WHATELY — After hearing more than an hour of testimony from numerous residents, the Selectboard deemed a dog dangerous and ordered it be confined to its owner’s property.

With reports from several people around town, Police Chief James Sevigne Jr. and the animal control officer, the Selectboard deemed Miles, a boxer owned by resident Denise Donohue, a dangerous dog and ordered that he remain confined to Donohue’s property.

Neighbors allege that Donohue is unable to control Miles when she is out for walks with him, citing several reports since March of last year, which Sevigne corroborated. Donohue, however, said these incidents happened a “year and a half ago” and Miles is more well-behaved now.

“There should be ample room on the owner’s property … I don’t think we really need to go any further than confining to the property,” said Selectboard Chairman Fred Baron. “If there is a problem that comes later on … that has to be dealt with at a later date.”

The hearing was brought forth after Colette and Chris Olanyk filed a report regarding two instances in which Donohue allegedly accessed their property with Miles. The first time, according to Colette Olanyk, Miles scared her 6-year-old son after barking and growling at him, while the second time Olanyk said Miles bit her arm and broke her skin through a jacket and sweater and scratched other parts of her body, causing her to call the police and resulting in having to get a tetanus shot the next day.

“The dog never seems to be under control, even when its on a leash,” said Olanyk, who also submitted 10 written statements from other town residents.

Donohue said the incidents with the Olanyks happened “a long time ago” and she has since gotten a new harness and leashes for Miles. Sevigne, who submitted 82 calls and incidents to the board, said he has worked with Donohue “three times in the last month alone.” He noted that he’s never had a negative experience with Miles, but “she clearly cannot control the dog.”

Several other residents from different neighborhoods, including longtime ZBA Chairman and lawyer Roger Lipton, also spoke up alleging Donohue had entered their property with Miles or that they were concerned the dog may threaten or injure somebody in town.

“I definitely felt threatened,” Lipton said of the experience at his home, adding he has video footage of other times Donohue allegedly entered the property when he was not home.

Following the testimony, the Selectboard closed the public hearing and briefly deliberated on whether “nuisance” or “dangerous” was the right designation before finally settling on dangerous due to the “compelling” and “quantity of testimony” they received.

“The problem as I see it, is that the dog is not under control out in the world, even when at the end of a leash,” Baron said. “To me the only answer that to that is not to allow the dog out into the world.”

The Selectboard — only composed of Baron and Julianna Waggoner because Joyce Palmer-Fortune is out of the country and is unable to be sworn in following her re-election — voted 2-0 to deem Miles dangerous and set the conditions Baron and Waggoner laid out.

Chris Larabee can be reached at clarabee@recorder.com.

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