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.
If you would like to contribute information on this article, contact us at info@iberkshires.com.
Your Comments
iBerkshires.com welcomes critical, respectful dialogue. Name-calling, personal attacks, libel, slander or foul language is not allowed. All comments are reviewed before posting and will be deleted or edited as necessary.
No Comments
Friday Front Porch Feature: A Charming Home in Adams
By Breanna SteeleiBerkshires Staff
ADAMS, Mass. — Are you looking for a charming and inviting home? Then this is the one for you.
Our Friday Front Porch is a weekly feature spotlighting attractive homes for sale in Berkshire County. This week, we are showcasing 125 Friend St.
This newly renovated 1960 home has three bedrooms and one bathroom. It is 1,239 square feet on a 1 1/2 acre lot.
The house includes a basement level two-car garage, an eat-in kitchen and a sunroom perfect for all seasons. The house recently got new paint, new carpets, and a new 200-amp electrical service.
It is on the market for $349,000.
We spoke with Stephanie Rapisarda from William Pitt Sotheby’s International Realty, which holds the listing.
What do you think makes this house stand out in the current market?
It offers something difficult to find: a home that has been lovingly maintained by the same family for over six decades and is now being offered for the first time. Combined with its spacious 1.49 acre lot, beautifully renovated bathroom, and versatile four-season sunroom, this home presents a rare opportunity for buyers seeking both comfort and long-term value.
Do you know any unique stories about this home or its history?
Oh so many! My grandfather built the home. He and my grandmother raised their family there and when their kids had children, it remained a special haven for our entire family. My grandfather started his company CTC Inc. in the basement of the home, and his son still owns and operates the business today, now on a much larger scale.
The home's foundation is truly one of love. The pride of ownership is evident throughout the home, from its careful maintenance to the thoughtful updates that have preserved its character while enhancing everyday living.
How would you describe the feel or atmosphere of this home?
Warm, welcoming, and easy to live in. The home has a comfortable Berkshire feel, with bright living spaces, a practical layout, and a peaceful setting that makes it easy to relax and unwind. The four-season sunroom, back porch and beautiful yard create a wonderful connection to the outdoors throughout the year while still being right in town.
Our Friday Front Porch is a weekly feature spotlighting attractive homes for sale in Berkshire County. This week, we are showcasing 125 Friend St.
click for more
Town meeting on Monday approved all 35 articles on the annual meeting warrant, including a total spending for fiscal 2027 of more than $8.5 million. click for more
Among the things that Berkshire Arts and Technology Charter Public School senior Lilianna Choque was thankful for on Saturday was the fact that she knows all her classmates. click for more
Cassidy Flynn scattered five hits in a complete-game effort in the circle as Lenox upset top-seeded Hoosac Valley, 3-2, in the quarter-finals of the Division 5 State Tournament. click for more
Brayden Durant struck out seven and walked one in a complete-game effort on the mound Saturday to pitch the Drury baseball team to a 6-0 win over Keefe Tech in the quarter-finals of the Division 5 State Tournament at Joe Wolfe Field. click for more