The owner of a dog that the Marion Board of Selectmen determined as dangerous during a recent dog hearing was denied her request to modify one of the orders selectmen issued pertaining to a securely enclosed outdoor locked pen or dog run.
Town Administrator Paul Dawson told selectmen on December 4 that Jennifer MacDonald, owner of a large dog involved in a prior dog attack that resulted in the death of another dog, sent an email asking if she could fence-in the backyard of her property instead of an enclosed pen with roof.
According to Dawson, MacDonald expressed that she has no intention of ever leaving “Stella,” a mastiff rescue dog, unsupervised outside in the fenced-in backyard.
Selectman Randy Parker, referring to the State’s dangerous dog laws, said it was unfortunate that the statute does not give guidance on an appropriate fence height for a dog enclosure, given that it mandates it should be enclosed by a roof.
“What bothers me a little bit is a ‘mesh fence,’” said Parker, which MacDonald references in her email. “I mean, this is a big dog.” He referenced the Town’s Zoning Bylaw that restricts fences to a maximum height of six feet, from which he said a dog of Stella’s size could probably escape. “When you take the roof away you don’t have any height restriction.”
To exceed the 6-foot maximum, MacDonald would have to appeal to the Zoning Board of Appeals.
Board of Selectmen Chairman Norm Hills pointed out that the order was issued to MacDonald “over a month ago” (October 16), saying, “I’m not sure if we want to negotiate.”
The board agreed that the language in the order, which selectmen took directly from the State’s statute, specified that the enclosure must have a roof for a reason. Also, any changes to an ensuing order would have to be done in another dog hearing at a subsequent date, which the board decided to forego.
“I guess I’m not inclined to change it,” said Hills.
“Nor am I,” Parker added.
“It’s also an issue of precedent,” said Selectman Jon Waterman.
Also during the meeting, satisfied with its job description and desired qualifications for the Department of Public Works director position, the board voted to post the position and open it to applicants until a cutoff date of December 21.
The board discussed this position as well as the one Dawson will leave vacant when he retires as town administrator in March of 2019.
Dawson cautioned the board to do its due diligence when devising a pay scale for the new DPW director due to the specific education and qualifications the board desires in a candidate.
The same goes for the town administrator position, Dawson said.
If you want to attract a qualified candidate and expect to keep them for any length of time, I think you’re going to have to be prepared (for a higher pay scale),” said Dawson.
The town administrator position, as well as selecting a professional recruiter to assist in finding a candidate, will be added to the agenda for the December 11 Board of Selectmen’s meeting.
The classification hearing with the Board of Assessors was continued a second time until another special meeting scheduled for December 11.
According to Dawson, the reason for the continued delay lies with the Department of Revenue in its process of approving the new property values.
“Finally, as of yesterday afternoon, the Department of Revenue has approved the values,” Dawson said. “We’re good to go, but not today,” he added, saying that once the DOR approves the values, a five-day notification period must follow.
The hearing will take place on December 11 at 4:45 pm at the Marion Town House.
The next regular meeting of the Marion Board of Selectmen has been scheduled for December 18 at 7:00 pm at the Marion Town House.
Marion Board of Selectmen
By Jean Perry