James Bentley

Express correspondent

Monday January 9, 2017, Plympton’s Board of Selectmen met in executive session prior to their regular meeting due to continuing litigation discussions regarding Rocky Harvest, LLC. Several Brook Street neighbors and abutters were given a brief five minute update on what matters could be discussed in open meeting.

Once the open session began, the board turned its attention to Library Director Deb Batson, who introduced Andrew Adams, a member of Plympton’s Boy Scout Troop 53, as he proposed his Eagle Scout project to the Board.

His proposal is building bicycle racks for the Plympton Town Library. These however are not ordinary bike racks. Adams said, “They are removable for plowing in the winter.” He also presented drawn schematics for the board to look at.

The racks will be built out of two to three inch metal tubing and will be painted. Andrew is going to be getting help from his dad and uncle as well.

Adams said, “My dad is a metal worker, so he is going to help me with the metal work and my uncle is a mason, so he is going to help me get the cement.”

The board asked Andrew when he wanted to started his project and where outside the library he was planning on building the bike racks. Andrew said that he wanted to start in the spring. His plan for a location is in front of the library next to the delivery box.

Selectmen Chair Collen Thompson asked, “Would it make any sense it put it out back by the patio?” Andrew said that it could, but he was thinking of having it visible to the street.

As a whole, the board was happy with the work Andrew planned. Selectwoman Christine Joy told Andrew, “Great project. I can’t wait to see it when it’s done.”

Selectmen next turned a significant amount of the meeting’s attention to recent changes to the state’s public records laws.

In July of 2016, Governor Charlie Baker signed Chapter 121 of the Acts of 2016, “An Act to Improve Public Records,” which became law on January 1, 2017.

The bill sought to improve access to public records by requiring towns and cities to have an electronic system in place where public records can be requested and sent out via a public records officer. The public records officer has ten days to produce the requested material or to give an answer why they cannot be produced within the timeframe and to give an estimate of when the records can be made available.

Currently, Town Clerk Tara Shaw is overseeing the implementation of these new laws. She has begun a lot of the groundwork and has already launched the town’s electronic public records request system.

Shaw presented a walkthrough of the request system to the Board of Selectmen, showing them that she put a link to it right on Plympton’s homepage labeled “Public Records Laws and Info” under the “Town Resources” section.

Shaw explained that the process was complex and setting this up took a lot of time. She says, “I’ve been to four public records conferences, and they just keep adding details every time.

Shaw also pointed out that a new position is likely needed  for Plympton to fully comply with the new state laws. This adds a lot of responsibility outside the typical tasks of the town clerk.

She acknowledged that there really isn’t enough in this year’s budget for even a part time position. There may be a line item in the FY18 budget, but that remains to be determined.

For now, the board and Shaw focused on finding ways to make sure all town departments and committees are in compliance with the new laws. In order, to comply with the strict time limit the new public records laws dictate, Tara said that every department and committee needs a head contact person and phone number where they can be reached. She needs to be able to contact departments within 24 hours.

Traynor suggested holding a meeting with the head of all the departments to make sure this happens. Tara Shaw and the board will be setting that up shortly.

Other major topics discussed at the Board of Selectmen’s meeting included discussing the upcoming bylaw review meeting, the coming installation of panic buttons throughout the Plympton Town House, and a change the “Meet with a Selectman” time from every Tuesday night from 6 p.m. to 8 p.m. to by appointment.  Not many people were coming to the regular office hours according to John Traynor, “Tuesdays are not working.”

New By-Law Review

Committee will meet

The town’s first Bylaw Review Committee meeting will take place Thursday, Jan. 19, at 6 p.m.  Selectmen Chair Colleen Thompson says, “It’ll (the groups) be split into municipal and zoning to give people a say on how they want to approach it.”

The board will appoint ten committee members and is considering ways to divide the group. A suggestion from Thompson was to split it evenly with five for municipal and five for zoning. This is still being discussed.

The board ended the meeting by changing their regular Tuesday office hours to appointment based office hours.

There will be no Selectmen’s meeting next week because of Martin Luther King Day. The next meeting will be on Monday, January 23, 2017.

Brook Street, Plympton, residents, abutters to the Rocky Harvest LLC, met with selectmen on Thursday, Dec. 29, requesting an update on the status of the lawsuit between the town of Plympton and Rocky Harvest.

Selectmen had posted an executive session for Thursday, in order to discuss pending litigation and Donna Hanna and Jane Devlin, with other neighbors and abutters who have been affected by the continual tanker truck traffic, stopped by the Town House to meet with selectmen before their executive session.

The group has sought relief from the noise and dust generated by the heavy tanker truck traffic and asked selectmen and Town Counsel Ilana Quirk from Koppelman and Paige law firm what is the status of the lawsuit.

Donna Hanna told selectmen, “You said it would be about six months before the judge would make his decision – and that was about six months ago.”

Town Counsel Quirk responded that the ruling had been made and Judge Robert C. Cosgrove, Justice of the Superior Court, ruled against the town in a decision last July.  Selectman Christine Joy told Devlin and Hanna she had emailed copies of the ruling months ago, but neither had received the judgment.

In his ruling, Justice Cosgrove stated that Rocky Harvest , LLC, is a “successor in interest” and is allowed to retain its water extraction business off Brook Street and benefit from a Chapter 61A tax classification that will give a greatly reduced tax assessment under farming status.

The Town of Plympton argued that because the original 249 acre parcel of land including fish farm and cranberry bogs has been split several times, leaving  only an 11.927 acre lot with pump house for water extraction, that this use does not qualify as an “agricultural” use, and therefore should not be allowed a Chapter 61A tax classification.  The judgment stated that even though the various parcels have different owners, the restriction against development maintains enough of a similar nature that the agricultural classification would be allowed.

In January 2010, Selectmen received verbal complaints from abutters claiming that Rocky Harvest was violating conditions 6 and 7 of the agreement for judgment that limited the hours of operation of the water extraction business to between 7 a.m. and 7 p.m. on weekdays, and 10 a.m. to 4 p.m. on Saturday.  Tanker truck traffic was prohibited on Sundays and ten Federal holidays.

Freitas letter allowing Sunday trucks upheld

Selectmen investigated the complaint and in doing so were made aware of a letter from then Selectman Joseph Freitas on Board of Selectmen letterhead stating Rocky Harvest could increase its hours of operation to include Sundays and holidays.  Freitas did not obtain a vote of the Board of Selectmen or the consent of the Zoning Board of Appeals before sending the letter.  Selectmen made Rocky Harvest aware that the letter was not supported by a vote of the board and was therefore not valid.

Count III of the March 19, 2014 Rocky Harvest answer and counterclaim against Plympton, asserts that Rocky Harvest is entitled to enforce the October 23, 2008 letter from Freitas, allowing tanker truck traffic seven days a week without limit.

Selectmen told the frustrated abutters that they might have to seek their own legal counsel to represent their interests, but that Plympton is still pursuing its remedies.

James Bentley

Express correspondent

Plympton Selectmen heard a proposal from David DeBaie, Senior Traffic Engineer from Stantec Consulting at their meeting on Monday, December 19, 2016.

The Massachusetts Department of Transportation (MassDOT) hired Stantec for a road improvement project which will include the towns of Plympton, Middleboro, and Rochester.

DeBaie presented details for a plan designed to reduce the number of traffic accidents. DeBaie told the board, “MassDOT is looking at reducing the number of crashes on rural roadways.”

Stantec’s plan spans across 9.5 miles of road in Plympton, which includes all of Main Street. Parts of Center Street, Palmer Road, Parsonage Road, County Road, and Mayflower Road would also be impacted by the proposal.

Board Chairperson Colleen Thompson asked, “Just to clarify, this is free for the town?” David Dubai assured the plan including both the cost and the labor are free for the town.  Plympton’s Highway Superintendent James Mulcahy told the Express that the project amounts to about a $200,000 grant.

Board member, Christine Joy showed excitement for the town not having to fund any part of the project. “Christmas comes early!” Joy exclaimed.

DeBaie explained basic details of the proposed improvements. They include three main strategies for reducing the number of car accidents. One of the strategies discussed was to simply add more warning and regulatory signs to Plympton’s rural roads. More speed limit signs was a suggestion.

Another improvement that DeBaie discussed was to increase the amount of pavement markings on roads.

This does not just include yellow center lines. A heavy emphasis was placed on edge lines. DeBaie told the board, “Studies show that edge lines are effective in being able to reduce crashes.”

The last major improvement emphasized was the need to replace outer concrete post with guard rails. DeBaie said that the concrete posts are, “Reasonably effective in terms of showing where there is a problem, but in MassDOT’s eyes, they represent a bit of a hazard, so those are being replaced.”

After DeBaie presented the road improvements for the town, the Board asked some questions. Selectman John Traynor was curious to know how much the town’s highway department would be involved in the process. He said, “How do we enter into this?”  In other words, Traynor asked, how much input Plympton’s Highway Surveyor James Mulcahy would have. 

DeBaie answered that they had tried very hard to come up with something they have confidence Jim would agree on.  DeBaie has been working with Plympton’s Highway Superintendent for several months, however, he did acknowledge that the MassDOT and local highway department “scenes” do operate differently.

The project, about 25% completed, is still in the planning phase and needs to go through MassDOT’s process of submittal, and resubmittal. The final plan is expected to be submitted in late April and the work completed by fall of 2017.

Halifax selectmen met Tuesday night with a dozen citizens who want something done about the abandoned and run down houses in town.

Town Administrator Charlie Seelig told the board that in response to several inquiries and reports of problems, especially in the former cottage area of West Monponsett pond, there is little that the town can do with these half dozen or so properties that have been abandoned.

Seelig told selectmen and the citizens that the Treasurer/Collector has identified those properties whose real estate taxes have not been paid, and has begun foreclosure on them.  What the town will do with the properties, once the foreclosure for taxes due has been accomplished, remains to be seen. 

The citizens are concerned not only for the attractive nuisance of the properties, the fire hazard, and the potential for rodent infestation, they are also concerned that the falling down houses are bringing down the property values of their homes.

One resident noted that he has owned his home for six years, and his valuation is less than when he bought it, due to the several rundown abandoned properties in his neighborhood.  But his real estate taxes continued to go up, he said.  Residents said they want something done to protect their neighborhoods from further decay due to the abandoned homes blight.

Seelig said that there are two situations in the mix right now – those houses that have been deserted and are run down and the real estate taxes have not been paid, and those houses that are run down with no one living in them but the taxes are paid.

For those whose taxes are not paid, town foreclosure is the answer, then what to do once the town takes possession of these parcels is unsure.  Seelig said that he could not see town meeting voting the funds to tear down the houses, take out the oil tanks and the foundations, only to be left with a non-conforming lot that could not be built on and is of value only to an abutter to increase the size of their lot. 

As an immediate fix of the problem of a house open to the elements, Seelig told the group that any citizen could report an open building and selectmen could ask the finance committee for an immediate appropriation to board up the house to prevent people and animals from entering it.  Other than that, there is nothing in the by-laws to deal with abandoned homes.

For those properties whose taxes are paid but the premises are left in disrepair, the town could, with a new by-law, fine a property owner until he brings the property up to code.  Seelig said that he would seek out selectmen’s wishes on the matter, to write a new by-law, which would need a 2/3 majority vote to pass.  Seelig also told the group that they themselves could submit a bylaw for annual town meeting approval in May with a 10-taxpayer petition submitted to selectmen before the deadline for such submissions sometime in April.  In the event that the citizens would like to have their article put on a special town meeting warrant, it would take 100 signatures to have their by-law included on the warrant.

Properties that are derelict and run down, but not abandoned, may rebuild, Selectman Tom Millias told the group; they can request a variance from the Zoning Board of Appeals.  Millias, a former building inspector for the Town of Halifax, explained that once a building is declared abandoned, it can no longer qualify for “grandfathering” in a new building permit on a non-conforming lot.

Selectmen assured the group that they have heard the concerns and are sympathetic with them, and will work to find a solution to the problem.

Seelig said he has researched the 351 cities and towns to see if any have a bylaw dealing with keeping buildings and grounds to a certain minimal level, and did not find any.  Even if the town does enact a by-law, who makes the decision?  Is it appealable? 

And, selectmen noted, even if a by-law is enacted, it takes time for the process to unfold.   Brockton and Longmeadow have each received substantial grant monies to help with the abandoned homes and Seelig said he would watch for such grants to see what help is available.