By Beth David, Editor
At its meeting on 9/9/24, the Fairhaven Select Board discussed a possible change to the 40R Smart Growth Overlay District (SGOD) bylaw that has been the subject of an ongoing public hearing with the Planning Board (see page 4). At the PB public hearing, the possibility of splitting the article in two in order to separate the waterfront district came up, with some board members suggesting the change.
Attorney Adam Costa was tasked with asking the state and the SB about the possibility of making the change. The application has already been submitted to the state’s Executive Office of Housing and Livable Communities (EOHLC) and includes the plazas (Walmart, Staples), with one set of standards; and the waterfront district, which has different standards and densities.
There has been some negative feedback from the community about including the waterfront district for a variety of reasons. Controversy also surrounds that district because PB members Patrick Carr and Ruy DaSilva both own property in the proposed district. Both have participated in the discussion, with Mr. Carr, as vice chair, even running a portion of the public hearing. Both of them and PB Chairperson Cathy Melanson have said they are allowed to discuss and deliberate, but not vote on the proposal. Despite repeated requests from the Neighb News, neither Mr. Carr nor Mr. DaSilva has provided any guidance from the State Ethics Commission to share with our readers.
Mr. Costa outlined for the board the procedure. The Planning Board is required to hold the public hearing and submit the bylaw, but the Select Board is the authority that places articles on the warrant. Fairhaven’s special Town Meeting is scheduled for November 19, so the schedule is tight, said Mr. Costa if there will be any changes.
Mr. Costa said he thought there was consensus among PB members to approve a 40R district, but here was some concern that the article would not pass as written.
He said they could have two articles. One would be the plazas district, with all the regulations. If that passed then TM would be asked to vote on a second article to add the waterfront district to the bylaws.
SB members asked if changing the bylaw at this stage would result in significant costs. Mr. Costa said it would only be a few hours of work.
The question he said, is if the state will be willing to allow the change, or if they will make the town start over, since EOHLC already has the application and has started its review.
“Let it ride the way it is,” said SB member Keith Silvia, adding that they have been working on it for many months. “If it fails, it fails.”
SB Chairperson Stasia Powers said she wanted to see the article move forward. She said TM can get overwhelmed if they make it too complicated.
SB member Andrew Romano said he was in favor of the project, but wanted to know how the PB members felt.
There was a little confusion as to what Mr. Costa was asking the board to do. Although they all seemed to be in favor of the SGOD, they were not willing to say they would approve whatever the PB decides. They wanted to see the article before deciding to agree to it.
PB Chairperson Cathy Melanson tl the SB that her board was not unanimous. She said the majority wanted it to stay as one article.
She also said there would be a precinct meeting on 10/1 for Town Meeting members to discuss the 40R article.
In the end the board did not have a formal vote.
The article will be presented to TM as one article.
In another matter, the board recognized the Thomas Livesey Memorial Club for its 75 years of supporting athletes. The volunteer-based nonprofit has been “instrumental in sponsoring teams for boys and girls in baseball, softball, hockey, basketball, and football, fostering a love for sports, teamwork, and healthy competition,” reads the proclamation.
The proclamation also recognizes the organizations participation in the Special Olympics, where members volunteer as chaperones. The group also provides scholarships to high school graduates.
“For three-quarters of a century, the Club has embodied the values of teamwork, generosity, and community, profoundly impacting countless lives through its efforts,” reads the proclamation.
The board extends is “deepest appreciation for its extraordinary contributions, service, and commitment to the youth and athletes of our community. May the Club continue to thrive and inspire for many more years to come.”
In another matter, the board discussed the flag/banner policy. At a previous meeting the plan was to make it a shorter time period for groups to request a banner or flag be hung on town hall. However, the change for the meeting increased the time to 60 days.
Mr. Romano said he thought that the idea was to make the town hall auditorium use and the banner policy the same, but the town hall use was only 45 days.
The reason for the long lead time is that the board only meets once a month in summer.
Mr. Romano made a motion to make the policy 45 days, but there was no second.
The board voted 4-1 to go with the recommendation of 60 days, with Mr. Romano voting “no.”
He asked for the town hall use policy to be on the next agenda.
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