By Beth David, Editor
Fairhaven Town Meeting members will be asked to vote on 16 articles at a Special Town Meeting on Tuesday, 11/19, including a variety of zoning changes proposed by the Planning Board.
Article 1 would created a 40R Smart Growth Overlay District (SGOD) on 88.35 acres in three parts of town. The plazas district would include the area near Walmart and the area near Staples/Ocean State Job Lot. The new zoning would allow for denser residential units, and allow mixed use, so that a commercial property could be on the street level, and apartments or condominiums could be on top.
The plans call for three to five stories depending on which area.
The state has been pushing the creation of denser zoning due to the housing shortage, so they have loosened the requirements for zoning changes. It will only take a simple majority vote at TM, not 2/3, for the 40R district to pass.
There has been stiff opposition to including the water front area (see related opinion pieces on pages 14 and 22-23).
Two board members, Patrick Carr and Ruy daSilva, own property in the waterfront district, which was not recommended for inclusion by the citizen working group, but added back in by staff months later.
The two, at first insisted they had no conflict, telling the public in open meetings to call the Ethics Commission. Then, the two said they would deliberate but not vote. Then they mysteriously, with no explanation, did not vote on the final recommendation at the end of the pubilc hearings.
At that meeting on 10/28, six of the eight members voted, with Cathy Melanson, Sharon Simmons, Diane Tomassetti, and Rick Trapilo voting yes, and Jessica Fidalgo and Kevin Grant voting “no.”
Ms Melanson announced that the board voted to recommend the article. The Neighb News questioned the decision, contending that a 4-2-2- vote of an eight member board was not a passing vote, sending an email to five town officials.
The Planning Board released a statement saying it was a passing vote, but did not answer the email.
“A quorum of the Board is required in order to take any action, and a majority of that quorum is needed in order to take favorable action. Therefore, this was a valid vote to recommend adoption of the amendment,” reads the statement in part.
The Neighb News pointed out that the Zoning Board of Appeals must always have the same number of positive votes regardless of how many members are present.
Select Board Chairperson Stasia Powers answered the Neighb News and said that the statement was created by staff with the advice of Town Counsel.
When asked about the ZBA, Ms. Powers responded: “he rules you are referencing are rules about permitting votes, this was not a permitting vote which would have been subject to those specific statutory rules, the vote on 40R was governed by the general rules of quorum and quantum of vote. That’s the difference as explained to me by town counsel.”
Town Meeting will also be asked to vote on bylaws changes that will chnage seven chapters of the town code to “conform to” the state’s new Affordable Homes Act, regarding Accessory Dwellling Units, and making them by-right instead of by special permit.
Restrictions include that the ADU cannot be more than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is smaller.
The ADU cannot be used as a short term rental.
The changes lay out other building requirements and restrictions such as height and which zones ADUs will be allowed.
It requires a majority vote to pass.
Article 6 requires a 2/3 vote to borrow up to $1,000,000 for rehabilitating the water distribution system/water main on Sconticut Neck Road from David Drown Boulevard to the north side of Wood School.
Article 14 will create a bylaw for the Commission on Disability.
Town Meeting will also be asked to appropriate $301,812.01 from Sewer Retained Earnings for the upgrades to the Wastewater Treatment Plant.
Article 4 asks for $20,000 from Water Retained Earnings for salaries for the purpose of retirement payoff.
Article 5 asks for $45,185.84 from Water Retained Earnings to fund the Water Enterprise Fund Debt Appropriation for the Boston Hill Water Tank.
Article 7 aks to transfer $8,000 from Article 8A-4 of the 5/6/23 TM to replace lighting at Cushman Park to Article 9A-16 of the 5/4/24 M for Utility Trailer for the public works department.
Article 8 requests $250,000 from free cash for matching funds associated with grants.
Article 9 requests a transfer of $23,863 from salary budget line item Public Safety to the salary budget line item under IT/Information Technology for a part-time IT Tech as appropriated at the 5/4/4 TM.
Article 10 asks to increase the school budget by $118,030. The money was appropriated under FY25 Chaper 70 funding approved by the state.
Article 11 asks to fix the compensation of the Town Clerk salary at $84,080 effective 7/1/24 as appropriated at the 5/4/24 meeting.
Article 12 asks to amend the Community Preservation Committee appropriations to include Livesey Park, with no additional money needed.
Article 15 is a citizens petition to request monies for firefightet turnout gear, to provide an additional set for each firefighter, in conjunction with grant money.
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