Submitted by Cathy Melanson, Fairhaven Planning Board Chairperson
Dear Fairhaven Residents, The Planning Board is an elected, volunteer board. The members are here to further enhance the prosperity, livability, and resiliency of the community. We are here for you and to ensure compliance with Mass General Laws.
The Master Plan 2040 is a guiding document as the Town plans for its future.
There have been two master plans, 1996 and 2018 recommended by the townspeople to provide more flexibility and incentive within the Accessory Dwelling Unit bylaw.
In 2024 the Planning Department is focused on following these goals and recommendations.
Addressing the following regarding ADU’s 198-32
Affordable Housing options and supportive environments for elderly residents
1. Minimum lot sizes are dependent upon Town Zoning districts. They must follow Massachusetts General Laws (M.G.L. 48(1-a) according to building codes. This is not in the purview of the Planning Department. The Planning Department is seeking to remove this from a Planning Board special permit.
2. Unsewered lots, Section 198-32.1 (d)(4) specifies that proposed units shall be permitted only by the Board of Health. Those connected to municipal sewers would proceed to the Department of Public Works. This is not in the purview of the Planning Department
3. A separate entrance either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress. MGL c.40A 1A (i)
4. Dwelling conversions are of existing buildings. Eligible buildings must meet acreage density requirements. New construction goes through the Building Department, not within the purview of the Planning Department.
5. The Planning Board does not approve new construction, the Building Department is the approving entity.
6. By-right means your existing dwelling does not need a special permit, it must go through the Building Department
7. Campers, seasonal RV’s, boats etc. are personal items, not real estate, through the Building Department.
8. The changes that are proposed are to make previously approved ADU’s by special permit to now be By-right. All others remain the same. The Planning Department is not zoning.
The mission of the Planning Department change request, is to remove the special permitting process for conversions of pre-existing buildings. Property owners must go directly to the building department for all permits and approvals. There are specific regulations that relate to all matters ADU’s.
If you have any question or concerns, please visit the Massachusetts General Laws for ADU’s at http://www.mass.gov/info-details/mass-general-laws-c40a-ss-1a
Docks and Piers – Section 198-32.2
There are a minimum of eight (8) state and federal agencies and five (5) town departments that must approve a dock prior to construction. The Planning Department does not provide any decision nor real estate expertise within these expert entities.
Clearing of Trees
Solar photovoltaic energy facilities — Removing all clear cutting of trees and natural vegetation shall be prohibited. This means that the Planning Department supports conservation.
Shipping Container
The Planning Department added a comprehensive definition for shipping containers/portable moving/storage unit/container/pod. Previously there was no definition. No changes were made within the various zoning districts and/or regulation schedule.
Storage Units
No changes have been made to the use regulation schedule
Powers and Duties of the Planning Board
The Planning Board election cycle is to follow the Massachusetts General Law 81A according to a 3-year schedule.
All definitions and word use are to clarify existing and missing definitions.
We look forward to the Annual Town Meeting Saturday, May 4, 2024, 9:00am at the Elizabeth I. Hastings Middle School.
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Click here to download the 05-02-24 issue: 05-02-24 JrTreeWardens
Click here to download Patrick Carr’s response letter: CarrResponseSeaspray
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