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Plympton residents testify

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BEACON HILL– At the prompting of residents, several weeks ago the Plympton Board of Selectmen asked the town’s state legislative delegation to file a bill that would define the language of a state law allowing certain activities, including agricultural activities, to operate unfettered by local zoning by-laws. The law is commonly known as Chapter 40A(3) or the Dover Amendment.

State Senator Michael Brady, D-Brockton, and State Representative Thomas Calter, D-Kingston, did file the legislation, and along with some familiar faces from around Plympton, both testified before the Joint Committee on Municipalities and Regional Government on Tuesday, April 12 at the State House.

Although there has been a certain amount of “mental gymnastics” going on in terms of determining if this legislative action would simply codify an existing definition of marijuana as a controlled substance, as House and Senate counsel argue, according to the legislators, or if it is in fact a significant change to 40A(3), the legislation simply inserts language into the agricultural section of the exemption to local by-laws, and prohibits marijuana from being considered agriculture for the purposes of relief under the 40A(3) exemption.

According to Brady and Calter, Plympton is the first city or town in the Commonwealth to challenge the definition of marijuana as agriculture.

The significance to the Plympton debate is that the Plympton zoning by-laws prohibit the cultivation of medical marijuana in an agricultural/residential zone unless the property qualifies for relief under 40A(3). If 40A(3) were changed to prohibit marijuana, the proposed grow facility would not be eligible to be built on Ring Road, where the applicant, Jeff Randall, wishes to site it.

First Representative Calter, then Senator Brady, testified before the committee, of which seven members were present, and presented the bill. Calter particularly noted the divisiveness the issue has caused, saying it had divided Plympton in a way he had never seen before.

“I’m not looking to make a new law, I’m looking to clarify a law,” he said. He noted that marijuana was already defined as a controlled substance.

He also stated that neither House Counsel nor Senate Counsel believe that the law needs to be clarified, but that the issue is, “of critical importance to people from the town of Plympton.”

Senator Brady presented the joint committee with 30 letters of support he had received in support of the act.

Chris Housley of Ring Road testified as well that the issue is, “tearing the community apart.” He spoke to many of the arguments presented at the previous night’s Selectmen’s’ meeting, and ended by saying it was a very emotional topic.

Stephanie O’Leary of Ring Road had harsh words for the Board of Selectmen, saying that Christine Joy, the only board member present, was the, “only sane member of the board.”

She said that the dangers of the proposal, “all were willfully ignored by two of the three Selectmen.” She later stated, “the willful arrogance of Mark Russo and Colleen Thompson is breathtaking.”

O’Leary believes the proposed grow facility will attract criminals, and therefore should not be in a residential neighborhood. She also noted the small police force in town, and that the Plympton Police Chief has repeatedly expressed his opposition to the project. She also tied the issue to gang-violence.

Sharon Housley testified next, saying that, “we’re here because we’re desperate, we really are.” She did not want to rehash facts, and said she was going to speak from the heart. She did not testify to anything regarding the specific law in front of the joint committee, but spoke to her general opposition and fears of the project, most of which she has expressed at previous Selectmen’s meetings over the past several months. She ended by apologizing, stating she had never done anything like this before, and was lauded for her testimony by the committee’s Co-Chairperson, State Senator Barbara L’Italien, D-Andover. “Good job,” she said. “Sometimes testifying from your heart is the best thing,” she went on to note.

L’Italien stated it was clear to her that the committee would need to further study the issue, and especially how the Department of Public Health, which regulates medical marijuana, feels about the matter.

Applicant Jeff Randall testified next, introducing himself simply by stating, “I’m Jeff Randall. I’m a farmer.”

He said that there is a significant group of residents in town that are supportive of his proposal, and that he has at least 100 letters of support. He attempted to explain the zoning by-laws to the committee, the first to hint at how the legislation would specifically affect him and target the Plympton zoning by-laws, as he thought they were intended to be interpreted.

He asked the committee to carefully study the legislation, not “fast-track” it.

He argued that marijuana was agriculture, using the analogy of hops, which are both processed into alcohol, and used to create a sedative which is a controlled substance. Hops are considered agriculture. So are red peppers, which contain capsaicin, which is also a controlled substance.

L’Italien was not convinced by this argument. She was also concerned about the project’s proximity to the Dennett Elementary School. Co-chairperson State Representative James O’Day, D-West Boylston, also quizzed Randall, especially on his experience and the details of the operation.

A representative of 4Front Ventures, of which Randall is a client, also testified, stating that there have been no known gang-related attacks on marijuana grow facilities in the country, that the facilities are very secure, and in order for marijuana to be valuable it would have to be stolen at exactly the right time in the harvesting season.

He also stated that former Attorney General Martha Coakley’s office had determined for the Town of Halifax that medical marijuana was allowable under 40A(3). He stated that the bill would substantially change the law. He was also grilled by the committee, but on more general aspects of any medical marijuana grow facility, including nationally.

Christine Joy testified last, briefly re-stating her previously known opposition, and that she was, “the only member [of the Board of Selectmen] that doesn’t believe this is an appropriate use of the land.” She stated her firmly held belief that the cultivation of marijuana was clearly not agriculture.

In the end, although only several members of the joint committee present chimed in with questions, they did not seem very familiar with the subject of medical marijuana, the “ins and outs” of the (very complex) rules set up by the Department of Public Health to regulate the industry nor exactly how 40A(3) fit in exactly with the specific situation in Plympton.

Although listening intently, it was quite clear that they needed to do some more homework now that they had solicited testimony. The joint committee co-chairpersons noted that they will have to due further due-diligence in committee.

In a heartening twist at the end of the hearing, everyone who knew each other from Plympton gathered outside hearing room B-2 and began to chat. Within a minute or two, Representative Calter’s legislative aide had gathered the group, ushered us all into a crowded elevator and began to lead us through the legislature.

Adversaries moments ago were now walking together as a group, getting a special tour of the State House, together marveling at the House and Senate Chambers, the Governor’s office, and other areas of the grand, historical capitol building. Just moments ago arguing, now everyone was just a group of fellow citizens, and although it went unspoken, it was a powerful moment.

“At the end of the day we’re all neighbors. Sometimes you have to agree to disagree,” said Christine Joy.

Plympton, Halifax after days of unseasonable weather

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PLYMPTON/HALIFAX– Despite windy weather last Thursday, snow squalls on Saturday and a one-two punch early April snowstorm on Monday and Tuesday, local officials reported that Plympton and Halifax were lucky with only a handful of motor vehicle accidents and downed trees and power lines.

Plympton Police Chief Patrick Dillon stated that Tuesday’s snowstorm, “caught us a bit by surprise,” but credited the Highway Department for keeping the roads as clear as possible. He stated Plympton saw few accidents.

Some notable incidents included a utility pole hit by a motor vehicle in front of Halifax Town Hall last Saturday, which snapped and knocked wires into the driveway, according to Halifax Fire Chief Jason Vivieros. Utility crews were quickly able to repair it.

Also in Halifax, Elm Street was closed for a period of about an hour on Tuesday after a pickup truck collided with a utility pole, knocking it into the street, according to Vivieros.

No serious injuries were reported.

“We were lucky,” he said, noting that conditions, especially Tuesday could have made for a much worse outcome.

U Drive. U Text. U Pay.

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HALIFAX– Early last week, Halifax Police Chief Edward Broderick announced that his department was one of 202 local law-enforcement agencies to receive a grant from the federal National Highway Traffic Safety Administration (NHTSA) administered by the Massachusetts Executive Office of Public Safety and Security’s Highway Safety Division (EOPSS/HSD) to combat texting while driving and distracted driving.

Local police along with State Police and other law-enforcement agencies from across the Commonwealth and the country will use the grant money to fund “traditional and innovative” enforcement activities during a “crack-down” period on distracted driving from April 8 through April 29. Broderick stated that he would make any specifics of the campaign public.

Although the Plympton Police department was not eligible for the grant due to changes in highway-safety grant funding formulas implemented during the Patrick Administration, the Plympton Police force is “hyper-vigilant” for all forms of driving infractions, including texting while driving, distracted driving, seatbelt violations and inspection sticker violations, according to Chief Patrick Dillon.

Distracted driving can include anything from fiddling with the car radio to talking on your cell phone, which although not explicitly forbidden, can get you a ticket if it is affecting your driving.

Texting while driving was outlawed in Massachusetts in 2010, according to EOPSS.  Drivers who write, send or read texts can be hit with a $100 fine. Teen drivers under 18 years of age are prohibited from using cell phones or other electronic devices at all while driving, including to make phone calls. The fine for a juvenile first offense is $100, a 60-day license suspension and required completion of a driver re-training course.

In 2014, across the United States, 3,179 people were killed and an additional 431,000 were injured in motor vehicle crashes involving distracted drivers, according to the state.

Plympton Chief Dillon suggests that if you absolutely must use your phone during the course of a trip, to pull over to a safe spot, out of the way of traffic so as not to create a hazard, such as a parking lot, and conduct your business there and not while on the road.

He also suggested simply putting the cellphone away and not using it until you’ve reached your destination, the safest option according to him.

Tony the Cat is home after Grrreat Fire Dept. rescue

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HALIFAX– Tony the cat normally lives on Chestnut Road. But, on Wednesday, March 30,  Tony wandered away.  Missing for 48 hours, the curious creature created a stir in the neighborhood, and kept neighbors on their toes searching, both high and low.

On Friday, though, one searcher heard a meow, from all places, beneath the street! Could that be Tony the cat, the neighbor thought, and from whence is that meow coming?

And to the neighbor’s surprise, Tony was found at the bottom of a storm drain. The neighbor called for help, and the Halifax Fire Department arrived to save the day.

Now Tony, already on an adventure, took off further into the stormdrain system when search and rescue arrived, necessitating some further back-up from the Water Department, who helped firefighters map out the underground pipes in the area.

Once the firefighters had an idea of where Tony was hiding, they strategically flushed water into various storm drains, chasing the cat into the arms of a waiting firefighter.

Happily, Tony and owner were soon reunited, and the cat is happily back at home on Chestnut Road, officials report.

When asked why the Halifax Fire Department rescued a cat from a storm drain, Halifax Fire Chief Jason Vivieros responded that there were two reasons: First of all, he said, the area of the system where Tony was found was flooded, and the cat would likely not escape without intervention. Second of all, he knows how attached people are to their pets.

“If we didn’t go down there, a neighbor was going to go down. We didn’t want someone to be in an unsafe situation.”

Tony is a very lucky cat.

Will Halifax diners digest proposed local meals tax?

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HALIFAX– Halifax Selectmen held a special meeting on Tuesday, March 30 in order to meet with Robert Bergstrom regarding a music event he is planning for this summer, as well as meet with FinCom members regarding a proposed meals tax. They also held a public street acceptance hearing.

Forking over more money for meals?

The Selectmen are planning a warrant article for this May’s Annual Town Meeting asking voters to approve a .75% meals tax. The small tax, common among neighboring communities, according to Town Administrator Charlie Seelig, would add 75 cents to a $100 dinner bill.

The tax would simply be added to the 6.25% sales tax already paid on meals, the two combined raising the excise tax to an even 7%. The meals tax would be collected with the sales tax by the Massachusetts Department of Revenue, and redistributed back to the town. No extra burden would be put on restaurant owners, other than reprogramming point-of-sales systems to charge 7%, rather than 6.25% in tax.

The small tax is unlikely to drive restaurant dinersfrom coming into town to eat, nor locals leaving for towns without the tax as it is becoming increasingly hard to find nearby communities without a meals tax.

In fact, Seelig recounted a story of a certain franchised coffee shop, whose owner was so accustomed to working in communities with the meals tax, simply assumed Halifax had imposed one as well and thus programmed the point-of-sale systems to collect 7% sales tax. A sharp-eyed resident noticed the extra .75% being charged on their coffee or doughnuts, and Seelig had to go notify the coffee shop that Halifax in fact does not have a meals tax.

The ultimate decision is up to voters at the Annual Town Meeting, but Selectmen and FinCom members were already discussing the meals tax as if it had passed. When they present the article, both boards hope that there is a clear understanding of where the money raised from the tax would go.

Chairman Roy is leaning

owards the capital planning fund, although there will be ongoing discussions with FinCom.

A public hearing on the matter is scheduled for Tuesday, April 19 at 3 p.m.

Questions remain about ‘Music Event’

Robert Bergstrom, known for his MudFest truck racing events, was again before the board to discuss his plans for a possible yet-to-be-named two-day concert that he is planning for the summer. The board seemed as skeptical as ever, and several town officials were present to express their concerns.

The concert, which according to Bergstrom might attract up to 5,000 people per day, is still in its infancy in terms of planning. Kim Roy, Selectmen Chairman noted that the board had asked Bergstrom to begin meeting with different town departments to discuss plans several weeks ago, and he had only begun the process yesterday, with the Police Chief.

He had prepared a preliminary information packet, including names of possible bands, a security expert that he knew– but did not, according to his résumé have experience with crowd control at a concert, and an aerial map of Fieldstone Farms, where he plans to hold the event.

Major concerns that have still not been addressed by Tuesday night’s meeting include working out a public health plan with Health Agent, Cathy Drinan, coordinating with the Police and Fire Departments, and as well as the Building Inspector.

The Building Inspector, Robert Piccirilli had numerous reservations, including whether or not such an event could even be held in an agricultural zone. He also noted that because the owner of Fieldstone Farms has a legal agreement with the town exempting him from certain zoning by-laws, but that in his opinion this event would not “count” for those exemptions because it is not related to agriculture.

Roy said she had been cautiously optimistic that Bergstrom could pull off the “ambitious” proposal, but that she needed to be convinced, a sentiment echoed by other Selectmen, Troy Garron and Tom Millias. All agreed they wanted detailed plans, much more detailed than those provided thus far.

“You’re going to have to sell me,” said Selectman Millias.

Despite Bergstrom and the board having worked well together in the past for MudFest, this event would be on a different scale.

“We can’t just throw the town’s liability to the wind to throw a party,” said Roy. “This is not ready. When you’re ready, come back.”

Apparently because of his good history with the board, Bergstrom was added to the agenda for the April 12 scheduled meeting.

He stated that he could “absolutely meet that date.”

The board’s change in tone from the last time Bergstrom appeared before them did not seem to phase him. It appears, though, that Bergstrom will have to plan very carefully and quickly to appease the Selectmen.

On The Road To Acceptance

A public “street acceptance” hearing was also held on Tuesday, for two roads in the Two River Farm development, off of Walnut Street. This type of hearing comes up less frequently than other types of hearings in Halifax, for example, dog hearings, and therefore Chairman Roy was a bit confused as to how to start the hearing, but Seelig was able to walk her through it.

“We don’t accept many streets in these parts,” she joked.

A two-step process, first the Selectmen and then the voters at Town Meeting must approve any new roads so that the town can take responsibility for their maintenance. Traditionally, the developer comes before the board to address any questions from the Selectmen or the public.

No members of the public were present for the hearing.

A representative of GF Engineering was present, though, and he addressed a concern from the Water Department posed by the Town Administrator. They were concerned that several “water gates” needed to be raised to grade level. Other than some topsoil that needed to be removed, the Selectmen appeared satisfied and voted to accept the road on the condition that the two minor issues were resolved.

Bourne Drive and Danson Lane are now half way down the road to being accepted. Welcome, and best of luck at Town Meeting!

Shane Sullivan at Bridgwater State Hospital until arraigned

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PLYMPTON – Shane Patrick Sullivan, 25, of Boston, continues to be held at Bridgewater State Hospital, now under a suicide watch, after a Plymouth District Court judge ordered him evaluated following charges that he allegedly attempted a home invasion on Brook Street, Plympton, Sunday, March 6, according to court documents.

Sullivan, whose arraignment was twice delayed directly following the alleged crime, was last to be arraigned Monday, March 28, but that was postponed at the request of the hospital, which is a secure mental health facility located at the Bridgewater Correctional Complex in Bridgewater.

The fourth attempt to arraign Sullivan will occur on Thursday, April 14 at 9 a.m. at the Plymouth District Court, 52 Obery St., Plymouth. He will remain in the custody of Bridgewater State Hospital until that date.

The hospital is conducting a forensic evaluation to determine Sullivan’s competency to stand trial and his criminal responsibility (known as a 15B evaluation).

Sullivan made headlines recently for allegedly leaving the Brook Retreat, a “sober-living” facility located at 55 Brook St., and attempting to break into a neighboring home on Brook Street with an icepick.

He is well known to police, law-enforcement officials have said, and court documents indicate a lengthy criminal record.

Sullivan was located when the victims called the Plympton Police, and according to the police narrative, he was making bizarre statements and was barefoot when found.

Sullivan told paramedics, who told police, that he had ingested drugs, although the veracity of the statement is not clear due to his behavior at the time police took him into custody and medical privacy laws.

Sullivan is charged with felony vandalizing property, felony home invasion, misdemeanor disturbing the peace and misdemeanor resisting arrest.

10 Citizens petitions to be voted at ATM

By

Abram Neal

Express staff

PLYMPTON– At a brief meeting on Monday, March 28 Selectmen updated the public on a few ongoing major issues, closed the Annual Town Meeting warrant, but not the Special Town Meeting warrant, and acknowledged ten citizens’ petitions that have been certified by Town Clerk Tara Shaw. Board Chairman Mark Russo was not present, and Selectperson Colleen Thompson was acting Chair in his absence.

Controversies On Hold

Two on-going controversies have been put on hold awaiting further information, according to Selectperson Christine Joy.

Ring Road resident Jeff Randall’s proposal to locate a medical marijuana ‘grow-op’ on his farm, in an agricultural/residential zone appeared to meet the requirements of Plympton zoning by-laws, although he was seeking relief under a state law that prevents local zoning by-laws from interfering in certain activities, including agriculture, known as Chapter 40A(3). Although Plympton by-laws forbid medical marijuana cultivation in an agricultural/residential zone, they specifically exempt proposals that meet the requirements of Chapter 40A(3).

Although different attorneys at different times throughout this months-long controversy interpreted Chapter 40A(3) differently, apparently the Commonwealth has not determined if marijuana cultivation is actually agriculture. (And if it is not, that would stop Randall’s proposal in its tracks as 40A(3) would not apply and his farm is in an agricultural/residential zone).

At the behest of Selectperson Joy, and a unanimous vote by the board, Plympton’s state legislators, Representative Thomas Calter and Senator Michael Brady offered to file legislation  to clarify the law, by introducing a change in wording to 40A(3) explicitly forbidding marijuana cultivation in the definition of agriculture. According to the legislators, Plympton is the first town to challenge marijuana cultivation as agriculture.

Joy reported that there is no news yet from Beacon Hill on the definition of agriculture, at least as it applies to 40A(3) nor on the pending legislation.

Brook Retreat “Sober Living” house

The Brook Retreat, a so-called “sober living” facility located at 55 Brook Street, has also recently been in the news due to a resident leaving the facility and terrorizing a couple neighboring the “sober house” by attempting to break into their home using an ice-chipping tool.  Police report that he succeeded in damaging the house, breaking an outside light and a storm door while shouting threats.

Although the three principal operators of the facility spoke with Selectman Russo, they refused to do so publicly, and have not responded to a request for comment from the Express.

A large number of residents came to the selectmen’s meeting on March 21 to hear a report on the conversation Russo had with the operators of the Brook Retreat. His report did not appear to satisfy those gathered.

At the suggestion of an audience member, the board unanimously voted Selectperson Joy to meet with Town Counsel to explore any action the town could take to improve safety and communication with the unlicensed facility, which, it appears, is not required to be licensed by any state agency.

Joy reported back to the public that she had spoken to Town Counsel, and that they have a few “good options”, but did not say what those were stating that she was waiting for Town Counsel to prepare an official opinion for the board.

The board and the townspeople will have to wait for further information on another controversial topic in town.

10 Citizen’s Petitions for Town Meeting

Annual Town Meeting Warrant Closed; 10 Citizens’ Petitions accepted

The board closed the warrant for the May 18 Annual Town Meeting on Monday evening, although they chose to wait to close the Special Town Meeting warrant in order to give themselves some more time to tweak it.

A large number of citizens’ petitions will appear on the warrant this year, including several addressing medical marijuana grow facilities, another that would end the town’s participation in the Community Preservation Act, two addressing the town’s demolition delay by-law, and two that would order the town to sell certain lots that are in tax-foreclosure status.

The three medical marijuana related warrant articles include one that would ask to see if “the Town will vote to allow the residents of Plympton to vote on the proposed marijuana grow facility on Ring Road that is presently before the Board of Selectmen.”

According to Town Counsel at a previous meeting, any vote of the sort would necessarily be a non-binding referendum, as Selectmen have full decision-making power to oppose, send a municipal letter of non-opposition or a letter of support for any type of medical marijuana operation.

It is not apparent if the measure passes when the referendum would appear on a ballot;  due to time constraints, it could not appear on this year’s annual town election ballot.

Marijuana RMDs

Another warrant article asks the town to vote to instruct the board to oppose any Registered Marijuana Dispensary (RMD) applications located in an agricultural/residential zone until the state makes definitive decisions on whether the agricultural exemption in Chapter 40A(3) applies to marijuana.

The final article asks the voters to amend the town zoning by-law, adding a new article: “Article XXXI…All applications for a Registered Marijuana Dispensary (RMD) in which any of the facilities (dispensary, cultivation, or processing) are located in the Town must be approved or denied through a ballot question to be voted at the Annual Town Election. Passage of the question will authorize Selectmen to provide a letter of support or non-opposition to the applicant, failure of the question will authorize the Selectmen to provide a letter of opposition to the applicant.”

On a different subject, an article asking voters to revoke Plympton’s participation in the Community Preservation Act (CPA), which it accepted at the 2008 Annual Town Meeting, will be on the warrant. The CPA, funded by a 1.5% additional excise tax on real property and matching funds from the state, established a dedicated funding source, “to acquire and preserve open space, parks and conservation land, protect public drinking water supplies and scenic areas, protect farm land [sic] and forests from future development, restore and preserve historic properties, and help meet local families’ [sic] housing needs.”

Two other warrant articles ask the voters to make changes to the demolition delay by-law, which protect houses of historic value from being demolished without significant delays, which are generally used in order for the town officials and property owners to find an alternative to demolition.

The current delay is 18-months, and one article would reduce that to six-months. The other slightly changes language in another section of the by-law, to reflect the change if the voters approve the shorter delay period in the aforementioned article.

Finally, two other articles list several properties that are in tax-foreclosure status and ask voters to instruct the town to sell them. They appear all to be vacant lots, although some are of significant value– one roughly 16-acre lot on Palmer Road was assessed at $203,100 in 2016.

• Animal Control Officer Frank Bush announced a low cost rabies clinic at the Kingston Animal Shelter on Saturday, April 16, from 10 a.m. to 12 noon.  Aimed to assist seniors, the cost is $10.  Contact the ACO at 781-585-9444 with any questions before April 11.    Transportation if needed by COA van.

• The Selectmen will not meet next week, but will meet next on Monday April 11.

Great Hall celebration!

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HALIFAX– At an otherwise brief meeting of the Board of Selectmen on Tuesday, March 22, Halifax Fire Chief Jason Vivieros presented certificates to two high-school students who completed the Halifax Firefighter’s Cadet program, and promoted two firefighters to the rank of Lieutenant. Selectmen also met with Barbara Brenton, Director of the Council on Aging and Karen Trudeau, Principal Assessor, with an update on the Senior Tax Work-Off Program. Russ Kleekamp, of GHD, a consultant working with the town on Monponsett Lake water-quality issues also updated selectmen.

Firefighters and families celebrate

The Great Hall in the Halifax Town Hall was filled with firefighters, family and friends as students from the Halifax Firefighters Cadets program were recognized with certificates.

The cadet program allows high-school students with an interest in becoming firefighters to explore all aspects of the day-to-day work of firefighters and paramedics, including firefighter safety, EMS, search and rescue, and according to Vivieros, “they were able to play with the trucks a good deal.”

Students Abby Dubraski and Zachary Rossini received their certificates.

Vivieros continued with firefighter promotions, citing Nathan Jones and William Palma as the obvious choices to promote to Lieutenant.

“Both are already natural leaders in the department; they are the guys that others go to for help in solving problems.”

As each was sworn by Town Clerk Barbara Gaynor, their spouses pinned on their new badges to thunderous applause of those gathered.

There were many hugs and handshakes seen around the hall, as the board and the firefighting community congratulated the newly minted Lieutenants.

Senior Tax Work-Off Program

Barbara Brenton, Director of the Council on Aging and Karen Trudeau, Principal Assessor, were tasked last year with bringing to fruition a tax-abatement program for seniors in which, under certain conditions, by volunteering, seniors could abate part of their property tax bill.

The PILOT program allows seniors, over the age of 60 who are homeowners of five years or more, a chance at a lottery for two slots for the program. A maximum of $750 each can be “volunteered” off of their taxes, for example, at the library. The number of hours is capped to the minimum wage.

Nothing prevents anyone from volunteering more, but a restriction is in place so that someone can’t win a lottery position two years in a row. An income means test is imposed as well.

Brenton and Trudeau were reporting back after the inaugural year of the program, and they both stated that it was a little hard to fill the two slots that they started with.

The COA did meticulous research about how this type of program works in other towns, noting that over 100 towns in the Commonwealth have had something similar in place for 15 to 20 or more years.

They recommended to the board that no changes be made in the program for FY’17, as the concept continues to become more well known.

“We need to market it more,” said Brenton.

Monponsett Lake Storm Drains

Russ Kleekamp, a consultant with a company called GHD, is working with the town of Halifax, specifically very closely with the Highway Department, in order to identify and take the necessary steps to reduce storm-drain runoff making its way into both the ponds of Monponsett Lake.

Using grant money from the state, money donated from the Massachusetts Division of Ecological Restoration, and matching town money, the town has been achieving $9 for every $1 spent on the project, which hopes to reduce the amount of runoff into the ponds. This runoff provides extra nutrients to feed the problematic algae, partially leading to the unhealthy water in the lake, according to Kleekamp.

Kleekamp will identify three major “hot-spots”, and work on a detailed conceptual design to mitigate the pollution.  That way the grant money will be spent on the highest priorities first.

“I’m at a point in my career where I’m lucky enough to be able to pick and choose my clients,” he said to the board. “It’s been great working with the town.”

The board was visibly pleased.

Halifax selectmen will next meet Tuesday, March 29.

Fear and anger regarding Brook Retreat incident by Residents

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PLYMPTON– On Monday, March 21, a large group of residents attended the meeting of the Board of Selectmen to hear a report from Chairman Mark Russo regarding an alleged home invasion on Brook Street earlier in the month, nearly adjacent to the Brook Retreat, at 55 Brook Street, a sober living facility. A guest of the facility was alleged to have committed the crime.

The operators of the Brook Retreat, South Shore Transformations, Inc., a sober living and 12-step facility located in a residential neighborhood, refused to appear before the board publicly, nor did they respond to a request from the Express for comment, but they did sit down with board Chairman Russo to discuss the March 6 incident.

On that Sunday night, according to police and court records, an individual named Shane Patrick Sullivan, 25, of Boston, but staying at the Brook Retreat, allegedly terrorized a couple at around 11 p.m. in their home, attempting to break windows, damaging a storm door, and breaking a light fixture with an icepick and committing other property damage.

He had been staying at the Brook Retreat for only four or five days, said Russo.

When found by police, according to the Plympton Police incident narrative, Sullivan was barefoot in the street, making bizarre statements, including that he had killed a whole family, that he had killed Satan. He also spontaneously uttered, “I’m guilty.”

Sullivan was charged with felony vandalizing property as well as felony home invasion, and misdemeanor disturbing the peace and misdemeanor resisting arrest.

According to Russo, court records and a law-enforcement source, Sullivan is being held for psychiatric evaluation at Bridgewater State Hospital, in order to determine “criminal responsibility” and “competency to stand trial”.  A Plymouth District Court judge ordered this evaluation before he was arraigned.

Although he allegedly told paramedics, who reported back to police, that he had ingested illegal drugs this may not be the case as he was not making much sense according to the police report.

Sullivan has at least one open case in Massachusetts, in Chelsea District Court, on charges of shoplifting and possession of a Class E substance. The prosecutor in that case is asking a Plymouth judge to revoke his bail in the case, which originated in Revere, according to the Chelsea District Court Clerk’s office.

According to a law enforcement official Sullivan is “well-known to area law-enforcement.”

Russo reported that the operators of the Brook Retreat were deeply sorry for the incident, and were taking pro-active measures to prevent an incident like this from happening again. They released a statement directly responding to questions from a concerned resident, via Russo, which stated:

“What happened on Sunday night to the Limitone family by one of our guests is unacceptable. We are grateful that no one from the family was injured. We are a very strict structured program. We take the safety of our guest [sic] and neighbors seriously. We appreciate the action by police and emergency personnel who defused the situation quickly.”

The statement further went on to say that they have been following the agreement they made with the town (although there was no formal agreement) stating that they would not accept guests that have been “arrested for either arson or any sexual related offenses.”

At a forum in Sept. 2014, the Express reported that the three principals of the Brook Retreat mentioned violent offenses would also be part of the list of disqualifying arrests, but left this out of their statement.

Russo stated that CORI checks were not being performed, so it is not apparent exactly what type of background check is being done.

Russo described some of the other policies as reported to him, though it was not clear which one broke down earlier in March. The Brook Retreat claims that they will build a fence around the property with a gate, but this did little to assuage the concerns of residents.

Russo also noted that because the facility is technically a “school” under a 1950’s era state law known as the Dover Amendment, part of M.G.L. Chapter 40A(3), which allows schools, even those with non-traditional curriculums, to be operated relatively unfettered from local zoning restrictions. (Chapter 40A(3) has been a key issue in the on-going discussion over whether to allow a medical marijuana grow facility on Ring Road.)

The Brook Retreat has no license from any government authority, local or state, although the fire department checks the sprinklers annually.

Residents were uniformly angry, upset, fearful or expressing some mixture of the three. The lack of any oversight from any agency is a huge issue for residents.

Amy Cronin of County Road said she supported effort to help “these people”, but had grave concerns with the way the facility was managed.

She was thankful she didn’t live on Brook Street, but “am afraid for my neighbors that do,” and that she was personally “scared.” She mentioned property values potentially going down, noting that on a popular real estate website the incident is already noted.

Cronin would like to see a certified or licensed facility.

James Boucher of Mayflower Road was also vocal. He added that he thought something was going to happen when the project was proposed, that it was just a matter of time. “Someone could have been shot,” he said.

“I don’t want to wake up with…one of my neighbors stabbed with a knife or stuck with a needle,” he later added.

He later even stated that Plympton was being used as a “dumping ground”.

Although not all of the language was this vitriolic, several other residents brought up what they thought could be ways to close the facility, for example, an excess number of beds, excess occupancy, or an improper septic system but the facility has followed all the rules it is subject to, according to Russo.

Most were simply incredulous that a sober living facility could be operated with no oversight.

Selectperson Christine Joy expressed anger that residents were living in fear, and took the suggestion of an audience member that Town Counsel be asked for advice regarding any action the town could take against the Brook Retreat.

The Board unanimously agreed, although Russo noted that he was afraid that the answer would be unsatisfying to those gathered.

Selectperson Colleen Thompson expressed concern that background checks weren’t being performed.

Russo noted at the end that after having met with the operators, he very much supports their efforts. He even went so far to say as he would be happy to have the Brook Retreat next to his own home.

The audience was not convinced.

Sullivan is scheduled to be arraigned at 8:30 a.m. in Plymouth District Court on Monday, March 28, 2016.

Burrage Pond Wildlife Management Area

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HALIFAX– Citizens will soon be able to drive to a parking lot again, rather than park directly on Elm Street, in order to access the Halifax entrance to the Burrage Pond Wildlife Management Area, shared with Hanson. There is no other vehicle access in Halifax to the WMA, although there is in Hanson.

The WMA, once dominated by cranberry bogs, was purchased and created by the Division of Fisheries and Wildlife (DFW) in 2002. The 1,600-acre property was sold by the Northland Cranberry Company.

The controversial purchase led to litigation between Halifax and the DFW, regarding taxes Halifax asserted were owed on the land as it was no longer being used for agricultural purposes, which was eventually settled. This was not the only controversy regarding the WMA, though. A couple who abuts the parking lot and driveway to the Halifax entry-point have complained for years about a lack of policing, litter and nightly noise caused by trespassers. Christopher and Thais Kasmerek, by a fluke, discovered that due to a surveying error, they actually owned a good portion of the access road, and essentially closed it off to vehicle traffic by building a fence down the middle, delineating their newfound property.

Citizens are still able to walk on the State-owned side of the fence to enjoy the WMA, but have been creating a safety hazard by parking on the side of Elm Street.

In response to the fence, the DFW has announced it will simply pave a new road around the Kasmerek’s fence, to the original parking lot, by-passing private property and remaining on State-owned land.

The Kasmereks have come before the Halifax Board of Selectmen with their fears of actions that the Town or State might take to open up access again, as recently as December.

At that meeting, Selectmen foresaw just this scenario, and attempted to work with the couple on a compromise in order to prevent it. The DFW had offered to build some sort of buffer for the Kasmereks, but they rejected that offer suggesting that no buffer could assuage their concerns.

The Kasmereks complained of more “bad-behavior” behind their property after the DFW created the WMA, with people coming and going at all times of day and night and leaving behind beer cans, glass, needles and dog refuse.

Another issue is that policing of the property falls primarily under the jurisdiction of the Environmental Police, because the WMA is owned by the DFW. The Environmental Police, a relatively small agency, appear not to have the will or resources to properly police the huge WMA, at least not to the satisfaction of abutters.