By Beth David, Editor
The Fairhaven Select Board reorganized on 4/14/25, its first meeting after the election. Charles K. Murphy Sr., was chosen to be chairperson; Andrew Romano is Vice Chair; new member, Natalie Mello, is Clerk.
The board heard again from Planning Board member and Zoning Board of Appeals (ZBA) Chairperson, Patrick Carr, asking the board to allow him to participate in proceedings involving the School Committee and the ZBA. The two are involved in a lawsuit over the ZBA’s revoking a building permit for a storage shed on the grounds of Fairhaven High School. Mr. Carr co-owns Seaspray Container Company with his daughter, Erin Carr, and the school rents two containers from Seaspray that are located at FHS, and would no longer be needed if the storage shed is built.
At its 1/7/25 meeting, the ZBA revoked the permit for the shed after receiving a petition from abutters.
The Neighb News has learned that SB member and vocal Patrick Carr supporter, Keith Silvia, solicited signatures for that petition from abutters.
When asked about it by the Neighb News, Mr. Silvia did not deny his participation, saying that the originator of the petition had difficulty walking and so she asked him to help her get signatures. Mr. Silvia also said he did not see how it was a conflict to participate in gathering signatures for a petition on a subject that the SB has been involved in and will continue to weigh in on. He said it did not mean he had already made up his mind.
Mr. Carr was not able to participate in the 1/7 ZBA meeting, although he did speak as a private citizen (see 1/9/25 issue), because the Select Board, at its 12/30/24 meeting, had refused his request for an exemption so he could run the ZBA meeting a (see 1/9/25 issue). That request failed because SB member Andrew Saunders recused himself due to a financial relationship with Mr. Carr, leaving four members to vote, The vote ended in a 2-2 tie. Board members Keith Silvia and Mr. Murphy voted to allow the exemption; Mr. Romano and Stasia Powers voted against. A tie vote is a failed vote.
This time around, the same scenario played out, with Mr. Silvia and Mr. Murphy voting in favor of Mr. Carr, and Mr. Romano and Ms. Mello voting against.
Ms. Mello asked if there was some reason it was being put forward to the board a second time.
Mr. Carr said he reached out to the State Ethics Commission (EC) again and asked for more guidance and to get more documentation from them. He said he told them that the board’s discussion had centered around the creation of a precedent if the board let him participate in the meeting.
He said he felt that was not a valid reason to deny him.
Mr. Romano reiterated much of what he said at the December meeting, that there are Associate members on the ZBA who are capable of handling the meetings. He also asked if there was a meeting or hearing that the School Department was expected to be at with the ZBA.
According to the statutes, the SB can exempt an individual from recusing himself if the Conflict of Interest (COI) “is not so substantial as to be deemed likely to affect the integrity of the services the municipality may expect from the employee.”
In the materials provided by Mr. Carr to the board that came from the EC, attorney Christopher Popov said there is nothing in the law creating a “binding precedent” and each matter should taken on a case-by-case basis.
In his disclosure* Mr. Carr states that the $198/month is less than 2% of Seaspray’s gross annual rental sales.
At the meeting this week, Erin Carr told the board that the containers are leased to the school at the old rate, and that Mr. Carr donated the services of his primary company, A#1 Crane, to deliver the containers, which saved the school department $500.
She told the board that the company would make more money if they rented the containers to another customer because they would get more for the monthly rental, and Mr. Carr would also make money on moving the containers. Ms. Carr also said she had offered to donate the containers because of her connection to FHS as a graduate, but the EC told her that would also be a violation.
She said it totaled up to a $1,500 donation, demonstrating that Mr. Carr’s motives are not financially driven. She said if the shed is finished she would “happily remove” the containers; if not they are happy to keep them there.
“It makes no difference to us,” said Ms. Carr.
Mr. Romano questioned why they were being asked to grant the exemption if the school department was not scheduled to appear before the ZBA.
The board also briefly noted that there is litigation involving the shed and Mr. Carr, but did not elaborate due to the matter being relegated to executive session.
Mr. Romano asked Mr. Carr what he was hoping to do if not set a meeting date, and why he felt other board members could not handle the situation.
“I’m not here to talk about other board members,” said Mr. Carr, and what they are capable of.
The discussion veered off into what would happen if a different issue came up with the school department and how it may or may not be a conflict.
Mr. Romano reiterated, if there is no meeting, what are they voting for.
Mr. Carr said the town needed to start “healing.”
“We need to start communicating in town,” he said, adding that the reason it is not happening is because he is not allowed to speak on it.
Ms. Mello noted that almost $2400 a year might seem substantial to some people.
Mr. Silvia noted that Mr. Carr is only one vote on the board.
In a somewhat related matter, the board also announced the resignation of Amy Goyer from the ZBA.
Ms. Goyer, who was the only ZBA member to vote against the repeal of the shed permit, has been a target of Mr. Carr and Mr. daSilva (see 2/6/25 issue) for months. They have accused her of Open Meeting Law violations, and have openly chastised her during board meetings. In her resignation letter, dated 3/31/25, Ms. Goyer, a practicing attorney, cites the “abhorrent treatment” she has received while on the ZBA, including an attempt to discredit her at work.
She cites a litany of harassing behavior, including the improper use of executive sessions.
“For months now, I have been called names, accused of non-existent ethical violations, yelled at, harassed, called into public meetings to defend myself, and libeled. For what? For volunteering on a town board,” writes Ms. Goyer. “This behavior is shocking to the conscience and I can no longer live with the level of stress it has caused me.”
In another matter, the board agreed to the makeup of the new Public Safety Complex Committee. Fire Chief Todd Correia, and Police Chief Daniel Dorgan, addressed the board with a recommendation for a 13 member committee that would include four citizens at large and one member of the SB.
However, both Mr. Silvia and Mr. Saunders said they wanted to be on that committee, so the board changed the recommendation. The committee will include: Fire Chief, Police Chief, one fire Labor representative, one police Labor representative, two SB members, two Finance Committee members, three citizens at large, one Building Department representative, one Planning/ Conservation representative.
Fairhaven residents who want to be considered for a seat on the committee should apply through the town’s website volunteer application page: https://fairhaven-ma.gov/ volunteer-opportunities/
The board also held off again on a request by the Buzzards Bay Coalition for the Fairhaven Conservation Commission to hold a conservation restriction on a Sconticut Neck Road property. There is still some confusion on which parts of the property will be protected, and which parts will allow the BBC to develop or sell for development.
SB member Andrew Saunders said he had more questions, so the board postponed the decision to at least the next meeting.
In other business the board:
• Approved a one day liquor license for the Full Bloom Festival at Cushman Park on 6/29 (rain date 7/13);
• Approved the closing of Cherry Street on Sunday, 5/4, for the annual Cherry Blossom Festival sponsored by the Whitfield-Manjiro Friendship Society and museum;
• Approved a request for the Tour De Creme bike ride to go through Fairhaven with accompanying signs and road markings, on Sunday, 6/1;
• Approved a motorcycle run to benefit ALS research that will begin and end at Waring/Sullivan Fairlawn Funeral Home, Sunday, 6/22 (rain date 6/29)
• Approved use of the town hall and the front of town hall for the Fairhaven Improvement Association’s summer concerts on 7/10, 7/17, 7/24, 7/31, 8/7.
The board also convened in executive session for two items: to discuss litigation of the School Committee vs. Fairhaven ZBA; and to discuss “anticipated litigation” by Patrick Carr and Ruy daSilva.
Mr. Saunders said he would recuse himself from all discussions pertaining to Mr. Carr, and Mr. Murphy said he would recuse himself from all discussions pertaining to Mr. daSilva.
*The COI document is available at the link below.
•••
Click here to download the 4/17/25 issue: 04-17-25 FlashlightEggHunt
Click here to download Patrick Carr’s COI document: PatricCarrCOI_4-14-25
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