good evening I am Joseph Barrera chairman of the zoning board of appeals for the city of Fall River It is 6 PM on Thursday April 17th 2025 We are meeting at one government center in the first floor hearing room Person to Mass
General Law Chapter 30A section 20 subsection F I hereby notify all persons in attendance that this meeting is being recorded in a video and audio version by Fall River Government TV Mr Craig Salvador If anybody here wishes to make
an audio video accommodation recording of this meeting please notify me now and I will make a public announcement of your intention You're hearing none Uh recording secretary this evening is Patty Aguia sitting to my immediate
right Present this evening are permanent members Mr John Frank our vice chairman Mr James Caulkins our uh clerk uh Mr Dan Dupair and alternate member in
attendance tonight is uh Alexis Almo Also with us uh sitting to my far left is the director of engineering and planning Mr Dan Aguiar Patty have all the petitions to be considered been properly advertised on all interested persons notified in
accordance with the rules and regulations of the ZBA and Mass General Law Chapter 4A is amended Yes I declare the April 17th 2025 regularly scheduled meeting of the ZBA of the city of Fall
River open for such business as shall regularly come before it I remind all persons presenting before the board including petitioners abutters anyone in support or anyone opposed to a petition via presentation should be limited to three minutes Questions and responses
must be directed through the chair The board's rules and regulations direct the board to specifically look for information which supports the petitioner's claims As such the petitioner should identify and factually support the basis for the petition I
hereby advise the petitioners and all interested persons that this is a zoning board of appeals As such the board's authority exists pursuant to Massachusetts General Law Chapter 48 and is limited in scope and deals with the use of land regulated by chapter 86 of
the ordinances of the city of Fall River Additional permits licenses reviews andor government approvals may be required for the specific development which is the subject of the petition before the zoning board this evening The action taken by this board has a real
and lasting effect upon the title to your real estate I urge all petitioners to seek legal competent coun competent legal counsel before filing your petition and after the decision has been made A copy of the city ordinance is available at the city clerk's office or
from the planning department I remind everyone that the building inspector is the zoning enforcement official You are here this evening because the building inspector has determined that your proposed action is contrary to the city of Fall River zoning ordinances The city
charter section 9-18 mandates that all multiple member bodies develop and adopt rules or policies for public comment We have adopted such a policy which in short provides for citizen input on zoning board specific matters at the end
of the meeting If you wish to make any comment there's a signup sheet on the table just outside the uh the back door I disclose that an official copy of the city of Fall River zoning ordinance is available at the city clerk's office and that one cannot de rely on the online
ordinance and we begin There is no old business tonight so we go directly to new business Item number one the applicant is Kyra Okonnell care of attorney uh Jeffrey P Maderas 284 River
Street map X1 lot 16 The applicant is requesting a special permit to allow the following One to operate a seasonal uh bar entertainment event and uh space serving alcohol and providing food via
food trucks and licensed vendors The proposed use uses would be in addition to the existing commercial boatyard storage facility The property is located within a CMD commercial mill district Good evening Good evening members of the
board Mr Chairman my name is Jeffrey Maderas I'm an attorney here in the city of Flor River with the law office of Burke Espanola and Vanc I'm here to present the petition that is on the screen behind you as well has been uh
provided to the ZBA Um it is the property is located in a commercial manufacturing district Um according to the zoning ordinances if we wanted to put a restaurant there if it was a fixed structure we would have no problem doing
it However um based on the fact that there is boat storage there which um is approximately 6 to 7 months a year uh to utilize the space we can't put a fixed restaurant there So the next best thing
is a food truck and seasonal um entertainment venue So after discussing this with the um building inspector um we thought the best way to go would be to apply for a special permit Um the reason why it's a special permit is
because one there's no fixed structure there So we think we're going to do food trucks or um a movable uh food preparation area as well as uh outside entertainment and um liquor
storage The zoning ordinance um allows a bar in the CMD district Um that's why we applied for the special permit The
usage of uh the property as an entertainment facility or a seasonal um alcohol selling establishment wouldn't be detrimental or offensive to the neighborhood Um this is a way that the
property owner can utilize the lodge space after the boats are moved Um they would be uh using this as the event space probably from um mid to late May after all the boats are in the water and
then it would cease being used once the boats start getting pulled out which would be mid to late October Um so therefore uh we would ask that you rule favorably upon this petition or if there's any questions that I can ask
Yeah let me let me begin with this one regarding uh your basis for the special permit So your contention then is that since within the CMD zone a restaurant could be allowed a restaurant
bricks and mortar That is correct So that's you're relying on that section of the bylaw the use var the use table as far as that is correct and I went over that with the building inspector I'm going to turn to you in a minute We
should probably run through most of these questions right yep Um yeah I want No you know what let's talk about exactly that if you don't mind Dan So normally we'll get specifically what section of the bylaw you're asking the
board to act through under under the special permit section Um and then right under the under the table of uses which category via special permit are you pointing to is it restaurant no Because if it's restaurant then that's allowed because you said restaurant But it's so
the thing is is after the discussion with Mr pathway figured since it's not going to be a fixed structure because of the boats and it's so it's primarily going to be alcohol serving with um it
was going to be in a trailer so somewhat like if you've been to Cisco Brewers I per I've been there before where they have the um the the metal uh storage containers it's going to be on the same idea that's what it basically is but
then we want to all offer bars seasonal music So that and the food would be not prepared by uh Miss Okonnell It would be by a food truck So the food truck could be anywhere else So that's why he pushed
this down to bar um because food is not prepared on Right That's so if if you're pointing to the bar category which is allowed by a special permit That is correct It clearly states but which is not licensed to prepare or serve food
Right So so is it bar that you where you're not serving food or is I don't So that's that's we're going to need clarification about what you're asking the board to act on So So tech we would prefer that it's a special permit as like a bar a seasonal bar right but
that's but you have to get clarification from the zoning enforcement officer with what section you're here for so that we can act appropriately because there there may be uses here that we don't even need to discuss it They're just allowed by right That's so we're trying
to limit the amount of relief needed or denied or granted by this board So we're going to have to get that that part of it cleared out I'm not even sure if having the food trucks there as vigilers who are licensed Yep I'm not even sure you need to be permitted for that Right
I don't I don't know either So I I don't What happens is sometimes sometimes the building department here gives a denial based upon the information that's submitted Um I just want to make sure that what we're acting on is accurate because this is substantial because if
food truck doesn't even appear at the site we still want to be able to serve alcohol So that's why Mr Hathaway said if that's the case you would fall under the bar category Well you've got to pick a category You can't just say "Today I want to operate under this category Tomorrow I want to
operate under this one." So if there are multiple sections of relief that are needed multiple sections of relief need to be required So Connell just said we wouldn't serve alcohol unless a food truck was there So they they want food trucks to be on site So if so if you can't get a food truck
there then you'll be serving no alcohol right yes Actually we've actually also been approached by numerous people that uh would like to be the permanent food truck there seasonally Okay So I don't think we would have that problem where we wouldn't have food there We don't
want We don't want to be the last stop We don't want people just sit coming and drinking We won't have food No I I understand that But so we would not serve just alcohol There was nothing But the the zoning enforcement official needs to be clear with what relief you're being here
sent for right because when if this gets appealed or denied or approved we have to make sure that everything is is done correctly Of course Um so I I think I think a further conversation with the building inspector needs to take place
so that way his either his denial or your request is not so open-ended and fairly finite because when this board votes and if they do approve it it will be condition laden and we want to make sure that you can live with those conditions at the same time So you don't
want to leave and then find out we missed something and now I have to go back So that's all I have to offer on on that part of it Anyway not you can't do right council Oh I mean that was kind of a
question I mean it's it's it's out there So as you go ahead as you just heard Mr Colonel say that we want to serve food and alcohol at the same time So based on what conditions that you
bring forth if you uh are inclined to um go with the special permit if you want to put a restriction that you know you have to serve some form of food there have been food trucks that have already approached
um Miss Okonnell uh and um can't disclose who it is but it's right But I don't I again I I'll read section E again bar saloon or other establishment where alcoholic beverages are sold and
consumed but which is not licensed to prepare or serve food I just want to make sure that we can do both of these through a special permit and that a variance isn't needed So that's what we need clarification from from from the building inspector I understand what
what you're saying you want to do but I want to make sure that you're requesting the right relief and that the building inspector agrees because it's it's not very clear I think and I'm I'm going to be the last guy to give out legal advice Each of those
victulars are lic licensed themselves Correct So the the establishment the property is not licensed Correct The servers are coming on site Correct And I think that's their direction That's where they go Right Yep And could this
fall under G which is commercial recreational facility it could No it could But then you still have the alcohol So including state and I looked at that So when you look at G G is not allowed by a special
permit So that would require them to file for a variance And that's what I'm saying There are different sections in the ordinance that may require different types of relief So we just want to get it right Right So so if if relief from G is required then we want to make sure that we're discussing and dealing with G
What was applied for on the application just a special purpose Just special but it doesn't say under what under what aware No that's my hang up in in going forward I mean we can we can go all the way through and get the whole presentation but what
we're missing is what we're voting on and that's the point And I'm sure that some of the folks that are here tonight are here for this Um so I'd like to hear it through but we still we're either going to have to I think the nuts and bolts can still be discussed Yep
um and then determine the best way to proceed but I think the applicant should be afforded to know what what are the nuts and bolts concerns um that they'll need to address So the hearing is already opened Um yeah it's open so we may as well go
The season let's let's take that up So you're saying May through October potentially It would be on the same idea as the tipsy seagull So where most of their parking comes from when the boats go in the water So as when I discussed
this with Miss Okonnell um the boats start moving into the water uh beginning of May Correct I probably saw already depends on the weather but but I want to we we need a
set earliest latest So the earliest would be what may 1st No June 1st There you go June 1st June 1st Okay Because what's important is on your site plan you've shown X amount of parking spaces that you meet the requirements So the
spaces shown on that plan they only need to be striped right and you can't open unless every one of those spaces is made available and unobstructed by boats or things of that nature So again once you lock into a plan we want to make sure that you can you can live with that plan
Absolutely So So you're saying June 1st yes to October 1st to October 1st And I'm assuming um that if there are boats that would be in the way where you need spaces you will then have other room to move those boats Yes we have ample room
for the season right we have ample room Okay It all depends on the on the weather for a given season right um if it rain if it rains through May there's still going to be boats sitting there So they they go in even if it rains
So you're saying to Octo June 1st to October 1st yes Okay Uh what would you anticipate for hours of operations we'd have to set those two We anticipate uh anticipate closing at 8:00 except on Sundays would be six o'clock
How about opening noon noon And would this be would you be looking for this as seven days a week or just weekend you know we haven't really thought probably seven days a week
So Monday through Saturday would be noon to 8 you said Yes And then Sunday noon to 6 Um and this is something that I I brought up a couple weeks ago
and and did speak to the planning director briefly Police and fire are have they been made aware of this application and are they going to have any special needs so you're going to have to have
a fireman on there's no building but are you going to have to have somebody on duty and also the traffic coming in from from the uh Well we really haven't discussed it with the police and fire because we were going to address that at the liquor license application but
however um it depends on if if you use a tent then that would fall under the building code which would probably require exit signs I don't think police and fire have to be there Um it's not a paid detail situation Um I know fire
trucks can get down there uh because they can access by Clark Street off of North Main Street As far as the access for the facility would it be um would it be Collins Clark or both we would probably prefer that it be Collins
because there's less impact there because there's no there's no um residences on Collins Yeah because there's that kind of narrow spot that comes in off Clark right is that actually somebody's property that's is it on Clark or Colin on Clark You come
in that end When you come in on Clark Street there's residents on both sides Yeah Right up to the bridge When you come in on Colin there are no residents Chairman deers do you think you can get a letter from police and fire that they feel access for proper emergency
vehicles is available i can Yeah because I mean you can't limit how people will get there Um they're they're public ways So you can't dictate what street someone uses to get there as far as the public goes You feel that the 52 spaces that you
designed for this are going to be adequate meets the bylaw Yeah Right But we're talking 200 your your capacity in that patio tiki bar area you're foreseeing is no
more than 200 correct that is correct okay I'm just saying that if you get a big party you're going to have more than 52 vehicles well but the boats are not going to be in the
yard get there by boat so the well you're going to climb the seaw wall if you're coming in by boat this isn't a tipsy Um so you could have then an overflow area up in the north end of the site where the boats are usually up on stands
Yes you could show that on the plan We want to make sure that we don't have parking in the streets is is the intention like has happened in other locations in the city Um parking in the streets not going to be encouraged at all Oh I know not encouraged but we'll
make sure we have overflow Okay And we'll show it on the plan and it'll be designated as overflow parking and understand that if if people park in the street then you you'll you'll be in non-compliance with the variance and it can be
revoked because the last thing we need is to have everyone calling the traffic department and the police department and having to deal with with parking on the street and then other businesses not being able to access their properties because they can't even get by with with vehicles parked on the street Absolutely
We've been a good neighbor for over Right But you haven't run a TQ bar and food truck event Continue to be a good neighbor It's a matter of dotting the eyes Cara That's what it comes down to
It's not We'll get there We'll get there Public comment when when they're done and my board is done Um threw me off there Mr President I owe you one Um I'll be there Tuesday Anyway the
um so the space is that primary area 52 lots 52 car lot that does have to be striped It does have to be marked If we've got an ex if we get an overflow area that goes into that gravel area that's to the north which is usually a boat area does the does that type of
overflow have to be marked i don't believe so It's up to you No because they're they're meeting the requirement of the bylaw So that's you know they're providing x number of spaces right again I I'm trying not to lead them in a direction that they're going to fail So
if they have room for overflow then show an overflow flow parking area on gravel and then when somebody's parked on the street the building inspector can ask "Why isn't the overflow parking area opened and why aren't they parking there?" Right So it's just we're trying to set somebody up to succeed Yeah
Exactly Mr Chairman So I just asked Mr McConnell the gravel uh the existing gravel surface that is hard packed So that could be also utilized as an overflow area if um the 52 spaces are
taken And where to the north to the north that that's what I thought where where you usually have boats on stands up in that area Okay that makes sense That's what I thought And that that is a yeah you've got traffic flow through that area anyway
So that that makes sense Anybody else on the board questions comments concerns concern I have is that the granting of a special variance or a special permit requires that uh two conditions be met And the first one of
which is uh that it is not substantially more detrimental to the area and and would you amplify your your views on the increased traffic into the area and how this is not more detrimental to the area
well Mr Caulkins I would say that based on the district since it's a commercial manufacturing district they could manufacture boats They could manufacture any kind of product and they could have 18 wheelers going in there every day all
day long So with regard to detrimental um like we explained we're hoping to get most of the traffic to go down Collins and that's where the signage will probably be But this um facility or this
site is on the waterfront There's not many places on the waterfront that um could be used in this way other than the south end of the city We have um waterfront areas down on Deval Street that are mostly parks So in the north
end there there is really no type of um situation where we can do this only on this spot So would it be detrimental um probably during the the work week I wouldn't suppose that there would be tons of cars going in and out of there
Maybe on Saturday and Sunday when they do have um entertainment I would say there would be some more cars but as it uh overly detrimental to the neighborhood based on the fact that it's a manufacturing district I would say no
Um I hope that answers your question Anything else before how many boat slips do you have that that people are in and out of um 32 32 And now they're parking for those 32 Yes Where do they park they park on the the south end of the
property near the boat slips Can we get that it's not showed on this No No I was hoping we can get that shown on the plan So if you there it's tough to show So there is parking in front of those two buildings Behind the office there is
ample parking and down the side of the building there's ample parking So but we can get that shown on the plan Yes Yeah Okay And you're planning on having uh dock access for this along
the where the seaw wall is where it says existing seaw wall um in the future So you you'd go to the state get chapter 91 That's not on our purview Um okay Anyone else on the board before we go to the
public is there anyone uh in attendance this evening that wishes to speak in favor of this petition we'll go with you first Can I take my husband no You address
Just identify yourself please with your address Cindy Costa 3216 North Main Street So we are on the corner where you go down to Colin Street
Colin Street And I have been out of work for 3 years We had to move there because his grandmother was sick my husband's grandma So I'm home all the time There's not much traffic that goes down there So
um yeah I see everything And I walk my dog down the hill so I don't see Well if this passes you can get your dog a drink No he's sick unfortunately
So let me clarify I was going to ask the question Are you in favor or in opposition oh definitely in favor Oh okay Yeah had me worried for a minute I was trying to get some clarification Anything else no Great Thank you so much Thank you Anyone else
mr President Joe what's your address Joe 86 Montgomery Street So I am also in favor of this project Um full disclosure I keep my boat down there I've known these people for about 28 years and they run
an excellent operation there If there's a problem there's I've never heard of a problem with any neighbors anything that's going on The proposal when she told me about it I thought it was a great idea It's what we're looking for down the waterfront It's what our city is trying to do all over the waterfront
area Getting to your clarification about parking on the street That first street right there River Street So that's her house And when I go down there I park in the street right there's a lot of people but that's there's no other neighbors there Like if you see anywhere any parking in the street When I go to my boat it's easy for me sometimes just to
park right in the street There's plenty of can go around there And I'm not worried about you parking in the street for when you go down your boat I'm worried about the 200 people that are going to go to this event center and them parking on the street But there's not going to be 200 people parking on the street with the parking that she
provided and then there's plenty of parking My point is there's no other residents on that street It's a street that has That's not true Joe I'm not worried about residences and and and the effects on them and their parking I'm worried about these streets being lined You You've been down Ferry Street Which street you talking about any one of them Okay Cuz there will be cars parked all
the way to North Main Street if this place is that successful And I hope it is very successful So I want to make sure that we can accommodate those people on the property That's all I just want to make sure that they're not there's two of the main streets that you get down there Clark and Collins So I was just saying that what street were
you trying to say you don't want I don't want I I don't want I don't want these occupants that are coming the increase in parking I don't want overflowing onto our streets Okay because then as soon as park cars park on each side and an ambulance might need to get down there
or but there's still room for ambulance and that and that's what I asked attorney Maderish to go find out and make sure that police and fire feel comfortable with this operation happening and that they'll be able to provide emergency vehicle access Okay no matter what happens All right I just
didn't know if you would exclude parking Like I live across the street from BCC There's no parking on one side of the street there Why would they want to put no parking it is right ample room for parking but still they have I just want to make sure you're not going to exclude No no we we don't have the ability to do that That would have to go through the traffic department And actually I think
it needs to go through the city council to put no parking on the street So correct There you go I just want I don't want to tie the No no It's it's it's not that we want to remove what's parking is there We just want to make sure that that these new u occupants of the new business aren't filling up the streets
That's all That's all And I agree with you And I don't think they would want that either No I know they would No but and that and that's just it They they wouldn't So you know they know that So we're thinking of it because we don't want complaints coming in against the new establishment That type of thing Think it through right up front and be
able to cover it So and we can and then when we say we asked the questions our our questions were answered They addressed our comments So then it it can't be you didn't even ask a question about parking or parking on the street That's what I'm trying to get clarification I'm talking about and and
if if the plan could show where if it says existing gravel where you're talking about overflow parking we definitely should probably see uh you could probably add another 30 40 spots with a little better right so more
proposed layout Yeah Can you show you well I can show you where the existing gravel spot is Oh yeah No he's saying just just to have it on the plan if we want to approve something it should be on the plan and I and I agree with you but that's all I have to say is and I would say no and I appreciate that
counselor Um no we're just talking about like for that overflow area Obviously it's not going to be striped It's on gravel but that can be marked off cones etc etc So that's you know I think it's more important to show where like Mr the Camaro when he wants to go
get on his boat or into his boat that he has somewhere to park Sometimes in the summer that I get to go down there when my son's not using but somebody's down there Well but somebody's going down there to get on So we want to make sure that you have a home to park as well Okay Because there there are multiple things If this was a
vacant piece of land and this was the use then of course it's much easier right but there there's a lot of moving parts to this So Mr A you're just curious as far as the permit they're looking for today Y you don't think it would be feasible to get permission for that just going to lock their hands and find the other means of providing no because it we technically don't know
what relief we're we actually have to provide and we need a revised plan to see these other these other items that we're discussing Okay All right Okay That's all I have to say Thank you Appreciate it Anyone else to speak in in uh favor in support sir just
one more question Sorry So will you be tableabling this to get more that'll be up that'll be up to the applicant whether they want us to vote on it or whether they want to table it Sir uh my name is Jonathan I live on 3216 street Okay I've lived there 28
years of my life Um never had a problem with the old had a problem with traffic I've had a problem with people parking on the hills or any obstructions anywhere or anything like that I think it'd be a great access uh a great thing
for the community There's not really much to do down the north end of the city and you got Barretts Al House I mean there's not really anything to do on the waterfront down there Everything's private property owned by the train tracks owned by the city Um I think it'd be a great idea to have
people in the community of the Northland be able to go and do something in the neighborhood and interact with the neighbors that you probably never even met before because there's nothing to do now you know That's about it Great Thank you very
much Anyone else speak in favor sir chairman uh I've been dealing with the Okonnell for 20 or 30 years Uh they run a excellent business there I've had boats there I dock my boats there Uh
they run a tight ship very professional and I'm sure they will abide by any rules or regulations that this board puts forth on Uh the father ran the business for many years Carol and she took over Does an excellent job
Everybody respects that area and I think would only enhance the atmosphere in the north end of that city was something for people to do and uh I think she will do a great job at at what she wants to do Okay And again just for the record your
name and address Bob Survivor 215 Street Thank you sir Mr Chairman if I could just so everybody understands this permit is not granted to a person Okay It's it's granted to a piece of property So as soon as this property gets sold if it ever gets sold it's been in the
family forever but at some point in time it may not be And then we may be dealing with someone else but that permit runs with the piece of land Um and we we all agree that the Okonnell's run a fantastic business We think this is a great use but we still have to do our
due diligence and make sure that it's being done well That's all because it it could potentially fall into someone else's hands that may not have the best intentions and may abuse the overall permit that that they they could be granted That's it Quintwell taken Anyone else to
speak in favor oh sorry Jessica side As a resident of 50 Clock Street I am all for it but I do have major concerns with parking And parking is very limited as it is right now but I am all for it I would love to walk over
there have a drink and go home But parking is bad Like it's just tight on Clark Street Colin Street You can't park on at all But the good news is you'll be walking and not taking up one of the parking spaces No I'll be taking up the ones at my house No I understand That's
the problem in the bridge You can't park on that No And and we're not trying to be we're not trying to be flippant We're trying to work out that parking thing That's you know we spend a lot of time on parking and we're trying to make sure of exactly that So the last thing Carol wants is a police guy showing up saying
cars in the street It's got to move them Um because that always shows up somewhere in the internet Okay Thank you Anyone else in favor yes Jeff Buret I'm not from Fall River I'm
from 226 CU Avenue in Swansea Swansea but I've kept my boats at the Conanos for over 20 years And uh the idea of adding extra amenities to there is I'm all for that And uh I'm looking forward to enjoying that And I've even bought a
little small wher so I can fit in Okay Thank you What was your name again sir jeff Bre Spell the last name Can you spell the last name for him g reve Thank you Anyone else in favor
yes Hi Um Alexia K I've lived at 3211 North Main Street for about 15 years And I do bought my dogs down there So it'll give me something to do while I have my dogs But um it's it's always been an
kind of like unclean place So having something down there to keep that area clean clear and available for not necessarily the dogs but just for anybody to be able to walk down there sit down watch the water whatever It
would be an awesome thing to do Okay Thank you Anyone else to speak in favor hearing none Is there anyone wishing to speak in opposition to the petition good evening Mr Chairman Attorney David
Assad I'm an attorney licensed to practice in the Commonwealth of Massachusetts I maintain office at 326 Pine Street in the city of Fall River I represent Mr Arthur Hancock the owner of 300 River Street uh which is direct but to the north of the property The
business plan that we've heard about this evening Mr Hancock has no objections to the things that brought me out this evening was the petition itself uh in that as it was advertised it was showing that it was at 284 River Street
284 River Street is a residence The property address of this particular project is 180 River Street Uh the assessor's map and lot is correct X1 lot 16 Um I would submit that the board should probably do some action to say
that you've complied with chapter 48 section 11 that proper notice was given and people knew that it wasn't the residents that it was the uh Okonnell boatyard Um one of the other issues that showed up on the application that were causing me some concern was that the
applicant is Cara Okonnell individually Uh the property is owned by Captain Joseph J Oonnell Company Inc And I've heard lots of comments this evening about what a great job Carrick did as pre does as president treasurer secretary and director But it's not
Captain Oonnell Captain Joseph J Oonnell Company Inc that's doing this particular project It's Carara Okonnell individually Um so I suspect that she's going to have a lease agreement with the corporation to
run this particular business at this location Uh so I just was looking for some clarification Mr Caukins was absolutely correct that the special permit issue requires that standard to make the determination uh that it's not going to be substantially more
detrimental than the existing activity The existing activity there is the marina The marine is there is a pre-existing non-conforming use under the ordinance Mr Hancock's biggest concern is that access to his property is usually through clock street He has a
working um machine shop He has a working warf Um there are 18 uh there are 18 wheelers that come up and down Clock Street And if there's parking on River Street or near Clock Street it becomes a problem and police are called for the
purposes of moving the cars so they can happen Uh if the proposal was granted by this particular board I would ask that maybe some signage be put that Okonnell's boatyard is to the south if you're coming off Clock Street Um so they know where they're going and
they're not hung up at 300 River Street going on to Hancock Marine With those um those are the only really objections and the only reason why I'm here this evening is to stop the interference with the 300 River Street
um and that the parking around um Clock Street and River Street that has been a problem in the past that we've dealt with the traffic department Um and I agree with Mr uh Aguia that it's not so much the operation of Okonnell it's when
this takes off and this becomes a venue in the north end of the city that there's going to be parking along River Street along North Main Street and that's something that I think that needs to be addressed I understand that there's overflow parking but uh as much as we think people will cooperate and do
it the right thing doesn't necessarily happen Uh the hours of operation were fine the uh the the the seasonal June 1st to October worked Uh really no objection It was just the procedural elements that brought Mr Hancock out thinking that he was going to have the
activity in the house next door to him Other than that I have nothing else Okay Thank you Mr Chairman I can respond a little bit Jeff our attorney did you ever end up figuring out the address thing with the assessor's office the assessor's office had multiple parcels combined for billing purposes And when
the plan first came in actually the house off the property south um was numbered 180 on the plan The house was labeled 284 It is the assessor's office couldn't figure out or thought they had it figured out but we did know that we had the right map and lot number Um and
we felt comfortable with with moving forward on that Um so I don't know if that street number has actually been resolved No it hasn't at this point Uh we did take pictures of the um the house to the south Yep It is 180 Okay There's
no number on 284 and the house is way off the off the road Right So um but after doing the research I can see where the where the billing got merged and that's how the confusion is Yep But when
police and fire if there was if a call came in that said Okonnell's boatyard they know where Okonnell's Boatyard is So um I do have to go to the assessors and um ask them to give this a number and it would be the number that was on
the original petition which was 190 River Street Okay Well 180 was on the original but but it won't be 180 if the h the house is 180 It's going to be in between 180 and 284 somewhere in between we'll have a new address Um as far as the ownership component um the owner is
listed as Captain Joseph J Oonnell Company Inc and that is um on the application it is signed by Cara O'Connell as president and treasurer The applicant is Carara Okonnell individually and as I previously stated any relief granted is for the property
So the applicant could be Mickey Mouse and and it that would have no bearing on whether or not this petition was granted or not I mean it it runs with the property and on the on the merits Um but but I do understand the the questioning of that The address thing
um is still you know up in the air um to dot eyes and cross te's the the board could make a determination or or vote that um having the assessor's map and number correct in in light of the errors in the assessor's department that
notification was was given properly Um and we actually went so far if you remember to add a butters that are over in front of 180 and so across the street as well So we went we went beyond with the original notification So um and the Abutter is here this evening
as well with with legal representation So I think we're I think we're okay There is going to be to answer attorney Assad's question there is going to be a lease between the property owner and the uh the corporation that's going to run the um the area Uh we've already
established the corporation as Danny's Dockside That's going to be the um the name of the the facility as well as the name that we're going to be seeking the um alcohol liquor license Okay
So um Mr Aguar I think based on the the the relief um car is not going to be licensed to prepare food So it's going to be the food truck operators Mr Pereira had even indicated that each
food truck has to have their own license They're the ones who go to safe serve programs The facility itself is going to be tip certified with regard to the alcohol that they're serving That's a licensing thing not a zoning So I'd say
that we would fall under the special permit where it doesn't require to come back for a variance We'd like to get this approved for the season And that's why we're coming now and everything's been done because if it gets pushed to May we're waiting the 20-year appeal
period then it's further down which we might not be able to utilize the facility this year It's going to take a while to get through the ABCC Um I have a application that's been there now for 3 months and it has been acted upon So even if you filed now you probably still
won't get in Who knows right so we can only worry about I understand what we can worry about So it's different steps and that's what exactly and and there you know there there will be border health issues you've got to contend with and and there's there are plenty other permitting issues You'll have
potentially you may have uh construction permitting through the conservation commission if we're changing any surfaces or uses things of that nature Um we have to look at the existing chapter 91 license Are you impeding public access so there are so many other things beyond this Um so I don't go into
the ownership I don't know if we asked if the rest of the people in opposition if you want You're right Anyone else in opposition yes So my name is Cynthia Last name for all intents and purposes O'Connell This lovely lady is my cousin and my
goddaughter This lovely lady is also my cousin My dad and their dad our grandfather are the original owners of this property It was run by my dad their dad There is in fact residential houses on that street on one of them And
between 180 and 284 is 280 And if you zoom in on that map you will see my house I'm literally caught between a rock and a hard place because this is my family This is my family I want nothing more than to make them all happy At the
same time this proposed bar entertainment facility whatever it ends up being as you stated something happens to them it gets sold I don't know what I'm living with now at this point in time Regardless of what their plan is what they're hoping
for Um if you zoom in you will see my house on that street It looks like there's a distance I'm not even sure where they're proposing to put this container We have discussed it I don't know if it's on the map so I can't see where it is in relation to my house Yeah it would be my house It would be further
into the site where the where the containers are along the water's edge Right Right there So where that container is is immediately in my backyard It looks like there's somewhat of a distance in between but that's a topographical map
And technically a lot of that distance is a cliff Yep I can throw a rock and hit any boat in in that area I can almost throw a rock and hit the water So that entertainment facility/bar if anyone chooses to turn around will be
looking directly into my pool directly into my backyard I will have absolutely no problems with privacy I will be subject to whatever hours they're open I will be listening to music As this lady in the back so nicely stated I already have issues with parking Colin Street
River Street Clap Street None of them are legal width They don't um and they're not double lane They're they're not wide enough to have two-way traffic They're all one car passing at one time Where this nice lady lives in
the apartments on Clark Street I already get their overflow parking and my designated parking areas So I'm very concerned about the traffic flow when I step out of my house because I'm not stepping onto a legal sidewalk I step out of my house down my stairs and into
the street Into the street I have to cross that street to get into my vehicle because there's there's no parking on entire road Um additionally I have guests at my house
frequently I have eight grandchildren under the age of six I don't want to risk them late on a Sunday afternoon walking off my step either my front door or my back door into the street and getting tagged by someone who has just been served at a bar at the boatyard I understand Joe and a few of the other
people here see it as a good thing I understand I have spoken with Carara and Aaron both and they have assured me of some of the I'll say precautions they're going to put into place But even with the discussion we
had that's not where when we discussed it that's not where they were telling me the bar was going to be located I was under the assumption it was going to be on the property behind 284 which is their home I've lived on the street for
46 years with these two women and their brothers and sisters I love them dearly Their dad was my uncle I lived next door to my daughter 46 years of my life This has been my home This is not what I want to see my home I know it's it it's hard
for me to say this because I know it's what they want to do Um but the noise is going to affect my quality of life My privacy is gone Um is security going to be an issue all winter long They have problems with people breaking into those boats in storage in
the winter time I don't I don't know if they're going to have police officers there but I'm very concerned about my privacy my safety my security It's a very isolated area and now it's going to be open to whomever wants to walk the dog drive
whatever Um not not that it matters but a lot of people have brought their dog and I have to pick up the waste after the dog because I don't get that I I don't want to add to those problems that we already have and I I
just I want to make them happy I'm between a rock and a hard place because at the same time I don't want it to affect my quality of my life and it is going to be a very negative quality of life for me So as I said if if you want to zoom into the map for Joe to say there's no other
houses on that street that's not true Joe You know that You've worked in my backyard I'm talking where their house is on the other end Huh i'm talking where her house is not the other end of the street But it's still the street You said there were no other residents on that street And that is not a true statement There's two other houses on that street
And as I also said neither none of them in that whole U-shape provide for two-way traffic So I think that's um pretty much all I have to say Um like I said I worry about the noise I worry about the security I
worry about privacy For my quality of life seven days a week I'm going to have no privacy I'm going to have people driving up and down the street walking music You know I know they're saying they're going to put parameters in
place but what happens if it does really well and now you want to push that envelope a little bit further a little bit further i'm going to have sometimes 40 50 people slamming and opening their car doors in my backyard watching what I'm doing in my backyard I'll have absolutely no privacy
or or or safety quality of life I wonder how it's going to affect my security living on a very secluded street that's now open to anybody who wants to drive down there It's literally my backyard I can stand by my backyard and talk to Carol So it's going to be very very very
close So I do expect car overflow But if you'd like to ask me any questions that's fine We can zoom in on that thing or whatever I'm open to questions I know also Jonathan has worked on and off of them for many years So I don't know if he has what do you call it a a paddle in
the fight a dog in the fight whatever Well I mean it it So your address is 284 correct no my address to the house in the middle The small house up front Okay It's not small because on the street in comparison to I drove right against to the boatyard It's it's And even for me
to walk from my house to my unattached garage I have to walk down the middle of the road I have no sidewalk So even to back my truck out of my garage to walk to my garage and I don't have the legal representation like Mr Hancock has but
I'm sorry I was looking at the wrong house He is right There are a lot of 18 wheelers that will literally have to back all the way in front of my house to back down to his property You're next Stop Hold
I really want to make you guys happy Mr Chairman If I Well I mean can we speak to the distance between the back of the house and and the edge of your property because I'm familiar with the terrain there So if I may u Mr chairman Um I'm sure over the years you've all read uh plans and you can see based on
where 280 is even though um the uh the plan does not have a dimension that runs towards um the Taton River You can see that the first dimension of 60 ft I'd say from where the tiki bar is to where
River Street that's in excess of over a hundred yards Plus the elevation of the plan itself Yes Not to my backyard Excuse me Mhm So with regard to the elevation you can see that her property is 30 ft above the tiki bar So she just
made claims that people are going to be looking into her backyard I'd say they had to have vision of Superman to do that That's absolutely not Basically the um the tiki bar you can see is going to be over a hundred yards away
I actually have a picture on my phone that this gentleman here took from the boatyard about where the tiki bar is with being able to look in my bedroom window Well we can argue that point or my I'm not going to argue with you I'm looking
at I'm looking at a plan the same one that's up there which happens to have grade on it Mhm Your house ostensively is probably at about 35 ft and over just over the line into the
Captain Okonnell property is at 10 ft That's a 25 You're 25 ft higher at your house Yes Than the back of that Correct Yes which is why you can and it gets lower as we go towards my house because it's that elevated So if your house is
here somebody's standing here they have to look uphill at your house correct yes And it's totally unobstructed No no trees no nothing You can go look at a very clear view You can go look at it You can go look at it You probably I did I just didn't know From the pro right
but for the specific instance you know Yep You'll be able to look right and see me watching TV That still is a considerable distance from from your house Where does your pool sit on this on this map it sits approximately I I can't really tell
where the drop off starts on that map but it's probably 15 10 ft from the house It's a 29 ft pool So beyond my pool to where you would actually fall off of that cliff is less It's from handy me to you
Your your pool is that close to the boatyard It's that close to the cliff and at the bottom of that cliff are boats I actually have pictures on my phone if anybody wants to get them afterwards
I'm going to have to take a drive by and take a look at it myself I understand I understand your concern and I appreciate you coming out Yes And for me it's not necessarily a yes or a no I just have concerns that I I need to that I feel are not quite accurately
being answered Well we're asking them to be answered We're asking and I'm I guess I deal with Dela Yes Okay I deal with plans all day every day I'm looking at some pretty big
distances here This is what I do So I'm I'm not telling you you're wrong and I know that sight line of sight perspective is different Um I may ring your doorbell to go onto your property
but um I can do it all from from the Captain McConnell's property and look at it that way and and see what I can see I I understand the concern but I don't know if you'd like to address as I've already stated Mr
chairman the claims that she's making based on the plan it just doesn't seem like they add up to say where you could stand in the at the tiki bar and look into her window watching TV Um I would
say it's a the um graphic scale 1 in equals 40T You can as I heard attorney uh I Mr Frank say it's over 250 feet away approximately So that's So
do do you have documentation from from a noise expert or a sighteline expert to to back up your claim i mean she can hire the same as well This is the first time we're hearing No I understand that's that's the purpose of this process right so it's not run in and get a permit It's come in you have a discussion you have people raise
concerns and then we address those concerns So I'm just Well and also because I am up on the hill I understand completely But again I'm not a sound expert either You hear the music from the right I understand So um I was just talking to my client Seems as though um
she visited Carara and Aaron um saying that she wouldn't oppose this petition if they gave her a piece of the action This is the zoning board of appeals So let's let's let's stop and let's keep the facts that are under the preview of
the zoning board of appeals I I think you know that I understand So you're still standing You're looking for an answer No I just didn't know if anybody was going to ask me any questions No I'm I'm I'm looking at I'm looking at plans stamped by an
engineer who I happen to know So I have to believe the plans are correct because we've seen the work before If if it looks horrendously different it doesn't mean that it's any closer than it is on the plans
I mean and that's that I I hear you I hear your concern from what I'm seeing on paper in my eye I'm not visualizing what what you're saying is is the situation Do you
know what I'm saying i'm not trying to be contrary No I understand And and as was mentioned you know I I invite you to go look if you feel the need to And everyone here is right Cara Erin I see them every day We're
neighbors Like I said they're my cousins We've lived side by side for years Very class act You we've spoken They have taken some of my concerns into consideration But again I also want to come to hear that make them be known in front of the board But um you know I
just I just do have concerns and this was the place to um voice them I don't doubt that they will not do a good job I do believe that's true but you know I have concerns and I wanted to just hear them because thank you You know there's traffic and noise and those type of
concerns Is is the land at all conducive to any kind of a barrier between the properties there there was some trees It's my understanding that um she cut them down to improve her view
but also they cleared them one year So we have both taken care of that area in between So the trees shown on this plant there that tree line along the buffer Well it's it's deceiving because it's on a cliff Trees are down at the bottom of
the hill and I just get the tips But also part of living there is you want that water view So there have been I have I just want to make sure that the plan is factually correct So they read the arch I can't tell where I can't You would know what a tree line is but it's the little bubbles lines that you see I've been in construction 25 years There
you go Bluepint You see the tree line tree line looks like Thank you It's not actually I think if somebody if if if the board decides that they want to go look at it then then they can make a determination regarding that portion of the plan You raised others about parking and all of those things The clearing of the trees is kind of always an ongoing
thing because it backs up to that shed We don't regulate the clearing of trees too That's a good thing too Okay Thank you Thank you Anyone else wishing to speak in opposition okay They're hearing none
on the matter of ownership Cara I'm going to assume and you did because I just read it You you signed as president and treasurer of Captain Joseph So that's fine It may have been
the problem is probably in our advertising because it should have been under the name of the property It's usually listed under the applicant Yeah All our advertising is by the applicant and and again anyone can be the applicant but on our application we asked for owner's name and applicant's
name So and she did sign as president treasure So all right Any other questions from the board at this point the only thing I see is that this trailer and the house both have the same address
Yeah that's what we're trying to figure out That's Yes it's always been the same The storage trail is know the office trailer at the entrance of the property Oh Oh Oh okay I forget that is the one entrance One
entrance one exit I forgot that one We've got a number of questions on the table We understand your desire to move this um to move this quickly Um There seems to still be some
questions asking for a temperature to the board at this point If we if I can't just just understand if a vote's taken and the vote is in the negative you can't come back for two years Just understand I understand that Um what is there any way
we can clarify other concerns Mr Pereira as um Mr Agua stated the parking as it clearly stands now uh there's enough parking in accordance with the the the bylaw both not for the marina use So for
the boat storage use is what's shown on the plan I've asked what the marina use is because that's not shown on the plan Correct 32 spaces And then with regard to the the overflow we can have that clearly marked Um correct for the uh
additional parking with signage Um somebody brought up a a question of signage There is a sign that's been on North Main Street for O'Connell's Boatyard that's been there so long it's a faded red color Um that's right at the
entrance of Colin Street Um we would also put a sign uh attached to that that says Danny's Dockside So hopefully people would preferably use columns Um
with regard to the the marina parking um we can clearly mark that Uh also uh if the if the board's inclined to make a motion in the affirmative this evening uh then we'd like to proceed But
um if the temperament of this board is to decline it then we'd like to table it Well you don't have that I'm sorry That's for you to I know Are you asking i'm just playing my odds You know just letting you know I
think I think the one of the questions is we we don't know what we're voting on We don't have a chapter section We don't know whether we're going with bar restaurant We don't know if we're going under H F E G I've heard nine different things So I think that that is needs to
be clarified The parking needs to be clarified on the plan Uh I know the chairman had some concerns about sighteline and police and fire Yeah And we engineer spoke about police and fire and access and parking on the streets you know and there's there's a number of questions that came up that I think
would warrant some more information Okay Then at that point we'd like to table Yep it does Mr Frank we'd like to table the petition then Can we have a motion to table motion
motion to table please T do you have a requested table form are they over here they used to be on there I don't know if they should know on the motion Let's uh keep moving Uh on
the motion to table yes Uh Alexis yes Dan yes Jim yes John yes Chairman Prair yes Don't panic And then also clarify working on that Yeah they might not get the address
That just keeps on getting passed along Go by and say hi Thank you Thank you [Music] Item number two Item number two The applicant is Maria C
Melo Mosy Mosy Melo Mosy I'm sorry That's okay [Music] It's not with care but that's okay Care of attorney Quiet please We're still going If we can get outside please Thank you Care of attorney George Bant
Brilliant Sorry This is for uh Swan Street map D21 lot 51 The applicant is requesting a variance to allow the following One the existing non-conforming auto repair garage located on the
property and construct a new single family dwelling waving lot area lot frontage front uh yard setback sideyard setback and lot coverage requirements Um subdivide the existing parcel to convey
1,00 ft of this of his property to an abuing property The property is located in an S single family zoning district Good evening Mr Chairman members of the board Madame Clerk Mr Aia the record attorney Gregory Brilliant at with the Lorovs at 111 Oakrove Avenue in For
Massachusetts As the chairman rightfully stated um Miss Melo who's here before me owns this entire piece of property Um what she's looking to do is there is a a former auto repair auto towing facility Flores um towing um that was in existing
many years ago Um and for historical purposes back in 1993 one of the few I think I was on this board Um and you admit it Here's a number of them Um be allowed for a subdivision
Subdivision was allowed There's one for everybody Mr Chairman A subdivision was allowed allowing the single family house 321 Lake Avenue um and the existing towing business to be subdivided Here's a picture of the house as it presently
exists and the vacant um towing business at the time it was granted It was allowed and as you'll see on the plan I think it's important to look at the plan there was a line drawn um that was a a jagged line so to speak
um at the time which was done solely because of the shape and configuration of the towing business and that's why it wasn't straight back at the time Um what what my client would like to do is basically reconfigure those lines for that line to go straight back allow 321
um Lake Avenue to stand in its existence no changes and to allow her to build a 31x 38 uh foot single family house three bedrooms two baths on the newly created posel A um with with relative to the to
the uh excuse me the hardship in this we have a we have an existing building that can't be used for a single family home It it has to be raised There's no question about it So therefore based on the actual condition of the of the uh building and it's and its location on the lot uh that is the hardship to have
this particular petitioner attempt to try to make that a single family house In addition I don't think the I don't think the actual neighbors would like that Now this is a single family residential district She proposes to build a single family home which will be consistent with the single family residential district And it's our contention that obviously it would be
less detrimental uh to the neighborhood because it' be far more consistent than this vacant piece of property which been there for quite some time Um and and I'm sure that the neighbors down there which is a the neighborhood has become uh quite built up It's very very nice I was down there today taking the pictures Um
so I'm sure they'd be very happy to see a brand new home It's going to be for a family member At least it's contemplated as such at this time Um but again it'll be 31 by 38 three bedrooms two bathrooms Um and basically that's it If you have any questions Mr Chairman I'll be happy
to answer them all Miss Melo and we have the person who's actually going to be the builder here as well Mr Perry Steven Perry I'm sorry There's going to be two street parking places with the with the new um building and has ample off street
parking for the uh the existing 321 Lake Avenue I'll be honest my heartburn is we're talking about five variances in order to do this And in in most communities you you might not even get this far with five
variances And I realize this this is this community Are you talking Mr Chairman about the uh setbacks Okay I apologize We we casually throw those around as waving We casually throw those around It's a variance
period So whether it's two feet on the sideline or whether it's you know a big you know frontage variance instead we're talking five here Mr Chairman while while I do totally understand what you're saying I think this is just a way
honestly to try to really clean up the neighborhood and and because this this building is just a eyesaw to the neighborhood It can't be used in its present condition for a single family home No I I understand that because the lots have already been It's run down It's not attractive It's not conducive to conversion It's not like it's some
cute little mill building that you turn into something I get it We ask what what the purpose of the convenience of the other to to be honest with you Mr Caukins is simply to make it more conducive The only reason it was divided the way it was is if you went
out there the current commercial building has all these jogs in it So they kept it like that This is only to try to make the lot more you know beneficial So it goes all the way back and it allows them to put that lot excuse me that house the way it is Yeah I was just trying to figure like if the
parking was moved over to there whether or not you could move the house so that you can get rid of a couple of the varian We we we tried all we could to try to do that I'm sure you did And and because we didn't want to we didn't want to go and obviously and I always speak to Mr Aar We always try to limit the
amount of relief that we ask And I understand and appreciate what Mr Pereira stating this is what we came up in with with dealing with Mr Tolman as the best possible plan to be put together to bring before the board We obviously never try to put in relief
that's not necessary Miss Miller is your residence at at 321 Lake it is Okay Mr Chairman if I could offer Yeah please Um some back history on this is that yes we we have two separate structures on two separate parcels that the use of the
land was limited because they were connected to the same septic system that was behind the garage Uh number of years ago maybe within the last 10 I guess city of Fall River installed water and sewer through Lake Avenue Swan Street eliminating all of those septic systems
Still a septic system behind this behind this this garage Um so I think the existing structure which actually encroaches onto the abuing property over half a foot over the line it does that the new building although it is asking
for setbacks are far greater than the existing structure So a drastic improvement over what the existing structure is theoretically they could file just a special permit and turn that existing building that footprint of that
garage into a single family dwelling So this is eliminating those encroachments how close that property line is uh that building is to the property line and over it reducing the amount of lot coverage um by getting rid of that that larger structure Um so there there's two
sections of relief here one it's it's creating that parcel B which is the thousand square ft that you can look at separately But I think as far as the use and getting rid of the non-conforming use and proposing a conforming use that one should be should be fairly simple Um the lot is the lot So they're not asking
to subdivide to create a new lot It already exists So we're eliminating non-conforming uses non-conforming structures um and getting closer to what the bylaw requires Um with regards to the other thousand square foot parcel parcel B as attorney brilliant stated it
was created um for the necessity of keeping the entire garage on one piece and creating a straighter line whether it's completely straight the way that it is and going to the angle point in Swan Street which may be where it originally started from if we go back you know when
these things were first created Um or do we pick a pivot point and split the difference or come up with a different way it it does make both parcels more regularly shaped by allowing that other conveyance Just look looking into the future of whatever happens out here Yeah
Mr Pra in case there was ever a conveyance like you just said many many times it could go to somebody else's property If we use that same building Miss Melo technically if that that that building that presently exists was converted to a single family home somebody would literally be encroaching
on her property right away Number one and number two looking right into her house It's that close Yeah I mean that I know you read plans far better than I but it's really literally that close That's why we tried to do this to to to we really were just trying to make it better um for the neighborhood and and
obviously for Miss Melo Yeah I mean I'm looking at other lots in the neighborhood You know I took a drive down there This building's got to go It would be nice if it could go You got a lot of larger lots in the neighborhood This is Yeah Much larger homes Nice It's
very nice down there Haven't been down there for years sure that you know if this gets approved whatever is going to be built here is going to make things look far better out there And it's set back at least the structure is set back from your home It's set back from the the other neighbor Um it's just an odd
lot It is It is It's an odd lot And we deal we we we we did ask for Mr Agar's input in terms of trying to get this in in the least obtrus obstructive way to the to the board and to the city We we we really did try our best Yep
Yeah Okay Anyone else from the board questions or comments nothing To the audience is there anyone here who would like to speak in uh support of this petition no Anyone to speak in opposition to this
petition they're hearing none comes back Chairman I'll make a motion to grant second with um the separate utilities is going to be Yes Yes That's already done Yeah it has to be Mr Frank as Mr said the septic doesn't look sight
plan right yeah No it does 100% Yeah And Grant as as presented with the separation of the thousand square feet to the to the joining lot Okay Is there a second on that okay Motion in a second on that then John yes
Jim yes Dan yes Alexis yes Jim Furry yes Thank you Are you a builder are you a builder no No My boyfriend is okay Said you were going to build it I'm like she'll have plenty to say She'll have
plenty I'm not going All right Item number three applicant uh Cavalo's Tire and Auto Center Inc Attorney uh care of attorney George Brilliant
Frank uh for what that's okay That's okay I've been called much much worse Mr Per Don't worry about that Trust me I grew up with a kid and they went by you know for whatever reason So Portuguese that's that's a No they were French in a Portuguese neighborhood They had no
choice I bron 4102nd Street map I19 lot 17 The applicant is requesting a variance to allow the following one eliminate condition number one uh contained in a 2014 decision which
limits the towing of vehicles on the site uh Monday through Saturday from 6:00 a.m to 11:00 p.m 1000 p.m Um the applicant requests uh to allow to tow vehicles at to the site at any time The
property is currently being utilized as an auto body repair sales and towing storage facility Property is located in the CBD central business zoning district Council Mr Chair for the record attorney Gregory Bryant with a laws at 111 Oakrove Avenue for Massachusetts I
appear before you today on behalf of my client uh Paulo Cavalo Uh Mr Chairman I think it's probably in your package that there there this again um pertains to a previously granted variance back in
2014 Um and at that time um the petitioners were given permission to operate a towing business in conjunction with the auto repair um and the auto uh body shop Mr Gabalo has owned the property for four years um and quite
frankly has had no issues whatsoever He uh he just recently uh got put on the towing list for the city of Fall River and he wanted really while we're here is we wanted to really kind of just do this right because in speaking with Mr Aguya and with the city my client technically
on a Sunday could leave could get a call could go tow a car but he technically would have to leave it sitting on his truck to Monday morning He could do it because towing he he has the right to tow but he can't put it in his yard So all we would like to do and that's why we didn't try to change anything else he
still has six spaces um on site six spaces inside the building and he just wants to eliminate the the requirement that he can't do it on a Sunday And he's again just trying to be totally forthcoming because Glenn Hathaway who's doing his job had seen him one day pick
up a car at the gas station on Deval Street and said "Well where you going to go put it you can't go put it on your property." And he called me right away tried to do the right thing and we filed immediately and that's what we're here for today just to eliminate that one provision so he could tow seven days a
week and that's basically it relative to the neighborhood Um just so everybody knows because I want them to be clear and on the back is everything This is this is up and down the street Now I only got one copy so you can this is up and down the street and on the back of the of the various businesses that are
located right immediately abudding this property So on picture one I just go through what what what is around there just so people know it's not like he is on on picture one there is the Ecuadorian market central city auto sales J&J bird supplies going the
opposite direction there's four of a thread level up bobber shop further down on that same block there is Karan's temporary agency world insurance for a grilled on the other side of the street they have Victor's aesthetics cam market
new leaf marijuana So I I only point that out because everywhere around him is completely commercial retail use So in terms of what he's going to be doing there even on a Sunday I don't think is going to bother anyone So the closest residential is the apartment building
down the street That that that's the closest residential It's really Mr Pra the only residential within I think a twob block radius If you go up Second Street it might be a block radius I'm going to go up the hill But that's all he and and again he he is really he's a
good guy He's completely renovated that building since he's bought it He bought the auto auto body shop next door Um he's done a very good job He just wants to be a guy that does things on the up and up I mean he's paid the money to do this because he doesn't want to just
have that car on top of that truck overnight He just wants to do it right And so that's why we're before the board in complete transparency to to to to what he would like to do without you know trying to circumvent what's happening there So you're looking at 24/7 You're looking at the ability to
tow a vehicle and drop it in this yard 2:30 on a Sunday morning at the if he gets a call Yes FRPG If my memory is correct which it seldom is I don't know about that The uh
original restriction was probably placed on there because it was all you needed at that time It wasn't it wasn't due to was a previous owner It wasn't even this gentleman It was a previous owner but I I believe it's cuz at the time it's
probably all that was needed because they didn't have want to open and do it on a Sunday Quite honestly I think that that's why they just put it from Monday to Saturday A condition that we imposed I think it was a it probably wasn't going to be utilized quite honestly I think whoever presented it just wanted
to get an approval Yeah Yeah that could be the case Probably probably never had any intention of telling anything at 8:00 10:00 at night either So I I mean and I argued it then I'll argue it again Um the zoning ordinance deals with the
stowing of a towed vehicle It it doesn't deal with towing vehicles as attorney Brilliant stated So it it's the storage part Y and we don't have a definition of stowed right is is stowed does it does that
classify a a vehicle to be repaired or is that stowed that the police call and say "Hey you tow this vehicle and you go store it somewhere." Right So I think it's tow and store together I believe so We don't define that So it's I know it's
been very ambiguous over the years of what kind of permitting do we need So I think it's the space on the ground that allows for the storing of a towed vehicle stowed um is really the relief The activity of towing a vehicle is not even
up for question tonight Yeah You can tow it on either through this petition or or one to come later It's can I take it off the truck you put it on the lot Exactly And he's not trying to change the spaces He hasn't had any issues whatsoever He's been towing for a period of time right now even with the
city Um he hasn't had any problems no complaints from neighbors Again he he got that call from Glenn on a Sunday and said "Where you going to go put it you can't go put it on your lot." So he he got very nervous and he called me on the Sunday thinking he was doing something wrong And I said "Well I think you're
going to be okay." But he just wanted to do this all correctly So that's why I would before the board members of the board quite honestly he didn't want to try to go circumvent it and pock it in front of his building overnight on a Sunday night and say "Okay I can do that." And then
on a Monday morning take it off put it in the shot Mr Chairman I have a question and maybe attorney Assad can weigh in as well Um no because we I I know in the past we've always talked about making sure that the
vehicles are registered and insured And I'm sitting versus a junkyard Correct But but what I'm thinking is what happens when the vehicle is towed because it's because it's unregistered Yeah You can't No but that's the whole issue So when we condition these things
we have to take that into account of how do we make sure that these are not junks and they don't stay here forever That's that's really what should be discussed Um and to be honest with you I don't know Yeah So I think that goes back to the planning board and we change the
zoning and get a more definite answer You make more work for me then No you're right No you're right You're absolutely correct because there's number five this evening There's this gentleman here dealing with it and that's a topic that was entertaining me today about stowed vehicles Yeah we had always discussed as
to what registered so you pick it up But if it's not then we say there's not a place in the city of Fall River under our ordinance that allows for that allows for it So everything is done by this board granting permission either by way of it has to be by variance right
yep So that area or what you do with them for unregistered cars that are dropped off what do you do with them right There has to go to tivven Well I mean and again that that becomes a problem So you know the cops the cops
do call for the tow of a car Yes They may not know it's registered or not You may you're going to hear me say this There's a guy on my street He has a flatbed Every morning five out of seven days There's this flatbed with a wrecked car waiting
to go somewhere Um yeah So I don't know where it's but it has Tibetan plates It's what I plate So I'm assuming he's going to Tibetan It's on your street though I'd rather my street on my street The other day there were two of them for for the sake of his
neighbors and honestly for the for the sake of the car I'd rather see it and stow than seeing it sitting on the back of a truck in front of your house all night long you know or or wherever you leave it You can pull it into the yard You can't take it off the truck
So So this board my my last comment No please Yeah is this board is going to act as the city council the planning board to make that determination what to do What attorney Brilliant has said is absolutely true for this gentleman He what's he going to do he's going to keep it in his yard He wants to go a place to
drop it Think it's I think it's much better He's going to go pocket on Dunar Street Well now we know that we have they let anything fly over there They'll let anything over there Bring it down You can pocket a diamond They can fix it They're bothering I know
that's not the easiest thing for you David I know that Can't get it out to BCC They get caught Um no seriously I I So where does it say it's got to be registered and insured doesn't it
doesn't But it's just contemplated with with making sure that we don't have a junkyard is how do we make sure it's not a junkyard yeah But again but again we don't want to create more problems for ourselves Would it make sense to put a limitation
on how long the problem the cars could be stored there that's not really somebody wants to keep paying the fee right to leave it there Storage fee Yeah Yeah Eventually owns the car and fixes itself I don't think I don't think that And then how long is the process so if somebody doesn't pick it up in 90 days
and and they and the car is almost useless we we usually send three letters to the to the owner Mhm Yeah And then and then what's the process for you to take title of it how long does that take a year I think you got I think you got to apply to the registry of motor
vehicles I did one time It's not easy right no no no It's not easy You have to you do have to give certain notice under the statute and then and then then you have to apply to I think to the registry of motor vehicles to allow them to allow you to sell it Then you can sell it and then you have to put the money aside or
what have you offset your towing bill I I don't know There's a lot of to try to make it perfect I think it'll be very fine number on months or years I mean we could put a date on it Who enforces it right
Well anything is enforceable by the building inspector through the zoning board of appeals but we don't need to give him more work to do You just need to come up with bigger issues than how come prevents these things from becoming junkyards That's that's No I understand that Well you just limit We're still limited to the
same number of spaces Yeah that's not changing Yes he's not trying to change that Not trying to do more Just again just trying to do the honestly do the right thing that handicaps him if he doesn't empty those spaces Correct Well he gets paid for all them no matter whether it's a car that's been there for
6 months or two days So it's the same daily fee Let's go to the public and see what Oh yeah I mean on on this one we're only it's we're only being asked to get rid of one of the conditions Correct So
if you do have the ability to make new conditions or new conditions Yeah that's fine Keep it in keep it in mind Going to the general public Anybody here to speak in favor of this petition anybody to speak in opposition okay
there being none it's on our table And as Dan has just said they're asking for one condition to be to be removed Uh is the is the lot the lot's not fenced now
fenced in and locked Completely fenced in Yep So the guy whose car you told can't just No can't go in there Nope Can't get in there I move uh Mr Chairman I move approval of the variance
Second What oh I'm sorry Did you have any conditions i jumped No You want to no No I just have the conditions I kind of jumped I'll just keep it simple What do you want to add okay
Discussion on the motion Yeah Just just a point of clarification So it's going to be seven days a week 24 hours a day Yep Yes That's That's too That'll be eliminated They want Sunday and they want the timeline Correct Right
So no restriction No time restrictions But all conditions remain the same Still six Nothing else changes It's just that one condition All right Then on the motion John yes Jim yes Dan yes Alexis yes Chairman Prairie yes Thank you Thank
you gentlemen Thank you Thank you Happy Easter Happy Easter Where are we number four Uh applicant Zachary T Dunia This is on Buffington Street map I24 lot 47 The applicant is requesting a
variance uh to allow the following One raise the existing non-conforming garage located on a pre-existing nonconforming parcel and construct a new single family dwelling wavy lot area lot frontage
front yard setback sideyard setback lot coverage requirements Property is located in A2 apartment zoning district Good evening Mr Chairman Haven't seen you in a while Mr Has been a little bit Somerset keeps him busy these days They do That line out You're not even on here
Hi Yes I I'm I'm pinch hitting on this one I I wasn't involved in the filing of the petition For the record attorney Thomas Kellerin Loft is at 350 North Main Street Florida Massachusetts I represent the uh applicant uh Mr Dunia Uh as the chairman stated uh we're here
before you this evening with regard to a lot of land on Buffington Street Um it's not vacant Um I don't believe it has a street number though There's an existing uh I believe a twostall garage that sits almost right on uh Buffington Street It's maybe off maybe about four or 5
feet or so Um you can see on the plan is a shaded uh existing garage label uh that's on there Uh it's also uh situated probably about um seven or eight feet from the Westerly uh boundary line as well Uh what the applicant is proposing
to do is is to knock down what I would suggest to this board is a rather blighted structure um that does not conform uh with zoning and uh construct a single family residence Um as you can see the residence will be set forth excuse me set back about 20 ft uh from
the front lot line which is a significant improvement over about the 5t that you have there today um will maintain setbacks of nine feet on either side which I understand doesn't comply with the zoning requirements but is um provides at least on the westerly
boundary uh a greater setback distance than what presently exists We'll be able to maintain the rear um property setback Currently the lot coverage is it's at 37% and what is proposed is 37% So there'd be no change with regard to the lot coverage although again it's it's
non-compliant with the 30% lock coverage requirement So again we're dealing with a lot of land um about 5,000 square ft Uh if you look at the plan in the surrounding neighborhood some of the lots certainly are bigger but if you go directly across the street you're looking at a a lot of land that's 4,100
square ft Um two properties down to the west uh there's a lot of land there that's 5,910 square ft So this lot is not certainly out of the character of the neighborhood You've got a mix of uh single family and multifamily dwellings
uh we're providing for two off- streetet parking spaces which complies with zoning So I would suggest um it alleviates any concern um with congestion on Buffington Street Uh again taking a a blighted property um putting
a new home on it and I would suggest to the board is certainly an improvement over um what exists there today Yeah that building is an attractive nuisance No doubt Um surprised it hasn't burned down yet That's my neighborhood I'm surprised it hasn't burned down yet
It's on live TV Um it is my neighborhood I know Okay I have no questions on this Any questions from the board the only thing I'll add is that this law is this proposal is almost exactly in
keeping with what you've requested the A2 zoning district to become which to let you know we are in the middle of that process uh before the city council and there so we're just we're short 2T of frontage one foot of sideyard each and the area is actually 48 square feet bigger than
what we've recommended So to wait a little while relief may be less but be it'd be interesting to know how this lot came about It's almost like it was a family left over at some point in time No but originally all of these neighborhoods were probably all made up
of 48 foot wide lots and groups of them get conveyed over time and some just some just remain with with the actual width My my experience with some of these older what they would do is they would do a subdivision with again lots all the same size 48 ft of frontage about 5,000
square foot lot people would come along and buy two or three at a time or one at a time and I think a few of these cases um and so I think this one kind of got got left over through time Yeah Okay Going to the general public Anybody to speak uh in favor of this petition and
support anyone to speak in opposition hearing none it's with the board Mr Chairman I move that we approve the variance as requested as presented Okay Do we have a second on that second
Second by Alexis Discussion Hearing none John yes Jim yes Dan yes Alexis yes And Chairman Prairie yes Great Thank you very much Attorney Kane that might have been the fastest one you had in front of us That's great
Great great amount of prep Not so fast No I'm not going One more Number five Applicant Brian Maderas Care of Attorney Thomas Poyan 35 Oakrove Avenue map
L9 52 The applicant is requesting zoning relief to allow the following One a variance to allow the applicant to stow towed vehicles at the property Relief is required from section 82 attachment to table of use
regulations of the city of Fall River zoning ordinance Number two a special permit to allow the stowed vehicles to be located within 10 ft of the street line front and side sections 86444B and uh 86445 The property is
located in a BN neighborhood shopping zoning district Good evening again Mr Chairman members of the board Again for the record attorney Thomas Kellerin representing the applicant Mr Brian Maderas who's sitting with me um this evening U property at issue is 35
Oakrove Avenue Um the lot's about 24,000 square ft with roughly 219 ft of frontage along Oakrove Avenue Presently the property is being utilized as a auto uh automobile service station Um they do inspection stickers Uh I think repairs
Uh there's a car wash there Uh there are gasoline pumps um which I don't believe are are operational at the present moment but ultimately I believe would be Mr Maduras's intention um to once again uh put those back into business Uh we're
here before you tonight um to allow for the stowing of towed vehicles Mr Maderas operates uh Troy City Towing Um he's been operating that um on uh off of Flint Street or on Flint Street uh for a number of years prior to him I believe
his father was was operating the business You can correct me if I'm wrong Mr Maderas Um but ultimately Mr Maderas uh would like to relocate his business uh to this property here Obviously this provides him um with uh greater opportunities to have his business
thrive to incorporate um the automobile repair component along with gas and the car wash Uh we're certainly sensitive to the fact that um where this property sits Uh it's kind of a mix of commercial and uh residential use particularly
along the rear of the property Um there's a number of residences along uh the back side Um if any of you familiar with the property have had an opportunity to go by um there's some existing fairly large trees along the rear of the property Um what Mr U
Maderas would certainly do and he has heard I'm not sure if he heard directly from a neighbor or he heard through um the owner of the property who's here this evening Mr Peard um that these the neighbors like the trees there and we understand that he like the trees there We certainly wouldn't look to um do anything to impact the natural screening
that's there But what Mr Maderas uh intends to do is to plant a row of arrivites along the rear of the property line to provide some additional screening Um I've also been in touch with or I was contacted by um attorney David Assad who I believe represents the
butter to the south um which is the existing uh commercial building Um there's been a request I believe by that um neighbor that Mr Madera is construct a a vinyl white vinyl or I don't know about the color but a stockade fence um
in between those two property lines So that'll be the southernly property line for the property at issue of the northerly property line for the property that sits on the corner of Bedford Street and Oak Grove Avenue Certainly attorney Assad can can speak on behalf of his client but I I can tell you um that Mr Maderas is uh certainly
committed to doing that and has no no issues um erecting that fence has been requested With regard to the business itself the the existing you know gasoline repair car wash business uh it's my client's intention to operate that from 8 a.m to 5:00 pm um 7 days per
week which I believe is consistent with the existing hours of operation Uh today uh as this board heard earlier uh with regard to the towing and and actual stowing of towed vehicles um there is no definitive timeline in terms of when
that can happen Uh my client doesn't do what I'd call any private pay towe He doesn't um do toes for AAA Um he's one of the 10 companies that's on rotation for the city of For Police Department That's strictly his towing business Um
and and that wouldn't have an issue if if the board um restricted um his tow operations to to that Is that correct Mr Maderas just doing towing for the for a day That's all that would be stored there Okay So again uh if he gets a call
sometimes it could be late in the evening Um the way it would happen is is Mr Madurus resides in Westport He keeps his tow vehicles at his home He leaves from there does pick up the towed vehicle Obviously he would like the ability to go to the property um to drop
off the towed vehicle Uh one of the things that he he does um currently um if he's after hours he will disable his um any kind of backup alarms um on his vehicles Um if it's the middle of the night and you know he's got a a a excuse
me a vehicle up on his I'll call ramp truck Um sometimes he'll just leave it there for the night instead of taking it off um so as to not you know cause any noise Um and then when he gets there early in the morning in the morning during normal b business hours he'll
take the vehicle off Um so again it's his intention uh to be a good neighbor Um Mr Maderas has advised me that he hasn't had any issues um from his Flint Street operation which is in a heavily residential area with with neighbors uh
very in very close proximity to his property line even even closer than what we have in this particular station where the towed vehicles would be stowed is over on the norly side of the property It's kind of the gratiated area It's kind of L-shaped Um there's proposal for
eight 8 and 18 So 26 spaces there Um I know there was discussion earlier about how long does a towed vehicle typically last at the site So Mr Maderas was able to educate me while that hearing was going on Um because that's a very fair question Um typically what happens the
vehicle comes in and correct me if I'm wrong Brian Um they send out a uh certified mailing uh within 6 days Um that gets sent back to them or they don't get a response from them and they send out another um certified mailing um
within 6 days and then if they don't get a response at that time um there's a process for junking the vehicle uh which I believe requires a publication in the newspaper and some additional steps um or if they feel the vehicle has some some value then they can go through that
process of um trying to acquire title to the vehicle Mr advises that at most a vehicle stays on the property maybe 4 months That's at most They certainly don't like vehicles to linger on the
property though Um that means that they can't go and pick up cars If they're full then they get a call They've got nowhere to go So it's in his best interest just like I think it would be any company's best interest to turn these vehicles over to get them off the property If they don't do that then
they're going to be hamstringing themselves and they can't continue to operate on So I mean again what we'd like to do is again keep the existing use in place um but just have the opportunity to store towed vehicles um
on the site Okay I mean my concern right off the bat is there's a lot of residential in the neighborhood and you know we're talking having cars stowed right up to right up to the front and side lot lines to to
the north and west lot lines Um to not have to do that to push it back obviously you wouldn't have 28 spaces You you'd lose spaces Curious how many do you have on Flint now how many spaces do you have he has 20 um 20
spaces over on the Flint Street property Are you going to maintain the operation at Flint as well no No So you got no backup to this it It fluctuates It Sometimes they will go fast So there's months we have three or four sitting
there There's months like right now they're doing a lot of unregistered unrades So it goes up and down Sometimes it we get three or four sometimes we get 10 It But but to answer I think the chairman's question was how many spots do you have there there's there's 20 spots there right right now I to to in
full disclosure if you went by um it's pretty close to capacity right now again because as as Mr Maderas explained to me that there uh the city uh that the PD kind of has a a a movement right now to try to get unregistered vehicles off the
streets Um so right now I I would say that it's it's a little bit busier than typically is Um like I said there are going to well like he said there are going to be periods where you may just see a few vehicles there Um and it it really it really does fluctuate with regard to the actual storage of the
vehicles and I I certainly understand the chairman's point Um there is a buffer um on the rear of the property So we're not going right up to the property line with these the storage of the vehicles And again Mr Maderas is is committed to certainly keeping the existing vegetation but doing some in
planting in between those trees with some approvites uh to provide some additional screening Um and I think that'll provide some some really good buffer a really good buffer especially visually uh for the properties to the rear And then when you take a look at
the um northerly side of the property um those those cards would be right up against um Oak Street there Um I happened to travel over there today to just to kind of have the property fresh in my mind That's kind of a I I would call kind of a sleepy side street I was
a little bit surprised when I turned on it as to how how quiet it is So I don't I would suggest to the board that having the vehicles um in close proximity to to um well it's both I didn't mean to say oak I meant to say bey I apologize uh to
bey um wouldn't have a significant impact on on a neighbor is what I would suggest to this board Um so all of the uh vegetative border to the north is going to be removed back up
to that out building in the back So so when I went out to the property today and I again I drove around I that 15t wide vegetated buffer I I don't know how No he means I'm beating just I
apologize I I apologize Um Yeah So so whatever right now the existing parking lot looks to be about 15 ft off of the right of way Right I I apologize I thought you were talking about the rear of the property Mr Frank talking about Yes Yeah It would it would go virtually
right up to the property line What kind of fencing around the uh the stowed vehicles it'd be a chain link fence Uh the rollway chain link fence Um I questioned him on that as well Um privacy slats I'm sorry Privacy slats or
or just open chain link yes Okay Yes And I'm I'm assuming only because it doesn't show a gate there'll be no access coming from Bey Street No access from Bey Street Absolutely That That's correct Only way to access that the stowed vehicle area would be from on
site Yeah But only the stowed vehicle area is fenced Correct That's correct Okay So is that is the rolling section of that pretty much where this this drive is shown over that concrete pad which was Yeah they're showing two two rolling
gates There's two rolling gates there Yep Got it Got it Okay All right Other questions from the board Going public Anybody here to speak in support of the uh petition anybody to speak in opposition
to the petition yes miss Just name and address please Mr Chairman members of the board My name is Dorito I live at 700 Shore Drive in Fall River I'm here as a very proud resident of the city of Fall River and very proud for
the development and the accomplishments of the men and women of Fall River who have brought Fall River such a long way in the past 20 years And again that's facilitated by the CBA because you evaluate and you determine which
exceptions to approve and which not I drive by that corner um Oak Grove Avenue and Bedford Street almost daily because I have family members who live there So I drive by there almost every day And um again I am
aware that the petitioner is a very good person from a very good family and and and is a very good uh member of the business community in Salt River So I'm not doubting that However I strongly oppose to their petition for a variance
in this neighborhood which is designated as a business neighborhood zoning district And I also strongly oppose um that in the event the variance is granted that their special permit to allow stowed vehicles be placed within
10 ft from the front yard which would be Oakrove Avenue and 10 ft from the sideyard versus the 35 ft as required by the zoning ordinance Now the definition of Stow aren't we lucky these days right
so uh Oxford English dictionary says stow means primarily refers to the verb meaning to put something away store it or pack it away in a safe place So Dan I hope I answered that Well I I asked what
our definition was in our ordinance because it could be completely opposite to that but that's that's at least something I know David Assad mentioned that However the reality is if they bring in a registered vehicle the registration can expire within a month
and earlier today uh turn referenced um what happens to junking the vehicle So in reality this will be a junkyard Maybe not today maybe not tomorrow but just like the prior petitioner in five years they're going to come back asking for
something else And in this neighborhood this is the absolutely worst neighborhood Fall River is a the city which has many good places for this petitioner who again is a good person good family good business member of the
community to to relocate their business And again I drove by 330 Fun Street I drove by Troy City It's not the same street as 35 Oak It's not the same feel It's not the same neighborhood Okay so I
hope that answers your question Now the other thing is um the zoning district Pardon a little show and tell This is a zoning map I did everything very last minute So I I I asked for your um your patience here but this is a
zoning map and this here is zoning the zoning area business neighborhood district And this little area is the corner where the three unit plaza is and right next door is the subject property 34 Oakrove Avenue As you can tell this
business uh neighborhood district is a very very very narrow limited area which basically encompasses Beckford Street All around it are zoning areas that are either either S which is wide areas
single family residences or the TN for general residences So this junkyard will be completely surrounded by residential areas completely surrounded So I do have an exhibit for the board an 8 by10 form
and I please ask that you accept that and to have as an exhibit Mr Chair I marked with an X have a mark but I apologize was very last minute Okay
So again I'm a I'm I'm very happy with that neighborhood And as you ZBA has as you know firsthand there's been a lot of um newly constructed single family homes in that area Specifically Oakrove Avenue
a few blocks down London Street and Bey Street Brand new single family homes And now you're going to put a junkyard there And aside from a granting that use with that variance you're going to allow the
stowing sowing of vehicles 10 ft from the street in Can can you do me a favor cuz if you say junkyard one more time I'm I'm going to make you stop No no problem He is not here for a junkyard And as you saw from a previous petition because you've been here for the entire
evening Mr Hathaway stopped another gentleman in the same business from taking something off He he didn't stop him from taking off his truck The city watches these things All right So if
approved whatever is imposed as um as conditions for the approval is not going to include being in a junkyard Okay So there are protections for that So it it's a it's a cool tactic Not here Stop calling a junk please All right Thank
you So but again but if you stole the vehicles 10 ft from the road that encroaches more upon the neighborhood field the residential field of the neighborhood Okay Um if you do grant this variance at the minimum I would say there'd be a vegetative border in the
front on Opal Bath because that's where there is more traffic versus Bey Street which which there is no entrance Okay And like I said that whole area is you know we've done great strides Now we do need the
petitioner's business We do need them and they're good business people However this area is not the best area This this variance will derate from the intent and the purposes of the zoning ordinance and um and such a variance will will take
away from the Oakrove Avenue neighborhood Again I believe they're a great business uh member of the community I appreciate their investment in the community you want their investment and I hope you find a suitable location for the business but this is not this is not the area Now if
you look at the zoning bylaws um stowing vehicles is not is not allowed by right in any zoning district at all which means that places a heavier and more a heavier burden or responsibility on this board to
determine where are the right locations to place such an With that I yield Thank you Thank you Anyone else in opposition as a side Mr Chairman members of the board my name is David Asen I'm an
attorney licensed to practice in the Commonwealth of Massachusetts I maintain offices at 326 Pine Street in the city of Fall River I'm here this evening on behalf of my client Broadway Properties Uh and he's the it is the individual or the entity that owns the property at the
corner of Bedford and Oakrove Avenue Direct the butter to the south to this property Um I understand we've talked about stowing the vehicles We talked about the use of the property Uh certainly they need a variant and that's up to this board and I defer to the
board's uh knowledge and expertise in understanding whether or not attorney in this particular property meets that burden So I'm not going to be late at that point You all know how to make that determination Um the property
uh stowing of vehicles is not allowed in any district in the com in in the city of Fall River under our ordinance Uh the owner of Broadway properties because this particular area that's going looking to get developed for the stowing of vehicles is at the
opposite end His only request was to Mr Colorin was correct was to put up a 6 to 8 foot vinyl white fence that separates the property that it's not really allocated um so it's not seen on his
property very personal to his own uh ownership and development u but as I was listening to this conversation this evening and I know it's not the board's job to legislate uh but if the board is inclined to grant the variance then
maybe one of condition should be the 20 cars or something on Flint Street be eliminated as part of it So you end up cleaning one part of the Flint neighborhood with the um stowing of vehicles and now have it uh if it's going to be it's going to be on this
Oakway Avenue but other than that I'll leave to figure out what to do Has he met the burden has he not met the burden uh there are those residences to consider but that's the only input
that I have at this point in time Thank you Thank you To the hardship So I I I think you're dealing with a a piece of property that um and and I certainly don't mean to to deismmerge Mr Peard who's here and I think he's as he
told me out in the hallway has been working at this property since he was 13 years old Um the property certainly um could use a a facelift so to speak Um I I think that um in the area where the stowed vehicles are um it's a little bit
rund down over in that area I I would suggest to the board that what my client actually is going to be doing would be an improvement um to what exists there at the property Um right now again with the chainlink fence with there being slats in it It's not something that's
going to be visible from the roadway Um he's committed to putting screening along the uh just the easterly uh rear property line Um he's committed to putting the screening as requested uh by the neighbor along the southerntherly
property line Um I think attorney Assad's uh suggestion um makes sense Uh my client is is perfectly willing if the board wanted to condition um this approval upon uh the Flint's free property no longer being utilized for
tow and stow so to speak Um that's something that that he's perfectly agreeable to Um but again I I think what you what you're dealing with again it's a tough situation because this is a proposed use that's not allowed anywhere in the city but obviously it it is
occurring in a few different places throughout the city Um I I would suggest that allowing this use allows this applicant the highest and best use of the property Um again he wants to make a
go of the existing business that's there He's certainly going to make improvements to it There's going to be a significant cosmetic facelift to that property There's going to be an overall beautifification to that property U but he certainly doesn't want to give up um his existing business that he has now
And again I would suggest that uh given his commitment to uh protecting the neighbors being a sensitive uh business neighbor to them uh I would suggest that uh to the board that his request this evening is reasonable
And and again what is the hardship that requires this variance not just for the use but for the proximity to the uh you know coming up to the property line So so stowing the vehicles
um up near the property line is is part of the special permit request Um so I would suggest to the board that it's not substantially more detrimental to allow that use Um again we're going to have screening that um you know shields the vehicles from people that are going
along Old Grove AB or or BD Avenue or BD Street excuse me Um so the standard certainly is lesser for a special permit as this board knows Um as opposed to the granting of a variance Um and I would suggest to this board and I understand every petition stands on its own merit
So I'm I'm I I say this cautiously but but that's that's relief I think that's very commonly granted especially um with businesses So the butters to the rear which are which are obviously residential Yes Was
there any discussion with them you you had talked about um you know that they like the tree buffer that's between now So have you had discussions with those i'm surprised none of those neighbors are here tonight I guess that's the thing that so standing out in my mind right now My my client did receive a
phone call um from Inabutter He is not certain as to who that individual is and not 100% certain as to where they live They had questions about his proposed use what he was going to be doing there um what he was proposing there Um he explained that to the abuter and as the
conversation wore on he got the indication from that abuter that um they they were pleased with his responses in terms of what his commitment was to providing um some screening for the utters With regard to the existing trees that exist there that's information that my client got from Mr Peard the current
owner Uh it was my client's first intention to think hey maybe I'll take these trees down and just put a full row of of arbites in the rear U Mr Peard indicated that a lot of those neighbors um like those existing trees that they're fairly large but obviously the leaves fall off in the in the winter
time what my client would be uh committed to doing and again it'll he'll defer to what the board prefers um is doing implanting in between those trees or again he can take them down and make a full evergreen hedge Um but again he certainly doesn't want to do something
that that he knows that his neighbors if if if they like them he doesn't want to disturb that Now is your client going to be leasing this entire property potentially buying it buying it he's has it under agreement to purchase Okay that's
fine So it would be auto service um possibly a filling station at some point Correct Correct Okay And the tow business right and the car wash And the car wash car washes And the car wash You
going to kick that car wash back in it's it's it's his hope too It's still It's still operable Oh it is Yeah He's still using it That's right I did not I did notice cones there for a pathway to get in there today $10 a wash I saw that today myself as
well I'm sorry Are we derogator it's the only thing we're looking to change is to store vehicles Okay And again the the faster we move them every single one of those spots is considered real estate to us If a vehicle sitting there and it's not doing
nothing to me it's not making us money right but when they're drunk they go to the junkyard They're just there to storage until the owner is going to come for them or they got to be off their streets Nothing stays there So the the the towing you're doing for the city is that mostly for vehicle removals it's
accidents sir It is accidents as well So you have to bring it in Rex Okay And snow removal they have a special place you take them to or would that storm removal also goes down Anything to do with the 40 that's what would be used for I mean at at times
though just just so the board is aware not every vehicle that he picks up and toes for the police department actually goes back there Sometimes if it was say for a DUI it may be going back to the police station Um sometimes people on site say you know this is my auto repair
shop Please take it there Okay So so they don't they don't all come back here Yep Yeah Everyone has a preference to where they want the vehicle Okay All right So you're dealing with accidents and removals So somebody Okay Somebody parks across the end of somebody's
driveway No we don't do private police No I'm saying if the police only if Yeah only if it's a call from the police department That's fine Dan you have anything on this um just call to your attention that variance for use One request special
permit with regards to the proximity of the street Um days of hours of operation I think have been spelt out today Um I have concerns about the special permit part of the request as we'll be removing the existing heavy vegetated screening
along Bey and that does provide screening for the residential property across the street that is improperly uh noted on the plan They also have it listed again as Broadway properties in the same mapping lot but it's actually owned by someone different but it is a residential property So screening for
the residential properties is a concern Beyond the screening um bringing that fence out to Oak Grove Avenue and Bey creates a sighteline distance as well- with people coming up to that intersection So so now you you will you
will see nothing So I can't say that I would actually recommend that reduction in getting for the special permit Um we can deal with things like new screening new fencing as as some of the abutters have asked for Um they've answered the questions about
no access to Bey Street Um this is an opportunity to to make site improvements and this board can condition it the approval in any way it sees fit It can require interior landscaped islands It can the hatched area for instance in between the parking spaces and the car
wash that could be curbed and could and landscaped So there there are different things that you could do um closing some curb cuts adding some some green space along that uh Oakrove Avenue section um where the special permit is being
requested to be up against it So I don't think you should close your mind to what potential there is to make improvements but you you do have to listen to what what neighbors concerns are um and how the property as a whole will be handled
every other use on this property allowed by right in the zoning district Correct The the parcel itself completely complying to the zoning district So there is no variance currently acting or operating on this piece of land Correct This would be the first So we have a
completely conforming parcel We would not be making it non-conforming which is not something that the board normally looks favorably upon But this is with regards to use not subdividing or anything like that I I personally do not have and I'm just going to say it I personally do not have a problem with a
stove I don't My problem is coming up to the lot lines Yeah Because theoretically you just mentioned if it's just repairing of vehicles he could go pick up my 1984 Jeep Wagon that needs to be fixed Yeah And it could sit in that same piece of pavement for 6 months right
falling apart So the vehicle if you paid on the real estate it's could I could I think your question is coming down to the number of spots So right so so as as Mr Ragier was was speaking and I think I've heard from a few of the um board
members tonight um right now he's he's got 20 spots Um so as proposed and what I'm talking about at Flint Street sort of what we're proposing here is is 26 Um I think it was Mr Frank that first
brought it up was the vegetation along Bey Street Uh what we would would suggest to the board and what Mr Maderas is certainly willing to do would be to eliminate those so the forest spaces that run along Bey Street there Um and that that'll allow for some of the
natural vegetated buffer to remain and he can certainly do some implanting there Um but if we eliminated the ones that were up close to Oak Grove then it's going to start to take him below the the where what his capacity is now Uh well it would be on existing So if we
look at the spots out near Oak Grove they're on the existing pave One of them is borderline but one of them is not So so you could theoretically shift everything either 10 feet or onto existing pavement and maybe re real
reallot where you're putting the I don't think the number of spaces is is a question So maybe it's 26 maybe it's 30 May maybe you can look at can I creep even further into the lot eliminate in here So the actual number I don't think is the big deal It's it's it's not it's
where you're putting it Yeah we certainly didn't want to go further to the rear wanted to respect the abutters to on the back side Um but even at that you you have space on the existing asphalt So you're you're showing 15t wide vegetated buffer That's to the end
of the existing asphalt You could slide 1 2 3 4 5 6 almost seven spaces further west to the edge of the asphalt still providing the vegetated buffer And that'll give you some more room up front as well So it won't I don't can't go over the tanks you're talking about also
sliding some of those front paces shifting them around entirely so that they fall on the existing pavement so all existing screening can remain Um and then we're not be further in the the issue that Mr Maderas is pointing out to me if we shifted things over to I guess
it'll be a subtly direction is is the underground tanks for the for the gasoline is there and I I guess there are some issues about putting fencing over that Is is that right yeah I don't think you want to drill in there to put fence posts I know But but that would
actually sliding what I'm telling you to slide westerly sorry easterly is going to remove that front row of spaces off of that area The back the back two bays the 18 spaces anyway
Okay I mean you're the one that's trying you know it it's 5 pounds of cars in a 10 pound bag Um so where where you put them it has to work for you Um but with the understanding I I would think that with the direction of not big on the special
permit and getting rid of that buffer maybe you want to take a shot at at redrawing this But that's that's up to I don't know what your time time restraints are All right Just what they're saying I think is that they'd like to see a different plan Would you try to remove some of the parking
spaces do you even have to possible what might happen i don't want you to say we can live with 20 and then maybe you could have gotten more if the engineer drew it a little bit differently just inspection
Yeah I mean he's under a bit of a a a tight timeline from a from a closing perspective Um well this board can can can grant a condition on you know not granting the special permit giving you a number of vehicles
in that area you know not to go beyond the shaded area if you can live with with those conditions and then you get what you get or to take the time and maybe you get a few more spaces if but if you don't have the month to do it then you don't have the month to do it So I I understand that end of it as well
Yeah So just in terms of the the buffer so the the bylaw calls for a 10-ft setback correct um which is and I think we can we would be able to maintain that on the what I call it You could actually extend the pavement still because that
first space is only nine and you've still got room yet to the pavement on which side on on the bey street side Bey street Yeah And and that's I think my that's my greater concern is bey street side So oh yeah you got a small plan and and it
would that would mean eliminating four of those spaces or shifting this and you can maintain the number This is a 9 ft space from this dash to this dash So from the property line 10 ft this is more than a foot So you're
probably 10 ft you're probably going to be in here Okay pavement is already here So this pavement can still now come out to there So now so your spaces will begin there These spaces can come up to this line or at a 15t offset or whatever that
vegetative buffer needs to be So these can shift lose one two three four this one because when you look at the 10 you can probably fit this one So yeah you're going to lose one two three four right and then you're on paper That's what
we're Yeah If if we're comfortable with that We're comfortable with that So you can withdraw the special permit if you want to do that But but I still need it for Oakrove AB don't I no Well it's going to fall on existing pavement Or you can limit the special permit to
just deal with that because that's on existing asphalt So that's I Oh I I understand That's why it's always easy to get a cleaner plan but I understand we don't want to Yeah we want to fix it now Um but I but I I just I think not just
the elimination of the spaces then not to split hairs it So it would be we've got to maintain the 10 ft on the Bey Street side Y um but I think we still need to ask for this special permit on the Oakrove side and and that if that's
something that the board would entertain That is paved at this point That oh in the front Yeah Oakrove Avenue is paved Yeah I think the whole lot is paved It's not the way the plan shows and it shows all the trees grew through the the paper Then you should have your surveyor
redraw the plan But but we're we're we're comfortable with the the 10 ft on the Bey Street side and it would ask for the special permit Is it paved to the fence is that is your property paved to Bey Street the parking lot It's all vegetated along Bey right vegetation on
that side Yeah it's pavement But it's all trees It's all trees Yeah So nobody's using it No No Right outside the trees are grown through the cracks But but I but I what we're suggesting to the board is we would maintain the 10-foot requirement under the zoning
ordinance along Bey Street We would ask for the special permit along Oakrove Avenue which again is is already paved out and there isn't vegetation growing through that pavement But Oak Grove Avenue up to the 10ft offset of Bey because at some point they're going to intersect So you're
either calling it Bey or Yeah Yes For the entire length of Bey for the entire length of bey Yeah Mhm Yes To me that's that's that's a major step Anybody else questions on this or comments on this everybody following
what we're trying to Yeah Okay So and you'll get a bill for design services So we'll looking at no more than 24 spaces Yeah Yeah that's all right Or am I 26 22 26 -
4 22 22 22 and then whatever other contemplated screening or fencing along the remainder of the site that you wanted to to deal with or site improvements Yep that's where it's at Any other questions
comments if not we have to decide with we have to lead with do we want to give a variance on this and what are the conditions of the variance and then the special permit we have to we would have to allow the stow otherwise the special permit doesn't
mean anything and if we allow the stow what are the conditions under the special permit Let's take the first one I move approval of the uh variance for use Any conditions on fencing should the
conditions go on the variance yeah that's what I Yeah because that's because some of the fencing has nothing to do with the special permit aspect of the site Let's say maintaining vegetative water in the whatever north of the property The establishment of a
uh fence border on the west and south the No the entire the entire area where where stowage would take place would be fenced Yeah Right But the a perimeter of
the property second perimeter fencing between the Broadway properties area of fenced area that's a separate Yeah And then we also had the uh fencing or the vegetative border on the east side on the rear 15t wide and the rear Yeah That
that one we got but we got one on the east also between on the Bedford side No there's no vegetative board to the Well not veget Yeah 6 foot white vinyl fence is what
was requested requested on that Yeah Okay And that's between Broadway properties Yeah So that's the south end of the property I would wrap that around the corner to the end of Yes the building line or asphalt line where that existing stockade fence is just because
we don't know the condition But for aesthetics wrap that corner Let's make sure we don't Let's make sure we don't bring that all the way down to the street line on Oakrove Vab because you'll have an impediment of view when you're trying to
come out of the uh coming trying to come out of the car wash and turn if you're going to be turning to the south Ter how far down that property line would you like to see the fence coming down to Oakrove Avenue mr A I'll leave it to you as direct engineering How far so you don't because
that's true You don't want to have an impediment I'd say of cars exiting I'd say you want you want to leave at least 10 ft from Oakrove Avenue so that you can see traffic coming from the left as you pull out of the car wash Yeah it looks it looks to be about 20 Okay
Up to the corner of the car wash Yeah that that that's back a little bit more than 10 but that's fine If the butter is okay with it let's go with the 10 ft coming all the way back to the car wash We don't want to set up a you know
automobile I don't want Brian Cun in company to be standing there The cars are getting hit We have uh discuss uh hours of operation They offer that Yes So um 8 8 to 5 7 days a week for the regular business
For the regular business operation So that's all the car wash is going to be open Yes Car wash will be open only 8 to5 Yes 8 to 57 or whatever I don't know what the hours are in Hang on We're all over the place right now That those uses
existing uses have no have no correct limits There's no relief being requested The the only hours of operation to be discussed should be what the variance is related to which would be the the stowing part The varian So what are we looking for for stowing
24/7 24/7 Yes Yeah I just wanted Just wanted to hear it This is the most complicated record Well it would be easier with a revised plan and then we can just say in accordance with the plan but we don't have that We're not g we're not afforded that luxury tonight Are you
getting rid of flip street excuse me Are we getting rid of the flip street they had offered that Yes So I mean how can we put restriction on another piece of It's really licensing but it was it was offered Yeah But you can take it for whatever it's worth nothing to say that somebody else isn't going to come in and
take that over and use it for stow We can't control my only question whether that was done by was done by we don't know It was never offered to us where he was operating until just now So even if even if he does away with he doesn't have the ability to deal with the real estate
So he may not rent that piece anymore but that doesn't preclude someone else from renting it So in the spirit of full disclosure so they own the property they've since sold it they have a temporary lease there that's expiring until they can find another location His understanding is the person that's going
to be uh utilizing the property is going to be doing some kind of like auto body repair or something like that there But I I Are you going to represent him come back in i understand As long as he's not coming back for Stow Okay Okay So we have a motion on the
variance That is all over the place but yeah it's a motion on the variance Conditions of that variance would be maintain the vegetative a 10-ft vegetative border along the Bey Street side of the property Mhm 10 foot right
10 foot wide We're going to keep the set back to 10 ft Fencing around the property will be of chain link with privacy slats for the sto for the stowed area Not
around the in the stow area Yes Do we condition right now the number of spaces at 22 yep 22 spaces White vinyl fence White vinyl fence along the southern side southern side of the
property gets a a white vinyl fence along Broadway properties there section that's Broadway property structure that fence not to come any closer than 10 ft from um Oak Avenue for visibility
exiting the car wash and along the easterly boundary to the edge of the pavement easterly easterly boundary we maintain the trees that are existent no no they're along this end Come up the white fence Yep
Then then bang go north along the edge of that pavement there There's no there's no vegetation there Okay All right So right around the back of the car wash then Exactly Just to make an L of the same type of sense You don't have a problem with that no Okay So that extends in an L property going about 30
40 feet to the north Maintain the vegetative buffer that exists to the to the east Would you still add arroite to that to the to the back proper yes Yeah I'm
going to I want to clean it all up Okay Okay So maintain and improve with our providing the vegetative border that exists to the uh to the east side of the property that small out building Is that staying
there or is that coming down what's in that i You don't know what's in it Yeah Once we get to the the the way it looks like it might it might be coming down That's Mr That's the owner What's in that
little the the shed out in the back corner who used to store oil there got it Oops Is it still existing yes Yeah It needs a roof It needs some TLC So there's a good chance that won't be there any longer Mr Chairman
Does this need site plan yes Yes absolutely What else am I missing on this i shouldn't even be writing these things I mean if we had a revised plan no But at least through site plan review we can memorialize everything on on a piece of
paper How can we require that revised site plan or plan be presented for who's it going to be presented to to to the site review committee Well that's site plan review Yeah I know But but that they have to give you a new plan
How he the motion is it's going to be filed for site plan review So So he has to give a plan through through that process And and the the plan can reflect these conditions Absolutely Yeah That's the intention is to have okay a plan somewhere Yes Some authority that
memorializes these conditions We have all this You're good Second to read by chicken scratch but it's all call me Very good That's what video is We have a second Second Very good Who seconded it john John John Then
on the motion Are there any questions on the motion before we move forward alexis repeat Yes Dan Yes Jim Yes John Yes Jim Fury Yes
Special permit Special permit Bifrocade Yes Make a motion to grant that this is not more detrimental to the neighborhood with the removal of the four spaces along Bey No more than 22 and 10 foot Do we have to do the 10 foot
border on this as well yeah because you're modifying the special perimeter request was to do it all So now you have to modify it in some form of fashion Ah so that eliminating the special permit be granted along Oakrove Avenue to the 10ft offset of be something to that effect Eliminating the four spaces and
keeping a 10-ft vegetative border along Bey northern edge along Bey Street along Bey the full continuous length of Bey all the way to Oko Avenue We'll never get anything to grow grow
where the oil building was Second motion and second Any discussion on the motion john yes Jim yes Dan yes Alexis yes Jim Furry yes Great Thank you very much
everyone Thank you Have a nice Easter You're welcome Citizens input No one signed up Approval of minutes We [Music] have they're in here and they were emailed to everybody Thank you They're
also in the iPad If you don't want to jump tables don't ask me Thank you again everyone Good night Um all right We have a motion to um wave your reading and approve the minutes If we have a second
on the motion Alexis yes Dan yes Jim yes John yes Chairman Perry yes Motion to adjurnn Motion to adjurnn Do we have a second i on the motion All in favor hi