By Beth David, Editor
Fairhaven Planning Board member Patrick Carr owns Seaspray Container Company, which supplies shipping and storage containers to businesses and residences. The PB has presented a series of bylaws changes, including one pertaining to shipping containers.
In response to an email asking Mr. Carr if there was a possible conflict of interest, attorney Gregory J. Koldys of Koldys & Kelleher, responded by email saying that, “Mr. Carr takes his ethical obligations very seriously.”
In the letter, Mr. Koldys says that his “understanding” is that the PB changes only add a definition of “shipping containers” to the bylaw. He says the proposed change was to “limit the use of shipping containers, as defined, to industrial zones.”
However, the Use Regulation Schedule included for 198-16 in Article 20 adds three areas not previously included in Fairhaven’s bylaws: Health care including medical, dental offices and clinics; Shipping Containers; Storage Units. In that use schedule, Shipping Containers are allowed in industrial zones, which are in a variety of areas all around Fairhaven. In that same graphic, Storage Units are allowed in both business and industrial zones.
Currently, neither one of the uses is allowed in Fairhaven’s zoning bylaws. The units that are currently in a few places in town are there as an accessory use to existing businesses.
In addition, the definition in the bylaw is: “‘Shipping container’ means a unit originally used for the transport, shipping, or hauling of materials or goods by land, sea, or air; capable of being moved or mounted by rail, truck, or boat. This definition includes steel sea or oceangoing containers marked with the American Bureau of Shipping’s emblem or meeting the International Standard Organization’s standards which can be detached from a trailer, chassis or frame, and which were formerly used for transporting sea or oceangoing cargo. This definition includes the terms ‘portable moving/ storage unit/container/pod’ and ‘cargo/oceangoing/transport container.[’] In addition, this definition applies to any structure designed to imitate the look of a shipping container.”
According to that definition, “storage unit” is included; and, according to the bylaw, storage units are allowed in business as well as industrial zones. It is unclear if this means that both will be allowed in both zones.
These changes seem to clearly add “Shipping Containers” and “Storage Units,” as new uses, because they were not included in the code before. Here is the link to the current uses: https://ecode360.com/10399656#10399673 (scroll down to “Industrial Uses”)
Yet, there are conflicting interpretations of the article, with PB chairperson, Cathy Melanson, writing in this week’s issue (see page 11) that only a definition of Storage Containers is being added; and former PB member Wayne Hayward insisting in an op-ed two weeks ago that the use is a new one (see 4/18/24 issue, “Fairhaven has an easy choice”).
In any case, Mr. Koldys writes that he believes Mr. Carr has a right to participate in the deliberations.
“My understanding is that there is an exemption under Chapter 268A which provides that a person could act as a planning board member on a determination of ‘general policy’ which affects a substantial segment of the community’s population the same way. I believe that exemption would apply to these circumstances,” writes Mr. Koldys.
He also notes that Mr. Carr has contacted the State Ethics Commission.
“Finally, I trust that you will not gratuitously publish allegations or imply that Mr. Carr violated any conflict of interest obligations,” writes Mr. Koldys in conclusion.
The letter, in its entirety, is available below, and on our website: www.neighbnews.com (under archives, 2024, 5/2/24 issue).
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Click here to download the 05-02-24 issue: 05-02-24 JrTreeWardens
Click here to download Patrick Carr’s response letter: CarrResponseSeaspray
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