By Beth David, Editor
At its meeting on 2/26/24, the Fairhaven Select Board discussed and took comment on “concerns” at 14 Oxford Street. SB member Keith Silvia said he asked for the item because neighbors have complained about vehicles abandoned on the street. They have flat tires and have not moved in months.
SB member Bob Espindola asked if they could understand the request by the owner to postpone the hearing.
Mr. Silvia said he wanted it to be on the agenda last month and had to wait.
“I think we need to address this,” he said, however, it quickly became clear that the board had no authority to do so.
The vehicles fall under the jurisdiction of the police department, and the issues with debris and clutter inside the yard fall under the jurisdiction of either the Board of Health or the Building Department.
Mr. Espindola made a motion to table it until they could review the letter they received from the owner’s attorney, noting that the owner, Conservation Chairperson Jay Simmons, had just lost his father, Anthony, who lived in that house with him.
Mr. Espindola said Mr. Simmons had not even made arrangements for his father, and postponing it would be the “honorable thing to do.”
At that, SB Chairperson Leon Correy laughed.
There was no second for the motion.
Attorney Nicholas Sylvia asked the to read the letter. He said it shows there has been progress made and the owner is ready to “work side by side” with the town to work through the issues.
In the letter, Mr. Sylvia said that Mr. Simmons is “confident that a plan can be developed that would include a detailed description of work methods and well-defined/reasonable deadlines.”
He requested a continuance until mid April, which would give Mr. Simmons time to “further emotionally process the loss of his father,” and work in collaboration with the town.
Mr. Sylvia asked that his client not be subjected to a “public bombardment.”
Mr. Correy said that Mr. Sylvia was “incredibly accusatory,” and said he did not appreciate the attempt to play on guilt.
Several neighbors spoke, but only about the cars being a nuisance and hazard on the street. They said they did not know that the property had vehicles and other materials that might contaminate the marsh.
The board also heard from Health Agent David Flaherty and Building Commissioner Randall Bassett.
Mr. Flaherty said he did see Mr. Simmons while his father was sick, and he asked for some time.
Mr. Flaherty said he is willing to work with Mr. Simmons to get the property cleaned up. Responding to a question from Mr. Espindola, Mr. Flaherty said there is some money from the hoarder program to help.
He said he was trying to work in the spirit of getting it cleaned up instead of issuing orders and citations.
Conservation Agent Bruce Webb said he had not seen the site, but agreed with Mr. Flaherty that the first step its to reach out to assess the situation and then try to resolve it.
SB member Stasia Powers said she appreciated that town officials were trying to proceed with compassion. She said it must be overwhelming for Mr. Simmons.
Mr. Silvia asked if this is the kind of person we want to chair the conservation commission. Mr. Correy said they could not discuss it. Mr. Silvia said he wanted it on the next agenda. Mr. Correy laughed and said they could put it on an April agenda, which is when he would no longer be on the board because he is not running for re-election.
The board voted to have the Town Administrator work with the other boards to get the property cleaned up.
In an email to the Neighb News, Mr. Sylvia wrote: “I want to make clear that I would have been ready to meet with town officials to get the ball rolling today in order to avoid the matter discussed publicly during my client’s time of grieving.”
EDITOR’S NOTE: Since Mr. Correy would not allow the letter to be read into the record, it is included below.
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Click here to download the 2/29/24 issue: 02-29-24 Oysters
Click here to download the Oxford Street Letter: OxfordStreetAttorney
Click below to watch the Leon Correy video clip:
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