By Beth David, Editor
At their meeting on 5/26/26, the Fairhaven Select Board denied the application by Ruy daSilva to expand his car dealership license from two cars to 40 at his business at 98 and 99 Middle Street. The hearing had been continued twice (see 4/30/26 and 5/14/26 issues).
Town Counsel weighed in twice, both times saying that the application could not be granted.
The final sticking point is the part of the zoning bylaw that states that a non-conforming use may not be expanded.
Mr. daSilva had sought to expand his car dealership from two cars to 40. The initial question was whether or not the expansion would be “substantially more detrimental” to the neighborhood,
Mr. daSilva has a tow license for one property and a car repair shop with a two-car used car dealership on the other. There was also some question about which property would have the cars and what would happen if the new owners sold them separately.
At the last meeting, the prospective new owners said they were flexible on the number of cars to expand to.
Town Administrator, Keith Hickey, noted that the property had sold since the last meeting, so there was some confusion as to who would be running the business. The new owners have applied for a license, he said, but it has not been granted yet. Mr. daSilva was supposed to be at the meeting on Monday, but he was not there.
Mr. Hickey said if Mr. daSilva could prove that he was still running the business, maybe with some sort of lease, then he could continue to advocate for the expanded use.
The board discussed possible votes with fewer cars, and what next steps would be. But it still all came back to the expanded non-conforming use being prohibited.
Mr. Hickey explained that the current non-conforming use is grandfathered in, so the next owners can still run the same kind of business. But the proposal is an expanded use.
SB member Andrew Saunders said he does not see how they can get over the preexisting non-conforming use.
In his letter to the board, Town Counsel, Michael Terry, cited Section 128.21 of the town bylaws that states “No increase in the area or extent of the nonconforming use of a structure or land may be made.”
In the end the board voted to deny the expansion.
In another matter, the board was set to vote on releasing the covenant on the G. Bourne Knowles property. The covenant was placed on the property when a different development was proposed in 2006. It limits development to 50 “upscale” condos with only two bedrooms. In 2013 the developer tried to change it to three bedrooms but was unsuccessful. That development proposal eventually fell through.
Now a developer is proposing a “Friendly 4B” development with 224 units. The covenant would have to be removed for that to happen. Both the Select Board and the Planning Board would have to vote to remove the covenant.
However, before it even came up for a vote, Conservation Commission chairperson, Brandon Estrella notified the board that the ConCom holds three Conservation Restrictions (CR) on the property.
In light of the new information, SB member, Andrew Romano, asked if they could table the matter until the next meeting.
Mr. Hickey said he did not think that was unreasonable, but he did tell the board that the developer has put a hold on moving forward with any plans until they hear from the board.
He said they do not want to invest any more money until they know where they stand with the Select Board.
Mr. Romano said he did not want to vote until he had time to digest the new information. He asked for a summary.
Conservation Agent, Kelly Camara, said the three CRs are marked, but the developer’s initial design does not clearly state where the buildings will go. She was not sure, she said, if the CRs will interfere with the proposed buildings, but the CRs do restrict a lot of areas that cannot be developed.
But where they can build “is limited,” said Ms. Camara.
The Conservation Commission holds the Conservation Restrictions.
The board voted to table the matter until the next meeting.
The board also received an update from the Historical Commission on their pursuit of grants for historical markers for the Rogers School, the Academy Building and the Old Stone Schoolhouse.
The Commission also replaced the sign at the Delano Cemetery (see page 7).
In other business the board:
• Appointed Stephen Silvia to the Council on Aging Board;
• Approved the use of town bathrooms, the closing of streets, and a one-day all alcohol license for the Belonging Committee for Fairhaven’s Got Pride on 6/28.
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Click here to download the 5/28/26 issue: 05-28-26 MemDay
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