Selectmen’s Meeting Minutes
September 26, 2006
Present: Christopher Colclough, Mark Gallivan (late) Jesse McSweeney, James Egan and James Armstrong. Also present Town Administrator Michael Finglas and Executive Assistant Meredith Marini.
7:30 p.m. Chairman McSweeney called the meeting to order, lead the Pledge Allegiance and read the announcements and upcoming meeting schedule
Item I Old Business Assessor’s Classification Hearing ~ continued – Assessors Kathleen Marini and Dan Ward were present with Assessor Cindy Long. Mrs. Long informed the Board that the unused levy capacity is $5,376.25. The State has certified the tax rate at $9.38 per $1,000.00 and the tax bills will be sent out on Monday, October 2, 2006.
MOTION by Armstrong, second by Colclough to close the Classification Hearing. Voted 4 – 0.
Item II Licenses – One Day Liquor – Camp Kiwanee -
Wendy LaCivita of Bridgewater for Sun., Oct. 1st 12:00 p.m. to 5:00 p.m. for an anniversary;
Christina Meola of Weymouth for Sat. Oct. 21st 4:00 p.m. to 9:00 p.m. for a Wedding;
Professional Bartending of Middleboro for Fri., Oct. 27th 7:00 p.m. to Midnight for the Recreation Commission’s Costume Ball
Chris Huska of Hanson for Fri. Oct. 13th 7:00 p.m. to Midnight for a Surprise Birthday; and
Beth McDonough of Hanson for Sat., Oct. 14th 4:00 p.m. to 9:00 p.m. for a Wedding/
MOTION by Armstrong, second by Colclough to approve the One Day Liquor Licenses as printed on the agenda. Voted 4 – 0
Item III Town Administrator’s Report - Mr. Finglas reported that for period ending September 14, 2006 he signed Payroll Warrant 11 in the amount of $100,052.62; Expense Warrant 11 - $393,059.02; Expense 11A - $17,845.57; for period September 21, 2006 he signed Payroll warrant 12 in the amount of $105,308.66; Expense 12 - $30,244.21; Expense 12B $74,770.13; and Expense 12C - $18,171.10. Gift of Conservation Land – Mr. Finglas informed the Board that the Trustees of E.Y. Perry Trust have deeded approximately seven acres of land located at the corner of State and Brook Streets to the Town for conservation purposes. Conservation forwarded the offer of gift in November of 2004. The Commission has inspected the
property and recommended acceptance. Town Counsel has completed a title search and drafted the deed.
MOTION by Egan, second by Colclough to accept Parcel 12, on Map 96 as conservation land in accordance with Mass. General Law Chap. 40, Sec. 8C. Voted 4 – 0.
Bay Circle Trail – Mr. Finglas reported that he has granted permission to the trails committee to install informational kiosks along the Bay Circuit Trail at Camp Kiwanee, Town Hall, Town Forest, Crooker Place, PCH and Smith Nawazelski Conservation Area. Historical Commission Grant – Mr. Finglas informed that Board that the Historical Comm., through grant funding, put together a document “Discovering Hanson”, which catalogues where historical records of the Town are kept. The report is available for review in the Selectmen’s Office. Police Contract –Mr. Finglas indicated that the contract has been signed by the Police Union. He also indicated that the contracts for the Highway, Dispatchers, Professional
Administrators and the Fire Department have been sent out and is waiting for signed copies to be returned by each of the unions. Letter from Dept. of Agricultural Resources – Mr. Finglas reported that the Department of Agricultural Recourses has notified the Town of its intent to purchase, rent, sell or change Map 51, Lot 51 & Map 51-02, Lot 44. The property is located on the North side of Main Street between Elm Street & Franklin Street. This is all back land with no frontage. The Board requested the matter be Tabled for further information. Polling Hours - The Town Clerk has requested the Board set the Polling hours for the General Election on Tuesday, November 7, 2006 from 7:00 a.m. to 8:00 p.m. Voting will take place at the Maquan Elementary School on School
Street. MOTION by Egan, second by Armstrong to set the polling hours for the State Election from 7:00 a.m. to 8:00 p.m. Voted 4 – 0 DPW Creation – Mr. Finglas provided the Board with an organizational chart for the creation of a DPW.
7:45 p.m. Item IV New Business - Dog hearing – Sullivan 12 School St. – Chairman McSweeney announced that the Board received a request for a dog hearing regarding vicious dogs at 12 School Street. Notices were sent to the parties. Clerk James Armstrong swore in all the parties who would be testifying during the hearing.
MOTION by Egan, second by Armstrong to open the dog hearing. Voted 4 – 0
Chairman McSweeney turned the hearing over to the Town Administrator. Mr. Finglas reviewed the procedures of the hearing and introduced the complainant Maureen St. Croix of 16R School Street and Paul Sullivan of 38 Bonny Hill Road, who was representing his mother Mary Sullivan of 12 School Street, the dog owner. Mr. Finglas read Ms. St. Croix letter dated August 11, 2006 requesting the hearing.
“Dear Mr. Finglas, I am writing to request a viscous dog hearing concerning the Sullivan’s two German Shepherds. My dog and I were attached by them on the morning of August 9, 2006. My dog Lizzie sustained puncture wounds as a result. I am aware of at least three other incidents with other people and feel that it is time for some type of intervention. Please contact me at your earliest convenience. Sincerely, Maureen St. Croix 16R School Street, Hanson, Massachusetts 02341.”
Mr. Finglas then read the letter to Mrs. Sullivan dated September 13, 2006:
“Dear Mrs. Sullivan:
Please be advised that the Hanson Board of Selectmen has received several complaints regarding dogs owned or harbored by you causing the Animal Control Officer has been dispatched to your residents. He has attempted to resolve the issue to no avail. The Board has now received a formal request for a hearing. Accordingly, I have placed the matter on the Selectmen’s agenda for Tuesday, September 26, 2006 at 7:45 p.m. The Selectmen will be taking action pursuant to General Laws Chapter 140, Section 157 – Vicious or Barking Dogs, copy enclosed.
You will have an opportunity to present your case as well as have witnesses speak on your behalf. You or your representative must attend this hearing.
Yours truly, Michael W. Finglas, Town Administrator”
Ms. St. Croix, reading from a prepared statement, described the incident to the Board. She indicated that she was out for a run with her dog Lizzie. While passing the Sullivan’s home, the Sullivan’s dog came from nowhere, ran through the invisible fencing and attacked them, injuring her dog. She indicated that Scott Perkins, the caretaker at 12 School Street, tackled one of the dogs and the other ran off. Ms. St. Croix requested to speak with the owner, Mary Sullivan, but was not permitted to see her. Mrs. Sullivan’s son, Paul, did apologize and the Sullivan’s paid the veterinarian bills. Ms. St. Croix said that the Sullivan’s also offered her a gift certificate, which she felt was insulting.
Ms. St. Croix indicated that the Sullivan’s have subsequently erected a fence around the property. After hearing of other attacks, she decided to request a hearing. She pointed out that the area is a School Zone and she is concerned for the safety of the children in the area. She feels the dogs are uncontrollable.
Mr. Egan asked whether Ms. St. Croix was injured in the attacked. Ms. St. Croix explained that her dog, also a German Shepherd, stayed between her and Sullivan’s dogs. Ms. St. Croix’s dog sustained injuries.
Mr. Colclough inquired whether the Sullivan’s dogs were wearing the dog collars for the invisible fencing. Ms. St. Croix indicated that the dogs were wearing collars but did not know if they were the invisible fencing collars.
Animal Control Officer Bernard Delory read his report, a copy of which is attached to these minutes. Mr. Delory indicated that he five-foot chain link fence with double locks, which has been installed will keep the dogs secure. Mr. DeLory feels that the dogs are no longer a threat with this security. Mr. DeLory explained the procedures regarding dog bits. He indicated verbal quarantines are given for animal bites and a ten-day quarantine are for human bites. A report is filed with the Board of Health. He indicated that the Sullivan’s dogs were up to date on their rabies vaccines.
Mr. DeLory explained how the invisible fencing operates, emitting an electrical charge into the dog collar when the dog moves within a specified distance of the fencing.
Mr. Sullivan asked Mr. DeLory whether physicians notify him when a person is bitten. Notification is sent to the Board of Health.
Debbie Donaghey of 889 Winter Street testified on January 1, 2006 one of the Sullivan’s dogs bite her on the wrist, but it did not break the skin.
Terri Savage of 97 Maquan Street reported that in Fall of 2004, while walking her dog on a leash on the sidewalk in front of the Sullivan’s neighbors house and she was attacked by both Sullivan’s dogs. The dogs did not bite either her or her dog. She reported the incident to the Dog Officer, who indicated that he would speak with the Sullivans. She indicated that no one came out of the house to call the dogs off.
Debra McCarthy of 21 Rosewood reported that on seven occasions while walking her 80-pound German Shepherd she has been attacked by the dogs. She reported the incidents to the Police, who indicated they would contact the Dog Officer. Mrs. McCarthy reported that she is terrified to walk by the Sullivan residence.
Lori Russo of 350 Winter Street, was bitten in three places by the Sullivan’s dogs. She went to the doctor’s office after the incident. She reported at the time of the incident that she was walking on the opposite side of the street. The dogs charged across the street. They ripped through her coat, sweat shirt, turtle neck and jeans.
Mark Tanner of 16R School Street, Maureen St. Croix’s husband, reported that he not at home at the time of the incident, but he observed the wounds on his dog caused by the Sullivan’s dogs. His wife was very upset. The Sullivan’s dogs are very large. Mr. Tanner explained that their house is located behind the Sullivan’s property and accessed via an easement. They must pass by the Sullivan’s yard every time they leave or return. There is not other access to their home.
Paul Sullivan testified that the dogs are very large and deferred to Shirley Savage Cavicchi, who reported that Rex is 4 years old and weighs 80 pounds and Princess is 8 years old and weighs 110 pounds. Mr. Sullivan does not deny the incidents. The dogs belong to his mother. Mr. Sullivan reports that his mother regrets the incident. She has a great track record for safety and raised a family of 10 children. There are always children in the house and the dogs have not been a problem. His brother, who passed away this spring, had been responsible for the care of his mother and the dogs. Mr. Sullivan has just recently been involved with the care of the dogs. He reported that his brother had installed a pen for feeding the dogs and erected a fence on a portion of the
property.
Mrs. Sullivan has been trying to resolve the problem. The invisible fence was installed in April. After the most recent event, a five foot fence has been erected around the entire property. The family has hired a dog sitter, Shirley Savage Cavicchi to work on the dogs’ social skills. They have also retained Bob White who is an obedience trainer. He has been working with the dogs. Scott Perkins is the property manager and Ray Donelan is the real estate manager of Sullivan Brothers.
The Board inquired about the offer of a gift certificate. The caretaker, Scott Perkins of 22 Birch Street, Carver indicated that the gift certificate was his idea. He apologized if it offended Ms. St. Croix.
Mr. Armstrong inquired how Mr. Sullivan can assure the neighbors that an incident of this type will not happen again. Mr. Sullivan feels that the new five-foot chain link fence and wireless fencing will secure the dogs.
Mr. McSweeney inquired whether the dogs could jump the five-foot fence. Mr. Sullivan did not know and deferred to Mr. White. Mr. Sullivan provided photos showing the fencing of the yard. He has assurances from the invisible fence company that the dogs will be secure.
Bob White of 149 Robinson Street, Hanson indicated that the dogs have been signed up for training. He will be working with them in a social environment.
Shirley Savage Cavicchi of 131 Elm Street, Hanson indicated that she has been exercising the dogs since February. Mr. Sullivan’s brother, David, hired her to care for the dogs. She indicated that the dogs have never received any formal training and that they do jump on people. She does not find them aggressive. The dogs have never been aggressive to anyone when she has had them out walking.
Mr. Egan inquired why the dogs act aggressive. Mr. White indicated that it appears they may have territorial aggression. They are protecting their property.
Mr. Finglas informed the Board and the audience, as full disclosure, that he personally owns two German Shepherds one is 120 pounds and the other is 114 pounds and they in fact can jump a five foot fence. Mr. Finglas asked Mr. Sullivan why he would keep dogs that have drawn blood. Mr. Sullivan reiterated that the dogs are not his, but his mother’s and his mother loves the dogs.
MOTION by Egan, second by Colclough to close the hearing. Voted 4 – 0.
Mr. Finglas reviewed the Board’s options, which included finding whether or not the dogs are a nuisance by virtue of vicious disposition, barking or other disturbance and then deciding on an action if warranted.
Mr. Finglas recommended to the Board that, in light of all the information and evidence presented, the Board take the matter under advisement and make a decision at the next meeting.
Mr. Colclough was in favor of reviewing the evidence. Mr. Armstrong would like to view the property.
The matter was tabled until the next scheduled meeting on Tuesday, October 17, 2006 for a decision.
8:47 p.m. Brief Recess
8:50 p.m. Mr. Gallivan arrived.
8:55 p.m. Back in Session
Item V Old Business - Town Meeting Warrant – Vote Recommendations - The Board discussed the process for moving the articles. Mr. Gallivan to move and Mr. Colclough to second.
Article 1 Selectmen – Unpaid bills.
MOTION by Gallivan, second by Colclough to recommend. Voted 5 – 0
Article 2 Selectmen – Private Road By-law change.
MOTION by Gallivan, second by Colclough to recommend. Voted 5 – 0
Article 3 Selectmen – Fund Private Road repair.
MOTION by Gallivan, second by Colclough to recommend. Voted 5 – 0
Article 4 Highway – Vehicle Lift
MOTION by Gallivan, second by Colclough to recommend. Voted 5 – 0
Article 5 Highway – Traffic Light Upgrade
MOTION by Gallivan, second by Colclough to recommend. Voted 5 – 0
Article 6 Selectmen – Demo Plymouth County Hospital – The Board discussed the demolition of only the burned section of the hospital as the cost for the removal of the entire building is unknown at this time.
MOTION by Gallivan, second by Colclough to recommend. Voted 4 – 0 – 1 McSweeney
Article 7 Selectmen – Purchase the Grange – Mr. Finglas recommended that the Board Passover Article 7. The Board discussed the potential title issues and environmental hazards at the site. Mr. Armstrong would like to acquire the Grange for its historic value. Mr. Gallivan pointed out that a 21E evaluation would cost the Town money over an about the cost for the purchase. Mr. Colclough feels that this acquisition of real estate would be a gain.
MOTION by Gallivan, second by Egan to Passover Article 7, Voted 3 – 2 Colclough & Armstrong.
Article 8 Selectmen – Replenish Reserve Fund.
MOTION by Gallivan, second by Colclough to recommend. Voted 5 – 0
Article 9 Fire Chief – Replace Furnace
MOTION by Gallivan, second by Colclough to recommend. Voted 5 – 0
Article 10 Recreation – Water Front Project
MOTION by Gallivan, second by Colclough to recommend. Voted 5 – 0
Article 11 Selectmen – Creation of DPW
MOTION by Gallivan, second by Colclough to recommend. Voted 5 – 0
Article 12 Selectmen – Sell Lot 32 Woodbine
MOTION by Gallivan, second by Colclough to recommend. Voted 5 – 0
Article 13 Selectmen – Accept Tag Way
MOTION by Gallivan, second by Colclough to recommend. Voted 5 – 0
Article 14 Highway – By-Law pumping fine
MOTION by Gallivan, second by Colclough to recommend. Voted 5 – 0
Article 15 Highway – Add fine to Schedule
MOTION by Gallivan, second by Colclough to recommend. Voted 5 – 0
Article 16 Building Inspector – Change height for fencing around pools. The board discussed the By-law committee comments and the fact that the current by-law is more strict than the State regulation.
MOTION by Gallivan, second by Colclough to recommend. Voted 3 – 2 Egan & Armstrong
Article 17 Building Inspector – Pool Alarm – The Board discussed further the By-law Committee’s recommendation. Mr. Finglas pointed out that Mr. Kirby will not be a Town Meeting to explain the article.
MOTION by Gallivan, second by Colclough Not to recommend. Voted 5 – 0
Article 18 Planning – Accept Chapter 39, Section 23D.
MOTION by Gallivan, second by Colclough to recommend. Voted 4 – 1 Egan
Article 19 Elder Affairs – Add 3 alternates
MOTION by Gallivan, second by Colclough to recommend. Voted 5 – 0
Article 20 Elder Affairs – Add Vice-Chairman
MOTION by Gallivan, second by Colclough to recommend. Voted 5 – 0
Article 21 Zoning By-Law – In-law Apartments
MOTION by Gallivan, second by Colclough to Refer to Town Meeting. Voted 5 – 0
Article 22 Zoning By-Law – In-law apartments definitions
MOTION by Gallivan, second by Colclough to Refer to Town Meeting. Voted 5 – 0
Article 23 Zoning By-Law – Sign by-law
MOTION by Gallivan, second by Colclough to Refer to Town Meeting. Voted 5 – 0
Article 24 Zoning By-Law – Word change - Required
MOTION by Gallivan, second by Colclough to Refer to Town Meeting. Voted 5 – 0
Article 25 Zoning By-Law – Temporary Signs
MOTION by Gallivan, second by Colclough to Refer to Town Meeting. Voted 5 – 0
Article 26 Zoning By-Law – Temporary signs definition
MOTION by Gallivan, second by Colclough to Refer to Town Meeting. Voted 5 – 0
Item V I Committee Reports – Phoenix Committee – Mr. Egan reported that the committee is alive and well. They are focusing on a few specific issues. They have not yet organized.
MOTION by Gallivan, second by Colclough to adjourn. Voted 5 – 0
9:55 p.m. Meeting Adjourned.
Respectfully Submitted,
Meredith Marini
Approved 10/24/06 Voted 4 – 0
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