Kingston Town Administrator Keith Hickey reported to selectmen at their June 20 meeting that the Baymont Inn, which has been housing migrants in what was supposed to be temporary shelter through December 2022, now appears to have no end date in sight. Hickey said he is concerned that the facility, which is no longer a hotel and is listed as permanently closed on its website, was not built for long-term residency and he and the Kingston buildings manager are concerned that it is not up to code; with every room filled, it is inviting problems for both the town of Kingston and the residents housed there.
Hickey will be meeting with representatives from the state to discuss remedies to this situation that will also answer the residents’ needs and assure their safety.
Town mourns loss
Beginning the selectmen’s meeting Chairman Kimberley Emberg told the board of the loss of Brad Norman, Kingston’s Buildings Manager, whose death followed a brief illness. After a moment of silence, Emberg expressed her sympathy to Norman’s family.
In the meeting’s open forum, a Kingston resident took the podium and sang the praises of Brad Norman. During the COVID shutdown, she said, Brad was invaluable with his hospital experience. “Suddenly there were sanitizers, sprayers, solutions, and anything else he could get his hands onto to keep us all safe. That was Brad.” This resident further told of the special project at Gray’s Beach. When a seawall was destroyed by storm, Brad consulted and was instrumental in planning and getting the grant-funding to construct a natural sea barrier, with boardwalks and restrooms, for the enjoyment of all. “I speak for many when I say he will be missed for his sense of humor, his collaboration, knowledge, compassion and as the gentleman he was. Rest in peace, my friend.”
Vacancies
The town moderator is seeking to fill open seats on the Finance Committee, the Capital Planning Committee, and Council on Aging who are also seeking a volunteer to help deliver Meals on Wheels. Anyone interested in any of these positions should reach out to the Director of Elder Affairs or to the Selectmen’s office.
Transfer Station stickers
Transfer Station stickers expire July 1 and are now on sale at the Highway Dept. from 7 a.m. to 3 p.m., regular hours, and Saturday and Sunday, 8 a.m. to 4 p.m. through July 9, except for July 4. Bring your registration and the driver’s license of the person on that registration, proof of Kingston residency, and a check or money order for the sticker, as cash and credit and debit card payments are not accepted.
Farmer’s Market
The next Farmer’s Market will take place on Grays Beach Park Sunday, July 2, from 10 a.m. to 2 p.m. The first “Music at the Beach” is scheduled for Tuesday July 11 at 6 p.m. at Grays Beach Park.
Retirement benefit
Charles Armanetti, a Plymouth County retiree living in Carver who worked for the town of Middleboro for 36 years, spoke to the County’s request for the one-time 5% increase in retiree’s benefits for the fiscal year 2024. Armanetti told the board that Kingston has 81 retirees and their average retirement stipend is $27,500, and the extra 5 percent would mean a lot to them.
Plymouth County Treasurer Tom O’Brien appeared as president of the Plymouth County Retirement Association. He said that 23 towns member units – all four who have already taken this vote, did so unanimously. Kingston voted unanimously to adopt the one-time retirement bonus.
Rocky Nook July 4th
Selectmen approved a request from Rebecca Hebert of Rocky Nook to close the roads in the Rocky Nook area for a 4th of July celebration. Included in the motion was a statement to ask the police to do their part in seeing that the laws regarding fireworks are upheld. Town Administrator Hickey said that was included so that it would be known that illegal fireworks are in no way condoned by the town. Selectman Donald Alcombright moved that selectmen order the closure of roads: a portion of East Avenue at Bayview Avenue, West Avenue. at Bayview Avenue., Cole Street at Bagnall Street, and a portion of Rocky Nook Avenue from the intersection of East Avenue at Bayview Avenue, to the intersection of Rocky Nook Avenue at North Street, on Tuesday, July 4, from 6 p.m. to 11 p.m. with the following conditions:
•Access for emergency vehicles is always maintained. All barricades must be placed to allow emergency responders to quickly move them. Sections of closed roads must have a width of 10 feet to allow apparatus access.
•The petitioner secures barricades and road closed signage from the highway department to be erected by the petitioners during the event.
•Notification is made by the petitioner to the neighborhood residents that are affected by the road closure.
•Instruct the police department to take appropriate legal action against private citizens who use, possess, or sell fireworks.
Town Administrator Hickey furthered that the group Ms. Hebert represents is not involved in fireworks. “I’ve asked in this motion specifically … to have the town, the Board of Selectmen, to direct the police chief to ask his staff to be more emphatic when they’re dealing with the types of displays that have been going on in the Nook now for a little while.”
Selectman Sheila Vaughn said that it’s not just one or two (involved with illegal fireworks) I do believe there’s quite a few citizens in there. “It has gotten much bigger over time,” Vaughn continued. Hickey noted that there are legal ways to light off fireworks. “If individuals in the Nook are interested in pursuing that, happy to have that conversation or put them in contact with the fire chief.” Hickey said the town is trying to be proactive and prevent injuries. “We’re talking about lighting off some pretty significantly large fireworks.” This isn’t the first time this concern has come up either, Emberg concluded.
Agricultural Fair
Next, selectmen approved a request from the Agricultural Commission to use town property was posed by Jean Landis- Naumann, associate member, who spoke in place of John Wheble, Jr., chairman, who was out of state and could not attend. “We have had this agricultural fair traditionally on the old green since about 2008. This year, when we made our request, the police chief came back to us and said he would require two detail officers. When we informed him we did not have sufficient funds for two detail officers, he kindly worked with us and recommended that we consider using the property around the townhouse… We have looked at the property and feel it is adequate for what we have in mind. We’re hoping to amplify some of the things we’ve done in the past. We’re reaching out to additional vendors, not just from Kingston, but also from surrounding communities, and are asking that they include an educational component to their display. There will also be lawn games. The one-day event will be Sunday, Sept. 10, from 1 to 4 p.m.
Produce sharing
In other business, Landis-Naumann asked for permission to set up a produce-sharing program, using the Gazebo. Town administrator Hickey noted concerns from the health agent regarding spoilage and how to deal with it. The Council on Aging director offered their setting for the produce sharing should the Agricultural Commission fail to get the okay for the Gazebo. Selectmen voted to approve the produce sharing for the Gazebo and should problems arise, the operation can be seamlessly moved to the Council on Aging.
Selectmen unanimously approved five separate one-day liquor licenses for Michael Johnson of Brewery 44 Music at the Beach events at Gray’s Beach Juy 11, 25, August 15, and 29, from 5 p.m. to 8 p.m., and Sept. 23, 2 to 6 p.m., along with any rain dates that may be needed.
Reappointments
Selectmen undertook the lengthy list of reappointments to various boards and committees. John Alcombright was appointed as the selectmen’s representative to the Agricultural Commission. The COA Advisory Board is different as required by their by-laws, causing selectmen to vote to waive the by-law to allow Joan Hutchinson and Maureen Elwood to the three-year terms beginning July 1, 2023 to June 30, 2026. Austin Sennett was approved for another three-year term beginning July 1, 2023 to June 30, 2026.
Selectmen unanimously voted to fill the vacancy of the recreation department’s program administrator and hired Brandy Gordon to fill the position. She had worked in the program.
Due to the recent resignation of the assistant treasurer, and having undergone the recruiting process, the board was asked to approve the appointment of Nicholas Derbes, who is currently working as the assistant tax collector. Emberg noted that this would be a promotion for Derbes and require recruiting for the assistant tax collector position. Hickey commented, “Good for him. He’s done a great job.”
Special Town Meeting
The school department reached out to Hickey to schedule a special town meeting. Hickey provided selectmen with a timeline, making Tuesday evening, Oct. 24, the proposed date. In addition to a school warrant item, there town will likely be a Community Preservation Committee article which will help refurbish the Opachinski fields, among others. Chairman Emberg asked that the supporting information for each of the warrant articles as they come up be posted on the town’s website, keeping the public informed as the warrant develops. Hickey said he would be happy to do it.
Donations accepted
Selectmen voted to accept the following donations to the Veterans Department: $250 donation in gift cards from an anonymous donor, a $100 donation from Andrew and Carmen Risio, and a $100 donation from Rui and JoAnn Santos. For the Veterans Memorial, selectmen accepted the donations of $250 from William Martin, $250 from Goodrich Lumber Company, $100 from Barbara Holmes, $200 from Dennis Reddy, $10 from Jane Core, $78 from election day donations, $100 from Deborah Grace, $100 from Ronald Perry, $50 from Ann Govoni, $790 in t-shirt sales March through June. Selectmen also voted to accept a $102 donation from Stop and Shop for the Meals on Wheels program.
Hickey updated the board on the progress of the bill for $100,000 to Kingston to help fund the Veterans’ Memorial to be built in front of the Townhouse. Hickey told selectmen that the bill has made it through both the house and the senate. Once the budget has been set, “we are hopeful that that donation will come to fruition and help out the completion of that project, which will be nice.” Hickey also reported that the Elm Street drainage project that the Conservation Commission and agent are working on through a grant is going well. They hope to have the project done by the end of the month and the road re-opened.
“We’ve run into a little bit of a challenge with the Route 106 and 27 intersection improvements. Bids ranged from $456,000 to $630,000. The town received just under $400,000 for a grant.” Hickey said the shortfall was primarily because of the increase in the cost of materials. He said he would meet with the state and talk internally about how to fund the $56,000 deficit and see where we can go. There are other sources, and Hickey said he would put it together and bring a proposal back to selectmen.
Gray’s Beach playground open
Hickey happily announced that Gray’s Beach playground is open, phase one having been completed. “I was told that the recreation director was one of the first ones down the slide. I wish we had it on video. We don’t.” Phase two includes setting the compound rubber material used for footing, accessibility, and safety, he said. That phase will begin in late August and close the playground for approximately two weeks while it is installed.
OCPC Traffic Study
Hickey said he had met with Old Colony Planning Council regarding the Landing Road/Maple Street/Bay Road intersection to come up with a safer solution. He will meet with the Town of Duxbury to see if they will agree to Kingston’s putting up a “No Through Truck Traffic” sign keeping trucks off those roads. Duxbury will have to agree as Bay Road is also in Duxbury. While 3-Way Stop signs were also suggested, OCPC determined that it didn’t meet all the warrants allowed. Hickey said he expects Kingston will get a report from OCPC detailing their traffic study and suggestions by the end of June.
Tragic loss
In closing, Sheila Vaughn spoke of the loss of Brad Norman and how it is such a tragic loss to his family, and friends, and to the town. “It’s just a tragic loss and really sad for everyone.”
Selectmen’s next scheduled meeting is July 11 at 6 p.m.

Friday afternoon, Halifax resident Jeremy Gillespie, representing 14 other residents, appeared in Plymouth County Superior Court in Brockton to present arguments in favor of stopping Morse Bros. LLC, Ryco Excavating, and Oiva Hannula & Sons, Inc. from continuing the truck traffic in the densely-populated neighborhood, breaking down the roads, shaking houses to their foundations, and in general interrupting the lives of the residents in the Lingan Street and “The Aves.“ neighborhoods, preventing them from enjoying their homes and destroying the narrow neighborhood roads. “They have been subject to a parade of trucks carrying sand mined outside the law, disturbing the peace and quiet enjoyment of their property,” Gillespie’s opening remarks continued.
Saying that the Right to Farm does not nullify other rights under the Constitution, “It is not without limit.” Gillespie quoted from Article 97 from the Massachusetts Constitution which reads, “The people shall have the right to clean air and water, freedom from excessive and unnecessary noise, and the natural, scenic, historic, and esthetic qualities of their environment; and the protection of the people in their right to the conservation, development and utilization of the agricultural, mineral, forest, water, air, and other natural resources is hereby declared to be a public purpose.”
Gillespie cited several violations of law in the 250 Lingan Street operation, including Chapter 144-1 of the Town of Halifax By-laws, relating to earth removal. No permit exists, and yet a significant portion of one of the largest hills in Halifax, the Whaleback glacial ridge, has been removed by the defendants, in violation of the town’s own by-laws. The hill, Gillespie maintains, has been documented as a site of Native archaeological significance and destroying it threatens the cultural heritage of both the Wampanoag people and the Commonwealth of Massachusetts. The Whaleback hill is a glacial esker of sand in Monponsett Pond high enough to break the surface of the water. It serves as a filter to clean the water of Monponsett Pond that is used as an additional water supply for the city of Brockton. As the 250 Lingan Street operation takes the esker down, trucks it out over neighborhood roads that are merely 20 feet wide, in fully loaded 18-wheel vehicles weighing some 80,000 pounds, as many as 50 times a day, the area residents are suffering disruption in their own household water.
Gillespie said that the Town of Halifax has not helped at all in curtailing the sand mining activities at 250 Lingan St. Selectmen, he maintains, have issued only one earth removal license to 250 Lingan St and that was in 2016, for only 50,000 cubic yards.
Fourteen plaintiffs joined in their action against Morse Bros., LLC, RYCO Excavating, Inc., RYCO Lease and Repair, Inc., and Oiva Hannula & Sons, Inc., claiming that they have evidence of improper sand mining, referencing the earth removal application that was withdrawn on August 2, 2022 after considerable push-back from the community. Sand removal at the location continued. The plaintiffs claim that the area mined is a MassDEP approved DIV II Wellhead protection area subject to a number of protections. Also, there are no current monitoring wells at the 250 Lingan St. site as required by law. Plaintiffs also state in their complaint that defendants are actively transporting unchecked material to the site, potentially contaminated iron and manganese bottom scrapings from their Middleborough lowland bogs as well as other chemicals, metals, and possible pathogens.
Plaintiffs seek an injunction barring the Defendants from proceeding with further projects on the Site until a determination is made. In addition, the Plaintiffs ask the court to
• declare the Defendants to be engaging in Earth Removal without a permit.
• order soil samples to be tested for elevated chemicals, metals, and pathogens immediately at the Defendants’ expense
• permanently enjoin and restrain the defendant from removal of earth or any other activities on the site until all permitting and investigations are complete.
• such other and further relief as the Court deems just and proper.
Responding to the allegations, Brendan Moquin, Controller of Morse Brothers, Inc., explained that Morse Brothers has been growing cranberries at that location for approximately 46 years, and in Massachusetts for more than 60 years. Stating the specific need of cranberry cultivation is a loamy soil confinement base, topped with 6-8 inches of sand. The sand layer, he explained in his affidavit, aids in water flow and retention, crop growth, and reducing the depletion of organic soils beneath. By applying sand, growers can reduce the demand for pesticides, herbicides, and fertilizers, as well as maintain the longevity of the bog. This is best practices for cranberry bog management as detailed by the Natural Resource Conservation Services (NCRS) among others.
Moquin maintains that Morse Brothers prepares and updates a Farm Conservation Plan that documents Morse Brothers’ compliance with NCRS recommended standards.
Morse Bros has a vested interest in the water quality of Monponsett Pond as it uses that water to irrigate their bogs, Moquin continued, and enforces the drinking water protection program in accordance with the Federal Safe Drinking Water Act and various Massachusetts statutes.
Moquin stated in his affidavit that an earth removal permit was not required because the Halifax bog renovation was for cranberry growing, and is subject to various applicable state agricultural exemptions. Nonetheless, he said, Morse Bros. submitted an application in order to engage the town and address any concerns regarding the work. The response by a group of residents, some of whom are the plaintiffs, was “swift and hostile.” Morse Brothers withdrew the application, and, according to Moquin’s affidavit, has never engaged in and is not engaging in any of the work that was the subject of the 2022 earth removal permit, and turned its attention to upgrading two of is other smaller bogs in Middleborough and Hanson.
The Morse Bros Middleborough property received a USDA grant to upgrade a 5-acre bog, and part of the work entailed applying fresh sand that was removed from the Halifax property. The 24 acre Hanson bogs also benefitted from the Halifax excavations. Moquin stated that all of those renovations have conformed to and have applied best management practices.
Moquin continued that the Halifax Board of Selectmen, John Bruno, Chairman, continued to field concerns from residents, largely regarding truck traffic, resulting in a site inspection with Moquin, two members of the Halifax Conservattion Commission and the Town of Halifax Health Dept., the Halifax Water Dept., and others. Mr. Bruno reported that he saw no interaction between Morse Brothers’ operations and the Town’s drinking water and further reported that Mores Brothers is not engaged in any earth removal or any operations in violation of Town ordinance or other laws. Moquin submitted a video recording of that selectmen’s hearing.
Moquin asserted that in connection with the renovation projects, no soil, sand, gravel, manure, or similar material has been brought onto the Halifax property. He furthered that an injunction prohibiting Morse Bros. from conducting activities on its properties would be “catastrophic” to its business, that produces approximately 18.200 barrels of cranberries a year, approximately $820,000 in revenue that would be lost during the pendency of the case, as well as satisfying other management contracts.
Moquin continued that leaving the cranberry bogs without proper maintenance would injure their productive yield. “Bogs require constant maintenance to remain productive,” … Halting the sand transported from the Lingan Street location would cause injury to bogs in other locations.
Judge Brian Glenny took the matter under advisement and we will wait to hear his verdict.