Posted Saturday, May 12, 2018 3:45 pm

RICHMOND — A farmer whose guard dogs have attacked people three times in the past nine months has been ordered by the town to install fencing and signage among other steps designed to protect the community.

After six hours of public hearings and discussion over two nights, the Select Board voted on Thursday to impose the stringent restrictions, which are subject to appeal, on Thomas Gardner, who owns the 29-acre parcel at the intersection of State Road (Route 41) and Lenox Road.

That followed a four-hour meeting Wednesday that included sworn testimony by neighbors and bite victims, after which the board voted 3-0 to declare as "dangerous" all of the estimated 19 dogs owned by Gardner.

The hearings were called in response to two previous attacks, as well as numerous complaints by neighbors who felt threatened by the animals.

A third attack was reported Monday afternoon.

Robert Hoogs, a landscape designer with Foresight Land Services in Pittsfield, arrived to work at the property when he was set upon by several of Gardner's Maremma sheepdogs, a breed of white livestock guard dogs.

A written report from Fairview Hospital in Great Barrington stated that Hoogs suffered bites by multiple dogs in the right leg, both arms, his back and buttocks, and his elbow.

Gardner's defense attorney, Andrew Hochberg, said his client has volunteered to euthanize three of his guard dogs, named Conrad, Barack and Leftover, identified as responsible for the attack. The board voted unanimously in favor of euthanizing those dogs.

It was the third officially documented incident since last August, when Cody Edgerly, a 21-year-old college-student solicitor, was treated at Berkshire Medical Center for injuries following an attack by several of Gardner's dogs.

On March 16, neighbor Verne Tower also was treated at BMC for multiple puncture wounds after he tried to get at least five dogs back on the farmer's property after they had escaped through a gate blown open by high winds.

After Monday's attack, Gardner's dogs were placed under quarantine by Animal Control Officer John Springstube for the third time since last August. "It's the largest quarantine I've ever had to do," he pointed out.

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Asked by Selectman Roger Manzolini if he considers Gardner's breed of sheepdogs vicious, Springstube responded that "they're trained to be guard dogs and of all the guard dogs, they are the most aggressive. Out of their territory, I would consider them vicious. These are protective dogs. If you enter their territory, they're going to come after you, no matter what."

The animal control officer acknowledged that Gardner's dogs can be considered dangerous. But, he added that under certain circumstances, "You can't trust any dog, not even your pet."

Town Administrator Mark Pruhenski presented an extensively researched investigation of the dog attacks, including written statements by two victims and a half dozen anxious neighbors. The formal public hearing on Wednesday was attended by about 30 residents.

Hochberg, the defense attorney representing Gardner, presented an informal statement on behalf of his client, who did not attend the hearing because, according to the lawyer, he was out of town on business. In an interview last month, Gardner told The Eagle he keeps the guard dogs to prevent his sheep and chickens from being slaughtered by predators such as coyotes.

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Describing the three incidents as "unfortunate" and voicing concern for the bite victims, Hochberg told Tower he made "the wrong choice" when he got out of his vehicle to try to get the pack of dogs to return to Gardner's farm from the state highway, Route 41, where Tower said they were running loose.

Tower testified that the dogs "will protect whatever they perceive is their domain when they get out, and leaving the discretion of that up to the dogs is totally inappropriate and extremely dangerous."

Hochberg proposed "appropriate" solutions involving "humane, reasonable restraint," including secure, solid fencing, warning signs, inspections and insurance for the 16 dogs remaining on the farm after the three Maremma sheepdogs are put down by the end of this month.

Town Counsel Donna MacNicol assured the selectmen that they have the right to impose reasonable restrictions in response to the attacks, even if the dogs responsible for each incident cannot be specifically identified.

On Thursday night, the Select Board approved orders requiring Gardner to construct a solid, opaque, electrified fence around the entire perimeter inside 35 to 50 feet of his property within 60 days and that the farm entrance be secured by a self-closing, locking gate.

The conditions also require physical, visible identification of each dog; spaying or neutering of all dogs within 30 days; proof of insurance not less than $100,000; a two-inch block letter sign, "Warning: Dangerous Dogs"; a prohibition on adding more dogs, an eventual limit of four through attrition, and a requirement that the Select Board be notified directly by the owner within 24 hours after any bites to humans occur or if any dog escapes from the property.

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Hochberg, the farmer's attorney, has pointed out that his client could appeal the final decision by the Select Board within 10 days after it's filed with the town clerk. He noted that any appeal would be heard by a clerk magistrate and then a judge at Central Berkshire District Court in Pittsfield, and he asserted that it could be two to four years before all potential appeals are resolved.

Selectman Manzolini complained about Gardner's absence from the hearing, declaring that "if he took this situation seriously, he'd be here."

Hochberg strongly objected, calling the point "completely unreasonable." The attorney blamed a "miscommunication" regarding the hearing date for his client's absence. But Pruhenski, the town administrator, emphasized that "there wasn't any miscommunication." A previous hearing date had been postponed because Gardner was unable to attend.

Manzolini also asserted that Gardner is unable to control his dogs, a point disputed by the attorney.

"He controls his dogs as best he can," Hochberg said, citing additional fencing installed by his client recently. But Manzolini responded that Gardner has not acted responsibly in his response to the series of canine attacks.

The threats to immediate neighbors are "intolerable," said Selectman Neal Pilson. "We can't require that all the dogs be euthanized or shipped out of town. Tom's offer to euthanize three of the principal culprits is a step in the right direction."

"It is a very dangerous situation here," Pilson said. "We have the authority to be tough."

As for the dogs' mission of safeguarding farmer Gardner's flock, Manzolini declared: "I don't want to get into sheep protection. I'm interested in community protection. I'm concerned about dangerous dogs doing harm to the community."

But Select Board Chairman Alan Hanson argued that "if you're confining them to a small pen, you're defeating the purpose of the dogs. You might as well euthanize all of them if you're going to do that."

Clarence Fanto can be reached at cfanto@yahoo.com, BE_cfanto on Twitter, or at 413-637-2551.