PLYMPTON– Wednesday evening, after selectmen grilled two finalists, Stephen G. Silva, of Pope’s Farm, was chosen the next Plympton Fire Chief, subject to successful contract negotiations.

Silva bested Wareham Assistant Fire Chief John G. Kelley, of Wareham, for the appointment.

Silva has more than 40 years experience in fire and EMS services. He is currently a Lieutenant Firefighter/Paramedic “shift-commander” at the Middleboro Fire Department, where he has worked since 2002.

His resumé is, in his own words, unusual, and it is extensive. He has business experience as well as firefighting and paramedic experience. His varied past includes founding the second largest ambulance service in the City of Brockton, Exodus Medical Transportation, and working as a flight paramedic.

Silva is an adjunct faculty member at Massasoit Community College, and works on tactical rescue teams as well.

He comes highly recommended by the fire chiefs of Whitman (who is the president of the Fire Chiefs Association of Massachusetts), Duxbury, the retired chief of Middleboro, the retired chief of Kingston, and the deputy chief of Hanson, among other fire officials.

Silva spoke easily as he answered questions from the board.  He would not address the history of the troubled department, which he said had been discussed, “ad nauseum.”

He spoke of the sense of community in Plympton, and said, “I want to be a part of that and I want to lead that.”

Selectmen Chairman John Traynor asked him, “Should we continue to rely on call firefighters?”

Silva responded, “The setup is now working…I think we’re in really good shape.”

He also had a strong opinion on whether or not all call firefighters should be EMTs. “Not everyone wants to do medical,” and retaining employees, especially call firefighters, is a challenge.

He said he did not have much experience with municipal budgets, an admitted weakness, but said, “I have experience with budgets,” citing his private-sector experience.

Selectman Mark Russo asked, “What frustrates you?”

“Complaints without solutions frustrate me, but they can be a useable tool,” said Silva.

Selectman Christine Joy wanted to know how Silva would rebuild other towns’ confidence in mutual-aid from Plympton.

“That’s a very challenging job,” he said. But he mentioned that he had the support of the local chiefs around him. He also pointed out that they would help him with grant-opportunities, which he does not have much experience in.

The interview process was weeks long and exhaustive. More than a dozen candidates were narrowed down to these two. There were practical and exam portions of the interview.

Kelley also had a well-rounded background, in both the public and private sector. The board did not give a reason for their selection when they came out of their executive session to make the announcement.

The Plympton Fire Department has been under scrutiny for several years.

A document prepared by an outside analyst, the MRI report, described “a department in crisis.” The last fire chief of any significant tenure, Warren Borsari, did not have his contract renewed and was put on administrative leave last March.

Last May, acting chief Philip Curran was, “separated from employment with the town.”  There has been an unusual amount of turnover in the department.

Captain Cheryl Davis and Captain John Sjostedt lead the Fire Department on a day-to-day basis under the leadership of Chief Lance Benjamino of the Middleboro Fire Department, who says he will remain in place until Silva is sworn-in.

Elizabeth Dennehy, Town Administrator, said the negotiation phase of the hiring should take a few weeks.

“If I am chief this will be a well-run department…a fun and professional place to work,” Silva said. Should all go well with contract negotiations, it looks like he’ll be chief. “This is the culmination of a career,” he said.

PLYMOUTH– First, the defense attorney representing Justin Kilburn, 29, of Kingston, was on trial in Salem. Next, he was scheduled to be out of the country, and now, said a court worker, attorney Jack Atwood was stuck in traffic and did not appear for the third time for a scheduled pre-trial hearing in a motor vehicle homicide case.

Kilburn stands accused of motor vehicle homicide, manslaughter by motor vehicle and OUI second offense. Kilburn killed Diane Giordani, of Plympton, and her dog Blitz, in a head-on collision on Route 106 in Plympton May 10, 2018, said Plymouth County District Attorney Timothy Cruz.

Kilburn pled not guilty to the charges.

He remains free on $50,000 bail.

Kilburn is now scheduled to appear Oct. 19, 2018 in Plymouth Superior Court at 2 p.m. before Judge Jeffrey Locke

The Halifax Board of Selectmen had a full house on Tuesday as residents came in to discuss the possibility of adding stop signs to the intersection at Laurel Street and Circuit Street.

Given the expert advice of Highway Surveyor Steven Hayward and Old Colony Planning Council Senior Transportation Planner Ray Guarino, Halifax would not legally be allowed to put a four-way stop at the intersection because there isn’t enough traffic to warrant it.  Selectmen voted to make a two-way stop sign instead.

A few residents in attendance said that the speed drivers travel on the roads is a problem. Some residents wanted the stop signs to curb the speed while others want a speed limit sign set at 25 miles-per-hour.

According to Hayward, guidelines set by the state and the Old Colony Planning Council require a certain amount of traffic before a four-way stop is allowed. “You are not supposed to use stop signs for speed control,” said Hayward.

Guarino said the Old Colony Planning Council would do a traffic count at no charge to verify the vehicle count for traffic on the two streets, but any action  for a four-way stop would require an engineering study. According to Guarino, that would cost at least a couple thousand dollars.

Most residents were okay with a compromise of having a two-way stop except for one resident who maintained that a four-way stop is necessary.

“There’s no definite right of way there. It’s a free for all,” Galvin said.

Galvin also questioned why the stop signs at the end of the streets that intersect with Route 106 were needed before this. He said that anyone who lives at Laurel Street and Circuit Street knows to stop before getting on to Route 106. Resident Sharon Smith also asked about the signs at 106.

Selectmen Chair Kim Roy said those signs were a priority because they intersect with a major road.

Hayward also brought up potentially having yield signs rather than stop signs. He said that if the town put up a stop sign on a road its not necessarily warranted, everyone is going to be asking for one.

Selectman Troy Garron said it’s the Board of Selectmen’s job to be proactive with this. Although Guarino looked up accident records and could only recall one accident which was single-car, the Board and some residents said they are lucky a major accident hasn’t happened at the intersection.”

“I think the suggestion to put up stop signs is  good,” Garron said. He later added, “it’s worth it if it saves one life.”

Elementary School
Doors Don’t Fit

The rear-facing doors ordered for Halifax Elementary School are the wrong dimensions. In total, fifteen doors were ordered, but are too small.

According to Selectmen, the contractor failed to account for hinges in the initial measurements.

A sample door is being ordered to test the fit, then the contractor will replace the rest of the incorrect doors.

Dog Hearing soon

A dog hearing is scheduled for the September 25 Board of Selectmen meeting. The Board said a dog killed another dog.

Other News

• The Board of Selectmen approved the boy scouts using the town green for a food drive on November 10.

• The tax classification hearing resulted in no open space tax discount or residential exemption for a second home. Principal Assessor Holly Merry said there are not enough people who own second homes in Halifax to justify it.

The next meeting of the Board of Selectmen is September 25. Open session begins at 7:30 p.m.

By Tracy F. Seelye
and James Bentley
Express staff

Proclaiming it “our moment” and staking out the theme that U.S. Sen. Elizabeth Warren “has let us down,” state Rep. Geoffrey Diehl greeted supporters at the Whitman VFW Tuesday night to bask in his Republican primary win.

His margin of victory was 54.8 percent of the vote compared to 27 percent for John Kingston and 18.1 percent for Beth Lindstrom.

“While Warren has spent the last six years building a national political profile for herself, I’ve been fighting for you, and most importantly, listening to you,” Diehl said after greeting supporters with hugs as the song “This is My House,” by Flo Rida.

He is casting Warren as an out-of-touch person using Massachusetts as a stepping-stone while ignoring the benefit of the GOP tax cut, the need for immigration control and support for law enforcement, and failing her constituents on the opioid crisis.

“I will make the fight against opioid addiction a priority,” Diehl said. “We’re losing about 2,000 people to opioid-related overdoses here in Massachusetts each year. What has Senator Warren done about it? Nothing.”

He also took the opportunity to again underscore that the ballot initiative he backed to repeal automatic gas tax hikes a few years ago has saved Massachusetts residents $2 billion. In Whitman, his hometown, voters gave Diehl 1,361, according to unofficial tallies at the close of polls with Kingston receiving 76 and Lindstrom 65 of the 25.3 percent of 10,684 registered voters casting ballots. In Hanson, with 21 percent of the town’s voters casting ballots, Diehl had 789 votes to 107 for Kingston and 57 for Lindstrom.

HALIFAX– On Monday, Aug. 27, 2018, the Halifax Elementary School Committee met for a walk-through of the elementary school, as part of their scheduled meeting. Although many teachers were moving into their classrooms, the school was still an active construction zone just hours before school began for the year.

Workers were focusing on the gym Monday, which was closed, so the committee toured the rest of the building. The school was hot and stuffy throughout the tour.

Although there were many signs of progress, and the administration was upbeat, the building was unfinished in many ways. A bathroom in the Pilgrim Area Collaborative classroom was not complete at all; a few windows were boarded up and not weatherized– which a town official noted was caused by the construction company ordering the wrong panels; trim is unfinished; and siding is still missing on the outside of the building. Beaudry, speaking in the library, said to the committee that there is one lone siding installer who has largely completed that work himself.

But, most classroom renovations are completed, and administrators, teachers and custodians are working with the construction workers to have the building in the best shape possible for the first day of school, stated Beaudry at the meeting following the walk-through.

“210 windows have been replaced,” said Principal Beaudry. “You can quote him on that,” added Superintendent of Schools Joy Blackwood. “The windows on the South side of the building are tinted to prevent glare,” added Beaudry. “It’s coming along…the windows look great!”

When asked whether the project was delayed, Blackwood said, “The goal of the project was significant completion [before the start of school].” She added that most of the work that was left uncompleted was detail work. Beaudry later estimated the work was 90 percent complete, to be finished shortly.

Committee members and administrators saw new windows along the front of the school first, where ladders were still propped on the outside of the building from painting that had been happening earlier in the day. From the inside, members of the committee noted that the temperature would be much more stable than before, in all seasons.

The art and music rooms appeared ready for the first day of school, minus blinds for the windows. Blinds throughout the building are missing but have been ordered, according to Assistant Superintendent Jill Proulx, and will be installed shortly. Other items are backordered, including doors, which Beaudry said would be installed after hours.

The cafeteria sports new windows and new grey flooring, replacing linoleum tiles. School officials are hoping the floor holds up better than the tiles, and if it does, may consider using it in other parts of the school.

New small fans have been added to a two-floor hallway in the fourth, fifth and sixth grade wing of the school, to help circulate the air, according to Beaudry. During the walk-through, the fans kept the hallway cooler than many of the classrooms in the building.

Substantial improvements have been made to HES recently, this being the second of a three-phase summer program to address issues with the school’s roof, windows and fire suppression system, paid through grants from the Massachusetts Building School Authority for the first two phases and the Town of Halifax for the third, said Blackwood.

“They’re coming whether the building is finished or not,” said Beaudry of the students. School started just two days following the tour.

HALIFAX – Article 1 of the Halifax Special Town Meeting asked residents to allow the town to borrow an additional $1.5 million for repairs, renovations, and an expansion of Pope’s Tavern, the Halifax Senior Center.

These additional costs failed to gain two-thirds of the necessary town meeting support, so the article failed. There were strong opinions on both sides.

Linda Laskey, who has lived in Halifax for 42 years said, “We have a ramp but that’s not enough. I can’t even open the door myself.”

She said most handicapped buildings have a door that will open for them. She can’t do quilting upstairs because she can’t climb stairs.

Resident Amy Troupe wanted to know why the architect didn’t make the project within the budget and why did we not tell him to stay in budget.

Roy explained that there’s a bidding process in place and that is limited by the laws of the state when it comes to public building projects.

Another concerned resident asked for an Australian ballot, a written ballot rather than a standing vote or a voice vote due to the sensitivity of the issue. This was not granted.

The entire project was originally estimated at $1.7 million. According to Selectmen Chair Kim Roy, the architect said that amount would work. He completed construction drawings and then ran estimates on the drawings.

Estimated costs increased so much that the Board was shocked.  There was an option to cut, but the project according to the Board of Selectmen was supposed to be drafted in a conservative way. According to Roy, to spend $2 million and still have a senior center with poor roofing, electrical issues, etc. doesn’t make sense.

Selectmen said they were told by the architect that the reason for the drastic price increase was the economic conditions. Selectman Thomas Millias said the materials went up in cost about 25 to 30 percent in the last five months.

He anticipates those costs going up. “Today is the least expensive this project is going to cost us,” Millias said.

Because the project involved borrowing money it required a two-thirds vote instead of a majority. The two-thirds failed on standing vote getting 103 of the 127 required votes.

Raise for Fire Chief Approved

Article 9 asked to raise Fire Chief Jason Viveiros salary from $110,000 to $119,000.  There is also a scheduled raise to $125,000 in fiscal year 2020. The article was approved by majority on a vote of 144-47.

Despite the large majority, there was a lot of heated procedural debate prior to the vote. Because seven people moved for a motion on an Australian-style secret ballot, a vote on whether or not to have a secret written ballot needed to occur before voting for the fire chief’s raise.

The Australian ballot was defeated with 65 people voting for it and 136 voting against it.

According to Roy, giving Viveiros a raise is an investment in the town. She said Viveiros improved response times by more than a minute without increasing taxes for residents. Roy added that Viveiros is an excellent grant writer and said the town has received more fire department related grants than before he was fire chief.

According to Roy, Viveiros is currently the lowest paid Fire Chief in Plymouth County. One resident said, “We can’t compare ourselves to certain towns in Plymouth County…The chief knew that when he came in.”

Speaking as a resident and university professor, Finance Committee Chair Melinda Tarsi gave her support to Viveiros. She said, “I don’t recommend my students intern with anyone, but I recommend many of my best students to him.”

Raise for Town Administrator  Passed Over

Article 10, which would have raised Town Administrator Charles Seelig’s salary from $95,434 to $110,000 was passed over with a two-thirds vote.

This raise would not raise Seelig to the average of the ten towns Halifax uses as benchmarks, but would bring him closer to the average of $125,360.

There was once again, heated debate on both sides of the issue. Roy spent a significant amount of time praising Seelig for his 22 years as town administrator.

“Charlie Seelig has become the heart of this community, but I should really say he’s the brain,” Roy said.

Roy added that Seelig needs to be an expert on a “vast” number of things. She said he has an unprecedented knowledge on town laws, grants, and countless other things. “Charlie does all of this in a humble and kind demeanor,” Roy said.

School Committee member and Former Finance Committee Member Gordon Andrews said that this vote is about more than adjusting an amount.

“It’s not about adjusting the amount, it’s about doing it mid-year when not looking at the budget…I think it’s wrong,” Andrews said.

Resident Marie Coady wanted this passed over as well because a Wage and Personnel study will be completed in the spring in time for Annual Town Meeting.

Troupe who was against the raise said, “I think that there needs to be a balance in the town.” She wanted a secret vote to protect identities because she’s afraid of people being ridiculed.

She said, “There’s budgets in every single household…We aren’t getting raises, we’re working doubles seven days a week…I haven’t had a vacation in 4 years.”

Roy said she respects people who may not be able to afford this, but said we are volunteers as well and we don’t benefit by raising taxes.

“If Charlie Seelig ever left, we’d be looking for someone qualified and we’d want to be competitive,” Roy said.

Town-wide Speed Limits Fail

Article 8 would have petitioned general courts to allow Halifax to set a 30 miles-per-hour town-wide speed limit. There would be areas with higher speed limits, but if approved, anything not marked would be 30 miles-per-hour.

“I understand some people might think this is overly restrictive,” Seelig said. However, Seelig said he sees a lot of complaints about speed on Facebook.

According to Seelig, without commissioning a study that automatically sets an area’s speed limit at the 85th fastest out of 100, the only thing allowed is a town-wide speed limit.

Article 8 failed by majority.

Regional Dispatch Center Will Continue After Appropriation

Article 3 was for the appropriation of $20,000 to go towards paying for the regional emergency dispatch service at the Regional Old Colony Communications Center in Duxbury.

Previously, that $20,000 was paid for with a grant, but the grant was a startup grant for regional services, so Halifax no longer qualifies. Roy said the Board of Selectmen didn’t find out about the grant’s expiration until after Annual Town Meeting otherwise, it would have been brought forward as a warrant article then.

Some residents wanted to know if the dispatch service could be brought back to town questioning the speed in which calls are answered. Roy and Viveiros said this was the first they’ve heard of these issues and urged those with concerns to talk about them.

Viveiros said response times have improved. He added the dispatchers are talking to people longer because R.O.C.C. has the resources to do that. “We didn’t have the resources to handle that effectively,” Viveiros said.

Article 3 passed unanimously.

Do We Have a Quorum?

Article 11 was a vote to increase fees in the schedule for the Department of Weights and Measures. Selectman Troy Garron voiced his support. He said, “it’s revenue going back to the town.

The vote passed by majority, but not without procedural interference first.  This vote occurred directly after the vote for the senior center renovations failed, so many people left. One resident questioned if the meeting still had a quorum. After a count to check, it was confirmed the meeting still had a quorum of at least 100 people.

Other Articles

• Article 6 was approved unanimously. It asked for a transfer of available funds, $202.90 from the Commonwealth Transportation Infrastructure Fund. Roy said doing so authorizes the town to collect its portion of fees from services like Uber.

•Article 12 asked for a transfer of $4,750 from Water Department revenues to repair the HVAC unit at the recycling center and the heating unit in the water department section of the town barn. The article passed by majority.

•Article 4 was passed over unanimously. It asked for the appropriation of funds to relocate the computer room in the Town Hall from the first floor to the basement.

•Article 2 passed by majority. The article appropriates an additional $27,000 to outsource ambulance billing. According to Viveiros, outsourcing will increase revenue for the fire department.

•Residents voted unanimously to pass over Article 7. The article would have raised and appropriated funds to replace the “rules sign” at Wheels Park.

•Article 5 asked for a stabilization fund transfer of $35,000 to pay for a new handicapped access ramp at the Town Hall. Selectman Thomas Millias said there was an incident where the rail failed. After speaking with the building inspector, he said this might be able to be put off until next year, but there would be a liability risk if something were to happen. Article 5 passed with the required two-thirds vote.

Plympton Health Agent Robert C. Tinkham, Jr., of Carver, and two other defendants are being sued by the Carver, Marion, and Wareham Regional Refuse Disposal District for fraud, embezzlement and conspiracy, among several other complaints.

The lawsuit alleges the misconduct occurred during Tinkham’s tenure as Carver’s liaison to, and chairman of the committee that oversees the district, while working as the Carver Health Agent.

The one-time Fairhaven physical education teacher and public health professional denies the allegations.

The lawsuit, filed in Plymouth Superior Court June 22, 2018, alleges that Tinkham, along with co-defendants Ray E. Pickles, who is the elected Marion town clerk and the Town of Gosnold town administrator, and his wife, Diane Bondi-Pickles, a licensed real estate agent, conspired to defraud the CMWRRDD, established in 1973, of $838,458.22 over a five-year period (some court documents alternately refer to an eight-year period).

Tinkham is accused personally of converting $262,000 of public funds for personal use.

The misconduct is alleged to have been committed through payments made from the CMWRRDD to corporations controlled by the defendants, Moss Hollow Management Corp., a mainly one-person consultancy firm owned by Pickles and Bondi-Pickles, and 33-35 Wareham LLC, under the control of Tinkham and his wife.

The lawsuit states that the mishandling of the district’s money was discovered in 2017 after Pickles, at the time the chairman of the committee overseeing the CMWRRDD, demanded assessments be paid to the waste district from the three member towns for the first time since 2015.

When Carver and Wareham refused to pay their dues because of a lack of proper documentation and the surprise bills, Pickles sued for breach of contract. This prompted an estimated $25,000 forensic audit by the three towns in the waste district into the CMWRRDD’s finances, which is still ongoing and can be used in court as evidence. Unlike a usual audit, a forensic audit examines every transaction of the waste district.

That investigation revealed the extent of the conspiracy to include Pickles; Pickles’ wife, Bondi-Pickles; and Tinkham.

Pickles was fired Jan. 29, 2018, from the waste district.

Tinkham retired from the Town of Carver July 1, 2016, but is an hourly employee of the Town of Plympton, making $39.21 per hour per inspection, according to public records and the Treasurer/Collector’s Office.

He was hired by the Plympton Board of Health as health agent at a meeting January 9, 2018.

A health agent is generally responsible for, among other duties, Title V septic inspections, septic plan approvals, percolation tests, food inspections, housing inspections, landfill inspections and other permits.

Tinkham lists managing the yearly budget as part of his duties as health agent in Carver and at his former job at the CMWRRDD.

Tinkham is also the current Title V inspector in Plymouth, according to his resume and the Town of Plymouth. He obtained that job after retiring from Carver.

He receives a $2,124.88 monthly pension from the Plymouth County Retirement Board and had about $20,000 in checking and savings accounts at Mutual Bank according to court filings in June. An affidavit states that he has no bank accounts outside of Massachusetts. He claims his corporation owns a campground with a parcel of property worth approximately $2,000,000.

Tinkham is seeking to have the suit dismissed. He is being represented by Attorney John Fink of Brockton, according to the docket. Pickles and Bondi-Pickles are seeking to move forward with a jury trial, according to filings.

The CMWRRDD is seeking triple-damages, interest, costs and lawyers’ fees. Assets of these three defendants were originally frozen by court order pending the outcome of the lawsuit, although the defendants successfully argued for access to their bank accounts and pensions.

The Plymouth County Retirement Board, Eastern Bank and Mutual Bank were all named as “reach and apply” defendants in the lawsuit but were removed from the litigation.

The case is moving quickly through the court system, with several hearings and 35 docket entries to date in just a few weeks.

Plympton Town Administrator Elizabeth Dennehy, reached via email, directed questions to the Board of Health, noting that “the Board of Health is an elected Board, and as such, does not come under the purview of the Board of Selectmen and/or Town Administrator.”

A source who did not wish to be quoted stated that the town became aware of the allegations only after the hiring process, in late June when Wareham and Marion media began coverage of the lawsuit. Another source stated that they had personally made town officials aware of the allegations.

It’s not clear at this time who at Town House was aware of the allegations prior to Tinkham’s appointment. Tinkham does not list any references on his resume, although he lists his previous jobs with Plymouth, Carver and the CMWRRDD.

A call to the Plympton Board of Health went unanswered as did a call to Tinkham’s cellphone.

The Massachusetts Office of the Inspector General is investigating according to documents in the court file, although a spokesman for the OIG would not confirm or deny the existence of any specific investigation.

The OIG is not a prosecutorial agency but can refer investigations to the Attorney General or the federal government, among other agencies, for prosecution, according to the spokesman.

The court is awaiting Tinkham’s attorney to file a motion to dismiss in order to schedule the next hearing in the case.

Special town meeting for “Two Brooks Preserve”

PLYMPTON – On Monday, Aug. 6, Plympton Selectmen met at Town House and executed a lengthy agenda. The town clerk updated the board on ongoing projects and appointments, several appointments were made to the fire department, the board interviewed two candidates for Zoning Enforcement Officer and hired one, set up a gift fund for the Atwood property– now known as, “Two Brooks Preserve,”– and a Special Town Meeting to address the preserve was finalized after the meeting.

Town Clerk Update

Tara Shaw, the town clerk, updated the board on several ongoing projects. First, she updated the board on General Code, the company that is codifying the Plympton bylaws. They are checking for everything from spelling errors to conflicts with Massachusetts law. All deadlines are being met.

She also noted that five bylaws changed at the annual town meeting were submitted to the Attorney General’s office in the proper time frame, and that the deadline for the Attorney General’s office to get back to Plympton with approvals that the bylaws don’t conflict with Massachusetts law (or seeking further information from the town) is Sept. 3.

Adjustments to 2018 appointments to boards and committees were made on the recommendation of Shaw. The board had voted on all 48 appointments at once at a previous meeting, but according to Shaw, not everyone accepted their appointments, or their appointment terms.

Notably, Bob Karling did not accept his appointment as the Zoning Enforcement Officer and Fence Viewer, and Carol Quindley did not accept her appointment to the Historic District Commission.

Harry Weikel, originally an alternate to the Zoning Board of Appeals, only accepted full membership to that board with the term coinciding with that of his alternate term date, ending June 30, 2019.

Several Committees were dissolved, including the Fire Executive Oversight Committee, the Fire Technical Committee, the Memorial Day Committee, the DOR Advisory Board and the Plympton Housing Production Committee.

Wendy Jones was appointed Assistant Assessor.

Shaw is also looking for an intern or a volunteer to help maintain the town’s website.

“You’ve planted a seed, let’s see if it grows,” said Selectmen Chairman John Traynor, who supported the idea.

New Zoning
Enforcement Officer

Selectmen interviewed Jack O’Leary, of Plympton, and Allan Fraser, of Franklin, for the position of Zoning Enforcement Officer. The current ZEO, Tom Millias, is the building inspector and is acting on an interim basis.

O’Leary said that he sought the position, “Mainly because I’ve been involved in this in my day job and volunteering in the town for a while.”

But, O’Leary has a full-time job as an engineer, and the board, especially Traynor was concerned about the time commitment needed for the position.

Allan Fraser, of Franklin, was ultimately unanimously hired by the board.

Fraser, who says he has, “a tremendous amount of experience,” citing jobs as building inspector in Newton and councilor in Lowell as examples, has never lived in a community he has worked in, he says.

Selectman Russo stated that he wanted a balance in zoning enforcement.

Fraser said that he preferred the term “administration” to “enforcement,” and that he believed that the key to effective zoning regulation is education. He mentioned using technology for that education and to remind residents and businesses of their obligations under the zoning laws.

Fire Department new hires

The Plympton Fire Department family showed up to the meeting to celebrate the appointment of five new members to the force. All members of the PFD, including the new members, have successfully passed CORI and SORI checks, something that had not been done under the tenure of Fire Chief Warren Borsari, leading to the separation of several employees from the force.

Nathan Currier, Edward Coughlin, Carl Johnson, Richard Cosato and Jennifer Fulton were all appointed. Although only two were present, a sizable crowd of firefighters, paramedics, EMTs and their family members and friends joined the meeting for a brief photo.

The board seems to take particular delight in the “reinvigorated” fire department, under the leadership of Captains Cheryl Davis and John Sjostedt and Fire Consultant Lance Benjamino, Chief of the Middleboro Fire Department.

Town Administrator Elizabeth Dennehy announced that 17 applicants have applied to date for the position of permanent fire chief, noting that the town is still early in the hiring process.

“Two Brooks Preserve”

The Atwood property, on Prospect Road, now known as the “Two Brooks Preserve,” is rapidly in the process of being purchased by the town. The land, which was held in Chapter 61A, was changing from agricultural use to another use when it was put on the market, and the town exercised its right of first refusal to purchase the property.

The sellers wish to move the sale along, and the board acquiesced to two conditions put on the sale, the first being 24-hours’ notice for access to the property, and the second being that the seller did not want to put a 30-day extension on the execution of the purchase and sales agreement.

Selectman Mark Russo explained that the board would like to set up both a “gift-fund” for the preserve, as well as issue bonds to fund the multisource funded project. The bonds will take some time to set up.

The fund was approved by the board, and Russo said that he hoped that individuals would give generously. Donations are tax-deductible and will be returned if voters do not approve the purchase at the fall STM. If enough money is raised through alternate means, he said, less Community Preservation money could be used for the project, or fewer lots may need to be sold to raise money for the purchase.

“We’re looking for people and hoping for people to be really generous,” he said, noting that donations for land last forever.

Regarding the tight timeline for the Two Brooks Preserve, Traynor said that there was, “a very tight schedule.” and Russo said that, “One wrong step and we could mess everything up. We don’t want any wrong steps.”

Special Town Meeting

Town officials announced Wednesday that a Special Town Meeting asking voters to approve the purchase of the Two Brooks Preserve will be held on Sept. 20. The time and place will be announced soon by the Selectmen’s office.

The Plympton Board of Selectmen will next meet Aug. 20 at 6 p.m.

Proponents promise to make a federal case of it

PLYMPTON – On Tuesday, Aug. 31, the Plympton Zoning Board of Appeals voted down the variances necessary for an application by Industrial Tower and Wireless, LLC., of Marshfield, to build a 120-foot, lattice-style cell phone tower at the corner of Center Street and Palmer Road, on a business-zoned lot by a 2-1 vote.

Board members Dave Alberti and Harry Weikel voted against issuing the variances for the proposed cell tower, despite the previous warnings of town counsel Robin Stein that they are opening Plympton up to a federal lawsuit by violating the Federal Telecommunications Act of 1996.

Board Chairman Ken Thompson voted for the project, noting afterward that his vote didn’t matter because any variances that ITW sought needed to be decided on unanimously by the board.

The meeting did not have the intensity or drama of previous meetings on the subject, as the board had already indicated which way they were leaning, although the townspeople at the hearing were visibly pleased with the ultimate result.

The hearing was brief– less than 30 minutes. The lawyer for ITW, Jeffrey Angely was still slick and could be heard chuckling from time to time in the audience; the Town’s lawyer appeared to be much more prepared than at last week’s hearing, where she acted confused as the board increasingly moved in the direction of a denial.

The public was not permitted to speak because the testimony portion of the hearing had ended, despite their being a full house.

Thompson began the hearing by warning that it was the board’s turn to continue deliberations at this meeting. Stein read the history of the hearing into the record, notably a number of continuances beginning May 24.

Stein again walked the board through their previous findings, which they hadn’t yet voted on.

She reiterated the law, noting that federal law requires local zoning ordinances to be waived should the ZBA find that there is both a significant gap in coverage and that there were no alternate sites for a tower per the TCA of 1996. Stein noted that this sort of case has been well litigated in the federal courts, both in our circuit and others.

The public had previously noted numerous other locations for a tower, most notably the First Church steeple, which Church officials claim had not been properly investigated. ITW has made claims that 7,000 to 8,000 vehicles a day pass through this alleged coverage gap. This has not been independently verified, according to officials.

Weikel next read a lengthy statement into the record as part of his deliberation, noting what he counted as 17 “significant” variances, not just the four in the application, that he believed the applicant required for the construction of a cell-tower. He noted other possible locations he found suitable, including a town-owned parcel behind the Town House.

Alberti attempted to read a letter, a source says from a previous zoning official or board member, into the record but was quickly stopped by Stein on the grounds that it was testimony, not part of the deliberations.

At that point, the Board was ready to vote as their deliberations were complete.

Stein read an affirmative motion to approve the variances, with several conditions, into the record, to which Thompson said, “So moved.” Alberti seconded the motion.

Weikel voted first, against the motion, and then Alberti voted against the motion as well.

Thompson voted last, somewhat half-heartedly, in favor of the motion.

The motion failed as the vote was not unanimous.

At that point, Stein directed the board to vote on a motion for the reasons for the denial, as federal law requires that any denial be based on “substantial evidence in the record.”

She began by reading item by item from a list she had prepared, for example, “That the proposed telecommunications tower is in the business district,” which quickly became too cumbersome because of the number of items on her list.

She and the board together decided to read the whole list of more than a dozen reasons to deny the application at once, and the board voted unanimously to approve that list. The findings will be published on or around Aug. 8, according to Stein and Thompson.

What will happen after that is not clear.

The board appears to be bracing themselves for a lawsuit. Town officials were not available for immediate comment as of press time, and a source who did not wish to be named suggested that there would be no comment from the Town.

When Stein told opposing attorney Angley that the board would meet Wednesday, Aug. 8, at 5 p.m. for an administrative meeting, he replied, “We have no reason to be there.”

When she told him that the findings would be published at or shortly after that meeting, he asked for a courtesy copy, grabbed his suit coat, said, “Whatever,” and stormed out of the room with a flourish. He could be seen talking animatedly with ITW representatives in the parking lot after the hearing.

PLYMPTON – The heat rose in the Large Meeting Room of Town House Tuesday, July 24, both literally and figuratively as townspeople squared off against telecommunications tower applicant Industrial Tower and Wireless, LLC. Jeffrey Angley, attorney representing the applicant, was slick. The town’s attorney, Robin Stein, mumbled and was hard to understand. And several neighbors and citizens of the proposed 120-foot lattice structure seemed incensed with the ZBA’s apparent acquiescence to the applicant.

Then, a surprise turn of events changed everything.

The hearing started out as most formal hearings do. A prepared statement was read into the minutes by the chair. The applicant was asked if they had any new updates for the board, since this was the third meeting of the continued hearing on the subject. They did not. They summarized their plans to build a 120-foot lattice telecommunications tower at the corner of Center Street and Palmer Road, on a four-acre lot that is “Business” zoned but is abutted by “Residential/Agricultural” zoning. ITW is proposing an 80-foot by 80-foot perimeter fence around the tower, with a 20-foot wide access road.

The applicant admitted that the tower will be visible from many locations in town, noting only that, “there is no perfect location [for a tower].”

The company is seeking zoning relief under the federal 1996 Telecommunications Act, that, according to the town’s attorney, was created to help build telecommunications infrastructure because most cell towers do not conform to local zoning bylaws, nationally.

Angley and Stein, opposing attorneys, appeared to agree that if the applicant can demonstrate that there is a significant coverage gap in cellular service and that there are no viable alternative sites (Industrial Tower and Wireless claims that 35 sites were identified and rejected), the ZBA must grant the variances sought, they say.

The applicant claims that there is a 3.5 by 1.5-mile coverage gap in Plympton that sees 7,000 to 8,000 vehicles a day pass through.

The public was not shy in their displeasure with the proposed tower.

Rosemary German, of 63 Palmer Street, presented videos of what she said were similar towers making humming noises. Angley said the site would be passive, emitting nothing, including noise. “This is the sound of a cellphone tower. No thanks!” you can hear German say in her video above a constant buzz.

Mike Matern, who is an electrical engineer, spoke heatedly regarding the noise issue, stating that the cooling fans on the new 4G equipment boxes are really quite noisy. He noted that electrical equipment and generators would also create noise.

Matern was a co-signer of a letter from the First Congregational Church in Plympton, along with Colleen Thompson, of Main Street, stating that no one in authority at the church had been approached by the applicant or inspected the steeple as an alternate site to Palmer Road, despite the fact that it is geographically higher by 60 feet, according to church officials.

“In addition to making sure that the information on which you will base your decision is as complete as possible, our interest in this hearing is not altogether altruistic. We have begun investigating the possibility of a wireless installation in the steeple. It is therefore of great interest to us to understand how the church was investigated and why it was rejected,” the letter states.

“How did you inspect the church if you didn’t come?” asked former selectman Colleen Thompson.

Angley, who at the last meeting stated that the church had been identified and rejected as a possible site, seemed taken aback by the letter as it was read into the record.

“You don’t need to go inside to know it won’t work,” an Industrial Wireless and Tower representative at the meeting said, stating that the height and girth of the steeple are prohibitive to new 4G technology. “We used to put equipment in church steeples. We don’t do that anymore.”

Carolyn Thompson responded that the Unitarian Universalist Church on Tremont Street in Duxbury has a four-array antenna inside its steeple.

There are several cellular arrays in church steeples in the area, including Central Square, Bridgewater, where there is a cellular array in the steeple of the Swedenborgian Church.

Other residents were concerned about the aesthetics of the tower, the rural and “country” nature of the town and the accuracy of the “balloon test,” in which a red balloon was floated to 120-feet to determine the exact visibility of the tower several weeks ago. Wetlands concerns were also raised.

Arthur Morin, of 11 Granville Baker Way, read the emailed comments of across the street neighbors who were not able to attend, claiming that even Police Chief Patrick Dillon witnessed the balloon from the historic district. Morin also added his own comments: “We choose to live in a rural community because we like the aesthetics…this erector set is ugly…this is all about making money.”

Carolyn Bartlett, who owns the house/business directly across the street from the proposed cell tower access road, argued that wind blew the balloon downward during many of the photographs presented by the applicant and she has photographs from the same location showing the red balloon plainly visible.  She furthered that many of the trees in the area are deciduous, not evergreen and will lose their leaves, making the tower even more visible in the fall and winter.

She got into a lengthy exchange with board chair Kenneth Thompson, a normally cool-headed character who lost his temper briefly, stating that Mrs. Bartlett was conflating different locations at once, including her house and the historic district.

When Thompson pointed out that both the state and local historical boards had sent letters that indicated the project does not concern them from a historic perspective, Bartlett asked incredulously, “You don’t believe the police chief?”

Other residents, notably Deborah Anderson, of Elm Street, and Art Morin of Granville Baker Way, encouraged the board reject or table the decision outright and seek proposals from other vendors or at least to repeat the balloon test in the fall after the leaves have fallen.

Thompson responded that they have to look at the case of the current applicant before the board.

As the residents finished vocalizing their long list of objections to the proposed project, the hearing moved into the deliberation phase, in which the board members discussed their vote.

Stein then proceeded to walk the members through the steps to approve the application, in what was beginning to appear to be a foregone conclusion. Stein indicated that the board’s hands were tied in denying the application.

“Do you find that there is a significant coverage gap?”

The board “deliberated,” mostly just head nodding, and Thompson responded, “Yes.”

“Do you find that there are no viable alternative sites?”

The board “deliberated,” again mostly just head nodding, and Thompson responded, “Yes.”

“So that triggers the protections under the 1996 T.C.A.”

Then the question of unanimity came up. A board member asked if the vote needed to be unanimous, and Stein responded affirmatively.

That’s when the mood in the room shifted dramatically.

Newly appointed ZBA member Harry Weikel immediately said, “I’m here to protect the people…that’s the only reason I accepted this appointment,” indicating the way he might vote.

Town Counsel Stein directly questioned Weikel, apparently to make sure he understood the implications of what he was saying.

Then, David Alberti, former board chairman, now board member, said he would support Weikel.

Thompson acknowledged that the vote appeared to be heading to a denial of the application.

Stein said that any denial must be based on substantial evidence in the local bylaw and warned that the town may end up defending this decision, if it is a denial, in court.

The applicant’s lawyer asked for a decision immediately. He even offered to build a “monopole” instead of a lattice structure if the ZBA preferred to incentivize the board to vote affirmatively for them.

They asserted that the board did not have to deliberate any further or collect evidence regarding the local zoning bylaw– advice that would appear to put the town at a disadvantage should any ruling be challenged in court. Stein called for a five-minute recess to do more research and left the room with her cell phone in hand.

When she returned, she asked for a week’s continuation of the hearing. The board voted to continue the hearing to Tuesday, July 31, at 6:30 p.m.

Only one “no” vote out of three is needed for the proposal to be denied. As of this week, it appears that the cellphone tower application will be denied and might very well end up in court. But, residents will have to wait another week to see how the board finally votes.

Much can change in one week.

After the hearing concluded, when asked if the board was committed to denying the application, Thompson said, “You’d have to ask us all individually.”  Weikel instantly chimed in with, “I am.”