Halifax has lost a $61,608 Green Communities grant due to its non-compliance with the MBTA Communities Act, marking the first confirmed financial penalty the town faced for refusing to adopt required multifamily zoning, after redirecting a prior Silver Lake Regionalization Study grant to Kingston.
The Department of Energy Resources notified Interim Town Administrator Robert Fennessy that while Halifax was selected to receive the grant for energy efficiency projects in municipal and school buildings, the funds cannot be awarded due to the town’s non-compliant status under Massachusetts General Law Chapter 40A, Section 3A.
“Awards under this program are contingent upon a municipality being able to certify that it will comply with all applicable laws,” the department wrote in a letter to Fennessy. “To be eligible to receive awards under the Green Communities Competitive Grant Program, the town would need to remediate this noncompliance.”
The grant rejection comes as the state intensifies enforcement of the MBTA Communities Act. The Executive Office of Housing and Livable Communities sent Halifax a formal non-compliance letter stating the town failed to submit a district compliance application by the July 14 deadline.
“Halifax remains non-compliant with Section 3A,” wrote Secretary Edward Augustus Jr. in the letter, which was copied to the town’s state legislative delegation. “As the Supreme Judicial Court held in Attorney General v. Town of Milton, compliance with the law is mandatory and enforceable by the Attorney General.”
Board of Selectmen Chair Jonathan Selig acknowledged the financial consequences were expected but said the town remains committed to its position.
“The town spoke. The Board of Selectmen is clear. We got the message loud and clear,” Selig said, referring to strong community opposition expressed at previous meetings. “We did warn the community that this is a distinct reality. It wasn’t a scare tactic. We just wanted to give those folks some foresight as to what was coming.”
Selectman Thomas Pratt called the grant loss “a formality” and said it came as “no surprise.”
“We kind of knew that’s where we were. We had some choices to make to get an interim compliance and we declined to do so,” Pratt said.
The town continues pursuing legal challenges to the MBTA Communities Act. Fennessy testified before the state legislature in July supporting three bills authored by Representative Ken Sweezey that would modify or repeal the act, though the bills have not advanced from committee.
Fennessy warned that more grant rejections may follow, noting that many applications now include compliance check boxes at the top.
“Unfortunately they know our status right now,” Selig said about the state’s awareness of Halifax’s position.
The MBTA Communities Act requires certain municipalities to create zoning districts allowing multifamily housing as-of-right. Halifax was required to zone for at least 1,750 new housing units but has refused to comply, joining a small number of communities statewide in active resistance to the law.
In other business, the board approved an Eagle Scout project by Paul Beauchesne to refurbish dugouts at the town’s minor baseball fields. The project will include cleaning, repairing, and painting the concrete dugouts, which Selig described as “lovingly referred to as the prison dugouts.”
“Those dugouts are really, really snug and really, really needing some TLC,” Selig said. The $500 project is expected to take about a week to complete.
The board also received an update on a veterans memorial honoring Josh Curtis, a Halifax resident who died in 2025. Veterans of Foreign Wars representative David Walsh said the polished granite bench is expected to arrive by late August or early September, with dedication planned for Veterans Day at 11 a.m.
“On the back it will say Joshua Aaron Curtis. Straight across. 1986 to 2025. Hero in combat. Hero in life,” Walsh said.
The board delayed action on a three-year asphalt rubber surface treatment contract with All States Construction after resident Frank Johnston questioned the lack of a not-to-exceed value in the agreement. The contract establishes unit prices for road work but does not cap total spending.
“I’ve never signed an open contract with no dollar value attached,” Johnston said. “It’s called a not-to-exceed and NTE attached to that contract.”
Board members agreed to table the matter until Highway Superintendent Steve Hayward can provide clarification at the next meeting.
The town received positive financial news with $555,544 in Chapter 90 highway funds from the state, including a supplemental allocation. Halifax also received the first payment of $93,655 from a PFAS lawsuit settlement with 3M, with additional payments expected over several years.
Fennessy said the PFAS settlement money, which could total around $400,000 for Halifax, will likely support ongoing landfill monitoring and maintenance costs.
The board approved library staffing arrangements for when Director Dylan Benoit takes paternity leave in late September. Maria Bumpus will serve as acting director at her previous interim rate, while Jean Gallant will provide substitute coverage at $18.88 per hour.
Halifax continues operating with an Interim Town Administrator while conducting a search for a permanent Town Administrator. Fennessy, who completed his first month in the role, praised the town staff and said he is “very excited to work here with these people.”