March 31, 2005

Board of Selectmen

Town Office Building

16 Lincoln Road

Lincoln, MA 01773

Dear Board of Selectmen,

On April 4, 2005 the Conservation Commission intends to begin enforcement of new “rules” regarding how Lincoln residents can use Lincoln’s open space. The new rules require dogs be leashed at all times and restrained from swimming anywhere on the 230 acre parcel known as Mt. Misery. The new rules violate my rights to due process, and possibly the Lincoln General By-law.

Section 8, Article XVII of the General By-law requires the Commission to hold an advertised public hearing prior to publication of new rules or restrictions. No public hearing for new rules was held. In March, prior to the official announcement of the new rules, I received an email from the Commission’s Chairwoman explaining they decided not to have a public hearing to gather data or input because the Commission’s mind would not change.

In case you’ve been led to believe that a meeting on dog activity held back in January 2001 would suffice as a hearing for the new 2005 rules, I want to provide history and let you know the 2001 hearing can not suffice. The simplest reason to convey via this letter is that shortly after that 2001 hearing, the Commission posted a specific set of rules – an outcome of that hearing. Those rules allowed dogs to swim and be off-leash. Since the Commission collected and presented data at that 2001 hearing with the intent to hear public comment (the hearing was advertised) and subsequently posted rules as an outcome, the new 2005 set of rules clearly are not born of the 2001 public hearing. In fact, since 2001 there are likely less people (and dogs) on the property (there has been no new survey so we don’t know) because users of the Mt. Misery public land can no longer park at St. Anne’s.

Though there are many heartfelt reasons I oppose the new restrictions, I write to you now expressly to ask your enforcement, as Selectmen, of due process. The Commission clearly must hold a public hearing according to Section 8.

I also bring to your attention that the proposed rules violate my rights to be on public land with my dog under Article 11, Section 13 of the General By-laws, “Dog Regulations”.

Sincerely,