By Beth David, Editor
The Fairhaven Planning Board had another lively session at its ongoing public hearing on the proposed 40R Smart Growth Overlay District (SGOD) on 9/4/24. The hearing was continued to October 8.
Questions surrounding the waterfront area in the district again dominated the discussion.
There has been some negative feedback from the community about including the waterfront district for a variety of reasons. Controversy also surrounds that district because PB members Patrick Carr and Ruy DaSilva both own property in the proposed district. Both have participated in the discussion, with Mr. Carr, as vice chair, even running a portion of the public hearing. Both of them and PB Chairperson Cathy Melanson have said they are allowed to discuss and deliberate, but not vote on the proposal. Despite repeated requests from the Neighb News, neither Mr. Carr nor Mr. DaSilva has provided any guidance from the State Ethics Commission to share with our readers.
Attorney Adam Costa presented the board and the public with several handouts, including comparisons of other 40R districts that have been passed and their various stages of completion, with timelines on the buildouts.
He also provided more detailed information on income limits for the affordable units, and average salaries for different professions.
The median family income in the metro area used by Housing and Urban Development (HUD) to calculate the limits, is $91,300 (the New Bedford, MA HUD Metro FMR Area). A single person can make up to $61,350 to qualify for one of the units; $87,600 for a family of four.
The board also discussed the possibility of the proposed 40B project at the former Park Motor project that was presented to the Select Board at its 8/19/24 meeting.
But at some point as the meeting got a bit testy, Chairperson Cathy Melanson refused to allow anyone to mention “40B” despite the contention that the waterfront district was added back in precisely because of a 40B proposal. A 40B project can skirt local zoning laws to create more density as long as at least 20% of the units are for lower income residents.
Resident Michelle Costen, who has been a vocal advocate for affordable housing, and a supporter of the 40R district in the plazas, but not the waterfront, broke down the math for the affordable units, coming to the conclusion that very few would actually go to Fairhaven residents.
Ms. Costen said she was supportive of 40R, but not in the waterfront district because it is prime real estate. The units could sell for more than $1 million, and rental units will not be affordable except for the number required by regulation.
She said the district is being promoted as helping to make housing affordable, but it will not do that.
Ms. Costa acknowledged that prices will be dictated by the market.
Resident Randall Villeneuve asked about the Park Motors property, noting it is a hazardous waste site. He also asked about the units that would be sold and not rented and how they would remain affordable.
Mr. Costa said the project is “structured to maintain the affordability of those units.”
In response to a questions, Mr. Costa laid out the process for a 40B project, which includes getting permits from the Zoning Board of Appeals (ZBA). Although it was still unclear on how that would work since a 40B can skirt local zoning laws.
Resident Ann Richard noted that two members of the PB are also on the ZBA. Those members are also Mr. Carr and Mr. DaSilva.
“We’re not talking about 40B anymore,” said chairperson Cathy Melanson. “Everyone knows Fairhaven needs to grow.”
Resident Despina Longinidis said she believed there was a conflict of interest (COI) in the room.
“There is no conflict of interest in the room,” said Ms. Melanson.
“There is,” said Ms. Longinidis.
Ms. Costen, who had at some point been told she could not speak because he has already had her two minutes, said they were not letting people speak.
Ms. Melanson and Ms. Costen mixed it up a little, speaking over each other, with others in the room saying the board is supposed to let them speak at a public hearing.
Ms. Longinidis pressed her point about the COI, with board members benefiting from the project.
“Call the Ethics Committee [sic] and ask them,” said Mr. Carr. “We are here to talk about 40R not conflict of interest.”
He said that had to be answered by “an attorney in Boston.”
Ms. Longinidis pointed out the spot in the town’s bylaws, saying it was a violation.
Ms. Melanson interrupted her and pointed first to Mr. Carr and then to Mr. DaSilva saying, “He’s not voting, he’s not voting.
It’s not about voting, said Ms. Longinidis. They cannot discuss or deliberate.
“Go to the ethics committee [sic],” said Ms. Melanson.
“These meetings are exhausting, really,” said Ms. Longinidis.
The two went back and forth a bit.
“You’re holding these meetings and not listening to the people,” said Ms. Longinidis.
The board also discussed the details and wording of the bylaw itself, including the wisdom of including waivers.
After a bit more discussion, Mr. Carr was the one who actually suggested taking out the waterfront. He said he failed to see how he and Mr. DaSilva would benefit from the district.
Mr. Carr said just delete the waterfront, and let the 40B get built, the town will be happy and they won’t have to worry about COI.
“And they get what they want,” he said.
The board discussed some other details of the regulations, including height restrictions.
In the end board members expressed support for the 40R district, but were not necessarily in favor of the waterfront district being included.
They asked Mr. Costa to find out if the state would agree to allow the splitting of the article, as the application has already been submitted. He was also asked to ask the Select Board if they would support that recommendation (see page 3).
The public hearing was continued to 10/8.
The board was also scheduled to meet again on 9/10 to discuss the other bylaws changes they are proposing at the STM, including changes regarding Accessory Dwelling Units (ADUs). They will be holding a public hearing on those proposed changes on 9/24/24.
The documents discussed at the meeting were put on the screen but have not been added to the 40R documents that are available online at https://www.fairhaven-ma.gov/planning-economic-development/pages/40r-mixed-use-overlay-planning-district
The meeting is available at fairhaventv.com
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