By Beth David, Editor
Fairhaven Town Meeting members approved a 40R Smart Growth Overlay District (SGOD) for more than 80 acres including two areas in the plazas subdistrict and the controversial waterfront subdistrict at a Special TM on Tuesday, 11/19/24.
The SGOD allows for denser housing and combines commercial with residential units. It will allow dense cluster housing with retail or other types of businesses on the ground floor and residential units above.
The plazas district will have a height restriction of 55 feet; the waterfront district will be 45 feet. There was some discussion about the wording of the height restriction and number of stories being confusing.
Proponents of the SGOD said it would preserve the character of the town, while opponents said it would do the opposite.
The measure only needed to pass with a simple majority vote instead of the 2/3 usually required for zoning, because the state changed the voting requirement in order to encourage more housing to be built.
The state also built in some incentives to encourage municipalities to adopt 40R zoning, including a cash payment to the town for adopting it, and payments to the town for each housing unit built.
Former Select Board member Bob Espindola urged TM to hold off until April to allow time for an analysis of the impact the changes would make, including on traffic, services, and infrastructure.
No one was allowed to talk about the alleged conflict of interest of two Planning Board members, Ruy DaSilva and Patrick Carr, who own property in the proposed waterfront subdistrict, and have alternately said they have no conflict, then that they could deliberate but not vote and, finally, they did not deliberate or vote at the last two PB meetings that addressed 40R.
Town Moderator Mark Sylvia interrupted anyone who tried to bring that up, saying it was not a matter for Town Meeting. He said Town Counsel advised him that people had to speak to the merits of the article only.
But several people still wanted to talk about the process, saying it was filled with confusion and rushed.
Select Board Chairperson Stasia Power said that the process started in 2022 and was, indeed, a long process.
Attorney Adam Costa, of Mead, Talerman and Costa, said it was the longest one of the dozen or so he has worked on.
Rich Griffiths said the town was in too much of a hurry to change bylaws and the town should slow down.
Will Gardner, a well known proponent of denser housing and walkable neighborhoods, said when people think of Fairhaven they are not thinking of “seas of asphalt” that are the empty parking lots around town. He said the big lots with big stores are a relic of past bad practices and should be stopped.
He countered that the excessive parking requirements cause more traffic because it spreads everything out and people have no choice but to drive.
Wayne Hayward spoke against the waterfront subdistrict, saying it simply allows too many units.
“I’m not against 40R, I never have been,” said Mr. Hayward. “I’m against this 40R.”
Mark Sullivan said the town is losing businesses, and if it is seen as a “declining community,” it will be very hard to get them back.
Others pointed out that several new businesses have recently opened up in Fairhaven.
Select Board member Andrew Romano said small businesses in Fairhaven are struggling. The denser housing would bring more foot traffic to areas with small businesses.
Kenny Paulino said as a millennial in Fairhaven, he wanted to see the town grow. He said it seemed the town was hesitant to do anything, and the town will lose people like him, with small children.
He agreed there is a lot of traffic and people are “flying up Route 6.”
“They’re driving through Fairhaven,” said Mr. Paulino. “They’re not stopping here.”
He said creating the kind of developments that the 40R would allow will slow people down.
“It will bring people of my generation to town,” he said. “We’re willing to take the risk.”
Planning Board member Jessica Fidalgo, who voted against sending the article to TM, said people need to recognize why they are voting against the measure.
Ms. Fidalgo said she was against the waterfront being part of the district, but, she added, “I dont think I would vote down the entire bylaw based on the waterfront.”
TM members also approved a new bylaw regulating Accessory Dwelling Units (ADUs), bringing the town in line with the state’s recently passed law allowing ADUs by right, instead of by special permit.
The change allows home owners to add an ADU, often called and in-law apartment, on their property following certain guidelines. If they stay within those guidelines, they will not need any variances or special permits. They will need a building permit that will be reviewed by the building department for compliance.
ADUs have to be 900 square feet or less, or no more than half the gross flooring of the principal dwelling, whichever is smaller. The bylaw also restricts height and setbacks. The unit must share the sewer and water lines of the principal dwelling. They are not allowed to be used as Short Term rentals.
TM members also approved a bylaw for the Commission on Disability. The current COD was established by the town decades ago, but was not created with a bylaw. After some discussion, including some opposition, the measure passed.
The article setting aside $250,000 from Free Cash for the new grant writer to have available for matching funds also garnered a lot of discussion, but passed in the end. TM members were concerned that the grant writer would be able to use the money as a “slush fund,” and they were concerned about who would pick the grants being matched.
The grant writer will work with individual department heads to write grants, and the Select Board will vote on which ones will go forward if they need matching funds.
Ann Richard ended the meeting with an acknowledgment that it might be Mr. Sylvia’s last as Town Moderator, as he was just elected to be the state representative for the 10th Bristol District. She said she wanted to thank him. And TM members gave him a standing ovation.
Mr. Sylvia said the last 15 years as Town Moderator have been “enormously fulfilling” to him. He said he will only step down when someone else comes forward to take over. He is not obligated to resign and he has 2 1/2 years left on his term.
“I am very, very, very, very proud and honored to have served in this role,” said Mr. Sylvia. “This is a really good town. Don’t let anybody tell you otherwise. This is a wonderful place to live and it’s because of everybody in this room and the constituents you represent that makes it so special. So thank you very much from the bottom of my heart.”
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