Planning Board — September 17, 2026

The Fairhaven Planning Board met on September 17, 2026, primarily to address four Open Meeting Law complaints. Three of the complaints, filed by Patrick Carr, Rui da Silva, and Jennifer Cardoza, alleged improper cancellation, electronic polling of members, and unlawful serial deliberation regarding the August 11, 2026 meeting. Chair Jessica Fidalgo participated remotely, while Vice Chair Sean Powers led the proceedings. For each of these three complaints, the board voted unanimously to authorize Vice Chair Powers, in consultation with Town Counsel, to draft and submit the board's official written response.

During the discussions on the first three complaints, board member Patrick Carr repeatedly proposed amendments or separate motions to mandate that Town Counsel's draft responses be provided to board members for review prior to submission to the Massachusetts Attorney General's Office. Board members debated whether this broke from past precedent and questioned the necessity of reviewing legal advice from Town Counsel. Carr's motions failed in roll call votes, failing 3-5 on the first, 3-5 on the second, and 4-4 on the third.

The board also considered a fourth Open Meeting Law complaint filed by Patrick Higgins on September 3, 2026, which cited incomplete recordkeeping regarding roll call votes and exhibits in past meeting minutes. The board voted unanimously to take remedial action by amending previously approved minutes from April 14, April 28, May 26, June 30, July 28, and August 25, 2026, to explicitly record member names, roll call votes, and lists of exhibits pursuant to MGL Chapter 30A. The board confirmed its next meeting for September 22, 2026, before adjourning.

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