October 21, 2024

“Mr. Handler moved to close the evidentiary portion of the Public Hearing. Seconded by Mr. Piekarski. Vote: 4:0 in favor. Motion carried.” (Motion: Handler, second: Piekarski)

Read it in the official minutes, page 6 (PDF)

“Mr. Piekarski moved that the Board deem Chipper, a two year old intact female and Pookie, a two year old intact female, to be dangerous due to the significant and unprovoked injuries they caused in the incident involving their neighbors' dog on September 5, 2024. Also, to go along with the Animal Control Officer's recommendation that the dogs be confined to the premises of the keeper of the dogs, provided that confined shall mean securely confined indoors or confined outdoors in a securely enclosed and locked pen or dog run area upon the premises of the owner or keeper within the fenced in yard. Provided further that such pen or dog run shall have a secure roof and if such enclosure has no floor secured to the sides, therefore the sides of the fencing shall be embedded into the ground for not less than two feet. Provided further that within the confines of such pen or dog run, a dog house or proper shelter from the elements shall be provided to protect the dogs and that once in place, be inspected by the Animal Control Officer. Additionally, when the dogs are removed from the premises of the owner or the premises of the person keeping the dogs, the dogs shall be securely and humanely muzzled with a basket style muzzle so the dogs are able to pant and drink through the muzzle and restrained with a chain or other tethering device having a minimum tensile strength of 300 pounds and not exceeding three feet in length. Additionally, unless the owner or keeper of the dog provide evidence that a veterinarian is of the opinion that the dog is unfit for alteration because of medical condition, the owner of keeper of the dogs shall cause the dogs to be altered, spayed, neutered, so that the dogs shall not be reproductively intact. Further, in accordance with the Town of Harwich Animal Control By-law Chapter 26-2 and 3, Florence Edwards must keep the rabies vaccination current for each dog and ensure that both dogs are licensed annually in the town where they are kept. It is recommended that the owner have no more than 45 days to comply with such order. Seconded by Mr. MacAskill. Mr. Handler commented to Atty. Costanzo and Officer Harrington that he sees a tremendous need for homeowners insurance. He commented that it is not the Board's problem that the insurance company will not insure, that is the owner's problem. He sees the need for a homeowners policy stating that there are two German Shepherds on the property. He has that insurance himself and asked Officer Harrington if she knows that there is a homeowners policy that states that there are two German Shepherd's on the property. Officer Harrington replied that she does not. Ms. Kavanagh commented on a previous incident when the Board deemed one dog not dangerous. She noted that if they deem the dogs dangerous, they cannot be surrendered. Officer Harrington replied that, on the case that Ms. Kavanagh referred to, she had recommended the surrender because that dog had not bitten. These dogs have both bitten. Once they are deemed dangerous, in the State of Massachusetts, it follows them for life. Mr. Handler requested that the stipulation of homeowners insurance stating that there are two German Shepherds on the property, be added to the motion. Ms. Kavanagh agreed that the homeowners insurance stipulation be added. She added that the separate incident stays outside of these recommendations in terms of reimbursement. She stated for clarification that anytime somebody's dogs are attacking your dog or any other animal on your property, she would expect that there would be communication about the vet bills and reimbursement. Officer Harrington noted that it was brought to Ms. Edwards attention when she went for the quarantine, that the dog was seriously injured and did go to the emergency hospital and did need surgery. Ms. Edward was aware of the vet bills. Mr. Handler asked what it would look like if they didn't go with the Officer's recommendation and leaned more towards a surrender. Officer Harrington replied that it would depend on where the dogs were surrendered. Rescues and shelters would not place them up for adoption with a bite history and the dogs would be euthanized. Mr. MacAskill commented that in the last case, Officer Harrington had worked with the owner of the dog and the owner of the dog was willing to surrender and ultimately that happened. Page 9 of 23 2 Officer Harrington stated that one of the dogs was placed up for adoption and was adopted. The bite dog was euthanized. Mr. MacAskill stated that the recommendation is good and he agrees they should add insurance to it. The owners should contemplate whether or not they should be keeping the dogs and work through the Animal Control Officer. He commented on previous dangerous dog hearings and with one of them the dogs got out and dragged a 75 year old lady down the road. Those dogs ended up out of state after the fact. Officer Hatrington added that they were removed without permission. They went on to attack other people in another state. Mtr. MacAskill implored Ms. Edwards to think about her dogs and neighborhood, the feelings of her neighbors and then make the right decision for the dogs. Officer Harrington stated that if the Edwards' want to work with her in placing the dogs, she can help with placing the dogs. It is a liability if the dogs do bite again. She commented that she believes that with proper training and in the right home where they are getting proper exercise, that they are not bad dogs, they are in the wrong home. They need to be with somebody who has the time to work with them, train them and exercise them. They do not need a trainer who is going to come from California to do one visit in his recognition fame on his Facebook and TikTok accounts. They need a local trainer who can work with them here on out if they plan to keep the dogs. Ms. Kavangh asked Atty. Costanzo how that would look in terms of working with Officer Harrington. Atty. Costanzo noted that if the Board does deem either or both of the dogs dangerous, there are certain statutory remedies that the Board can order. She commented that they cannot deviate from those remedies, ordering training is not one of the laid out remedies enumerated in the statute. If the Board does deem the dogs to be nuisance dogs, there is more flexibility in what the Board can do. She reminded the Board that if the Board orders the dogs dangerous, it cannot order the them to be removed from the premises or taken outside of Town. Mr. Handler asked Mr. Piekarski to consider modifying the motion to include insurance. Atty. Costanzo stated that the Board can require that the owner or keeper, document proof of no less than $100,000 insurance for claims resulting from intentional or unintentional acts of the dogs. If insurance cannot be obtained, they would have to provide proof of reasonable efforts to obtain such a policy. Mr. Piekarski amended his motion as stated by Counsel. Seconded by Mr. MacAskill. Vote: 4:0 in favor. Motion carried.” (Motion: Piekarski, second: MacAskill)

Read it in the official minutes, page 7 (PDF)

“Mr. MacAskill moved to approve a Stormwater Permit application for an eight (8) lot subdivision plan "1594 & 1598 Orleans Road" located off Orleans Road, Assessors Map 107, Parcel S2-1 & $2-2, with the conditions. Seconded by Mr. Handler. Vote: 4:0 in favor. Motion carried.” (Motion: MacAskill, second: Handler)

Read it in the official minutes, page 11 (PDF)

“Mr. MacAskill moved that the Board place Article Town Officers & Committees in the 2025 Annual Town Meeting Warrant. Seconded by Mr. Handler. Vote: 4:0 in favor. Motion carried.” (Motion: MacAskill, second: Handler)

Read it in the official minutes, page 14 (PDF)

“Mr. MacAskill moved that the Board place Article Reports of Officers & Committees in the 2025 Annual Town Meeting Warrant. Seconded by Mr. Handler. Vote: 4:0 in favor. motion carried.” (Motion: MacAskill, second: Handler)

Read it in the official minutes, page 14 (PDF)

“Mr. MacAskill moved that the Board place Article Defray Library Expenses in the 2025 Annual Town Meeting Warrant. Seconded by Mr. Handler. Vote: 4:0 in favor. Motion carried.” (Motion: MacAskill, second: Handler)

Read it in the official minutes, page 14 (PDF)

“Mr. MacAskill moved that the Board place Article Promote the Town of Harwich in the 2025 Annual Town Meeting Warrant. Seconded by Mr. Handler. Vote: 4:0 in favor. Motion carried.” (Motion: MacAskill, second: Handler)

Read it in the official minutes, page 14 (PDF)

“Mr. MacAskill moved that the Board place Supplemental Cultural Council in the 2025 Annual Town Meeting Warrant. Seconded by Mr. Handler. Vote: 4:0 in favor. Motion carried.” (Motion: MacAskill, second: Handler)

Read it in the official minutes, page 15 (PDF)

“Mr. MacAskill moved that the Board place Herring Fisheries in the 2025 Annual Town Meeting Warrant. Seconded by Mr. Handler. Vote: 4:0 in favor. Motion carried.” (Motion: MacAskill, second: Handler)

Read it in the official minutes, page 15 (PDF)

“Mr. Piekarski moved to approve two Special Permit Applications for one day wines and malt permits for Joe Young IV, Big Sound Productions, LLC - Events to be held on November 18, 2024, from 6:00 p.m. to 9:00 p.m. & November 19, 2024, from 2:00 p.m. to 5:00 p.m. at 204 Sisson Road. Seconded by Mr. MacAskill. Vote: 4:0 in favor. Motion carried.” (Motion: Piekarski, second: MacAskill)

Read it in the official minutes, page 15 (PDF)

“Mr. Piekarski moved to approve the committee recommendations from the Select Board Interview Committee: 1, Pamela Oldenburg - Harwich Accessibility Rights Committee -Term to expire 6/30/2026 2. Julia Quinn - Harwich Accessibility Rights Committee - Term to expire 6/30/2027 Seconded by Mr. MacAskill. Vote: 4:0 in favor motion carried.” (Motion: Piekarski, second: MacAskill)

Read it in the official minutes, page 16 (PDF)

“Mr. Piekarski moved to appoint the Town Administrator as Hearing Officer and to conduct a Public Hearing for alleged liquor license violations that occurred on October 13, 2024, at The Lucky Labrador, Inc. d/b/a Perks., 545 Route 28. Seconded by Mr. MacAskill. Vote: 4:0 in favor. Motion carried.” (Motion: Piekarski, second: MacAskill)

Read it in the official minutes, page 16 (PDF)

“Mr. Handler moved to vote to approve the Select Board Policy Budget Statement FY26 as presented in the packet with the edit of Housing Advocate in place of Housing Coordinator. Seconded by Mr. MacAskill. Vote: 4:0 in favor. Motion carried.” (Motion: Handler, second: MacAskill)

Read it in the official minutes, page 21 (PDF)