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Pot project laid to rest

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PLYMPTON– In a surprise move, on Monday, April 25 Plympton Selectmen voted unanimously to put on hold a decision on writing a municipal letter of support, non-opposition, or opposition for a proposed medical marijuana grow facility that was to be located at a cranberry farm on Ring Road, until a bill before the state legislature settles the matter of whether a zoning exemption, known as Chapter 40A(3) applies to marijuana or not.

The exemption would allow the grow facility in an agricultural/residential zone, according to Plympton’s bylaws, if the facility is in fact applicable for relief under 40A(3). But the bylaws do not allow medical marijuana to be grown in agricultural/residential zones unless the facility meets the requirements for the exemption.

Chapter 40A(3) is a law, also known as the Dover Amendment, which prevents municipalities from interfering with a broad range of certain activities, and to some extent, in this case, agriculture. The bill, H. 4186, is moving its way through the legislative process, and would exclude marijuana from the 40A(3) exemption.

As there is no accurate way to predict what will happen to a bill as it makes its way through the legislative process; the bill may take some time to become law, conceivably years, if ever.

The letter of support, non-opposition or opposition is the first step in the process of participating on the production side of the medical marijuana regime overseen by the Massachusetts Department of Public Health. Applicant Jeffrey Randall first came before the Board of Selectmen on January 4, 2016 with a detailed proposal. It is within the full purview of the BOS to make this decision, according to town counsel.

The Board appeared to tacitly support the proposal that night. Selectperson Christine Joy, said she was “personally uncomfortable” and “not a huge fan”, but said that if the townspeople supported it, she would support it. Selectperson Colleen Thompson said she was “not opposed”, but not sure if she would lean more towards a letter of non-opposition or support. Board Chairman Mark Russo was enthusiastically supportive.

As abutters and neighbors learned of the proposal, opposition in town quickly grew. Although Selectmen Russo and Thompson both stated at numerous meetings that there were many in town who supported the proposal, a vocal group opposed formed and began to appear weekly at each board meeting.

Joy quickly seemed to ally herself with those opposed to the proposal, and often spoke out against the grow facility. Thompson repeatedly stated that she was staying open-minded and listening to citizens regarding the application, and Russo remained the voice of enthusiasm for the proposal. The BOS maintained those positions unwaveringly over months.

Board Chairman Russo spoke out against the tactics of those opposed to the proposal and seemed especially frustrated at a recent Public Records Request for some 14 months of his e-mails, written correspondence and meeting notes between himself and Jeff Randall, Randall’s attorney, business partners, associates as well as any emails, written correspondence or meeting notes that mention “marijuana, marihuana or cannabis”.

The request resulted in Russo turning over more than 600 pages of printed material.

The issue has split the town, Russo said on Monday night, and he thought he had enough information to make a decision right then. Saying that the subject was way too divisive right now, and Thompson noting that she wanted some peace, saying it was a motion he hated to make, Chairman Russo moved that the board delay its vote until the bill before the legislature had clarified the zoning issues. Thompson seconded the motion, and the board unanimously put the application on hold.

Randall, his wife and his attorney left the room quickly.

Sullivan charges reduced

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PLYMOUTH– On Thursday, April 14, Sean P. Sullivan, 25, of Boston was finally arraigned at Plymouth District Court, Plymouth, the Commonwealth’s fourth attempt to hold the proceeding. A plea of “not guilty” was entered on his behalf by the court, and Marshfield-based defense attorney Michael Bergeron, who has been appointed by the court to represent Sullivan, who claimed to be indigent. The case will remain in the District Court, according to officials, who chose not to move the case into Superior Court, where charges and penalties are greater.

Sullivan gained notoriety in Plympton following a dramatic incident in which he left the Brook Retreat, a “sober-living” facility at 55 Brook Street where he had been a guest, and allegedly caused property damage and attempted to gain entry into a neighbor’s home on March 6, around 11:45 p.m. causing an uproar in town over the safety of residents and the safeguards at the group-home, located in a residential neighborhood.

Sullivan, seemed confused when led from lock-up into the courtroom by a court officer, and was expressionless.  He did not appear to have supporters in the courtroom.

Sporting a buzz-cut and an orange Plymouth County Correctional Facility (PCCF) issued jumpsuit, he did seem to know where he was, though, according to his attorney, he was earlier begging to be returned to Bridgewater for mental health treatment rather than returned to PCCF, where he had previously stayed for a brief time prior to the arraignment hearing.

Sullivan was being held for a “15B” forensic psychiatric evaluation at Bridgewater State Hospital (BSH), a secure mental health facility run by the state Department of Corrections at the Bridgewater Correctional Complex, Bridgewater, to determine his “criminal responsibility” (CR) and his “competency to stand trial” (CST). According to public court records, there was at least one period of time where he was on “suicide watch” at BSH.

Visiting Judge Mary Amrhein presided over the proceedings.

Assistant District Attorney (ADA) Sarah Onori represented the Commonwealth. She argued that because the state’s psychiatrist(s) ruled that Sullivan was competent to stand trial, he could be arraigned, although the ADA asked the judge to allow a motion to amend the most serious charge, felony home invasion, to a lesser felony, “Breaking and Entering in the daytime or at night, for felony, armed, firearm, person in fear,” codified under M.G.L. c. 266 s. 17, according to the Plymouth District Court Criminal Clerk’s office. It should be noted that Plympton Police allege Sullivan was armed with an icepick, not a firearm, although this is the wording that the Commonwealth uses to summarize the law.

The statute reads: “Whoever, in the night time, enters without breaking, or breaks and enters in the day time, a building, ship, vessel, or vehicle, with intent to commit a felony, the owner or any other person lawfully therein being put in fear, shall be punished by imprisonment in the state prison for not more than ten years. Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than seven years or in the house of correction for not less than two years nor more than two and one half years.”

The judge allowed the motion to amend the charges– which vacates the original felony home invasion charge and replaces it with the above charge.

Judge Amrhein next heard the subject of Sullivan’s bail in the current Plympton case and in an ongoing case at Chelsea District Court, where he faces charges of shoplifting and possession of a Class E substance. An ADA from the Chelsea District Court had previously filed a motion with the Plymouth District Court asking a Plymouth judge to revoke bail in the Chelsea matter.

ADA Onori noted that Sullivan has an eight-page long criminal record, had several warrants out for him when arrested, multiple past arrests and convictions for larceny and forgery-type crimes, and drug arrests and convictions for possession of class A, B, C, D and E substances. She suggested that there were other offenses and convictions as well.

Defense counsel Bergeron stressed that his client, Sullivan, was severely mentally ill and that he was, “very apologetic for the situation.” Bergeron stated that this was a very sad circumstance, and that his client had not only been diagnosed with major depression, anxiety disorder and Post Traumatic Stress Disorder (PTSD) after time living on the streets homeless and suffering from addiction, but was also in fact experiencing auditory and visual hallucinations, which he said was supported by the Commonwealth’s forensic reports.

He also noted that although the Commonwealth had determined Sullivan competent to stand trial, they came just short of declaring him not criminally responsible, leaving it to the Court to make that call.

Judge Amrhein set bail in the present case at $10,000 cash/$100,000 bond and revoked his bail in the Chelsea District Court case, automatically triggering a 90-day jail sentence for Sullivan for violating the bail conditions set in Chelsea.

Arguing that his client needed further treatment at Bridgewater State Hospital, Bergeron asked the judge to remand Sullivan back into the custody of BSH.

Judge Amrhein did not allow Bergeron’s petition for Sullivan to be sent back to the hospital  saying,  “I’m sure if his medical needs warrant it, that’s where he’ll [Sullivan] end up.”

With that, court officers led Sullivan back to the lock-up in Plymouth District Court. While being removed from the courtroom, Sullivan politely mumbled, “Thank you, your honor.”

The alleged victims, Dean and Marsha Limitone, of Brook Street, waited patiently in the courtroom the entire day for a hearing scheduled for 9 a.m. but that did not occur until well after 3 p.m.  Speaking with the Express after the proceedings, they expressed their disappointment with the outcome, especially the District. Attorney’s office’s decision to downgrade the most serious charge of felony home invasion.

Despite an official from the D.A.’s office telling them that this was in fact a “good” outcome, they stated that they are still living in fear, and that their only comfort at the moment was that Sullivan would be “locked-up” for at least 90-days.

“After that, we’ll have to see what happens,” said Marsha Limitone. “I don’t think people understand the terror we are still living with every day.”

Sunday night, March 6, Shane Sullivan was located shortly after the Limitone’s called the Plympton Police reporting an individual causing property damage to their shed and attempting to break into their home with a weapon. According to the police narrative, Sullivan was making bizarre statements while being apprehended, such as, “I killed Satan,” and, “I killed that whole family,” when he was found wandering barefoot shortly after the call.

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.

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!

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.

We’ve got you covered!

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PLYMOUTH COUNTY– According to Officer Doug Mazzola of the Plympton Police Department, mass shootings, defined by the FBI as when four or more people are killed in an episode of gun violence, have a long history in the United States. Today, though, and in the past two decades, the frequency of such horrific incidents has increased markedly.

More and more regular patrol officers across the country have had to face-down “active shooter” situations, which according to the Federal Emergency Management Agency (FEMA) are defined as an “individual actively engaged in killing or attempting to kill people in a confined and other populated area”. FEMA also notes that there often is no pattern or method to victim selection and that the events are unpredictable and may unfold quickly.

For these reasons, Plympton police conducted an active shooter drill on Saturday, March 12, along with seven other area law-enforcement agencies, including the Halifax Police Department, at a large industrial complex in Plymouth County. About twenty officers participated. The costly, but unfortunately necessary training, was incredibly intense and realistic, according to Mazzola, who participated.

He stressed that “interoperability” was a key term for police today, and such joint training drills allow officers to have the same mentality and skills necessary to fall in and assist in whatever scenario might occur, regardless of which department or agency the officer works for.

The training consisted of a classroom portion, emphasizing the history of mass shootings as well as current strategies engaged by police nationwide. They then toured the host facility, and began conducting drills covering multiple scenarios, including a barricaded hostage-taking scenario. Officers and volunteers participated as “victims”.

   Police fired blanks and simulated ammunition, commonly known under the brand name Simunition, which has a dye to mark when someone is shot, in order to create as realistic an experience as possible. The blanks were of the same decibel as live ammunition, which, according to Mazzola, “really got the adrenaline going.”

“We’ve always had mass shootings, but Columbine [the massacre carried out by two teens at a Colorado high school in April, 1999] was a turning point for police, especially in terms of police tactics. It’s no longer surround the perimeter and wait for a SWAT team to arrive. We actively engage the shooter now in these situations, entering as quickly as possible,” added Mazzola.

The trainers were all certified by the Massachusetts Police Training Council and the curriculum used was similar to that used nationally by other law-enforcement agencies, he said.

Plympton and the surrounding area may have some small police forces, but they are highly skilled and trained. Recent incidents across the country have demonstrated that violent incidents can occur anywhere, but the residents of Plymouth County can rest assured that should an incident occur here, our local police are top-notch.

Growing “weed” as agriculture?

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PLYMPTON– On Monday, March 7, Selectmen met and spent several hours with Town Counsel Ilana Quirk, both in executive session to discuss ongoing litigation, and in open session with the public to discuss the proposed medical marijuana grow facility on Ring Road. Selectmen also addressed resident concerns over an attempted home invasion that had occurred the previous night and Selectmen Chairman Mark Russo announced that he will not run for a second term.

Is growing a “weed” agriculture?

There were actually three attorneys present on Monday night, Town Counsel, an attorney representing the Doyle family, who abut the property of the proposed grow-op and an attorney for Jeff Randall, the applicant.

  Attorney Quirk summarized for the public her findings on whether or not the decision to sign a municipal letter of non-opposition or support was in the full purview of the Board, and if Plympton’s zoning by-laws allow a marijuana grow-op in a residential/agricultural zone. In recent weeks questions of zoning have become central to the discussion of whether or not Randall’s proposal can even be entertained.

Quirk’s answer: To not send a municipal letter (essentially ending the proposed project), or to send a letter of non-opposition or a letter of support is fully in the unbridled purview of the Selectmen. They could, however, allow a petition for a warrant article this year calling for a non-binding referendum on the issue– a petition asking for just that is in the process of being certified by the Town Clerk– should they choose to solicit further input from the townspeople.

   The second question revolved around zoning by-laws, which, in Quirk’s opinion seem to allow the proposed project. The by-laws state that marijuana cultivation is forbidden in residential/agricultural zones, except if it meets an exemption in a state law known as Chapter 40A(3). In this section of the law, among other things, municipalities are limited from interfering with agricultural production.

  Quirk stated that in her opinion, a marijuana grow facility would be allowed in the residential/agricultural zones because it does meet the requirements of 40A(3) and furthermore, marijuana cultivation is agricultural.

  Quirk noted that the application for the permits from the state that Randall is seeking require him to meet other zoning requirements, and that the Selectmen must certify that he is meeting those in their letter, should they choose to allow the project to move forward.

    Quirk also recommended that before any municipal letter is sent, a Community Host Agreement be drawn up and executed with any stipulations that the board might want to require. She added that her firm, Kopelman & Paige, has drafted several Community Host Agreements, which she might be able to assist the board with, if necessary. The agreements allow the town to receive a direct payment in exchange for “hosting” a grow facility.

  Attorney Robert Kraus representing the Doyles, himself a former state legislator who once represented Plympton, disagreed with the opinion of the town’s attorney, arguing that cultivating marijuana did not constitute agriculture. He mentioned that because the cultivation would be happening in an enclosed building with security, and that the workers would be background checked that it didn’t meet a “common-sense” definition of agriculture.

  “If everybody farming in Plympton had to pass a background check, there would be no one farming in Plympton,” said Kraus. “You don’t need security to grow corn.”

    Quirk disagreed, mentioning a different section of the law that defines agriculture very broadly, including by-products of agriculture.

Quirk’s apparent legal blessing of the project in no way means that the project is green-lighted. Quirk has not seen the specific proposal, and was only giving her legal opinion on the questions that the board had put before her.   

   Selectmen still seem to be divided on the matter. Selectperson Christine Joy is increasingly more vocally opposed to the project each week, twice now ready to vote not to support the project immediately. Chairman Russo appears to be cautiously supportive, and Selectperson Thompson, has made statements that infer that she is open-minded to the project, such as her agreement with Quirk that marijuana cultivation is agriculture in her mind and her previous strong statement opposing the NIMBY (Not In My Back Yard) phenomenon.

  Several abutters and neighbors of Randall were present, and continued to state their objections, although the Board indulged few public comments on the subject as the agenda indicated that this time was allotted for the Selectmen to discuss the issue.

Home Invasion

According to Chairman Russo, Shane Sullivan, 26, the alleged perpetrator of Sunday night’s attempted home invasion, was residing at a group facility for those in substance abuse recovery, which opened last year next to the house where the attempted break-in occurred.

   Residents from the neighborhood came to the board with concerns that they hadn’t been properly notified as the incident was unfolding, and generally with safety concerns now that an incident has occurred at the facility.

   The treatment facility, the Brook Retreat, at 55 Brook Street, is apparently operated by a company called South Shore Transformation Inc., although Town officials were not aware of the identity of the operators, another concern. It has 16 beds for male patients in recovery, according to their website.

  Selectmen noted that there was clearly a breakdown in protocol at the facility and they wished to look further into the matter, including whether a “reverse-911” call would have been appropriate to notify neighbors of the incident. Russo noted that not all of the neighbors’ concerns are Selectmen’s issues but that the Board would look into what could be done to allay residents’ concerns and prevent future incidents.

Russo to retire (from BOS at least)

Selectmen Chairman Mark Russo, in the third year of his first term on the board, announced Monday that after much reflection he will not seek a second term.

  Russo, who in addition to his tenure on the BOS, also served

two years on the Finance Committee and has chaired the Community Preservation Committee, said he wishes to remain involved in town government, and might even return to the board someday.   He stated that he had hoped when he was elected that he could bring more civility and transparency to town government, and that he thinks that some of that has been accomplished.

  Russo added he hoped that a new talented person would run for the soon-to-be-open open seat and continue that work.

  Next Meetings: March 14 and March 21, 6 p.m. at the Town House.

Clinton, Trump carry Mass.

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With nearly half the registered voters in both towns turning out to vote Tuesday, Whitman and Hanson backed the outsiders in both the Democratic and Republican primaries in Massachusetts. Vermont Sen. Bernie Sanders garnered 1,414 votes to former Secretary of State Hillary Clinton’s 970 in Whitman, while he received 997 to Clinton’s 692 in Hanson.Statewide, Clinton carried the day by a slim margin of some 20,000 votes. Businessman Donald Trump received 1,242 votes in Whitman as Florida Sen. Marco Rubio got 292, Ohio Gov. John Kasich had 266, Texas Sen. Ted Cruz had 186 and Dr. Ben Carson had 52. Other candidates who have withdrawn from the race split 60 votes in Whitman. Trump sailed to the front of the pack in Hanson with 1,000 votes, compared with 237 for Rubio, 205 for Kasich, 194 for Cruz, 50 for Carson and 46 for withdrawn candidates or no preference. Of Whitman’s 9,909 registered voters, 4,582 — or 46 percent cast ballots. In Hanson 48 percent of the town’s 7,215 registered voters — 3,475 — cast ballots. “There was a line when polls opened this morning,” said Whitman Town Clerk Dawn Varley. “People were waiting.” She was hopeful, based on interest, phone calls and the number of people registering, that they might see a 50-percent turnout. In the first hour alone, 300 votes had been cast in Whitman.

While voters lined up to vote, sign-holders supporting candidates were an unusually rare sight during the day on Tuesday. Two, supporting Sanders in Whitman and Cruz in Hanson, spoke of their support for their respective candidates. Anastasia Mykoniatos of Whitman, holding signs for Sanders in front of the post office next door to the Town Hall polling place, was counting on a high turnout to help her candidate, who she said needed five states to stay competitive. “I like the fact that he’s paying attention to the lesser-thought of issues such as student debt and the climate change that a lot of the other people aren’t paying attention to or supporting,” she said. “I like the fact that you can trace back his stance on issues for at least two decades.” Mykoniatos noted Sanders has supported LGBT rights since 1992, while Clinton voted for the Defense of Marriage Act (DOMA). Sanders took four states — Vermont, Oklahoma, Minnesota, and Colorado — on Super Tuesday to Clinton’s  seven. Trump took seven — Georgia, Alabama, Massachusetts, Virginia, Arkansas, Tennessee and Vermont —with Cruz winning Texas and Oklahoma and Rubio notching  his first primary win in Minnesota. “Trump scares me,” Mykoniatos said. Leslie J. Molyneaux, also a candidate for GOP state committeeman said he was backing Cruz for similar reasons.

“I’m working for Ted Cruz because he’s a constitutionalist,” Molyneaux said outside of Hanson’s Maquan School polling place. “He knows the Constitution front and back and he’s been fighting for it his whole life.”Molyneaux noted that Cruz, a former law clerk to Supreme Court Justice William Rehnquist, is also the most experienced candidate in terms of governance.“He successfully argued several cases regarding personal liberty before the Supreme Court,” he said. “Donald Trump, I don’t feel, is a conservative. Donald Trump is a populist and he has reached a nerve with the American people who truly are sick of government.” But, Molyneaux said, what happens down the road has yet to be determined. “Certainly the establishment Republicans are really unhappy because they don’t have a dog in the hunt,” he said. “I think the establishment is putting all their money behind Rubio, and he’s really not one of them, but he’s closer to being one of them than Trump or Cruz is.” One local official that has gone to work for Trump as the state co-chairman of that campaign is state Rep. Geoff Diehl, R-Whitman.

“He’s clearly going to win, it’s just a question of how big,” Diehl said of Trump’s chances Tuesday morning. “Just like my run in 2010, I think Donald Trump brings that same business background to D.C. with the momentum of supporters who feel like D.C. is no longer listening to them.” Diehl compares Trump’s past business setbacks with the experimental failures Thomas Edison experienced while inventing the light bulb. He also noted that the economic climate of the past few years has made Trump realize that government has done a poor job of allowing businesses to grow. “I’m a  Cruz man, but Geoff is a good man,” Molyneaux said.

School Lunch Menus for Feb. 28 to Mar. 5

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Dennett Elementary School

 

Monday – Baked macaroni and cheese, dinner, Romaine side salad, fresh fruit.

Breakfast – Mini pancakes with syrup, bacon.

 

Tuesday – French toast sticks with syrup, sausage, carrot sticks, warm applesauce.

Breakfast – Cheese omelet, sausage.

 

Wednesday – Popcorn chicken, whipped potato, corn. Tomato and cheese salad, chilled fruit.

Breakfast – McDennett Sandwich. Yogurt.

 

Thursday – Twin mini cheeseburgers, Romaine salad with dressing, Gold Fish crackers, fresh fruit.

Breakfast – Mini waffles with syrup, bacon.

 

Friday – Cheese pizza, Caesar salad with dressing, baked potato chips, hummus, fresh fruit.

Breakfast – “Chef’s Choice.”

 

Halifax Elementary School

 

Monday – Hamburger or cheeseburger on a bun, lettuce, tomato, pickles with baked beans and vegetable sticks.

 

Tuesday – STICKER DAY! Chicken Fajita with Salsa, Rice, Mexicala corn and vegetable sticks with dip.

 

Wednesday – Pizza sticks with sauce, green beans and and vegetable sticks with dip.

 

Thursday – Pancakes with syrup, ham, roasted carrots and potato puffs.

 

Friday – Macaroni and cheese, with broccoli and and vegetable sticks with dip.

 

 

Silver Lake Middle School

 

Monday – Chicken and Cheese Quesadilla, rice pilaf, Mexican corn, chilled fruit.

 

Tuesday – “Pasta Bar”, bread stick, green beans, fruit cup.

 

Wednesday – Breaded chicken nuggets with dipping sauce, gravy. Mashed potato, broccoli, chilled fruit.

 

 

Thursday – Nachos with seasoned beef, lettuce, tomato and cheese, sweet potato fries, fruit cup.

Friday – Big Daddy’s cheese or pepperoni pizza, fresh garden salad with dressing, fresh fruit, hummus.

 

 

 

Silver Lake High School

 

Monday – Chicken and Cheese Quesadilla. Rice pilaf, Mexicorn cornk, chilled fruit.

 

Tuesday – “Pasta Bar”, bread stick, green beans, fruit cup.

 

Wednesday – Breaded chicken nuggets with dipping sauce, gravy, mashed potato, broccoli, chilled fruit.

 

Thursday – Nachos with seasoned beef, lettuce, tomato and cheese, sweet potato fries, fruit cup.

 

Friday – Big Daddy’s cheese or pepperoni pizza, fresh garden salad with dressing, fresh fruit, hummus.