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Fairhaven Select Board hears presentation on “friendly” 40B

April 15, 2026 by Staff Writer

 By Beth David, Editor

At its meeting on 4/13/26, the Fairhaven Select Board heard a proposal for a “friendly” 40B project. 

Chapter 40B is the statute that allows developers of residential units to skirt most local zoning bylaws if at least 20% of the units are affordable, meaning the rents are based on income. The law was created to increase affordable housing in municipalities that have less than 10% of their housing stock as affordable. With a friendly 40B, the developer works with the town to create a develop­ment that town officials support.

The proposed project would create 224 units on 12.29 acres at the former G. Bourne Knowles property on Route 6. The developer met with town officials, including Town Ad­minis­trator, Keith Hickey, to develop a plan that the Select Board and other boards would support. If the project goes forward, the 224 units with 25% designated as affordable, would put the town over the 10% threshold.

Ricardo Raposo, Raposo Legacy Develop­ment, is the developer. He has a Purchase & Sale agreement with Knowles and is set to close on the property within a few days. The development team also includes: Richard Rheaume, Prime Engineering; Dan Herchenroether, Architect; Traffic Engineer, Jeffrey Dirk, Vanasse & Associates; 40B consultant, Lynne D. Sweet.

Mr. Hickey told the board that the developer took some comments by department heads and incorporated them into the plans, such as increasing the units to 224 so the town would reach the affordable housing threshold.

Meeting that threshold means a developer cannot bring a 40B project to the town “in a less than friendly manner,” he said.

Ms. Sweet explained the 40B process to the board, and said they were looking for the town’s support in general for the project. Then the developer would put together the paperwork and ask the board to send a letter of support for the project to help it move along with the state. The project must get approved by the Executive Office of Housing and Livable Communities (EOHLC)

The project would also have to go the Fairhaven Zoning Board of Appeals, which issues the permit.

The whole process will take about two years. Ms. Sweet said as soon as the ZBA issues the permit, the “safe harbor” kicks in and the town is considered at the threshold for meeting the 10%.

The project includes three or four buildings. The majority of the 224 units would be two bedrooms. On site amenities include a fitness center, business center, dog run, tot lot, acres of open space for passive recreation. The site is also adjacent to the bike path. The front building will be three stories. The rear buildings will have drive under parking. The site will have 372 parking spaces, with room to add more.

The state requires 10% of the apartments to be three bedrooms. Mr. Hickey said the School Superin­tendent said the school system has enough capacity to accept more students. Public Works said the water and sewer system can handle influx. 

There will be more calls for service simply due to having more people, but the fire and police departments do not anticipate the need to hire more personnel. 

The site is across the street fro Lifestyles Plaza and the Mariner Soccer fields. Board members expressed concern about traffic flow.

Ms. Sweet said on the west end of the property, the entrance is right turn in only and right turn out only. The east side will use the existing Peirce’s Point road for left and right turns. 

The process will include a public hearing with the ZBA.

The board did not take a vote, but generally gave positive feedback on the proposal, citing the need for housing and the need to protect the town from hostile 40B development. Ms. Sweet will put together the paper­work necessary to file the Project Eligibility Letter with the state and submit it to the Select Board to sign.

The presentation is available on the town’s website in the public packet for the 14/13/26 meeting. 

In another matter, the board voted to increase membership fees at the Recreation Center by $10 in each category.

Rec Center Director, Bernadette Barreira, told the board that when she met with the Finance Committee during the budget process, they said the fees were not high enough.

Ms Barreira said she was hesitant to raise the rates, but looked back and found they have not been raised since 2019. The new rates will generate $5,990 more in revenue.

She said they want to keep the rate reasonable so more people can enjoy the center, which has a lot of different programs. 

She also reminded the public that the Rec Center will be running Kool Kids during Town Meeting. The program will be free that day for TM members, and $35 for Fairhaven residents who want to attend but are not voting members.

In another matter, the board decided to continue the meeting until Wednesday, 4/15, instead of adjourning. 

Mr. Hickey said the Board of Public Works was meeting at the same time and they were going to discuss the trash fee. Some residents had sug­gested that the BPW raise the trash fee from $100 to $200 or even  $300 to close the budget deficit. The town is proposing a $760K Proposi­tion 2 1/2 override (see related story on page 11). An increase of $100 would raise $600K. That would change the numbers for the budget being submitted to Town Meeting on 5/2. 

The BPW, however, did not vote on the measure at its meeting.

•••

Click here to download the 4/16/26 issue: 04-16-26 EagleScout

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