Dog Park Letter To Mayor Cohen

HARRINGTON & HARRINGTON* ATTORNEYS AT LAW 505 WALTHAM STREET WEST NEWTON, MASSACHUSETTS 02465

Peter F. Harrington James P. Harrington N. Jeanette Robinson

TELEPHONE 617-558-7722 FACSIMILE 617-527-4763

Jay W. Goldman Of Counsel

July 27, 2009 The Honorable David Cohen Mayor of the City of Newton 1000 Commonwealth Avenue Newton Centre, MA 02459 Dear Mayor Cohen, This office represents neighbors and abutters to Cold Springs Park, as well as other concerned local residents, who seek the suspension of the off-leash dog park "experiment" currently being conducted by the City of Newton within Cold Springs Park. I am writing to you as chief executive of the City of Newton. Knowing that the plan for the use of Cold Springs Park did not come from your office, it is my understanding that you may be the only person that can properly address my clients concerns in a timely manner. I am sending a copy of this letter to the Chairman of the Parks and Recreation Commission as I understand the Commission has authority over Cold Springs Park and the Director of the Department of Planning and Development as the Dogs Off-Leash Advisory Committee is under his auspices. As a courtesy I am sending a copy to the President of the Board of Aldermen. As you may know, my clients have been voicing their concerns over the problems created by this "experiment", to the City, through various channels, including appearances at the Parks & Recreation Commission hearings on the matter, contact through e-mail and in person to various Aldermen, and written correspondence to various municipal officials. The City appears unable or unwilling to take meaningful steps to ameliorate the concerns and problems. Most recently, efforts on behalf of my clients to reach a good faith compromise with the City, by fencing in a section of land in Cold Springs Park for an un-leashed "dog park", have been to no avail. In addition to the complaints that the current “Dog Park” allows an unsanitary condition to arise in the park, that the experiment is an attractive nuisance (un-fenced area for unleashed dogs wandering the park beyond the designated off-leash area), that it disrupts the rights of many Newton Citizens to the peaceful enjoyment of their homes and that the program disrupt the peaceful use of Cold Springs Park, it appears that the use of Cold Springs Park for the purpose of a “Dog Park” is a violation of the United States Department of the Interior, Land and Water Conservation Fund Project Number 25-00254 agreement, a copy of which is attached hereto. It is my understanding that, as a result of improvements made under that agreement, the entire 66 acre Cold Springs Park is subject to the provisions of USC 16, §460l-8(f)(3), which

states, in part, “No property acquired or developed with assistance under this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation uses. . . .” It is my client’s position that conversion of Park use for the private and commercial exercise of domestic animals is not a public outdoor recreational use and requires the approval of the US Secretary of the Interior. Further, the unattended excrement left by dogs and/or their owners, is an act that restricts and/or prohibits the use of the Park for public outdoor recreation use. The “Dog Park” use constitutes a conversion and unauthorized use of Cold Springs Park and, in particular, it impedes the recreation use authorized and funded under said Agreement. My clients have given testimony of trespass by both dogs and dog owners into their homes, that children and others have been put in fear by unleashed dogs, that fecal matter is left to infestation and decay within the Park and on private property, and that their ability to use the park for its intended and agreed upon purposes is being restricted. Because of rising neighborhood concerns and the volatility of the issues associated with the “Dog Park”, I request a reply within ten days. I would hope to avoid having to seek the assistance of federal and/or state officials to obtain enforcement of the Land and Water Conservation Fund Project Agreement Number 25-00254. If a meeting to review my client’s position will be helpful in obtaining a resolution of this matter, I will make myself available, at your convenience, either in person or by telephone. Sincerely,

Peter F. Harrington Copy: Francis Rice, Chairman Newton Parks and Recreation Commission 70 Crescent Street Newton, MA 02466 Michael Kruse, Director Department of Planning & Development Newton City Hall 1000 Commonwealth Avenue Newton Centre, MA 02459 The Honorable Lisle Baker President of the Newton Board of Aldermen Newton City Hall 1000 Commonwealth Avenue Newton Centre, MA 02459