Shields v. Enzo

            The Marion Select Board met on Tuesday and began with the continued public hearing for the dog complaint concerning the dog Enzo at 116 Dexter Road, owned by Angela Brodeur. Vice-Chair John Hoagland said the board has received a record 15 letters from both sides of the argument. At the meeting, there were also discussions regarding the development at Heron Cove, various committee appointments, and updates regarding construction at the new Department of Public Works building and the Town House.

            Greg Corbeau, acting as legal counsel for the town at this meeting, started by explaining the process for the hearing regarding the dog complaint. He stated the complaint, sent to the town in a letter by Shields, says the dog in question is a nuisance or a possible danger. The original complaint regards a possible dog bite that occurred on August 22. The filer said the dog ran out and, unprovoked, lunged at and bit their “right buttocks and lower leg.”

            It was stated an altercation/argument ensued between the passerby and dog owner. They called the Marion Police Department within 5 minutes of the bite. The police referred the complaint to Animal Control. They also said, upon passing the home, the dog is frequently barking and behaving aggressively and anti-socially.

            The original filer was not present, so next, in defense of the dog, owner Angela Brodeur spoke with her two daughters present in the room. She stated her dog never bit the person in this instance and that it was instead the filer that instigated. “I would one-thousand percent bet everything I have that he did not bite her.” She also said the dog is “always on a leash.”

            She added that she contacted a trainer who purposefully agitated the dog but perceived no violent or aggressive reaction. “He’s not aggressive. He’s not a nuisance” she said, adding “I’m really frustrated by this.”

            The American Kennel Club also awarded Enzo a positive score and a ribbon on a behavioral evaluation, without the owner in the room. This evaluation showed reactions to both human and canine elements.

            As a witness under oath, neighbor Dorothy Daren spoke and stated she had heard loud and aggressive barking from her front porch at the time of the incident. Though she only heard Enzo in this instance, she stated she has passed the house and witnessed loud barking and growling from over the fence.

            The witness at 22 Wilson Road, who lives across the street, said he has 10 grandchildren who enjoy playing with the pup. “It’s a dog. Does it bark? Yea, but it’s not aggressive.”

            The Select Board then stopped hearing public comments and moved into internal deliberation. Legal counsel Corbeau said “you’ve heard two very different versions of events” and adding one side was a letter, and one was under oath.

            Chair Randy Parker said “I hope this is a one-off” adding he believes the owner has done their due diligence. He only recommended a possible probation period, which was agreed by the other members. A six-month probationary period was ordered, wherein any complaint levied against Enzo would be counted as a second offense.

            On to the next item, Chair of the Marion Zoning Board of Appeals Cindy Callow spoke of the development at Heron Cove. Callow cautioned against the proposals by Heron Cove Estates LLC to lower the density of the original proposal. She also recommended an open, joint-meeting between the two boards to discuss proposed changes in the development. Callow said, referring to the ZBA, “They are anxious to hear your comments.”

            “We’re gonna give ’em here tonight,” Parker responded. Hoagland, however, was in support of a separate joint-meeting. Member Norm Hills said he was indifferent to a separate meeting but believes any agreements regarding sewer or energy made by previous owners to the town. Parker and the Select Board said they’d go to the next scheduled ZBA meeting on Thursday, November 13 to discuss further.

            Andrew Daniel, Chair of the Planning Board, represented his board and their comments regarding Heron Cove. He and his board were in agreement with the Select Board’s comments that night. He added that he was concerned over zoning variances, to which Parker directed those concerns should be brought before the Town Council.

            “We have to do what’s best for the town we live in,” Callow concluded.

            Next, the Select Board granted two Water/Sewer Abatements: Saint Gabriel’s Parish at 30 Main Street and the Fellens at 70 Main Street. The request from the O’Briens at 6 Ichabod Road was postponed until comments and findings from the Department of Public Works are brought.

            For appointments, the Select Board approved Mary MacLeod to the Scholarship & Education Fund Committee, Jim Stewart as a Full Member of the Marine Resource Commission, Anita Allison as a Full Member of the Cultural Council, Deb Cohen as an Alternate Member of the Cultural Council, and Elizabeth Fallon as an Alternative Member of the Cultural Council.

            The board then, after years of deliberation, approved the sending of letters to local government delegates concerning overflow permitting.

            The board approved two committee charters: the 175th Anniversary Committee and the Fireworks Committee.

            Town Administrator Geoffrey Gorman gave an update on the Department of Public Works building, saying there are slight delays, but he expects furniture to start moving in by the end of the week, with move-ins occurring throughout November.

            Gorman said he recently walked through the Town House. He said framing has been completed with electrical and plumbing currently in the works. Overall, the project is going forward mostly as planned, although he said the attic of the Town House Annex may need sprinklers, which were not in the original plans. Nothing regarding that has been planned yet.

            After tackling numerous varying issues at their meeting, the members of the board then departed on a “field trip” to hold a lighting review at the Harbormaster Building.

            The next meeting of the Marion Select Board was not scheduled at adjournment.

Marion Select Board

By Sam Bishop

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