Swampscott zoning board allows taller pit bull fence

SWAMPSCOTT-Vicious dogs and tall fences do not make good neighbors, according to the Zoning Board of Appeals.

But the ZBA does not have authority to order dogs out of town, so it quickly granted a variance allowing a resident to put up an 8.5-foot tall stockade fence because of two allegedly vicious dogs.

Town ordinance does not allow residents to construct a fence higher than six feet without a special permit, but the Zoning Board of Appeals did not hesitate before allowing a variance for Daniel and Nancy DeVellis, 35 Harrison Ave., to build an 8.5-foot stockade fence to protect themselves from two dogs they identified as pit bulls.

According to ZBA Chairman Daniel Doherty, the man who owns the dogs lives at 39 Harrison Ave.

Hugh James Schultz Jr. said he lives at the home, which is owned by relatives. He said the dogs are a pit bull mix and have been removed from the property.

“I got rid of them to avoid any issues,” he said.

Schultz said DeVellis built an eight-foot fence before the dogs moved in.

“He put up a fence without permits,” he said. “The building inspector made him take it down. So he needed to apply for a permit to put it back up. The dogs were just an excuse to get the permit.”

Doherty said he was appalled at a video Daniel DeVellis showed at the meeting of two dogs at the home next door to their residence.

“These two pit bulls were vicious,” he said. “I was outraged and do not believe those dogs should even be in town. I wanted them out of town the next day. This is a serious public safety issue. Those dogs are unbelievably vicious.”

Attempts to reach DeVellis were unsuccessful, but Doherty said DeVellis produced a letter from another area resident, who said one of the dogs attacked their dog last summer.

ZBA member Harry Pass agreed the dogs are a nuisance and public safety issue.

“The dogs were growling and barking and trying to jump the fence,” he said. “I want those dogs out of there. All Mr. DeVellis was doing was standing on his deck videotaping.”

Schultz disagreed and said the dogs are friendly.

“My dogs are friendly and are not vicious,” he said. “The dogs are friendly. If they are so vicious why didn’t they just jump the fence?”

Pass said the ZBA decision would require DeVellis to reduce the fence to six-feet high when the dogs are gone.

A former neighbor of DeVellis, who asked not to be identified, said the man has a history of antagonizing the neighbors.

“It’s starting to look like Fort Apache over there,” he said. “Everyone is putting up fences so they don’t have to deal with DeVellis.”

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