By Beth David, Editor
The Chairperson of the Fairhaven Planning Board, Diane Tomassetti, resigned from the board, on Monday, 10/20/25. The Neighb News was not able to get a copy of her resignation letter, which, according to sources, cites the negativity she has faced since confusion has arisen about the Timothy Street and Hiller Avenue Subdivision Project.
On 9/23/25 the PB held a five minute meeting that was cut short because four members walked out, accusing Ms. Tomassetti of refusing to have town counsel present (see 9/25/25 issue). Ms Tomassetti denied that claim, saying she was not asked to have TC present.
The subdivision, which is a duplicate of a project that had been denied and held up in court, is going forward because it was not acted on by the PB. A “Constructive Approval” was granted because the town did not act within 135 days. The project has a new entity name, Windmill Acres, LLC, but is still owned by Robert Roderiques.
On 10/14/25 the board met again with the subdivision on the agenda for a Question & Answer period, explicitly stating it was not a public hearing. Bob Espindola submitted 15 questions from abutters.
Hugh “Bruce’ Webb, Director of Land Use and Planning, was tasked with answering the questions. PB members were not supposed to respond.
During the lengthy Q&A, Mr. Webb was under fire for allowing the plans to sit for 155 days (135 plus 20 for appeal) which allowed the “constructive approval” to be issued.
Mr. Webb said he was not in on 3/24/25 when the plans were submitted. PB member Patrick Carr admitted he knew about the plans, even reading from an email in which he acknowledges the 135 days.
Mr. Carr was the Vice chair of the board in March, Cathy Melanson was the chair. Mr. Carr was acting chair after the election at least through May. Both were aware of the plans being submitted and attended at least two meetings when they were discussed. However, no one submitted the plans to the PB for review and a public hearing process.
“I find what happened here to be very odd,” said Wayne Hayward a long time former chair of the PB. “Legally, very odd.”
Abutter Susan Powers said that Ms. Tomassetti lied at the 9/23 meeting about whether or not Town Counsel was requested.
Town Counsel, Heather White, said she watched the meeting and did not find Ms. Tomassetti to be “untruthful.”
Residents argued the point.
Ms. Powers also pointedly asked what the abutters are supposed to do. She held up pages and pages of concerns and asked if they are “just thrown to the wayside because you’re incompetent and didn’t do your job?”
Residents wanted answers on how it was possible that the project did not get in front of the board.
Mr. Carr said the Planning Director (Mr. Webb) should have submitted the plan to the board, saying it would look like bias if a board member submitted a plan for a developer.
Mr. Webb however, said all applications submitted to the planning department are made available to the PB chair who then puts them on an agenda.
“That is how every single application that has come through my office has been handled since I was planning director,” said Mr. Webb.
Mr. Carr insisted they never made any secrets about it and read from the May email to “clear my name of this.”
He was stopped at some point by Ms. Tomassetti with someone saying the meeting was “way off the rails,” and Ms Tomassetti repeating it.
“Your name is not being destroyed here,” said Mr. Carr. “Mine is.”
During the Q&A Mr. Webb was unable to answer a number of questions, saying he simply did not know, or he could not answer because of pending litigation. It is unclear if the litigation is a about the old plan that is still in the courts, or if there is new litigation or a threat of new litigation.
The old plan was denied unanimously by the PB Mr Roderiques appealed in Superior Court and the PB decision was upheld. Mr. Roderiques appealed that decision and the appeals court upheld the PB decision again. Mr. Roderiques then appealed to the Mass. Supreme Judicial Court, where it is now under review.
The board had met in executive session to discuss the matter before the Q&A and decided to make a motion in open session.
The board voted 6-2 to hold a public hearing to consider whether to modify, rescind, or take other action on the constructive approval. Board members Patrick Carr and Ruy DaSilva voted “no.”
The town has refused the Neighb News records request for Ms. Tomassetti’s resignation letter. The town is claiming that the letter is a personnel record and is exempt from disclosure.
Because Ms. Tomassetti is a member of a public board, and an elected official, the Neighb News disputes this claim and will be filing an appeal.
Mr. Webb also verbally gave his notice, according to Town Administrator, Keith Hickey. He said a last day had not been set for Mr. Webb.
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