Halifax Dog Declared Nuisance After Two Attacks

Board Imposes Strict Conditions on Owner Following June Incidents

HALIFAX, MA - August 13 - The Board of Selectmen declared a dog owned by Tabor McSherry a nuisance following two attacks on another dog in June, imposing strict conditions on the owner during a public hearing Tuesday night.

The incidents occurred on June 19 and 24 when McSherry's dog escaped and attacked a German Shepherd owned by Robert Wheeler at 32 12th Ave.

Wheeler presented photos showing injuries to his arm from trying to separate the dogs. "That was a horrific incident. It was scary for me the way that animal came down and attacked me and my dog," Wheeler told the board. "It almost ripped my dog's face and ear right off of me."

Animal Control Officer Jacob Gannon recommended training for the dog, particularly focused on dog-on-dog aggression. "It definitely has some aggression towards other dogs, and it could use some corrective behavior to remedy that," Gannon said.

The board voted 2-1 to declare the dog a nuisance rather than dangerous, imposing several conditions on McSherry. These include using triple restraints when the dog is off the property, muzzling the dog for at least six months when in public, and submitting a written plan for additional training by Aug. 27.

"I think this particular dog, it sounds to me as if it needs some additional socialization or training, and Mr. McSherry's only had it for six months," said board chair John Bruno. "I do think that it would fall into the category of nuisance, certainly with the bite and with the two times it's gone back to fight with this one particular dog."

McSherry must also ensure the dog is properly licensed, which he admitted had not yet been done.

Althea Chassie, the dog's walker who was present during the second incident, described new safety measures being implemented. "We use a double-ended leash. We connect to the harness as well as the prong collar," Chassie explained. "I actually took it a step further, and I have a waist leash that clips to me, so I clip that to the dog as well."

The board will review the muzzling requirement in six months. They also requested McSherry provide a written plan detailing the additional training and how backup dog walkers will be handled.

Wheeler expressed ongoing concerns about his safety and that of his dog. "I shouldn't have to live in fear. I have a right to have my home and live here," he said.

The board assured Wheeler they were trying to balance the interests of all parties involved while ensuring public safety. "We're going to try and make it happen that way so that everybody's safe. That's our goal," Bruno told Wheeler.

The Halifax Board of Selectmen also approved a fee increase for the town's trash and recycling program during their meeting on Aug. 13. The annual fee for curbside trash and recycling collection will rise from $400 to $440 for the upcoming fiscal year.

Town Administrator Cody Haddad explained the need for the increase: "As part of our trash contract, the costs do go up for fiscal 25. There is an increase in the cost of collection for trash, which is through all state waste. There's also an increase in the tonnage."

Residents will be notified of the change in their September bills, which will remain at $200. The March bill will reflect the increase, rising to $240. The town plans to give residents ample notice if they wish to opt out of the program before the price hike takes effect.

Chair Bruno emphasized that the town is not profiting from the increase: "We're trying to provide a cost-effective service to the town. Obviously, we want to keep it as low of a fee as possible. We want to offer as best as we can to the community. But face it, the cost of everything is going up every year."

The recycling sticker fee will remain unchanged at $75. However, the mobile home park recycling fee will increase from $75 to $100 per residence.

In other business, town officials are planning a special town meeting, likely in the second week of December, to vote on zoning changes related to MBTA Communities requirements. The town is working with the Old Colony Planning Council to educate residents on the proposed changes.

Haddad reported that the town has applied for a grant under the local assistance technical assistance program through Mass Housing Partnership. If awarded, the grant will allow Old Colony Planning Council to provide technical assistance and help with the public awareness process.

"It's great we've been able to develop this bylaw, but we want to make sure that residents understand it, understand implications of it, so when we get to town meeting, people are educated and understand," Haddad said.

The Zoning Bylaw Review Committee is set to meet next week to review final recommendations. The Planning Board will then need time to review the proposed changes and hold a public hearing.

Bruno emphasized the importance of public education on the zoning changes: "There's a lot of misconceptions about what this zone, especially the MBTA part of it, about what it requires, what it doesn't require, what we can do, what we can't do, and what our proposal is."

Town officials are considering holding a separate public meeting to review the proposed zoning changes in detail. Haddad suggested, "We could have Attorney Hawks in here and Ed Bailey, who's been instrumental in the process, and run through every change."

The board agreed that a December special town meeting would allow sufficient time for review and public education on the proposed zoning changes.