Questions Raised Around Timothy Hiller Project
Some residents have claimed that the Fairhaven Planning Board is wasting town legal funds on the Hiller Avenue Subdivision legal actions. They are 100% correct. The Hiller Avenue permitting events are as follows.
The Planning Board denied developer’s “Preliminary Subdivision Plans” in 2019. Denied 0-8 by every elected official.
The Fairhaven Board of Health denied the subdivision plans on health concerns.
Developer’s “Definitive Subdivision Plans”. Planning Board 01/14/20 Denied 0-8.
Developer’s “Remand Plan” to Planning Board (open session-live TV). Denied 0-8.
Developer appeals to Superior Court. Judge ruled on 03/11/24: “We affirm the denial of the subdivision by the Fairhaven Planning Board was proper and the complaint is dismissed.”
Developer then appeals to the Massachusetts Appeals Court. Three judges ruled on 07/08/25: “We are unpersuaded by Plaintiff’s claims. Judgement in favor for the Planning Board.”
Then, Planning Board Chairs secretly hid the fact that a “new” entity filed the exact same plans on March 24, 2025 which plans were previously denied, but withheld the new plans from the Planning Board’s Agenda and secretly allowed the new plans to be unannounced under “Receipt of Plans”.
No action was then taken for 135 days by the Planning Board or Land Use Department.
Few knew, including the public. The Town of Fairhaven defaulted.
On 08/28/25, the Fairhaven Town Clerk stamped a “Hiller Avenue Constructive Grant” decision, since the legal maximum 135 days had lapsed with zero action to process by the Planning Board. A first in Fairhaven’s history. Permit by default. Did Town Counsel recommend that course of action? Doubtful.
Five Building Permits were suddenly issued on 09/25/25. Construction began on the site.
Legal funds were 100% completely wasted because everything that had transpired for five years was totally ignored by a few officials. The hours and hours of Public Hearings dismissed as not important. The two favorable Massachusetts Court rulings ignored. Tens of thousands of taxpayer dollars thrown out the window. Someone needs to answer for this incredibly deceptive behavior.
Defendant Wayne Hayward, Fairhaven
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