Thursday, August 3, 2000 Older Editions

Ahead: Dog day decision

By Rebecca Piro

Since the Cassimere Drive neighborhood started making noise about a dog some residents said wouldn't stop howling, Andover police -- per order of the selectmen -- have kept their ears perked for even the smallest whimper coming from Lynda Fitzpatrick's yard, said Chairman Brian Major.

Selectmen had given Eppi until Tuesday, Aug. 1 to muzzle his outbursts.

But since mid-June, there has only been one incident where the Samoyan Shepard named Eppi made even a peep -- and Major is thinking he will let that one slide.

"Everything had been going really well," he said. "There was an incident where the dog barked (when an officer patrolled the area), but it was our canine patrol that went out there. Our dog barked first. It was very understandable," he said.

Two months ago, at least two neighbors came before the board to beg for an improved "quality of life" in their neighborhood, due to the dog's endless barking, Beech Circle resident Lisa Robinton had said.

Animal Control Officer Wayne Nader testified that Fitzpatrick had been the recipient of countless complaints and citations.

Selectmen agreed to put Fitzpatrick on probation through Aug. 1, and monitor the neighborhood periodically for any signs of disturbance.

But through it all, Fitzpatrick has maintained that her dog is just a dog -- he doesn't bark anymore than the other 12 dogs in the neighborhood.

Though Fitzpatrick is awaiting word from the selectmen since the Aug. 1 deadline has come and gone, she says she has no reason to worry.

"Eppi knows that he had better shape up or he's gone," she said, explaining that the dog seemed to be aware of his fate, and has barked less since the hearing. "He's been great."

Fitzpatrick leaves Eppi outside by himself much less now, and says she has done everything in her power to make the neighborhood a more peaceful environment to her audio-sensitive neighbors. "I want to be a good neighbor," she said.

Fitzpatrick says the whole incident was blown out of proportion to begin with, describing Eppi as a small, unoffensive, middle-aged pooch who limps from a hip replacement.

Eppi even attended puppy kindergarten for good behavior, she added.

Nader declined to comment on the likelihood of the dog decision, because the selectmen have not made an official comment on the issue yet. The selectmen will not discuss the issue as a board until next week's meeting.

However, if for some reason the probation period does not end in Eppi's favor, Fitzpatrick is prepared to suffer the consequences right along with her companion.

"I would move out of town," she said. "I would not separate with my dog. He's my best bud."