By Lisa Connell
GOSHEN– The Selectboard, along with a group of citizens, met with the Board of Health (BOH) on Monday to discuss the continuing problem of the escaping cows by the Spruce Corner. The cows keep wandering into the roads and trampling people’s yards.
Health Agent Jackie Duda chaired the meeting saying that the BOH was “fact finding,” in order to see what if any action they would take.
Selectman John Stellberger presented a history of the problem saying Animal Control Officer Kyle Meservey started getting complaints about cattle in the neighbors lawns and roads in 2010. However, things were officially brought to the Selectboard earlier this year.
When the Selectboard was made aware of the problem, Stellberger said he talked to the owner Cosimo Ferrante (who was not present at the BOH meeting), then sent him a letter to re-emphasize that the board thought this was a serious issue.
Then Ferrante came to the Selectboard around April 11, 2011. “We gave him about 30 days to fix the problem,” it was a verbal agreement. Things seemed to get better for a time, but then got worse. “We’ve had the residents in several times,” since then, and have also talked to Ferrante again. They gave him more time, but it still didn’t work.
The town then hired a field driver to deal with this but he quit after a short bit of time. Since this has been an on-going problem, Stellberger said the selectboard has voted to take legal action.
Selectman John Judd said these people here have had enough. They’ve been terrorized for two years. This has come to the end as far as the Selectboard is concerned,” and they are going to take action to stop this.
Duda took all the paperwork from Meservey, the Selectboard, and residents that documented all the above mentioned events and more. She said, “I wasn’t prepared for the volume” of documents.
When it came to the public’s turn to speak, they said the cows were out right now, and that the cows are out so regularly they call it “cow time” and they try to drive them home to protect the property.
Carole Hodge said the cattle have been in her yard and that today they wandered up Spruce Corner Rd. in to Ashfield where someone from Ashfield was seen shooing them back. They’ve been out in October and Thanksgiving, and it’s such a problem that she doesn’t like to go out for walks, “I don’t like walking with the cattle.”
Jim Berube of Spruce Corner said that in his front yard is his $17,000 septic and leach field and the cattle have been all over his place. Last night around 4 p.m. he took a picture with his cellphone which he showed to the BOH. At 7:30 a.m. “This morning the whole herd was in my front yard. At least 12 and one big bull. I’m worried about my tank caving in. Whose going to pay for that?”
Other residents say they have pictures as well and will give them to the BOH.
More than one resident was worried about their grandchildren being injured. It was noted that bulls are also on the loose, plus the cattle tend to run from time to time.
One family mentioned that they have a son who uses a wheelchair and he’s afraid to go out on the road, plus the cows leave ankle twisting holes in people’s yards.
After listening to the many complaints, Duda said the BOH is empowered under the nuisance law to take action, and after some deliberation, they agreed that this meets their definition of a nuisance. Duda said, “This is more severe than I thought and more recent.”
As to what happens now, Duda said she will make a phone call to get some advice, then the BOH will consider issuing a cease and desist order. This may take a week.
If Ferrante violates the cease and desist then they will probably file a criminal complaint. Eventually, they would ask a judge to remove the cows.
