By Beth David, Editor
Patrick Carr and Andrew Romano were again on opposite sides of an issue at the Select Board meeting on 12/4/23. Mr. Romano represented the North Fairhaven Improvement Association asking for leniency over a shed that was built on the town property that the organization uses in Benoit Square. The NFIA did not get permission from the town. They got a permit for the electrical work, but did not get a permit for the shed itself.
Mr. Romano told the board that they got incomplete information, but it was unclear if it was from a member’s mistake, or an error by the previous building commissioner.
Current Building Commissioner Randy Bassett told the board that they could have the shed removed, or they could fine the group. He said under normal circumstances at a residence, it would be a $100 fine, but because the town is the owner of the property, it is more complicated.
SB Chair Leon Correy said it was “part of the ongoing culture” in Fairhaven for some organizations to get away these kinds of actions.
Town Administrator Angie Lopes Ellison noted that two parking spaces were lost due to the shed. She said Town Counsel needs to work with the board and the nonprofits that seem to think they have rights to municipal property.
Mr. Romano said it was a grassy area and was not used for parking
Mr. Correy told Mr. Romano it was not personal, and he asked for a motion to remove the shed from the property.
SB member Keith Silvia made the motion, but there was no second.
“Okay,” said Mr. Correy. “I’m not surprised.”
Discussion revolved around parking, the lack of following proper procedure, and the historical status of the property.
Mr. Carr said it had nothing to do with what the NFIA stands for.
“It’s procedure,” he said, adding there is a “whole list” of things that need to be done before a shed can be built. “This is town property and historical property.”
He said anyone knows they need to go before the board.
“This isn’t like, oops,” said Mr. Carr, adding they knew what they were doing, decided to put the shed there and then ask for forgiveness.
He said if anybody else in town did it, they would be instructed to take the shed down.
“This needs to be corrected,” said Mr. Carr.
Brian Messer said he believed the building is used by the Fire Department in emergencies, and asked if the fire chief had been consulted.
The board discussed some details around the parking in that spot. Mr. Romano said they still have four spots behind the building; the but the side was not used for parking.
Ms. Ellison also asked who owns the shed? If it is on private property, there is no question. So is it a town shed that the NFIA can use?
“They should pay us,” said Mr. Correy.
“That can be part of it,” said Ms. Powers, noting that it was a grassy area, not parking and not accessible from the street.
Mr. Silvia said the spots were there and now they are not.
Mr. Correy said it bothered him that the target moves a lot based on personal preference.
Mr. Romano said they got bad information. They thought they had followed procedure.
SB member Bob Espindola agreed with the procedure argument, but said he did not see a problem with the project itself. He said maybe they can work out some sort of lease agreement.
SB member Stasia Powers said she felt they NFIA had done some “self reflection,” and the town is going to look at its processes, too. She said she was disappointed they were put in the situation, but the NFIA does great work for the community, so if they can work out something to keep it from happening again, they should.
Mr. Correy said that Mr. Bassett was talking about a situation of building on their own property, but if a resident had “crossed the line” and built on their neighbor’s property, it would be different.
“This is not their property,” said Mr. Correy. “It’s on our property.”
“In this town, it’s always easier to ask forgiveness,” said Mr. Silvia.
Ms. Powers added that they should have a lease negotiated that includes clarity on who owns the shed.
“We were never under the impression that we owned the shed,” said Mr. Romano.
Ann Richard asked if there was a complaint and if it was a direct neighbor, wondering why it has come up now. Ms. Ellison said they do not disclose complaints.
The shed has been in place since early summer.
“One thing I think the board is forgetting,” reiterated Mr. Carr. “This is historical property.”
He said there are processes to go through that include the state, when building on historical properties. He said he did not understand how it could be allowed to happen.
In the end Mr. Espindola made a motion to alow the shed to remain in place and to fine the NFIA $100, if the Fire Chief is okay with the shed remaining there, and the town does research on the historical requirements. Ms. Powers seconded the motion. The vote was 3–2, with Mr. Correy and Mr.Silvia voting “no.”
The board also voted to keep the tax rate shift at 1.75%, which means that commercial properties and businesses pay more than residential homeowners. The new tax rates are $9.23 for residential; $18.37 for businesses. Last year’s tax rates were $9.95 and 18.78. But with the increase in property values, the average homeowner will still see an increase. The rate is per thousand of value. For example, if a house is assessed at $300,000 the total taxes would be $2,769 (300 x $9.23).
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Click here to download the 12/7/23 issue: 12-07-23 FHSSuperBowl
Click here to download Leon Correy’s 10/28/23 post: LeonFBPost_10-28-23
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