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Penny stands with her owner, Jonathan Moffat, during Wednesday's dangerous/nuisance dog hearing. The case against dismissed.

Adams Board Dismisses 'Dangerous' Case Against Penny

By Sabrina DammsiBerkshires Staff
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Penny was mostly behaved during the session. The board voted unanimously to drop the complaint but reminded dog owners their animals must be leashed. Selectwoman Christine Hoyt recused herself from the hearing. 
ADAMS, Mass. — Charges of aggression against Penny the hound were dropped on Wednesday after her appearance at the Board of Selectmen resulted in licking faces, and a little whining.
 
However, all board members emphasized that dogs should always be leashed or fenced in when outside. 
 
Complaints had been filed against Penny and Mason, both Catahoula leopard dogs, for  "aggressively" charging at a family out walking with their dog. 
 
The dogs' owner, Jonathan Moffat, was unavailable at the hearing held in February, so the board voted to continue it to Wednesday. 
 
After meeting Penny, Animal Control Officer Kimberly Witek withdrew her recommendation to classify the dogs as a nuisance and to require them to be muzzled and leashed when outside the home.
 
"The original recommendation was to put a muzzle order in place. I would like to withdraw that, because the dog that was the biggest aggressor is no longer in the picture. Moffat brought the dog to me at the police station so I could meet her, I do not know how she is around other dogs," she said. 
 
"My recommendation is, when he's taking his dog from his house to his car, to have it on a leash or have a harness and just have a good hold in case there's another dog coming by, because I don't know how she is with other dogs." 
 
Moffat submitted the dogs' vaccination and licensing records, although Penny is not spayed. 
 
Brianna Shepherd, at February's hearing, stated that last November, two dogs chased her, her children (ages 1 and 4), her sister, and her own dog. 
 
On Wednesday, the board reopened the February hearing on dangerous dogs. After reviewing the case, they dismissed the complaint because of uncertainty about the events in question and concluded that neither dog was a nuisance or dangerous.
 
Mason was recently euthanized because of progressive epilepsy that could no longer be controlled with medication. 
 
The day of the incident all dogs involved were off-leash, which is a violation of the town's bylaws. All parties paid the fees associated with this. 
 
The penalty for dogs not physically restrained by leash when not on the owner's property is $50 per citation. Hunting dogs when being used for hunting or training are exempt.
 
Shepherd claimed they were four houses down from the owners' property on Grandview, when the dogs,  left their yard, "aggressively" charged at them unprovoked, and began to bite her dog.
 
She provided the board with a written affidavit of her experience, letters from neighbors who expressed similar experiences of the dogs leaving the property unleashed, and photos of cuts on a neighbor's dog, allegedly from an incident in 2023 involving Mason and Penny. 
 
Moffat claimed that Penny and Mason ran up to the petitioner's off-leash dog in the driveway to play and had "quite a lot of energy." 
 
He stated he remained in his truck and observed the entire incident, explaining that leaving the vehicle would encourage the dogs to run around and avoid getting in, as they often treat it as a game when both owners are outside.
 
"Penny is not dog aggressive, nor is she person aggressive … she still has quite a lot of energy and was wanting to play with a dog who just did not want to play with her. That's really what this boils down to–Penny wanted a friend, and that dog did not want to be her friend," Moffat said.
 
"It's an unfortunate situation, but no one was hurt, and I certainly don't think it's cause to bring this board together and set a finding of nuisance or dangerous dog." 
 
The complainant and respondent presented conflicting accounts of the November incident, which could not be independently verified, and no physical evidence was provided. 
 
"Essentially this situation comes down in my mind to it, 'he says, she said,' in terms of what actually, truly happened," said Selectman Jay Meczywor. 
 
"[It's] similar type stories, but in terms of the outcome and who's the aggressor, it just seems like there's a lot of gray area here."
 
Although the board dismissed the complaint, Meczywor cautioned that the owners be mindful of their neighbors, noting concerns raised in the numerous letters submitted. 
 
"Even if we do find that this isn't a dangerous or nuisance situation, this is on people's minds," he said. 

Tags: dangerous dog,   dogs,   

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Cheshire Receives Grant for South Street Water Main Project

By Breanna SteeleiBerkshires Staff

CHESHIRE, Mass. — The town recently received a grant that will help with water infrastructure on South Street.

Town Administrator Jennifer Morse last week informed the Select Board that the town has received $1,159,200 through the Housing Works Infrastructure Program for the South Street Water Main Project to upgrade the existing infrastructure to improve water reliability, quality and fire department needs for the town.

Department of Public Works Director Corey McGrath said it is a big win for the town, as it is a necessary project to help keep that portion of the road safe. 

"This is absolutely amazing and huge for the town. That section from the lights to Lanesborough Road is bottlenecked. We have sections 4-inch, 6-inch, and 8-inch. So, although the static pressure down on Lanesborough Road and Route 8 is fine, as long as you don't use it, once we use it, that drops down. We see it with the Fire Department with the hydrants, so it's huge," he said. 

"We have four businesses, two mobile home parks, multiple residents, a fire department, a commercial business, a commercial lot that could be a business at some time. So to not have the hydrants is risky. We have eight hydrants on that line. None of them are sufficient to fight a structure fire. So it's a big price tag, but we have a river that we have to go under, so that's what brings it up. So I can't express how important this is," he said.

The project was described as especially important because Route 8 is expected to be resurfaced in 2028 or later. Morse said he was told that after resurfacing, the town will be limited to emergency repairs for at least five years.

Select Board Vice Chairman Shawn McGrath thanked Morse for bringing more than $5 million in grants to the town since she was hired, leading to applause from the room.

"I don't think citizens realize how much money has been brought into the town since we went for the full-time administrator. So it's a huge job and a job well done," he said.

The board also hired new Police Officer Mitch Malloy, who is currently employed at Massachusetts College of Liberal Arts. Malloy was previously in the Navy and already has been through the police academy, so Police Chief Matthew Wright went before the board to ask if they would approve his hiring.

"[He] comes with that full-time academy training, which is invaluable to be able to have a candidate to be able to come in right off the bat, ready to hit the ground running. Interviewing him, I think he's going to be a great fit. I know he's going to be a great fit for our community, for our team that we're building at the police department," Wright said.

The board welcomed Malloy to the team.

The board also adopted a new town-issued cell phone policy and and a Cannabis Social Equity Policy. The board accepted phone policy unanimously and the social equity policy with one member abstaining and another denying. Morse said the social equity policy was necessary because the Cannabis Control Commission said the town was not in compliance.

The board members also spoke again with Town Clerk Whitney Flynn about the vault containing older documents of the town that are still at the former town hall. Chair Michelle Francesconi said it is not fireproof or waterproof, and that water issues had affected the surrounding area, expressing that something does need to be done and for Flynn to gather measurements and information on what she needs and about possible funding, including grant opportunities.

She also asked if a member of the board would act as a liaison with Flynn to help report back their findings, for which member Raymond Killeen volunteered. Flynn said more work will be done once the election is finished as it is a very busy time for her.

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