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Date: 3/1/2023
MONSON – The Monson Select Board hosted a public hearing on Feb. 21 regarding a nuisance and/or dangerous dog kept by the owners at 198 Town Farm Rd. On Dec. 31, 2022, Monson resident Kevin Flanders submitted a written complaint alleging a “nuisance and/or dangerous dog” at this location.
Flanders father, Mike, and his wife, Susana, own property at 14 Cedarhurst Dr. They attended the hearing to speak on behalf of their son’s complaint, along with others.
Mike provided the Select Board with a handout and said, “We’re here to see what remedial action plans will be imposed for this dog that has attacked us as property owners and our dogs on our property [on] four separate occasions.”
The Flanders’ residence stands in front of the 198 Town Farm Rd. property, although Mike said there are other properties in between. He shared a map to show the two properties, a fenced yard – which is his – along with the alleged attack zones that occurred on his property.
In the back of the Flanders’ property, Mike said there are dog trails they created to walk their leashed dogs, daily.
“On four particular occasions we have been attacked by one particular dog,” said Mike. He alleged that Jax, the dog on Town Farm Road, has attacked both of his dogs four separate times.
“Each attack does get more aggressive. Now the dog is going strictly for necks,” shared Mike.
Susana said, “All I really want out of this whole thing – and I really believe this is a really convoluted way to do it – I would like them to put up a fence that works.”
She noted that her family also owns a dog named Jax. With a fence, she believes both Jax’s will be safe. Without one, she said she is scared to go to the trails because there is a possibility for an attack.
Select Board Clerk John Morrell asked how many times the incidents were reported to Animal Control. Mike noted that the first incident was reported as well as the fourth. He said the second incident was a result of an invisible fence issue and the third time, he spoke to the owners of the Town Farm Road property about getting their dog and fence under control. He went on to describe the fourth incident as “over the top” as it left Kevin with bleeding arms and a bite mark on their dog.
Susana said the owners have always been “very apologetic” and “seem very nice.” She added that she doesn’t want anything to happen to the dog, except for it to be under better control.
Morrell asked about the picture of the Flanders’ dog which shows a bite. He questioned if the dog had been taken to the vet to be treated. Susana said that when it happened, she did not see anything but two days later found a scab. The dog was monitored, and Mike said fortunately, it healed on its own.
Susana said that the process became “convoluted” when they asked Animal Control if the dog who bit their dog is up to date on vaccinations. She said it took several weeks to a month to hear back.
Mike explained that both attacks occurred outside of their fenced area. He alleged that he and his other dog, Jonesy, were both injured, as the dog suffered a twisted knee while Mike fell through the fence, hit rocks and was bleeding. He said the owner at 198 Town Farm Rd. came over and said the electric fence was an issue. The first time, Mike said it was “OK” and they could get over it. However, when it happened again, he said it became a pattern.
Mike noted that the owners were not there for the fourth attack, but a dog watcher was. This attack led to the Flanders contacting Animal Control and the Monson Police Department.
Susana shared that the dog in question has not attacked people, but in the process of attacking their dog, hurt the owners.
Next, the owner of Jax and 198 Town Farm Rd., Jamie Gagnon, went before the Select Board. She provided licenses for both of her dogs.
Gagnon said that their family dog, Jax, would never attack a human.
She went on to say that they were not home when the Dec. 30, 2022, incident occurred, but her daughter’s boyfriend was there letting the dogs out. She shared that his statement and location of the attack was sent to the Animal Control Officer (ACO). However, as nothing was recorded, it is all hearsay.
“We can see the [Flanders’] property from our house in the woods. It’s not as far away as it was stated and we see them walking in the woods,” said Gagnon.
Based on what was explained to her, she said it looked like the incident occurred on the “very edge corner” of her property.
Gagnon explained that she has three different property lines and has been trying to get the property zoned for the past year and a half.
Select Board Vice Chair Mary Hull asked if fencing the yard in for the dog’s own safety has been considered. Gagnon said that even if they wanted to, they don’t know what to fence due to the property lines.
Gagnon noted that the electric collars do work and even brought them to the meeting. She admitted that it has been “negligence” on their part, as the dog is good “99 percent of the time” and is “trusted” to go outside without its collar.
Sydney Plante, one of the ACOs for Palmer Regional, told the board that without a vet report, she cannot determine whether the photo of the Flanders’ injured dog was caused by a dog bite. She explained that it is a “he said, she said” situation on where the dog was located at the time of the incident. Also, Plante said that the ACO and Police Department are only aware of two incidents.
Monson Police Officer Brian Allenberg responded to the call on Dec. 30, 2022, although, when he arrived the incident was over. He said he spoke with the Gagnon’s dog sitter first and then with Kevin about 45 minutes later. At the Gagnon residence, Allenberg said the location where the incident occurred was pointed out to him and the dog sitter was extremely apologetic for what happened.
Select Board Chair Pat Oney went on to explain that the board could dismiss this complaint or deem the dog a nuisance or dangerous.
“I would say – in my opinion – that this dog isn’t dangerous because when I think of a dangerous dog, I think of a dog that attacked a person. It doesn’t mean that a dog [is] not dangerous because it [has] only attacked another dog,” but given the circumstances, this dog is not, Oney said.
Morrell agreed that the dog is a nuisance. “But it’s a strong nuisance ... It’s short of a dangerous dog,” he added. If action is not taken to confine the dog in the yard, Morrell said there is no doubt in his mind another attack will occur.
The Select Board unanimously voted that the dog is a nuisance.
Gagnon said she already received two estimates for fencing. She noted that her dog needs a lot of room to run around, so the entire area of their backyard would be the smallest she would go for him to be fenced in.
Oney said the board will let Gagnon decide whatever fence works best for them, as there is an expense to it.
She went on to make a motion for the Gagnon’s to fence in the area of their yard with a minimum area of one quarter acre with a maximum of 1.38 acres shown on the town plot of their entire yard. The fence must also be a minimum of 4 feet tall. The motion was seconded and unanimously approved.