Russells Mills Historic District Commission Member removed for illegal actions to protect 4 Tannery Lane

The Select Board unanimously voted to remove Andrew Spongberg from his role on the Russells Mills Historic District Commission for breaking ethics and open meeting laws regarding the 4 Tannery Lane property. 

“The democratic process has to play itself out, and obviously the actions you’ve taken are trying to short circuit this process," said Select Board member David Tatelbaum during a Select Board meeting on Monday, June 1. “It’s a disrespect to the process.”

The Buzzards Bay Coalition bought the property at 4 Tannery Lane in April with the intent of conserving the land. Part of the coalitions plan is to demolish the house on the property. Spongberg, who lives near the property, did not want the house to be destroyed and sued the Coalition for a temporary restraining order. He sued the Coalition on behalf of the Commission, with himself as a represenative. 

“You would do the same thing, if you’re back to the wall, you come and you have to do it,” said Commission Chair Michael Woyciechouski. “We have to do something with legal action.”

The Coalition is looking to get a conservation restriction for the property, which will be voted on at Town Meeting on Tuesday, June 2. If the conservation restriction is approved, the property would be permanently protected from development and limit use to land conservation. The Coalition plans to use the property for a park. Currently, the land is zoned to allow for a park to be constructed. 

During a meeting on April 21, Commission members voted 4-1 to not tear down the house at 4 Tannery Lane. They filed this with the Building Commission, rather than the Town Clerk, which voided the vote.

The Commission has not had a public meeting since. Select Board member Shawn McDonald pointed out that communication between boards and the town is a two way street.

“I’ve been sitting on this board for 16 years,” McDonald said. “I haven’t heard one peep from the Commission at all other than reappointments.”

Spongberg filed a lawsuit on behalf of the Commission against the Buzzards Bay Coalition in an attempt to get a temporary restraining order to stop the house’s demolition. He alerted the town of his decision after 9 p.m. on Friday, May 29, after Town Hall had closed for the week.

The decision to file this lawsuit was voted on over the phone and through emails by a majority of the Commission, according to Spongberg. 

“That’s not the way lawsuits work in this town,” said Town Counsel Anthony Savastano. 

By voting to not allow the house to be torn down, voting to file a lawsuit and representing the town himself, Spongberg broke ethical and open meeting laws, according to Select Board Chair Heidi Silva-Brooks. 

Spongberg directly abuts 4 Tannery Lane, and legally should not have voted in any decision surrounding the property. This resulted in ethics law violations. By voting whether to sue over the phone, the members of the committee also violated open meeting law regulations. All decisions must be made with the ability for the public to be present and speak.

“This last three or four months, six months, have been the most dramatic and problematic in 25, 30 years,” said Commission member Gerard Koot. “Problem has been with the town hall, and that’s why we’re here today.”

Spongberg said he had a number of reasons for filing a lawsuit; in the past, he was told to file with the Building Department rather than the Town Clerk. He stated he had a right to sue the Coalition under Massachusetts State Law Chapter 40C Section 13. 

This law states that a town can order the removal or conservation of a building in Superior Court. However, under Massachusetts law, the town counsel must be the one who represents the town.

Woyciechouski said that years ago when the Commission attempted to request aid from the town counsel, they never heard back. Silva-Brooks explained this was because they were able to handle the issue internally without spending the money to hire a counsel. 

Due to these actions, the Select Board voted to revoke and suspend Spongberg. He will not be officially removed from his role for five days, but he is now suspended from the role. 

Woyciechouski stated that it was “harsh” for them to revoke Spongberg for “sidestepping [Town Administrator] Cody Haddad.”

“It’s not about taking the building down and it’s not about not having a park,” said Tatelbaum. “It’s about following the rules.”

He added, “It is a shame because you think to try and do the right thing. You’re trying to protect your town, your local area, but you went too far.”

The Commission were turned away the first time they appeared in court due to not having the proper representation. The next court date will be Tuesday, June 2. 

During the June 1 meeting, Spongberg denied comment and clarified information asked of him.

“Any action at this time to remove me will be brought to the attention of the court,” he said. 

Savastano stated that he took this as a threat, and would be bringing the facts from the Select Board meeting to court.

Members of the Select Board emphasized that this has put the town in legal jeopardy, and has cost them money. 

“You put the town in a very precarious position,” said McDonald.