Search Results for: sand wars

Morse Brothers, Inc. and the town of Halifax will meet once again in the courtroom to settle their grievances.
Morse Brothers, Inc. and the town of Halifax have an increasingly complex history that goes back decades and is most recently highlighted by a public earth removal hearing and now a lawsuit against the town brought forth by the cranberry growers. The issues at play are myriad and echo an overall conflict that is playing out throughout Southeastern Massachusetts. On one side are the cranberry growers, particularly the small farms, that are claiming to attempt to maintain what is seen by some as a dying industry. There are residents concerned with how those farms’ practices affect their access to things like clean water and safe roadways. Still another side are the environmental groups that claim that the sand and gravel mining being done by the farmers is unnecessary and dangerous to the environment.
Back in November, the Halifax Board of Selectmen issued an earth removal permit to Morse Brothers following the public hearing. The current permit is to remove 20,000 yards of earth from a hill and does not include excavation below grade or into the water table. After hearing residents’ concerns, the Selectmen imposed a number of restrictions on the permit including limiting truck traffic to a maximum of 25 trucks per day as well as imposing strict limitations on hours of operation. There are additional restrictions regarding truck coverings. Morse Brothers states in their suit that the restrictions on Morse Brothers, their trucks, and their drivers go above and beyond what is prohibited by law on public roadways.
In the suit, Morse Brothers allege that for decades they engaged in “routine farm maintenance” including the removal of sand, without it being suggested that their activities were subject to the earth removal bylaw or could potentially be prohibited by the town. Morse Brothers allege that the Board of Selectmen’s insistence that they apply for earth removal permits was a direct result of complaints from a small number of residents concerned with truck traffic and damage to roadways.
In October of 2023, Morse Brothers requested exemption from the permit requirements of the town’s earth removal bylaw but were not granted it. Morse Brothers has cited concerns that the application of the bylaw to their ongoing cranberry bog maintenance has “unreasonably infringed on protections of land uses for the primary purpose of agriculture under State law.” They argue that the conditions imposed upon them unreasonably interfere with “activities integral to farming” and will cost their business significantly.
Jeremy Gillespie, who serves on the Zoning Bylaw Review Committee as well as the Beautification Committee, has been an outspoken opponent of the earth removal. According to Gillespie, the Board of Selectmen don’t have the authority to grant a permit for this particular operation as the hill is in the Aquifer Protection Overlay District which allows for stricter constraints on land uses in order to protect water resources. Halifax is a right-to-farm community which is intended to protect agricultural enterprises from unnecessary interference including from abutters. Gillespie believes that the town issued the permit despite protests from residents because zoning restrictions can’t unreasonably regulate farming. “It can reasonably regulate farming,” Gillespie said with emphasis on the reasonably. He continued, “It’s not unreasonable for us to want to protect our aquifer.”
While Morse Brothers insists that the removal of the earth is necessary from a farming perspective to support their cranberry activities, there are those who believe that these types of projects have a different goal – to turn a profit on mined sand and gravel. A public earth removal hearing was recently held in Kingston for PK Realty Trust where environmental attorney Meg Sheehan spoke out against earth removal. Sheehan, who was not speaking on the Morse Brothers project, but the PK Realty project said, “This project appears to be one more ruse to get the sand and gravel out of there… I have seen 100 of these ruses… enough is enough and we are drawing the line.”
Sheehan urged residents to visit https://www.sandwarssoutheasternma.org/. The cover page of an 84-page report on that website describes it as “An investigation into the money, politics and corruption behind sand mining and its silent environmental crisis in Southeastern Massachusetts.” Of the mining, Gillespie said, “Obviously the state is looking the other way; they need a cheap source of local concrete to build houses, you know?” Gillespie implied that cranberry growers are choosing the highest elevations to place bogs saying that they can make money from the excavated sand while breaking even on the cranberries.
While Gillespie believes that this particular earth removal project by Morse Brothers is likely not being done to turn a profit on mined soil and sand, he does question if past projects by them were. According to Gillespie, they removed a large hill in 2015 that Morse Brothers claimed was shading their bogs. Gillespie insists that the hill was always there and the removed earth was likely sold for profit. Regarding the current project he said, “If you needed the sand, why didn’t you keep some of it? They sold it for profit; they didn’t expand their bogs; they didn’t improve it for production.” He acknowledged that some of the removed earth is likely being used for agricultural purposes like reconstructing bogs to raise them to elevation in order to plant a new variety of vine. Certainly, the application of sand to cranberry bogs is part of a regular farming process. Gillespie questions, however, why the sand needed to do so can’t simply be purchased by either the cranberry grower or the town if it meant protecting the water source. “When they apply for all these grants that they’ve received over the years they always put sand as an expense – a huge one, but from what I’ve seen, it’s free to them… so that’s kind of the town’s argument too, we’re not making it for you not to be able to farm, if you just need sand, just go buy sand, you can always buy sand; nobody is preventing you from buying sand,” Gillespie said.
Gillespie said that there have been no environmental studies on what removal of these uplands is doing to the lakes. “You don’t have lakes without the uplands that surround them… I don’t know that there is much history of people doing this,” he explained. He noted that the sand is always leaving the property rather than being brought to it. “The less sand you have… the less filtered your water is; sand is an excellent water filter,” Gillespie said. Referring back to the reasonable versus unreasonable argument, Gillespie said of the 165,000 cubic yards removed from Halifax’s division II water protection zoning overlay district, “it’s not unreasonable not to want to continue removing sand that filters our water considering all of the problems that we are having right now.” Residents have taken to the Halifax MA Community Facebook page to post pictures of their excessively dirty water filters. Gillespie said that he would like to see the town or Morse Brothers bring in a hydrologist to properly investigate the effects of the earth removal on the surrounding water.
“Nobody knows… when you’re taking down these hills that have been sitting there for 20,000 years, you’re disturbing the balance that’s in the soil, you’re disturbing iron and other stuff that may have been deprived of oxygen and you’re introducing it to oxygen and then you get iron oxidizing bacteria… when you’re taking down giant glacial hills right next to the lake, there’s going to be effects and you might not see those effects immediately; you may see them in 20 years,” Gillespie said.
While the town imposed restrictions on Morse Brothers around truck traffic, etc. their position on the earth removal’s effect to the town’s drinking water remained clear. During the meeting where the Halifax Selectmen issued the now disputed earth removal permit, Selectman Jonathan Selig said, “this project has been reviewed by our Highway Surveyor, our Board of Health Agent, our Water Superintendent, our Police Chief, our Land Counsel, an Independent Engineer – all paid employees whose job description is to help be watchdogs for our Town. The site has also been inspected by the Massachusetts Department of Environmental Protection – an agency whose sole purpose is to literally protect the environment… I believe the town has done its due diligence… this project does not pose a threat to our town’s drinking water or our natural resources.”
Morse Brothers has been growing and producing cranberries in Massachusetts for six decades and on Lingan St. in Halifax for 40 years. The history of cranberry growing in Massachusetts is rich, in Southeastern Massachusetts in particular. According to sources, Ephraim Stetson first began to cultivate cranberries in Halifax in 1867. Cranberry production really took off when the United Cape Cod Cranberry Co. was formed in 1904. In Halifax, the A.C. Burrage Cranberry Co. was founded a year later in 1905. Burrage, as it is known to many in the Halifax and Hanson area, was named after industrialist Albert C. Burrage and is home today to over 2,000 acres of ponds, marsh, swamps, and cranberry bogs. Perhaps the biggest name in cranberries, Ocean Spray was formed in 1930 in Hanson. Today, Massachusetts is responsible for nearly a quarter of the cranberries grown nationally behind only Wisconsin in production of the crop. According to the Farm Credit East Knowledge Exchange Report, the cranberry industry is responsible for 6,400 jobs throughout the Commonwealth. Additionally, the overall economic impact of cranberry production in Massachusetts in 2023 was estimated at $1.7 billion when combined across farming, processing, manufacturing, and marketing.
Despite Massachusetts’ hearty production of cranberries, the industry is plagued by problems including increasing production costs and decreasing crop values. An increasing world supply of cranberries, particularly in Canada, has contributed to the declining prices for the crop. The Massachusetts cranberry industry is also affected by federal trade policies that reduce the market abroad. Climate change has also presented problems for cranberry growers as winter temperatures grow increasingly erratic and they depend on frozen bogs for crop health. The last decade has seen the state lose more than a quarter of its cranberry farms. Cranberry growers have sought to make ends meet through alternative means such as leasing their land for solar.
Halifax is a microcosm of the current state of Massachusetts’ cranberry industry and the complex issues that surround it. Morse Brothers’ suit against the town is at the epicenter of that.

The Kingston Board of Selectmen met on Tuesday, Dec. 19. Chair Kimberley Emberg was absent; Vice-chair Don Alcombright, who was donned in a festive cat Christmas sweater, led the meeting. Selectman Sheila Vaughn was wearing a Santa wig and beard to start the meeting.
Earth Removal Hearing
There was a public hearing for earth removal for PK Realty Trust. “The applicant asks to be able to remove 1,100,500 cubic yards of sand and gravel off site from 20 acres… off Route 44 for preparing the site for cranberry bog water supply, tailwater pond construction; the requested hours of operation are Monday through Friday 7 a.m. to 4 p.m. and Saturday 7 a.m. to noon,” Alcombright read. He further said that the plans are available in the Selectmen’s office at the Town House where they can be viewed during regular business hours.
Town Administrator Keith Hickey said that he had the opportunity to speak with the applicant before the hearing. Attorney Timothy Angley spoke on behalf of PK Realty Trust saying, “The bog is planned to be an organic bog that will ultimately be an education resource and facility that is going to be operated by the Cardinal Cushing school. This is planned to be a resource combining not only the bog but the wetlands to be able to provide a unique outdoor opportunity for students with special needs as well as other students from the surrounding towns and communities.”
President and CEO of the Cardinal Cushing Centers Michelle Markowitz spoke next. Of the work being done at Cardinal Cushing she said, “For almost 80 years now, we have been providing supports, education, vocational and recreational programming for students and adults with disabilities… farming is something that any one of us in this room could learn… we found that our students, the first few trips we made to the cranberry bogs were incredibly impactful; we saw their self-esteem soar.”
Bill Madden from JF Engineering said they were asked by PK Realty Trust to evaluate the property that they purchased. He said that they evaluated and reviewed the bylaw of the town regarding earth removal. “What we’re intending to do is create the level area for the cranberry bog to be constructed on, slope all the surrounding areas, and then come in and excavate for the bog and the water supply.” Madden said that a portion of the work will fall in the water resource overlay district. He said that monitoring wells were in place so that they can monitor the water table elevation any time during the construction process. He said that they filed a stormwater prevention plan through the US Environmental Protection Agency. “We want to return any water that we use for agricultural purposes right back to our tailwater pond… it serves both purposes – water supply reservoir and tailwater. That creates a closed system – nothing comes into the site and nothing comes out of the site,” Madden explained. He said that any excess water would be used for sedimentation and erosion control on the side slopes. He also said that they planned to start heavy vegetation growth early. The side slopes would be seeded as well. “All the areas around the bogs would be essentially our dike roads and sideways,” Madden said.
A Carver resident spoke saying that she was an abutter to a different earth removal project noting that it has amounted to a “sand mining” operation. “The permit was allowed back in 2011, here we are 2023. We have tolerated sand in our gutters, not being able to open our windows if there is the slightest breeze… everything in the house – the vehicles would get coated in sand silica. We have tolerated the tractor trailers and the dump trucks – 25 a day. The most I counted was 56 in one day. Now, if you can imagine the vibrations from these trucks going back and forth. We have dealt with a lot of things over the years. Are you prepared to protect any abutters that are close enough to this project from the downside of this project?,” she asked. “What my husband and I have gone through over the years, it sucks, it really sucks,” she said emphatically.
Madden then presented several reasons why this project was different than the one the previous speaker mentioned. “As I said, we’re not going to be impacting the roads, we’re not going to have travel, you’re not going to have some of the inconveniences or the long-term… we’re trying to have as minimal impact on the neighborhood as possible. There really aren’t any neighbors in this area – it’s industrial land and it’s open forest land,” Madden said.
Jimmy Powell, who is both a Kingston resident and the Ecology Program Director at the Jones River Watershed Association, said he reviewed the plans thoroughly. He asked, “is our earth removal bylaw not no touch ten feet from the water table?” He noted that the plan said otherwise and said, “that just seemed like an oversight to me.”
Meg Sheehan spoke next saying, “I’m an environmental attorney with decades of experience in environmental law working with public interest groups here in Southeastern Mass. I’ve worked on many, many earth removal projects including many with Mr. Madden.” She continued, “I just want to get right to the point here. This project is not allowed in the residential R8 zoning district.” She cited a court case where the town of Plymouth denied a project and the Supreme Judicial Court upheld the decision. “Many, many projects like this have tried to evade bylaws in Plymouth, Carver, sometimes quite successfully because no one is watching until now.” She said that the project in Plymouth was almost identical to this one except that it was for a Christmas tree farm. “This project is not allowed in this zoning district… if you approve this you are violating the laws of this State,” Sheehan said. She said that it didn’t matter the intention of the project or how many stormwater plans, etc. were in place. “This project appears to be one more ruse to get the sand and gravel out of there… I have seen 100 of these ruses… enough is enough and we are drawing the line,” she said. She urged residents to visit https://www.sandwarssoutheasternma.org/.
Selectman Eric Crone asked, “Can somebody tell me what the profit is on a cranberry bog versus annual profit on a cranberry bog of this size versus what is the profit 1.1 million cubic yards?” Sheehan said that they estimate it to be about $15 million. “The price of sand and gravel in Southeastern Mass has quintupled,” she said. She added, “The cranberry business as everyone knows is in an economic decline… it’s a breakeven business at best… who is kidding who, this is not about cranberries.” Angley replied that the quality of the gravel is worth maybe $3 million, not $15 million. He also said that the purpose of the project is to be an educational resource. Crone asked if that meant that it would be not for profit. Angley said that they would make a profit off of the materials mined but noted that it was minimal.
Crone asked, “There’s a ton of abandoned cranberry bogs, why not just take one that’s already built next to a pond, I mean they are all over the place so why not just take an existing one and make that an educational non-profit?” Angley said that it wasn’t possible to convert an existing one into an organic one. Crone retorted, “but that’s not what we found; we called and they said pretty much all the organic cranberry bogs in the State were converted.” Angley said, “That’s not my understanding and I may be misinformed.” He noted that the location near the wetlands and the access point made it ideal for the intended use.
Vaughn said, “I just don’t understand why we need to move 1.8 million tons of sand and gravel for a bog… I just don’t understand how we have to move all of that just to have an educational site for a bog for Cardinal Cushing.” She added, “I really think Cardinal Cushing is a great school; I think it is amazing… it’s just, to me, moving that much sand and gravel for a bog, it just doesn’t make sense to me.” Angley said that the long-term goal would be to make it more than just a bog with barns and livestock, etc.
Town Administrator Keith Hickey said, “I don’t think we’re interested in getting into a debate this evening between two counsels who have obviously opposing views on what this land will be used for.” He asked both Angley and Sheehan if they would provide some information that they can use in their peer review and their review with legal counsel. “I think, at this point, there’s a lot of questions from our point of view, from the Town’s point of view, with the amount of sand and things of that nature, we’ve asked… about needing some additional information before the Board of Selectmen can make a decision,” Hickey said.
Michelle Frost of Quincy spoke saying that her daughter is a student in the vocational program at Cardinal Cushing. “She has been afforded a number of vocational site opportunities; she loves the goat farm – that is a big one. She comes home with a lot of soap. She has done window washing; she has a really diverse set of opportunities… but it is the cranberry bog that is her passion.” She noted that this particular location was chosen for accessibility. “By building this to spec, you are opening this up to a tremendous amount of kids and adults who, their disabilities make it really hard for them to engage otherwise,” Frost said. “When you have a child with a disability, it is really hard to get to a place where you can look beyond that and just stop worrying, you have to find your new footing, so Cardinal Cushing and people like Michelle are critical to providing purpose and joy to other students,” Frost explained. She said that her daughter who works in the cranberry bog earns money that way and wants to eventually buy a home. “This has the potential to be a difference maker for so many students, like my daughter and the community, and the more people are around kids like mine, the more they learn the skill of looking past the disability,” she told the Selectmen.
Executive Director of the Jones River Watershed and Kingston resident Pine duBois spoke next. “When I first set foot in Kingston it was on an abandoned cranberry bog… and we turned that into an organic cranberry bog,” duBois explained. Children from Brockton and other locations were brought in to work and get an education on that bog. “So I really appreciate what was just said… but this site… taking down the site 75 ft to eliminate the drainage to Indian Pond… is going to damage the 3 ft deep to 4 ft deep Indian Pond 66 acre natural heritage site; it is an endangered species site. It is important to Kingston, it has been important to Kingston and it will continue to be important to Kingston as long as it can have water to fill it up and where that water comes from is the water that they are going to trap because it is no longer going to get to Indian Pond,” duBois said. duBois also shared concern that the geology and hydrology of the area will be changed potentially affecting the water table and noted that they will happily make other options in Kingston available to Cardinal Cushing for this purpose.
Vaughn said that they will continue the public hearing until January 16. Included in her motion was that PK Realty provide $10,000 for a peer review of the earth removal application. The peer review company must be selected from the Planning Board’s list of acceptable options. The Board voted unanimously to approve Vaughn’s motion.
Other Business
The Conservation Agent spoke to the request for the Blackwater Memorial conservation restriction. Little was said about the matter other than that a lot of work had been put in over the last year and it was now ready to be voted upon. The Board voted unanimously to approve. The Selectmen also approved some liquor licenses and live entertainment licenses.
Hickey asked that the Board rescind just over $24,000 of $50,000 of approved ARPA funds for several reasons outlined in a document shared with the Selectmen. He said that they have some additional ARPA fund requests. He said, “We’ll have about $10,000 in ARPA funds – we have to spend those funds by the end of 2024…. There is well over a million dollars that has been approved for a variety of projects primarily Water Department and School Department that have not been spent yet.” The new requests include a system that would notify the Fire Department members on duty if there was a call for service. The second request was for an air conditioning system for the Reed building used by the Recreation Department for a summer daycare program. The third item was for a new chiller unit for the elementary school. The final request was to replace the Opticom system at the intersection of Wapping Rd., Evergreen St., and Pembroke St. The Selectmen approved the uses.
Hickey provided a few more updates saying that the Wastewater Treatment Plant project had reached substantial completion. He also noted that the leaks in the fire suppression system at the Town House and Senior Center had been improved. He also said that the town has installed security cameras at the playground at Gray’s Beach due to ongoing vandalism.
Before adjourning, the Selectmen wished everyone Happy Holidays and Merry Christmas and complimented the town on the various holiday events around Kingston.