By Beth David, Editor
At its meeting on 5/11/26, the Fairhaven Select Board again continued the hearing for Artistic Auto, citing an opinion by Town Counsel that the matter had to go to the Planning Board first.
Town Administrator, Keith Hickey, said the change from two cars to 40 cars for a used car license is a substantal change. Getting a special permit and site use plan is necessary because it is already a nonconforming use.
Owner, Ruy daSilva, who is also on the Planning Board, argued that the increase from two to 40 cars would not be detrimental to the neighborhood. He already has that many cars on the lot, he said, for repairs.
“I could do it,” said Mr. daSilva, adding he was just trying to do it the “right way.”
The property is under agreement, and the new owners want to create a car dealership. The property is on both sides of the street, 98 and 99 Middle Street. The plan for cars uses both lots.
Mr. daSilva primarily does body work and car repairs on the property. He said he got the two-car license to sell because he also had a tow truck at one point and sometimes got stuck with cars, so he needed a dealership license to be able to sell them.
He said he went through a lot to get the two-car license years ago and did not believe increasing from two to 40 was a big change.
He repeated over and over that he had enough room for parking 40 cars and even more.
Mr. Hickey said the permit would not be for parking, it would be for selling cars, with room for customers, etc. Mr. daSilva said the cars would not be sold there, they would be bought and sold at the auction.
Mr. daSilva said it was unfair to him.
“I’m the one who’s being targeted here. I’m the one with enough parking on my property to run my business and I have many businesses next door to me, and I don’t complain to nobody,” said Mr. daSilva. “But again, I feel like I’m being targeted.”
“Who’s targeting you,” asked SB member Andrew Romano.
“Certain people on the board… maybe you” said Mr. daSilva.
The two talked over each other a bit.
“Mr. Hickey sought an opinion from legal counsel, and that means I’m targeting you?” said Mr. Romano.
“Yes, you are,” he said, and they went back and forth a bit.
“And again, I don’t care. I’m tired of being, like I said, I’m not turning around and play games with you,” said Mr. daSilva. “You know what I mean? Okay. Because you know something? You are a really sneaky little one. And again, you turn around, you want to play your games. I’m not going to play these games. You know what I mean? Either way, the problem’s going to be solved.”
SB chairperson, Charlie Murphy, asked if they should continue the hearing instead of voting “no,” so the process would not have to start over. They also discussed when the next Planning Board meeting was and the logistics and timing of the matter going in front of both boards.
Joseph Wilkerson, who said he is one of the new owners, said they wanted to close on the property next week. He asked if they asked for 20 cars, would that be acceptable.
“I would respectfully suggest that a substantial increase is from two to 20,” said Mr. Hickey.
Mr. daSilva reiterated that he owned the property for 21 year and there was never a problem with parking.
“So it’s turned into more than what I expected,” said Mr. daSilva. “I could say a lot more but I won’t. But again, it’s just — it’s not right. It’s not right.”
In the end the board voted to continue the hearing and ask Mr. Hickey to coordinate with Planning Board to take up the matter at their meeting.
In another matter, the board supported a request by Erin Carr to create a gift account for the Phoenix Bike Trail with the money to be used for maintenance of the bike path, and specifically for clearing ice and snow. The money would be used to pay private companies for snow removal, with the Board of Public Works administering the details, such as inviting bids and choosing the company.
Using a private company would take the pressure off the BPW, which has the responsibility for clearing all the roads in town, and also has authority over the bike path. Ms. Carr gave her presentation to the BPW.
The next step is to write the rules of the account, which will include how the money can be spent, and who is authorized to spend it. It will then be voted on by the SB which has the autority to set up the account.
The board also authorized the Economic Development Committee to seek a grant to study the feasibility of creating housing on a town owned lot on Spring Street through a ground lease to a private developer.
A ground lease would allow the developer to use the property without the up-front costs of buying it. In addition to saving money on th property, it would be easier to get financing because they would be partnering with the town.
The rents in the apartments would be below market rate, but they would be available to anyone. The lower rates would allow renters to save to buy a house, or simply save on housing. They could also be available to moderate and low income people, but they would not be restricted that way.
The apartments would be for people who fall in between: They make too much to qualify for low income housing, but do not make enough to afford market rate rents.
EDC member, John Hinds, said he spoke to the Executive Director of the Fairhaven Housing Authority and staff about providing administrative support if the project is built. He said they were supportive, and it does not conflict with their mission.
The board voted to allow the EDC to pursue the grant.
In his report to the board, Mr. Hickey told the board that he and Assistant TA/Town Accountant, Anne Carreiro, will hold a question and answer session to discuss the three ballot questions on Tuesday, 5/19, at 6 p.m. in Town Hall. The public is invited to participate in person and via Zoom.
The town election is on 6/9. In addition to voting for candidates in all town-wide races and Town Meeting, voters will be asked to vote on three ballot questions: 1: to remove fire and police from Civil Service; 2: a Proposition 2 1/2 override; 3: to accept a town Charter.
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