Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Animal Control topic
No spam. Unsubscribe anytime.
Select Board closes nuisance-dog matter without hearing, directs letters and offers mediation option
Summary
After months of attempted mediation and an offer from the dog owner to install soundproofing, the Select Board voted to close a nuisance-dog complaint without calling a formal hearing and to send letters encouraging mitigation and offering mediation if problems persist.
The Town of Concord Select Board on Feb. 3 voted to close a long-running nuisance-dog complaint without convening a formal hearing, following unsuccessful mediation attempts and a town attorney’s advice about enforcement limits.
Town staff recapped the case: the original nuisance complaint dated to Aug. 5, 2024. The town’s special counsel and the local mediator reported that mediation efforts had not resolved the dispute. Town staff said the owner had previously offered soundproofing to reduce noise, but the complainant did not accept that measure, and the owner later declined to participate in mediation.
Town special counsel Greg Corbeau of Kopelman and Page told the board that the board has discretion to decide whether to call a hearing and that, if the board wants an enforceable order, the board must hold a hearing and could impose fines. Corbeau recommended a pragmatic approach: close the matter without a hearing, send a single letter to both parties summarizing the issue and urging the owner to install soundproofing, and leave the door open to reconvene if complaints continue.
Board members asked whether the town could make dismissal contingent on installation of soundproofing; counsel said the town could request installation but enforcing a contingent dismissal would effectively require a hearing to determine compliance.
A board member moved to approve the town manager’s recommendations to prepare appropriate letters to both parties and close the matter without a hearing but to keep mediation or a hearing as options if the situation persists. The motion was seconded and passed by voice vote.
Next steps: the town manager’s office will prepare and send letters to both parties summarizing the town’s recommendation (requesting soundproofing and offering mediation) and noting that the town may reopen the matter if complaints continue.
