By Beth David, Editor
At its meeting on 3/2/26, the Fairhaven Select Board voted to release the executive summary of the investigation into the Timothy-Hiller Subdivision Constructive Approval, but not the full report.
The investigation was initiated to find out how plans for a 16-house subdivision never got in front of the Planning Board for a public hearing. The plans were automatically approved in what is called a “Constructive Approval,” after 155 days passed without any action by the town (135 days plus 20-day appeal period).
Board members pointed fingers at former Land Use and Planning Director, Bruce Webb, who took responsibility for the slip-up, but also noted that it is usually the chairperson’s responsibility to put items on the agenda (see 10/23/25 issue). Cathy Melanson was chairperson for part of the time, and Patrick Carr was vice chair and acting chair for part of the time.
The report does not address whose responsibility it is to place items on the agenda. Generally, plans are placed on the to be accepted at one meeting, then a public hearing is scheduled for a future meeting. “Receipt of Plans” is a standard agenda item.
The subdivision plans had been submitted under a different name and had been rejected by the PB. The courts at every level also upheld the town’s decision not to let the project proceed. The developer, Robert Roderiques, then submitted the project under a different company name, Windmill Acres, on 3/24/25.
The plans were given to the town clerk to date stamp on a day when the Planning Director was not in.
Mr. Carr has publicly stated, and emails support, that he knew about the new filing, but did not move to put it on the agenda for a hearing. Other PB members have stated that they did not know anything about the new filing. Residents found out about the project when the developer started clearing the land.
It states that Town Counsel, Michael Terry, told Mr. Webb on 4/3/25 that the application did not need to be reviewed by the Planning Board. On 4/22/25, Mr. Terry spoke with Mr. Webb to say his earlier advice on 4/3 was incorrect and the application needed to be reviewed by the PB. Mr. Webb denied that conversation ever happened.
On May 12, after a conversation with Mr. Terry, Mr. Carr emailed Mr. Webb about the 135 deadline.
Between March and August several people asked Mr. Webb what was happening with the plans and he stated he was told by Town Counsel to do nothing with them.
In the end, the report mostly puts the blame on Mr. Webb for the snafu.
“Mr. Carr can be faulted for not informing the incoming Chair that the new plans had been received and that there was a 135-day deadline to act,” reads the report. “He did not do so because he relied on those who were responsible for the operations of the Planning Department to inform her [sic] of pending applications.”
The report also notes that Mr. Webb was out of the office a lot during that time due to his family’s health issues.
“The evidence supports the conclusion that, with the distraction of his family’s health issues, Mr. Webb’s asserted misunderstanding of Town Counsel’s advice, his failure to inform the new Planning Board Chair or members other than Mr. Carr of the plans’ receipt, and his negligence at any time prior to the expiration of the 135-day deadline to confirm that he should do nothing with the plans, Mr. Webb is primarily responsible for the plans being constructively approved,” reads the report. “The evidence does not support the conclusion that there was any nefarious intent or conspiracy intentionally to cause the plans to be constructively approved.”
The executive summary is available on the Select Board’s website page under “Documents, Agendas, and Minutes” (https://tinyurl.com/4k6p6vm4) and on the Neighb News website: https://www.neighbnews.com under this story.
In other business, the board lifted the state of emergency that was imposed due to the blizzard. Board members noted the Herculean efforts of first responders and public works employees who cleared streets of more than 30 inches of snow.
The board will talk about what went right, what went wrong, and discuss changes in procedures for the next big storm or emergency.
The board also held four executive sessions: 1) to discuss results of the Timothy-Hiller CA; 2) to discuss a legal case in district court, Jodi Donahue v. Fairhaven PD; 3) Collective bargaining, Police Dept. Memorandum of Agreement; 4) to comply with or act under the authority of the Public Records Law to discuss a confidential Fire Department personnel investigation report.
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Click here to download the 3/5/26 issue: 03-05-26 Blizzard_Kids
Click here to download the Timoth-Hiller Summary: Timothy-HillerSummary
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