The Marion Select Board called a special meeting held Monday afternoon to discuss a dog complaint filed by Fairhaven resident Miles Grant regarding a December 21, 2023, incident at Silvershell Beach in which his dog was bitten by an off-leash St. Bernard owned by Marion resident Verena Hultsch.

            Hultsch was unable to attend the meeting, so the board voted to postpone any decision until she and Grant agree to a date for a Dangerous Dog Hearing at which she will be given the opportunity to tell her side of the story.

            Upon Grant’s arrival at Monday’s meeting, board member Norm Hills recused himself from the discussion. Animal Control Officer Susan Connor, who responded to Grant’s complaint, also attended the meeting.

            A December 23 letter submitted by Grant outlined a December 21, 2023, incident in which he stated that he brought his eight-year-old, 55-pound, goldendoodle Harry to the dog group at Silvershell Beach.

            While halfway from the parking lot to the concession area, Grant said he and his dog were approached by a fully grown St. Bernard dog off leash and unaccompanied. When he went to greet the dog, it ran around him and attacked Harry. Grant said he kicked the St. Bernard several times, but after momentarily separation St. Bernard chased Harry behind the children’s sand pit near the edge of the parking lot and resumed its attack. Grant said it took several kicks to get the St. Bernard off his dog, which he said backed off only a few steps and stared at Grant.

            By then, he stated, Hultsch arrived and asked Grant if his dog had attacked her dog. Admittedly upset, Grant said he told Hultsch to remove her dog from the park and that Hultsch replied that her dog had never bitten another dog. Grant said he left immediately thereafter to bring his dog to safety as soon as possible.

            Grant told the Select Board that Harry had never bitten another dog nor been bitten. It wasn’t until the next morning that Grant discovered a puncture wound on his dog’s back and brought Harry to a clinic for repairs. On Monday, he showed the board member photos of the wound. He said the dog is now doing fine.

            Citing the fact Grant stated in his letter that he was filing the complaint as much for the owner as the dog, Select Board Chairman Toby Burr asked him, “If the owner had behaved any differently, would you have made a complaint?”

            “I don’t believe in bad dogs, I believe in bad owners. This dog was taken to a dog park and taken off leash … irresponsible,” said Grant. “If everything had gone down that way … I still would have been like, ‘will this person take the dog back (to the park) and do it again?’”

            Connor recommended that the St. Bernard be restrained on a leash at maximum length of 3 feet and be muzzled when off its owner’s property. Select Board member Randy Parker asked Grant if he found Connor’s recommendation reasonable, and he said it was.

            “The dog is immense, and it’s a miracle that it was not worse,” said Connor, who also told the board she had met the dog on May 19, 2023. “Prior to this incident, I encountered the dog at Washburn Park … was out of the truck and the dog was aggressively moving toward me, and I advised the owner that the dog is not suitable to be off leash. … At that time, she put the dog on a leash, but that was not related to any complaint.”

            Burr said he has spoken with others who frequent Washburn Park, and they told him there is nothing wrong with the St. Bernard.

            “That is what the owner contended,” said Connor. “In my opinion, it’s not safe to encounter a dog that’s aggressive to strangers. … I wouldn’t take my dog there, period. … It’s very difficult to have total control of your dog off leash, no matter how much training you have.”

            Referencing the euthanizing of a Marion dog at the Select Board’s order last year after an attack while out of state, Connor stressed the importance that whatever the restrictions decided by the board in this case, the owner must be thoroughly informed.

            “In other respects, it’s a well-mannered dog … probably is a nice dog. Unfortunately, the dog we ordered euthanized was a lovely dog,” said Connor. “Nobody wants to see a dog suffer for the rest of his life and be in a kennel … nobody wants to see a dog be euthanized or live a horrible life. Nobody wants to be in that situation.”

            Connor clarified that a Nuisance Dog hearing usually relates to property, while a Dangerous Dog hearing relates to a dog that under normal circumstances would harm another dog. Qualifying her recommendation, she said a dangerous dog should either be confined indoors or outdoors with a secure enclosure. They cannot be tied up.

            “I don’t recommend electric fences for a dangerous dog because the public has no way of knowing that the fence failed,” she said.

            The board agreed to postpone a decision until a public hearing can be scheduled.

Marion Select Board

By Mick Colageo

            Josiah Hatch will be allowed to fill the sinkholes behind the seawall on his property that were worsened by the December 21, 2023, storm.

            On February 14, the Marion Conservation Commission heard from Hatch, who filed a Request for Determination of Applicability to fill approximately eight sinkholes with aggregate and clean fill behind the seawall at his 184 Allen’s Point Road home. No work is planned for the seawall.

            Noting he was accompanied online by Steve Nicholson, his excavator and mason, Hatch outlined a process whereby Nicholson will apply layers of “loam tails” backed by fabric and compacted, then topsoil, grass and vegetation.

            “We’re hoping to do it as soon as possible because I don’t want to get another one of those storms that we had on December 21that wreaked havoc with the ground behind the seawall,” said Hatch. “Fortunately, there was no damage to the seawall, but my concern is if we get another storm, it’s got nothing behind it to hold it.”

            Conservation Commission Chairman Jeff Doubrava noted from his site visit that it looked like the seawall had been eclipsed by the December 21 water. Hatch said he’s been there since 2010 and this was the worst situation to date, putting 2 feet of water on his property in spots.

            Member Shaun Walsh wondered aloud how Natural Heritage received information on Hatch’s application because the agency does not weigh in on RDA applications.

            Conservation Agent Doug Guey-Lee advised that any time habitat is present, Natural Heritage looks to weigh in. Guey-Lee said priority habitat will influence his recommendation of filing with Natural Heritage.

            “It’s not an issue for us,” said Walsh, supporting a negative determination given the project is to fill in sink holes on what had been lawn. “I don’t think that should hold up our vote on this.”

            At Doubrava’s motion, the commissioners voted a Negative 2 determination, green-lighting Hatch’s plan.

            In other business, the commissioners approved Blankenship Trust, LLC’s request for a three-year extension permit to demolish a house at 468 Point Road.

            Walsh led a discussion of the Boatyard Park Boundary Survey, a 15-acre parcel behind the cove near A&J Boats where exists a diamondback terrapin sandy turtle nesting garden. Walsh said there is public access to the area off Point Road, but the area is not marked.

            “It’s a beautiful site. It’s open space, it’s just underutilized,” said Walsh, citing a lack of signage at the property bordering four, small private lots. “We don’t want people trespassing on property that is not owned by the town.”

            The solution he recommended is to hire a surveyor and signage to inform the public.

            Walsh said he submitted an application to the Community Preservation Committee for $7,100 in CPA funds, an amount he intends to increase to improve the signposts from metal to concrete when he goes back before the CPC Friday, March 8.

            CPC-recommended projects are subject to Town Meeting vote.

            In other business, the commissioners approved spending $150 each for Walsh and Guey-Lee to attend the Massachusetts Association of Conservation Commissions 2024 Annual Conference being held on Saturday, March 2, in Worcester.

            Finally, Doubrava publicly recognized board administrator Terri Santos in her final meeting with the commission. Santos is retiring but says she will be around.

            The Marion Conservation Commission was scheduled to meet on February 28 at 7:00 pm at the Police Station.

Marion Conservation Commission

By Mick Colageo