Plympton-Halifax-Kingston Express

You are here: Home / Archives for News

Beliveau and ZBA reach agreement

By

Gene Beliveau, left, and supporters before the Plympton Zoning Board of Appeals on Dec. 18, 2018. (Abram Neal)

PLYMPTON — On Tuesday, Dec. 18, the Zoning Board of Appeals held a new hearing for Gene Beliveau, manager of Plymouth County Paving, LLC. Beliveau was the appellant to a May 4, 2017, cease and desist order regarding what the previous Plympton Zoning Enforcement Officer, the late Robert Karling, ruled to be a “contractor’s yard” operating at 0 Winnetuxet Road (Map 21, Lot 1, Block 24).

Plymouth County Paving, LLC, which Beliveau manages, was accused of this prohibited zoning use at 0 Winnetuxet Road as it is in both the agricultural-residential and business zoning districts. Plymouth County Paving, LLC, is a provider of residential and commercial asphalt paving and maintenance services, excavation and demolition and commercial-industrial snow and ice management for properties located off-site, according to town documents.The ZBA and Beliveau reached a mutually agreeable settlement at the hearing, which Plymouth County Superior Court Judge Cornelius Moriarty, II, ordered, where Karling’s cease and desist order was upheld. But, exceptions were granted with a special permit allowing certain equipment to be kept on-site, according to the agreement.

In May 2017 Karling ordered Beliveau and any person acting on the business’ behalf or in concert with it to immediately cease and desist all use of the property for a “contractor’s yard” and commercial vehicle storage, the trucking of earth, gravel and other materials to and from the property and to remove from the property all of the materials, vehicles and equipment associated with such use.

On May 30, 2017, Beliveau filed an appeal with the ZBA.

A public hearing opened Aug. 15, 2017, and was continued to Aug. 24, 2017, and again to Sept. 7, 2017. During the hearing, Beliveau, through his attorney, provided evidence and testimony, and the ZBA heard additional evidence and testimony from members of the public and Karling. The ZBA also conducted a site visit Aug. 23, 2017.

In an Oct. 2, 2017, decision the ZBA voted 3-0 to affirm Karling’s cease and desist order regarding the use of the property.

Beliveau appealed this decision to the Plymouth County Superior Court.

On Nov. 13, 2018, Beliveau and the ZBA filed a joint motion in Superior Court requesting that the court remand the matter back to the ZBA for further consideration. Judge Moriarty agreed to allow the motion, and a new hearing was held.

The ZBA voted 3-0 at the new hearing to reaffirm Karling’s May 4, 2017, cease and desist order regarding the use of the property although Beliveau may keep more than three but less than 10 commercial vehicles on the property in accordance with the terms of a special permit granted by the board. Beliveau is also allowed specific forestry related equipment provided it is not visible from any roads or abutting properties (it must be stored in or behind a “long metal structure” on the property) and may replace it with comparable equipment over time so long as the amount of equipment does not increase.

The Express was not able to reach Beliveau for comment as of press time.

BOS says ‘Hold your horses!’

By

Attorney Phil Taylor represents Scott Clawson, of Fieldstone Farm, in his request for additional horse shows. (Photo by Abram Neal)

HALIFAX — The Halifax Board of Selectmen met Tuesday, Jan. 8, and tackled a lengthy agenda and five appointments in just under two hours. The agenda was wide-ranging, but the lengthiest item involved horse shows at Fieldstone Farm.

Clawson asks for more horse shows

Scott Clawson, proprietor of Fieldstone Farm, through his Stoneham-based attorney Phil Taylor, was before the board asking for two additional horse shows in June at his equestrian show park on Plymouth Street, and one additional show in August, for a total of three additional shows to the allowable 30.

The number of shows Clawson is allowed to hold is governed by a consent agreement signed between the Town of Halifax through the Board of Selectmen and Clawson, first agreed to by the town, Clawson and the Plymouth County Superior Court in 1993, and then updated after an exhaustive series of meetings with the board prior to August 2017, when a new agreement was signed into force.

The board, especially Kim Roy and Tom Millias, were vocally frustrated with Clawson and the board refused to, for now, allow any additional shows without talking to Halifax Town Counsel.

Millias noted that while the board was being asked to add more shows, “My more specific question is, do we have to do it?”

The answer, according to Taylor, is that they do not, although they can at their discretion without reopening the consent agreement. That interpretation was not shared by the board.

Roy and Millias hammered the attorney because of an ongoing issue Clawson had with the building department, where he was constructing a two-story gazebo, something that the building department was not made aware of in original plans, according to Roy and Millias.

The building department, said Roy, would send correspondence to Clawson, but he did not communicate back with the town to resolve the issue in a timely manner.

A solution was eventually found, according to Millias, in which the gazebo is to be used for non-commercial use and is one-story, but only after the town spent considerable effort to attempt to get Clawson to comply with the building department.

Although the issue was separate from the question of adding additional shows, the board in its entirety was visibly annoyed.

Selectman Troy Garron noted that Clawson did not appear to have respect for the authority of the town’s boards, but especially the selectmen.

Millias, who happens to be the Plympton Building Inspector, noted that ultimately responsibility lies with the property owner when the attorney blamed a contractor for the gazebo issue.

Roy said she did not want to punish a business in town but did not want to reward bad-behavior.

The board will take up the issue again at their next meeting, Jan. 22, 2019.

Cremation Wall

The board approved $10,000 for Highway Surveyor and Cemetery Superintendent Steve Hayward to begin a test run of a “cremation wall” in the Halifax Central Cemetery. The wall, which works somewhat like a post office box, allows family members of the deceased to receive a key to the box where remains are kept as a memento.

Hayward said the money for the wall would come from the “Lots and Graves” account, and that the wall could be built in sections, modularly, as land is cleared and usage is gauged.

Town Administrator Charlie Seelig said that cremation is becoming more and more popular as traditional burials are much more expensive.

Union Files Grievance

AFSCME Council 93 Local 1700, the union representing a highway worker who had filed a previous grievance against Highway Surveyor Steve Hayward, has filed a new grievance against the town on Jan. 2.  The original grievance regarded a worker being denied a heavy equipment operator (HEO) position– a decision that the Board of Selectmen upheld in a Dec. 21, 2018 executive session.

The recent grievance alleges that the town should not have released information to the public following the December executive session.  Information released to the Express regarding the employee did not paint the worker in a positive light.   The December meeting was reported by the Express and the new complaint will be heard by the Massachusetts Department of Labor Relations.

The information regarding the latest grievance was obtained through a verbal public records request by the Express.

In Other News:

• The board scheduled a Special Town Meeting for Monday, Feb. 25, at 7:30 p.m. at the Halifax Elementary School to address funding for that school’s fire suppression system construction project. More information will follow.

• Police Chief Joao Chaves requested that Animal Control Officer Noreen Callahan be appointed Police Matron for the department. The position may be regionalized at some point, he said. Callahan joined the department in 2013 and when asked by selectmen how she felt about taking the position said, “I feel great about it.”

• Police Officer Thomas Hall will retire in February after 21 years with the Halifax Police Department. The board regretfully accepted his resignation and wished Hall luck with his future endeavors.

• The Board of Selectmen will next meet Jan. 22, 2019, at 7:30 p.m. in the Selectmen’s Meeting Room of Halifax Town Hall.

Are two cars too many?

By

Russell Keirstead was before the Plympton Board of Selectmen attempting to sell property that the town has a right-of-first-refusal to. (Photo by Abram Neal)

PLYMPTON — Selectman Chairman John Traynor said he thinks that the town is operating too many vehicles and Town Administrator Elizabeth Dennehy disagreed. The at times tense discussion came up at the Monday, Jan. 7, Plympton Board of Selectmen’s meeting.

Two vehicles too many?

Two vehicles operated by the town, a 2011 Ford Taurus and a 2012 SUV, shared between the Town Administrator, Assessors and even at times the Police and Fire Departments are getting older and have significant number of miles on them, said Dennehy.

“I don’t see the need for the Taurus … two cars to repair, register, insure, it doesn’t make sense to me,” said Traynor.

At the times when there are competing needs for a vehicle, Traynor suggested employees put in for mileage on personal vehicles, a solution that Dennehy didn’t find tenable.

“I’m not going to nickel-and-dime the town [for miles],” she said, noting that putting in for mileage is an involved process involving filling out vendor forms, and expensive to the town.”

Traynor insisted that he sees the vehicles remain parked in front of the Town House, while Dennehy argued that they are in heavy use.

Dennehy explained that she did not believe that selling a vehicle, possibly the older Ford Taurus, would create much savings for the town, either through insurance because of the way rates are set for the town, or because the procurement process would take up so much time and the older vehicles would have such little value.

“So if we deleted that from our insurance policy the insurance policy wouldn’t go down one iota?” asked Traynor. The answer from Dennehy was no.

“So that’s where you and I have a difference of opinion,” said Dennehy. She added that all things considered, the town might get a few hundred dollars for working vehicles that are being used by the town.

“I don’t think that two vehicles are too many for a town the size of Plympton,” said Dennehy.

Russel Keirstead Right of First Refusal

The board, despite their best efforts to move the process along for Russell Keirstead, of Crescent Street, could not accommodate a Friday closing date on a parcel of his Chapter 61A property that he is attempting to sell as a 1.5-acre buildable lot. The town has the right of first refusal on the property because in order to be sold it must come out of the tax-saving state program.

Keirstead said he thought this would be a “three-minute” process before the board, but because of a strict protocol set up by the board for “chapter property,” a public hearing has to be advertised and scheduled so that the public has an opportunity to comment on the land sale. The hearing was set for the next Selectmen’s meeting, Jan. 28.

Keirstead was visibly disappointed that his deadlines would not be met, although he said he was eager to take whatever steps were necessary to properly sell the lot.

Budget Discussions

The board began to discuss their requests for the upcoming FY’20 budget, and Dennehy noted that the Finance Committee was asking boards and departments to estimate their budgetary needs very accurately, and not allow excess for unexpected items.  She said that the FinCom would rather deal with unexpected extras that come up on a case by case basis via the transfer request process.

Selectmen are asking for a legal budget of over $10,000 more than last year, citing ongoing litigation the town is engaged in, including at least one case in federal court where a Marshfield cellphone infrastructure company is suing the Zoning Board of Appeals for refusing them variances to build a cellphone tower on a parcel that is not zoned for the purpose.

In Other News

• Scott Varley was appointed Wiring Inspector to replace the late Robert Karling.

• The board will next meet Monday, Jan. 28, 2019, at 6 p.m. in the Large Meeting Room of Town House.

Silver Lake girls’ hockey co-op building experience

By

With only two seniors on their roster this season, the Whitman-Hanson/Silver Lake girls’ hockey co-op is working its way up and gaining experience along the way.

As of the start of the week, the Skaters were 0-4 on the season, although they played a competitive game against Marshfield on Thursday, Dec. 27, they dropped 7-6. They fell to Archbishop Williams in their other contest last week 8-1 on Saturday, Dec. 29.

Looking up and down the Skaters’ roster, they are an extremely young team. The bulk of their roster is comprised of sophomores with 12 in total. There are also five freshmen and two juniors, meaning they should have most of their roster returning next season as well.

On the attack, the Skaters are led by a few Silver Lake players: junior captain and forward Alyssa Murphy (3 goals, 1 assist), sophomore forward Ellie Grady (2 goals) and freshman forward Lilly Ulvila also has a goal this season while her classmate Abby Powers has a pair of assists. Murphy is back with the team after playing for the Walpole Express junior hockey team last season. However, she was dominant as a freshman for Whitman-Hanson/Silver Lake, putting up 20 goals and 23 assists.

Kat Gilbert is back in net for the Skaters this season. The Silver Lake sophomore took the reigns her freshman year despite having played defense for the majority of her hockey career prior to high school.

Even so, she has recorded 77 saves through the team’s first four contests. Sophomore Rylee Moran, also a Silver Lake student, serves as the team’s backup in net and has made six stops so far this season.

The Skaters next bout is this Saturday, Jan. 5 (5:15 p.m. start time) against the Pembroke Titans at Rockland Ice Arena.

The Titans were 6-0 as of the start of the week, according to MassHSHockey.

Silver Lake boys’ basketball continues to be competitive

By

The Silver Lake boys’ basketball team has played some tough basketball this season.

At the start of the week they were 3-3 on the season and five of their six games so far this year had been decided by single-digit margins. The lone exception to this was their 62-42 blowout win over Plymouth North on Thursday, Dec. 20.

Right now, the Lakers goal has to be to make it to the tournament. After all, they barely missed out on it last season and finished the year at 8-12.

This season, they returned the majority of their squad. They have four of their starters from last season back and in total, there are 10 seniors on the roster.

On offense, the Lakers turn to Nolan Hughes for production. The 6-foot-5 junior was the team’s leading scorer last season and provides the team with a presence in the post.

In the senior class, point guard Josh Gilbert has proven himself as a dependable scoring option as well while his classmates, Dan Duggan, Matt Bettle and Cam Danahy, who round out the starting lineup, are also capable players on the attack.

In terms of depth, the Lakers typically rely on seniors Dan Coffey, Josh Murphy and Jack Peterson to provide the team with depth and valuable contributions off the bench.

Over the Winter Break, the Lakers had some tough luck in the Silver Lake Holiday Tournament. They dropped a 49-46 bout against the Sandwich Blue Knights on Thursday, Dec. 27. The next day, the Lakers faced the Falmouth Clippers and fell in a 45-38 contest.

The Lakers do not have any games scheduled for this week. Instead, their next bout is on Tuesday, Jan. 8 on the road against the Scituate Sailors (6:30 p.m. start time). The Sailors were 4-0 on the year as of the start of this week, according to MaxPreps. 

Halifax Fire Department receives $6,154 in grants

By

HALIFAX — On Monday, Dec. 31, Halifax Fire Chief Jason Viveiros announced two grants that the department had received from the Massachusetts Department of Fire Services.

The first, for $3,754, is a 2018 Student Awareness for Fire Education– or S.A.F.E.– grant that will be used to conduct fire education programs for school-aged children.

The second, for $2,400, is a senior S.A.F.E. grant to conduct fire education programs for seniors, and also to purchase fire prevention items for the Halifax senior population.

According to Chief Stephen Silva of the Plympton Fire Department, they have applied for the same grant, as well, and are expecting to receive an award from DFS soon, although they have not received a decision letter yet.

A spokesman for DFS said the grant is non-competitive.

Chief Viveiros recognized Captain Matthew Cunningham and Captain Jeffrey Cuozzo for their work in obtaining the grant funds.

Halifax attorney suspended by SJC after lengthy investigation

By

Supreme Judicial Court Justice Kimberly Budd (Courtesy photo)

Halifax attorney Thomas J. Yelverton was suspended from the practice of law for three months Nov. 5, 2018, by the Supreme Judicial Court for Suffolk County after a lengthy investigation by the Office of Bar Counsel (OBC), according to a summary of the order of the court available from the Board of Bar Overseers (BBO) of the Supreme Judicial Court and the order of the court itself.

The suspension stems from when Yelverton was retained in November 2016 to handle the estate of a client’s mother. The client provided Yelverton with a copy of a will and other information needed to handle the estate. In November or December 2016, the client wrote a check to Yelverton for $1,000 as a retainer. On Feb. 27, 2017, the client met with Yelverton, signed forms at his request, and gave the attorney an original will and a replacement check for $1,000, the report stated.

Yelverton never provided his client with a written contract for representing the client and for the fees and expenses the client would be responsible for, according to the BBO.

In early March 2017, Yelverton stopped communicating with the client despite receiving repeated requests for information, according to court documents. On April 18, 2017, the client requested an update and the return of all files if the attorney was unable to move forward with handling the estate.

Yelverton never responded and did not complete the work for which he was hired in any substantive way. When he was notified that the OBC was investigating in November 2017, Yelverton returned the original will to the client, stated the report.

Yelverton failed to respond to bar counsel’s requests for information in the matter.

On Jan. 29, 2018, Yelverton was served with a subpoena issued by the BBO requiring him to appear, testify and produce records at the OBC concerning the matter. He never appeared, according to the board.

Yelverton was administratively suspended from the practice of law Feb. 26, 2018, for his failure to cooperate with the investigation. He also failed to comply with the provisions of the administrative suspension.

The BBO asserted that Yelverton broke the rules of professional conduct for attorneys through his actions.

On May 29, 2018, an attorney for the OBC began disciplinary proceedings by filing a petition for discipline with BBO. Yelverton did not participate in the disciplinary proceedings and was defaulted.

Then, on Oct. 11, 2018, the BBO voted to recommend that Yelverton be suspended from the practice of law for three months, the report stated.

Finally, Judge Kimberly Budd, Associate Justice of the Supreme Judicial Court, agreed, ordering the three-month suspension.

According to her order, he is required to file notice of his suspension with each court he has a matter before, inform all clients he has been suspended, refund any unearned fees and resign appointments with which he has a fiduciary role (such as a guardian or executor).

The OBC, an independent administrative body, investigates reports of attorney misconduct. When the OBC concludes that an attorney has engaged in unethical conduct under the Massachusetts Rules of Professional Conduct, the office will bring charges before the BBO, another independent administrative body, for adjudication. When misconduct is found, the board either imposes discipline or, as in this case, recommends to the Supreme Judicial Court that it impose discipline.

Yelverton had no prior misconduct, stated the report. His suspension ends in February, and his return to the practice of law is conditional, according to the court order.

Special Education budgeting needs to be individualized

By

Despite no major influx of new special education students to the Silver Lake district, Special Education Administrator Marie Grable said increases to tuition and transportations costs need to be addressed in next year’s budget for the 629 students in the program.

Estimates for next year’s budget were not ready to be discussed formally, Grable told the committee; they are still in the rough draft phase. In her presentation, she outlined some of the finances that need to be considered on a yearly basis when addressing a special education budget.

To begin the presentation, she highlighted that there isn’t a standard program that can be applied for all students in the special education program.

“Accommodations need to be individualized,” Grable said.

Specialization has its own challenges. For one, Grable said, developmental delays are often diagnosed anywhere from the age of 3 to 9. It can be hard to tell if a student is struggling with reading or if it’s because of some sort of developmental delay.

Committee Chair Jason Fraser asked about unexpected cost from students coming into the district mid-year. Unexpected cost can also affect a special education budget, she said. When a student from out of district from Plymouth for example moves to Halifax mid-school year, Grable said that student is already budgeted in Plymouth’s special education budget for the year. If the student is from out of state, the rule doesn’t apply, and Silver Lake would get an unexpected cost added to the current fiscal year’s budget.

The state does provide some relief with special education budgets, Grable explained. She said municipalities are responsible for the first $44,000 no matter what. However, the state does pay a percentage of additional dollars, but that rate is set on a yearly basis. According to Grable, she’s preparing for a rate around 55 to 60 percent.

Fraser reminded the committee that the district still needs to pay for that money because the state funding is a reimbursement given for the previous year.

Some of the district’s funding does come from state grants, though. The district gets two entitlement grants from the state. One of those grants is for a little over a $1 million statewide. The district gets a cut of that grant each year. That first grant, the district uses to help pay for the paraprofessionals at the schools. The second grant helps fund special education programs at the preschool level. Exact municipal numbers were not specified.

Grable spoke highly of the district’s special education programs. She was especially proud of the developmental learning centers at each school level (elementary, middle, high) district wide and how language-based learning programs were going. Grable said the language-based learning program has been implemented at the middle school successfully, and she hopes to do the same at the high school when the timing is right.

One thing she hopes to continue with, especially in the last years of high school, is remind students that once they turn 18, they are usually responsible for making sure they get the accommodations they need, especially at the college level.

“Colleges don’t necessarily look at IEPS, but do verify disabilities, so when students turn 18, they need to advocate for themselves,” Grable said.

A budget draft will be available at a later school committee meeting.

High School

Principal Michaela Gill presented formal requests to the school committee for some curriculum changes. One request was to remove the practical computing course. Gill spoke of students’ success in the other course computer applications, making the course unnecessary.

Another course change proposal was removing College Prep II Trigonometry from the curriculum.

“Let me explain the math behind this,” Gill joked.

Right triangle trigonometry is now taught in geometry to help students prepare for standardized testing.

“There’s not enough material to run a whole trigonometry class when it’s already in geometry,” she said.

The high school also received the following donations:

• $25 gift card from May Flower Municipal Health Group to pay for new cables for the library smartboard.

• Three residents donated vehicles for the high school’s automotive program.

Middle School

A middle school-level National Junior Honor Society is coming to the district. Pam Samford said the district will start putting this together after term two grades are in.

Samford said the honors society for seventh and eight graders will run much like the high school model.  After grades are in, eligible students will meet in the auditorium. They will have to complete community service, get teacher recommendations, and be interviewed. Students will be told if they will be inducted before April vacation and another ceremony will follow.

Friday’s winds topple tree onto shed

By

Friday’s wind topple tree onto shed at 12 Forestdale Drive, Halifax. (Photo courtesy Halifax Fire Department)

HALIFAX — On Dec. 22, 2018, around 3:30 p.m., Halifax first-responders answered a call to 12 Forestdale Drive for a tree toppled by high winds that had completely crushed a shed and ruptured a 250-gallon oil tank, according to Halifax Fire Chief Jason Viveiros on Wednesday.

Approximately 125-gallons of oil spilled before the department’s arrival, he said.

Firefighters were able to stop the leak by plugging the hole in the tank and applying a leak-stopping putty.

Williams Oil also responded and was able to transfer the remaining oil into a temporary tank, said Viveiros.

The Massachusetts Department of Environmental Protection was called to the scene by the Halifax Fire Department and they will oversee the cleanup process, according to Chief Viveiros.

Halifax Mobile Home Estates’ management hired a licensed site professional and Global Environmental Services to conduct the cleanup, he added.

No injuries were reported.

Child, 4, gives to HPD for others

By

Officer Michelle McIntyre and Halifax Police Dept. Administrative Assistant Antoinette Tripolone Ross fill their baskets at Halifax Walmart shopping for toys for children in need. All these were made possible by the donation of a 4-year old boy in Halifax. (Photo courtesy Halifax Police Department)

HALIFAX — In early December, says Halifax Police Administrative Assistant Antoinette Tripolone Ross, a four-year-old boy walked into the Halifax Police Station with his grandfather. The young boy wanted to make a generous donation– $100– to children less fortunate than him in the area, said Tripolone Ross, who was touched by the gesture.

“I had goosebumps. What a way to raise a child,” she exclaimed.

She accepted the donation on behalf of the department, which went to their gift fund. Under the direction of Chief Joao Chaves, the department decided to match the funds given by the child, bringing the total donation to $200.

Tripolone Ross and Officer Michelle McIntyre, the department’s School Safety Officer, contacted John Mather, the manager of Halifax’s Walmart Supercenter, asking if there was any possibility an employee discount might be used to extend the $200 and the number of toys that could be purchased.

The two were delighted to find out that Mather would instead match the money on behalf of Walmart, bringing the total donation to $400.

“It was uplifting. I was inspired,” said Mather. “Let’s keep this good thing going,” he said he thought upon hearing of the boy’s generosity.

Tripolone Ross and McIntyre spent just over $400 on toys for children in need. They were picked up by the Salvation Army for distribution, according to the department.

“We need more of this kind of stuff in the world,” said Mather.

The boy and his grandfather toured the police station, met Chief Chaves and posed for a photo in a police cruiser.

“Look at what he [the boy] started,” said Tripolone Ross. “I can’t wait for next year,” she added, excitedly.