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On Tuesday, July 16, the Select Board took the unprecedented step of refusing, 3-2, to reappoint a full member of the Zoning Board of Appeals to another term. Member Russo led the charge against the entire ZBA, and in particular Jon Gossels. Mr. Gossels has served 24 years on the ZBA, more than any other member. During those 24 years no resident has complained about Mr. Gossels’s fairness or objectivity. He provided valuable guidance as a member of the ZBA to stop the proposed development at Johnson Farm, and later to the Town when a developer wanted to build a 40B high-rise development in Town Center. His creativity and knowledge of zoning laws and regulations were key to keeping the project from changing Town Center forever.
Member Charlie Russo accused the ZBA of being a run-away, out-of-control board. He accused it of, ‘poor decision making, an increasing trend toward advocacy and away from rule-following, people not playing by the rules, diverging from Select Board policy and town meeting votes, and in the habit of making mistakes.’ He called the ZBA “scofflaws”.
Mr. Russo then listed ZBA ‘errors.’ For each of the ‘errors’ there are sound reasons the ZBA ruled as they did. And for at least the past 20 years, there is no time the ZBA was taken to court and lost. At the time the ZBA decisions were made, no member of the Select Board voiced any public concerns. When Mr. Russo was done, Mr. Carty gave his full-throated support.
What is truly remarkable is that on July 16 neither the ZBA Chair, John Riordan, nor a 24-year member of the ZBA, Jon Gossels, were present. They were not given the basic courtesy of responding to the very serious charges being leveled against them, and to correct misinformation. Before the meeting, Mr. Riordan and Mr. Gossels were not aware that Mr. Russo would object to their reappointment, let alone go to these lengths. As far as they knew, this was to be a routine reappointment matter, with no reason to attend in person.
The decisions on reappointment should have been suspended, and the ZBA given an opportunity to respond before a vote was taken. The ZBA was tried and convicted ‘in absentia’.
The ZBA opposed the Select Board’s Article 16 Zoning Bylaw at Town Meeting in May. Mr. Gossels had the courage to stand up at town meeting and explain to the hall why he opposed the bylaw. The hall agreed, and the bylaw failed. Mr. Russo’s repeated references to the failed firearm bylaw appear to be the underlying motivation for his unjust attack on the ZBA and Mr. Gossels.
Mr. Russo went on to criticize the ZBA members, and their spouses, for signing a petition in 2022 seeking a ban on firearm stores. Since when is signing a petition to protect the safety and character of our town wrong? The activities of spouses had traditionally been out of bounds.
It is no coincidence that it was the same three members of the Select Board (Russo, Carty and Roberts) who tried to push their firearm bylaw through town meeting, who voted out Mr. Gossels. The same three Select Board members did not have the courtesy to consult the ZBA in the six months before the firearm bylaw was put on the warrant and brought before town meeting. When Mr. Russo was done, Member Kouchakdjian wisely pointed out that if the Select Board had consulted with the ZBA, the debacle at town meeting might have been avoided. She also noted the ‘complaints’ were actually policy disagreements, and board members should not be dismissed over good faith disagreements.
Member Dretler said she was ‘shocked, and this was retaliation, and it bordered on slander.’ The ZBA may not be faultless, and with any committee decision, a party may be aggrieved, but the ZBA has a solid reputation for doing fine work under Mr. Riordan and Mr. Gossels. What happened Tuesday night was disgraceful.
Mr. Russo’s use of his Select Board platform to disparage a talented volunteer board member, who has given decades of service to Sudbury, is repugnant to our community values. Why would any resident now choose to serve their community when they could be the next victim of public pillory by the Select Board?
Sadly, last Tuesday night, political differences of opinion were used for retribution.