By Beth David, Editor
The Fairhaven Select Board opted for new blood at its meeting on 5/12/25 when choosing to fill a vacancy on the Zoning Board of Appeals (ZBA). The vacancy was created when Amy Goyer resigned, citing a campaign of “libel and harassment” by Chairperson, Patrick Carr, and Vice Chair, Ruy daSilva (see 4/17/25 issue). The ZBA also had been scheduled to hold a meeting to discipline Ms. Goyer and to ask the Select Board to remove her from the ZBA and appoint Kenneth Kendall, who had not been reappointed months earlier (see 2/6/25 issue).
At the 5/12 meeting, the board had three applicants: Mr. Kendall, Cathy Melanson, Geoffrey Sullivan. Ms. Melanson was on the Planning Board for eight years, but was not re-elected in April. She is on the Economic Development Committee, and has served on a variety of boards and committees over the years.
Mr. Sullivan served on the Bikeway Committee (currently the Livable Streets Committee).
Mr. Kendall told the board that he was on the ZBA for 18 years and thought he would be reappointed, but the board had another idea. He said he knows about building, lived in Fairhaven his whole life. He said he was always fair to residents when he was on the board and did not miss many meetings.
SB member Andrew Romano corrected Mr. Kendall, noting that he was not removed from the board, he resigned when he was offered the associate position instead of the full time position.
Mr. Romano asked him the same question he asked all three candidates: Would they follow the law, take the training; and did they know the five requirements to grant a variance.
SB member Keith Silvia said he was on the ZBA, and Mr. Kendall always stuck to what the law stated.
“I think he’s a good person to put back in there,” said Mr. Silvia, adding that how he was taken off the board was wrong.
Mr. Silvia said if a person has been on a board for a lot of years, they should be reappointed automatically.
Mr. Kendall was not able to name the five requirements for a variance, saying the former Town Administrator came up with the list for a training held for ZBA members.
Mr. Romano noted that Mass. state law had not changed.
Mr. Kendall said in 18 years they never had a list.
“That’s my point,” said Mr. Romano.
Ms. Melanson touted her time on the Planning Board, saying she is very dedicated.
SB member Natalie Mello asked Ms. Melanson about her comment on election night that she was looking forward to spending more time with her grandchildren.
Ms. Melanson assured the board that she would continue to do that, but the meetings are at night, when the grandchildren are home with their parents.
Answering Mr. Romano’s question, Ms. Melanson said the criteria are “convoluted.”
Mr. Sullivan told the board he is a property owner for 20 years in Fairhaven.
“I feel like I owe a lot to Fairhaven,” said Mr Sullivan, adding he wants to give something back.
He told the board he was a technician in the TV business for 34 years and is now retired. He said he is not involved in social media, has no business connections.
“I feel like I’m pretty neutral,” said Mr. Sullivan, adding he can give a new perspective to the ZBA.
He said he would learn about the criteria and other regulations.
Mr. Silvia said he thought Mr. Sullivan would be good, but he had no experience and it was a full time voting position, so it should be someone with some knowledge.
Brian Monroe joined remotely to “caution” the board on voting on anyone previously on the board because of and Open Meeting Law violation against the ZBA.
Mr. Romano said he wondered if any of the Associate Members knew about the opening and suggested they should table it until the next meeting.
Ms. Melanson, however, took issue with that, saying the three candidates were there.
SB Chair Charlie Murphy motioned for Ms. Melanson, but there was no second.
Mr. Silvia motioned for Mr. Kendall but the vote failed 2-2-1, with Mr. Murphy not voting, Mr. Silvia and Andrew Sanders in favor, and Mr. Romano and Ms. Mello against.
Mr. Murphy said he was concerned about the alleged OML complaint.
Ms. Melanson said that had nothing to do with the vote on hand. She asked Mr. Murphy if he would vote for Mr. Kendall if she withdrew her name.
Mr. Monroe chimed again saying the idea that any board member should serve in perpetuity is “ridiculous.”
Mr. Murphy said he wanted to get the information about the OML complaint before voting and suggested they postpone the vote.
Ms. Mello made the motion to appoint Mr. Sullivan, seconded by Mr. Romano. They were joined by Andrew Saunders. Mr. Silvia voted “no,” and Mr. Murphy abstained.
After the vote Mr. Carr addressed the board asking them to rescind their vote. He said Mr. Sullivan was “green” and they were taking someone “off the street who doesn’t know anything” instead of appointing an experienced person.
He and Mr. Romano got into a back-and-forth for a bit, with Mr. Carr saying he was there to speak in favor of Mr. Kendall.
Mr. Romano said that Mr. Carr could have spoken up during the discussion, but because he did not get the result he wanted, he wants the vote changed. Mr. Romano said it was a “constant” on the board to hear from Mr. Carr that way.
They rehashed a couple of old beefs from last year, and Mr. Carr reiterated that he felt Mr. Kendall was taken off the board “wrongfully.”
Mr. Carr also said they never talked about the five criteria for a variance. He said that hardship is not a criterion, that hardship is a “given” with the ZBA.
After ascertaining that only a board member who voted “yes” can vote to rescind or reconsider the vote, Mr. Murphy asked if anyone wanted to. There were no takers.
He encouraged Mr. Carr to take Mr. Sullivan under his wing and help him get up to speed.
In another matter, the board announced that they do not have the authority to shut down the Wind Turbines, as discussed at the last meeting. The Board of Health does have that authority and is holding a public hearing on June 4.
Resident John Methia said the neighbors just wanted to know that the board was taking no action that night. He also said there is a company that is interested in meeting with the board about possible replacing the WTs with solar. The board said they would be interested in meeting with the company if they can do it without clear cutting trees.
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