Halifax selectmen met Tuesday night with a dozen citizens who want something done about the abandoned and run down houses in town.

Town Administrator Charlie Seelig told the board that in response to several inquiries and reports of problems, especially in the former cottage area of West Monponsett pond, there is little that the town can do with these half dozen or so properties that have been abandoned.

Seelig told selectmen and the citizens that the Treasurer/Collector has identified those properties whose real estate taxes have not been paid, and has begun foreclosure on them.  What the town will do with the properties, once the foreclosure for taxes due has been accomplished, remains to be seen. 

The citizens are concerned not only for the attractive nuisance of the properties, the fire hazard, and the potential for rodent infestation, they are also concerned that the falling down houses are bringing down the property values of their homes.

One resident noted that he has owned his home for six years, and his valuation is less than when he bought it, due to the several rundown abandoned properties in his neighborhood.  But his real estate taxes continued to go up, he said.  Residents said they want something done to protect their neighborhoods from further decay due to the abandoned homes blight.

Seelig said that there are two situations in the mix right now – those houses that have been deserted and are run down and the real estate taxes have not been paid, and those houses that are run down with no one living in them but the taxes are paid.

For those whose taxes are not paid, town foreclosure is the answer, then what to do once the town takes possession of these parcels is unsure.  Seelig said that he could not see town meeting voting the funds to tear down the houses, take out the oil tanks and the foundations, only to be left with a non-conforming lot that could not be built on and is of value only to an abutter to increase the size of their lot. 

As an immediate fix of the problem of a house open to the elements, Seelig told the group that any citizen could report an open building and selectmen could ask the finance committee for an immediate appropriation to board up the house to prevent people and animals from entering it.  Other than that, there is nothing in the by-laws to deal with abandoned homes.

For those properties whose taxes are paid but the premises are left in disrepair, the town could, with a new by-law, fine a property owner until he brings the property up to code.  Seelig said that he would seek out selectmen’s wishes on the matter, to write a new by-law, which would need a 2/3 majority vote to pass.  Seelig also told the group that they themselves could submit a bylaw for annual town meeting approval in May with a 10-taxpayer petition submitted to selectmen before the deadline for such submissions sometime in April.  In the event that the citizens would like to have their article put on a special town meeting warrant, it would take 100 signatures to have their by-law included on the warrant.

Properties that are derelict and run down, but not abandoned, may rebuild, Selectman Tom Millias told the group; they can request a variance from the Zoning Board of Appeals.  Millias, a former building inspector for the Town of Halifax, explained that once a building is declared abandoned, it can no longer qualify for “grandfathering” in a new building permit on a non-conforming lot.

Selectmen assured the group that they have heard the concerns and are sympathetic with them, and will work to find a solution to the problem.

Seelig said he has researched the 351 cities and towns to see if any have a bylaw dealing with keeping buildings and grounds to a certain minimal level, and did not find any.  Even if the town does enact a by-law, who makes the decision?  Is it appealable? 

And, selectmen noted, even if a by-law is enacted, it takes time for the process to unfold.   Brockton and Longmeadow have each received substantial grant monies to help with the abandoned homes and Seelig said he would watch for such grants to see what help is available.

Plympton and Halifax selectmen met at Plympton Town House Tuesday, Nov. 29, to brainstorm cost-saving measures and areas where the two towns could benefit from regionalization.

Also taking part in the conversation were Halifax Fire Chief Jason Viveiros, Plympton Fire Chief Warren Borsari, Halifax Town Executive Assistant Charlie Seelig and Plympton Town Coordinator Dale Pleau.

Plympton selectmen had reached out to neighboring towns to explore the possibility of becoming more cost-efficient through combining forces to provide citizens with the best safety services at the most reasonable cost.

Fire Chief Warren Borsari told selectmen several weeks ago he had contacted Halifax’s Fire Chief Jason Viveiros to go over these possibilities and the regionalization discussion was scheduled.

Three options were brought to the table to combine the fire departments and ambulance services for Plympton and Halifax, with Halifax being the host town and Plympton run as a satellite fire station.

Option one would see two ALS (advanced life saving) ambulances, one stationed in each town, Viveiros said.  Halifax currently staffs one and a half ambulances for Halifax alone.  Viveiros said that the additional staffing to cover Plympton would cost Halifax $250,000, and Plympton’s ambulance receipts are only $190,000, leaving a  $60,000 shortfall.

Option two would take into consideration usual time of day call volume and staff accordingly.  At 8 a.m. call volume spikes, Viveiros said, and by 6 p.m. calls decline.  At 6 p.m. the Plympton ambulance would close and two ambulances would be run out of Halifax.  The additional cost would be brought down to $218,000 to cover.

Option three would be to maintain three full time people in Halifax all the time, and two full time people in Plympton, providing ALS coverage.  It would be run as one community.

Dale Pleau said that nowhere in Massachusetts has this been done successfully; New Englanders just don’t want to surrender control to another entity.  While financially it might be good, he said, there is such a passionate, emotional response…

Various staffing options were presented, and preliminary costs explored, and while much of the data was estimated, and few hard numbers calculated, first views appear to show little if any cost savings to Plympton.  Viveiros said both towns are in about the same situation, as far as equipment and personnel go, and that while savings could be realized, they wouldn’t be at first, they would be “down the line” as equipment needed to be replaced and other items could be bought as a region.

Plympton’s selectperson Christine Joy complemented Viveiros on Halifax’s development and use of a staffing formula for ultimate coverage, and she was assured that Halifax would be willing to help Plympton put a similar formula in place for their town.

Plympton selectman John Traynor asked if there is any grant money available to help in the regionalization process.  Viveiros answered that there is a grant available, with application time beginning January 1 and closing Feb 1, which would give a one-time $200,000 benefit.

Joy told the group Plympton has a grant from Old Colony Planning Council to look into regionalization.

Other areas investigated included sharing an animal control officer.  Halifax said it had no problem with Plympton asking their ACO to put in some hours for Plympton, but their ACO works as a part time town employee and Halifax is not interested in adding hours for Plympton that would make Halifax pay full time benefits, leave, and insurance to what is now a part-time position.

Joy told the group that she had spoken with the Halifax ACO and had never gotten a budget from her so could go no further with the proposal.  Halifax Selectman Kim Roy said that Halifax pays their ACO $21,000 and Joy countered that Plympton pays their ACO $5,250.  “Maybe that’s why Noreen didn’t call us back, “ Joy said.

Combining assessing departments was explored, when Town Administrator Dale Pleau suggested that there might be some savings there: all that would be needed would be a clerk to man the office, and the towns might share an assistant assessor to do the “heavy lifting.”  Charlie Seelig countered that Halifax employs a principal assessor full time, and an assistant who is almost full time.   Tom Milias, Halifax Selectman and Assessor, said he could see how the two towns’ departments could be blended.  Pleau said Assessing is one department which is universally done the same way in all towns; it is somewhere we could save some money.”

Looking ahead to the retirement of Plympton’s Town Accountant, the possibility of regionalizing there was not considered because Halifax already employs a full time town accountant.

The group felt the meeting was constructive and will continue to investigate regionalization cost saving measures.

According to Selectperson Christine Joy, the Tuscher family home and land on Montello Street in Carver may be saved from eminent domain by that town.

Reporting  Monday night on the Carver Redevelopment Committee, Joy told her board that there were many people at the Carver meeting demonstrating in support of Tuscher family, and that was the only issue that was discussed.  “We did not even get into Montello Street,” Joy said.  Montello Street crosses through both Plympton and Carver and will likely be redesigned to accommodate the new project.

She said she believes that the result of the meeting is that the Tuscher home has been taken off the list of those being taken by eminent domain; that the plan has been modified so that only a small portion of Tuscher property will be needed, “only a foot or so,” she said.

Selectman John Traynor asked if the Tuscher home was the only one the redevelopment LLC was taking.  “No,” Joy answered.  “They were going to take several.”  The Tuscher property was the only party where the owners did not want to sell.  The redevelopment company has sales agreements with the other parties, Joy said.  The developer was present at the Carver meeting and said they didn’t want to take anyone’s property who wanted to stay there, so he supported taking them off the eminent domain list.

Legal services

Town Counsel services are provided by the law firm of Koppelman and Paige and their contract is due to be renewed.  Plympton put out a request for proposals for Town Counsel and the only firm responding was Koppelman and Paige, proposing an annual retainer of $36,000, which would include only routine counsel services, but not adversarial matters, litigation, or major real estate development. 

Selectmen Chairman Colleen Thompson reported the town paid $55,850 last year without being under retainer, most of which was litigation and major real estate projects, none of which would be covered under the retainer option. 

Traynor offered that once several matters are concluded, Plympton should see their legal bills reduced considerably, and should something unexpected occur, it likely wouldn’t be covered under the retainer proposal anyway. 

The board agreed to wait a few days to get more information and have legal fees broken down before calling the matter to a vote.

Regionalization of services

Selectperson Joy drafted a letter to surrounding communities regarding the regionalization of some services that might be shared, such as town accountant, fire services, ambulance services, senior services, and animal control. 

Thompson said that a family member works in central Massachusetts with the highway department and they bundle their projects with surrounding towns wherever possible, citing lane striping as an example.  When the towns contract for lane striping, they all do it on the same day, with the same provider so that there is only one setup cost and the provider starts at one town and continues through several towns to get the job done efficiently and in a cost-effective manner.  Adding to the list of possibilities, selectmen suggested adding other collective purchasing of supplies.   

Open Meeting Law

Traynor, Thompson, and Joy each have a different take on just what the intent of the Open Meeting Law is.  In a lively discussion of the “Parking Lot” area of the Selectmen’s Meeting Agenda, Traynor said that he wanted some items in the “Parking Lot,” meaning they are items which might be discussed, taken off that list.  He reasoned that if something is on the agenda, a person reading the agenda should have a reasonable expectation that the topic will be discussed, if only as a brief update.  Some items in the “Parking Lot” will likely not be discussed for months, such as the spring accountant’s report. 

Thompson said that her sense of the Open Meeting Law was to make it more difficult to bring something up at a meeting that hadn’t been prepared.  If something isn’t on the agenda, it shouldn’t be discussed.

Traynor continued that he thinks the Open Meeting Law should make meetings more transparent, furthering that sometimes he doesn’t know he wants to talk about something until that night.  Joy said that in that case, the topic would be placed on the agenda for the next meeting, giving interested parties an opportunity to speak to the issue.

Joy also said that when selectmen had an area at the beginning of the meeting for “any other items,” they were warned that they could be found in violation of the open meeting law as this did not give notice of the discussion to the public.

“I would put everything out there,” Traynor said, “I think that the more we put out there and the more people see how we come to the decisions we make, they will better understand the process rather than just seeing the end result.”  He also said that he would put much of what is now heard in executive session into public meeting; not pending litigation, wage negotiation, personnel issues, but other items which fall into the category of ‘might result in litigation.’ 

Thompson said that her inclination was to take the “Parking Lot” off the agenda.  If we want to meld it with the tasks list, that’s fine. “I definitely do not want to add it to the agend  I think it has the potential of making meetings too cluttered, too long.”

Joy said the Parking Lot is a neat way to keep track of things.  “It’s a working document,” she said.  But if there are things we want to talk about, let’s just put them on the agenda.

Bylaw Review committee

Nine people have come forward to serve on the by-law review committee, and the board agreed that a nine person board could be awkward, and perhaps splitting into three groups of three, each group taking on a separate area of the by-laws to review.  Selectmen were pleased with the response and look forward to getting the group, which is an advisory committee, started after the first of the year.Town Owned Land Sales

Robert Jacobsen came to a “Meet with a Selectman” Tuesday night session asking John Traynor about a strip of town-owned land which runs between Main Street and Parsonage Road.  He is interested in acquiring it.

Thompson said, “We’ve talked to them at least twice,” and it isn’t as simple as cutting off a strip of land; it needs to be surveyed.  Who’s going to pay for the survey?  Not the town.   And even if it were surveyed and paid for by Jacobsen, there is no guarantee that he would get it at auction. 

Traynor said he had spoken with Town Treasurer/Collector Colleen Morin regarding town-owned land parcels, and Morin told him it will take six months to do the work to bring them to auction status. 

Joy said she got an opinion from counsel regarding town-owned land.  “It really spells out what we need to do,” she said.   Joy said she didn’t think the town gave Mrs. Morin the status to sell town-owned property; she completes the process needed and selectmen are the ones to actually sell the property.

In other business:

• Selectmen accepted the resignation of Deborah Anderson from the Community Preservation Committee as one of the selectmen’s representatives to that committee in order to create a vacancy which former Planning Board member Irving Butler could fill.  Anderson, who is a member of the Planning Board, could then be appointed by that board to act as its representative and continue on the CPC.

• Selectmen turned down the gift of a ¾ acre parcel of land on Churchill Road because the town would have no known use for it at this time. 

• Selectmen will investigate the writing of a by-law that will allow the replacement of an elected official who for whatever reason cannot or will not attend meetings, rendering the board ineffective. 

• Selectmen will next meet Monday, December 5 at 6 p.m. unless otherwise noted.

Area 58 Community Access Media, serving Carver, Plympton, and Halifax, will be holding an Open House from 10 a.m. to 4 p.m. Saturday, Dec. 3. at Area 58’s studio, 96 North Main St., Route 58, North Carver, in the Honey Dew Donuts strip mall located between McDonald’s and CVS, just south of the junction of Route 44.

Visitors can tour the studio, see how a television show is created, find out how they can learn to use a camera or do video-editing themselves, discover the possibility of doing their own TV show, and meet and talk with people who have done just that.

Area 58 Community Access Media is found on channels 13, 14, and 15 on Comcast cable systems in the three towns. Channel 13 is for general public access programming. Channel 14 provides coverage of educational events and meetings and channel 15 does the same for government events and meetings.

The actual joining of the public access TV operations of the three towns was not a spur-of-the-moment decision, but was carefully considered by the towns involved.

The process began in 2012. Rich Goulart, Executive Director of Area 58, recalls how he was asked to develop a 5-year plan for Carver Community Access Television.

“I realized the only way we could truly increase our effectiveness was by partnering with neighboring communities,” he said.

Right around the same time, Halifax and Plympton were coming to the end of their contracts with Comcast and were looking for new solutions.

“I met with their Cable Advisory Committees, and the seeds for the partnership were sown,” Goulart said.

Those seeds came to fruition with the creation of Area 58 Community Access Media in 2015.

The name was chosen because Route 58 runs through all three towns, but Goulart admits with a smile that the station’s logo, featuring someone pointing a camera at a UFO, is a playful reference to the mystique of “Area 51,” a US Air Force facility in Nevada engaged in highly secret research projects which often has been connected to claimed sightings of UFOs.

Ron Clarke, president of the Board of Directors of Area 58, is firm on the operation’s value.

“Area 58 Community Access Media plays a vital role in the life of our towns,” he said, because it “brings us unfiltered coverage of government meetings and local events.”

What’s more, because such coverage is also posted to the station’s YouTube channel, the “ability to be aware of what is happening in our towns” is available to almost everyone, he said.

Clarke also looked forward to developing “more home-grown programs,” that is, ones produced by residents of the towns, a desire echoed by Larry Erickson, the station’s Program Manager.

“Channels 14 and 15 carry information an informed citizenry needs to have about local government,” Erickson said, “but I have to admit that Channel 13, the general access channel, is where my heart is.”

“I just love the idea of people taking the time, using the energy, showing the commitment, to do a television program not out of the desire for fame or for money but out of the love of the topic or the opportunity to be heard or just the fun of being on television, even if it is ‘just’ local access TV.”

Channel 13 now runs programming seven days a week from around 7 a.m. to 11 p.m., all of intending “to make channel 13 a channel worth watching,” Erickson said. “One with enough good stuff to make people pause in their channel-surfing to check out what’s on.”

Much of that programming now comes from public access stations around the country rather than being produced locally, Erickson said, but he added that “we are now running locally-produced shows focused on painting, on political commentary, on on-the-street interviews, on wrestling, on equestrian events; we show local religious services, and more.”

Erickson said his big hope for the Open House is to encourage more residents of Carver, Plympton, and Halifax to do locally-produced shows.

“We’ll provide the equipment, the space, the training, and any assistance you need,” he said.

“You provide the enthusiasm.”

Erickson noted that Ron Clarke called local access media “the last true bastion of free speech” and that “Area 58 is dedicated to maintaining that tradition.”

“Absolutely true,” Erickson said. “And the only thing better than free speech is more free speech.”

“Free speech and an informed public,” Erickson said. “What a wonderful marriage. And it’s organizations like Area 58 Community Access Media that perform the ceremony.”

Veterans were honored in Halifax Friday morning with a brief but solemn ceremony outside the Halifax Town Hall on Route 106, and the Third Annual Veterans Breakfast held earlier in the week,  showing the town’s gratitude for service to country.

Selectmen Troy Garron and Kim Roy took part in the parade behind the Halifax Police Dept. Color Guard, Boy Scouts and Fire Department.  The procession took them across the way to the monument dedicated to Halifax’s fallen at the intersection of Plymouth St. and South St. where a wreath was laid in their honor.  From there, the procession went back at where a wreath was also placed on the large rock on the Halifax Town Green, a gift of the Halifax Grange #253 in 1949, engraved with “Honoring Those Who Served.”

David Walsh, Commander of the Halifax VFW Post 6258, praised veterans and their service to their country.

Halifax veterans were also treated to the Third Annual Veterans Day Breakfast at the historic Pope’s Tavern on Monday morning, November 7, put on by the Halifax Council on Aging.  COA Director Barbara Brenton was pleased with the turnout.  “The dining room was full.  We served about 22 breakfasts.”

In addition to the good meal and good company, Greg Brasso, host of the WATD radio station’s “Veterans’ Voice” Thursday night program, spoke for almost an hour, answering questions from the veterans there, giving them ways to navigate through the process of applying for and receiving state and federal benefits, programs, and services for which they might be eligible.

Brenton is looking forward to next year, when the senior center might have additional capacity to serve even more!

Tracy F. Seelye

Express Staff

Voters in Halifax and Plympton showed their support for a change, joining the rest of the country in voicing their displeasure at the status quo. Halifax brought 78.6% of its electorate to the polls, and Plympton saw  83.9% of its voters cast their ballots.

A victorious Donald J. Trump addressed his supporters and the country about 3 a.m. on Wednesday, pledging his presidency would work to unify a deeply divided country.  Following a night that surprised and shocked political pundits left and right, Trump was gracious in his remarks and praised Secretary Clinton for her “courageous and hard fought campaign” and her years of public service to the country.

“We owe her a major debt of gratitude for her service to our country,” Trump said.  “Now is the time for America to bind the wounds of division  – we have to get together … It is time for us to come together as one united people.”

“I pledge to every citizen of our land that I will be president for all Americans,” Trump said, reaching out to those who opposed him in an effort to “work together and unify our great country.”

Clinton had called Trump to concede and “congratulated us   it’s about us” on the win.   She had earlier sent her supporters home as several states were still too close to call, only to see them quickly shift toward Trump.

Clinton gave her concession speech to the country Wednesday morning, and also spoke to the need for unity in the wake of the election.

“I hope that he will be a successful president for all Americans,” she told supporters and staff.  “This is painful and it will be for a long time … but our campaign was never about one person or even one election.  It was about the country we love.”

State Representative Geoffrey Diehl, (R-Whitman), state co-chairman for the Trump campaign had predicted the win Tuesday afternoon, insisting that polls favoring a Clinton win were in error.

“I’m extremely pleased with the election of Donald Trump,” he said.  “Being the first Massachusetts elected official to endorse him, I recognized that he will take on the establishment in D.C. to make government work for us, not against us.”

Diehl, who ran unopposed, will return to his seat in the 6th Congressional District and pledged, “I will continue to work to make a positive difference for our families each and every day.”

Representative Tomas J. Calter III, D-Kingston, was returned to his seat in the state legislature, as voters in Plympton and Halifax re-elected him to the 12th Plymouth District with 3238 to challenger Peter Boncek’s 1921, giving him a 602 vote majority in those two towns.  Calter also represents Kingston, and a precinct in Duxbury.

Plympton and Halifax also followed the trends throughout the Commonwealth in the four questions on the ballot:

Question 1, asking for an additional license for a slots parlor, was turned down by both towns.  Question 2, the hotly contested Charter Schools question was resoundingly defeated, despite the heavy advertising on both sides.  Question 3, which asked that farm animals be treated humanely, was overwhelmingly supported, and Question 4, asking if marijuana use should be allowed for those over the age of 21, passed.

Halifax voters said “No” to Question 5, specific to Halifax, asking voters to exempt Halifax from Proposition 2 ½ restrictions for the future bond issue to renovate the Council on Aging Center at Pope’s Tavern.

Town Clerks throughout the area are seeing a large turnout of early and absentee ballots for the upcoming presidential election Tuesday, Nov. 8.

Halifax Town Clerk Barbara Gaynor said has just over 5% of her town’s registered voters have come in for early voting and absentee ballot requests.  “I see that the elderly are finding it easier – they don’t have to wait in long lines.”  In the first two days, Monday and Tuesday, Halifax has had 145 people in for early voting and 140 absentee ballot requests, for a total of 285.  “The first day we saw 75 early voters in eight hours.  That’s about 10 voters per hour. “

Plympton’s Town Clerk Tara Shaw said that in the first two days 86 early voters cast their ballots, and 60 absentee ballots were mailed.  “I was hoping this would be a success because of all the hard work we have all put into it for the past couple of weeks,” she said.  With the 146 ballots between early and absentee, morer than 2% of the registered voters have already cast their ballots.

Gaynor said she is glad she is working in a smaller town, “Some larger towns have seen a huge increase in early voting.”  “We have our closed facebook page and communicate with one another,” she said.   

Whitman’s early voting total in the first two days was almost 600, more than the entire voting total for the primary election in September which was only 347, according to Whitman’s Town Clerk Dawn Varley.

Early voting will continue through Friday, Nov. 4, throughout the Commonwealth.

In Halifax, it will be available during normal business hours for the Town Clerk at the Town Clerk’s office: Monday through Thursday, 8 a.m. to 4 p.m. and on Friday, Nov. 4, from 8 a.m. to 12 noon.  In Plympton, it will be Monday, Oct. 31, from 9 a.m. to 2 p.m. and 6 p.m. to 8 p.m., and Tuesday through Thursday, Nov. 1 to Nov. 3, from 9 a.m. to 2 p.m.

Also, registered voters have the option to request an early voting ballot through the mail.  Simply fill out an application and mail it to Town Clerk, Town of Plympton, 5 Palmer Rd., Plympton, MA 02367.  In Halifax, mail your early voting  ballot request to Town Clerk’s Office, 499 Plymouth St., Halifax, MA 02338.

You can find the application on the Secretary of the Commonwealth’s website: http://www.sec.state.ma.us/ele or call the Town Clerk’s office – 781-293-7970 for Halifax or 781-585-3220 for Plympton.

Please note, however, once a voter has cast an early voting ballot, the voter may no longer vote at the polls on Election Day.

Secretary of State William F. Galvin says,, “For the first time in Massachusetts, the first choice all voters will make is which day to vote.

“Early voting will make the most fundamental right of our citizens more convenient than ever to exercise.

“We encourage all of our citizens to exercise that right and take advantage of the opportunity to vote on their schedules.”

The Town of Halifax Zoning Board of Appeals members and Jennifer R. Harmon, also known as Jennifer R. Choate, have been named in a lawsuit brought by neighbor Scott M. Clawson citing improper notification regarding special permit changes and increases, at the dog breeding kennel operated by Harmon, Tarawood Kennels, 7 Plymouth St., Halifax.

ZBA members Robert Gaynor, Kozhaya Nessralla, Peter Parcellin, Robert Durgin, and Gerald Joy were named in the suit, not personally, but as members of the Board of Appeals. Also named is Jennifer R. Harmon, who is also known as Jennifer Choate, Tarawood Kennel owner.

According to Clawson’s suit, on the many occasions since mid-2010 up to this year, the ZBA did not notify parties in interest about hearings that were scheduled to change or substantially modify the terms of the kennel license and neighbors were denied their chance to appeal or to be heard on the permit renewal. 

The first license application approved by the ZBA on or about July 20, 2010, was for a special permit for a kennel for the breeding or boarding of dogs at 7 Plymouth St., Halifax with conditions, according to the filing.  The special permit was granted to allow “a kennel for the breeding or boarding of dogs.”  The permit cited nine conditions in addition to all the rules and regulations and codes of the Town of Halifax.  These conditions included no boarding of outside animals.  The dogs must all be licensed to Jennifer R. Harmon. No breeding of outside animals allowed on the premises.  The special permit is not transferrable.  Puppies not sold within six months must be removed from the property.  Only two (2) litters allowed per year per breed. Only 15 adult dogs on the property.  Applicant must provide and maintain soundproofing, and dogs must stay within the property line.  The applicant must license all adult dogs.

The special permit in 2010 was granted based on the presentation and plans presented at the hearing.  Any changes from what was presented and approved must be brought back before the Zoning Board of Appeals.

The special permit also required that once the decision has been without appeal for 20 days, it be recorded with the Plymouth County Registry of Deeds, or with the Assistant Registrar of the Land Court for Plymouth County, and a certified copy indicating such registry recording has been done be filed with the board.

Feb. 15, 2012, Harmon (Choate) met with the Zoning Board of Appeals at Harmon’s request to revisit conditions, asking that the number of dogs be increased to 23 adult dogs and the number of litters allowed be increased to three per year per breed, in addition to the original conditions set forth  in 2010.  That permit will not take effect until it is registered with the Plymouth County Registry of  Deeds and a  receipt for that filing is at the Registry is filed with the Zoning Board of Appeals.

In April, 2013, Harmon (Choate) was back before the ZBA requesting that her special permit be amended to allow up to a maximum of 50 dogs, and 26 litters of puppies, 20 litters for the German Shepherds and six litters for the Pomeranian breed.  This amendment was granted May 1, 2013.

In May 2014, the permit was amended to allow a maximum of 26 litters of puppies among three breeds: German shepherd, Pomeranian, and Jack Russell terrier, keeping to a maximum of 50 adult dogs on the premises.

In the 2015 permit renewal application, the total number of adult dogs was still 50, and litters of puppies still at 26, although now spread between only two breeds, German shepherd and the Pomeranian.

In short, in five years, the number of dogs allowed at Harmon’s (Choate’s) Tarawood kennel has grown from 15 adult dogs and two litters of puppies per year to 50 adult dogs and 26 litters of puppies.   In September of this year, there was before the ZBA a revision which would allow 100 adult dogs and unlimited litters of puppies.  That application has since been withdrawn, it was announced at last week’s Halifax Board of Selectmen’s meeting.

Clawson alleges in his filing that concerned parties were not notified by the Zoning Board of Appeals or by Tarawood Kennels about the special permit applications or their modifications allowing as many as 50 adult dogs and 26 litters of puppies. 

Clawson contends that the ZBA granted Harmon’s special permits and revisions without notice to parties-in-interest and seeks to have the special permit annulled and if not annulled, to ask the court to order further relief deemed just and proper.

Clawson has been before selectmen and the ZBA on many occasions with concerns of dogs barking at all hours of the day and night, seeking relief from the noise.  Selectman Kim Roy has investigated the charges on behalf of the board and found noise to be substantial.

At the Sept. 27 selectmen’s hearing, Choate was ordered to reduce the number of dogs in her kennel to 25 in order to help keep the noise to a minimum.  Roy also found that soundproofing which has been one of the conditions of her permit since the first permit given in 2010 has not been done. 

Clawson, who was a member of the audience Sept. 27, appeared dissatisfied at the ruling, saying that he (and others in the area) have been waiting for something to be done for years and expected something more substantial to solve the problem.   

Tuesday night’s meeting of the Halifax Board of Selectmen went to the dogs once again, even though chief dog bark investigator Kim Roy was at a conflicting event.

Town Administrator Charlie Seelig told the board that he had received another barking dog complaint from a neighbor of Tarawood Kennel on Plymouth Street.  Selectmen chairman Troy Garron said the statute is clear and they would have to investigate and would have Kim Roy put on her investigative hat once again to check into the complaint.

Seelig also told the board that he had received notice that a lawsuit is pending: Scott Clawson v Town of Halifax and Jennifer Choate, owner of Tarawood Kennel.  Details of the filing were not available at press time, but should be innext week’s Express edition.

Continuing in the doghouse, selectmen held a hearing for a dog attack on another dog.  The attacking dog’s owners, Lisa and Chris Watson, and Halifax Animal Control Officer Noreen Callahan were present.  The injured dog was being walked past the Watsons’ Summit Street home while leashed and the Watson’s dog, outside in its own yard with its owners, ran through the electric “invisible” fence because the battery had evidently failed.  The Watsons were able to get their dog back under control.  The injured dog was bleeding from a wound on its tongue; it had evidently bitten its own tongue, according to ACO Callahan.  No other injuries were evident on either dog.

This is the first incident with this dog, Chris Watson told selectmen.

ACO Callahan told the board that her concern was making sure that the 65 pound dog was kept under control at all times when outside so that a situation such as this could not happen again.  The Watsons assured the board that they would see to it.  Selectmen Chairman Troy Garron told the owners that the board would send them an official letter putting them on notice that the Town of Halifax does have a leash law and enforces it.

“Another failure is a concern,” ACO Callahan said.  She also noted that she quarantined both dogs as a precaution, even though all shots were up to date.

Resignations

From COA

Seelig told the board he had received two resignations: Sharon Hartz and Joy Marble, chairman and vice-chairman of the Council on Aging.  Garron instructed the secretary to the board, Pam McSherry, to send a letter from the Board of Selectmen thanking them for their service to the town.

Seelig also noted he had received a talent bank form from Corrie Merritt which he will pass along to the appropriate parties.

Daniel Borsari came before selectmen to be sworn in as an Associate Member of the Zoning Board of Appeals.  Borsari told the board that he now has the time to invest in the position and is looking forward to it.  Borsari said he holds a real estate license.  Garron joked that Borsari is a detail–oriented guy and has probably read the bylaws from cover to cover already.  Borsari nodded and affirmed that he had.

New Town Hall

fragrance policy

Seelig told the board that he is ready to implement the new “Fragrance Policy” for the Town Hall, asking those coming into the Town Hall to refrain from wearing strong fragrances as some people working there are sensitive to them.   

Seelig assured the board that there would be no “fragrance police;” it is a voluntary program and those working in Town Hall would like to make the public aware.

In other business, selectmen

• approved 16 additional recycling abatements, although Selectman Thomas Milias told the board that he would like a little more information about these private haulers and to be sure that they are doing what is required.  Susan Johnson, Recycling Coordinator, is looking to get stronger regulations for private haulers to be sure they are doing what they should by way of recycling.

• signed an addendum for Howland Disposal Service which would see a 1 1/2% increase.  Millias told the board he understood that there should be a net decrease in the total.  Seelig told him that while there was probably a decrease in tipping fees, there was likely an increase in other areas such as labor.

• noted that the Fire Department has opened an EZPass account which would be useful in cases where FD personnel were attending seminars outside of Boston.  Seelig told the board that there is no charge for the transponders and that the Town of Halifax should have transponders for several of the town’s vehicles that would go into one account for the Town.

• noted that the next meetings of the Board of Selectmen will be Oct. 25 and Nov. 1.

• adjourned at 8:10 p.m.