Zoning Board of Appeals — October 6, 2026

The Fairhaven Zoning Board of Appeals convened on October 6, 2026, addressing several hearings, procedural adjustments, and state legislative updates. The board approved the meeting minutes from August 4, 2026, and rescheduled its regular November meeting from November 3 (Election Day) to November 4, 2026. Two dock applications were handled: an after-the-fact variance request for 162 Main Street was continued to November 4, 2026, per mutual agreement of both parties' attorneys, while a special permit and variance application for a residential pier at 10 Oxford Street, presented by Dave DeVigna on behalf of James and Renee Novakov, was also continued to November 4 after abutter Lee Miguel raised boundary and land court title concerns regarding marshland ownership.

The board discussed prior zoning determinations for 249 Main Street and 97 Balsam Street regarding whether garage size overages should have been categorized as special permits or variances. Following input from the Building Commissioner, the board determined that the approvals properly stood as variances and required no alterations, noting the 20-day appeal period had passed without challenge.

The primary policy discussion focused on recent 2026 amendments to Massachusetts General Laws Chapter 40A, Section 10, which altered variance standards from substantial hardship to practical difficulty. The board voted unanimously to formally request written legal guidance from Town Counsel on aligning local bylaws, procedures, and decisions with the new state laws. Additionally, the board approved a motion advocating for monthly pre-permitting meetings between department heads and committee chairs to streamline permitting, clarify developer requirements, and reduce potential town legal costs.

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