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H
ARRINGTON &
H
ARRINGTON*
ATTORNEYS AT LAW
505 WALTHAM STREETWEST NEWTON, MASSACHUSETTS 02465
 TELEPHONE 617
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558
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7722FACSIMILE 617
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527
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4763
Peter F. Harrington Jay W. Goldman James P. HarringtonOf CounselN. Jeanette Robinson
July 27, 2009The Honorable David CohenMayor of the City of Newton1000 Commonwealth Avenue Newton Centre, MA 02459Dear 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 youas 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 RecreationCommission as I understand the Commission has authority over Cold Springs Park and theDirector of the Department of Planning and Development as the Dogs Off-Leash AdvisoryCommittee is under his auspices. As a courtesy I am sending a copy to the President of theBoard 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 variousAldermen, and written correspondence to various municipal officials.The City appears unable or unwilling to take meaningful steps to ameliorate the concernsand problems. Most recently, efforts on behalf of my clients to reach a good faith compromisewith 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 conditionto arise in the park, that the experiment is an attractive nuisance (un-fenced area for unleasheddogs 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, theentire 66 acre Cold Springs Park is subject to the provisions of USC 16, §460l-8(f)(3), which
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