Zoning Board 10 17 24

the meeting my name is John Frank I'm the vice chair of the zoning board of appeals for the city of Fall River 6: amm on 6 p.m. no not 6 a.m 6 pm on Thursday October 17th 2024 we are meeting at one government center in the Committee hearing room this is a meeting of a local public body and as such is subject to the provisions of Mass General Law chapter 3A section 20

commonly known as the open meeting law pursuant to Mass General laws Chapter 30 section 20 subsection F I hereby notify all persons in attendance that this meeting is being recorded by both video and audio devices by Fall River government TV if anyone desires to make an audio or video combination recording thereof please notify me now and we shall make a public announcement of your

intentions no okay present this evening our permanent members James CA alternate member Alexis andalo permanent member Dan dup and Rick sahad also in attendance are clerk Patty agar and director of planning for the city of Fall River Dan agar Patty have all petitions for this uh meeting this evening that are up to be considered have been properly advertised and all interested parties

been notified according to the rules and regulations of the zoning board of appeals Mass General law chapter 4A as amended yes I declare the October 17th 2024 meeting regularly scheduled for this evening to be open I remind all persons presenting before this board including petitioners abutters anyone in support or anyone opposed to a petition that the presentation should be limited to No More Than 3

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 their petition I hearby advise any petitioners and all interested persons that this board is the zoning board of appeals this board's

Authority exists pursuant to Mass General Law chapter 4A and is limited in scope and deals with the you of land as regulated by chapter 86 of the ordinance of the city of Fall River additionally permits licenses reviews and or approvals may be required for the specific development or the use of which subject oh lost that one and or use which is subject to the position before the Zoning Board of appealed this

evening the clerks in the building planning engineering and licensing department are competent in the discharge of their duties of Clerks however they are not lawyers and they do not give legal advice the actions taken by this board have real and Lasting effect upon the title of your real estate I urge all petitioners to seek legal competent legal counsel before filing your petition and after the decision of the

board has been made for example there's a city ordinance 20151 section 101 requiring site plan review a copy of the ordinance is available at the city clerk's office office or from the planning department I remind everyone that the building inspector is the zoning enforcement Authority and that you are here the evening because the building inspector has determined that your proposed action is contrary to the

city of Fall River zoning ordinance the newly adopted City Charter section 918 mandates that all Municipal member B developed and adopt rules or policies for public comment we have adopted such a policy which UR report provides citizen input on The Zing board specific matters at the end of the meeting a signup sheet is in the table in the rear of the room finally I decl I disclose that an official copy of the zoning

ordinance is available at the city clerk's office and can also be found online one cannot rely specifically on the zoning ordinance and that if you have any questions before we does anyone have any questions before we begin okay very good we're going to start with uh number 01 from last month's meeting was brought forward it's uh Grand Manor Holdings LLC Attorney Peter selino 289

Bank Street map n04 Lot 29 good evening for the record my name is Peter selino I'm a lawyer my office is located at 550 Locust Street here in Fall River I represent the applicant uh petitioner on this case and I'm going to make a motion to table this again uh we've been unable to settle with the seller on the parking requirements of the board and how we divvy up that sort of oddly shapen

parking lot on the west side of High Street so therefore I've uh brought with me the request to table form together with a check made payable to the city in the sum of 500 and I'd respectfully request the board Grant this uh continu okay members of the board any questions Mr chairman I move we Grant the request to continue second second second okay Alexis yes yes James yes Ben Yes

Rick yes chairman yes thank you uh can I pass this into the CL yes thank you Sally there you

arek you'll have the same amount of time y That's it okay new business uh item number one is SD Dreams LLC uh care of attorney Mark Levan uh 357 and 361 montop street map G14 lot two Mr Vice chair members of the boards good evening I'm attorney ma l l with L offices at 138 Rock Street fora Massachusetts I represent the owner of the property SD dream LLC my client has

requested that we asked for a special permit pursuing to section 86- 423 B to subdivide this property into two separate Lots both homes were built before 1954 as typical infall River these homes were built on one lot with when there was no zoning my client intends to divide the same into uh two lots one to contain the two family and one to contain three family a little different than many of these my client will have

parcking for these properties uh the back property will have uh two spaces plus the garage use and the front property will be creating two parking spaces that aren't there yet so uh we believe that uh this is something that should be approved my client understands that they need to separate utilities and fact have called me today to tell me they just hired a contractor to do the work so they were hoping to be done

before the end of the winter in it's one minute I'll take care of it um can you just say that parking uh again four spaces yeah they're going to have three SP spaces well one garage space and two spaces for the rear house and two parking spaces for the front house so we're looking at a total of five five total right now there's just use of a garage but I told them that they really should

put pocking spaces in for the edification of the city in the street and they agreed there so there's already a curb cut there's no there is curb cut already members of the board any questions D I have nothing to add other than the standard conditions for for any of these types of stff is there anyone in the audience in favor of this petition anyone opposed okay members of the board we have a vote this

is bation right special p uh it is we will need a u bif so I wouldn't move that it is not substantially more detrimental to the neighborhood second okay moved and seconded uh yes Dan yes yes yes and chairman yes thank you very much and on the on the actual the special permit itself special permit be approved with the conditions conditions are such as um you've already mentioned separation of utilities yes in

the affidavit that will be recorded within the year of we just separation we also want to make sure um no fencing on the property lines right yeah the usual and a permanent boundary marker these are the the standard right standard conditions I'm doing this with Daddy's gratification yeah so no fencing along the property lines permanent boundary markers put in place and site plan review oh there's no exterior work

utility work oh utility utilties okay sorry just the only thing you have to deal with is contractor will do that thank you okay and uh so on the motion yes second second Ricky yes yes D yes yes and chairman Frank yes thank you thank you very much have a good night okay item number two Lewis and Anna cadero care of attorney Jeffrey Medeiros 368 Charles Street map a02 lot 41 and 57 Council good evening members

of the board my name is attorney Jeffrey Medeiros with the law firm of Burke esola van colon located here in the city of Paul River the petition that I bring forth today is a pretty basic one um it is the transfer of property from one neighbor to another um the next door neighbor at 388 was uh put in a uh an offer to purchase property from his next door neighor

which is at 368 Charles Street um the property had been previously subdivided uh by variance I think it's part of the packet uh to to build a single family house on that lot and leave the other um single family home however the uh owners of that property Mr cadero filed a plan and he filed a variance in 2007 he thought that's all he had to do um when I reviewed the title for the uh sale I

got an opinion from the zoning enforcement officer Mr hathway um he indicated that um after going over the documentation he felt that although they had recorded the plan recorded the variants they didn't actually act on it because they never deed it to uh third party nor did they pull a building permit so that's what brings us here today um the owner of 366 wants to transfer that same lot to 388 388 wants

to use it for parking they already have their swimming pool on that lot so uh they just want to add it to to their yard

Mr chairman clear non-buildable right now it's um it's non-buildable in 366 and when it goes to 368 it's going to be non-buildable we're going to D we're going to deed it to um the owners of 388 it's their intention right now just to make it as part as their yard so it's going to be deed and combined with and comr plan is going to show the removal of that interior lot line between if

that's what the board wants 257 and a232 we'll never stand alone be combined with it's going to be combin no further subdivision I can't agree to no further subdivision resubdivision I I really can't agree to that it's it's already been to a variance twice their current intention is to use it as part of their yard I don't know what the to limit their use in the future I can't see not

allowing them to come back for a variance and let the board decide at that particular time what's the determination of it being a non-buildable lot where where did that come from it's so it doesn't meet the current zoning requirements in an R District okay so um it was before the board um prior to 2007 um in 2007 the variance that was recorded at book 8794 said that they uh the lot sizes are

going to be 6,915 and 5,960 which is approximately what this lot is going to be so it's just basically flip-flopping from one neighbor to the next he's going to pay one tax bill we're going to De it into um the husband and wife of 388 and we'll have the plan go on removing that that line have to I have to ask this is a variance so we're looking for a uh

hardship for dividing this so the the hardship is basically the um of course it's the shape or where the house was built the best use of the property uh would be for somebody to use it as a Yu so um you can see that the the house when it was built built was clearly offset to um I don't know I if the uh the lot that was originally there um when the zoning

changed that it merged with the previous lot and that's how the size and where the house was constructed um it's across the street from um Sunset Hill uh there are single family houses in the area so as I as I explained a person at 380h wants to use it to make a bigger yard okay any further questions from the board Dan no just understand that the relief being requested for is for the size of the lot

the side yard setback and lot coverage which is currently conforming would would then be the 62% so that's generally the Rel that you are granting to allow this lot to be created around 368 or 388 so right now no 368 the existing houses 368 the the existing have lot coverage of 62% right and the reason why we're asking to wave Sidelines and setbacks because once this piece goes away then the house is going

to be non-conforming so that's exactly that's what I corre just want them to understand what Rel their AC I apologize Mr yeah okay anyone uh in the audience in favor of this petition anyone opposed okay members of the board Mr chairman with the condition that it's a non-buildable lot um I would move that the variance be granted do you have a second second second all right M of the board leex yes Chim

Yes Rick yes yes chairman Frank yes okay I'll set thank you thank you okay item number three R&D realy trust 1493 Meridian Street map v05 lot

22 uh good evening Mr chair members of the board um my name is Ken Fiola junr I'm the ex itive vice president of Bristol County Economic Development Consultants I'm here tonight on behalf of R&D ability trust because they've had a conflict with scheduling an unintended uh conflict scheduling eror so they've asked me to appear before their behalf and actually um advocate for the

approval of their zoning petition that's before you tonight for the record my office is at 139 South Main Street so what you have tonight before you is a pretty straightforward variance request where the applicant is requesting a to subdivide the pel into three lots um this is located along 1493 Meridan Street map V5 lot 22 the existing single single family home will remain on a fully conforming lot you can see that

the lots that are being uh developed there are the lot where the single family home is is 32,000 plus uh which conforms to the zoning in that area the additional two lots that are being uh created uh 42,000 plus and 41,000 plus respectively um the applicant is seeking to construct two new residential homes on the lot um proposed Lots number two as well as proposed lot limit three and

that the applicant seeking a a waiver of Frontage requirements for the two lots in the R30 Zone you can see that the one of the Lots has a frontage of 50 ft in the second lot has a frontage of 45 ft and the existing lot has 150 ft be happy to answer any questions okay I should also uh say for the record that uh in addition to having the Lots created all three houses right

currently the existing houses on a septic system in the event that these the petition is approved tonight all three lots will be tying into the sword system okay members of the board any questions I have one minute man we'll get to the audience thank um Dan why was this denied in the first place what it wasn't denied well they're seeking a variance correct right for lack of Frontage lack of

Frontage so um when when we looked at the way of doing this because this is adjacent to the water department land that surrounds the reservoir on that side of Meridian Street we we try to keep the development of subdivisions that that put in roadways massive amount of pavement to get two or three of lots Behind These larger Parcels the the Minimus relief of Frontage seems to be the better route to

go with regards to hardship and having to deal with the implementation of what that would do to the environment of the amount of the previous area just for the roadway construction roadway construction doesn't go towards lot coverage so however the road needs to get a 500 foot long road to get the same number of lots just doesn't make sense so the waiver of Frontage only and we end up with larger

Lots than what zoning requires is an environmental benefit to the city and to the water department and our supp but that was the only non yeah all setback requirements would all remain yeah anyone else is there anyone in the audience in favor of this petition anyone opposed I'm not opposed but I have a question question sure' TV ma'am just need your name and your address for my name is I

just see what you're looking at so we don't have the capability to do that the evening any plan that you want to see we can we can definitely make we have there's actually the ability for you to large board on this one right here if okay anyone else have any other questions very good members of the board Mr chairman I move approval of the variance second okay we have a motion in

a second Alex yes Jim yes Dan yes Ricky yes and chairman Frank yes thank you thank you okay item number four before we move on hold on one second which which petition are you interested in I give you a plan now five five we have extra copies the there you go take okay item number four I have Claudio Yaya J ja okay uh care of uh Jeffrey tomman 92 uh Omen street map f09 lot

40 good evening for the record Jeff Tolman from Northeast engineers and Consultants here on behalf of Claud o j the petitioner on this application uh what we have here is a very unusual application before the sport we have a conforming lot with a conforming structure on it and they're proposing to put an addition that conforms the setbacks so really what we've done here is we filed for a special pyrit uh

because of the increase in lot coverage that would go along with the uh additions that we are proposing on this uh to the existing single family structure uh there's a 80t Edition on the Southeast Corner a 144 square foot Edition on the northeast corner of the building of the dwelling and then a 1,167 ftot uh the main addition which is off the back the Northwest uh part of the dwelling in addition to the

additions to the dwelling we're also uh filed a special permit in order to raise the uh the garage roof uh 2 feet currently there's an 8ft wall on the garage but the way the site is graded um there's like 2et of fill going around the uh the west side and the north side of it so it there's only like 6 foot exposed wall and it is kind of small I

have been inside the garage uh the 8 ft is kind of low uh so the petition just like the ability to raise that garage roof uh 2T the garage itself is a non-conforming structure due to setback it only has uh 2 feet to the side property line uh with that I'd be happy to answer any questions that the board might have okay the existing two stall that's there now that's that's the addition

you're just looking for a twoot height adjustment and that correct yeah the raising roof on that stru at 2 ft okay the exist the new proposed two store two stall addition is going to have living space above it I believe so yes yes um the main purpose the ground level is going to be a two-stall garage with living space above it thus the expansion of the driveway there's a 1,300 ft

expansion or extension to the north of the driveway um as a result of the additions and the extension to the driveway uh the existing lot coverage which is not conforming it's just over the 30% it's at 31 uh will be increased to 50% so Jeff as I understand this is in an area that has fling concerns in the past how do you propose to mitigate the fling someone mind closing that back door for

please thank you yeah how do you propos to uh to mitigate the flighting concerns in this area well all the all the roof trins on the house will be connected to infiltration systems um we will all be connected yes okay yeah not just the additions on this one if that is a concern uh we'll certainly address that through site plan review and we'll propose to I mean we have the room to do

it we'll connect them all that would be subject to site plan right Dan yes yes all right thanks sure and uh this is uh remaining a single family they're not it's not an apartment going over the garage or anything like that any other questions Dan um the roof line on the existing garage G is the roof line staying and the whole thing just going up 2 ft or is there going to be a

different roof line because the peak may change two feet but the outside edges is it just as far as I know it's the same is going up 2 feet or we're going to go up 10 ft with a flat roof no the way the owner explained it to me it was just going to go so existing roof line is stay the same yes just raise two feet with what's there correct just make sure that's conditioned

only because of its proximity to the abing property and to raise that the outside edges of the structure theoretically 6 ft might be an impediment to the neighboring properties but as Ricky was alluding to this is an area Omen grenell Reeves especially as we get down to the southernly part Sly the easterly part of um Reeves is an area of extreme flooding all of the time we receive phone calls all the time and

Paul ferland's office is inundated with complaints about drainage and flooding problem so when we're asking for a u increase in lot coverage that's directly related to exasperating the existing drainage issues so it would be my recommendation that all impervious surface be infiltrated into the into the ground and that could be a condition that you put on this to be monitored and approved through second

okay and what's the oh the lock coverage is going from 31 to 50 correct all right and we could also existing asphalt driveway to remain we could also request a possibility of uh pervious you could if you wanted to but it would make more sense just to require that the new driveway be made rather than dig up an existing driveway no no no I'm saying the new drive that's what I was talking about

I'm sorry the new driveway to be perious could go that route and and the applicant has the ability to make that determination at site plan review okay mhm so if your condition is that all impervious surfaces get infiltrated once they get the site plan review if they propose pavers that's no longer considered an impervious surface and it would not have to be infiltrated okay so that gives them the flexibility of of

dealing with that at that point okay any further questions the audience uh anyone in favor of this petition anyone opposed okay members of the board do we have a vote okay uh could I just ask for one um item clarification when you're saying that all impervious services are we talking about the existing driveway or not yes we are okay all all existing and proposed impervious Services

okay so this is licated so um p a i would make the motion that it is not more substantially detrimental to the neighborhoods second okay we have a motion in a second have a vote Alexis yes yes yes yes okay chairman Frank yes now on the special permit so my motion is that it would be approved uh with the conditions as delineated by Dan as opposed um in regards to the impervious um drainage um

that they all be infiltrated except if with site plan review there's a there's a um somehow there not a problem but there's a exception to that yeah that's just standard either impervious so we either have impervious even if it's considered 2% right not impervious then it's not considered impervious so pavers that have joints are not considered per as being impervious but a s planine review that would all be okay

Y and also to remain a single family home oh yes absolutely second second okay we have a motion in a second Alexis yes CH yes yes Dan yes chairman Frank yes okay motions granted thank you thank you okay item number five we have tetral real estate LLC care of Attorney Peter selino 72 Belmont street map M24 lot

7 what's up good evening again for the record my name is Peter selino I'm a lawyer at 550 Locust Street in Fall River the petition before you is being presented by me as Council to tetrol real estate to my left is Aaron tetrol obviously to my right is Jeffrey tomman the engineer on the project The Proposal uh before you revolves around 72 balmont Street here in Fall River The Proposal is to divide

the lot into two lots leaving the existing three family structure and dilapidated barn on one lot and seeking a buildable lot um the plans indicate that the lot number two uh is completely conforming and I've noted in my petition and I just want to illustrate for the board that this was previously before the board and the division of the lot was approved in 2016 and was not acted upon the waivers

associated with this petition include a waiver for use as a multi family and a single family zoning District that relates to the barn the poster board here in front of me is designed to illustrate what Mr tetrol intends to do to the barn that is there uh the proposal is to turn it into a uh three apartment or multif family consisting of three units The Proposal Pro provides sufficient off- street parking for the

existing structure which is a three family as well as the proposed uh modified structure so all parking would be contained off the street we need a frontage waiver for lot one on the plan because the required Frontage in the S zoning district is F feet uh Mr tolman's plan shows 87 ft in that regard and um we also need a lot coverage waiver um because with this pavement to accommodate the off street parking we

exceed the lot coverage requirement in the zoning district and then lastly we're seeking a special permit for the aisle with to Traverse uh Westerly from Belmont Street into the site um the aisle is not compliant with the 22- Ft requirement contained in the bylaw um as I've submitted in my paper work I think the hardship associated with this property is the existence of the structures hugging the Northerly

boundary line as well as the condition of the barn which Mr tetrol tends to improve significantly which I think will be a great addition to the neighborhood and create necessary units in the city of Fall River um I don't think this really dagates from the intent of the bylaw it's all residential use and as you can see from Mr toman's plan for example on High Street immediately to

the West uh you see three three families ad joining this property and that is what is proposed in this petition so with that I'm happy to answer any questions Mr tomman can answer questions Mr tetrol can answer questions relative to the proposal before the board you might just take a second and show the audience the picture or the

rendering like this I didn't see it I don't I'm lying I gu I do thank you okay members of the board um any questions i j s what is what is the height of the existing barn and is it getting taller I don't think it's intended to get taller but I need to defer to Mr Tom on the height of it yeah I'm not I'm not sure I believe there's a second level to it um

um if I had to guess it would probably be about 25 ft if plus or minus there is there is look like it's a lot bigger than 25 so yeah a picture my phone about 29t high to 33 Okay is is the barn being torn down no right you don't have to tear it no we have to take we have to fix the foundation yeah so the intent is not to tear it down the

intent is to modify the existing structure and and change the roof height or not you know I don't know I don't know the it might be a foot shorter or a foot taller something like that it's probably about 29 ft high as it sits right now it's tall enough as it is when we showed the architect to put a two floors in the air fine so give it take a or two Le less or more

okay and the existing lot coverage is 35 35 well 26 26 with the overall 26 how it exists now as one single I see the single lot do we have that broken down what lot one and lot okay it goes to 82 correct if we do the subdivision okay so with that being said similar to the last petition it would be my recommendation that all impervious surface is again be infiltrated all all buildings all

asphalt is that the intend anyway you're turn know you have no objection to that right send the water into the ground yeah that's fine there's no objection to that or or use por asphalt to help or use pavers again those those are tools that the engineer has at his exposure to uh to help with drainage and lck coverage but if it's to be pigment then it needs to be infiltrated and and so it's a total of

six you're looking for a total of six units on that three and three uh do we have a bed count do we know uh yep two two one-bedrooms and one two bedroom that's in the barn in the barn in the barn in the main house in the main house upstairs there are two one bedrooms on the top floor and that middle one could be either a five or a four

bedroom it's a lot of rooms in there okay that house what was that the three uh it's either a four or a five on the first two levels is one one unit on the third floor is two units it's two one-bedroom units those exist just to be clear so the get that in the barn getting four out of that no the three family dwelling you said on the first two floors is one apartment one

apartment all right so it's a town yeah you can look at it that way yes and there's five bedrooms in that there's four bedrooms but one of them has like a Connect room I don't think for a closet the lower level was utilized as a single family home right and then you said there's two one bedrooms on the on the third floor yeah okay all right Dan anything else no parking exceeds the requirements

um the lot lot two will will be a single family home that'll completely conform so and my main concern would be raising the the barn structure significant ly and how that would affect the Abundant profits and then when storm water is taken care of this is a single family District but there are many non-performing uses around and the um special permit for the reduction in the aisle

width so 22 a wi is required right it's 18 for you it's 18 okay that's what I was 18 for the coming in off of Belmont and then where it teas off that is 22 in the back cuz we do have parking there's one parking spot on on the east side with the remaining on the west so we do have pocket on both sides so that is 22 and you would want to consider that

the LW is not to be further subdivided and sprad the bar off of three which I don't think is the intention but you know yeah no objection no objection okay um before I go to the audience I have a a letter in support from the um Fall River City of Fall River histo historical commission regarding 72 Belmont Carriage House reconstruction to whom may concern the FL historical commission received a

request from tetrol Real Estate LLC seeking a letter in support and recognition of and reconstruction of the carriage house located on premises of 72 Belmont commission met with Brian Corley a representative and applicant at this meeting in September 17th 2024 the property has historically known as the chony years house built in 1893 from designs by local Architects Charles farum located in the highlands National

registered district from 1977 historical building survey conducted in the preservation partnership it goes on with that significant the property is significant not just in style but through its connection to the original owner chony Sears Sears was a prominent stonemason was the owner of aori and it goes on into much more historical fact please please accept this letter in support from the forer historical

commission regarding the proposed rebuilding of the carriage house to support three residential units this request is in letter of support and was approved by the historical Commission on its meeting on tu Tuesday September 17th 2024 and if anybody wants to look at the Historical nature of this letter it's available uh any one in the audience in favor of this petition yes evening Mr chairman Bo my name is

Ken F the Executive Vice President of Bristol County EVC I'm here before you tonight to support the application for you tonight um for those of us that know that neighborhood and have lived in for you know most of not all our lives we understand you the historical value of that property as well as the abing properties throughout that neighborhood we also understand that this property in

question has been let go for a number of years it's been overgrown and it's been run down and it's a the former of Art Association which is a very prominent building within the neighborhood itself the Mr tall has a undisputable record of rehabbing existing properties throughout the city in a fine professional manner and I suspect that the work that'll be done in these properties will be not

only in keeping with his Professional Standards but also something that the abing property owners would appreciate in terms of the aesthetic quality of the property the cleanliness of the property as well as the ongoing maintenance of the property it is for those reasons and they also the reason that we need additional housing with the city that I'm here before you tonight to speak in

favor of the uh petition thank you thank you anyone else in favor gentlemen on the yes uh Richard man c243 French I live just on the north side of that property I bought the bond and I've spoken to Mr tetrol and I have the understanding and he's doing a marvelous job I'm not concerned with the property all but is the bond going when it gets reconstructed is that going to be the existing footprint

or is the the footprint will not be log not exactly the same yeah and that was my understanding and I have no no questions there and I understand the bond is going to be approximately the same height my backyard of buts that Bond can see your right there's a Pao there that separates a concrete pad looks like it separates you from the that was the horse stor area previous yeah looks on the plan sorry we usually

have a we usually have the monitors available tonight but we're having technical problems here so we don't have the laptop to uh put up the uh if you want to see a copy of the plan we have them available um but the it looks like the footprint is exactly where it is currently I haven't seen the drawing so that's why I'm asking would you like to come up and take copy here there's a

copy right there there's a photo would you like to come up and take a look your house is right here that's yeah there the concrete pattern is just being which is which is fine and the Height's going to remain pretty much the same they're doing a remarkable job on the home I'm I I think it's an asset so thank you thank you thank you thank you for coming out okay and uh anyone else in

favor anyone opposed yes okay we have a few people here um we'll start ma' if you want to give your name and address yeah my name is Danel M I'm from 274 Prospect Street and I haven't heard anything about lot two yet and I do understand from someone at the historic commission that they may potentially be moving um the house on the corner of um Highland Avenue and Prospect Street to

that empty lot which uh belongs to Charlton right now could you tell me if that's true I haven't discussed that with anybody from somebody from the histor commission who said they discussed it with they they did mention it but I haven't discussed it any than that lot two is to be a completely conforming parcel and is has no relief associated with it so if they could theoretically

move a house and meet the requirements for setback lot coverage and all of those things that would be perfectly legal to do um if they needed any other relief then they would need to come back here again for specific relief of that LW okay um I just prepared something and answered a lot of my questions but I just want to read again um you have done a wonderful job on the house the house was

falling p and I do appreciate that um but um it is the chony Sears Mansion it is one of the finest examples of Queenland architecture in the city and it is important for its cultural and Architectural values to the neighborhood the property has been on the Fall River register of historic significance since February 16th of 1983 um the the the historic Gardens have been demolished which does indicate

some disregard for historic preservation even though they were neglected for many years um is that the next part I'm going to skip but um and you you did say you're going to have parking for the original lot what about what about the second LW what is the intend of the second lot do you intend to keep that lot or do you intend to sell that lot uh we haven't decided at this point it's a conforming

lot so meaning he could sell it to a builder who could build a house on it that would have to conform to the city's requirements relative to setback and so and what does conforming mean does that mean it would actually be a single family form or does that mean it could be a in this in this District conforming means it would be a single family home it would have 100t of Frontage which it

does it would have at least 12,000 ft of area which it does and it would have a front building setback of 25 ft a side setback of 15 and a rear setback of 25 and would have to provide two offes thank you um okay um real estate I feel the motivation for buying that property was strictly profit driven um and making requests for all these variances um is is justifiable in the context of his let

me just read it from the beginning tetto real estate motivations are seen as Prof making the request for variances less justifiable in the context of preserving historical Integrity also a hardship is usually defined as a peculiar condition of the land or structure that would create hardship for the owner if limited relief is not granted the circumstances of the owner cannot form the basis of

the hardship such as overbuilding to acquire additional Revenue increased density and parking issues well that may be non um the parking issues may may not be but um again we don't know about the second lot with the parking is would be on the second line um the variances I feel should be for hardship of valid reasons and not profit these variances would impact the neighboring property

comfort and privacy especially to those of us with pools in the summertime overdevelopment will alter the character of the block as well as affecting the property values of neighbor and potentially increasing our property taxes as well it is important to to adhere to a to ordinances to protect long-term residences such as my house such as myself I've been in my home for 40 years um the historical significance

adds weights to the argument against granting variances and permits as the Community Values the preservation of such historically important properties and the lack of genuine hardship in the decisionmaking process also Mass commonwealth law generally disfavors variances and the zoning board is not required to make rigorous findings of fact when denying a variant however they are required to make

rigorous findings of fact when granting a variant in conclusion I request that you deny the variances and the special permits thank you second good job sir my name is Nathaniel finsness I own the property at 97 Belmont street across Belmont to the north of Mr tor's property um I agree that the the work he's done already to the uh house on the street has been commendable from the condition it was in before um I didn't

see or I guess I have a question of how many parking spaces are being proposed for these two three family buildings uh 12 it looks like 14 all right so more than two more than two spaces per unit which is the requirement yeah I see that I that portion of Belmont Street between Prospect and French is very narrow it should actually be a one-way and we have significant parking problems there already um I I

feel that this type of a development in that area would impact parking in the street um I also I went up up against your board several years ago to try to add one apartment to my property and I was Deni because it's a single family uh zoning area so I my my my argument is that building two three families on this lot is Way Beyond single families only building one three

family right okay but having two three families on one lot I don't disagree with the um the request to build a single family on that separate lot and divide the Lots but I'm against uh Redevelopment of that um that Barn in the back can can I answer that I have to ask all questions to the chair when it's your turn one second I'll get to you in one minute I'm just

trying to work my way around thank you very much sir sir your name please I live on 71 Belmont street directly coer Street and there is a big problem with parking you know uh depends how many you know residents are going to be there uh they could be three people living in the house for it's very very poor parking there now you have the Art Association uh you have the uh Little

Theater you have the Deacon his home the hospital next door parking is very very very tough yeah did uh did you gentlemen have an opportunity to see the plan at all to see what the parking looks like what's going on that lot there yeah okay but it's really really tough parking and know and street is very very busy where you're going to have a lot a lot of traic Nar okay thank you anyone else uh ma'am

can you just stand up please and give your name and address um I'm T I actually about the whole side of um the second lot I'm on 29 Prospect Street um so the second lot would be my major problem because I already have a ranch house and a pool and kids so building a house that's taller than my house is going to absolutely be inside my pool basically which is problem but we'll

talk about that in a minute my first problem is that now we are adding three more families like all my neighbors have said and what if that person who buys that one law or who decides to build on that one LW chooses to apply for Varan for a multif family so what happens now we used to live in a very quiet very quiet neighborhood where everybody knew everybody everybody respected everybody

um the kids grew up safely and one of the very few places in Forever left like that with that kind of charm that kind of um Peace um and I feel that this is overcrowding overwhelming um and what happens to my property value on a ranch single family house with a pool what happens when I have seven is next to me what happens to the residents who live there who have taken care of their

properties have taken care of that neighborhood when there is a um theater we can't even get the kids out of the car because there's no place to park the L rat takes all the parking I applied um few years ago in front of your zoning board as well for a license just to get a wholesale dealer in my house which wouldn't change anything you would never see a car the only thing that would

change I I would be working for my house with an address at my house rather than renting an office and it was denied because it's supposed to be a single family it was just nothing was going to change I already work from home but you guys denied it just to not give me that variance so now we are having all these variances and changing the life of people who planned on staying there in that neighborhood how

many variances are we going to if the laws were made to be applied if we going to keep breaking them so if he's going not problem you're going to give him that then I'm going to have to bring my value of my property up by applying for the same things then what happens to the neighborhood so understand no one is breaking the law the zoning board of appeals is the legal process to do

something other than what the law and if the argument is given to support that then the board has the ability to grant that Rel no no one is breaking a law not breaking the law changing the law changing changing what's in place we're waving what's what the requirements are specific circumstances but why would the requirements put in there because they they're created as a blanket for the

development of an area however in those same laws in those same regulations there are Provisions to come before this board and propose uh at at home business adding a fourth unit to a three everyone has the right to come to this board and go through this process and have a Butters come like you are thank you all for coming in and giving comment comment for or against because that helps the Board

in understanding the neighborhood's concerns so we do thank you for coming out for that and and offering your opinion I don't know that's my other problem what if the second law is going to be turned into a multi family this is disaster to my family like where are we going to go it it can be a condition of this board that that lot cannot come back before the zoning Court appeals and

that it is to be only a single family dwelling that condition can be placed on that lot if if the board decides to Grant Rel they can put any condition they can require that you put a blue tree on a left hand corner on the anything they can has to be a condition it needs to be I just want to explain that that area is the buffer between me and all

those so that area is the buffer between my family my pool that existed when we bought this house and pour so much hard work into it to bring it back to life because it was in a very bad um um um State when we bought it so and we've spent our life here my kids were born here and now they're going to high school here and I'm not planning on

moving but if this is going to happen then I'm going to have to weigh my options and I this is not really what we plan for so so just understand and sorry I don't remember your last name but when when we look at the legal application of requesting a variance and specific to a singular part there are a number of different types of hardships to point to like for instance an existing historic structure to be

preserved an existing home that needs to be preserved and although financial gain for profit is not an acceptable reason for the granting of a variance however if the board looks at the fact that we are renovating and preserving a historic structure that cost x amount of dollars it is appropriate to apply the need for additional funding on this to help pay for that renovation and if

that additional funding is through the creation of these other units then that's something that the board can legally Grant so it's very specific to every specific parcel this one has happens to have very unique structures in need of repair and that second lot that is being created is completely conforming in every way so they could that is but the barn is not correct that's why they're here to

to the variant on that but just just making a point she was talking about addition uh adding multiple units to that lot behind her that's a right now as it stands someone can build a single family house tomorrow because of the way that the lot is shaped and conforming um if they want to build something else yes they would have to come in front of us to ask for that but uh so just to make

that point for you back talking about your back property how your pool and all that right now there's it's a single it could could be if we approve this it would be a single family buildable lot but you are able to see how close to everything to the privacy and everything it's there so if it goes too story up then that's it we cannot use our pool neither can at all I mean who knows

who's going to live there who knows maybe it's some somebody who's going to watch my kids swim I don't know I mean this is a big problem I I don't know joh I have another question by your comment I'm sorry okay um are you all set I'm I'm all set okay thank you you mentioned that if that lot two is created it's a it's a conforming lot yes but in order

to do it lot one becomes non-conforming is that correct correct front it's already not well it's non-conforming now with its shape the being close to the where it is on the property now is conforming correct you you you split these up that means lot one is now non-conforming because of front correct okay Mr Frank could I have a moment in rebuttal to all these various points please I'm going to get to you yeah I

just want to see if there's anyone else in the audience that still has an opposition my name is Lynn Graves I own a house at 645 by Street uh that Barn is about 6 feet from my fence I mean it's just overcrowding you're killing us okay I understand um Daniel madas again 274 Prospect Street um they they did mention that there was um prev previous ordinance um in 2016 David Melo um was

granted the division of the lot um but from what I understand from the registry of deeds that David Millow was granted it for financial hardship and I also understand that Financial H Che is not usually grounds to Grant an ordinance it's usually has to do with the non-conformity of the land slope of the land or something like that so I don't see any of these issues and I know that you're saying that he's bought a

property that needs a lot of repair and so yes the income that he would get from all these rental properties would help him but he knew that when he bought the property he knew that and he knew he was going to have to go for all these variances and it's it's just it's there's too many is on one lot to even make it reasonable the change existing it's it's just after hearing that my premonition

is that attorney seleno is going to probably address a majority of those issues in his next statement here as far as a variance and the hardship and so on um are there any other parties that are against no okay thank you uh so inry Buttle um starting in order from Miss madas um obviously you read into the record Mr chairman for the evening uh that there's a letter of support from the historical commission so this has

clearly been vetted by the historical commission and they've given a letter two-page letter in support of the project so I think it's a little bit disingenuous to say that it's against the historical character of the neighborhood when the commission that's charged with overseeing that supports the project next uh we've heard from two previous applicants who were denied and I'd submit to you that creates a little

bit of a motive to come out here tonight and oppose my client next the parking concerns I think are well addressed and thought out by the petition and the plan um there's no question that that street is narrow there's no question with the Art Association and the theater it's tight and that's why the plan is the way it is to support the parking for the site uh next Mr tetrol I feel like is

being ailed a little bit so I want to put the following in the record he's not an out of town developer he lives on Highland Avenue he was born here grew up on Charles Street and has spent many many millions of dollars in the city of Fall River so is he a businessman trying to make money certainly does he do an excellent job on his properties absolutely the board knows that we've

been before you on many occasions most recently on the former nursing home property on the corner of Stanley and um Handover and he did a great job with that property uh he took a dilapidated structure like that which is before you and he turned it into something that's viable and valuable and that the neighbors are happy with and I've spoken to the neighbors so I can affirm to that

so I'd submit to you that we do have a valid hardship here the structures are placed in an odd location on the lot hugging the Northerly boundary line that's the way it's pled there's no question that the creation does create a non-conformity with respect to Frontage which I said in my opening argument and put in my petition we can't control nor can we prognosticate or forecast what a

potential owner of lot two is going to do someday all we can submit to the board is that it's a conforming lot and any application to build on that lot would have to conform with the city's regulations relative to building that's all we can do I mean these theories about second floors and people looking at children I mean we've gone far a field of what's in front of the board

what's in front of the board is a petition seeking zoning relief that's it and so I want to highlight those points because sometimes in these meetings I understand open meeting and I understand everyone has a chance to talk but I feel like it gets off topic often times so what's before the board is not potential two-story houses that may impact the ERS but rather what's in front of the board

is a petition to create two lots in the manner presented thank you attorney Selena would you contemplate a deed restriction limiting lot two to a single family home yes can I no it's my right you have you three minutes ises anyone two what is it ma' you you're looking to rebut something that no I'm just I would like to say say that I'm not here because my application was denied when I

was looking this up it I came across the definition of a zoning Board of being a board that would strike a balance between each property owner's right and the Public's right to a safe secure and orderly neighborhood we're very aware of the yes and this is how I learned about it so I'm only asking for my rights understand understand and that's why we have these meetings and and you all are

notified to come here because you're a Butters to hear what's going on thank you okay no that that's that's it um members of the board do we have any other questions or any other comments or concerns okay can we get a motion Mr chairman you have multiple votes uh yeah I'm sorry we have uh you have variances um for everything you have um there's one variance right for all for all of the exceptions everything

except the for right special and everything else is a special okay so if you don't vote on the variants positively you don't have to vote on the special permit okay Mr chairman um in the time I've been here this is one of the more difficult ones both sides um I've listened to I really do think however that the um concerns of the neighbors are legitimate ones that being said I would make motion to

deny okay motion to deny do we have a second I'll second second by Daner okay members of the board Alexis uh no Jim no no yes yes yes Dan yes and chairman Frank no so it's 3-2 it's not favor we have to have another motion if anyone is is interested in moving forward because it did not pass has to be super majority so the motion is denied and we don't have to vote on the special

permit the VAR has been Den someone could make a motion someone could make a motion to Grant the motion to deny did not pass the motion to deny was if someone wants to make a motion to approve the three and it's the same three to two Okay if someone wants to make that Mo if someone wants to make that I'll make the motion just to finalize the action I

could just say one do we have a second this is this is motion to approve yes do we have a second I'll second it motion second it okay yes yes yes no no no D no and chairman Frank yes motions denied motions denied didn't

carry yep see okay item number six we have PL 2 LLC care of Attorney Peter celino 1703 through 1729 Pleasant Street map j19 lot 55 good evening for the record Peter selino on behalf of the applicant Fall River Plate Roman numeral 2 LLC my client owns the property located at excuse me can you take all conversations outside please thank you my client owns the property located at 17031 1729 Pleasant Street most folks

know this property at least by sight uh in Fall River vernacular it would be at the top of Pleasant Street on the corner of Northeastern Avenue the building encapsulates mostly the entire lot um it's currently a mixed use building my client acquired the property in 2023 he's having a lot of trouble with the commercial units and specifically renting them out finding a use for the commercial units on the first floor

therefore I've petitioned this matter as a special permit seeking to convert all but one of the existing commercial uh existing commercial units on the first Flor floor to one-bedroom apartments uh my client is looking for six one-bedroom apartments um for the record they would be Ada accessible first floor Apartments um again it's pled as a special permit both as to the units uh and as to the

use and seeking a waiver of parking I'd submit to the board that when you're balancing the equities and considering what's more detrimental to the neighborhood the commercial use as currently as it currently sits there the parking requirements are very significant um obviously you know there balance between employee parking customer parking and loading and if we go down to a one-bedroom apartment I

submit to you that the waivers of parking are not more detrimental than what could be there by right in a commercial scenario um so I think it's a pretty simple petition relative to the last one uh the client is here Mr tolman's the engineer on the project so we can answer any specific questions the board might have but again this is not a variance it's a special permit seeking

the use for six one-bedroom units on the first floor as well as a special permit for waiver of parking requirements in a BL District what is the unit count above uh do you know that Jeff 10 10 units yeah for the record this is Omare Gro he is the principal of the LLC that owns it and the testimony is 10 10 there's currently 10 units upstair 10 above and

six we want to put six below so 16 units correct 10 are they single what's the bedroom two bedrooms few stingers and few that is not changing correct no and and that and I should say that that's why I didn't mention it in the petition because that's not none of that is changing on any it's just strictly this petition is limited to the north side of the building facing pleasantry for the commercial

units JY Selen you said that on the commercial units now they're not being operated is that correct there's one that has a sheer Genius SP barber shop in it but the gentleman's had a a lot of difficulty putting business in there there's not enough parking the streets congested Etc so there's one business operating uh yes right just the sh genius keep it we keep it we don't going to stay so it would be the if you're

standing in pleasantry be all the way on the right the most westerly side of the B what's currently oper at the corner of Raymond that's that's correct yes yeah that's correct and that's the sheer Genius which is a franchise they're on Slade Street there's several throughout the city so if you don't know the building there used to be a COR Allen hot dog place in there was a theater

company I think that was a tattoo place tattoo place is actually on the corner of Eastern Avenue so it would wrap around that street level after the first unit at Raymond de would be converted to one-bedroom units six ones yes so currently on site you have 10 parking places in the back uh yes well after we striping we'll be able to get to 12 correct 64 and two we'll be able to get to 12

yes the other two oh okay I see the other two okay sorry we're currently now it's kind of the wild west back there yeah Provisions have been made for dumpsters hatch out areas for making sure that everybody around yes okay members of the board any other questions I just have one and it's not really a condition but is there any plan to do any renovation the the Aesthetics of the outside of the building as far as

reciting so all the stor front glasses going to go away and it's going to be windows and doors windows and doors any other questions from the board members of the audience anyone here in favor of the petition anyone opposed okay members of the board do we have a motion Mr chairman um that building has been run down for quite some time and um as a bipoc request um I would move that

if uh this request is not substantially more detrimental to do we have a second second second by D okay on the motion Alex yes yes chair yes yes yes and chairman Frankie yes motion granted thank you on the special permit soral have a motion motion to approve question second okay on the motion yes yes yes yes chairman Frank yes now it's BR thank you item number seven grk Investment

Trust care of Attorney Peter Cino 1298 and 1300 Rodman Street map f09 lot 2548 tney seleno yes good evening Peter selino for the record on behalf of the trust that owns the property uh this site was unequivocally dilapidated uh my client recently acquired the property on the site uh were two vacant uh multif family dwellings and the lot of land on the corner of Rodman and omen is just a

big wide open vacant lot consisting of tires mattresses and other General refu so uh at the time of the closing the city was owed over $50,000 in back fees and and taxes which were uh paid as part of the closing and now the client is going forward with a petition to develop the site The Proposal includes dividing the site into four Lots um the for the record historically there are four tax

Lots there albeit not in this configuration and uh the proposal here would be to keep the existing multif family structures on what is labeled as lot one and then build a three family structure on each of lots um lot two three and four which front on uh Omen Street in terms of the relief requested uh we've requested that the board Grant a variance reinstituting the use of the front home labeled as 1298

Rodman Street to a six family dwelling uh 1300 Rodman Street as a three family dwelling we've done that because this is an R Force zoning district and those buildings have been vacant for more than 2 years in addition uh my client seeking to build again those three three family dwellings we've provided sufficient off street parking for the three family dwellings but we are short on parking

for the six and the three so that's why you see there's nine parking spaces associated with that so the waivers uh before you just to make sure I'm being clear is we're looking to revive the former use of the six family dwelling and the three family dwelling shown on lot one we're looking for a variance relative to the lot area on the creation of these Lots we need waivers for lot

Frontage in this area lot coverage and sidey yard setback and we've also pled for a special permit as a result of the um travel aisle not being uh wide enough and uh special permit for lack of parking as it relates to the use on lot one um in terms of the merits of the uh argument that there's a six family uh there there was a six family there so uh

my client has taken Mr tomman to the property today then there are six uh meter sockets there in addition the city's uh accessor card indicates uh it's mainly classified as an apartment 4 through 8 and then finally uh Mr tomman has indicated that the house that's there this 1298 Rodman Al albe it in horrible condition has a center stairwell and there are six apartments in the building you know Fanning out

left and right of the stairwell so we think we've provided sufficient evidence to support the fact that that was in fact a six family dwelling and we're asking that it be uh that use be revived um happy to take any specific questions or if Mr tomman has anything to add to the application or the petition I know we will have opposition and we'll address that accordingly when we get to

that point in the presentation you have a bom count the six three one of the um you know I'm I know I know um I want to say there two bedrooms in the six the three I didn't go inside the three I don't know what they are there but I believe the the assess card listed as six bedrooms three Bs so but it also listed as a three three unit

building and we'll I'll offer that up in a minute as far as bedroom counts going in the building it says that there are six bedrooms and that's the front building the yes front the back building has total of nine bedrooms according to the assessor card which is the only the document we have the front building is listed as the six family right the the address is$ 12298 for clarity it's labeled as a six family on their

plan it's listed as a three family and the assess I'll explain to that when you're asking is a zoning classification for the use of the property which is a total of six units so that falls between four and eight but again I'll wait till you call on you have the uh six meters yes is that here are you presenting that yeah I'd like to submit

it that could be per yeah okay uh members of the board any uh questions i' like to hear from Dan again all right so first um and this helps you know but he alluded to to the request through a variance of reinstituting the the past use of the property that's actually a special permit under uh 86428 where the board by special permit can reinstate a previously non-conforming use that has since then uh since in

operation the denial paperwork from the building inspector and my subsequent conversations with him and the assessor offers that this is a three family building which we can pass along the the building card for that that building I think we the only legal record of that structure is a three family and that's been the determination of the zoning enforcement official as well now if the applicant would like to

oppose that decision by the zoning board by the zoning enforcement officer he would have to appeal that decision separate filing than than what's here so his assertion is it's a three family the assessor is three family not is was because it hasn't been occupied in over two years so my opinion is and the building inspectors is that the only relief that you can grant with regards to

86428 is to reinstitute the previous ream use which is what the assesses office has list that's for that aspect of of The Proposal which I think you really need to get to before you contemplate anything else right and the building inspector is aware of the meters um and did not sway his opinion in any form or fashion I do have some photos that I'd like to um present as well these are

photos that I took today just show on the inside of the were these given to the building inspector at any point no I just I just took these tonight like uh 4:00 or so um that is the interior division wall the original plaster all horse here uh plaster there is division uh panel clearly going through the middle of the house this is the side entrance that faces Omen Street to that

six family and this is the stair so when you go in that entrance you're in a staircase and you have a door to your right and a door to your left and then you go up the staircase in a common area so you would have to basically walk through a stairwell if if each floor was its own unit you would have to walk through a common area to get from one

side to the other it I don't see how this I mean it's been in this condition for many years just given the condition of the plaster location of the stairway um I don't know where the Fusion comes frombody did anybody speak to the assessor regarding their assessment of the unicor no no thank you m but there's clearly a division wall that goes from the first floor all the way up through the

third and again you would typically see in a case like this a staircase would not be in the center of the structure it' be towards the front towards the back if the entire floor was to be a single unit

well we're to the point where we are in order to go forward on the special permit we are limited to only returning it back to what it is what the zoning enforcement official has determined it to be correct so that's the only thing that that you can go on you can't go by my opinion because I haven't walked through the building I'm just relaying his opinion and the Assessor's record for the

property if the applicant would like the ability to table and have that conversation with the building inspector I would have hope they would have done that by now yeah and so the applicant's willing to relent and concede to a three family

determination okay so the uh amended did we we would would we have to re repost no you're you're reducing the and if necessary I'm happy to make an oral motion to amend to change the request to re reinstitute the use as a three family dwelling stipulating to the decision or the writings of the building official at City Fall River okay so that's your motion yes okay so we're now looking at a three and

a three and then three threes correct everyone understand everyone have that everybody have any other questions on that you can vote on just that special permit if you want to deal with that rein reinstatement of non-conforming use you can take input regarding adjust those matters deal with that close that out because then that that decision is locked in in the event that other relief

is not granted he he now has the ability to go back and restore those buildings to a three and a three so I would like him to at least close out that decision for him for the out so take the special permit initially by itself yeah and take and take commentary only to that specific part of the petition the other part of the petition we'll have a discussion once we get

there as far as any anybody in favor or in opposition I think that muddies the waters no it doesn't it's a completely different vote it's one project though I also want to be clear too there'd be two special permits right for a waiver of parking okay so you have one special permit reinstituting the use of those two structures for what they were if you want to let them roll them all in as

one meaning as one uh discussion and vote yeah exactly that's up to you but I I if I was sitting in your chair I would have asked for separate votes but I won't tell you how to right now this is one this is one uh project Al together and I I I you don't have to allow the separation of vote we can keep it all together and I'm going to have because

all the audience isn't going to be able to okay differentiate what we're talking about here so um all right no other no other questions from the board to the audience anyone in favor of this petition yes yes even the Executive Vice President ofy you can see I'm here tonight in favor of this petition uh primarily based upon the fact that this particular piece of property has been an eyesa and a decent

piece of property located along the Rodman Street Street uh vicinity the reinvestment in this property will be generating new residential opportunities for people that are needing uh residential um accommodations within the city um the project that is currently proposed does encompass and accommodate all off street parking off Street for the units that are being proposed in two to one fashion so it shouldn't have any

negative impact around the surrounding areas and I think by virtue of the rehab and reestablishment of new units in this in this on this particular location not only will it be um an improvement to the lot itself but Al also could have substantial um impr improvements to the evaluations of other properties are by virtue of we have a decent lot in the thank you thank you anyone else in favor anyone else opposed

yes may I say uh yes just uh your name for the board please my name is LS a melum 577 grenell street I'm a disabled American Veteran from Vietnam ARA and I think this proposal is detrimental to the neighborhood I live on the corner of grenell and and Rodman I've seen at least 10 accidents because too much traffic no no place to park cars my fence has been knocked down three times fortunately the

insurance paid for it Mr M just again where are you located 577 Street one single family home it' be north of the site Mr you're director yes yes you own that property I do okay did you listed his banaa it's my wife name de her name I did you see the plan oh I got it here and so you know this this six family has never been a six I've been there for almost 20 years

got we've already got past that that's why I wanted to bring it but I I have an issue with it because it was condemned by the city three times that I know of the last I heard was I got the reports see from the building the dep with all the inspections the mayor called me and told me the house was going to be knocked down in February they went out for bids to knock

the house down I got the copies of the bids here uh eventually someone bought and I'm glad the gentleman bought the house because that something had to be done with that property yes but it's 3 ft away that the one that was saying was six family which was never six family if I put six mirrors in my basement doesn't become a six family it's still a one family right uh that house burned down 30 years

ago two weeks ago I was overseas I got a phone call with pictures they went into my property knocked my fence down in order to cut deer trees and made a mess of my yard my my lawn and then just threw gravel at it so we're not starting in the right foot to begin with furthermore three three families on Omen Street every single house on om street is a single family home and all of a

sudden they want to build three threes oner R4 I believe it is R4 zone is unacceptable so I hope the board denies it because it's detrimental to the neighborhood there is no parking spaces not enough for 18 units you want to know understand it's 15 uh but nevertheless there's not enough parking as it is uh we have problems I've had to call the police because people from other streets

are parking in front of my house because there's no parking around now they want to build three F no none of those three family homes that they want to build has enough Frontage or enough enough distance from The Neighbor Next Door and therefore uh he should not be allowed okay thank you thank you so you are aware you you did properly state that it's 15 instead of 18 you understood that that's not going to be

requested as a six now it's going to be requested as a three remember the last that the house shouldn't be there okay the house is officially uh condemned and should be knocked down thank you and it's 3 ft away from my property thank you the only reason I built that was because of the city the building department told me that house was coming down so I buildt a brand new house there because of it thank you

thank you okay anyone else a

post5 yes right across street y uh I think the I heard about me on the the the house that's not true because I live there for over 40 years I never see one person Liv in that house that house was a warehouse for Junk they pick up from the street and no conditions that's not house just as a a roof the the house next and uh they think about building a housing project 18 families

there you you see the people over there you got one project housing in front our house in a Zone one family they need for that at least 32 36 parking space out the street I don't know I think that's if they talking about on the single house okay but three three of four new ones two old ones I think this to much my opinion thank you thank you anyone else a post

yes uh James C of 32 Alman Street uh I think think that's going treat It's s for two one family and three Deckers on three Tre Deckers ons too much parking right now is terrible because we got people from Rodman Street parking on Omen Street and I think it's a little too much for for that corner thank you okay thank you sir David Santos 605 grenell Street 1274 Rob um like they said the neor I've been

there 40 plus years and since I've been there at least 40 single 40 homes have went up the neighborhood's congested Walmart went up McDonald's traffic it sounds like the Bronx at night with police cars and all of that you know it's horrible and it's not the same neighborhood I grew up in as a kid you can walk around that neighborhood leave your car doors open now you're going to jam 18 more families in

there within a block of of a COR that has a hair salon insurance agency a Cafe St John's Athletic Club parket is horrible I have to parket my mom's driveway half a block away to get my truck off the street may know because my my family has cars and they use a two car driveway it's just sometimes I have to park and park away the neighborhood is just flooded right now it's unbelievable the traffic the accidents

at this corner at least 15 a year I mean since I've been there I want to say at least 15 in the last 3 years you know cars going through his fence hit in my wall just the traffic is unbelievable especially since Walmart McDonald's and the 40 single families that went up since I was a kid I mean it's jaming and it used to be a quiet neighborhood and now you want to put a

condo like type building over there I can see a couple of single families you know if you want to do that but the jam 18 families 15 families in a 12,000 ft lot you know what's the minimum lot in City 5,000 square ft depends on the district and that's a single family you're going to put three buildings four buildings on a 12,000 ft lot uh the request is that's just my

complaint you know it's just it's it's just jamming in there that's all um anyone else opposed yes yes just one to minute right that house is I'm sorry bananka 5 7 El straight thank you that house is like not even 3 ft from our house that first house the one that was condemned many years ago you go on to our deck you can see right into my house if you look out the window it will

be absolutely no privacy whatsoever I can't even sit on the deck if I wanted to because the windows are so close to where my deck is my sliders you can see right into my house and when they chopped down the trees all the Privacy went away at least we had some privacy with the trees the trees are gone there is absolutely no privacy whatsoever and putting three family in there there will be no

privacy you would have to have a 10- foot fence to get some privacy I I can see maybe knocking the house down move it down more just give it give our property some prop I will say Okay anyone else sure my name is am Mel I live at 595 grenell Street um I mean just to build off everyone else uh I've I've lived at 595 grenell Street for about 15 years now and just the

parking on grenal street and uh and Rodman Street and Omen street it's overwhelming you know you have all the people from um from Rodman Street coming to park on grenell and it's it we we can't find places to park our cars um especially when it snows all those people have to when they they have the parking BS they have everyone has to move their cars off the main road and

onto these side streets so um parking is a problem and especially on Omen Street there are no three family houses they're all single family houses uh anyone else opposed okay may I speak in rebuttal please yes thank you um okay I'd like to point out for the board's edification that the Lots known as 595 and 577 Gren both who have spoken here tonight were created pursuant to a variance of this

board um that variance is dated um January 2nd 2003 um and that variance was required because of substandard lots second uh the house at 577 grenell was built obviously as we've heard through testimony while the structure of 1298 Rodman was there so they built it knowing it was there and pursuant to a variance and I understand there's a representation that somebody said it was going to be knocked down and so on and

so forth but the fact remains that the lot was created pursuant to a variant and it was built knowing that structure was there and ultimately even if it was knocked down as long as my client left a structural member up he could build it in that same exact location so I think that's important when you're weighing what's more detrimental because there's some realities to this petition that are

sort of getting overshadowed in terms of the arguments relative to parking uh the Lots proposed as numbers 2 three and four all provide sufficient off street parking person requirements for what is being proposed so that's an important highlight uh several people just said that this is a single family neighborhood which is in accurate it's an R4 zoning District which is a two family zoning district and there are two

families there are three families on Rodman Street right across the street from the site so I want to point that out as well and then relative to the lot and the comments surrounding the lot and the condition of the lot and the trees uh when my client acquired the property he had LX tree service from Swansea go there and cut the trees um he was doing that to prepare the site for development

and for betterment of the site there was no intention to interfere with anybody's privacy it was an overgrown jungle with mattresses and tires so I think that's important to bring out as well nothing that sir go ahead there was a mattress there was all trees in my yard my yard is perfect was perfect they they dismantled my aluminum fence up front without my permission brought every equipment in there to cut

the trees next door trespassing my yard had nothing to do with it and I know I was not the owner who did it but there was people working for him therefore he's responsible not not me okay so and yes I did I I did build a house there because City Hall had condemned that place and was supposed to be knocked down and that's a that's a fact it's a record okay and has been has

been the same thing has done at least twice since since I've been there condemned the city spent $77,000 cleaning the house the one there was supposed to be six families quote unquote well and and it was never knocked down okay sir what we're looking at now is somebody who's coming before the board to renovate the property improve the property um okay anyone else opposed no members of the board oh I'm sorry yeah I

do have a we have an

email can't really tell if it's in favor it's from rosemary Paul um as you probably are aware a contractor is attempting to put three more tenement or apartment houses at 13 Rodman Street just so you know I live at 54 Omen uh for 77 years before I could remember until the 60s it was used I used to cut the grass and it was used to scrap metal over there that said ground is likely

contaminated our area has a great deal of some type of limestone which is not easy to get out of the ground our home is in neighborhood foundations are at least four to 5T High because of it also the fact that there are rats and many verment that should be exterminated before any work be done on the building we would like to we would like your committee to take all the information under consideration before issuing a

response thank you what the same yeah just a duplicate so that opposition I would say um okay members of the board any further questions comments Dan I have nothing else just I want to reway the building inspector opinion very good okay so the petition that we are moving forward on right now is for a three in the front a three in the back and three threes across the Rodman Omen Street side with a total of

12 27 parking places total yeah Mr chairman when we have to put the delineation first that that six that they requested not be permitted and that it's that the most could be the three yes that that that you have multiple motions multiple multiple yeah um so the first is is a special permit that that is to uh reinstate the expired use and that will be uh bifurcated whether or not is more detrimental to

the neighborhood or not do we have a motion on that see I don't know how we can restore a multif family use of two properties a six unit when that's not what was previously approved the attorney has withdrawn that portion of the application and is presenting it to yeah he's withdrawn the six so it's a three and a three so instead of a nine it's not a six and a three it's a three and a

three is what he request what the request is right just to clarify that and also um I'd also like if there's going to be discussion i' like to hear the discussion because I may make a motion to table so if you if you're going to go right to a motion I need to speak to my client I thought there would be some discussion there's going to be no discussion we're there I

mean there was no mo there was no okay we give you two minutes thank you is this a good time for a five minute break uh Mr anybody okay with me yeah we'll take we'll take a five minute John need no council yes Mr Frank uh petitioner makes a motion to table this petition to the November meeting um I'm happy to pay the fee tomorrow I don't have a blank check with me and fill out the

appropriate form I have okay you want to do that fill form tomorrow bring a checkrow okay uh do we have time Mr chairman I move that we grant them I'm sorry I was just going to ask if we had time for the abutters to be notified or will this serve as their notification this is this is the notification next meeting is November 21st okay1 all right so what is being presented is the

uh petitioner is uh tbling the matter until requesting to table the matter until next month's meeting uh so we have a motion on that motion second second Motion in favor yes motion okay uh and on the motion yes yes yes can yes yes yes yes yes yes across the board thank you okay so the the petition is postponed until next month's table till next month's meeting you this is serving

as your notice that you if you want to come back uh for the next month's meeting um You probably will not receive another notification in the mail because you're in a butter um and uh we're moving on to the next one thank

you now we're up to seven we on seven seven no no next yeah no we're going to eight now right correct you confuse me you say yeah item number eight uh jrbl holes LLC and care of Attorney Peter selino have everything today everything nope Tom cen's coming up and he's an Allstar uh all right this petition is relative to 24 Kennedy Street in Fall River the property is owned by jrbl holes LLC this

gentleman could you say your name for the record uh J for R and this gentleman is the proprietor of the LLC that owns the property uh the petition before you relates to an existing structure that was also significantly dilapidated when my client purchased it the proposal in includes converting the existing two family structure into a three- family structure um as far as the waivers in

front of you uh the first would be a variance for use this is an R4 zoning District so a three family would not be allowed by right the second is for a lot coverage uh because of the parking that is proposed and the asphalt we need a lot of coverage waiver and finally a special permit for Aisle width as you can see from Mr tolman's plan the travel aisle is only 16 ft as opposed to the

required 22 I've submitted to you in my petition that the hardship associated with this uh site is clearly the irregular shape of the lot uh the Westerly side of the lot as you can see is very oddly configured and the single uh the three family that fronts on Stafford Road uh effectively hugs this building I don't know how that lot line ever came about but nevertheless it's odd um but we

submit to you that uh we can provide the upstreet parking necessary um the gentleman's underway in terms of construction and done a very nice job so far and we'd asked the board for the relief granted happy to answer any questions relative to the petition or the plan so uh again attorney selino the special is just for the width yes the width of the travel aisle running from Kennedy Street North

okay okay so so uh loot coverage is going up to 60 uh yes okay and you're providing six six off Street currently there's just a small driveway on Kennedy street but there is lawn remaining there would be lawn on the northwest corner y okay members of the board any questions Dan any comments um it's my understanding that there are no exterior modifications to the building there's no Roof Dormers there's no nothing the

building footprint stays exactly the same the roof stays the same there's no Dormers to make more space inside the third floor no no okay and then my only other comment similarly when we're asking for relief of lot coverage is that all imperious surfaces be infiltrated into the ground that's it and the special permit for for parking is the Minimus by the width of that of that drive out

okay so that would the infiltration uh system would be reviewed under site plan correct okay so we're looking at a variance and a special permit correct yes is there anyone here in favor of this petition anyone opposed okay members of the board are you looking for a motion Mr chair looking for a motion on um well we have a variance for uh use and lot coverage I discuss no questions huh or discussion on questions

if they're not ready for a motion yet but what I'm wondering special permit first or Vance first yeah there there's no need for the special permit if you don't VAR so as I said we have variant for use and lot coverage and then we also have a special permit for parking uh and the lot the width okay so the first will be on the uh variants do we have a motion on the

variant m Mr chairman I move approval of the variants uh for use and lot coverage speciic conditions uh condition on the U site plan review on the infiltration system for the building that it uh all imperious uh surfaces and also No Ex well yeah do we have a second second okay Alex yes Jim yes yes yes chairman yes okay and then um the special permit for a parking waiver who

have a motion on that uh Mr chairman I find that it would not be substantially more detrimental to the area to wave the or to uh Grant the parking um special permit and I move that we uh grant that permit okay so that's both it's the bated hearing but he made the motion that it will be both the not more detrimental and approving of the motion in one motion do I have a second

second okay second Alexis yes Jim yes yes D yes and chair Frank yes okay so it's Grant thank you very much e but write everything down yepy give a little bit of okay item number nine Ernest Costa Jr and Robert Costa care of Attorney Peter selino 0 and 99 Jones street map t06 Lots 38 and 40 okay the record's tired but uh my name is Peter selino and I'm a lawyer at 550

Locust Street Fall River I represent the applicants uh Mr and Mr Costa uh the property consists of a single family dwelling it's a long uh rectangular lot The Proposal I think is pretty simple there's an existing foundation on the ground uh that's planned to be removed and we're looking to establish a lot line between the single family house known as 99 Jones and a new uh overly conforming lot labeled lot two um the

issue here would be that this is a g zoning District that allows for 5,000 ft Lots if we are not able to get the um property line where it needs to be then we're off by 2.5 ft in terms of the required setback on the right hand or the easterly side of the single family structure so the requirement in the district is a 10-ft sidey yard setback the client is trying to create lot two

which again exceeds the requirements in the district by double in all directions um so the the simple waiver before the board is that 2.5t side yard waiver as shown on Mr Gordy's plan so the foundation's being removed is that there's a foundation in the rear uh which is there Dash found the existing house is stay the existing 99 is staying is staying okay any questions from the

board Dan nope I wish they were all like this okay this is a variance anyone in the audience in favor of this petition anyone opposed yes sir can we ask what the plan is once the variance is granted you state your name for the board oh I'm sorry Mike mow 66 there's a copy of the plan right there the the print out uh we have up here it doesn't tell them what it's going to be

though and the answer is resale resale yeah okay now is he going to resell it it's going to divide it into different lots and resell it it could be further divided Mike because the lot requirements in that District are only 5,000 sare ft okay because the rumor is that he's not going to divide it and he wants to put an apartment a complex apartment house there you can't put an apartment okay that's well that's what

we that's what we're worried about because it's not enough parking yeah no the the only thing before the board is this right here is short by 2.5 where the house uh straddles the uh zero exactly okay so this he can sell correct which has the gar he will keep this existing lot with the garage as one I can't tell you that definitively keep in mind that's not the only thing before the board is the

setback that's the only thing before the board okay and we we would be notified if anything else comes before if it's non-conforming if you're in a butter are you what was the address again cross the street cross the street yeah if you are in a butter just make sure did you get notified of this heing if you did then you're on the list okay now that would only be if a variance is required right

correct if it's conforming then they can just go ahead and build yes correct is this property uh can you build multif family on it I don't I think yes but my zoning codes in my back is there limit as to how many GCT three under the general zoning District okay but to build to go three you would need 8,000 square F feet of land okay now um if they did build three

would they require uh parking yes two spaces per unit two spaces per unit and if they couldn't meet that requirement they would need to come here to meet that requirement the lot coverage was too much they would need to come here so anything that they that they couldn't follow in the zoning bylaw would require them to see the okay excuse me the the square footage for three family was

would be 8,000 5,000 square feet for the first unit 1500 square F feet for each additional unit for a maximum of three and this what uh with the house is going to be how many that's 11 17,0 748 and then this one's 10,000 so technically uphill you could do a three family Lot number two could be two one families right two single families or one three fames okay the two singles would that that neighborhood up there

but they would that would require parking also absolutely two off you need two off yeah Jon street is a very busy street and right now it can take a long time just to get down the street if there are cars because it's really the gateway to the highlands so many people are driving up to get part of this petition is also that they're adding two off street parking spaces to the existing house to get more cars

off okay thank you okay thank you you thank you anyone else in opposition okay members of the board do have a motion we Mr chairman I'd make a motion to approve the variance as the requested second motion and seconded on the motion Alexis yes Jim yes Dan yes yes chairman Frank yes thank you appreciate the Indulgence sorry I had so many like I said Tommy cen's much more articulate than Tom appreciates

it'll you'll enjoy his presentation tonight we getting Tommy two hours in so we're gonna take another break more break all right uh item number 10 hide Development LLC care of attorney Tom Floren 0 South Beacon Street map h06 lot 13 good evening Mr chairman members of the board for the record attorney Thomas korin L is at 350 North Main Street in Four River Massachusetts I represent the

applicant High Development LLC uh this particular application prends to vacant property on uh South Beacon Street the lot is uh 77,78 s ft is currently a vacant parcel of land it's partially paved over um there's Frontage of 273 ft along South Beacon Street and roughly 445 ft along um looks like Center Street uh what's before you this evening is a request for a special permit uh to allow for the

construction of seven uh townhouse style buildings each building containing three units uh for a total of 21 units each unit would have three bedrooms um and as proposed have two and a half bathrooms uh we're in a commercial Mill District um which allows by special permit uh development of 20 plus units um so we're not before this board this evening asking for any kind of variance relief

um we also asked for a special permit um with regard to some of the parking that uh is along um South Beacon Street as it's within the 10- foot um setback area uh from South Beacon Street so we would ask for a special permit in that regard and also with regard to some of the Landscaping requirements because we have over um 25 parking spaces um with regard to the parking spaces we uh wanted to

make sure that we were able to uh comply with the bylaws requirements of two parking spaces per unit and in fact what's shown on this plan is as 50 proposed spaces and there's a requirement for 42 proposed spaces so again ultimately what we're looking for tonight is uh a special permit um again because we're providing for more than 20 units in a commercial Mill district and a special permit with with regard to

some of the parking requirements uh with me tonight is Jeff Tolman uh who's the uh site engineer um on the project so either one of us will be happy to address any questions or concerns of the board third times the charm I think I think this one's only been twice twice oh right uh question is this is going to be a butting that South Beacon what the the Duro complex that's being correct eventually renovated redone and

then the new building now the new building that I know it's not part of this project but how um doesn't show on this plan maybe it does are you speaking of the Fel to the South that was just permitted is that the 19 units I believe yeah so I can offer that um currently this site is permitted for self storage facility you know roll up doors and steel panel garages that encompasses

about the same area it's been through conservation permitting could could pull a builder permit at any point in time over this last year you know through the Duro Mill proposed renovation of the 400 units across South Beacon and the most recent approval for Atlantic West LLC to the parel to the South for townhouse style development the character of this neighborhood is taking shape as a

residential use that's why the is then now Switching gears to come in with this new proposal to be more in keeping with what's happening around him um and we're actually happy to see this proposal rather than a self storage or for sure um the relief requested is all by special permit and as minimum they do have site plan review permitting Conservation Commission permitting so a number of permits to to receive after

this that deal with storm water primarily but um although I wasn't involved with the um the uh proposed Self Storage my understanding is that's allowed as a matter of right obviously we had to go through site plan approval right and Conservation Commission um but but m dager is correct I think the applicant or the owner of the property is has taken a look at what's going on in the surrounding

neighborhood and has seen a shift from more of a commercial or business type nature to residential and and that's why they're they're looking at pivoting potentially with regard to this site okay well no VAR special permit corre yeah yes that's it anything else Dan no okay um I'm sorry I had keep flipping back and

forth I think my confusion is my orientation I think I'm going the wrong long way all right so oh on the on your looking at the plan or where you're scrolling the both looking at the plan it's going this way correct correct over here is where they're building the new building for this one correct yeah yeah all right I know where I'm at now I was thinking it was coming this way and I'm like that's

going to impede on that one and okay very good um anyone in the audience in favor of this petition yes I'm Ken fola Executive Vice President BR countyc I'm here tonight to support this the special permit request that's before you uh as attorney color has stated as well as Mr agya there's been a lot of change in the state in terms of residential use um you know I guess For Better or For Worse depending on what

side of the fence you are we believe it to be for better uh clearly you know the uh recently permitted project for Atlantic West the permitted project for the reconversion of and a rehabilitation of the Duro Mill for residential purposes obviously this piece is sort of in the middle and sort of sticks out and having this um converted for residential use I think completes the overall

picture there in terms of the piece of the puzzle and that you essentially creating more residential home opportunities for uh residents of the city and it also enhances an area that quite frankly is probably a need of significant investment so between all three projects to the extent that this was uh approved by the board I think what you're going to see is you know the um development of a new neighborhood

down there which is going to have a beneficial impact on the surrounding neighborhoods as well as increased property values throughout the area so based upon that I'm hoping that the board see to approve this special permit request than Ken uh is there any concern on the part of Economic Development I know that there is a housing shortage still in the in the geographic area but that we're eliminating all of our

commercial space or so a large number of acreage that is going so yeah so there always a little bit of a concern right so but you know unfortunately again if you look at the a lot of the Mills just don't lend themselves for manufacturing purposes these days because they multi multi stored everyone everyone wants single story high ceilings concrete floors and loading docks right so the Mills

themselves are not very conducive for rehab for manufacturing purposes and that's why we've been repurposing them for residential use obviously we lose a little tax base when it goes from commercial to residential however in this instance we're actually increasing some tax base because we're going to have a greater valuation Theos as a result of of the um the proposed use overall I think you know that's that's

an issue but you know the fact that mass for is running out of land yeah we don't have much land available for further development and I think you know you might see some repurposing of other properties for you know manufacturing purposes if the manufacturing sector actually turns around we're more of a service based economy now you know jimy you can recall back in the 1990s we had

more than 21,000 manufactur jobs in the city today we have less than 4,000 wow so we've lost that not through any for to Fall River yeah but just trade policies and other types of policies so we had to diversify the economy and as part of that diversification effort is the ReUse of existing buildings for different types of uses and with now with our Industrial Park primarily full our Technology Park full our Commerce

Park full yeah we got to identify other sources and other areas where we can expand to accommodate these proposed uses but this is a little piece that's oh yeah I'm not really directing it towards this one but just a concept in in general absolutely we still got some land along the Waterfront the shell site which is about 60 Acres that could be used again potentially for some sort of

um commercial or or industrial use but again it's just like anything else a lot of people don't like to see those types of uses in an area where they become it's quiet right so you introduce another use even though it may be allowed by zoning sometimes that's problematic as well but that's a good point Thank you thank you okay anyone else in favor anyone opposed okay members of the board do we

have a motion just to assure people that I'm not opposed uh I move that we Grant the uh it's a special permit so yeah I find that it is not substantially more detrimental to the area and that I move that we Grant the uh uh special permit do we have a second thank you okay on the motion yes Chim Yes Rick yes Dan yes chairman Frank yes granted okay item number 11 thank you very much

Adon do Santos care of attorney Thomas pen 533 Handover Street and map M18 lot 16 evening again Mr chairman members of the board for the record attorney Thomas goren offic is at 350 North Main Street for Massachusetts I represent the applicant Adon dos Santos who is here this evening uh we're peering before you tonight uh with regard to a pre-existing non forming two family structure and a

single family uh zoning District uh the property at issue is about 7,800 ft and has 60 ft of Frontage along Handover street again it's an existing building um and it's been utilized as a two family structure it's three stories in height currently the third floor third story is being utilized uh for storage by Mr do Santos who also resides at the property on the first floor what we're

seeking tonight is a special permit to convert the the excuse me the pre-existing non-conforming two family to a three family uh residence converting the third floor um to another apartment uh there would be no exterior changes to the building I did hear U Mr agar I think inquire on an earlier petition about the addition of Dormers um there'll be no stairwells or anything like that on the exterior of the

property so what you see today at the property in terms of the structure uh would be the same uh as if this um if the board saw fit to Grant the requested special permit uh we do provide for six off Street parking spaces there are two in the existing Carriage house/ garage and then four spaces um that back up against each other um right up along the existing asphalt walkway um we do need a

special permit with regard to the parking aisle with um so again there's two special permits effectively that we're we're seeking one to convert the structure from a two family to a three family and then for the parking aisle with um along the driveway but again we were we're sensitive to try to make sure certain that we were able to um comply with the uh the the parking requirements

per the board's uh zoning or for the City Zoning Ordnance um to make sure that we provided six uh parking spaces off Street um Mr dos Santos did uh receive a communication from one of his neighbors um Jean Powers who lives at 517 Handover Street um if the board would allow I'd like to just submit that into the record she's indicating that she does not oppose uh the requested application thank

you and so with that um I'll certainly turn this over to the board at this time and if there are any questions or comments I'd be more than happy uh to answer them Dan no uh I have nothing there's there's no extension of um the structure there's no expansion of lot coverage so there is restriping the existing asphalt to meet the parking requirements I don't have no issue with it which is what's being proposed that be

striving to meet the Ping requirements of the existing as correct okay all right with that um looks like it's in character with the neighborhood we have uh three families all around it uh all the houses are the same in that block they look the same uh if there's any other comments to be made but do we have a motion AI you the audience yes did I I didn't no I didn't I

apologize thank you see I need somebody to check on me anyone in the audience in favor I it's you your house right anyone opposed no okay do we have a motion Mr chairman is the bated request is that correct it it is you could lump them all in if you chose lump them all in yes okay so I would make the motion that we lump the uh everything into one special permit approval moove approval of the

special permit second second okay all those in favor got to find that it's not more substanti yeah but he didn't on the motion yes Alison Jim Yes Rick yes Dan yes yes chairman Frank yes thank you thank you very much have a good night everyone thank you okay item number 12 review and discuss zoning board appeals rules and regulations pertaining to the number of submissions except last month we yes so

we have I've GED some information and the issue that I had with it is that and Ricky and I talked about it recently is that most zoning boards of appeal meet multiple times in a month so when they C motion to deny no so um I think I think we should uniquely look upon ourselves as how many do we feel comfortable with new petitions yes taking in at a time you tell me what you think

that number is whether it's 10 12 15 whatever it is and then let me go look into how do we make that happen what what type of vote what what what path do we need to follow to make sure that we're following the law correctly by limiting that I don't because I don't want to infringe on someone legal right and I want to make sure that us capping it that we have the ability to do that

so tonight I think tonight is a good representation of what right so upper limit should be I mean we're at 11 here we're at 18 now that was with 11 new petitions one carry over Dan but I mean is it within um within the board's right to set the number that's what so that I will go investigate all right so really there's no purpose of discussion no there is because if we have whatever the

ability however we need to do it I want to know what that number is my my opinion is that the planning department and your staff you and your staff know the amount of work and the time involved in processing the applications and so I don't think we're in a position to tell you how many you should process because we don't know the uh the the time commitment but it's also but but it's

it's that so that's one part of it but and it's also to make sure that we we can give everybody the attention that each petition deserves right and that we don't get tired after three hours we did something this a couple years I know we did yeah and it comes down to the complexity so it was 818 we really only had one complex that that went on do I think 12 is probably

the number probably about right uh 12 new petitions yeah and then that gives us room for however many that are table but the complexity of them changes varies you know you could have eight quick ones and one bad one you don't want to leave it un right and find out so so we have to have a limit somewhere Dan have we got the ability where like we we knew the number of new petitions

that was going to be on next month's which is a quiet meeting yeah but but let's say it was a higher one one more petition so we've only had five new well let's say it was a high number could we have granted them the extension but not to next month to but to the month after because we're already full correct okay I think that's a control control Factor we need to

examine as long as it's to a Time certain that both parties agree to you can put it on whatever mean you choose that could get messy why that if you say 12 but we're only going to cap it out at 15 and have three carry over and then no what he's saying is that suppose we find out we have 12 and you don't want to allow people to table like tonight like

next next month we have five oh for next next suppose we had somebody that wanted the table tonight you would have to on the first table make the determination that anything that gets tabled is going to the following B Now understand when we get to that meeting you can't limit you're still stuck with the 12 new ones that could come in so you could have allowed six to be tabled 12 new one's

are now you're in 18 so well can't we go by a total number it I mean we already know how many you have for next month exactly yeah so I mean it's kind of I'm just saying if we have a full every month so so so tonight we knew we have five for next month right all 11 wanted the table that be okay so you can't you can't decide halfway through

the meeting sorry nobody else so it would have to be what meeting what mean are these get that we have to yeah it's all or nothing right because everybody has to be treated the same way in order that they come in and present it to you can't have any bearing on oh really put on so so you think are you're comfortable personally again going from 15 to 12 Max yeah yeah or leaving it at

to 15 you know but I think that success of 15 is success I mean there have been nights I remember we stayed here till 11:00 a.m.

or p.m. I know I me that's I used to try to talk quick yeah well I mean if we are you looking for a vote of the board just just a poll of you want to reduce it from the 15 I think well I'm comfortable and I'll come back to you next month with what is that process and we'll we'll decide if we all right so personally I'm comfortable with

your request or your opinion okay 12 is there a standard no other areas have it's all different and like I said has five is that correct other places are multiple meetings a month once a month once a month that's incredible and five Max and once a month yeah but the process they go through there they don't get as many petitions they may go some months and have two really and there are

many you know so our our zoning you know and and we're we're limping forward with making changes to zoning like the A2 for instance that should limit you know zoning you know requests for that um but the history in New Bedford where attorneys applicants and Engineers know the the potential for being granted relief precludes a lot of people from F yeah I see so I would rarely rarely submit something to the

city New Bedford requesting zoning relief and I would have eight to 10 here every so it's it's a difference so well Ken said we running out of room so it shouldn't be an issue oh listen I I don't disagree we will be no running out of room makes it worse yeah you know everybody's going to do this postage a small a piece of land so yeah let me look into what the process is um it may

just be a simple vote you know we'll look at thank you just be just because how it was done a few years ago that doesn't mean it was right so we'll look into the process we'll consult with the clerk I think with the city uh city clerk's office regarding that type of a thing um I don't think it's anyone one other than you that makes that determination I don't think it's something that requires city council

approval but we want to make sure it's done correctly okay so you're going to come back to us next month with a proposal yes uh okay item 13 is discussion review on um 2025 zoning meetings that we have a you you all should have a handout it's still standed for the generally the third Thursday taking into you know some holidays into account is there anybody's wedding anniversary that falls on any not not

yet pass it got it yeah it's it's only on Christmas Thanksgiving have I can tell you one thing was that the the move to the submission process of deadlines being at noon not being considered complete until we've had time to review them all has been incredible good every applicant comes in they sign an acknowledgement form that us taking their paperwork does not mean that they're on the agenda right so we had

time to review it so making that one little change with the deadlines and and being at noon has made all the difference in the world and that's a fluid process if if there's anything that needs to be adjusted further we can so that we're not scaming you know no I'm saying if there's any further administrative processes that need to be adjusted we could do that as we go along right yeah okay okay very

good um to motion to approve these dates motion to approve all those in favor I okay good second citizen input nobody motion toour uh no approval of minutes September 19th we have we have those yes okay Mr chairman I moove waving of the reading of the minutes and approval of the same a second second okay all in favor uh wait a minute before we do that were any of you not here at the

September 19th meeting last meeting if so you can't if you weren't here you can't vote on minutes no we all we all here we were here yeah we all y all those in favor I motion tojn motion tojn great thank you all very much it's good work tonight second