the ANR plan.

Okay, I have a motion for that. Do I have a second?

Second.

Beth.

All right. All in favor? Michael?

Yes.

Beth?

Yes.

Lauria?

Yes.

And I myself vote yes as well to send that letter to the zoning board of appeals. Um you can draft it and um submit it and then we can all look at it. We'll all get a copy of it. We'll all look at it and then we'll uh you know we we can uh address the planning board to uh to forward that to them.

Great. All right. Number two, form a application for endorsement of plan believed not to require approval in our plan of land file number 26-1668.

Owner applicant Lewis Lippy III.

Property location 400 Samson Street.

Assessor's map A-12 lot 00022.

Is this a simple one? And the purpose of this plan is to trans to transfer parcel A as shown on the plan from lot A1222 400 Samson Street to A 1223 407.

It is recommended that this plan be awarded endorsement.

I thoroughly I thoroughly reviewed this and didn't have any issues with the subdivision on the project. The history behind it was the existing house on action street that garage and that house encumbered the entire parcel at one point in time. They subdivided a lot out that has frontage on Samson Street, built a new home that faces Samson with that driveway. At some point in time,

they realized, hey, the garage that used to go with this house is on that lot.

Yeah.

So, this is just a way of now to bring that garage back to the property that had it originally. Both lots are conforming. Um, both exceed front requirements and they meet the building set back.

Any other questions?

I move to approve motion by Michael.

Second.

I second.

Lauria.

All in favor? Beth?

Yes.

Yes.

And I, John, fur vote. Yes. As well.

Number three, form a application for endorsement of plan believed not to require approval and plan of land. File number 26-1669 owner application 25 and 31 Lennox Street is map F-26, lot 0118.

So, this is another 86423B.

Scott received received a special permit on August 21st, 2025. The purpose of this plan is to divide the property into two lots, leaving the existing three family home, 25 Lennux Street on lot A and the existing three family dwelling.

31 Lennox Street on lot B as shown on the plan.

uh this property and is a in an A2 apartment zoning district and it is my recommendation to it should be awarded.

Any questions by the board? One second.

Yeah, just one quick question. Again, it's the all utilities shall be separated prior to the conveyance of the of any parcels and h how do you um how do you envision wording that and what will your expectations be with the zoning? Uh so before we get these so once they get the variant of the special permit they would record that and then they already uh continue to get the split utilities once they split the

utilities they record an affidavit to that effect and once the affidavit is recorded they'll submit the ANR and on this plan they'll reference the affidavit booking page like they do the variance stating that evidence has been completed.

Yeah.

And that it's clear to transfer over. So maybe they'll delay three or four or five months that affidavit, but it shouldn't hold up anything else.

Okay.

And the one year expires. That's true.

Well, this is actually special permits are all two-year grants, so it gives it a little bit more time, but we can I don't again I don't have an issue with it being done before the ANR, but I think for the city's perspective, it's nice to have all that done.

No. Yeah. No, it cleans it up.

Yeah.

Cleans it right up. Do I have a motion to accept?

I make a motion to accept.

Motion by Gloria. Second by Beth.

Roll call. Michael.

Yes.

Beth.

Yes.

Gloria.

Yes.

And I, John Forever, vote yes as well.

Number four, application for endorsement plan believed not to require approval and our plan of land file number 26-1670.

Owner applicant Adam and Jessica Maderas.

Property location 786 798 Plymouth Avenue and 20 Snell Street. Assessor's map I-14 lot 0055 and 0086.

to this plan. The purpose of this plan is to reconfigure lots I 1455 and 86, leaving the existing single family dwelling 786 Plymouth A on lot one and the existing barber shop warehouse 798 Plymouth A and 20 Snell Street on lot 2 as shown on the plan.

This property is also located in the A2 zoning district and received a variance on December 18th, 2025.

So lot one will have that exist existing single family. Where would the uh access to that be?

We look on the small one. There's several easements that are there which give parking and access to the back because I'm familiar with the property.

It used to be a printing place.

Yeah. But their access is still Plymouth Avenue up to the street.

Off that driveway to the back.

No, no, no. Off to the front. Plymouth Avenue.

Right. Right. But the house is in the back.

Correct. Yeah. Splits just about in the middle.

And the existing warehouse is going to stay with the bar with the barber shop now.

Correct. So what the zoning board did was merge both commercial uses and allow them to separate the residential residential portion.

Previously, this was barberh shop and single family house on one lot. So when they came to the zoning board of appeals, they were okay with the the single family house being taken separately, but that the remaining two commercial uses were merged now creating a 9,000 foot lot exceeding the area.

Well, it was modern printing. The barber shop was here now.

And so what but it was all owned by the same it was all owned by printing originally. And what they did was at the time when they acquired the warehouse is they connected the two buildings, right, for more storage and machinery.

So for zoning purposes, the lots technically should have been merged.

This now will formalize that through the grant of the variance and through the ANR plan. So that will now be on one all the commercial uses are on one singular parcel. They do share parking and that's that's what all the easements come from.

Just a quick question. Um so lot two it will be both the existing barber shop and the existing warehouse. Correct. And so I see that uh it's almost looks like a property line uh towards the top of the page of the existing warehouse. Is that just a So that's the line that's being eliminated. That's where the that's where the line used to be. That's why it's not dimension.

Gotcha. Thank you.

The warehouse was not a lot. That was like 4,800 ft of those 4,000 foot parcels. Now create a conforming project.

Perfect.

Any other questions?

Do I have a motion to accept?

I have a motion to accept.

Mike second.

Beth.

Yes.

Roll call. Beth.

Yes.

Deloreia.

Yes.

Michael.

Yes.

And I, John Fer, vote yes. As well.

We got the election of officers.

What is the board's wishes?

And I'll make John Fer as chair.

Second.

All right. Thank you. I accept. I nominate Michael as vice chair.

I can't nominate.

I second.

I can't nominate. You guys got to nominate.

Oh, I nominate uh Mike Faras as vice chair of the pending board.

All right.

Thank you, Michael.

All right. Michael accepts.

Uh the minutes on that side of the the room.

Okay. We got the minutes of the meeting.

Everybody was present uh for the December 10th meeting 2025. The only one that was absent was Mario Luciola. Do I have a approval of the minutes?

Make a motion we approve the minute of December.

Okay. Gloria second.

Beth. All in favor?

I um citizens in we don't have any uh important. Do we have a motion to adjurnn?

Motion to adjurnn.

Second.

I second.

All in favor?

I I have a good evening everyone. Thank you guys.

Well,