Easthampton Planning Board appointee under fire from businesses

EASTHAMPTON - One of two vacancies on the Easthampton Planning Board will soon be filled by a former Zoning Board of Appeals chairman and sign enforcement officer for the city.

The City Council Wednesday unanimously approved Mayor Michael Tautznik's nomination of David Gardner after discussing a few concerns, including calls and emails they received from residents and business owners urging against the appointment.

"We agreed he's a smart, qualified guy and he has an interest in serving," Council President Joseph P. McCoy said Thursday. "We thought it was a good fit."

Gardner, 57, is a builder and attorney who served on the Zoning Board of Appeals from 2000 to 2009 and as the sign enforcement officer, appointed by the building inspector, for a few months in 2007 and 2008 when the city started enforcing a controversial sign ordinance.

During his time as a public servant, Gardner earned a reputation for being meticulous about enforcing rules and regulations, especially zoning ordinances, McCoy said.

"He has an attention to detail that I think is great, but in some situations it can be misinterpreted as stonewalling," McCoy said.

McCoy said the communication from the business community may result from hard feelings about the more than two-year process of modifying the city's sign ordinance, which Gardner strictly enforced.

"It a rocky process for sure, and I think a lot of the frustration was directed at Mr. Gardner," McCoy said.

No one from the public commented on the appointment at the meeting, but Gardner said members of the Chamber of Commerce expressed their disapproval at the appointment subcommittee's meeting Tuesday. The subcommittee voted unanimously to recommend his appointment.

Councilor Daniel D. Rist said he was not sure if there was truth to the claims Gardner is anti-business, and noted that the appointment was only for one year. He also said the council is not in a position to deny the appointment of a competent volunteer when the Planning Board is dangerously close to having too few members to function.

The board usually has six members, but is down to four because of the resignations of Jason Duda in July and Edwin Quinn in September. If the board has fewer than the four members required to vote on special permits, the permits will be granted automatically, Rist said.

He added that Chairwoman Ann Parizo indicated she is considering asking the mayor not to reappoint her at the end of her term Dec. 31, and member Chester Ogulewicz Jr. must resign before the end of the year, when he will become a city councilor, so the board will shrink further.

Gardner said he knew his appointment would be "controversial," and said he was pleased to have the councilors' unanimous support.

He defended his tendency to be strict and do things by the book, saying that following city ordinance should be seen as a positive, not negative, trait in a Planning Board member.

"Our difference of opinion has to do with treating people fairly, and the best way I can think to do that is by going with the rules and regulations, which were established and voted on," he said.

He said his decision to return to city service was based on the need for Planning Board members. "If nobody else came forward, there'd be no more Planning Board," he said. "And I have the skills, the knowledge and the time to do it."

Rebecca Everett can be reached at reverett@gazettenet.com.

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