A public hearing was held during the Aug. 13 Halifax Board of Selectmen’s meeting to determine whether a dog is a nuisance or dangerous dog. The hearing stemmed from a complaint regarding a dog owned by Tabor McSherry.
Halifax’s Animal Control Officer (ACO) testified first. He said that the victim, Robert Wheeler, had a dog run up to him and his dog in his backyard. The offending dog started a fight with the victim’s dog. The dog was taken for a 10-day quarantine.
The ACO said, “from there, I figured the situation was solved and hopefully this wouldn’t happen again. Five days later, on June 24… I got another call… as I was pulling up to the scene I saw two officers… speaking with a female who was the dog walker of Tabor’s dog… I went over to talk to the victim, Mr. Wheeler… I then went and talked to the dog walker.” He continued, “I talked with Tabor on the phone once again and tried to explain to him how two bites in less than a week is a very bad situation to be in.”
The dog reportedly got loose when one of the prongs on it’s collar broke off allowing the dog to get free. The dog was described as a tan and white mixed hound approximately 50-60 lbs. He is also described as being “fairly muscular” and “lean.” Selectmen Chair John Bruno asked the ACO what his impression of the dog was upon handling him. “I could tell that he was dog aggressive… was looking to initiate the fight with the dog… but when I had custody of him he didn’t seem aggressive to me at all, seemed very good on the leash with me… overall was very good with people; didn’t seem aggressive to any of the officers on scene.”
Wheeler described the incidents as a “horrific attack” and said that the dog tried to rip his dog’s face off. He further stated that he no longer likes any dogs and is very fearful of them now. He said that the nurse at the Minute Clinic he went to told him he should go to the hospital due to injuries sustained to his arm.
Wheeler called the dog “vicious” and said it came directly into his living room. Selectman Jonathan Selig asked if he felt the injuries he sustained were from breaking up the fight between the dogs or the dog attacking him primarily. He said, “Either way, I still got bit.” He went on to say that he now stands in his doorway daily worrying if the dog is coming.
Town Counsel showed Wheeler a picture and asked him if it was an accurate photograph of what his arm looked like following the attack. He confirmed that it was.
McSherry, who has had the dog since February, testified next. “On the day of the first incident the dog was with the dog walker and had brought the dog into the backyard – it is a fenced-in back yard… she forgot to latch the gate which is how the dog initially escaped… so my dog went straight down the street and attacked his dog from what I heard. I wasn’t informed about the incident until about 8 o’clock that night,” McSherry said. He explained that on the day of the second incident, he picked up the prong collar from the Police Station. He also stated that he had hired a new dog walker. “Unbeknownst to me… that collar was broken so as soon as he went out the door that collar came right off of him and he took off down the street and attacked that same dog again,” McSherry said. Asked what type of dog he is, McSherry said he was a rescue but he believed he is a pointer. Bruno asked if he was licensed and was told he was not.
Bruno also asked McSherry if he has taken any steps to stop this type of event from happening again. McSherry responded that they have a new protocol now including wearing a harness and using a double-ended leash that latches to both the collar and harness. Selig asked if there were any other incidents regarding the dog and he said that an unleashed dog ran up to his dog and bit him in the face. He cited that since then, the dog has been apprehensive toward other dogs. Town Counsel confirmed that the only people who walk the dogs are McSherry and the new dog walker. Town Counsel also confirmed that the dog is typically friendly toward people, including children.
The current dog walker who was involved with the second incident also testified. She said that the dog was very comfortable with her despite it only being the second time she had met the dog. She said that the collar broke allowing the dog to get free and take off and eventually into Wheeler’s open door. She said that in addition to the double-end leash, she also keeps a leash wrapped around her waist. They asked her about her certifications and were told that she is a dog trainer. Selig said, “do you consider this dog to be reactive to all dogs?” She called him “more dog selective” meaning the dog can get along with some dogs but not others. She was asked in her opinion if the dog posed a risk and confirmed that she didn’t believe it did. Selig also asked her if she was bitten when separating the two dogs and she confirmed that she was.
The Animal Inspector, Brian Kling, spoke next explaining that he is the one who manages the quarantine which he said is strictly to vet for rabies. He said that the animal shelter, where the dog was staying, is akin to a prison for humans and noted that some dogs react poorly to being housed there. He said that it can cause them to be aggressive upon release, but he said he didn’t experience that.
The responding officer to the first incident also testified. He shared photographs he took when responding to the incident. He also shared that Wheeler was in fact bleeding.
Bruno explained they have three options. One, decide that the complaints should be dismissed. The other two options were to determine whether the dog was a nuisance dog or a dangerous dog. According to Bruno, nuisance refers to “activity which arises from unreasonable, unwarranted, or unlawful use by a person injuring the right of another and producing material annoyance, inconvenience, and discomfort.” Town Counsel said that deeming a dog a “nuisance” allows the Board to make a number of determinations regarding actions that must be taken. Deeming a dog a dangerous dog, on the other hand, limits which actions can be taken with the most extreme being that it is put down. Demanding that the dog be kept confined to a structure also falls under the dangerous category. “Nuisance you have a wide range of discretion,” Town Counsel explained.
Town Counsel said that the court would ask that the Selectmen “apply common sense.” Bruno said that his definition of a dangerous dog would be one that can’t live in society without extreme measures taken, up to and including euthanasia. Bruno said, “I think that this particular dog sounds to me that it needs some additional socialization and training.” He further said that he would like to declare the dog a nuisance dog with certain conditions that go along with that, most of which he said are already in place since the incident. Selig agreed with Bruno’s assessment. Selectman Thomas Pratt, however said that he believed the dog should be treated as a dangerous dog due to the two incidents happening in quick succession.
Bruno made a motion that they declare the dog a nuisance dog. Selig seconded it. Bruno and Selig voted in favor of the motion while Pratt voted against it. Majority won and the dog was declared a nuisance.
The ACO said that regarding conditions, he would recommend the double leashing and possibly the waist leash as well. He also said that a muzzle may want to be considered. “I think confining this dog to the property is a little extreme, especially for the type of breed that this is… it needs to be walked… get that exercise,” he said. He also recommended dog-on-dog training to remedy aggression toward some dogs. Kling also spoke again saying he recommended a minimum of a 6 ft. fence in the yard as well as having a backup dog walker that knows the requirements and how to handle the dog.
Bruno said, as part of the order, he would like a written plan for additional training for the dog. He also advocated for the triple leashing as well as a muzzle for a determined amount of time. Selig said his three things were the triple restraint, the 6 ft. fence, and a plan for a trained professional backup dog walker. He said he didn’t see a reason for a muzzle. Kling said, “muzzling the dog while the dog is out in public is a good short-term answer.”
The Selectmen voted to declare the dog a nuisance dog who has to be triple-restrained when off the property, including a muzzle. Secondly, the yard must be enclosed entirely by a secure 6-ft. fence, at a minimum. Thirdly, a written training plan must be submitted by the Selectmen’s next meeting. The dog must also be licensed in the town.

The Halifax Conservation Commission met on Tuesday, August 13. Chair Alan Dias was joined by Co-chair Kathy Evans and member Edward Lane.
A public hearing was held for a stormwater management permit at 265 Monponsett St. The request was filed in May by JDE Civil Inc. on behalf of the applicant Thorndike Development. Thorndike Development plans to build a 3-story, 30-unit 55+ senior housing facility. The building is set to be built beside the new senior center which will be gifted to the town by Thorndike. New pickleball courts, a pool, a pool house, and associated parking garages are also included.
President and principal engineer at JDE Civil, Gregory Driscoll, gave a presentation on their plans. He said that all other necessary boards and commissions had reviewed the plans and provided comment. Pat Brennan of PGB Engineering said he reviewed the plan for both the Conservation Commission for the stormwater management and the Planning Board for the site plan review. He said that all his original comments have since been addressed by JDE Civil.
Several members of the public were concerned with the project resulting in flooding for them after efforts were already taken on their behalf to remediate existing flooding. An abutter asked if she could expect flooding after installing her own French drain and was ensured there wouldn’t be any.
Joseph Tonello, who owns 284 Monponsett St. (Shelby Plaza), asked how many bedrooms there would be in the planned building. He explained that the amount of water going into the building and subsequently returned to the draining ditches was determined not by bathrooms but bedrooms. He was told there would be 24 one-bedroom units with the rest being two bedroom.
Patricia Sullivan said that Halifax Meadows did a big water diversion project a few years ago. As a resident there she was looking for assurance that this project wouldn’t cause a problem to resurface. Driscoll said that no problems should reoccur and added that the plans were in accordance with DEP regulations and the Water Protection Act. Still another resident asked if the new project would be raising elevations. Driscoll said, “we are raising some portions of the site.”
Dias asked for an explanation of some of the basics of stormwater for the sake of the public. Driscoll explained, “a detention basin would be a basin that just holds the water; it doesn’t allow any water to recharge into the ground… an infiltration basin… is designed for water to infiltrate to the bottom and recharge the groundwater table.” Brennan added, “the main thing is that you cannot increase post development runoff off site; the other thing is that you are supposed to kind of mirror what happens today with what goes into the ground now – you basically have to put the same amount back into the ground in post development… obviously when you pave a site you’re blocking it from going into the ground so you have to put these artificial… either they’re open air basins or sub surface infiltration basins. That’s the mechanism to get that water back into the ground.”
Dias told Driscoll that he didn’t feel that the plan was complete enough to close the hearing. “In my conversations with the Health Department, there were still some issues to be resolved,” Dias said. He suggested that they continue the hearing. Following Dias saying he believed the Conservation Commission was the final town board to give approval, Amy L. Troup spoke saying that the Planning Board had not yet approved the site plan. The Conservation Commission voted to continue the hearing to August 27.
They also held a hearing for a stormwater management permit for the proposed project at 266 Monponsett St., across the street from the previous one discussed. Brennan spoke saying that while the previous project retained approximately 75,000 cubic ft. this project is retaining around 8,000 cubic ft. Dias confirmed that the Fire Chief asked for specific changes that were included in the plan.
Tonello asked what the elevations are “today” on the property “before you start filling stuff.” He was told 73 ft. “My system though is 5 ft. above the parking lot; I just had it replaced and there is no way there’s only 3 ft. from the top of my system to the existing property there right now,” Tonello said. He continued, “I stand on your property, my septic system is over my head – I’m a lot taller than 3 ft.” He noted that his system cost $180,000. Tonello added, “I’m not here to stop this, I’m here to make sure it doesn’t impact me.” Dias said that sometimes the elevations can be off a foot because the computers don’t “take a shot every 25 ft.” Dias asked Brennan if he was comfortable with the plan. Brennan said, “all proposed impervious surfaces on site will discharge to those infiltration systems.”
Dias asked Driscoll how they planned to address the number of trucks that it will take to complete the plan. Dias said that he estimated that it would take over 700 trucks to fill the site and another 300 for the development. Dias also said he had spoken to the Police Chief and there were concerns. “We can’t have half a dozen trucks backed up… that’s going to cause a major problem at that intersection,” Dias told Driscoll. He did note that the issue was likely outside the purview of the Conservation Commission.
Brennan said that they had submitted a plan from the traffic engineer that showed solar operated blinking yellow lights at the crosswalk and advanced warning signs saying that there is a crosswalk ahead. “They’ve committed to installing that infrastructure to make that a safer cross there,” Brennan said. The Commission voted to continue the hearing to August 27.
The Commission also interviewed Paul Doucette to fill an opening on the Commission. They voted unanimously to send a letter to the Selectmen informing them of their recommendation to appoint Doucette.