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Pepperell Select Board · 2022–2023 Board · Meeting night

August 22, 2022

2 meetings this evening, 9 recorded votes in all, in the order they were held.

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Pepperell Select Board · Special meeting

Sources: Official minutes (PDF) · Agenda

Attendance

Note on these minutes: The attendance list does not include Tony Beattie, who is counted absent.

Present: Mark Mathews, Chuck Walkovich

Absent: Tony Beattie

3 recorded votes, 1 with disagreement. This meeting on its own page

2.1 Continuance of Select Board Public Hearing - Determination of Dog Dangerousness

Open the public hearing

Minutes, page 1

ProceduralPassed · Unanimous, 2 present

Mr. Mathews motioned to open the public hearing and Mr. Walkovich seconded. Mr. Mathews read into record the purpose of the public hearing is to determine whether a dog is a dangerous dog pursuant to Massachusetts General Law, Chapter 140, Section 157. This hearing is a continuance from August 9, 2022 where the Board unanimously voted to deem Blu a dangerous dog and voted to continue the public hearing to August 22, 2022 at 5:00 PM at Town Hall, Conference Room A to allow time to confer with Town council on how much latitude the Board has on MGL Chapter 140, Section 157.

From the minutes

“Mr. Mathews motioned to open the public hearing and Mr. Walkovich seconded. Mr. Mathews read into record the purpose of the public hearing is to determine whether a dog is a dangerous dog pursuant to Massachusetts General Law, Chapter 140, Section 157. This hearing is a continuance from August 9, 2022 where the Board unanimously voted to deem Blu a dangerous dog and voted to continue the public hearing to August 22, 2022 at 5:00 PM at Town Hall, Conference Room A to allow time to confer with Town council on how much latitude the Board has on MGL Chapter 140, Section 157..” (Motion: Mathews, second: Walkovich)

Read it in the official minutes, page 1 (PDF)

Continuance of Public Hearing - Determination of Dog Dangerousness

Impose sanctions on a dog found dangerous (confinement, restraint, insurance, identification, alteration and training)

Minutes, page 1

Adopt orderPassed · No count or names in the minutes

After examination under oath of the ACO and other persons at the public hearing and based on credible evidence provided, the Board voted to take the following actions. On a motion made by Mr. Mathews and seconded by Mr. Walkovich it was motioned to propose the following sanctions: (1) that the dog be confined to the premises of the keeper of the dog; provided, however, 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. This can be a locked fenced area with the sides shall be embedded into the ground for not less than 2 feet; and the height of the fence to be at least six feet above the ground surface. 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 dog. The owner has sixty days (October 21, 2022) to complete this fence or must provide evidence to the Animal Control Officer as to their intent and scheduled installation date. Until the time of completion of the fenced in area, the dog will be humanely restrained; provided, however, that no order shall provide that a dog deemed dangerous be chained, tethered or otherwise tied to an inanimate object including, but not limited to, a tree, post or building; (2) that when removed from the premises of the owner or the premises of the person keeping the dog, the dog shall be restrained with a chain or other tethering

The minutes say “the Board voted to take the following actions” and then give the motion; they give no count, so we show the result only.

From the minutes

“After examination under oath of the ACO and other persons at the public hearing and based on credible evidence provided, the Board voted to take the following actions. On a motion made by Mr. Mathews and seconded by Mr. Walkovich it was motioned to propose the following sanctions: (1) that the dog be confined to the premises of the keeper of the dog; provided, however, 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. This can be a locked fenced area with the sides shall be embedded into the ground for not less than 2 feet; and the height of the fence to be at least six feet above the ground surface. 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 dog. The owner has sixty days (October 21, 2022) to complete this fence or must provide evidence to the Animal Control Officer as to their intent and scheduled installation date. Until the time of completion of the fenced in area, the dog will be humanely restrained; provided, however, that no order shall provide that a dog deemed dangerous be chained, tethered or otherwise tied to an inanimate object including, but not limited to, a tree, post or building; (2) that when removed from the premises of the owner or the premises of the person keeping the dog, the dog shall be restrained with a chain or other tethering device having a minimum tensile strength of 300 pounds and not exceeding 3 feet in length; (3) that the owner or keeper of the dog provide proof of insurance in an amount not less than $100,000 insuring the owner or keeper against any claim, loss, damage or injury to persons, domestic animals or property resulting from the acts, whether intentional or unintentional, of the dog or proof that reasonable efforts were made to obtain such insurance if a policy has not been issued; provided, however, that if a policy of insurance has been issued, the owner or keeper shall produce such policy upon request of the hearing authority or a justice of the district court; and provided further, that if a policy has not been issued the owner or keeper shall produce proof of efforts to obtain such insurance; (4) that the owner or keeper of the dog provide to the licensing authority or animal control officer or other entity identified in the order, information by which a dog may be identified, throughout its lifetime including, but not limited to, photographs, videos, veterinary examination, tattooing or microchip implantations or a combination of any such methods of identification; (5) that unless an owner or keeper of the dog provides evidence that a veterinarian is of the opinion the dog is unfit for alterations because of a medical condition, the owner or keeper of the dog shall cause the dog to be altered so that the dog shall not be reproductively intact; (6) that the owner shall provide proof of dog training to the ACO by November 30, 2022. The behavior modification training for animal aggression shall include the dog and all his handlers..” (Motion: Mathews, second: Walkovich)

Read it in the official minutes, page 1 (PDF)

3. ADJOURNMENT

Adjourn

Minutes, page 2

ProceduralPassed · Unanimous, 2 present

On a motion made by Mr. Mathews and seconded by Mr. Walkovich, it was unanimously voted to adjourn the meeting at 5:46 PM.

From the minutes

“On a motion made by Mr. Mathews and seconded by Mr. Walkovich, it was unanimously voted to adjourn the meeting at 5:46 PM..” (Motion: Mathews, second: Walkovich)

Read it in the official minutes, page 2 (PDF)

Pepperell Select Board · Regular meeting

Sources: Official minutes (PDF) · Agenda

Attendance

Present: Mark Mathews, Tony Beattie, Chuck Walkovich

Absent: None

6 recorded votes, 1 with disagreement. This meeting on its own page

3. CONSENT AGENDA

Accept the consent agenda items as presented in the packet

Minutes, page 1

ApprovePassed · Unanimous, 3 present

On a motion made by Mr. Walkovich and seconded by Mr. Beattie, it was unanimously voted to accept the consent agenda items as presented in the packet.

From the minutes

“On a motion made by Mr. Walkovich and seconded by Mr. Beattie, it was unanimously voted to accept the consent agenda items as presented in the packet..” (Motion: Walkovich, second: Beattie)

Read it in the official minutes, page 1 (PDF)

4. APPOINTMENTS / RESIGNATIONS

Appoint Mr. McCaffery to the Zoning Board of Appeals with the term to expire on June 30, 2025. 2-0 Mr. Beattie voted nay

Minutes, page 1

AppointPassed · 2–0

On a motion made by Mr. Walkovich and seconded by Mr. Beattie, it was voted to appoint Mr. McCaffery to the Zoning Board of Appeals with the term to expire on June 30, 2025. 2-0 Mr. Beattie voted nay.

The minutes give the count as 2-0 but name Tony Beattie (no), which does not add up with the 3 members present. Showing the count only.

From the minutes

“On a motion made by Mr. Walkovich and seconded by Mr. Beattie, it was voted to appoint Mr. McCaffery to the Zoning Board of Appeals with the term to expire on June 30, 2025. 2-0 Mr. Beattie voted nay..” (Motion: Walkovich, second: Beattie)

Read it in the official minutes, page 1 (PDF)

5. DISCUSSION / ACTION ITEMS

Approve Select Board Special permit for 1-5 Tucker Street for a Commercial Kennel in the Commercial District with the following restrictions: a) There shall not be any boarding of animals on the...

Minutes, page 2

ApprovePassed · Unanimous, 3 present

On a motion made by Mr. Mathews and seconded by Mr. Walkovich, it was unanimously voted to approve Select Board Special permit for 1-5 Tucker Street for a Commercial Kennel in the Commercial District with the following restrictions: a) There shall not be any boarding of animals on the property with the exception of the occasional documented immersive overnight training. b) This permit is to be reviewed August 2023.

From the minutes

“On a motion made by Mr. Mathews and seconded by Mr. Walkovich, it was unanimously voted to approve Select Board Special permit for 1-5 Tucker Street for a Commercial Kennel in the Commercial District with the following restrictions: a) There shall not be any boarding of animals on the property with the exception of the occasional documented immersive overnight training. b) This permit is to be reviewed August 2023..” (Motion: Mathews, second: Walkovich)

Read it in the official minutes, page 2 (PDF)

Approve Select Board Special Permit for 112-114 Main Street for an Animal Clinic or Hospital or Commercial Kennel in the Commercial District with the following restrictions: a) There shall not be...

Minutes, page 2

ApprovePassed · Unanimous, 3 present

On a motion made by Mr. Mathews and seconded by Mr. Walkovich, it was unanimously voted to approve Select Board Special Permit for 112-114 Main Street for an Animal Clinic or Hospital or Commercial Kennel in the Commercial District with the following restrictions: a) There shall not be any boarding of animals on the property.

From the minutes

“On a motion made by Mr. Mathews and seconded by Mr. Walkovich, it was unanimously voted to approve Select Board Special Permit for 112-114 Main Street for an Animal Clinic or Hospital or Commercial Kennel in the Commercial District with the following restrictions: a) There shall not be any boarding of animals on the property..” (Motion: Mathews, second: Walkovich)

Read it in the official minutes, page 2 (PDF)

5.5 Nashua River Rail Trail Memo

Endorse the letter from the Friends of the Nashua River Rail Trail

Minutes, page 3

ApprovePassed · Unanimous, 3 present

On a motion made by Mr. Beattie and seconded by Mr. Walkovich, it was unanimously voted to endorse the letter from the Friends of the Nashua River Rail Trail.

From the minutes

“On a motion made by Mr. Beattie and seconded by Mr. Walkovich, it was unanimously voted to endorse the letter from the Friends of the Nashua River Rail Trail..” (Motion: Beattie, second: Walkovich)

Read it in the official minutes, page 3 (PDF)

7. ADJOURNMENT

Adjourn

Minutes, page 3

ProceduralPassed · Unanimous, 3 present

On a motion made by Mr. Walkovich and seconded by Mr. Beattie, it was unanimously voted to adjourn the meeting at 9:25 PM.

From the minutes

“On a motion made by Mr. Walkovich and seconded by Mr. Beattie, it was unanimously voted to adjourn the meeting at 9:25 PM..” (Motion: Walkovich, second: Beattie)

Read it in the official minutes, page 3 (PDF)

From the Pepperell Select Board’s official minutes, posted in the town’s Agenda Center (Select Board). We check every vote against the Select Board members present and quote the exact wording. MassVoter never grades or scores officials. Photos: Tony Beattie from his campaign website (Anthony Beattie for Pepperell Selectman); Mark Mathews from the Nashoba Valley Voice / Lowell Sun (April 30, 2021). No photo found for Chuck Walkovich.

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