Robert Snyder, 78, filed a complaint with the U.S. District Court claiming Sally Collura used her position as councilor to influence the Building Department and other city authorities to exact revenge against him after her August 2006 firing. The complaint says Collura told city authorities Snyder had violated the zoning ordinance at his 57 Grant St. property.

A Waltham business owner is suing City Councilor Sally Collura, alleging she used her power and influence to carry out a “personal vendetta” against him after he fired her, his attorney said.

Robert Snyder, 78, filed a complaint with the U.S. District Court claiming Collura used her position as councilor to influence the Building Department and other city authorities to exact revenge against him after her August 2006 firing. The complaint says Collura told city authorities Snyder had violated the zoning ordinance at his 57 Grant St. property.

Collura referred all comment to her attorney, Thomas Donohue.

Snyder also filed suit against the City of Waltham, Building Department Superintendent Ralph Gaudet, Building Department senior inspector Patrick Powell, Assistant City Solicitor Bernadette Sewell and Mayor Jeannette McCarthy.

Snyder, in his complaint, claims his civil rights were violated when the defendants, acting in their capacity as city officials, instigated civil and criminal proceedings against him at Collura’s urging.

The complaint alleges the defendants knew about the circumstances surrounding Collura’s termination.

“They basically used their own color of authority in their positions to bring an illegal and unjust claim for no legitimate reason,” said Snyder’s attorney, Leonard A. Frisoli.

Since the suit was filed a year ago, Snyder’s counsel voluntarily agreed to excuse McCarthy from the suit, said Frisoli, of Frisoli Associates P.C. of Cambridge. The case against Sewell was dismissed in an order issued by U.S. District Court Judge Rya Zobel in August this year, said Frisoli.

In August 2006, Snyder fired Collura for using company time and resources to do personal and professional business, including as a city councilor, the complaint states. Snyder made these claims in a memorandum titled “Issues of Fact Involving Sally Collura” that he presented to McCarthy in a July 2007 meeting.

McCarthy said she could not interfere in the matter between Snyder and Collura, but could forward Snyder’s memorandum to the Law Department, according to the complaint.

Collura worked for Snyder at his company, Engineered Tooling Corporation (ETCO) on Grant Street, for 12 years, said Frisoli. Her attorney Donohue, of Brody, Hardoon, Perkins & Kesten of Boston, said her work with ETCO was administrative. ETCO is an engineering company which sells small, custom-made carbide inserts for tools in medical and specialized equipment manufacturing.

Collura filed for unemployment benefits the same day she was fired, the complaint states, but she was denied these benefits as a result of the circumstances of her termination.

Also on the day of her firing, Collura called the Building Department’s zoning authorities and said there were people living in the ETCO office on Grant Street, and that Snyder did not have the permits for such occupancy, according to the department’s special investigation sheet filled out as a result of her call.

Although Collura has said it is her duty as a city councilor to report zoning violations to the Building Department, Frisoli said, she had been a councilor for three years prior to her termination and “she never said ‘boo’ about how (Snyder) operates his building.”

Donohue said Collura did not report the violations prior to her termination because she feared she would lose her job.

“Councilor Collura did absolutely nothing wrong,” said Donohue, “she did not misuse her position. She reported zoning violations supported by neighbors that live in the area.

“She had legitimate concerns as any citizen or councilor would,” Donohue said.

At the time, Snyder’s Grant Street building housed his business on the first floor, and a fully licensed masseuse – who is also a registered nurse – and paralegal services on the second floor, said the complaint.

Snyder has owned the Grant Street property since 1997. Although the property was originally zoned for residential use, a former owner received special permission to have three professional offices, or two professional offices and one apartment, in the former single-family home, according to a 1967 Zoning Board of Appeals decision.

An e-mail to Gaudet from Collura in November 2006 said she discussed the zoning matter at 57 Grant Street with fellow city councilors, and “they concur that this situation appears to be an illegal use of the upstairs as an apartment,” she wrote.

Collura requested Gaudet forward all information regarding the issue to the law department “for speedy review.”

“(Collura) basically got this rolling using city resources to settle a personal vendetta,” said Frisoli.

Six months after Collura’s first call to the Building Department, Powell inspected the Grant Street property twice, on Feb. 7 and Feb. 26, 2007 and found no violations, according to the complaint.

Yet at the end of June 2007, Snyder received a cease and desist letter from Powell informing him that the use of his property was different than what was granted in the ZBA decision in 1967. The letter said that the department suspected one of the upstairs offices was being used for “occasional overnight sleeping quarters.”

Frisoli said it is possible that one of the individuals conducting business in the upstairs floor of the building might have spent the night at the office after working late occasionally. But, he said, “it’s not like there is a kitchen or bathrooms or living quarters.”

Collura said in her initial report to the Building Department that there was no kitchen or place to bathe in the office.

Collura also filed a complaint with the Waltham Police on July 17 when she said she saw Snyder walking in the crosswalk outside of her store on Moody Street late at night. She said her employees told her Snyder had earlier visited her store when she was not there, said the police report.

Frisoli said Snyder visited the Tea Leaf to deliver a W-2 form to Collura, and that he regularly does business in the area.

Snyder received a call from the police the following day telling him to stay away from Collura’s business, according to a police report.

In November 2007, Snyder received a zoning violation notice charging a $50 fine for the Grant Street property.

In May 2008, on the same day Snyder filed suit against Collura’s brother, Frank, in small claims court in Newton, Snyder received a second violation notice from Powell charging a $200 fine. The next day, Frank Collura was ordered to pay Snyder $1,383 by the Newton District Court.

Snyder received another notice from Powell that day, this time tacking another $300 onto the original $200 for each day Snyder didn’t pay the fine, according to Snyder’s complaint.

In July 2008, Sally Collura requested the Building Department send her all inspection reports and decisions related to the Grant Street property. Gaudet provided her with the information the following day, according to the complaint.

Snyder petitioned the ZBA to amend the zoning variance on his property following the receipt of the violation notices. The ZBA determined the petition was unnecessary to begin with, said the complaint.

A hearing regarding the alleged Grant Street zoning violations was scheduled for December 2008 in Waltham District Court. At the hearing, the court dismissed all complaints and violation notices against Snyder.

Since the complaint was filed, Frisoli said the city has come forward with settlement offers not satisfactory to his client. Frisoli did not discuss details of the offers. Snyder is seeking between $300,000 to $400,000 in damages, he said.

When asked if the city was paying for Donohue’s legal services for Collura, Donohue said he had no comment other than “it is our position that under state law they have an obligation and a duty to cover her fees.

“Imagine the chilling effect, if (city officials) don’t feel they are going to protected,” said Donohue. City officials, indeed any citizen, could become wary of reporting violations for fear of facing such lawsuits, he said.

Frisoli said Snyder would like to have his case heard by a jury.

“It very well may go to trial,” said Donohue. “It’s at the very beginning of the case and it’s hard to tell.

“Collura is just looking forward to being vindicated,” said Donohue.



Timeline for Snyder v. Collura

(Note: The facts below represent claims made in Robert Snyder’s complaint, filed with the U.S. District Court. This does not represent a complete timeline – future editions of the Waltham News Tribune will examine events that have transpired since 2008.)

8/15/2006 – Sally Collura is fired by Robert Snyder, owner of Engineered Tooling Corporation (ETCO). Collura applies for unemployment insurance benefits and contacts the Waltham Building Department’s zoning authorities to prod an inquiry into the Grant Street property.

11/9/2006 – Collura discusses her complaint about the property with at least one of her fellow city councilors, who approves and concurs

2/7/2007 – Building Inspector Patrick Powell inspects Snyder’s property, finding no violations.

2/26/2007 – Powell inspects Snyder’s property again, finding no violations.

5/24/2007 – Powell receives e-mails from City Solicitor Sewell requesting he confirm his oral communication to Sewell that there were no violations existing on the premises at Grant Street.

6/5/2007 – Sewell sends another e-mail to Powell of the same nature as the one in May.

6/27/2007 – Powell sends Snyder a letter alleging the premises are being used in a manner different from the ZBA-allowed use, granted in 1967 decision. Ordered to cease and desist within 30 days.

7/17/2007 – Collura files complaint with Waltham Police alleging Snyder stalked her outside of her store after he was seen across the street.

7/30/2007 – Snyder approaches Mayor Jeannette McCarthy about Collura’s scheme. Mayor says she cannot interfere.

11/30/2007 – Powell issues to Snyder a Notice of Violation of City Ordinance or Regulation

2/11/2008 – Snyder files small claims complaint in Newton District Court against Sally Collura’s brother, Frank.

5/21/2008 – Small claims trial between Collura’s brother and Snyder begins; Sally Collura testifies on behalf of her brother.

5/21/2008 – Waltham Building Department issues a second notice of violation against Snyder with a $200 fine.

5/22/2008 –Newton District Court enters judgement in the amount of $1,383.17 in favor of Snyder.

5/22/2008 – The Building Department issues a third notice with a fine of $300 each day until abated.

7/21/2008 – Collura requests all inspection reports and decisions related to the 57 Grant Property.

7/22/2008 – Gaudet transmits file related to the property to Collura

9/9/2008 – Snyder’s petition to modify the zoning variance is heard by ZBA. The board recommended Snyder withdraw without prejudice, as the petition was unnecessary to begin with.

9/6/2008 – Hearing before the magistrate at the District Court with Sewell and Snyder’s counsel. The magistrate advises Sewell that the applications for complaints in connection with the notices of violations would be dismissed.

12/4/2008 – Court denies or dismisses all complaints and violation notices from the Waltham Building Department against Snyder.

Jen Judson can be reached at 781-398-8004 or jjudson@cnc.com.