An Opinion Piece* By Wayne Hayward, Planning Board Member (1991-2023)
Special to the Neighb News
Whether to approve/disapprove omnibus zoning amendments at the 2024 Fairhaven Town Meeting will be a quick and easy vote for me. I have co-authored many of the planning bylaws that helped set the course according to our Master Plan. There is always work to be done.
However, planning processes should involve lengthy study followed with vigorous public debate. Neither has occurred on this article. In fact, Article 20B is merely a list of personal grievances. Much time has been spent on discussions involving accessory dwelling units, Article 20A. Article 20 B will negatively impact our coastal waters, our remaining forests, our watershed and industrial property forever.
The proposed amendments are troubling in that they all represent unbridled growth to benefit some industries, while eventually fostering overall malaise to the general public on their property. The Planning Board should pass over the article for further study when they have a professional, zoning planner in Town Hall.
Solar Farms
In Article 20B, the Planning Board proposes to remove three words from the existing bylaw 198-29.6.G(8) Solar Photovoltaic Energy Facilities. “within five years” (referring to clear-cutting of trees).
The stated reason is “to not cut down one single tree”. Currently, the bylaw requires a ten-acre site which is predominately open space with allowances for minimal tree removal, as voted per plans. The Town of Fairhaven has sited many solar farms, with no significant tree loss. The solar business lease allows agricultural farming operations to continue, but with additional revenue for twenty-five years. This preserves the valuable rich soils for food and crop production for Fairhaven’s future. Flexibility in tree loss provisions allows for site by site adjustments.
If the Planning Board now proposes a ten-acre site AND prohibits the removal of a single tree, this severe permitting restriction will not be approved by the Office of the Attorney General, as the Commonwealth continues to promote increasing solar electric production. There would be few parcels in the town of Fairhaven which could meet this new requirement. Likely, the board could be causing a conflicting interpretation and installations on treed lots is allowed by new employees. This would subject New Boston Road and the Nasketucket River Basin District to deforestation of large parcels.
The current bylaw continues to protect the Nasketucket River Basin District, as much as practicable. The surrounding towns have been reacting to a proliferation of large-scale solar with voting temporary moratoriums in their watersheds. Those communities need amendments to their zoning bylaw, if they wish to restrict large scale tree loss. Fairhaven is served well by its current, existing language.
These photos show Round Cove on West Island, the cove on the north side of Causeway Road. These docks are in front of houses on Almond Street and depict a full buildout if every property had the right to a dock. Photos from NOAA Coastal Ocean Program Decision Analysis Series No. 25 (page 16), “Visual Impact Assessment of Small Docks & Piers: Theory and Practice,” Sept. 2005.
Docks and Piers
At the May 07, 2005 Fairhaven Town Meeting, members approved zoning measures which would require a zoning permit to install a dock or pier. This was to address NOAA and Coastal Zone Management concerns. In addition to required environmental and building permits, advice was given that a proper zoning analysis of each proposed dock should take place in the future. The hope being that further oversight would prevent the improper build-out density. A zoning “use” permit was required by Zoning Board of Appeals on residential lots or Planning Board on apartment and business lots.
On May 04, 2024 the Fairhaven Planning Board places Article 20B on the warrant. This will take us back to prior 2005 and allow every undersized, nonconforming lot to have a dock. The result could be Sconticut Neck, Wilbur’s Point and West Island will resemble the “NOAA Visual Impact Photographs”. The current language requiring a zoning permit is being stripped from the bylaw. Docks are proposed to be allowed by right and will not trigger additional zoning approval. In each and every instance, it will be allowable under zoning with the 60 foot frontage lots, as long as a 25 foot setback is provided.
There is no zoning permit. There is no appeal. You will not be notified as the 20-day appeal period will not apply. West Island and Sconticut Neck will assuredly be overrun with docks in the future.
See https://repository.library.noaa.gov/view/noaa/2077/noaa_2077_DS1.pdf? page 16 for the dock buildout visual of Round Cove on West Island by NOAA.
Shipping containers, such as these, will be allowed in more locations in Fairhaven “by-right” if the bylaw changes are passed at the Annual Town Meeting on 5/4/24. Photo by Wayne Hayward.
Shipping Containers and Storage Units by Right
The Planning Board places Article 20B on the warrant. This proposed bylaw creates two, new proposed uses.
1. Shipping Containers.
2. Storage Units
The first use is proposed to be listed in the Use-Regulation Schedule as “Shipping Containers” with the “use” allowed by right in the Industrial District. As when providing for listed principal uses such as a Gas Station, Retail Store, Restaurant, Apartment Building, etc., in their respective districts and by right or only by Special Permit, this new principal use of “Shipping Container” would be given the same rights. Currently in the Industrial District, many businesses utilize shipping containers as an accessory-use-only. These are used for tool storage, materials, etc. Creating this brand new “use” would provide for the Shipping Containers to be placed on an empty lot, by themselves as the sole principal structure and use. The height allowed under the Industrial District is up to forty (40) feet and this would allow shipping containers to be stacked, one on top the other. Sycamore Street, Howland Road, River Avenue, River Street, Middle Street, and Fort Street. are Industrial locations. Alden Roadd, Bridge Street and Mill Road are also Industrial locations.
The second use will allow Storage Units in the Business and Industrial Districts in the Town of Fairhaven. Only one Business District classification currently exists, with no other sub-classifications. This means they could be placed town-wide, in any retail location. No definition of “Storage Units” is provided. This could allow for “Shipping Containers’ to be installed as “Storage Units”. No additional Zoning Bylaw language for either “use” is being offered in this article, which would provide some specifics to public safety and design requirements.
Change to Planning Board Election Cycle
Chapter 65 Planning Board.
The Planning Board proposes to change from: 8 members, 4 year term, 2 seats per each election every year
To: 8 members, 3 year term, 2 seats followed by 4 seats as below.
From: 2,2,2,2,2,2,2,2,2,2, etc.
To: 2,2,2,4,2,2,4,2,2,4, etc.
The current language requires “Two members shall be elected at each annual town election”.
This change would allow four member seats to be on the ballot in a single election, every third year. This change is opposed to proper staggering of seats on boards and could allow for nefarious purposes in the future.
EDITOR’S NOTE: The Town Meeting warrant with the full language of the proposed changes is available on the Town Moderator’s page of the town website at https://www.fairhaven-ma.gov/town-moderator/pages/annual-town-meeting-information
* Change to clarify that this is an opinion piece
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