===OCR macOS Vision===
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Board of Selectmen present: Jamie Toale, Chairman; Damon McQuaid, Vice Chairman;
Phyllis Luck, Clerk; Katey Adams, Member
Others present: Senator Dean Tran, House Representative Jennifer Benson, House
Representative Stephan Hay, Kathleen Comeau, Animal Control Officer; Sergeant Joshua Tocci,
Jeremy Cohen, Boston Dog Lawyers; Suzanne Thibodeau, Alan Clapp, Pam Porter, Steve
Mullaney, Richard Stepton, Nancy Foss Yasko
School Committee members present: Heather Sroka, Meredith Weiss, Jim LaVeck, Carol
Archambault, Wendy Bertrand
Cemetery Commissioners present: Bill Tyler, Lorraine Mendoza
The meeting opened at 7:00 p.m. with the Pledge of Allegiance.
Mr. Toale stated in accordance with the requirements of the Open Meeting Law, please be
advised that this meeting is being recorded and broadcast over the Lunenburg Public Access
channel. He announced Town Manager Lemieux was not present tonight due to her airline flight
back to Massachusetts being cancelled due to bad weather.
PUBLIC COMMENT:
Ms. Luck announced burning permits are now available for residents. You can either go to the
Fire Department or purchase one online at http://www.massfire.net/brush/lunenburg.php
Burning is allowed until May 1st
Presentation by Senator Dean Tran, Representative Jennifer Benson, and Representative
Stephan Hay of FY19 State funding for Turkey Hill Asbestos Abatement
Senator Tran thanked the Board for having himself and Representatives Benson and Hay here
tonight. Representative Benson thanked Senator Tran for taking the lead on this effort.
Representative Hay stated this is one more example of the House and Senate working together.
He thanked Senator Tran also and congratulated the Town.
Mr. Toale invited the delegation and the School Committee members to the stage for photos with
the oversized $130,000 check to the Town. The funding will go towards the asbestos abatement
at Turkey Hill Elementary School. Mr. Toale thanked the delegation for helping the town with
their capital needs.
Dangerous Dog Public Hearing: - Owner Susan Thibodeau- 54 Broadmeadow Drive
Mr. Toale reviewed the hearing procedure aloud for those present.
He asked anyone involved with the hearing to step forward. Animal Control Officer Kathy
Comeau, Sgt. Tocci and Mr. Stepton were sworn in.
===PAGE 2===
can't be loose and they are watched at all times.
Richard Stepton, 131 White Street, stated he walks his dog, Abbie, every day around 4:00 a.m.
I was walking up the hill as I have for the last 10-12 years and I noticed a flashlight at the top of
the hill. It looked kind of weird at first and it kept on blinking, so I knew something was going
on and I tried to get my dog off to the left. A woman, as it turns out, came down with her dogs
and they knocked her down as they pulled her to the ground with the leash. They jumped on me
to get at my dog. I guess I was up and down, but the basic position I was in was on my stomach
with my dog on my left and the other two dogs up and down and I was trying to break my dog
away from them. I remember a couple of times calling out "they are trying to kill my dog." I just
kept on pushing and pushing and all of the sudden I whacked her free out of her harness and she
ran away. I got up and quite frankly, I was staggering around a bit. I picked up my keys, my hat
and my clogs and went to go find her. I was walking down the hill and I kept on calling her
name. I got home and I was going to get in my car and go look for her but she was on the porch
on the second floor where I live. I tried to get her to come with me and she was really hurt. She
was bleeding all over the place, as was I. I finally got her into the car and I remember my
neighbors telling me they heard her scream when I tried to pick her up and they knew something
was wrong. I drove her to the Westminster Animal Hospital. This was about 35-40 minutes after
all of this happened. The veterinarian told me she had looked her over and I had saved her lite.
She was very near death as she is a very small dog and they asked me what kind of dogs attacked
her. I said I don't know, I've never seen them. But they seemed like they were little bulldogs. As
it turns out that was pretty accurate. So, after I bled all over the veterinary hospital, they told me
I better go to the hospital. I went to the emergency room at Leominster Hospital and three hours
later I was discharged. I had three stitches on my lower leg. It didn't hurt but it was near a vessel
or something so it bled all over the place. I got one stitch in either hand and I counted my bite
marks and there were probably upwards of 50 bites. My hands were swollen and almost
inoperable for two weeks while I took care of her (Abbie). They said there was a good chance
that both of us would get infections, but we didn't. I guess as it turns out, we were pretty lucky.
There were no witnesses; it was four o'clock in the morning. First thing I did was ask her if she
needed any help because they (the dogs) pulled her right to the ground.
Ms. Luck asked when she fell to the ground, did she let go of the leash? Mr. Stepton said she had
to; when she fell to the ground, she tried to pull... I heard her one time say no or stop. But I was
so concerned about my dog being eaten alive by these dogs... I don't know what causes that, I
think it's the blood and instinct kicked in. Ms. Luck asked, so she was totally not in control of
her dogs? Mr. Stepton replied when I said, "T'll never get her now," she (Ms. Thibodeau),
walked down the street a little bit and tried to look into the woods to see if she could find her.
Then she disappeared and I never saw her again. After that, a few people asked me if she had
called 911 or called me to see how I was doing, but that never happened. Ms. Luck asked how
far is this from your house. He stated his walk makes a loop from the housing and the whole
===PAGE 3===
upon the history of those incidents, we have concerns about the dogs' demeanor and Ms.
Thibodeau's ability to control her dogs. We don't feel there was any intent to do wrong or that
this is a breed specific issue. We just think these dogs in particular have a history of being
aggressive and the owner was not able to control her dogs. Under c.140, §157, we are not
allowed to have the dogs removed from town because she is a resident and we are not asking for
destruction of the dogs. We are simply asking for a determination that the dogs may be
dangerous and if so, restrictions under c. 140, §157, be put upon those dogs in accordance with
the law. Mr. Toale noted if we determine the dogs are dangerous, there are seven options under
§157 that can be imposed. Mr. Toale asked if the dog owner or a representative was present.
Attorney Jeremy Cohen, Boston Dog Lawyers, and Ms. Suzanne Thibodeau, 54 Broadmeadow
Drive, came forward. Ms. Thibodeau was sworn in.
Ms. Thibodeau stated she was coming down the hill right near the storm drain in her yard and
out of nowhere with no light, this man came and startled me and the dogs. She stated he (the
dog) took me to my knees, I never let go of the leash. I told the man to back off, but he did not
hear me so he started coming closer, as you would when you can't hear someone. Then a
skirmish ensued. I felt terrible; I did not even get a mark on me. I was just trying to pull my dog
and he had his knees on my dog's leash. By the time I got her free, the dog (Abbie) was running.
I put my dogs in the house and I went with the man, who had no light, and I helped him because
I had a light. We were looking for the dog, we could not find it and I said Sir, Sir, and he just
kept walking and he waved me off and I kept walking around looking into the bushes. Maybe the
dog had run off into the woods and I could probably see it with my headlamp... but I didn't get
any bites, I did skin my knee because the grass was slippery. I came in and I worried and worried
and worried. I did not know what was going on. I had no way of contacting him and I was told
that an officer was going to come to my house and I said fine, but I guess they got busy that
night. Then on Tuesday, there was an Officer Broc that was supposed to come look at Bella
because she got quite a few scars and her nose was split and she was bleeding quite a bit as well.
But I didn't take her to the vet or anything because I figured I am going to watch her. She
seemed fine. I didn't even know the man, but my concern was please have a light, number one.
Number two, please don't get in the middle of something we really have no control of. I was a
little upset about the fact that I could not get my leash. I kept pulling and pulling and he was on
top of it, on his knees on top of it, and on top of his dog like this, (she bends over). Finally, I
grabbed it. I finally got it out and brought her in. Mr. Toale asked Ms. Thibodeau if she had two
dogs with her. She stated she did. Mr. Toale asked were both dogs involved in this. Thibodeau
stated the other one, it did not phase him one bit, he was just sitting there looking around. Mr.
Toale asked and you did not contact Animal Control or the Police, you did not take any
affirmative action on your own?
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yes, as outlined in the police report. His recollection was that they made phone calls and we
attempted to stop by. Officer Broc (who is in the back of the room) attempted to stop by as well.
Numerous phone calls were made, messages were left, they were not returned for a period of
time. When we stopped by, Officer Broc felt there was someone inside, but we couldn't get
anybody to come to the door. He believed it was several days later before we got a return phone
call. Ms. Thibodeau stated excuse me, I was just told that a quarantine letter would be left in my
mailbox. But I was waiting, there was no knock on the door or a phone call. Because I really
kind of wanted you to see Bella, I really did.
Sgt. Tocci stated he believed the Animal Control Officer left a slip of paper in her mailbox
regarding the incident and Officer Broc spoke to her by phone or left a voice mail message.
When I finally did speak to Ms. Thibodeau, she reiterated the terms of the quarantine to me. In
that conversation, I requested to stop by the next day and she stated she wasn't available. I asked
her if I could stop by at any point later in the week and I don't believe I got a response as far as
when to stop by. Ms. Thibodeau stated I said just let me know, I'm here and you said oh yeah,
I'm the canine and I said oh yeah. Sgt. Tocci stated his recollection of that conversation differs.
Ms. Thibodeau nodded and said quite a bit.
Mr. Toale stated a certified letter in the file here was sent and returned unable to be delivered, are
you aware of that. Thibodeau stated no, I am not actually. Mr. Toale asked is 54 Broadmeadow
the right address/ She affirmed it was.
Ms. Adams asked St. Tocci what deems a dog dangerous, a bite versus an attack, and how that
would be defined, because we have a lot of photos here, photos of the wounded dog and photos
of Mr. Stepton and this to me looks like a viscous attack just based on the injuries. These are
really graphic photos. Sgt. Tocci was not aware of any specific language in terms of a bite or an
attack, but the best reference for that would be in MGL c. 140 §157. Ms. Adams asked do we
know if these dogs have bitten another animal or a human before? Sgt. Tocci stated he was only
aware of this incident but referred the question to ACO Comeau.
Ms. Comeau stated in my conversation with Ms. Thibodeau, she explained a dog on dog incident
that happened a few years ago.
Mr. Toale asked if all three of the dogs are licensed and vaccinated.
Ms. Comeau reported Thibodeau's dogs are not licensed. She got a call from the Westminster
Animal Hospital yesterday telling her that some gentleman was there with the dogs and I didn't
recognize the name and they said it was Ms. Thibodeau's husband. I said it was her dogs and
there was a dangerous dog hearing tomorrow night. They asked me if they were out of
quarantine and I said yes. The vet asked if they could vaccinate them and I said yes. So they
were vaccinated yesterday. She has never had the dogs licensed in Lunenburg and we have
spoken before. She believes that her dogs never go out, so they shouldn't have to be and I
explained to you (speaking to Thibodeau) why. Rabies is important. We had an incident at the
Thibodeau residence on December 22, 2016. Someone was returning her taxes and she called
me to report that she was attacked by one of their dogs. Ms. Thibodeau told me at that time that
===PAGE 5===
didn't help Mr. Stepton. She stated she was nervous and didn't know what she could do. She
told Ms. Comeau she did not sleep that night. Ms. Comeau told her that she was concerned about
the dogs and Ms. Thibodeau because she was ill and the dogs are too strong for her to handle. I
don't want anything to happen to her dogs, she loves her dogs. But we need to do some kind of
permanent thing here so we know everyone is safe. Ms. Thibodeau stated in the 2016 incident
the woman who was attacked was let in by her niece, right past the Beware of Dog sign, which
she considered to be an assumed risk. Chief was a pup and he jumped and scratched her in the
forehead. Ms. Comeau stated she saw the hospital report and she had bruised ribs. It did not say
anything about bites. I quarantined the dog at that time too. That is when I made all the
arrangements to get the rabies shots and get them licensed and that fell through. That was two
years ago and then this happened. Ms. Comeau stated because of her physical problems, we need
to have something formal in place now so people are safe. Ms. Luck asked because Thibodeau
physically can't restrain the dogs? Ms. Comeau stated she has an illness and she has no strength.
They knocked her down. I'm not blaming her, I am just saying we have to do something so we
know that they (the dogs) are safe. That is what the (Police) Chief expects. We need to do
something permanent so she knows what she has to do, so the dogs and people are safe.
Ms. Thibodeau stated we picked up a Dog Watch system (hidden dog fence) for the backyard
and I do not tether the dogs. They are not out alone at all. As far as my physical capability, I am
completely fine and I don't know how that information got out, but I consider that to be a HIPPA
violation. Ms. Comeau stated you told me you were ill. Ms. Thibodeau stated I told you I had
surgery. Ms. Comeau stated no, this was before. You told me you were ill and you had to be
careful with the dogs because you had no strength. Ms. Thibodeau stated she believed her
strength was okay.
Ms. Luck asked her when she got the Dog Watch system. Ms. Thibodeau stated right after it
started getting cold; it hasn't been installed yet. Ms. Comeau stated Dog Watch systems are fine
for some breeds, but for breeds that are stubborn...I have English Bulldogs and they would never
stay behind a fence. There has to be something more permanent. I've had many complaints over
the years from dog owners who use this and the dogs go through it and then they can't get back
in. Dogs like this, we can't take a chance. We have to take responsibility for what they could
possibly do and we know what they did to Mr. Stepton. I was mortified when I went to the house
and saw the dog (Abbie). He laid on top of his dog to save his dog's life. He interfered because
he thought they were going to kill his dog. She got a lo,t but he got a lot too. Until he released his
dog from her harness, he thought they were going to kill her as far as he was concerned. Dogs in
that state of mind; they don't know what they are doing. They are not going to retreat.
Mr. Toale asked Ms. Thibodeau if the dogs were to be found dangerous and one of the possible
resolutions is for them to be humanely restrained on your property, that wouldn't be a huge
burden because you normally keep them on your property? Ms. Thibodeau stated no, not at all.
Attorney Jeremy Cohen, Boston Dog Lawyers, stated part of the reason he comes to these
hearings is to make sure they are done in a fair way, so thank you. There is no doubt about it; it is
===PAGE 6===
Stepton has spent $1400 on veterinarian bills. That is a lot of money. Mr. Cohen asked why Ms.
Thibodeau did not get the bills. Ms. Comeau stated we can give them to her. Mr. Stepton has the
bills. I think we were waiting to see what was going to happen here.
Mr. McQuaid asked were both of the dogs involved? Ms. Comeau stated according to Mr.
Stepton -yes; and the owner- no. Ms. Luck stated it sounds like it was a melee, so it would be
hard to tell. Ms. Comeau stated Mr. Stepton said they were both biting the dog
There was no further comment or questions.
Motion: D. MeQuaid
2nd: P. Luck
To find that Chief and Bella are deemed dangerous dogs
Discussion: Ms. Adams stated the photographs are profound evidence that there was an attack
and we know both parties were there and that the three dogs were there. This is clearly more of
an attack; these photos are very frightening. I think in this case, it fits the definition of a
dangerous dog. Ms. Luck believed that just on the side of caution, we have to assume both dogs
were involved. Mr. Toale, referring to c. 140, 8157, stated there are several actions for next
steps. He asked for any recommendations. Ms. Luck asked Ms. Comeau if she had any.
Ms. Comeau stated the Board should look at all of the remedial actions listed in the law and
decide which ones are most important. If a fence is installed, it should be put in the ground and
buried underground, so they can't dig out. She also recommended an insurance policy. When
they are taken out in public, they should be muzzled.
Ms. Comeau asked Attorney Cohen if he wanted to see the photos. He stated there was no need
and that the Board was looking to her as the most knowledgeable person in the room for
recommendations. She stated she did give recommendations. Mr. Toale stated he would be
inclined to impose i., ii., iii., and iv.
Ms. Luck asked what happens if she doesn't follow this? Ms. Comeau stated then she will be
back here before you.
Motion: D. MeQuaid
2nd: P. Luck
To impose the following restrictions:
1) That the dogs 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 the dogs 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 or fence, upon the premises of
the owner or keeper; provided further, that such pen or dog run shall have a secure
roof and, if such enclosure or fencing has no floor secured to the sides thereof, the
sides or fence shall be embedded into the ground for not less than two (2) feet; and
provided further, that within the confines of such pen or dog run, a dog house or
===PAGE 7===
pounds and not exceeding 3 feet in length;
4) That the owner or keeper of the dogs provides 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 dogs 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 of the dogs shall
produce proof of efforts to obtain such insurance. Please provide proof of insurance
to the Board of Selectmen office, 17 Main Street, P O Box 135, Lunenburg, MA
01462
5) That the owner obtains licenses for the dogs in the Town of Lunenburg.
Mr. MeQuaid amended his motion to include the following: The owner or keeper of the dogs
has 90 days (deadline of April 16, 2019) to install the exterior confinement. Ms. Luck
seconded the amendment.
Vote: All in Favor
Mr. Toale informed Ms. Thibodeau that we will prepare a letter and get it you as soon as
possible.
Joint Appointment with the Cemetery Commission for Cemetery Commission Vacancy
Cemetery Commissioner Bill Tyler stated they met earlier and are still in session. We recessed
and reconvened here. It is our recommendation to appoint Nancy Foss Yasko to fill the vacancy
of commissioner until the next election. Ms. Foss Yasko, 146 West Townsend Road, stated it
was her honor to be here and was very excited to be a part of this organization. She and her
husband have lived here for twenty-four years. In 2018, we decided we wanted to purchase two
plots in the North Cemetery for the future. So, we have vested interest in the cemetery. Having
visited different cemeteries and seeing the beauty of some cemeteries, I can tell you that 1 am
proud to be here in Lunenburg to see the cemetery and how it is run and how the commissioners
have taken it upon themselves and prided themselves in making the beauty here.
That is why I would like to be appointed. I was also a personal friend of Lance May and his
family. His wife and I served at Fitchburg State University on the alumni board. Knowing the
family and how much he loved it here, it would my honor to be part of that.
I hold an MBA from Fitchburg State and am an independent consultant for Massachusetts,
Maine, New Hampshire, New Jersey and the European market. My strengths include the
===PAGE 8===
To appoint Nancy Foss Yasko to the Cemetery Commission until the next election
Vote: Mr. Toale-aye, Mr. MeQuaid-aye, Ms. Luck-aye, Ms. Adams-aye, Mr. Tyler-aye,
Ms. Mendoza- aye
The Board congratulated Ms. Foss Yasko and reminded her to get sworn in before the next
meeting. She thanked the Boards.
Meeting re: 994 Northfield Road:
Mr. Toale reported he spoke with Town Counsel earlier today and he has not finished reviewing
the PILOT agreement. We can listen to the presentation and approve it contingent on his
recommendations.
a. Reconsideration of January 8, 2019 Vote to Take No Action on the Notice of
First Right of Refusal for 994 Northfield Road
Alan Clapp, Nexamp Development Manager representing Settler's Solar, LLC, stated he is here
on behalf of Chris Clark, who is traveling this week out of state. The first issue is the
reconsideration of the Chapter 61 issue of the vote to take no action on the Right of First Refusal.
It is my understanding that he and Bill Gustus, the landowner, made a presentation to you after
your vote was taken and you have taken this up again tonight for reconsideration. I am not here
to make any new presentation, but I am happy to answer any questions you may have relative to
that action. Mr. Toale reported at the joint meeting with the Open Space Committee, it was their
recommendation that we take no action, so as not to set precendent in this particular case because
they felt we were going to need to do some future work on Chapter land in general. After that
vote was taken and after the Open Space Committee left, the applicant and Nexamp
representative asked if the Board would reconsider the vote. Has anyone given it any thought or
would you like to discuss reconsidering our decision?
Mr. McQuaid asked if there was any additional correspondence with Open Space about that. Mr.
Toale reported the Town Manager had a few phone calls back and forth with Chair Brandon
Kibbe. Open Space has not met again since then and nothing was resolved either way.
Ms. Adams stated she was comfortable with no action due to the fact we could not have pursued
purchasing it based on the timetable. After reflection, she was comfortable with letting the time
period expire.
Mr. Toale noted in this case, we felt that there was no time to get an appraisal within 30 days.
Open Space wants us to be more proactive with Chapter 61 landowners about their long-term
plans and their exit strategies so that in the future we have a longer time frame to deal with it.
The only reason we are reconsidering is because Nexamp informed us they cannot start
construction, provide energy credits to residents or execute the PILOT agreement until the Board
votes or the 120 days lapse. I personally feel the tradeoff of four to six weeks is not valuable
enough to go against the wishes of the Open Space Committee.
===PAGE 9===
Mr. Clapp stated he believed the agreement document itself was generally agreed to as far as the
business terms. Their attorney and Mr. Clark had submitted some minor modifications such as
the size (down from 5.9 to 5.8 megawatts) and thus changed the payment schedule accordingly.
This financial element needs to be reviewed by Town Counsel. Nexamp, LLC, was listed in the
original document. It should be Settler's Solar, LI.C. There is also minor terminology about the
documentation.
Mr. Toale directed the Board to the email from Town Counsel Adam Costa to Executive
Assistant Peterson, stating, "I'd recommend that the Board vote to approve the PILOT
Agreement subject to review and approval by counsel. I will need to negotiate some of the terms
with Settlers Solar."
Dave Passios, 56 Whiting Street, cautioned the Board on approving something that has not been
fully vetted. There is no rush to do this. Ms. Adams agreed, preferring for Town counsel to
review it first. After further discussion, Mr. Toale stated he would schedule it on the next agenda
following Town Counsel's review. Mr. Clapp stated he appreciated that and thanked the Board.
Renewal of Earth Removal Permits #14 and #15 -P J Keating Co.
Steve Mullaney, Mullaney Engineering, appeared on behalf of P. J. Keating's permits #14 and
#15. He reported the quarry area is along the Lancaster town line, on the westerly side of Fort
Pond Road and the southerly side of Leominster-Shirley Road.
Mr. Toale read the memorandum from Land Use Director Adam Burney dated 22 January 2019:
At its meeting of 20 November 2018, the Board of Selectmen requested some additional information
on earth removal permits #14 and #15. P.J. Keating Company submitted this material to the Town
Manager's Office on 15 January 2019. Building Commissioner Garry Rhodes and I have reviewed the
information submitted by S.J. Mullaney Engineering, Inc., on behalf of P. J. Keating Company for
earth removal permits #14 and #15. This information includes a set of three plans (2 relating to permit
#14 and 1 relating to permit #15).
Permit 15:
This parcel was substantially in compliance with the conditions of the permit as issued in August of
2017. The one outstanding issue was an encroachment of the work area into the two hundred and fifty
foot (250') buffer zone required between the area to be excavated and Reservoir Road. Much of the
disturbance to this area was not recent and some of the area has been reclaimed naturally, The
outstanding issue was how does P.J. Keating Company plan to restore this area and prevent future
disturbance of the required buffer zone?
The plan submitted indicates procedures for the spreading of loam and seeding for the areas that
remain to revegetated. Furthermore, there is a proposal to install signage within the property along the
two hundred and fifty foot (250') line to indicate the limit of work area.
===PAGE 10===
Permit 14:
It was determined that there was some work done on this parcel that was in violation of the conditions
of the permit. Nonetheless, the Board of Selectmen was willing to entertain some modifications to
these conditions with the submission of additional information indicating the long-term development
plans, closure plan and post-closure use.
It appears that the submission provides the information requested. However, there are some items
that require a bit more review and research prior to the submission of a recommendation from this
office.
Recommendation:
I, in conjunction with the Building Commissioner, request that this item be continued for one month
(until 19 February 2019) to allow us to provide a recommendation that properly reflects the information
submitted.
Motion: D. McQuaid
znd: P. Luck
To follow the Land Use Director's recommendation to extend permit #15 until February
19,2019
Vote: All in Favor
Mr. Mullaney thanked the Board.
CURRENT BUSINESS
Presentation of Capital Plan by Town Manager-Mr. Toale stated Ms. Lemeieux will be
presenting her Five Year Financial Forecast and the Capital Plan to the Finance Committee this
Thursday. He has posted a meeting agenda for this Board, in case a quorum of the Board attends.
If not, he encouraged the members to watch the meeting on public access and we can discuss it
in February. He did note the Town Manager did meet the Charter obligation to present it.
Ms. Luck asked if it could be done earlier next year, so we don't run into this. Mr. McQuaid
stated the Town Manager has to wait to get the budget certified in early January so we know
what we are working with. That has its own timeline that she really can't control. The Capital
Plan will be presented at a February board meeting.
Minutes/ Warrants/ Action File Issues
Minutes of December 4, 2018 were approved. An accounts payable warrant in the amount of
$574,828.47, a payroll warrant in the amount of $777,317.42 and a payroll deductions warrant in
the amount of $168,041.68 were signed.
Ms. Luck would like to see property taxes reduced to 2% rather than 2.5% in advance of having
to fund the school committee's forecast of the Turkey Hill Elementary School in eight years
needing to be either renovated or building a replacement. The Town should find other ways to
generate revenue outside of raising property taxes such as raising license fees to cover the costs
and to look at forecasting. Motor vehicle excise taxes revenue typically exceeds our annual
estimates. She proposed taking a much harder look at the budget (revenue and expenses). She
===PAGE 11===
Ms. Luck attended the Massachusetts Municipal Association Annual Meeting and Conterence
last Friday and Saturday. Speakers included Governor Baker, Lt. Governor Polito, Senators
Warren and Markey and Boston Mayor Marty Walsh. She attended several interesting and
informative workshops and she will be bringing some proposed ideas forward in the coming
weeks.
Department Reports-ACO Quarterly Report
Mr. Toale referred the Board to the Animal Control report in their packet. If there are any
questions, we can follow up at the next meeting.
Mr. Toale reviewed their upcoming meeting schedule. The next meeting is February 5 unless
the board has a quorum on Thursday night at the Finance Committee meeting.
PUBLIC COMMENT:
Dave Passios, 56 Whiting Street, expressed concern about the PJ Keating quarry potentially
becoming a problematic area in the future after being closed. He hoped there was a way to
mitigate that. He will be discussing this with the Land Use Director.
Mr. Toale stated he believed PJ Keating Co. has been a great asset to the Town and he would
expect they would meet all their obligations in the closure process.
Motion: D. McQuaid
To adjourn the meeting at 7:32 p.m.
2°: P. Luck
Vote: All in Favor
Respectfully submitted,
Elaike m. Peterson
Elaine M. Peterson
Executive Assistant to the Town Manager
===PAGE 12===
Reporting Officer:
SERGEANT Joshua Tocci
Assisting
Officer:
KATHY COMEAU
Signature:
# INVOLVED
1
THIBODEAU, SUZANNE I
54 BROADMEADOW DR
LUNENBURG MA 01462-1207
Military Active Duty: N
HEIGHT: 505
BODY: NOT AVAIL.
DOB: 08/23/1969
LICENSE NUMBER:
MA S15186778
PCF #: 5111806
SEX RACE AGE
F
W
49
SSN
013-66-6556
PHONE
978-273-2029
WEIGHT: 150
HAIR: BLOND OR STRAWBERRY
COMPLEXION: NOT AVAIL.
PLACE OF BIRTH: FITCHBURG, MA
ETHNICITY: NOT HISPANIC
EYES: GREEN
Home Phone
CallBack Number
CallBack Number
_ICONTACT INFORMATION]
(Primary)
(Primary)
978-273-2029
978-273-2029
(Primary)
978-278-2029
_[APPEARANCE]
CLASSES WORN: YES
[FAMILY/EMPLOYMENT INFORMATION]
MARITAL STATUS: MARRIED
OCCUPATION: UNEMPLOYED
===PAGE 13===
LUNENBURG MA 01462
1
DOG BITE
#
VICTIM (S)
1
STEPTON, RICHARD
131 WHITE ST Apt.
#E-4
LUNENBURG MA 01462
DOB: 02/28/1942
INJURIES: Severe Laceration, Possible Internal Injuries
ETHNICITY: Not of Hispanic Origin
RESIDENT STATUS: Non Resident
TAKEN TO: Leominster Hospital
VICTIM CONNECTED TO OFFENSE NUMBER (S) : 1
CONTACT INFORMATION:
978-602-2577
PROPERTY #
SEX RACE AGE SSN
M
W
76
PHONE
014-32-4529
978-602-2577
#
1
2
3
OTHER PROPERTIES
ABBIE - JACK RUSSELL TERRIER / WHIPPET
QUANTITY: 1
VALUE:
SERIAL #: NOT AVAIL
DATE: 12/08/2018
OWNER: STEPTON, RICHARD
CHIEF - AMERICAN STAFF TERRIER
QUANTITY: 1
SERIAL #: NOT AVAIL
DATE: 12/08/2018
OWNER: THIBODEAU, SUZANNE L
BELLA - SHARPEI MIX
QUANTITY: 1
SERIAL #: NOT AVAIL
DATE: 12/08/2018
OWNER: THIBODEAU, SUZANNE
VALUE:
VALUE:
STATUS
Suspected
Suspected
Suspected
===PAGE 14===
explained that on November 28th, at approximately 4:30am, Richard Stepton of 131 White Street E4 was
walking his dog in the area of Broadmeadow Drive. Both Stepton and his dog were bitten multiple times by
dogs belonging to Suzanne Thibodeau. As a result, Mr. Stepton was bitten several times and had over 30
wounds on his body which required medical treatment at Leominster Hospital. Mr. Stepton's dog, Abbie, was
bitten several times requiring emergency veterinary care at Wachusett Animal Hospital. ACO Comeau had
already met with Mr. Stepton, and spoke to Ms. Thibodeau. She further informed me that neither of Thibodeau's
dogs were licensed and their rabies vaccinations were not current. ACO Comeau and I were able to schedule an
interview with Mr. Stepton for the next day. Phone calls that ACO Comeau and I made to Ms. Thibodeau to
inform her of the quarantine were not answered and no return calls were received.
On November 30th, 2018, I went to Ms. Thibodeau's residence to speak with her about the incident but
she was not home. I called her again, however, she did not answer; I left a message but did not hear back. ACO
Comeau and I then met with Mr. Stepton at his residence which was approximately 1/3 mile from where he was
bitten. While walking up to his door I observed several spots of dried blood on the concrete in front of his stairs,
up his stairs, and dried blood on the handle to his apartment door. (See photographs) When Mr. Stepton
answered the door, I immediately noticed that his right hand was very swollen and there were obvious wounds
all over his hands, face, and head. His dog, Abbie, was standing behind his legs shaking nervously and when we
walked into the room she sprinted into another area of the house. Mr. Stepton told us that Abbie has not been
behaving normally and she has been very skittish since the incident.
Mr. Stepton explained that for the past several years he has taken his dog for a daily walk on the same
route, at the same time. Around 4:00am each morning, he walks Abbie south on White Street, turn east on
Broadmeadow Drive, and follows it back to the west end of White Street. On the morning of the 28th, he was
walking Abbie up Broadmeadow Drive on the left side of the road (opposite side of Thibodeau's house) when he
noticed a "bouncing light" in the center of the road coming towards him. As it got closer he encountered Ms.
Thibodeau with a flashlight, walking down the center of the road with her 2 dogs, Chief and Bella. He told me
that Thibodeau was using a split leash (one handle and line, that splits part way down to make 2 leashes) to
handle both dogs!
He told me that Thibodeau's dogs began barking and aggressively pulled towards them hard enough to
pull Thibodeau off her feet. Chief and Bella then charged at Abbie so Stepton instinctively reached down to
grab Abbie, but Chief and Bella began biting both of them. In the struggle, Stepton lost his balance and was
pulled to the ground. Stepton said Thibodeau's dogs were "biting me all over" and Abbie could not escape.
Stepton explained that he was on his hands and knees trying to protect Abbie underneath him while using his
arms to push the dogs away. It was his belief that Thibodeau's dogs were going to kill his dog. He told me that
he could hear Thibodeau yelling at her dogs but due to the commotion he could not see where she was or what
she was doing. Stepton was eventually able to unhook Abbie's leash so she could run away. At that point, Chief
and Bella stopping attacking them and Thibodeau was able to get them under control.
Stepton then began looking for Abbie, calling her name searching the area yards for her. Thibodeau
accompanied him for a few minutes trying to call Abbie but there was no response. At some point he realized
Thibodeau had left, so he returned home to care for his wounds because he "was bleeding out of everywhere."
Thibodeau said he felt pain, but "the adrenaline hid a lot of it." When he got back to the apartment he found
Abbie cowering and yelping in pain. He said she was yelping so loud that neighbors were looking out to see
what was going on. Stepton put Abbie in his car and drove her to Wachusett Animal hospital for treatment.
===PAGE 15===
Arms: Puncture wounds, scratches, bite marks around both wrists and hands. Left hand had puncture wounds
across all his fingers, one of which broke through his ring finger nail and turned his entire finger black. His right
hand had swollen to almost twice the size of the left. A puncture wound broke through the nail on his right
middle finger.
Knees: Large abrasions from being pulled to the ground and trying to get away from the dogs.
Ankles: Left ankle had puncture wounds and bite marks.
I asked Stepton how he was feeling now. He told me that he was in a great deal of pain which prevented
him from sleeping for almost 30 hours following the incident. He told me that he was in so much discomfort he
had resorted to purchasing a sleep aid to get to bed; something he would not have otherwise used. He has to
change his bandages frequently because blood still seeps through them. His hands are in pain and so swollen
that he has a great deal of difficulty holding on to, or opening things. He was prescribed medication for the
injuries, including antibiotics. While reflecting on his injuries, Mr. Stepton started to get watery eyed and
choked up.
I asked Mr. Stepton if he still had the clothes he was wearing when the incident occurred, he told me had
put the pants in a plastic bag and was going to throw them out "because they're ruined." I asked him to retrieve
them, he was able to. I observed the pants were covered in dirt, the fabric was torn, puncture marks were located
around the ankle and there were large blood stains on several areas. Stepton's shoes were coated in dirt and
mud, and had blood spatter on all sides. His fleece cap had several large blood stains on them, and his jacket had
puncture marks on the wrists with dried blood inside the cuffs. I asked him if the blood stains outside were his,
he told me they were because he was "bleeding profusely" when he returned to his apartment from the incident.
(See photographs)
ACO Comeau asked Mr. Stepton about Abbie's injuries, he told us she had been bitten and scratched. The
worst 2 areas were her neck and right hind leg. Both which were shaven at the vet revealing numerous large
puncture wounds and deep drains that were implanted under her skin. Also injured was her left hind foot which
was wrapped and sealed. (See photographs) She was sent home with numerous medications and a protective
collar around her neck. She has become very skittish, shaking all the time and not leaving Mr. Stepton's side.
Mr. Stepton told me that felt Thibodeau was not able to control her dogs, and "this was not the first time."
We asked him what he meant by that. He told me that about 2 years ago he was walking his last dog on
Broadmeadow during the daytime, he saw Thibodeau outside her house with Chief and Bella on a split leash. As
he was walking by, Chief and Bella began barking aggressively and pulling Thibodeau towards him. He stated
that she struggled to control the dogs but was able to pull them back to the house. Mr. Stepton explained "I am a
dog lover, I don't want to see them put down, but I don't know what else to do."
Later that day Ms. Comeau and I made separate calls to Ms. Thibodeau which went unanswered. Ms.
Comeau informed me that she had left a written notice in Thibodeau's mailbox to call her regarding the
incident. She also told me that she had previously instructed Thibodeau to have Chief and Bella vaccinated and
licensed, which has not been done. Over the next several days both Ms. Comeau, Ofc. Broc and I made calls and
visits to Thibodeau's home which went unanswered. Ofc. Broc informed me that he left a voicemail on her
phone notifying her that her dogs were under quarantine for 10 days, and the rules regarding it. He also stated
that on one visit, the lights were on and there was movement inside the house but no one would come to the
door. It was his impression that this was done to intentionally avoid contact.
On Sunday December 2, 2018 I called Ms. Thibodeau, identified myself, and asked her if she knew why I
===PAGE 16===
Ms. Thibodeau told me that she already knew they were quarantined and reiterated all the terms and
requirements to me. This indicated to me that she received Ofc. Broc's message from several days ago, that she
understood the regulations, and clearly disregarded our messages to contact either Ofc. Broc, Ms. Comeau, or I.
I explained to her that I only had Mr. Stepton's account of what had happened and I would like to see if
her dogs were okay, document any injuries that either she or her dogs may have, and get her version of the
events. Since she did not want me at her house, I asked her if she would be willing to speak to me on the phone
about what had happened. She told me that she was walking Chief and Bella in her yard when she saw Stepton
walking up the road. Her dog's began barking at the edge of the yard and she told Stepton to "Stay Away" but
she did not think he heard her because of his age. Stepton's dog Abbie then "got into it" with her dogs and she
fell down, causing her to let go of the leash. The dogs began fighting and Stepton "got in the middle of it"
causing him to get bit. Ms. Thibodeau told me that she felt bad Mr. Stepton got bit, but "anyone should know
not to get in the middle of a dog fight." She told me that Bella was the only one involved in the fight and Chief
did not do anything. Thibodeau told me that Stepton was "stomping" on Bella and inadvertently stepped on her
(Thibodeau's) foot. Once the incident was over she brought her dogs home and came back out to help Mr.
Stepton find his dog and offered him her light.
When I again asked her if either herself or her dogs had received medical treatment as a result, she told
me no. I asked her if there were any injuries at all, even if they weren't treated, she replied that Bella had some
scratches on her nose and ear, but nothing serious. Ms. Thibodeau stated she had a "little road rash" from falling
down. I asked her again if I could come to photograph the injures, she told me "no." I asked her if I could come
omorrow evening, i
nonever goenion helence on the was be. . asked is there sas any timmat all this week thats could visit.
"they are already healing up, there is nothing to see." Based on the lack of communication on her part, the lack
of return calls, and her apparent unwillingness to allow me or Ms. Comeau at her house, it was my opinion that
Ms. Thibodeau was going out of her way to avoid direct contact with the police regarding this matter.
I asked Ms. Thibodeau if her dog's had been involved in any incidents in the past. She told me that a few
years ago, the next door neighbor's dogs "Nya" and "Lexi" bit Bella, but it wasn't an issue because they moved.
I advised Ms. Thibodeau that there was a previously reported incident involving her dogs from 2015 and asked
her to explain what happened. She told me that a woman came to her house and the dog jumped on her, but she
was not hurt. I told her that the victim in that incident had received medical treatment as a result, and she replied
that Ms. Comeau had improperly documented the injuries as being more serious than they actually were.
Unprompted, she then went on to tell me that Kathy Comeau "had a tenacity [sic] of exaggerating details" and
she is "sick and tired of hearing her bullshit." I explained to her that I needed to deliver the physical quarantine
notice, and that I would have it placed in her mailbox since she did not want any visitors. Later that evening,
Ofc. Leger placed it in her mailbox.
On December 11, Ms. Comeau updated me that Ms. Thibodeau had not yet provided proof of vaccination
or licensed Chief and Bella. Ms. Comeau advised me that she would be submitting fines Ms. Thibodeau for the
unlicensed dogs, and reporting the incident to the Board of Selectmen.
End of report.
Sgt. J. Tocci
===PAGE 17===
me as "Chief" an American Staff Terrier, and "Bella" a Sharpei Mix, were involved in a dog bite incident on November
28, 2018 at or around 4:30am. The victim of this dog bite incident was Richard Stepton, of 131 White Street, Apt. E4.
Based on the investigation, training, and experience of Sgt. Josh Tocci, as well as my investigation and experience as the
ACO for the past 42 years, I make the following recommendations to the board of selectmen.
1) That "Chief" and "Bella" be deemed "dangerous dogs' as defined in MGL c140 s157.
2) The following restrictions be so ordered as defined in MGL c140 s157c
(c) If the hearing authority deems a dog a dangerous dog, the hearing authority shall order 1 or more of the following:
(i that the dog 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;
(ii) 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; provided further, that such pen or dog run shall have a secure roof and, if such
enclosure has no floor secured to the sides thereof, the sides shall be embedded into the ground for not less than 2
feet; and 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;
(iii) that when removed from the premises of the owner or the premises of the person keeping the dog, the dog shall be securely
and humanely muzzled and restrained with a chain or other tethering device having a minimum tensile strength of 300 pounds
and not exceeding 3 feet in length;
(iv) 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;
(v) 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;
(vi) 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;
These recommendations are based on the incident as outlined in Sgt. Tocci's police report, as well as an incident involving the
same dog's on February 22, 2015, as well as Mis. Thibodeau's lack of cooperation and continued disinterest in complying with
town regulations regarding the vaccinations, licensing, and control of her animals.
--END--