By Beth David, Editor
The Fairhaven Planning Board failed to elect a chairperson at its meeting on 5/13/25. It was the third time the board has met since the election on 4/7, but only the first time it took up the issue.
Former PB Chairperson, Cathy Melanson, was not re-elected, so Vice Chair, Patrick Carr, has been acting as the “Interim Chair.”
A meeting on 4/15/25 is posted online as canceled. The agenda for that meeting has the reorganization of the board on the agenda. It did not have an agenda item for a public hearing for a change to the 40R district. However, a meeting dated 4/15/25 is available on FairhavenTV. com and a public hearing for the 40R change was held. The hearing was continued to 4/22. The 4/22/25 public hearing was also held. There is no agenda available for that meeting, only the public hearing notice is available on the town’s website, although board members made reference to an agenda that was changed.
At the 5/13 meeting, the eight-member board spent more than 40 minutes trying to elect a chair, ending in a tie each time. The board cycled through all board members, except Ruy DaSilva, who joined the meeting remotely.
The first vote for chair was for Diane Tomassetti, nominated b Kevin Grant, who said she seems “very even keeled and rational in her decision making.”
Ms. Tomassetti said she was going to nominate Mr. Carr.
As the votes went around the table, it became clear that there would be a tie, with Ms. Tomassetti hesitating and agonizing over her vote.
“If you abstain, it’s the same as saying ‘yes,’” said Mr. Carr.
In the end, Board members Sean Powers, Jessica Fidalgo, Miles Grant, and Kevin Grant voted for Ms. Tomassetti. Mr. Carr, Sharon Simmons, and Kevin Grant voted against. That split stayed the same through every vote.
Mr. Carr advocated for himself and spoke against each of the other board members, citing their lack of years on the board or their attendance records. He noted that being chair is a lot of work and he spends a lot of time in Town Hall during the day. Being self employed, he said, means he does not have a boss telling him where he has to be at any given time.
Land Use Director, Bruce Webb, said the situation in his department is stable now. The duties of the chair, he said are to create the agenda and run the meeting. Mr. Carr took issue with that description and noted the bylaws changes that required extra time.
He said it was “daunting.”
When it became clear that they would not be able to pick a chair that night, Mr. Carr said that if no chair was chosen, then the interim chair becomes the chair.
Mr. Webb said he was not sure on that.
The board generally agreed that if no chair was voted in then the “status quo,” as Mr. Carr put it, would remain.
Ms. Fidalgo said she had spoken with former PB member and long time chair, Wayne Hayward about a similar situation some years ago, when the acting chair ran meetings for months. She said she did not recall the procedures and suggested they confer with someone professionally.
Mr. Carr reacted rather forcefully saying that Mr. Hayward was no longer had anything to do with planning, and the should ask town counsel. It was unclear, however, if the board is going to check with Town Counsel about next steps.
The board voted to move on and voted for Diane Tomassetti for Vice Chair, and Sharon Simmons for Clerk.
The board also chose representatives for the various boards and committees that have a PB representative. They tabled, however, an item to name Rick Trapilo, who is no longer on the PB, as their “proxy” representative to the Fairhaven Buzzards Bay Water Quality Working Group. The board appointed Mr. Carr to that slot and will ask the Select Board to make Mr. Trapilo a volunteer representative.
In another matter, the board voted to restrict board members’ use of electronic devices during meetings. Mr. Carr said the protocol in place did not allow for any electronic devices to be used for outside communication, such as, with a member of the public.
The Open Meeting Law prohibits members from communicating with each other if it creates a quorum, but it does not mention getting emails or texts from the public during a meeting.
The department is trying to go paperless, or close to it, so the protocol seems at odds with that effort. Members need to look at the plans. Mr. Carr said people can bring their paper copies to the meeting.
Mr. Carr told members their devices could be subject to confiscation and search because the communications are public record. There was some discussion as to whether or not they would need a warrant of some kind.
Board member, Sean Powers, noted that he uses his laptop to take notes.
Board member Ruy DaSilva said he understood the need for devices but did not want to turn the meeting into everyone looking at laptops.
Board members, Jessica Fidalgo an Miles Grant noted that they had young children and were not inclined to keep their phones off.
Mr. Carr said if they are not using electronics then there is no chance of them talking to people who are not part of the board or part of the meeting.
In the end the board voted to have cellphone silent, not off; and to allow the use of laptops to view appropriate materials.
In other business, the board approved three Form A proposals. Jeannine Rocha asked the board to divide her lot at 346 Huttleston Avenue, taking 8,597 feet and adding it to the adjacent lot owned by Andrew J. Masse. They are both nonconforming lots.
The board also approved a proposal to divide 5 Golf Street into two nonconforming lots. The owner, Laurie Belmarce, intends to sell the smaller lot and use the proceeds to build an addition onto her house.
The third Form A, at 343 Huttleston Avenue, creates two conforming, one at 16,896 s.f. and one at 15,058. Jose Gomes, represented by John Romanelli, wants to sell the newly created lot to his son.
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