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.
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State, Local Leaders Celebrate Funding Boost For Ashuwillticook Rail Trail Extension
By Sabrina DammsiBerkshires Staff
ADAMS, Mass. — State officials and local leaders kicked up their kickstands and took a ride along the final stretch of the Ashuwillticook Rail Trail on Thursday to celebrate new investments in rural communities.
Federal Funds and Infrastructure Office (FFIO) Director Quentin Palfrey joined local leaders, including State Rep. John Barrett III and Berkshire Regional Planning Commission (BRPC) Executive Director Laura Brennan, in Adams to highlight the newest round of FFIO funding. The grant will provide BRPC with $64,700 in state funds to help advance the Ashuwillticook Rail Trail expansion.
"When Governor Healey came into office, one of her big day-one commitments was to make sure that Massachusetts was fighting for every dollar possible coming out of Washington," Palfrey said, speaking about FFIO, a program created in 2023 to help the state aggressively pursue and coordinate federal funding opportunities.
This builds on a $17.3 million federal award secured last year for the project, dubbed the A2A project, which supports the design of a 9.3-mile shared-use path connecting the existing Ashuwillticook Rail Trail to the Williamstown Mohican Path.
"One of the things that she emphasized to me when we set up the Federal Funds and Infrastructure Office was that we need to make sure that these resources not only come into Massachusetts, but benefit all of Massachusetts," Palfrey added.
The additional $64,700 will allow BRPC to gather information about transportation needs in northern Berkshire County to help inform the design of the trail expansion. BRPC will partner with Williams College and Luminary Evaluation, LLC to use the University of Michigan's Transportation Security Index (TSI).
Brennan said BRPC will deploy a 16-question survey that will allow them "to research local and regional perspectives and surface the needs of our neighbors when it comes to transportation in the Berkshires."
"The best-case scenario would be if the survey turned up results that all needs are met and that everyone has access to the places and the things that they need to travel to – but we know that is not true," Brennan said. "We know that folks in Berkshire struggle to get to their place of employment, to be able to access important medical appointments, [and] other engagements. So, the transportation security index is going to help us really hone in on those specific needs, identify pockets of needs or areas where there is a strong concentration or depth of need."
She said FFIO's investment offers a "wonderful augmentation" to BRPC's current plans for the bike trail extension. It's also an investment that will make the region more competitive for other transportation opportunities.
"This is an incredibly multifaceted and valuable investment, and we deeply appreciate it," she said.
Barrett said these investments drive growth in the Berkshires.
"I've always found that if you're going to grow an area, you grow with what you have here to grow. You don't bring something in. We have a natural beauty. We have an environment that's second to none, and that's what we are going to grow on," he said.
Barrett said that in the First Berkshire District alone, 4,000 new people moved to the area.
"We're seeing that migration here. They're going to have activities. They're going to have jobs, and we're going to have a great educational system that goes with it with our two colleges that are here," he said.
Palfrey said it was clear during the initial creation of FFIO that federal funding often went to wealthier and more urban communities with larger planning departments and greater access to consultants. He added that FFIO helps reverse this trend and get projects in rural communities off the ground.
Adams Town Administrator Nicholas Caccamo recently announced that the town missed out on a $4 million U.S. Environmental Protection Agency Brownfields and Land Revitalization grant. click for more
BRPC was awarded an additional $64,700 that will allow them to gather information about transportation needs in northern Berkshire County. click for more
Matthew Wright, formerly a sergeant in the Adams Police Department, officially took his post on Tuesday, Sept. 8, and said he is excited to hit the ground running. click for more
The Fire Department's Engine 2 is suffering from rust and the Prudential Committee needs to decide if it should fixed or run until it can be replaced. click for more