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Is the third try the charm in Sudbury’s effort to enact zoning rules for firearms businesses?
The Sudbury Zoning Board of Appeals (ZBA) held a public input session on Monday, October 21 at the Goodnow Library. The session was conducted in a hybrid setup, with public joining in-person and remotely via Zoom.
To kick things off, member Frank Riepe explained the current draft bylaw to the audience. Riepe has been working with a citizens group, referred to as an “ad-hoc committee,” to develop a new approach to a firearms business zoning bylaw after the Select Board’s effort narrowly failed at Sudbury’s Annual Town Meeting in May of 2024.
“The new bylaw would locate firearms businesses, under a special permit, in the area currently known as ID-6. ID-6 is an industrial district south of the Town Transfer Station on Boston Post Road.
Rather than relying on setback distances for protections, the draft bylaw would simply designate a single district (a new “Industrial District Special Use”) for firearms businesses where ID-6 is today. The prior approach by the Select Board allowed firearms businesses in all Industrial Districts under special permit. However, when the Select Board layered on required setbacks from sensitive uses, it left only ID-4 (near Land Rover and Soul of India on Boston Post Road) as a viable location for firearms businesses based on nearby existing uses in and around Sudbury.”
During the session, residents asked questions and provided feedback on the bylaw. One resident, who appeared to be a gun rights advocate, called for collaboration with more gun rights groups. He referenced his criticism of the Select Board’s previous approach, in which they only consulted with gun control interest groups. While he pressed for engagement with gun rights groups, he was also generally supportive of the draft bylaw.
Another resident cited that she supported the Select Board bylaw in May, and raised concerns about the location the new proposed bylaw provided for a gun shop, as it was near the Mass Central Rail Trail for a portion of the district it would create, and across the street from a property that had childcare and other businesses catering to children. She went on to outline other questions and concerns, including the perceived lack of advertising for the public input session, and complexities associated with signage at the entrance to the district, which is technically in Wayland. She also asked if the ZBA would get input from Town staff and legal counsel.
ZBA member Frank Riepe responded that signage would be regulated by the Town of Wayland. He added that the Town line cuts through the middle of a parcel and there’s already shared Town oversight happening in the area. With regard to the location, he felt the risk associated with proximity to the rail trail and childcare facility was relatively low due to the geography of the location, which is set back from the street. Later comments from another member of the ad-hoc committee, former Select Board member Len Simon, added that the bigger concern was proximity to a business that serves alcohol. The proposed location for a gun shop in the current draft is very close to the location that would have permitted gun shops had the Select Board’s version passed at Annual Town Meeting.
Member Riepe shared a broader concern about the Select Board’s previously proposed bylaw, which was that he felt it left the door open for a very large gun retailer to buy out small businesses, like the Soul of India restaurant, in a high-visibility part of Boston Post Road that would have allowed gun shops.
One caller claimed to be employed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and described the bylaw as a waste of time. He implored the board to get input from the ATF on licensing requirements, which he felt already did much of what the draft bylaw attempted to do. But the caller appeared to be reacting to an assumption that the bylaw would ban gun shops. ZBA Chair John Riordan clarified that the draft did no such thing, and did not have any provisions that would encroach on any citizen’s second amendment rights.
The mood turned tense during that comment, as Riordan and Riepe became agitated by the implication that the bylaw was in any way tied to second amendment rights. Riordan questioned the seriousness of the input from the caller, as he had made a variety of questionable claims that were easily disproven. Riordan took particular issue with a vague claim that gun shops couldn’t advertise because of a federal law. The caller also claimed that the Gun Control Act of 1968 was generally “too restrictive.”
The caller went on to claim “there’s never been a firearm going off near a rail trail.” Though studies have repeatedly confirmed that rail trails are very safe, they are not crime-free zones. Shots were fired from the Goffstown Rail Trail just a few months ago.
From there, the discussion largely focused on if/how the ZBA would get input from gun rights groups and law enforcement agencies. No decisions were made, but Riordan reiterated that the premise of the session was to start the process of gather input from the public. He repeatedly referenced that the ZBA would accept written input as part of the hearing for the next week. More details and contact information can be found here.
To close things out, Riepe implored the audience to view the bylaw as typical zoning business that the Town deals with for all types of land uses, and Riordan began to wrap things up because the library would soon be closing.