Town of Princeton, MA
BOARD OF SELECTMEN
Dog Hearing
February 14, 2011
The hearing was called to order at 5:10 PM. Present were Chairman Joe O’Brien, Raymond Dennehy, Edith Morgan and Town Administrator John Lebeaux.
Dog Hearing
Joe called the hearing to order at 5:10 pm pursuant to MGL Chapter 140, Section 157 for a complaint on a dog named Dakota. Joe explained the hearing process and asked any person planning to testify to raise their right hand and take an oath.
The board received a written complaint on January 12, 2011 from Mary Bolger, 25 Worcester Road, that a dog known as Dakota, owned by Philip Connors, 23 Worcester Road is a public nuisance by virtue of excessive barking.
Mary Bolger Testimony:
Mary Bolger provided a written contact log detailing attempts to resolve the barking dog issue. Mrs. Bolger stated that for almost a two year period, Dakota has been disturbing the peace in their neighborhood with excessive barking. Mary and her husband Jim tried to resolve the issue directly with Phil Connors, when that failed they complained through the non emergency police line seventeen times between July, 2010 and January 2011. She said Anne Littlefield of 27 Worcester Road also tried to resolve the problem by personally discussing the issue with Phillip Connors.
Jim Bolger Testimony:
Jim Bolger stated every time he leaves his house, whether it’s to go to his mailbox, or car, the dog barks loudly and excessively at him. He said he witnessed Dakota biting someone and is concerned there is a safety issue. The continuous barking has affected the quality of life and he would like to see appropriate measures taken to stop this behavior.
Anne Littlefield Testimony:
Anne stated she tried every possible way to resolve the issue to avoid the need for a dog hearing. At this point, she hopes the board can help with a final resolution.
Attorney Carrie Dolmat-Connell, Testimony on behalf of Phil Connors:
Attorney Dolmat-Connell stated only two complaints were received since Phil purchased a citronella collar for the dog as recommended by Animal Control Officer Louis Massa. The collar is used when the Connors are not at home. There is no evidence of a biting; this is not a vicious dog. She stated the Connors are responsible dog owners who have tried to appease their neighbors who seem to think there should be no barking at all. She said the dog does not bark more than you would expect of any dog since the collar was installed.
Copies of letters of support from Westside Animal Clinic, neighbors Gary & Vick Braunhardt and three caregivers for Mrs. Carol Connors were submitted.
Report from Animal Control Officer, Louis Massa
Louis provided a report of complaints from Mary & Jim Bolger and Anne Littlefield which began in June, 2010.
- In July, Louis recommended to Philip Connors a bark or citronella collar be used to control the excess barking. Phillip said he would look into it.
- In August, after the fourth complaint, Louis issued a $10 fine and a short time later, a $25 fine was issued.
- On August 31, Louis met with John Lebeaux and Phil Connors to talk about the complaints. Louise agreed to waive fines, if a citronella collar is purchased.
Phil purchased the collar and everything was fine until December 26.
- Louis said the citronella collar was not being used consistently. If it’s not working, the next step is a bark collar and obedience training.
Joe opened the hearing to questions from the public.
- Jim Bolger asked Louis if he considered the dog to be a nuisance. Louis said he did.
- Attorney Dolmat-Connell asked Louis what he considers to be a nuisance. Louis stated he believes twenty minutes of continuous barking to be a nuisance.
- There was discussion about the location of where the dog is tied up in relation to the neighboring property. Phil said Dakota is tied up on both sides of the house at different times.
- John asked what changed during the period the dog stopped barking between September and December, to cause it to be an issue again on December 26.
- It was suggested the collar may have lost its effectiveness and/or needed to be replenished with the citronella spray. Phil has purchased a new collar.
At 6:12 pm Raymond moved to close the public comment portion of the hearing and the board then deliberated and discussed the following:
- There is no evidence the dog is vicious.
- Neighbors deserve quiet enjoyment of their property.
- The new citronella collar may have a positive effect.
- Relocating where the dog is tied may help.
- Professional training and an electronic bark collar may be necessary.
Raymond moved that this situation pertains to Princeton Town Bylaws Chapter XII, Section 1(C), which defines public nuisance, and that the number of complaints defines the situation of excessive barking by the dog known as Dakota, residing at 23 Worcester Rd. Edie seconded. All in favor (3-0).
Findings of Fact:
- The board finds that the dog known as Dakota, residing at 23 Worcester Rd, is a public nuisance. The number of complaints indicates it is a fact.
- The report of the Dog Officer indicates it is a fact and testimony of Mary & Jim Bolger and Anne Littlefield are accepted as fact.
- Conversation has taken place between both parties and town employees to mitigate.
- Letters were received in support of Dakota.
Proposal to Resolve
The board asked the Connors family do the following under the direction of the Animal Control Officer:
- Continued and consistent use of citronella collar.
- If the citronella collar does not work, an electronic bark collar should be used.
- Obedience training subject to approval of the Animal Control Officer.
- If more than one complaint of excessive barking is received, the hearing will reconvene.
Louis will provide his recommendations to John. Phil was asked to contact Louis within seven days.
The board also suggests the Connors family confine the dog to north side of the house.
Joe stated that either party has the right to appeal to district court.
Raymond moved that the hearing will be continued in 90 days, or until such time the board sees fit. Edie seconded. All in favor (3-0).
The hearing was adjourned at 6:40 pm. All were in favor.
Respectfully Submitted,
__________________
Brenda Savoie
Administrative Secretary
Referenced Documents
Mary Bolger complaint contact log
Letters of support for the Connors family
Report of the Animal Control Officer
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