By Beth David, Editor
The Fairhaven Select Board heard from several residents at its meeting on 11/9/26 during the public comment session regarding building projects on West Island that neighbors say violate either bylaws or state law.
Bob Pink told the board that the situation is creating a cloud on some titles/deeds.
At present, there are several houses being built on West Island (WI) that are on undersized lots. The lots are owned by the same person, which is generally against bylaws and Mass. General law, creating contiguous lots, or continuous lots. If the lots are owned by the same person, they cannot be split into to nonconforming (undersized) lots and then be cleared to build on.
Neighbors contend that Building Commissioner, Rick Forand, has issued building permits without the projects going to the Zoning Board of Appeals (ZBA), or the Conservation Commission (ConCom).
At a meeting with WI residents, Mr. Forand explained the process, saying he was the one to decide if a project needs to go in front of either of those boards or more, such as Board of Health.
Neighbors have no idea a project is happening until site work begins.
That decision removes the option or abutter notification of the project, Mr. Pink told the board. I also eliminates the expert review that ZBA and ConCom would provide.
Jim Vanburen gave specific examples of lots in common ownership on Cottonwood and Dogwood streets that now have two or even three foundations for new homes. None of the lots is large enough according to the bylaws, and none of the projects were subject to a public hearing in front of the ZBA.
“All I’m asking is that you take a look at it very carefully,” said Mr. Vanburen.
Mr. Pink also suggested that any project on West Island should always have to go to ConCom.
Patrick Carr, who is the chairperson of the ZBA, and is also on the Capital Planning Committee and the Public Safety Advisory Committee, all appointed boards; and is on the Planning Board, an elected position; told the board that the SB was not the appropriate place to discuss the issue. He said residents should have taken the issue to the ZBA.
“The Select Board has no jurisdiction over zoning,” said Mr. Carr.
Mr. Carr also said it was inappropriate to discuss anything about the building inspector without him there to defend himself.
David Coppes said he agreed that the matter should go to the ZBA so abutters could have been notified.
Later in the meeting, during the member items, SB member Natalie Mello suggested that they put the issue on a future agenda. She said although the ZBA may be the place for zoning, the SB can still get updated on commonly held lots.
Town Administrator, Keith Hickey, said there have been some concerns about town approved construction on lots that should be considered combined lots.
“So I’m happy to have that conversation,” he said.
The public comment period is a chance for members of the public to address the board without having to be on the agenda as an official item. Board members do not necessarily know who is going to speak or what they are going to talk about.
They also do not discuss or deliberate on those matters unless they happen to be on the agenda anyway. The Open Meeting Law requires the board to stick to matters on the agenda for deliberation or votes. They are allowed to hear the public comments and can then decide to place the subject on a future agenda.
DISCLOSURE: Editor Beth David, lives on West Island.
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