BOARD OF SELECTMENS’ MEETING
MAY 6, 2014
Chairman Story opened the meeting at 7:00 p.m. with the pledge of allegiance to our flag. In attendance were Selectmen Story, Bear, Walker and Mountain. Selectman Bulgaris was absent.
There were no Board or Committee reports and no Citizen’s Concerns. The dog hearings scheduled for 7 p.m. were delayed to allow for mediation with Chief Reilly and the ACO.
In accordance with Chapter 51 §15 of the MGL and on the recommendation of Town Clerk Haley, it was moved by Selectman Bear, seconded by Selectman Walker and voted unanimously to send a request to the Democratic Town Committee asking that they submit three names to be considered for appointment as Registrar of Voters to replace Edward Carpenter, deceased.
On the recommendation of Town Clerk Haley, Terry Litterst was appointed as an Election Worker thru December 2014 on a motion by Selectman Bear, seconded by Selectman Walker and voted unanimously.
A one-day liquor license for Samuel Johnson and N.S. Bartending for a wedding on June 14, 2014 from 6-10 p.m. @ SPLF was approved on a motion by Selectman Bear, seconded by Selectman Walker and voted unanimously.
A new business license (common victualler) for Garry Muratore d/b/a Plum Crazy @ 134 Northern Boulevard was approved on a motion by Selectman Bear, seconded by Selectman Walker and voted unanimously. This license is contingent on satisfactory inspections by all pertinent boards.
A one-day liquor license for Lisa Langevin and the Bartending Service of NE for a function @ PITA Hall on May 18, 2014 from 2-7 p.m. was approved on a motion by Selectman Bear, seconded by Selectman Walker and voted unanimously.
Chairman Story advised the Michelle Walsh of Middle Road would not be attending to discuss beaver issues. He noted she is going through the cycle of issues pertaining to the removal of beavers and is working with the Board of Health, a new trapper and DEP to resolve the problem.
A Chapter 90 reimbursement request for the Byfield Village Safety Improvement project was approved and signed on a motion by Selectman Walker, seconded by Selectman Bear and voted unanimously.
The minutes of the April 22nd meeting were approved as presented on a motion by Selectman Bear, seconded by Selectman Walker and voted unanimously.
Chairman Story advised he had received the finalized budget from Whittier and it was available for review.
Selectman Walker spoke on a grant for the introduction of eel grass in the estuaries. He noted the area has been inundated with green crabs which will hinder this application. DMF is aware of the problem and Senator Tarr is working on solutions. These crabs will eat anything, he noted, and the clammers have already noticed a problem with the growth of clams and the decimation of shellfish north of us. Unfortunately the Great Marsh is an incubator for this species.
Chairman Story noted that a kildeer nest has been fenced in on Manter Field to protect the nestlings. The fencing has been erected per Dave Taylor’s instructions.
Chief Reilly returned from mediation and advised that he was not successful. At 7:20 p.m. the first dog hearing Rose and dog Izzy vs. Martin was called to order. Izzy is a fifty pound boxer mix who resides at 223 Middle Road. Chairman Story noted the complaint was issued by Lori Martin of 186 Middle Road. A letter recounting the attack(s) was entered into the record. Michelle Howard a witness to the first attack by Izzy on Myles in June of 2013 also filed a statement. Helen Latham of Austin Lane, a passerby, was able to pull Izzy off Myles by the tail at that time. Izzy was quarantined and ordered to be kept tethered whenever outside. The second incident occurred when Lori’s husband Tom was
walking their four dogs by 223 Middle Road. Izzy broke off her tether and again attacked the Martin’s dog Myles (an 11 ½ year old Wheaten Terrier) causing several injuries that again required a trip to the veterinarian and antibiotics. The Martins stated that the only solution they were comfortable with was to keep Izzy fenced in on his property and muzzled and leashed under his owner’s control when being walked. Doreen Rose, owner of Izzy, apologized for the incidents. Unfortunately both incidents that occurred have been attacks on Myles. She advised that they had hired a licensed dog trainer (Melissa McCue-McGrath, CPDA-KT) who has identified Izzy’s behavior as “barrier aggression”, which can develop when a dog is contained or restrained. Izzy is a gentle sweet dog by nature and has never acted aggressively towards dogs or people except for Myles. Trainer Melissa has outlined a series of contingency plans to ensure the safety of residents and all dogs in the
area. Training involves follow-up appointments to insure progress and modify training as needed. Barrier/containment methods have not been advised for Izzy, therefore she will be under our complete control on a body leash at all times both in the yard and outside her home. We are confident we are making good progress with Izzy. Story asked if it was possible to fence in the back year. Rose explained there was no door to the back yard and a fence was not recommended by the trainer. Story noted that a muzzle has been recommended by the ACO. Selectmen Mountain and Walker stated they would be more comfortable with the body leash if Izzy was also muzzled when out in front of the house. ACO Larocque recommended a Baskerville muzzle be used. This type of muzzle allows for easy breathing and water consumption. It also
cannot be removed by the dog so there is no danger that the dog can bite if she gets loose. Larocque advised she would be willing to test Izzy’s training when completed by walking her dogs past the house. Selectmen Walker moved that when Izzy is outside the house she be under control of a body leash and wear a Baskerville muzzle at all times, seconded by Selectman Mountain and voted unanimously. The hearing was closed at 7:55 p.m.
The second dog hearing Dorazio (dog Trooper) vs. Tkaczek and Riley was called to order at 7:55 p.m. by Chairman Story. Gerard Riley, 17 Parker River Drive, reported on the problems that have been escalating since July 2013 involving Dorazio’s dog Trooper. Trooper a 100 pound two year old German Shepherd has repeatedly come onto the Riley property aggressively going after their dog Sammy and frightening his family. A screen door with the bottom portion ripped away was produced by Riley as damage caused by Trooper trying to get at his dog. Two days before Christmas my thirteen year old son had to chase Trooper out of our yard with a baseball bat, Riley advised. We now leave the bat on the front
porch for protection, Riley stated. Trooper’s kennel in on the lot line next to our pool and fire pit area and he barks incessantly. On Easter Sunday it was seven hours straight. When complaints were made to the ACO, Trooper’s owners retaliated with verbal threats and blasting heavy metal music towards our house. Riley stated he wanted the kennel moved away from his lot line and the dog muzzled and leashed when outside. If the harassment does not stop Riley threatened to seek legal recourse. Nick Dorazio, 19 Parker River Drive, owner of Trooper stated that Trooper is just a playful puppy He has taken steps including using a no-bark collar and creating barriers within his house so the dog can’t easily escape off leash. Riley noted he had little confidence that the dog won’t get loose again. Dorazio stated he is also in the
process of installing a chain-link fence with privacy screening in the back yard to enclose the kennel. The location of the kennel allows him easy access with Trooper and provides shade and protection from the elements. Dorazio advised he is a disabled vet and in the process of registering Trooper as a service dog. Kim Dorazio commented that the problem is really between the two wives as we do not get along. Several times during the hearing there were heated exchanges between the parties accusing each other of telling blatant lies and misinformation. Chief Reilly eventually reminded them to stop the cross examination and address their comments to the Selectmen. Dave Dorazio, owner of 19 Parker River Drive, commented from the rear of the room, “it is more of a cat fight than a dog fight”. Selectman Walker noted that issues like this on
neighboring property cannot happen. Chairman Story agreed with Walker that loss of control over the dog allows him to trespass on the neighbors property. An inquiry was made as to the completion of the fence. Dorazio advised the section on the property line is in place and he was unsure of a completion date as he was doing the work himself. Riley commented that the fence will not stop the barking and he would accept nothing short of moving the kennel. Dave Dorazio noted that the only place the kennel could be moved is the front yard as the back yard slopes off to conservation land. Selectman Walker said “keep it simple”. If the fence is in place, it will contain the dog and keep him on his own property. Selectman Mountain agreed that the first step is containment on the property and a strong 6’ leash and muzzle when off property. Walker commented that noise seems to be a bigger problem than the dog kennel. While the fence is a big expensive project, can
we assume Trooper will not go over the top? ACO Larocque advised that when Trooper is in the kennel he is secured by a heavy chain and adequate collar. The chain is attached to the kennel with a bolt. It was moved by Selectman Mountain, seconded by Selectman Bear and voted unanimously that when Trooper is outside on his property he will be in the kennel area on the chain and when off property he will be on a proper leash and Baskerville muzzle. A little time was given to see if the no-bark collar works to stem the barking problem. Tkaczek and Riley were advised that if the barking escalates, they were to call the ACO and the Board will reinvestigate the situation. Chairman Story admonished the feuding couples saying “you are neighbors and we all have to learn to get along. The hearing was closed at 8:40 p.m.
Selectman Mountain spoke briefly on EOEEA’s Dam and Seawall Repair and Removal grant funding program. He advised that this is no match grant that the town might use on both ends of town. Design work for breaching the Larkin Dam having the most potential. He was confident that an application could easily be put together and would put us in a position to be able to act swiftly if approved. Mountain and Taylor will work on the application and bring the information back to the board before submittal.
The meeting was adjourned at 8:47 p.m. on a motion by Selectman Mountain, seconded by Selectman Bear and voted unanimously.
Respectfully submitted,
Kathleen Sirois, Admin. Asst.
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