By Beth David, Editor
The Fairhaven Select Board voted to authorize the submission of the 40R application to the state at its meeting on 6/24/24. The board finished up the hearing that was continued from 6/10, with members of the public and a couple of Planning Board members weighing in.
Not surprisingly, PB member Patrick Carr came out swinging, accusing the Neighb News of being “incredibly irresponsible” for reporting on the 6/10 last meeting, when it was revealed by the consultants that his property and that of fellow PB member Ruy DaSilva had been added back in as part of the waterfront neighborhood and that no explanation was given on why the waterfront was added back in or who added it.* At that meeting, Dillon Sussman of Dobson & Flinker did say that the waterfront was added back in because a 40B project was proposed for the neighborhood and town officials wanted to stop the 40B.*
Two PB members also submitted letters questioning the move and the reasoning behind it.
At this week’s meeting, Mr. Carr said the two PB members “jumped to conclusions” and they would be dealt with at the next PB meeting.
He said he wanted a retraction from the Neighb News because, he said, it was “proven” that night that the Neighb News article was “false.”
He said the accusations had a “snowball effect” and was damaging to the town and the 40R initiative.
Part of the presentation on 6/24 showed a clip of former Planning Director Paul DiGiuseppe explaining why they should put the waterfront area back in at a meeting in February. None of that was discussed at the 6/10 meeting.
At the 6/24 meeting it was revealed by several presenters that a 40B project had been presented by a developer for the waterfront district, although the developer was not named, and that adding the neighborhood to the 40R overlay district would stop that project.
Chapter 40B allows developers to skirt local zoning laws if they include a certain amount of affordable housing in their projects. The 40R overlay district would allow denser development and would have an affordable housing requirement.
Mr. Carr and Mr. DaSilva had asked about removing their properties from the district, according to SB member Keith Silvia and attorney Adam Costa, who is consulting for the town. Mr. Costa said he told them that doing that would be “spot zoning,” which is illegal. It had to be all the properties in the area or none.
Mr. Carr had a bit of a back and forth with Michelle Costen, who has been outspoken about the loss of affordable housing stock. She said the 40R language was confusing, and two members of the PB and Zoning Board of Appeals had conflicts of interest, although she did not name Mr. Carr and Mr. DaSilva.
She also said it seemed that only developers would benefit from the new zoning and not the average resident. She raised a concern that the housing would get bought up and rented out and would not be affordable or be sold as starter homes for young people.
Mr. Costa said no municipality can dictate that they want ownership vs. rental, people have a right to rent their properties if they want to.
At some point, Ms. Costen accused Mr. Carr of bullying her directly and left the meeting as they talked over each other.
Mr. Carr said, “You’re not feeling this,” adding he is feeling the results of the accusations as a business.
Several people spoke against the district, saying the language was too vague and the development allowed would change the character or “quaintness” of the town, or that they did not understand what it would do to the town.
Cindy Johnson said the 40R was an opportunity for the town to grow and prosper. She said it would make the neighborhoods “visually beautiful” and comfortable, will bring in business, improve the tax base, and give an opportunity for teachers and firefighters to have housing they can afford.
Erin Carr, who is Patrick Carr’s daughter, and works with him at his Middle Street business, said the project was “more of what we need in this town.”
She said the area could use a facelift.
Will Gardner, a well-known proponent of “dense” and walkable neighborhoods, and the chair of the Livable Streets Committee, spoke in favor of the district. He said it would get rid of the “sea” of parking spaces that are largely empty around the plazas.
John Hines, a member of the Economic Development Committee, said the 40R district would be an “overwhelming benefit to the town.”
SB member Andrew Romano said people need to remember that there are a lot of checks and balances written into the bylaw proposal.
SB member Andrew Saunders said the key would be to educate the public and Town Meeting so there would not be a repeat of the May TM when most of the PB bylaws changes did not pass.
Mr. Silvia noted that no one in the district will be forced to develop their properties.
SB Chairperson Stasia Powers defended herself, saying she felt she was a “frequent target” because she is the SB representative at the 40R meetings. She said she believed it would be discussed at a Select Board meeting so she did not think it was necessary to keep updating the board.
SB member Charles Murphy said he liked hearing that a percentage of housing would be affordable. He said he believed it was a project the town really needs and that there are safeguards in place.
In the end, the board voted unanimously to submit the application to the state.
The Planning Board will need to hold a public hearing and Town Meeting will have to approve the bylaw. Town officials have indicated they expect to have a fall Town Meeting.
In another matter, the board also discussed the process for hiring a new police chief, an item that was also discussed at the 6/10 meeting.
Town Administrator Angie Lopes Ellison had chosen Daniel Dorgan to replace Chief Michael Myers when he retires in August. Sgt. Matthew Botelho filed a complaint with the Civil Service Commission, which said the position was still in Civil Service and the process was not followed, so it has to be done over.
The board had discussed a variety of options with labor counsel John Clifford on 6/10. On 6/24, Ms. Ellison recommended creating a selection panel consisting of a standing police chief (not Fairhaven’s); a Select Board member; the Fairhaven School Superintendent; the Fairhaven Public Works Superintendent; the Town Administrator.
The TA is the appointing authority, but the SB has to approve the choice.
The panel will interview the three candidates from the top of the Civil Service list and recommend a candidate to the TA.
The SB appointed Andrew Saunders to be their representative on the panel. The board also decided, with agreement by Mr. Clifford, that the interviews will be recorded, but not released until after a decision is made.
Chief Myers is set to retire on 8/10.
The meeting is available on demand at FairhavenTV.com
*Corrects error from previous versions, an explanation was given.
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