Selectmen’s Meeting Minutes
November 20, 2001
Present: Judy Murdoch, Catherine Kuchinski, Stephanie McSweeney and Peter Jones. Daniel Webster (absent), Also present, Management Assistant, Meredith Scozzari.
7:35 p.m. Vice-Chairman Kuchinski called the meeting to order and read the announcements: Memorial Walkway. Hanson Community Christmas annual appeal – for information call Kevin Mossman 447-1416 or Paula Collins at 293-3787. Auction of 112 High Street scheduled for Saturday, December 1st at 10:00 a.m., open houses scheduled for Wednesday, Nov. 14 & 21 at 2:00 p.m. and Saturday, Nov. 17 & 24 at 10:00 a.m. Applications closed for the Board of Health vacancy.
I. Chief King – Monthly Report – Chief King presented his monthly report highlighting training for personnel; school security; court activity; traffic enforcement; calls for service; student police academy started on October 13th; tobacco compliance; Three establishments were in violation, Hess, Super Petroleum and Myette’s; and staff meetings. The Chief will provide the Board with new policies and procedures he would like approved. Tabled the executive session portion of his report until December 11th .
II. Dog Hearing – David Aghajanian – 141 Pennsylvania Avenue - Vice-Chairman Kuchinski reviewed the procedures of the hearing and swore in the participants, complainants Victoria and David Aghajanian; Dog owners: Carolyn & William Farrell and Paul & Cindy Ford and witnesses Donna Humphries, Michael Ellis, Brian Driscoll, Deborah Tagliente.
MOTION by McSweeney, second by Jones to open hearing. Roll Call – Kuchinski aye; Murdoch aye; McSweeney aye, Jones aye. Voted 4 – 0.
Vice Chairman read the complainant’s letter and the nuisance dogs were identified as Jack Farrell a cocker spaniel and Cindy Ford a Jack Russell terrier. Mr. Aghajanian presented the Board with a chronology of events during the last 3 years. He has requested that all the dogs in the neighborhood be leashed. He also presented the Board with a Polaroid photo of a dog in the street. The Board members reviewed the photo and indicated that they did not see a dog. Mr. Aghajanian conceded that the dog was difficult to see, but assured them it was there. The Animal Control Officer, Bernie Delory indicated that he has been called to the location on several occasions and has checked the area on his own and has never observed the defendant dogs loose. He has removed a few stray dogs from the area. Mr. Delory did not make a recommendation, as he has not observed any violations. Ms. Kuchinski read a letter from the Fords. The Fords informed the Board that they have installed an electric
invisible fence. The fence encompasses all of the Farrell and Tagliente’s properties as well as a portion of the Ellis’ property. The Board requested proof of the installation of the fence. Mr. Delory indicate that the invisible fences are quite effective as long as the batteries in the collars are charged. Mrs. Farrell presented the Board with nine letters of support regarding her dog, Jack. She indicated that Jack suffers from separation anxiety and will not leave her side. Mrs. Becker, Jack’s babysitter, indicated that he does not stray and stays in the yard. Mrs. Murdoch asked the Aghajanian’s how often the violations occur. Mr. Aghanjanian informed her that the chronology, which indicated one violation occurred in April and the next one was in October, was not complete, but did not indication how often the violations occur.
After lengthy discussion, the Board informed the parties that they would issue a decision at their meeting on December 11, 2001.
MOTION by McSweeney, second by Jones to close hearing. Roll Call – Kuchinski aye; Murdoch aye; McSweeney aye, Jones aye. Voted 4 – 0.
8:35 - Hearing Closed.
III. Dog Hearing – Anne Marie Hyslip – Richard Road - Vice-Chairman Kuchinski reviewed the procedures of the hearing and swore in the participants: complainants Ann Marie & David Hyslip; Dog owner Deborah Nelson and witnesses Emilio Rotondi, Ronald & Pat Thomas, Deborah & Warren Kosterman, Janine Anderson, Eric Anderson, Charles & Sandra Nugent, Laurie Armstrong and Toia Adebango. Ms. Kuchinski read the complaint from Mrs. Hyslip and noted the petition from the neighbors.
MOTION by Jones, second by McSweeney to open the hearing. Roll Call – Kuchinski aye; Murdoch aye; McSweeney aye, Jones aye. Voted 4 – 0.
Mrs. Hyslip indicated that she is concerned that someone will be injured because the dogs are aggressive. She related a story of being chased into her own house while waiting for the Kindergarten bus with her daughter. She is requesting that the dogs be tied at all times. Mrs. Nelson identified her dogs as Precious a 12 year old Rotweiler who is 23 pounds and Poison a 3 year old 18 pound Pitbull. The neighbor disagreed with regards to the weight. The Animal Control Officer, Bernie Delory indicated that the dogs were closer to 50 – 60 pounds. Mrs. Nelson indicated that Precious had been to the Vets recently and was weighed. She was requested to provide the Veterinarian’s records. She also indicated that Precious was diagnosed with heartworm and she will not be
around much longer. The neighbors indicated the problems occur when Mrs. Nelson is not at home. Mrs. Murdoch inquired whether the dogs had been licensed and Mrs. Nelson informed the Board the dogs were licensed on Sept. 7, 2001. Mr. Rotondi presented the Board with a copy of a letter sent to Mrs. Nelson in 1996. He indicated that he has had ongoing problems with dogs since 1995 and has been calling the police and Animal Control Officer. He requested that the dogs be placed at least 25 feet from his property line. Mrs. Armstrong indicated that the dogs are not tied and have attacked her many times over the past few years. Her kids will not walk down the street. Mr. Nugent related a story regarding his daughter being chased. He feels this is a safety issue and the dogs should be tied 100% of the time. Mr. Anderson indicated that he had been involved in “staredowns” with Poison. Mrs. Anderson
indicated that incidents occur frequently, every other week. Mr. Delory reported that he has been called to the location on several occasions, especially since September. He feels the Pitbull is dangerous and should be confined. He does not feel a collar and leash are acceptable measures of restraint. He recommended a kennel with a cement floor and both dogs should be confined to the kennel. Mrs. Nelson indicated that she has a kennel. The Kostermans indicated that the dogs jump out of the kennel. The Board requested that Mr. Delory and Building Inspector Michael Kennedy, inspect the kennel.
Mrs. Nelson provided the Board with photographs of a dog, which has been roaming the neighborhood, but is not hers. Mrs. Nelson indicated that she will keep the dogs inside and will let them out to go to the bath when she is home. When she is not home she will put them in the kennel. Mrs. Nelson confirmed that Poison does rush after people but would not hurt anyone. She also indicated that she has had problems with the dog collars and the dogs have gotten loose in the past. Mrs. Nelson offered to erect a 6 x 8 foot stockade fence around her property. She would keep Poison inside until the fence was completed. Toia Abebanjo spoke on behalf of the dogs and indicated that they are not a threat or vicious. She feels that Mrs. Nelson should have some protection because she is a
widow. Mrs. Murdoch requested assurances that the dogs would be restrained when they are out and should be on a leash and under Mrs. Nelson’s control at all times. Mr. Jones was concerned that the dogs may escape under or over the fence. After lengthy discussion regarding the fence, the Board recommended Mrs. Nelson keep the dogs in the kennel. Ms. Kuchinski indicated that she does not want the dogs tied as they may get loose. She requested that the dogs be leashed from the house to the kennel and back.
MOTION by McSweeney, second by Jones to close hearing. Roll Call – Kuchinski aye; Murdoch aye; McSweeney aye, Jones aye. Voted 4 – 0.
Board’s recommendations: Mrs. McSweeney recommended putting the dogs in the pound until the kennel is satisfactorily secured; Mr. Jones agrees and added that the dogs be under the control of a responsible adult between the house and the kennel and back. He requested a report from the Animal Control Officer and Building Inspector. Mrs. Murdoch agreed with the recommendation but felt that if Mr. Delory inspected the kennel in the morning then the dogs could stay home, but be walked on a leash. If the kennel was found not to be secure, the dogs would go to the pound. Ms. Kuchinski recommended the dogs be confined to the house until the kennel is inspected. Dogs should be walked on a leash. Ms. Kuchinski was not comfortable placing a 12-year old dog in a pound. Mrs.
Nelson agreed with the recommends and would comply. If the kennel is not sufficient the dogs would be confined to the house until arrangements could be made.
MOTION by Jones, second by Murdoch that Precious and Poison be confined to the house at 22 Richard Road. They must be leashed and under the control of an adult while they go out to do their business. The Building Inspector and Animal Control officer to visit the property Wednesday morning to check the condition of the kennel and report to the Board of Selectmen. Roll Call – Kuchinski aye; Murdoch aye; McSweeney nay, Jones aye. Voted 3 – 1 (McSweeney).
If the kennel is not sufficient, the dogs will be confined to the house and the Board will meet on November 27, 2001 to discuss the matter. Mrs. Nelson was advised that if there is any negative feedback from the neighbors or the Animal Control officer, the dogs would be removed.
10:17 p.m. – Hearing ended
IV. One Day Liquor License Requests at Camp Kiwanee:
Marie Sullivan Carver High Faculty Holiday Party – Fri. 12/7/01 8 p.m. – 12 a.m.
Garrett Olsen 88 Cranberry Road, Pembroke – Wedding – Sat. 12/8/01 5 – 10 p.m.
MOTION by Jones, second by McSweeney to grant one-day liquor license to Marie Sullivan on December 7th at Camp Kiwanee. Voted 4 – 0.
MOTION by Jones, second by McSweeney to grant one-day liquor license to Garrett Olsen on December 8th at Camp Kiwanee. Voted 4 – 0.
V. Surplus Vehicle – Vote to declare 1986 Ford Econoline Van VIN 1FDKE3016GHA55676 as surplus.
MOTION by Jones, second by McSweeney to declare 1986 Ford Econoline Van VIN 1FDKE3016GHA55676 as surplus. Voted 4 – 0.
VI. Request from Halifax - Appointment of member to Plymouth County Water District Advisory Board. Ms. Kuchinski indicated that she had served in the past and would be willing to serve again. Requested a memo be sent to the Water Department to see if they were interested in appointing someone. Matter tabled until November 27th.
VII. Executive Secretary’s Report – Mr. Davis was not present but provided a memo to the Board regarding the meeting earlier in the day with Town Counsel and Baran Partners’ attorney. Baran to apply for the license no later than the end of January.
Mrs. Merry – Ms. Kuchinski recognized Mrs. Merry and informed her that she was not on the agenda. She must provide written documentation before she is placed on the agenda.
MOTION by Jones, second by McSweeney to adjourn. Voted 4 – 0.
10:30 p.m. Meeting adjourned.
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