Zoning Board votes: plans for lot splits, variances and use changes approved or continued Oct. 16

Fall River — At its Oct. 16 meeting the Zoning Board of Appeals heard a series of petitions ranging from residential lot splits to modest building additions, and it voted on motions that will determine whether applicants may proceed to subsequent permitting steps.

Key board actions included approvals for property divisions at 860 & 868 President Avenue and 29 Palmer Street, a special permit to convert the Durfee/Buffington building at 377 Second Street into 10 one‑bedroom apartments, approval for several smaller variances and special permits, a six‑month extension of a previously granted variance for 99 Jones Street, and a motion to table a Little Hands College petition pending legal guidance. The board also allowed one petition (ACN Treyum LLC, 547 Highland Avenue) to be withdrawn without prejudice.

Highlights of the board—s votes and conditions:

- Cordero Family Irrevocable Trust, 243 Montaup Street (Old Business): The board granted relief limited to lot‑coverage and the rear‑yard setback for a proposed deck after the applicant revised plans to eliminate front and side setback and parking variances. Motion approved unanimously; decision narrows the relief to lot coverage (proposed about 51.3% vs. a 30% district standard) and rear setback for the deck.

- LKM Enterprises, 860 & 868 President Avenue (New Business Item 1): The board granted a special permit to divide the property into two lots under the zoning provision for preexisting multi‑family structures (§86‑4‑23b), with standard conditions including either site‑plan review or affidavit showing separate utilities, permanent boundary monuments and prohibition on additional accessory dwelling units beyond state law. Motion approved unanimously; conditions recorded.

- South Coast and Associates, 6 Shannon Street (New Business Item 2): The board accepted the applicant—s revised request and granted variance relief for side setbacks and lot coverage necessary to construct a 26x25‑foot addition and decks on an existing single‑family structure. The board noted surrounding paper road/right‑of‑way and conservation, health and planning permitting still apply. Motion approved unanimously.

- Hyde Development, 377 Second Street (New Business Item 3): The board approved a special permit to convert the Durfee/Buffington building into 10 one‑bedroom apartments; the approval included waivers related to parking placement and aisle width and was conditioned on subsequent site review and other department approvals. Motion approved unanimously.

- Technical Real Estate (29 Palmer Street, New Business Item 4): The board approved the division of one parcel into two lots (special permit §86‑4‑23b) with standard conditions including permanent boundary markers, separation of utilities (site plan or affidavit) and restrictions on additional ADUs. Motion approved unanimously.

- 270 Seabury Street (New Business Item 6): A special permit was granted to change a nonconforming commercial use from an ice cream shop/novelty use to a bakery. Motion approved unanimously.

- 99 Jones Street (Extension request): The board extended by six months a variance previously granted on Oct. 17, 2024, to allow the property owner additional time to install required off‑street parking and close a pending sale. Motion approved unanimously.

- Little Hands College (Old Business Item 2): The board voted to table the petition to the November meeting to await an outside counsel opinion requested by the building department; chair and staff noted the board has time under the 90‑day statutory review window but advised parties that a special meeting or scheduling change may be necessary to meet deadlines. Motion to table approved unanimously.

- ACN Treyum LLC (Old Business Item 1): Counsel asked to withdraw the petition without prejudice; the board granted the withdrawal by unanimous vote.

All motions recorded during the meeting were unanimous in favor; board members recorded affirmative votes and placed standard procedural conditions on approvals where appropriate (site‑plan review, Board of Health clearance, permanent monuments, separation of utilities, and adherence to city and state codes). Several items were noted as contingent on additional permitting from other city departments (planning, building, health) and outside agencies (MBTA) where applicable.

Next procedural steps vary by petition: applicants with approvals must submit final site plans or evidence of conditions (for example, affidavits of separate utilities) before endorsements and may face additional reviews by the planning department, Board of Health, or conservation commission depending on the project.

Sources: Public hearing testimony and motions recorded at the Fall River Zoning Board of Appeals meeting, Oct. 16, 2025. Vote summaries reflect motions and roll‑call yes votes captured in the meeting transcript.