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the Governor's Order Suspending Certain Provisions of the Open Meeting Law, G. L. c. 30A, § 20, all public meetings are
being conducted remotely.
Board of Selectmen present: Tom Alonzo, Chairman; Phyllis Luck, Vice Chairman; Katey Adams and
Michael-Ray Jeffreys
Not present: Damon McQuaid, Clerk
Also present: Town Manager Heather Lemieux; Adam Costa, Town Counsel
The meeting commenced at 8:48 p.m.
Mr. Alonzo asked everyone if they had read Attorney Kennefick's opinion regarding the impoundment of the
two dangerous dogs owned by Ms. Guglietti during the appeal proceedings. The appeal court had upheld the
Town's decision and the Gugglietti's lawyer, Jeremy Cohen, stated he was going to file another appeal. Then the
coronavirus closed everything down. Now Mrs. Terhune, the victim, does not feel safe because the dogs are still
across the street from where she lives.
Attorney Costa confirmed that Jeremy Cohen had filed an appeal for a de novo trial before a district judge but
the courts are closed until May 4"'. There are still more opportunities to appeal, but it typically it gets more
involved for the appealing party to overturn the previous judges' decisions. As far as impoundment, we can go
to the district court while the appeal process is underway and request intermediate relief; a restraint order or
impoundment with specific conditions. There is cost involved and it would only be for the interim.
Ms. Adams asked about the denied kennel license; don't they have to downsize the number of dogs now? Costa
stated he was told there are now five dogs on the premises. At least two would have to be relocated due to the
license denial. He noted Kennefick was frustrated with the poorly worded dog laws. There is no defined
appellate process/timeline for appealing a kennel license. When there is no process for appeal, you would defer
to the statute allowing 60 days. The town would have to enforce the zoning ordinance with some form of cease
and desist order and assess fines if the dogs are not downsized
Ms. Adams asked if the kennel licensing was under the BOS jurisdiction, the Police Dept. or the ACO. Costa
stated the dangerous dog determination falls under the BOS and the kennel license falls under the ACO. She
would have to issue a cease and desist order if it comes down to enforcement. Any litigation would come back
to the BOS.
Mr: Jeffreys stated the Gugliettis have been raising money for legal assistance on social media. They have
tapped into their savings to pay for the new fence. Ms. Luck stated she thought the dangerous dogs could not be
relocated. Costa stated you are partially correct, the statute says nothing about the owners relocating the dogs.
But the "dangerous" determination follows the dogs. One side conversation between Cohen and Kennefick was
to relocate the dogs to a rescue facility in New Hampshire. It would reduce the need for a kennel license and the
Town would not have to seek impoundment.
Mi. Alonzo believed the dangerous dog determination and the email from Mrs. Terhune was of a more critical
nature to him. We determined that and the court upheld our decision and the dogs are still there. This situation
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permission from a NH court to place the dogs there.
Motion: K. Adams
2nd: P. Luck
Through Town Counsel we communicate formally with Attorney Cohen about the BOS intent to
impound the dogs and seek to enforce the kennel license issue
Discussion: Mr. Alonzo stated it makes sense to try to resolve this in the interim outside of court. Attorney
Costa stated they will send correspondence to Attorney Cohen that they will attempt to impound the dogs
during the dangerous dog decision appeal process and also intend to enforce the non-compliance of the kennel
license, as a settlement but want to find a reasonable solution for all and ask him to contact us.
Vote: Ms. Adams-aye, Mr. Jeffreys- aye, Ms. Luck -aye, Mr. Alonzo-aye
Attorney Costa exited the meeting. The Board moved on to Executive Session II. Those minutes are separate.
The session concluded at 9:29 p.m.
Respectfully submitted,
Claim. Peterson
Elaine M. Peterson
Executive Assistant to the Town Manager