Halifax faces funding losses as MBTA non-compliance status triggers state penalties
Board of Selectmen receives formal notice of violations while grappling with road project delays and community initiatives
HALIFAX - August 12 - The Halifax Board of Selectmen confronts mounting consequences from the town's non-compliance with the MBTA Communities Act, as state agencies begin withholding grant funding and issuing formal violation notices.
During the August 12 meeting, Interim Town Administrator Robert Fennessy read aloud a letter from the Executive Office of Housing and Livable Communities confirming Halifax's non-compliant status with Section 3A of the state law requiring multifamily zoning near transit areas.
"Halifax remains non-compliant with Section 3A," the letter states, emphasizing that "compliance with the law is mandatory and enforceable by the Attorney General."
The immediate financial impact became clear when Fennessy announced the town lost a $61,608 Green Communities Competitive Grant for energy efficiency projects in municipal and school buildings due to the non-compliance status.
"Awards under this program are contingent upon municipality being able to certify that it will comply with all applicable laws," the Department of Energy Resources wrote to the town, denying the previously approved funding.
Board Chair Jonathan Selig acknowledged the consequences while defending the town's position.
"The town spoke. The Board of Selectmen is clear. We got the message loud and clear," Selig said, referencing community opposition to MBTA zoning requirements. "We did warn the community that this is a distinct reality. It wasn't a scare tactic."
The state letter, copied to Senator Michael Brady and Representatives Kathleen LaNatra and Ken Sweezey, sets July 14 as the deadline Halifax missed for submitting a district compliance application. The town previously failed to submit an action plan in 2025 to achieve interim compliance.
Board member Thomas Pratt expressed no surprise at receiving the formal notice, noting the town declined opportunities for interim compliance earlier this year.
Meanwhile, the board postponed approval of a three-year asphalt rubber surface treatment contract with All States Construction after resident Frank Johnston raised concerns about the lack of a not-to-exceed value in the agreement.
The contract, which received only one bid, establishes unit pricing at $6.25 per square yard for rubberized asphalt surface treatment, $1.10 per square yard for crack sealing, and $225 per square yard for leveling work.
"I've never signed an open contract with no dollar value attached," Johnston said during public comment. "Contracts typically have a not-to-exceed number."
Selig defended the arrangement as similar to retaining legal counsel with set rates but no predetermined spending limit, while Johnston argued municipal contracts require spending caps to prevent budget overruns.
The board agreed to table the contract approval until next week's meeting to address the concerns and clarify the arrangement with Highway Superintendent Steve Hayward.
In positive financial news, Fennessy announced Halifax received $555,543 in Chapter 90 highway funds from the state, including a supplemental award of $121,364 beyond the basic apportionment of $434,179.
The town also expects to receive $93,654 as the first installment from a 3M settlement related to PFAS contamination lawsuits, with total payments potentially reaching $400,000 over several years.
"That's only one company and there's multiple companies in this lawsuit," Fennessy explained. "So now that that one's fallen, which was the biggest one, the others hopefully will fall too."
The board approved two community projects during the meeting. Scout Paul Beauchesne received unanimous approval for his Eagle Scout project to refurbish dugouts at the town's minor baseball fields.
"This project specifically means the world to me as I owe so much to my years in youth sports programs in Halifax," Beauchesne told the board. The $500 project includes cleaning, repairing, and painting the concrete dugouts over approximately one week.
Dave Walsh, representing the Veterans of Foreign Wars, provided an update on the memorial bench honoring Josh Curtis, a local veteran who died in 2025. The polished granite bench, measuring four feet long and two feet wide, is expected to arrive by early September with dedication planned for Veterans Day.
"We've ordered the bench," Walsh said. "On the back it will say Joshua Aaron Curtis, 1986 to 2025, Hero in combat, Hero in life."
The Library Board of Trustees received approval for compensation arrangements during Director Dylan Benoit's upcoming three-week paternity leave. Maria Bumpus will serve as Acting Director at her previous interim rate, while Jean Gallant will provide substitute coverage at $18.88 per hour.
Other business included:
• Approval of ambulance abatements totaling $259,256 for June and July 2025
• Authorization of road openings for 664 Monponsett Street and 318 Plymouth Street pending Conservation Commission approval
• Approval of a second amendment to the Thorndike Development Corporation agreement extending the senior center design bid deadline from August 1 to October 1
• Announcement of an open house for new Library Director Dylan Benoit on August 25 from 4 to 5 p.m.
The board plans to meet again Monday, August 18, to address the postponed road contract and other pending business.
Fennessy, completing his first month as interim administrator, praised the town staff and expressed satisfaction with his role while the board continues searching for a permanent replacement.