===OCR macOS Vision===
===PAGE 1===
Members present: Tom Alonzo, Chairman; Phyllis Luck, Vice Chairman, Damon McQuaid, Clerk;
Katey Adams, Michael- Ray Jeffreys
Others present: Heather Lemieux, Town Manager; Tim Murphy, Town Moderator; Adam Burney,
Land Use Director
The meeting was called to order at 6:15 p.m.
Mr. Alonzo stated he would entertain a Motion to enter into Executive Session Pursuant to M.G.L. c.
30A, § 21, Reason #3, to discuss strategy with respect to collective bargaining and the Chair so
declares that an open meeting may have a detrimental effect on the negotiating position of the
governmental body (Police Union) and to re-enter Open Session after exiting Executive Session.
D. McQuaid made the Motion and P. Luck seconded it. Vote: Mr. Jeffreys- aye, Ms. Adams-aye,
Mr. McQuaid-aye, Ms. Luck, Mr. Alonzo-aye
*************************Executive Session Minutes are Separate*********************
The meeting commenced at 7:05 p.m. with the Pledge of Allegiance.
Mr. Alonzo moved on to public comment noting per policy that speakers will be asked to limit their
comments to three minutes per speaker except at the discretion of the Chairperson. He added it is not a
new policy, and wanted people to be aware that the Board encourages public comment, but not
necessarily public speeches.
Ms. Luck announced the Lions Club pancake breakfast would be tomorrow at the Eagle House Senior
Center from 8:00 to 10:30 a.m
Mike Mackin, 26 Cortland Circle, informed the Board he was present if there were any further questions
regarding the T C Passios Building Design Committee appointments. Ms. Luck and Mr. Alonzo stated
they had watched the televised interviews from last week, as they were not present at the meeting.
APPOINTMENTS
Land Acquisition Committee re: Saliba Property
Chairman Brandon Kibbe stated other committee members were present tonight; Phyllis Luck (BOS),
Teri Burchfield (Finance Committee) and Ken Jones (Conservation Commission). Mr. Kibbe presented
a report on the Saliba property acquisition. Kibbe stated the Saliba property meets 5 out of the 6 required
criteria under the Open Space and Recreation Plan for land acquisition. There was a public meeting
process soliciting feedback on the property. The property is 318 acres in total, 259 acres north of
Northfield Road and 59 acres south of it. Assessed value of the property is $996,900. It is largely
forested with areas of bedrock which could inhibit future development. The property provides
connectivity to other green spaces. It was originally purchased in 2003 by the Saliba brothers as an
investment. They approached the Town in February 2019 to consider purchasing it for conservation and
===PAGE 2===
lo vise dela agredie dela lo velso y occipe de tela siale biauto.
Mr. Alonzo commended the committee and everyone else involved for his or her work on this proposal.
There will be two site visits for the public to tour the property, Saturday, October 19 at 10:00 a.m. and
Sunday, November 3 at 10:00 a.m.
Public Hearing on Unitil's Storm Resiliency Program and removal/trimming of trees on
Leominster Road, Lancaster Ave, West Street, and Whiting Street
Mr. Alonzo read the hearing notice aloud
The Board of Selectmen will be holding a public hearing on Tuesday, October 8, 2019 at 7:25 p.m. to
hear and review the submission of Unitil's Proposed Storm Resiliency Program requesting to prune
and/or remove trees along Leominster Road, from West Street to Lancaster Avenue from Massachusetts
Avenue to Rolling Acres per M.G.L. c. 87, § 3-4, on shade trees. The meeting will be held at the Joseph
Bilotta meeting room in Town Hall, 17 Main Street. Lunenburg, MA
The Storm Resiliency Program information can be viewed on the Town website under the Board of
Selectmen page under the link "All other BOS Documents," or are available for viewing in the
Selectmen's office during open hours.
Any comments on the removal or pruning of particular trees identified by Unitil to be pruned or
removed should be in writing to the Board of Selectmen's office, 17 Main St. Lunenburg, MA 01462 or
to the Executive Assistant Elaine Peterson at epeterson@lunenburgonline.com by October 8, 2019 or
submitted in writing at the Board of Selectmen meeting at the time of the hearing.
Sara Sankowich, Unitil Forest Operations Manager, was present for the SRP proposal. Unitil is seeking
approval for the proposed work along the listed roads. She stated eight trees were approved on
September 23rd by the Planning Board. Unitil is now seeking approval for the eight trees and approval
of removal of incompatible brush from this board
Mr. Alonzo reported the Selectboard, Tree Warden Rodriquenz and an outside consultant; Dave
Clapham had walked the proposed routes. Mr. Jeffreys asked if the name of this project is still the Storm
Resiliency Program or is it now a vegetation management program. Ms. Sankowich stated they consider
it the Storm Resiliency Program, however, the eight trees as recommended will be done under
whichever program heading fits the need. Ms. Sankowich clarified incompatible brush as any species
more than 3 inches in diameter and can grow above 25 feet up into the power lines.
Mr. Jeffreys appreciated the detailed response he had received from John DiNapoli, Unitil's Municipal
and Community Services Manager, after reaching out to him for more information. He also appreciated
Unitil taking a serious approach to increase eficient power delivery in Lunenburg.
Mr. Alonzo acknowledged the time and effort expended by Unitil, the Tree Warden and Dave Clapham,
who gave the Town his evaluation of the proposed trees. A concern of potential liability of the Town
was expressed in an email from the Tree Warden about five other trees that were identified and are not
being removed. Ms. Lemieux recommended the BOS meet with the Planning Board and Town Counsel
to discuss these five trees.
===PAGE 3===
Moton. A. Adams
To not approve removal of incompatible brush along the scenic roads
Discussion: Mr. McQuaid did not believe this was the right approach for the health of the remaining
trees, as it would inhibit their proper growth. Ms. Adams was concerned about the appearance after the
cutting of both trees and incompatible brush.
Vote: 4 against, 1 in favor (Adams)
Motion: D. MeQuaid
2n°: M. Jeffreys
To approve removal of incompatible brush under power lines (3 inches diameter; up to chest
height and less) as determined at the September 23, 2019 Planning Board meeting
Vote: 4 in favor; 1 against (Adams)
The Unitil staff thanked the Board. Mr. Alonzo closed the public hearing.
Public Hearing: Dangerous Dog: Elizabeth Guglietti, 36 Woodland Drive
Mr. Alonzo stated this hearing is for a September 11, 2019 attack by two dogs owned by Elizabeth
Guglietti, 36 Woodland Drive. He reviewed procedure announcing this is an official hearing and that the
complainant and everyone testifying must be sworn in. The complainant will present his/her testimony;
the owner/keeper of the dogs will present their testimony and any witnesses will testify. The Board will
ask questions, deliberate and make a finding. Once a finding is made the Board will determine options
depending on the finding.
Possible Findings:
1. That the dog at issue constitutes a "nuisance" or is "dangerous" to the community, and the dog
constitutes a nuisance or is dangerous because:
a) It has a vicious disposition; OR
b) It barks excessively; OR
c) It creates some other disturbance (needs to be explained).
2. That the dog, as a result of such barking or other disturbance, causes annoyance to a sick person
within the jurisdiction of the responsible board or official.
Range of Options if there is a Finding:
1. Restraint
2. Banishment
3. Euthanization
Before we come to an option, there will be a determination or finding first.
Mr. Alonzo asked anyone present providing testimony to please stand and raise their right hand and
asked, "Do you swear to tell the whole truth and nothing but the truth under pains and penalties and
perjury?" All standing with their hands raised stated, "I do." Mr. Alonzo stated let the record show 14
===PAGE 4===
to try to protect my dog while the two greyhounds in a frenzy continued to viciously attack boin of us
while against a tree. This incident is much more serious than if a dog simply bites and then stops on its
own. These dogs would have continued until the end if they hadn't been taken away by other people. My
dog almost died and I could have died. The next day and for several days afterwards, I had a headache
along with neck and back pain, swelling and bruising with multiple punctures on my face, arms and a
wound on my head. Days later more bruising showed up on my arms. My concern is that this can
happen again, not only to me but also to my children who often walk Daisy. I know that one of the
attacking dogs, Janice (Joplin), has gotten out two other times before because my husband Todd helped
to try to get her back. Do we have to wait for another incident that could take my life or a child's life? I
am not safe to go outside to check the mail even without Daisy because there is a good chance they
would attack me again and they are only two houses away. Our life has been altered now. Our children
cannot play outside with our dog or take her for a walk. When Janice got out before she came into our
yard. Clearly, the two attack dogs are unstable and cannot be trusted. My request is for the two attack
dogs to be put to sleep. No matter how secure the fence is, there is always the chance for human error.
Until these dogs are gone, we can never be safe living in our neighborhood. The next question is how
can anyone in our neighborhood who has a small dog feel safe with six greyhounds next door who are
trained in the same way to kill small animals?"
Owners/Dog Keeper: Michael and Elizabeth Guglietti, 36 Woodland Drive
Mr. Guglietti stated he was not home at the time, "My wife was and when she noticed that the two dogs
were out, she went to look for them. Yes, Janice has gotten out before, she and the other dog have been
out a few times, I think four or five, and never attacked a person at all. They have never attacked a
person because as they go up to people they want to greet them. When I used to walk Janice and another
greyhound that I have on a leash, we used to walk by the Terhune house when their family was out,
especially their two young children. They wanted to come over and greet the dogs and pat them. One
time they even babysat Janice at their house before they even had a small dog. It was a very unfortunate
thing that they got out. I've had that fence for nineteen years and only in the past four years possibly has
anyone gotten out. "Mrs. Guglietti stated," Unfortunately there must have been a very small opening
where the fence was attached to a tree and Janice got her head through and the rest of her and Slingshot
saw her and followed. The other four dogs were not around at that time and did not get out. I
immediately got in my car and started calling them and telling the neighbors that they were loose. I even
drove to the cove on Hemlock Drive where the incident happened. They were not there at that time.
Later I got a call from the Police station that yes, there was an incident and that I should go down and
get my dogs. As I was heading down there to get the dogs, I could see Guinivere walking up the street
coming back home. This was maybe a half mile from our house where this all happened. She was
walking home carrying Daisy. The little dog was hurt and she was bleeding too. She said two dogs
attacked, I don't know if she realized they were my dogs at the time. I said my dogs are loose so
greyhounds, it's them. She asked if I could go to the vet hospital with Daisy, but a friend of hers was
there too. She said she would take her to the vet hospital; I had to go pick up my own dogs. I went down
===PAGE 5===
instinct. They do go after something small and moving. Unfortunately, these greyhounds were on the
loose and so instinct kicked in. If you own a sight hound or any dog that shows such prey drive, you
need to contain them. That is where the error happened. Since then we have hired a fence contractor; he
is coming in a week or so. Pastor Steven Mayo helped repair the opening in the fence plus some with
utility wire. That is what we have until the new fencing, which is going to be chain link, with a ground
tension wire or something that prevents them from digging, which is what they would do more than try
to jump over. We feel we will be safe with the dogs, keeping an eye on them when they go out. We are
always home, we always watch what they are doing. We have basket muzzles that we would be willing
to put on the two offending dogs when they are outside, which would prevent them (from biting) if they
did get loose. Hopefully, that would not ever happen. But human error; a gate could be left open or
something. But we are on guard that that doesn't happen. What I am pleading for is a chance to improve,
install new fencing and be vigilant to watch and basket muzzle the two offending dogs. But not
euthanize them or give them away." A copy of the fence contract was presented.
Police Officer Kamerin Munroe's report:
"On September 11, 2019 I responded to a call on Hemlock Drive at the beachfront for two dogs that had
gotten loose. First, it came over as just a loose dog call. Once I arrived, I talked to the owner of the two
dogs. Elizabeth Guglietti told me that her two dogs had attacked Guinivere. I asked her if she knew
anything about the attack at that time; she didn't. As I was leaving, Mr. Terhune found me down the
road and I talked to him. He informed that he wasn't sure if Mrs. Terhune had been attacked but that Ms.
Guglietti's two greyhounds had attacked Daisy and she was in serious condition and they were on their
way to the veterinarian. I later met up with Mrs. Terhune after she was out of the hospital and the dog
was in the hospital, I talked to her about the incident and I took photos following the incident as well as
photos that were taken of the fence around the property." Munroe presented the photos. "She told me
she suffered multiple injuries; cuts to her face, she fell and hit her head and she had a gash in her scalp.
She also had multiple large bruises on her arms and hands. She informed me through the process of
multiple follow-ups that the bills for Daisy came in around $8,000. I then went with Animal Control
Officer Comeau to the Guglietti residence at 36 Woodland Drive where we viewed the fencing around
the property. Ms. Comeau talked to Ms. Guglietti in the front while I walked around the property with
her husband. In the process of doing that, I observed many areas where the fencing was weak and bent
down. I'm not sure if it was from tree limbs hitting it or what it was due to, but it definitely needed to be
updated. While we were walking around the back end of it, one of the dogs exited the house and ran
towards me barking. I, myself felt in fear not knowing what would happen. The dog stopped, it did not
charge over the fence but there is definitely the ability. We talked to them about updating the fence and
hopefully containing the problem with that and their plan and what they said about how they were going
to update the fence. It seemed like a reasonable effort to contain the dogs. But at the time we went the
fence was definitely not secure."
Animal Control Officer Kathy Comeau:
===PAGE 6===
there and she told me she has to live there for the next ten years because their kids are in school and
everything else. She can't live in peace. I think six dogs there at this point is too many and I think that
they should cut back. They are my age and I handle dogs all the time and it is not like it used to be. I am
not as strong. There has to be some give here so these people can live in their home in peace. It is sad
because it is just a bad situation and anyone who owns dogs; you never know what is going to happen.
And it happened and I don't know how the dog survived but it did. Thank God, but my vet said she
would have never thought it would have survived. She had holes in her trachea, like 30 holes from the
bites and she made it. Strong little dog, but a lot of money and heartache. Guinivere is still recuperating.
Mrs. Guglietti is going in for back surgery and that concerns me too, because I'm afraid it's going to be
hard for her to take care of all the dogs after the back surgery. I wasn't there when it happened, I was
called in after. I just saw the aftermath."
Mr. Alonzo stated he would not ask for her recommendation until the end, as there were other witnesses.
He asked people to come up and speak.
Christine Smith stated she used to work for Ms. Comeau. "She actually gave me two dogs I am an
extremely trained person with dogs. I have had mastiffs, huskies, Rottweilers, bulldogs, pit bulls. I
currently have a Doberman puppy. I know dogs, greyhounds are not aggressive dogs. They are trained to
go after a small animal; you have to take that into consideration. Unfortunately there was an accident
and they got loose." She left a written statement for the record. "I have known Mrs. Guglietti for my
entire life; she doesn't toot her own horn at all. She was a veterinary technician for 47 years. She worked
for my Mom, who was her boss. The Gugliettis are the most experienced pet owners I know. I don't
trust anyone with my Doberman puppy, not even my Mom, but I would trust Mrs. Guglietti with him,
even with all her greyhounds. She is the most experienced dog owner I know. Last year I rescued a cat
on the lakefront that someone just tossed out of their car. It was so anemic from fleas and so dehydrated;
I thought it had been hit by a car. It was very old and I had to keep her in my garage because I had my
four cats in the house that would beat the crap out of that cat. When winter came, Mrs. Guglietti took her
and took very good care of her until she passed away from natural causes. This is a woman who keeps
her bunnies at the house with the greyhounds; she keeps cats at the house. This was an awful accident;
she has never done anything to jeopardize any animal."
Kathleen Baker has lived on Hickory Hills for 42 years. "I worked with Mrs. Guglietti for 45 years at
Pepperell Veterinary Hospital. She is the most compassionate person not just for her love of animals but
for people too. This has devastated her that this has happened. She has worked with greyhound rescue
leagues for well over 20 years because she loves the animals and wants to help to take care of them. She
has had many greyhounds that she keeps at her home. We have talked about the fact that this is
greyhound's instinct that kicks in. Mrs. Guglietti has always had four or five cats that nobody else
wanted or would care for. She has always had bunnies at the same time that she has had all these
greyhounds and she has always managed to take care of everybody and keep everybody separate and
nothing has ever happened. She is a responsible dog owner. I don't think they realized how bad the
fence had gotten. These dogs when they are walked or with their owners are not aggressive in any way.
===PAGE 7===
this awtul noise coming trom the beach area. Screaming, crying, etc. but we could hear it inside. We
came outside, jumped in the car, and drove down there and we saw Ms. Terhune walking and carrying
the dog. She had blood on her face and in her hair and all over her clothing. The dog was bloody as well.
I assumed at the time that she had the dog's blood all over her. We found out later that she was also
attacked as well. We then pulled up and saw June Hudson, who will speak at some point. She said,"
John help out; you need to grab one of these dogs." She had her arm in a sling and was holding one of
the dogs with the other arm. We both jumped out and I grabbed the second dog. The dogs at that time
were fine, they weren't aggressive, and they came over. I noticed the light colored dog had blood on it
and all. At that point, we waited maybe 10 minutes until Mrs. Guglietti arrived. Then the police officer
arrived. She took her dogs and we left and went home. We did not see the incident, only the aftermath."
Mr. Terhune hearing Catherine Ethbal's name called as a witness, stated she was in France but had
submitted a notarized statement for the record.
June Hudson, 9 Pine Acres Road, stated she was in her house and had just come out and heard some
ungodly screaming; frantic, like someone was being killed. "I had my arm in a sling but I ran down the
road and immediately saw two greyhounds pulling at, getting under this woman's arms trying to get at
the little fluffy white dog. There was blood everywhere. She was up against a tree just trying to shield
the dog. I immediately grabbed one of the dogs and twisted the collar so I had a good hold on it.
Because of my sling, I couldn't do the other one, so I kept yelling at it to get away. She had a friend with
her who was also yelling at the other dog. We finally got it away enough but it kept circling back
around. I think once they got the frenzy going it was impossible to stop. At that point, I saw Donna and
said please call the Police immediately. She did. The Fortunes pulled up and I asked John to please grab
the other dog and he pulled his belt off and put in around the collar and had the dog to the side. Once I
got Guinivere free from the dogs, I did not realize she was hurt, I just told her to run, just run, get out of
here. Then I told her other friend to go with her as well. We just waited there with the dogs and then Ms.
Guglietti came and got her dogs into her vehicle and then the Police came later. We gave him the
statement but none of us realized that Guinivere was injured because the cop had asked. But she had
blood all the way down her glasses, all the way down her body and I thought it that came trom that poor
little dog, I don't know how it is going to survive. I just felt bad and I know the Gugliettis are very nice
people as well, everybody says so. That is all I can really testify to."
Mike LaRouche, 31 Woodland Drive, stated he has known the Gugliettis since he was nine years old. "I
have never had an incident with the dogs. A year ago, I had an incident with my own dog with a
neighbor next door. It caused a very uncomfortable feeling; I still have that going on with my neighbor, I
have had many conversations with them and paid the bill and then restrained my dog to make sure it
wouldn't happen again because if it does happen again, I am going to be here. But I feel extremely bad
about what happened. I've offered to help pay for part of the fence; it is getting old and it does need to
be fixed. Don't know what the outcome of this is going to be, you can't fix what happened and this is
always going to happen with the neighbors. My neighbors let me keep my dog; the town gave me the
chance. Do I believe the Gugliettis will make sure their dogs don't get out again, absolutely? Will they
===PAGE 8===
dog, Daisy. Sometime later, 1 was upstairs working at my desk and I saw univere walking back into
our yard carrying our dog and thought that is pretty strange. Then she yelled up, "Daisy and I have been
attacked by two dogs." So I ran down and her whole shirt was covered in blood, blood on her face, on
her hands, and obviously, I saw our dog that looked like it was in shock. They got in Catherine's car and
took our dog to the animal hospital. I called the Police and went down and spoke to Officer Munroe.
Then I went and met my wife at the emergency room in Clinton and found out that she had a head
wound, bitten on the nose and cheek, bitten on the hand and then later she showed me her arms where
she was actually bitten on the arms. It looked like to me the dog had her whole arm in its mouth.
Just because two people were there to pull the dogs off my wife and she just didn't happen to get bitten
in the wrong place doesn't make this any less serious of an attack. She was fighting for her life. I hear
these dogs are docile. I will challenge anyone to pick up a small dog and get inside that fence with two
of the greyhounds. You will be fighting for your life and that's what she was doing. Not to mention our
dog who almost died. We had to rush her to Tuft's Animal Hospital at midnight for emergency surgery
otherwise, she would have died. Now my wife is afraid to live in her own house that we worked so hard
for. Janice has gotten out twice before that I know of. It's probably even more as Mr. Guglietti said.
I personally have tried to get Janice back myself and if I know now about their strong prey instincts, I
would have called the ACO, because we were playing Russian roulette with my kids. My daughter used
to go carrying our little dog around our yard. We did not know about the strong prey instincts but the
owners did and they continued to get out. It was only a matter of time for something like this or even
worse could have happened. Clearly, they are irresponsible dog owners; they have six greyhounds there.
Six, they are big, strong, fast with strong prey instincts. It would be a challenging thing for anyone to
manage that amount of dogs in a small residential yard. Like Ms. Comeau stated, they are not getting
any younger, they are getting older. Ms. Guglietti is going in for back surgery. The limitations that come
with aging make it even more difficult to manage them, more challenging that many dogs with that type
of breed. Then there is cost associated with managing grounds and fencing. Like people alluded to, this
is probably what contributed to the dogs getting out in the past and why they got out this time. The
Gugliettis don't have a lot of money so I am worried that even with the new fencing that over time this
will happen again. Short of putting the dogs down nothing is going to eliminate human error and
everything I just mentioned will make it more of a probability that human error comes into play and the
dogs will get out again. We are asking the dogs be put down, that's why we are here tonight. This is the
best way to ensure the safety of our family in our own neighborhood and our yard. This was serious.
She could have been dead and then what? Then you put the dogs down? Any human life you have to err
on the side of caution, because it could be a child. "
Reverend Doctor Steven D. Mayo, 276 Elm St. Fitchburg, Senior Pastor of the Elm Street Community
Church in Fitchburg, introduced his wife Debbie, a registered nurse. He stated he has known the
Gugliettis for fifteen years. "They have helped out in so many different ways, not just the church and the
people, but they are the first ones to step in when anything is going on with anyone else's animal. We
have a small dog and in fact, our small dog was attacked right in the park by our house. Someone wasn't
===PAGE 9===
congregation to go down and replace those immediately in order to have those concerns taken care of.
Anytime you are dealing with dogs there are challenges, we never found the dog that attacked our dog. I
know how much we love our dog; it was a pit bull breed that tried to rip the dog out of my wife's arms."
Mrs. Mayo stated, "It did rip my dog out of my arms." She added she feels for what she is hearing on
both sides, knowing both sides. "I know what it is like to be fighting for your dog and not sure what is
going to happen to you. My dog went one way and her collar and leash went the other way and I thought
she was dead. So I take this very seriously...everything that I have heard. The Gugliettis are really good
people and this is a horrible tragic thing that happened." Mrs. Mayo stated, "Since it was brought up and
she believed it was discriminatory, as a nurse and a close friend of Mrs. Guglietti, she is having a minor
back surgery, and she will be overnight one night as a precaution for her age. I feel that had to be said,
not that anyone said it mean-spiritedly, but that was discriminatory and needs to put on the record.
Everything that they have talked about Mrs. Guglietti and her husband's skills is true. I don't know what
you are going to decide, but I do know they are responsible. They take this very seriously, are very
grieved, and will actually need counseling in this. They will have support; they will have the church
family. They actually have some representation tonight and we are praying for everybody involved. "
Brenda Dupre, 90 West Groton Road, felt there were two mischaracterizations given. "The Gugliettis
are responsible dog owners evidenced by the fact that they have a kennel license for their six dogs. It
was a terrible accident. Two of my German Shepherds have gotten into a fight; it was the most
horrifying scary situation so I know how terrible that is. The Gugliettis feel terrible and I think that
restraining would be a good thing. The dogs are not attack dogs and the Gugliettis are responsible."
Mr. Alonzo read aloud Catherine Ethbal's notarized statement:
"On Wednesday September 11, 2019, Guinivere Terhune and I decided to take a walk around her
neighborhood in Lunenburg. We left her house around 11:35 with her little Havanese dog, Daisy. Daisy was on
a leash. We left Woodland Drive, crossed over Townsend Harbor Road and kept walking on Hemlock Drive.
As we arrived around the water area, I was a few steps ahead of Guinivere. I saw in front of me one big light
brown greyhound that was loose. A few feet away was a darker brown, almost black, greyhound. I turned
around and told Guinivere to pick up Daisy. As soon as she did, the light brown greyhound ran toward her,
jumped on her repeatedly, biting her hand, trying to knock Daisy out of her hands. I put myself in front of
Guinevere and as we were both screaming, the other dog came on the other side. I tried to pull them away
from her but they were very fast and kept jumping, biting, and circling her. At one point, the light brown dog
grabbed a hold of Daisy, flipped her into the air and pinned herto the ground trying to shred her to pieces. The
other dog joined in. Guinivere ran to Daisy and pulled her away from them. At that point, one of the dogs
jumped on Guinevere and knocked her to the ground, causing Guinevere to hit her head hard on the street
pavement. Daisy escaped and ran towards the swamp area. Instead of going into the swamp, she circled a tree.
Guinivere got up fast and hovered over Daisy. Both dogs attacked her and bit her multiple times to try to get to
Daisy. I pulled one away and the other was still attacking, biting Guinivere. At that point, one of the neighbors
had heard us and came out to help us. As soon as she grabbed the lighter brown dog, I was able to scare away the
other dog. Guinivere grabbed Daisy and ran towards her house. One of the neighbors called the police. A car
===PAGE 10===
driver's license, at some point the physical limitations should prevent them from holding the license
because it puts other people's lives in danger. I think the same can be applied here with the kennel
license given the number of dogs and the breed. They are big, strong, fast and powertul, that's the point
1 was trying to make. I was not trying to be discriminatory but that is a strong word to throw out."
Board Members Questions:
Mr. Jeffreys asked Mrs. Guglietti if any of the dogs had formalized training. She stated," Slingshot went
through basic obedience as a young dog (1 year old). Not with Janice, she came off the track and she
was fostered by somebody who couldn't keep her and she ended up with me."
Mr. Jeffreys asked, "What is the approximate age of the dogs?" She replied, "Janice is 9 and Slingshot is
8"
Mr. Jeffreys asked if they had any other complaints about the dogs in the past. Mrs. Guglietti stated "No,
I worry sometimes they bark at night and my husband is better than I am at hushing them up. We don't
want to be a concern to the neighbors so we are working on that, keeping it under control."
Mr. Alonzo asked," How many dogs do you have?" Mrs. Guglietti answered, "Six." Mr. Alonzo asked,
"You said you were home the day they got out?" Mrs. Guglietti stated, "Yes, our kitchen door can open
and they are out in the fencing. So two dogs were out, I noticed Slingshot was on the other side of the
fence so immediately the red alert happened and I had to start combing the neighborhood. He had
followed Janice Joplin out of the the fence."
Mrs. Luck asked," I know that you said you went out and started to look for the dog. What happened
when you didn't find the dog?" Mrs. Guglietti stated she just kept circling the neighborhood. "I came
home and called the Police and ACO to let them know two dogs were on the loose and then I went back
out in the car to keep searching. I don't know if it was a half-hour or forty-five minutes that they were
out."
Mr. Alonzo asked, "How far do you live from where the incident occurred?" Mrs. Guglietti responded
"About a ½ mile." Mrs. Luck stated," But you did not hear anything, did you have your car windows
open?" Mrs. Guglietti stated, "I might have been in the house at the time they were actually attacking.
So, no I did not hear anything."
Mrs. Luck noticed on the order to get the new fence done, it wasn't signed until October 3rd
. "That
seems like a long time since the incident happened on September 11"." Mrs. Guglietti stated, "It's very
hard to get fencing people this time of the year. We called a couple of companies, one with no response
back before we used the fence company that put our front yard fence in. The rest is the utility wire and
that is the problem. We put a down payment for the new fence and he is going to start in about a week."
Mrs. Luck asked, "What have you done in between to try to make it more secure?" Mrs. Guglietti stated
"We basket muzzle the two dogs when they are outside. The whole back of the fence has been repaired
and new wire was purchased so part of the back fence is new. The actual place from where they escaped
has been done over."
===PAGE 11===
Ms. Adams asked,
, "But if the door is left open could they go outside if you are in a different part of the
house?" Mrs. Guglietti stated,
"We are always there if the door is open, we never leave the house with
the dogs having access to the outside."
Ms. Adams stated, "I guess we are just confused that if they need to be muzzled when they are outside,
if there is an opportunity for them to go outside without a homeowner realizing it, even if it's for a short
amount of time without a muzzle? Is that possible?"
Mrs. Guglietti stated,
, "It's possible, the only reason the muzzle came up was because it was thought to
be a good idea that those two offending dogs would have the muzzles. The muzzles are right by the
door. When either dog goes to the door, we put the basket muzzle on. The other dogs aren't muzzled."
Mrs. Luck noted, "But all of the dogs have the same propensity so they all would attack something small
if they got out." Mrs. Guglietti stated," They do not attack people or children." Mrs. Luck interjected
"Unless they are holding a dog. Mrs. Guglietti stated,
"Yes, and then you become part of the prey or are
in the way so to speak. They'll just bite at it really trying to get to the small animal. Not all greyhounds
are as keen as they call it, as others. It has to do with each dog so some will just be more prey-driven
than others. They all don't follow the same rule. But basically greyhounds have the prey instinct for
something small and moving and they're off to get it."
Mr. McQuaid asked if all six dogs were pets. Mrs. Guglietti stated," Three are purchased for fun
amateur racing, two are AKC (show dogs), these two are not quite up for competition, so they are just
pets and Janice was fostered but couldn't be kept anymore, so I took her."
Mr. Jeffreys stated," You mentioned that you called the ACO that day, had you called her before?"
Mrs. Guglietti stated,
"No, I know her, I am retired now from Pepperell Veterinary Hospital but she
would come in with dogs there so we all knew her."
Mr. Alonzo asked Mrs. Terhune how old her children were. She answered, "Eleven and thirteen," and
motioned to them in the back of the room when he asked how tall they were. "They are slightly shorter
than me." Mr. Alonzo asked, "And they walked Daisy before?" Mrs. Terhune replied," Many many
times with me."
Mr. Alonzo asked, "In Ms. Ethbal's testimony when the dogs first attacked, not when you saw them, but
when they first attacked, was Daisy on the ground or were you holding her?"
Mrs. Terhune replied, "I saw the dogs coming down the street looking at us and my first thought was to
pick up Daisy and then Catherine said it because we both saw the dogs coming and then it happened in a
flash." Mr. Alonzo asked, "When they first made contact with you or the dog, were you holding her or
was she on a leash on the ground?" Mrs. Terhune stated, "I guess I was holding Daisy."
Mr. Jeffreys stated, "You sound unsure." Mrs. Terhune stated, "It all happened like a crash and the last
thing I remember is bending down to pick up Daisy and then it all just happened really fast."
Mr. Alonzo asked," Would it be fair to say you were in the motion of picking her up?" Mrs. Terhune
stated "Yes, definitely."
===PAGE 12===
vy could get well away.
Mr. Jeffreys asked, "When you walk by their home do you normally see the dogs?" She stated she had
not walked since. Mr. Jeffreys asked, "Prior to that day have you made that walk by their house?" She
stated, "Almost every day for the past I don't know how many years."
Mr. Jeffreys asked," What normally happens when you walk by their house? Do you see the dogs?
Mrs., Terhune stated she usually goes down Hemlock. The attack was not near either home.
Mr. Jeffreys asked, "In general do you ever walk by their home?" Mrs. Terhune stated, "A long time ago
I used to, but I haven't recently." He asked if the children bike ride by the house. Mrs. Terhune stated,
"Yes, they bike ride and ride their scooters and they walk and stuff like that but now our life has
changed."
Mr. Jeffreys stated, "What I want to understand is when the kids go by the house, what happens? Do you
see the dogs barking?" Mr. Terhune stated, "Typically we want them to ride their bikes in an area where
we can see them, so typically they don't get that far down."
Ms. Adams stated,
"Earlier tonight unrelated to this, I heard former Police Officer Barney passed
away and the connection there is that he was the officer who was the first responder to the Connor
Lourens dog incident, where a seven year old was killed in a dog attack. So, I sit here with the gravity of
that situation. I believe that tormented Officer Barney. I sit here knowing so many people who love their
dogs and are good dog owners, and then living in fear of anything. We are all in a situation where there
is a lot of empathy; everyone here wants to do the right thing. I really want to get input from our ACO
because I don't have animal control experience or a lot of dog experience. I can't imagine what it feels
like to be attacked by a dog and to worry about my own animal. There are a lot of emotions. I really
want to stick with the facts. I feel like the fence was inadequate just visually, for potential harm that
these dogs could cause to small animals. The fence seemed really worn, low, and insecure. Quality
fencing would have to be a must if the dogs are kept."
Animal Control Officer Kathleen Comeau:
"First of all, I don't want anyone to think Mrs. Guglietti is a not a good animal person. She had no idea
the dogs were going to get out. But, it happens. When I issued the first kennel license there, I never had
complaints. She has called, she probably forgot, but she would call me every time the dogs got out, she
called me probably four of five times over the years and she also calls the Police. They have never
gotten in any trouble. Mrs. Terhune's husband has helped her with the dogs. He had no idea what they
were capable of, and they're dogs. No one loves dogs more than me. I've been talking to both parties
right along to make sure everybody is okay. They live close to one another. When Mrs. Guglietti got
more dogs, I went down. Not the fence I would put up, but it was adequate, but over the years, it's worn.
I can stay here for ten years with our kids and be safe. It's very difficult. "
Mr. Alonzo asked, "In your experience what is the likelihood of recidivism? Are the dogs more likely
now to do this again?" Ms. Comeau replied, "It wasn't done at their residence, but in my experience if a
dog goes after someone's dog and they get loose again, they always go back to where they were. Wasn't
===PAGE 13===
Mr. Alonzo asked, "What is your recommendation?" Ms. Comeau stated, "My recommendation would
be that Mrs. Guglietti return them to the person she got them from. I just don't think this is going to be
peaceful for these people (the Terhunes)."
Ms. Adams asked, "Does it make sense to keep that many dogs in this condensed neighborhood?" Ms.
Comeau stated," They have never been a problem until now. She does take care of them. She did not
know there was a hole in the fence.
Ms. Adams asked,
"Would you still require a new fence?" Ms. Comeau stated, "Yes, they definitely
need a new fence. That's only happened recently, the fence was new when it was put up." Ms. Luck
stated "But the dogs have gotten out." Ms. Comeau stated, "Through the fence, they could have gotten
out through the front door.
Ms. Luck asked about the kennel requirements. Ms. Comeau stated," That they are kept there and fed and
watered and kept in good shape and contained. "
Ms. Adams asked,"' How often are they renewed?" Ms. Comeau stated, "Annually and I was there in April
and the fence did not look like that." Ms. Luck asked," So you inspect once a year?" Ms. Comeau stated
"Yes, before issuing a license. I also told them the new fence has to be six foot and bent in at the top so
they can't go over it. She doesn't believe they can jump it, but I do. I think they can jump it very easily."
Mr. Alonzo stated,
"The fate of the dogs is what we have a question on unless we allow her to keep the
dogs, that fence is not within our jurisdiction."
Ms. Luck noted she was still going to have four dogs. Ms. Lemieux stated," The fence is part of the
recommendation of the ACO." Mr. Alonzo stated, 'I want it to be clear what this is, this is a dangerous
dog hearing, this is not a dog kennel requirement hearing."
Ms. Comeau stated, "I have already told her the fence has to be changed and she is in the process of
doing it." Mrs. Luck added, "And you are recommending a six-foot not a five-foot with a bent top."
Ms. Adams stated, "It's a situation where the dogs will always want to go after small dogs. There's a
responsibility here to have a responsive and protective outcome.
Jeremy Cohen, Boston Dog Lawyers and Legal Representation for the Gugliettis:
"There is not a lot of information here tonight on what a greyhound is. There are questions about that.
I've met them; I've gone to their house. This is a horrible situation, I'd be furious; they have the right
amount of fury. But not the right amount of information. The reason there are remedies here under the
law, under Chapter 140, section 157, is to give the remedies a chance. I think they are dangerous dogs,
under the definition they are dangerous dogs. But they weren't bred to attack. If you want to move away
two greyhounds because they went after a little dog, that is not the answer and I appreciate the statement
you made before because what are you going to do with the other four? They all have the same drive -
this fence was a major error. Just three weeks prior Mrs. Guglietti was responsible enough to babysit
their dog. So we are talking one mistake in 22 years. We are also talking about folks while everybody's
mind can change because since September 14" they said if you can guarantee that they won't get out
with a fence and a muzzle, we feel safe with that. So in 22 years, the dogs get out and attack one time. If
===PAGE 14===
was approved, I'm not sure. If only they had gotten a golden retriever, we wouldn't be here today.
Right away, the Gugliettis offered their insurance information. Right away, the Reverend shows up and
helps to fix the fence, they just need some guidance. My concern is it you are banning these two dogs,
just ban all the greyhounds. There's no way to say or train them not to chase rabbits and squirrels."
Mr. Terhune wanted to respond to a previous statement made by Attorney Cohen regarding muzzling.
Mr. Jeffreys stated he was not sure this was necessary since the Terhunes have requested euthanasia.
Mr. Alonzo stopped the testimony and moved on to the Board's deliberation.
Comments:
Mr. Jeffreys stated, "I think the idea/statement that if they only had a golden retriever it wouldn't have
happened is outrageous. There's no question that everyone involved are decent people. The way this has
been handled; the willingness to pay for bills is very respectable. I do think that these two dogs, looking
at these pictures of the fence, it's pretty clear this wasn't intentional. I want to make an analogy here that
is a little extreme, but I am still going to make it. If I had a weapon at my house that was loaded and on
that day that some kid picks it up and shoots another kid, 100% of the time before that moment, I was a
respectable human being, yet it does not excuse that on one day, at one moment, something awful
happened. But, as a gun owner, I have the responsibility to have positive control of my weapons.
As a dog owner knowing that your dog is going after small dogs, you have a responsibility to have
positive control of that dog at all times. It's clear the dogs have gotten out more than once. This fence is
a loaded gun; there is potential danger here for anyone who walks by with a small dog. It doesn't mean
you are a bad person but something significant was neglected. This never should have happened.
I think the dog clearly on the first part has to be found to be a disturbance to the neighborhood. There are
photos of Mrs. Terhune with her face bitten, permanent scars. It is clear Mrs. Terhune is traumatized,
that the inability to remember important details from the event is a sign of trauma. This is something that
she now has to overcome in her life and work on because of negligence of not having positive control. I
don't support euthanasia but I support banishment from our town."
Mrs. Adams stated," It was a severe attack and highly injured the dog and dog owner. It's great the dog
survived, but the incident is definitely worthy of a consequence, I will support the recommendation of
the ACO."
Mr. McQuaid stated," I definitely find the dogs were dangerous. As far as the options, 1 am definitely
not in favor of euthanasia for the dogs. If an adequate fence were installed, that would be good enough
for me but that existing fence is not good, especially for those dogs. If there were a proper fence, six feet
tall with the bent top as recommended by the ACO, I think that is safe enough. There are obviously four
more dogs there that have to be contained. If the rest of the Board wants to support banishment I can get
behind that but for me, proper restraint of the dogs would be adequate."
Ms. Luck concurred with Mr. Jeffreys and Ms. Adams. "If I was attacked, the nightmare of knowing the
dogs were still in the neighborhood and having two small kids who wanted to walk the dog, I would
===PAGE 15===
banish the dog even is someone else will take it, if we deem it dangerous. Which I think we all clearly
agree it is. "
Mr. Alonzo read aloud from Chapter 140, section 157, "No order shall be issued directing that a dog
deemed dangerous shall be moved from the town or city in which the owner of the dog resides. No city
or town shall regulate dogs in a manner that is specific to breed. "
Mr Atticy asked " Since we are res tried here, cao wc issue a determination that it is a dangerons
to give the owners the opportunity to choose to self-relocate the dogs?"
Mr. Alonzo noted." You are asking a legal question which I am not able to answer." Ms. Comeau stated,
"In the past the only thing we had to do was notify the town the dog was going to." Mr. Alonzo stated he
was reading from the statute. Ms. Comeau stated," It must have changed but I was unaware." Mr.
Alonzo stated to Mr. Jeffreys he did not know if that was allowed. Mr. Alonzo stated he would entertain
a motion on a finding in this case; that either the dog is a nuisance due to one of the three items listed or
that it is not a nuisance.
Mr. Jeffreys asked if it was possible to delay the finding and give the dog owners an opportunity right
now to come up and let us know that they are going to to be relocating the dogs so that by next week if
we decide to euthanize them, this becomes a moot point. Mr. Alonzo asked Ms. Lemieux if the hearing
could be continued. She concurred. Mr. Jeffreys asked, "Do we want to pause and give them the
opportunity before we make a finding? " Mr. Alonzo stated, "We can make a finding and determine the
option later.
66
Motion: M. Jeffreys
2nd: D. McQuaid
To find the dogs are dangerous
Vote: 4 in favor, 1 abstain (Adams)
2nd: D. MeQuaid
Motion: M. Jeffreys
To continue the hearing to October 15 at 7:30 p.m.
Mr. Jeffreys suggested asking the owner if she is interested in relocating the dogs. Mr. Alonzo stated,"
We can extend the hearing; we don't have to ask anyone anything." Attorney Cohen yelled out," You
don't have a copy of the current law, how can you do this without that?" Mr. Alonzo assured him that
they did have access to a copy of the current law. "We can send a link to the Board to read the options
for next week so we can make a determination. There are a lot of things at stake I would rather not rush
through anything until we have all read Chapter 157 and all of its options."
Vote: 4 in favor, 1 abstain (Adams)
Attorney Cohen asked for confirmation that testimony was closed. Mr. Alonzo confirmed it was. Mr.
Alonzo thanked everyone for providing witnesses and testimony.
===PAGE 16===
located at 1079 Massachusetts Avenue, shown on Assessor's Map 060, Lot 055, and any and all incidental and
related costs, including but not limited to, site evaluation, engineering and final design services, or take any other
action relative thereto.
The committee will be composed of seven members with three citizens at large.
1. Steve Walker, 227 Pleasant Street, stated he has lived here for six years and for most of that time has
been a member of or the Chair of the Public Access Cable Committee (PACC). He is a retired video
systems engineer. He is a stakeholder in TCP because PACC intends their new studio to be there.
"We desperately need that space, so anything I can do to encourage that to come together... we need to
set up the engineering within the building to make the best use of technology for public access to ensure
that with as few resources as possible that we can record and broadcast meetings. We can't invest
without our permanent space; we are ready to do this. I bring knowledge of public access cable needs
and how we can improve services to the town administration. I also have some recent experience in
building restoration. I was the property manager at my church for over three years. We bought three
buildings which had been abandoned for over ten years. My job was to bring them online and make
them useable again. I had to work with architects, structural engineers, a variety of contractors and city
and state officials. I believe I would be an asset to the committee."
Town Moderator Tim Murphy asked, "Are there any uses for the building that you think would be most
important to consider?" Mr. Walker replied, "It brings a lot of the different functions together that are
presently separated, it is on one floor, so it does not involve state inspections for elevators, and it
collocates the public access systems together with the administration of where meeting rooms are and
such. It also has parking."
Ms. Adams noted the school is using the building for extended day and wanted everyone to be aware of
this. "That space should be for school campus land at its location. How do feel about the fact that the
school is currently using it?" Mr. Walker stated he saw asbestos remediation as a problem if the school
was occupied while it was being done.
Mr. Alonzo asked Mr. Walker how closely he has followed all the Building Reuse studies. Mr. Walker
stated he began late but has read all three studies and likes the fact the studio was is there and meeting
rooms are nearby. But, he hasn't made up his mind on the rest of it. That is what he hopes to learn in this
process.
Mr. Alonzo asked if there was any part of the ATM article that was unclear about what the committee
charge would be. Mr. Walked stated no.
2. Grey Roy, 105 Chestnut Street, has lived here since 2002, and is a professional civil engineer by
trade. He served on the Conservation Commission for almost two terms and as a citizen at large on the
Middle/High School Building Committee. He attended the ATM and heard the discussion about the
article. He is interested in figuring out how we can best use the TCP building. He offers his expertise in
building to the committee.
===PAGE 17===
donoulate leg noy be de balls msg commence, tot bittle al largo
Discussion: Mr. Alonzo stated he worked with Mr. Roy of the Middle/High School Building Committee
and he was a big asset to that.
Vote: All in Favor
Motion: K. Adams
2nd
• D. McQuaid
To nominate Deb Christen to the TCP Building Design Committee, for citizen at large
Discussion ensued about reasons such as qualifications of the candidates, to nominate to the committee.
Vote: In favor- 3 (Adams, Alonzo, McQuaid) Against- 3 (Jeffreys, Murphy, Luck)
Motion: D. MeQuaid
2nd: T. Alonzo
To nominate Steve Walker to the TCP Building Design Committee, for citizen at large
Discussion: Mr. McQuaid appreciated PACC, to him, being a critical cog in the whole program that we
are trying to place down there. They are going to be a huge asset being able to bring all the town
activities to the public. Ms. Luck did not feel Mr. Walker was a citizen at large by definition but was too
interconnected. He can attend every meeting and provide all the input he wants.
Vote: In Favor- 2 (Alonzo, McQuaid), Against- 4
Motion: M. Jeffreys
2nd
. D. McQuaid
To nominate Mike Mackin to the TCP Building Design Committee, for citizen at large
Discussion: Ms. Luck felt he was qualified by having served previously on the School Building
Committee.
Vote: In Favor-5 in favor, 1 abstention (Adams)
Motion: T. Murphy
2nd: M. Jeffreys
To nominate Dave Blatt to the TCP Building Design Committee, for citizen at large
Discussion: Ms. Luck felt it was a great choice; he has a lot of energy. Ms. Adams stated she was
shocked that there is a committee of seven men, all had qualifications and that we couldn't go with Ms.
Christen and try to create a more diverse well-rounded board. Mr. McQuaid stated he voted for her as
well but to say you are shocked because we selected qualified individuals regardless of what gender they
were....Mr. Jeffreys did not believe gender matters here. Mr. Alonzo stated to whoever is not appointed
that all the meetings are open to the public.
Vote: 5 in Favor, 1 opposed (Adams)
The logistics of planning the first meeting were discussed. The Board thanked Mr. Murphy for
participating in the appointment process. They also thanked everyone for volunteering.
Ratification of Town Manager Appointment of Principal Clerk
Ms. Lemieux reported she and Treasurer/Collector Mallari had interviewed seven people last
Wednesday for the position. She was recommending ratification of her appointment of Megan Lordan as
Principal Clerk in the Treasurer/Collector's office. Ms. Lordan has been filling in as the interim since
this summer and has been working out well.
===PAGE 18===
• Agricultural Commission (1 regularmemberand 3 alternate vacancies)
• Americans with Disabilities Act Commission (1 vacancy)
• ArchitecturalPreservation District Commission (1 design professional; craftsperson or building
contractor familiar with historic renovation)
• Finance Committee (1 position appointed by the Finance Committee Appointing Committee)
• Open Space Committee (1 vacancy-citizen at large)
• Zoning Board of Appeals (1 regular member and 2 Associate vacancies)
Talent bank forms can be obtained on the Town Website and forwarded to the Board of Selectmen's
Office.
Financial Forecast:
During the last budget cycle, I had spoken with the School Superintendent and School Business
Manager about the School providing a projection of costs to implement their strategic plan and
addressing their staffing needs. I met with the Superintendent and Business Manager yesterday to
discuss this further and this will be incorporated into my Five Year Financial Forecast. We discussed
the goal of incrementally addressing the school's staffing needs, similar to how we have instituted a long
term plan for fully staffing the Fire and Police Departments.
Department Head Updates:
DPW: The paving season will be finishing up shortly. The DPW Director has been working with the Town
Manager on Complete Streets, the kick-off for the Pleasant Street Bridge, looking to apply for the Small
Bridge Program grant for a culvert on Flat Hill Road, starting the Townsend Harbor Bridge project in
the next couple of weeks, proceeding with getting a new fence installed at Wallis Park, working with the
Cemetery Commission on a budget for FY21 and capital requests for FY21, and getting a quote from a
consultant to work towards OSHA compliance.
Fire: The Fire Chief is working on submitting a SAFE/Senior SAFE grant and is waiting to hear on a
Federal AFG grant he submitted for Self-Contained Breathing Apparatus. The Ambulance and the
Engine that were in the FY20 Capital Plan are ahead of schedule for delivery but the Ladder Truck is not
expected to be received until April.
Town Clerk: The Town Clerkrelayed that the 2020 Census is out. There was a training on September
26th for election workers on the new voter equipment and the Town Clerk hopes to hold
demonstrations for the public at a later date and may set up a voting machine at the Special Town
Meeting.
Assessors: The Assessors will be converting to the new state assessing software in November. They also
will be starting to use the new software from the RMV for motor vehicle excisetax. New Growth is
being submitted the first week of October.
===PAGE 19===
of the 27 trees that Unitil proposed to be removed in their Storm Resiliency Program. The construction
of the gas station on Electric Ave is fully underway. There have not been a lot of development requests.
IT: The IT Director reported he has been busy with the School, which is normal at the beginning of the
school year.
Finance: The Finance Director reported that our estimated Free Cash is around $1.1M. She has been
working with ClearGov, the transparency software company, and the data is now up to date and has been
launched. The Finance Director and the Town Manager will be receiving training on the budget platform
that will be rolled out to departments after we are trained and this will be used for the FY21 budgeting
process.
Cable: PACC has been doing a lot of programming with the Eagle House and the Library. There have
been some issues downloading certain meetings from the server (Conservation Commission 9/18 and
Planning Board 9/23).
Library: The Summer Reading program was a big hit and saw increased numbers. The Library Director is
in the process of hiring a Library Page, which has been vacant for some time. October 5th is their annual
book and bake sale. The Director is working on finalizing the State Aid Report to be submitted.
Meetings and Other Announcements:
• Town Counsel Office Hours for October will be October 23rd from noon until 4 p.m.
• Iwillbeattending the Finance Committee meeting this Thursday at 7 p.m. for their public
hearing on the Special Town Meeting articles. The Selectmen are posted for this meeting as well.
Discussion ensued about the extra-large Pay as You Throw trash bags and problems with them.
CURRENT BUSINESS
1. Minutes/Warrants/ Action Items
The Board approved Minutes of August 20, 2019. The Board signed an accounts payable warrant in the
amount of $2,468,395.54.
Action Item: Mr. Alonzo stated he has gotten a lot of reports from residents regarding great road paving
but there are no painted lines on them making it difficult for night driving. It would be nice to see at
least centerlines before winter. Ms. Luck concurred that she has gotten comments too. Ms. Lemieux will
check with the DPW Director.
OLD BUSINESS
1. Review and recommendations for November 12, 2019 Special Town Meeting Warrant
Ms. Lemieux reported that Draft #2 has been reviewed by Town counsel and she has updated the
warrant accordingly except for the Saliba property article, which she is working on with Open Space
Chairman Brandon Kibbe.
Motion: D. MeQuaid
2"d: P. Luck
===PAGE 20===
vy l Dals all David Salva,
bens me telling land t
said owners as described in a deed recorded at the Worcester North District Registry of Deeds at Book
4630, Page 224, the northern portion thereof (approximately 259.31 acres, including approximately
21,740 square feet in Fitchburg, at 994 Northfield Road Rear, Lunenburg Assessor Parcel ID 037-
0015-00 and Fitchburg Assessor Parcel ID S31-12-A and S31-12-D) to be acquired by the Town under
the provisions of Massachusetts General Laws, Chapter 40, Section 8C, as it may hereafter be
amended, and other Massachusetts statutes relating to conservation, to be under the care, custody and
control of the Conservation Commission for conservation and passive recreation purposes, and the
southern portion thereof (approximately 58.75 acres at 961 Northfield Road S, Lunenburg Assessor
Parcel ID 037-0009-00) to be acquired by the Town under the provisions of Massachusetts General
Laws, Chapter 45, Section 3, as it may hereafter be amended, and other Massachusetts statutes relating
to recreation, to be under the care, custody and control of the Parks Commission for recreation and
parks purposes; and to raise and appropriate, borrow, or transfer from available funds a sum of
$782,000 for said purpose, including the payment of all costs incidental or relative thereto; provided,
however, that the acquisition of said property shall be contingent upon the Town being awarded the
maximum eligible grant amounts under the Commonwealth of Massachusetts' Local Acquisitions for
Natural Diversity (LAND) and Parkland Acquisitions and Renovations for Communities (PARC)
Grant Programs; that the amount borrowed will be reduced by any grant funding received towards the
property acquisition; and that the Board of Selectmen be authorized to enter into all agreements and
execute any and all instruments as may be necessary on behalf of said Town to affect the aforesaid
acquisition; or take any other action relative thereto. (Submitted by the Land Acquisition Committee)
Vote: 4 in favor, 1 Abstention (Adams)
Motion: K. Adams
To defer Article J. to Town Meeting To see if the Town will vote to acquire by gift that certain
property, determined to be unique, known as and numbered 842 Chase Road Rear, more specifically
identified in the Assessor's records as Parcel 013-0001, and being further described in a deed recorded
with the Worcester North District Registry of Deeds at Book 3611, Page 145, such property to be held in
the care, custody and control of the Conservation Commission for conservation purposes, no
appropriation being required therefor; or take any other action relative thereto. (Submitted by the
Conservation Commission)
The motion was not seconded.
Motion: D. McQuaid
To recommend approval of Article J.
2°: P. Luck
Vote: 4 in Favor, 1 Against (Adams)
Article K. To see if the Town will vote to amend the Sewer Service Area Map by adding 189 Cross
Road to the Lunenburg Sewer Service Area and Sewer Service Zone (parcel ID 112-58); or take any
other action relative thereto. (Submitted by the Sewer Commission)
===PAGE 21===
lapor o cilic
from a Grade 1 to a Grade 3; the position of Public Access Production Assistant to be added and
assigned Grade 9; the position of Recreation Director to be added and assigned Grade 9; the position of
Building Commissioner be changed from a Grade 14 to a Grade 16: the position of COA Director be
changed from a Grade 11 to a Grade 14; and the position of Assistant Town Manager/HR Director to be
added and assigned Grade 16; or take any other action relative thereto. (Submitted by the Personnel
Committee)
Vote: All in Favor
Motion: M. Jeffreys
2nd: D. McQuaid
Taptem ended prol MArties as folloe if tha Town film $810mended Coding f waraurg,
Chapter 81 entitled "Town Meetings
the sentence: "All requests for the insertion of subjects in the warrant tor the Annual lown Meeting
shall be submitted on or before 4:00 p.m. on the 42nd day before the date of the Annual Town Meeting»;
and substituting the following sentence therefor: "All requests for the insertion of subjects in the warrant
Tor the Annual Lown Meeting shall be submitted on or before 4:00 p.m. on the 47th day before the date
of commencement of the Annual Town Meeting"; or take any other action relative thereto (Submitted by
the Board of Selectmen)
Vote: All in Favor
Article N. To see if the Town will vote to amend the Code of Lunenburg, by deleting in its
entirety Chapter 140 Article I, entitled "Excavations and Earth Removal," and substituting the language
below therefor; or take any other action relative thereto. (This article is several pages long and not listed
in its entirety here.) Mr. Jeffreys noted last BOS meeting the Planning Board was asked, via Mr. Burney,
if they wanted the entire bylaw printed in the warrant. Mr. Burney stated the Planning Board was fine
with it not being printed, it's ultimately up to the person(s) printing the warrant. Ms. Lemieux stated if
there were several zoning articles, it could be available for viewing at town offices, but since this is the
only one this time, the full article would be in the warrant.
Motion: K. Adams
2nd: T. Alonzo
To print the earth removal bylaw article in its entirety in the special town meeting warrant
Vote: 4 in Favor, 1 Opposed (Jeffreys)
Mr. Burney reported the Planning Board changed the threshold on material from 1000 cubic yards to
500 cubic yards last Monday. (See section B.1.)
Motion: K. Adams
To recommend approval of Article N.
2nd. P. Luck
Vote: 4 in Favor, 1 Opposed (Jeffreys)
Article O. is the non-binding vote for demolition of the old Primary School.
Motion: K. Adams
To make no recommendation on Article N.
2°: D. McQuaid
Vote: All in Favor
===PAGE 22===
Selectmen to accept for nominal consideration a deed of a fee interest therein, said roadway having
been determined to be unique, to be used for municipal purposes consistent with those uses to which
other public ways in the Town are customarily put; or take any other action relative thereto.
(Submitted by the Board of Selectmen)
Mr. Alonzo asked if the Planning Board has met regarding the road acceptance. Mr. Burney reported
they had voted to release the bond and accept the work as in compliance with the subdivision as
approved. He added a memo from the Planning Board would be coming for the meeting next week.
Motion: P. Luck
2nd: D. McQuaid
To defer the Butterfly Lane article until Town Meeting
Vote: All in Favor
Article Q. To see if the Town will vote to file a Home Rule Petition with the General Court for a
special law authorizing the Town to grant an additional license for the sale of wines and malt beverages
not to be drunk on the premises to Lanni Orchards.
The proposed Special Act would read as follows:
ANACI AUTHORIZING THE TOWN OF LUNENBURG TO GRANT AN ADDITIONAL
LICENSE FOR THE SALE OF WINES AND MALT BEVERAGES NOT TO BE DRUNK ON THE
PREMISES TO LANNI ORCHARDS
Motion: D. MeQuaid
To recommend approval of Article Q.
2n: P. Luck
Vote: All in Favor
Article R. To see if the Town will vote to file a Home Rule Petition with the General Court for a
special law authorizing the Town to grant an additional license for the sale of wines and malt
beverages not to be drunk on the premises, in addition to that authorized by the Home Rule
Petition referenced in the preceding Article.
The proposed Special Act would read as follows:
AN ACT AUTHORIZING THE TOWN OF LUNENBURG TO GRANT AN ADDITIONAL
LICENSE FOR THE SALE OF WINES AND MALT BEVERAGES NOT TO BE DRUNK
ON THE PREMISES
Motion: D. McQuaid
To recommend approval of Article R.
2^: P. Luck
Vote: 4 In Favor, 1 Against (Jeffreys)
Due to the late hour, the Board deferred any remaining business until another meeting.
Mr. Alonzo reviewed the upcoming meeting schedule. Next week's meeting is as workshop meeting and
the continuation of the dangerous dog hearing and the layout hearing for Butterfly Lane.
===PAGE 23===
Mr. Jeffreys stated he would not be present next week but asked the Board to mindful of his perspective
on the dogs for the hearing.
Motion: D. McQuaid
To adjourn the meeting at 11:17 p.m.
Respectfully submitted,
Claire M. Peterson
Elaine M. Peterson
Executive Assistant to the Town Manager
2nd: P. Luck
Vote: All in Favor