By Beth David, Editor
At its meeting on 1/7/25, the Fairhaven Zoning Board of Appeals voted 4-1 to revoke the building permit for the storage building being constructed at Fairhaven High School. ZBA chairperson, Patrick Carr, recused himself from the proceedings due to a conflict of interest caused by his ownership of Seaspray Container Company, which leases containers at the high school that will no longer be needed if the storage building is completed (see page 3).
Nine abutters filed an appeal for a variety of reasons, including that they were not notified, the building is larger than bylaws allow for an accessory building, height is higher than allowed, a residential permit was issued instead of a commercial permit, and the property is on the National Register of Historic Places.
The appeal also alleges that the Dover Amendment, which exempts school departments from local zoning restrictions, does not apply.
The building is being constructed on the southwest corner of the football field between the bleachers and Huttleston Avenue (Route 6).
Resident Karen Vilandry spoke for the abutters reiterating what was in the appeal and adding that the building is an eyesore and will obstruct the view of drivers leaving FHS. She noted the traffic on Route 6 in that area is already dangerous and the new building will make it worse.
Attorney Michael Rosen, representing the School Department questioned the process of the appeal and the standing of the abutters; and then went through each point with a rebuttal of the arguments.
Mr. Rosen said the appeal was not filed when it should have been and was appealing the residential permit, which had been revoked and reissued as a commercial permit.
He also contended that the abutters did not have standing because they did not have a specific complaint/hardship directly to any one of them. He said the complaints were more general in nature.
Mr. Rosen also noted that the bus company, state police, Fairhaven police, and the public works department all had no problem with the building.
The owner of bus company drove by himself and confirmed they have no concerns.
“So this has been vetted,” said Mr. Rose, adding it will continue to be vetted by Mass. DOT. Route 6 is a state road.
Mr. Rosen went through each of the points in the appeal, noting that the Dover Amendment does apply, so the size of the building is exempt, including the height.
He said there is no need to notify abutters when a building permit is pulled.
Mr. Rosen also said that the school department worked with the historical commission and redesigned the building, so the previous comments from the HC chair included in the appeal were not longer valid. Superintendent Tara Kohler produced the email from HC Chairperson Wayne Oliveira for the board to read.
Current Building Commissioner Richard Forand ran through a detailed account of each step of the project, including that three previous building commissioners/acting commissioners were involved. He was the one to revoke the residential permit and issue the commercial permit. In his letter to the abutters, he said there is no requirement to notify abutters of building permits. He also said he declined to take further enforcement action.
Although he recused himself, Mr. Carr was in the room sitting with the public during the proceedings. During a recess, he spoke to acting chairperson Ruy DaSilva. Mr. Carr also spoke to the issue as a member of the public, speaking against the project. He said the original building was supposed to be for restrooms.
He asked where “honesty” was from the school department.
Mr. Carr said the project should have gone before Planning Board and ZBA, both boards he is on, but was “kicked down the road.”
Not it is a “huge item” with lots of contention between the ZBA and the school department.
“That’s not the fault of the ZBA,” said Mr. Carr. “It’s the fault of the School Department.”
He said the burden of proof is on the School Department to explain why the building is in the southwest corner instead of the northwest corner.
Rebutting the idea that parking spaces would be lost if the building were at that end of the property, Mr. Carr noted that there are two storage containers that will be removed if the building is completed, which will free up some spaces.
Erin Carr, who owns the Seaspray with her father, read about the Dover Amendment, saying the town still had some enforcement authority. She said the high school is the “gem of our town,” and should be respected.
A student athlete spoke in favor of the project saying equipment is stored all around the high school. Having it in one place near the field would be much better for athletes.
At one point, Mr. DaSilva referred to the building as a “monstrosity.”
Mr. Rosen asked that the chair not call it that.
Someone in the room said it was a monstrosity. Mr. Rosen said someone in audience can say it, but not the chair.
Mr. DaSilva expressed a desire to continue the hearing, but the school department asked for a vote. He also said he would like to see the come to some kind of compromise.
Both sides noted that attorneys are being paid on both sides, but the money is coming from the same place: Fairhaven taxpayers.
In the end the required four members voted to revoke the permit, with Associate Member Derek Furtado, standing in for Mr. Carr, joining Peg Cook, Ruy DaSilva and Darryl Manchester to revoke. Amy Goyer voted “no.”
Mr. Rosen said the School Department was likely to appeal the decision.
The meeting is available on demand at www.FairhavenTV.com
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