HARRINGTON & HARRINGTON*

ATTORNEYS AT LAW
505 WALTHAM STREET
WEST NEWTON, MASSACHUSETTS 02465

TELEPHONE 617-558-7722
FACSIMILE 617-527-4763
Peter F. Harrington Jay W. Goldman
James P. Harrington Of Counsel
N. Jeanette Robinson
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