Fall River ZBA grants special permit to divide combined parcel at Everett and Alden streets

The Fall River Zoning Board of Appeals voted to grant a special permit allowing Marino Benevides to divide a merged assessor parcel on Everett and Alden streets into three lots, preserving existing multi‑family buildings on each resulting parcel.

The board acted Thursday after hearing from David M. Asad, an attorney for the applicant, who said the parcel contains three preexisting rental buildings: a six‑family at 84 Everett Street, a three‑family at 310 Alden Street and a three‑family at 94 Everett Street. Asad said the proposal would create three independent lots to match those existing buildings and noted a 12‑foot curb cut and a 9.75‑foot opening from Everett Street that provide site access. He also said an existing basement bakery space (associated with 294 Everett) will not be reactivated under the current petition; any future return to commercial use would require a separate application to the board.

Dan Aguiar, the city’s director of planning and engineering, summarized the conditions the board typically imposes on 86‑4‑23(b) lot‑division petitions: a recorded affidavit establishing separation of utilities; no new interior fencing along newly created lot lines; and permanent monumentation of new property corners (concrete bounds, iron rods or equivalent). Aguiar and the petitioner confirmed existing water and sewer services for each building are preexisting and shown in department records, simplifying the required affidavit.

After discussion, the board approved the special permit with conditions that utilities be separated and evidenced in a registry‑recorded affidavit, that no expansion of uses occur without further relief from the board, that no interior fencing be installed along newly created lot lines, and that property corners be monumented. The vote was recorded as unanimous by the board members present.

The decision included a notation that the applicant may file a future petition if he seeks to reinstate or convert the basement commercial unit to commercial use or a separate dwelling; such a change would require separate review and approval.

The board opened the meeting to public comment; no members of the public spoke in favor or opposition on this petition.

The board’s action preserves the existing buildings on each newly created lot while imposing conditions intended to prevent later disputes over utilities, property lines and unpermitted expansions.