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.

The FY17 real estate tax rate will not shift between resident and business properties.   

Plympton selectmen heard the recommendation of the Board of Assessors and agreed that to split the tax, asking Plympton’s businesses – all 19 of them – to assume a greater tax burden and the residents to assume a lesser burden, might cause businesses looking to settle in Plympton to look elsewhere.  The tax rate being submitted to the Department of Revenue for certification will be $18.06 per thousand assessed valuation.  This is a 2.21% increase over the FY16 tax rate of  $17.67.

Assistant Assessor Deb Stuart told the board that several towns near Plympton do shift the tax burden to businesses: Hanover and Middleborough have a slight 1.05% business tax assessment to a .9866% residential tax assessment.  Carver has the greatest business to residential shift in the examples chosen – 1.399% business percentage to .9076 residential percentage of the tax burden.

Commonwealth law allows communities to shift up to 1.5% to businesses giving relief to residential tax rate.

The estimated tax levy for FY17 is $8,644,994 from a value of $478,704,690.  Divide the levy by the assessed value then multiply by 1000 to compute the tax rate.

Stuart told selectmen that the projected average single family home to have an assessed value for 2017 is $341,200.  This is a 2.2% increase over FY2016.

The projected average tax bill for the average single family home for FY 2017 is $6,613, an increase of 3.95% over FY2016.  This compares to the 7.25% increase in the FY2016 average tax bill over FY2015.  The CPA tax of 1.5% increases the projected total average tax bill to $64.

Carver Urban Renewal Development

Selectman Christine Joy reported to the board that she had attended the Carver Urban Renewal Development Committee meeting last week where access to the proposed project at the Carver/Plympton town line was among the topics discussed.

Alternative 5 was introduced, which would close Montello Street to through traffic by way of a gate which could be opened in case of emergency.  The plan shows a modified turn from Montello onto Park Avenue in Carver .

“What was an interesting takeaway was that they were discussing acquisition of Melville property and the Cool property is going to be the primary entrance to the park.  I thought that was interesting that they hadn’t acquired that property yet,” Joy told the board.

The developer was in discussion with the property owners and felt confident that they would be able to come to some type of agreement to acquire the properties.

They are also very cognizant of the neighbors with the orientation of the properties in the park to reduce the impact  to the neighbors, with lights and noise, and to face the loading docks toward Route 44.

They spoke about the different designs and Alternative 5 was favored.  The feeling was that there would be too tight a left-hand turn off Montello which would prohibit truck traffic.  They were going to look at an alternative to accommodate a truck which went down Montello St. in error so they could turn around.  The developer mentioned the possibility of closing Montello St. to through traffic.  The neighbors were very happy. The closure would be within Carver but would require Plympton to agree.