By Beth David, Editor
The Fairhaven Conservation Committee had a full agenda on 8/31/26, ending with mostly continued hearings and petitions.
At the end of the meeting, board members expressed a desire to be part of the selection process for a new Conservation Agent. Kelly Camara attended the meeting, but has given her notice. In a follow-up phone interview, she said she has been hired by the Buzzards Bay Coalition in a newly created position that provides support to several programs.
The most discussed petition of the night was a request for a certificate of compliance fo 162 Main Street, which had a dock built a few years ago. David Davignon, of Schneider, Davignon, and Leone represented the owners. He said they wanted to close out the old permit and would be submitting a plan to add a boat launch at the end of the pier.
Several abutters, some represented by Attorney Nicholas Gomes, objected, saying that the pier was not built in the right place.
Mr. Davignon said his site survey showed the pier is shorter by less than a foot, and is 4 1/2 feet closer to the property line than it should be. The setback is 25 feet.
The project as built is not what was permitted in size and scope, said Mr. Gomes.
The abutters, Mr. Gomes, and Mr. Davignon went back and forth with the details of where and how the project went awry. Mr. Davignon got a bit testy saying his reputation was on the line with some of the comments being made. He said he did not have anything to do with the building of the pier.
The neighbors said they did not want to see anything added to the pier. Some of the issues fall under the purview of the Zoning Board of Appeals.
In the end the ConCom voted to continue the request until the 10/26 meeting to give the petitioners time to go to the ZBA.
The board also continued a Determination of Applicability for 7 Windward Way to construct a 20’x20’ garage. Ower Earl Maxfield said garage is not in the flood zone.
Ms. Camara explained that the property is in the flood zone, so the statute is triggered and the project has to comply with the regulations.
There was also some discussion and question as to how the garage would be built, and if it would put the overall lot coverage over the 30% maximum allowed in town.
Abutter Eric Braitmayer said he believed the garage would violate the Homeowner Association’s rules. The board largely agreed that the ConCom should not get involved in HOA rules.
In the end the board voted to approve the plan on the condition that the building commissioner review the concerns, including lot coverage.
The ConCom also approved an Amended Order of Conditions for Robert & Joyce Cummings on Starboard Drive to change the leaching field and type of septic system. Mr. Davignon said the new system is smaller and would reduce the impact of the septic system.
At the end of the meeting, ConCom chairperson, Brandon Estrella, said he was accused of planning to carry a firearm into the building. He did not name anyone, but said it came from “This commission to a select person.”
“And I think it should be known that I do not own a pistol,” said Mr. Estrella, adding that it was “extremely dangerous business” to accuse someone of that.
He continued rather cryptically, saying he believed it was because there are “community questions regarding some things, and those community questions are being allowed to be asked.”
He said more would be discussed at the next meeting.
“Once again,” he said. “I am not a violent individual and I would choose not to be painted as one. I’m an educator, and that is my integrity, and that’s all I have.”
He asked everyone on “every commission to treat people a little better because we are a community, and at the end of the day, we’re all we’ve got.”
The board also continued or tabled several matters involving: 184 Balsam St.; 162 Main St.; 5 Lafayette St.
In other business, the ConCom: closed out several certificates of compliance on projects that never happened at 51 Cedar St., 67 Middle St., and 1 Smuggler’s Road; approved a utility shed at 51 & 0 Cottonwood St.; received information, but did not vote on two properties with open violations or cease & desist orders, including Mill Road 39-036 (Frye); 0 Huttleston Ave.; issued a second fine for violations at 364 Huttleston Ave. (Reyes/Santos);
The meeting is available on demand at FairhavenTV.com
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