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Halifax ATM: One and Done

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HALIFAX– On Monday, May 9, Halifax voters gathered at the Halifax Elementary School for the Annual Town Meeting and Special Town Meeting.

The meeting began promptly at 7:30, with an initial turnout of 129 voters, according to Town Clerk Barbara Gaynor. John Bruno, Town Moderator presided over the meeting. All warrant articles for both the ATM and the STM passed except for three that were passed over (not voted on). Two articles warranted enough controversy for a standing vote. Discussion was centered on a handful of financial questions, although as the hours progressed and citizens seemed to get tired, questions and objections quickly died down.

Wage and

Personell

Debate began almost immediately, on Article 2, which had six sub-sections. Curt Maclean of Holmes St. objected to the first section, regarding cost-of-living raises for non-union personnel. The Wage and Personnel board proposed the article, which included a 2% increase in wages, and made minor changes to the Building and Maintenance Department employees’ clothing allowance, the sick leave bank, vacation leave and educational incentives.

Maclean stated that Halifax already had the highest tax-rate in the county, and that senior citizens were being “forced out of Halifax.”

Kim Roy, Selectmen Chairman, countered that insurance rates were going up astronomically for employees, and that even with a 2% increase, most would be taking home less than in FY’16. “We have to retain talented personnel,” she said.

The Finance Committee did not recommend the 2% increase, appealing to voters for a 1% increase instead.

The article passed with the 2% increase, and all six sub-sections passed as well.

Budget

Of the 157 line items in the $21,879,275 budget, only seven were held for discussion. Several residents had easily answered questions, and most of the seven holds did not generate much discussion. Two, however, sparked controversy.

The first involved an approximately $2,000 increase in the wages budget for the Council on Aging, which Director Barbara Brenton said was needed to pay bus drivers and could not be funded in any other way. She noted that the CoA uses up less than 1% of the entire town budget. The finance committee refused to recommend the article despite Brenton’s several pleas that elderly residents with no other means of transit were missing medical appointments.

Despite FinCom’s firm stance against transport for the elderly, the voters passed the increase.

The Snow and Ice budget line item also prompted controversy, with Kurt Boettcher of Hayward St. getting into an involved discussion with Town Administrator Charlie Seelig regarding how snow-removal money is appropriated, which is slightly different legally than with money set aside for other purposes– due to the unpredictable nature of the weather. Boettcher said, “The President of the United States tells us that we have global warming,” and essentially argued that since it didn’t snow much this past winter, it would be foolish to set aside the same amount of money this year as for last year. Another resident wanted money to be recouped after the winter, rather than appropriating it beforehand.

The long arguments didn’t convince the voters, and eventually someone apparently had heard enough to prompt him to “move the question”, which is a vote to end discussion and then to vote on the question at hand, which passed unanimously, as did the rest of the Public Works–Highway section of the budget.

Other notable

articles

Articles 7-12 were all passed unanimously, with the exception of Article 8. They fund the collective bargaining agreements with unionized personnel. Article 8 was passed over because negotiations with Halifax’s three unionized public safety dispatchers have not concluded, although selectmen noted that progress has been made.

Articles 18 and 19 help fund local non-profits. Article 18 asked voters to raise and appropriate $3,500 for the South Coastal Counties Legal Service, Inc., which provides legal services in civil matters to the elderly and low-income families. Article 19 asked the voters to raise and appropriate $3,500 for the South Shore Women’s Resource Center which supports victims of domestic violence and prevention programs. Kurt Boettcher of Hayward St. asked if the town could be sued for supporting a center that only assists women (which according to their website, they do not). The answer from town counsel was an emphatic, “no,” as Halifax was not involved in any of the non-profit’s operations. Both articles passed unanimously.

Article 21 bought the Police Department two new marked cruisers, which they typically ask for each year as they retire older vehicles. Jason Conroy of Jordan Road wanted to know if the town could achieve some savings through fuel-efficiency by using sedan-based cruisers. Police Chief Edward Broderick said that having a fleet of vehicles that were all the same achieved efficiencies, and that it would be going, “a step backwards,” switching from all-wheel drive SUVs to sedans or a mixed fleet.

The Fire Department also received everything on its conservative wish list (Articles 23-27). They annually ask for about $10,000 to replace worn-out gear, but this year they also asked for $5,000 to replace computer equipment that is for emergency medical use. They also asked for and received $45,000 for a new command SUV, to replace the current aging SUV.

Article 34 adopted a state law that gives a yearly $1,000 bonus to the principal assessor for holding and maintaining professional certificates. This is already done for the Treasurer and the Town Clerk. The finance committee did not recommend the article, stating that if the certificates were mandatory for the job, the bonus should be built into the compensation package. The voice vote was too close to call, but the standing vote passed, 39 to 28. Article 35 raised and appropriated the $1,000, which passed by majority, as well.

Article 37 was passed over, which would have “accepted” two roads in a development. The developer has not completed work that the Water Department requested, therefore, the roads cannot be accepted.

.75% Meals Tax adopted

Article 39 passed by majority, with no discussion, implementing a .75% meals tax on restaurant meals.

Article 44 was passed over, which involved a potential land-sale from the SLRSD campus to the Town of Kingston for the purpose of building a new Kingston Police Station, due to last-minute legal confusion over the sale. (See accompanying article).

The marathon meeting ran quite smoothly, and concluded shortly before 11:30 p.m.

Cicone runs for HES school seat

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Dear Halifax Residents,

My name is Kim Cicone and I am running for Halifax Elementary School Committee.  I am running for School Committee because I am a concerned parent and taxpayer.

In the seven years that my children have been at HES I have been an involved volunteer at the school. I have spent the past four years on the board of the HES PTO.  I spent two years as the President and the past two years as the Vice President.  During this time I have worked closely with the administration and have a good idea of how the school is run.  I also have a close relationship with many of the teachers and students at the school.  In addition, I have been the Secretary of the HES School Committee since August 2015.  Prior to my involvement with the PTO I was on the Board of Trustees of the Holmes Public Library for four years.

I hope to add the voice of a parent to the School Committee (currently only one of the five members of the committee has children in the school).  I would like to look out for the best interests of our students and teachers while keeping an eye on the budget.  In attending the School Committee meetings over the past year it seems that not all of the Committee members have the best interest of the students in mind when making decisions. I sincerely hope that adding my voice to the committee will change that.

Thank you for your time and if you have any questions please feel free to contact me at kimander@yahoo.com. Also, please keep an eye on the election news so you can make an informed decision on Election Day, May 14, 2016.

Sincerely,

Kimberly Cicone

Parks Opening brings 100+

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By Alan Wheelock

Special to The Express

Despite some damp weather, more than100 people turned out  on Saturday afternoon, April 23, for the official opening and celebration of Plympton’s new parks. Visitors wandered throughout the network of trails and marveled again at the 600 foot long boardwalk that carried them comfortably across the wetlands surrounding Jones River Brook.. Since the trails, boardwalk and park benches were completed late last fall, the Parks have received steady use and drawn consistent praise from the townspeople who visit and see the beauty of Churchill Park, the impressive contours of Cato’s Ridge, and the expansive, picturesque views in the O’Neil Marsh.

The event started at noon. Residents gathered in what is known as the old gravel pit area, where a flatbed truck served as a stage for the The Keepers, a local acoustic bluegrass brand who provided entertainment. Children in attendance were excited to go off on a scavenger hunt (designed by Alison McSweeney and town librarian Deb Batson) that helped them learn about many of the natural features to be found throughout the park.

At 1 PM, Open Space Committee Co-chairs Vicki Alberti and Linda Leddy asked about 25 people who have been especially important to the Parks’ creation to join them up on the truck bed. Alberti kicked off the ceremony with an enthusiastic welcome to all the attendees, thanking everyone for their support these last 4 years, and reminding them that these 105 acres were acquired by the town for $20,000, thanks to Community Preservation Funds.

She then introduced Leddy, who began with a tribute to the late Gail Briggs, a Plympton Open Space Committee member whose forward-looking vision was the inspiration for the Parks creation. Leddy then introduced several individuals who made key contributions to the Parks’ creation. The first of these was Beverly Messinger, who worked with the town to ensure their family lands on Main Street would become a park.  The Messingers are descended from one of Plympton’s founding families, the Churchills.

Leddy then reiterated Plympton’s gratitude to Congressman Keating for his crucial help early in the project, when he facilitated solving an unforeseen issue with the IRS. The Congressman noted that the Parks were an outstanding accomplishment, especially for a town as small as Plympton, and that he was very proud of what a dedicated group of citizens had accomplished. He also spoke about the importance of conserving land, giving families a place to enjoy the outdoors and leaving a healthy environment for future generations.  Hearing children in the distance playing and laughing on the scavenger hunt, he remarked “That’s what it’s all about!”

The Wildlands Trust and the Compact of Cape Cod Land Trusts both received warm thanks for their ongoing technical services to help the town acquire and manage the Parks. Mark Robinson, Director of the Compact, commented “I am very jealous of Plympton.  You managed to create a 105-acre park for $20,000, and I cannot believe you have done it all with volunteer labor.  I work on the Cape where we recently spent two and half years raising $1.8 million to preserve 19 acres!”

Fieldstone Farms agreement re-do; MWA toxin warning

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HALIFAX– On Tuesday, May 3, Halifax selectmen met after a long break, and discussed two major issues in Halifax: the horse shows at Fieldstone Farms and modifications to the legal agreement that governs them, and a presentation from the Monponsett Watershed Association regarding the potential dangers of cyanobacteria in Monponsett Lake.

Fieldstone Farms

legal agreement

Scott Clawson, proprietor of Fieldstone Farms, accompanied by his son Shawn, came before the board for a public hearing regarding changes that he would like to make to the more than 20-year-old legal agreement between the farm and the town that governs the horse shows he puts on throughout the summer.

Clawson, who set off red-flags among town officials by advertising more shows than were allowed in the agreement this year, managed to turn the verbal chastising he got from the board for that transgression into a full-blown discussion about changing the contract.

This was the latest of several meetings where Clawson, his attorney and the board tried to painstakingly work out the details of changes that Clawson would like to see. Clawson was not accompanied by his attorney on Tuesday, claiming that both were not aware of the date.

Clawson was present at the meeting, as was his attorney, when the date for this public hearing was set, and several neighbors of the property were there to express concerns and ask questions.

Some of the many topics debated were the definition of a “warm-up day” for the horses, increasing the maximum number of show days, raising the maximum number of horses allowed for various shows, provisions for signage and shrubbery, allowing more RVs to house security staff on-premises, whether radios and open fires could be used, and changes to the type and number of vendors. Alcohol, and previous violations were also part of the discussion.

None of these issues

was resolved.

While Selectmen Troy Garron and Tom Millias observed most of the hearing, Selectmen Chairman Kim Roy presided over the hearing, and Town Administrator Charlie Seelig was quite vocal, frequently speaking back and forth with Clawson.

Neighbors were not shy with their suspicions of changes to the agreement because of their concerns regarding traffic, noise, and litter.

Roy wrapped things up after more than an hour of discussion, telling Clawson to come back with a new draft agreement, that addresses the concerns, and they can then pass them along to town counsel– again.

The original agreement came into being when the Halifax Building Inspector took action against Fieldstone Farms 23 years ago.  Following litigation, a settlement was reached with the town.

The agreement, signed by Clawson, the Board of Selectmen, the Zoning Board of Appeals and the Building Inspector, has been in force since then, and changes, if the board agrees to them, will have to be agreed to by the courts.

  Monponsett

  Watershed Association

Paul Collis, president of the Monponsett Watershed Association (MWA), presented scientific information that his organization had discovered to the board. The research shows a correlation between cyanobacteria (also referred to as blue-green algae) toxins, which are found in the lake and may become airborne– to ALS and Alzheimer’s Disease.

The research, conducted by Dartmouth University and the University of New Hampshire, and reported in various news outlets prompted the MWA to release a statement regarding the perceived threat, which Collis read to the board:

“Previously public health authorities warned that physical contact with water containing high levels of cyanobacteria could cause skin rashes, gastric distress and/or respiratory problems.

Now research is showing that the cyanobacteria toxins can become airborne and can afflict people who have no physical contact with the water. Moreover, this research shows a correlation between these toxins and devastating afflictions such as amyotrophic lateral sclerosis (ALS) and Alzheimer’s.

The cyanobacteria toxin research has shown that people can be afflicted by the toxins even if they do not live near the water bodies. One study suggests that the toxins have a range of 18 miles. Additionally, studies have shown that crops (lettuce, blueberries) irrigated with algae laden water contain the toxins.

According to the Collis, cyanobacteria thrive in conditions where there are nutrients, warm temperatures and stagnant water.

He faults a cranberry bog on West Monponsett Pond that has the right to take and discharge water from and into the lake, as well as septic systems and storm-drain runoff for these nutrients. This all increases phosphorous in the lake, which helps cyanobacteria to thrive.

“We don’t want to be

alarmist, but this

research is alarming.”

They also, as Selectmen appear to, blame the City of Brockton for part of the water quality problems. Brockton has the right under a 1964 law, under certain conditions, to divert water from Monponsett Lake via Silver Lake into their drinking-water supply.

The MWA blames Brockton as well for artificially manipulating the water levels in the lake in order to meet the requirements for diversion laid out in the law.

Every summer since 2008 one or both of the Monponsett Pond basins has been under a public health advisory from the Massachusetts Department of Public Health (MDPH). In 2015, MDPH tested West Monponsett Pond for 175 consecutive days, June-November, and a public health advisory was issued for 133 of those days,” said Collis.

The MWA has six demands, he went on:

“1) Regular, state funded testing at Monponsett Pond year ‘round;

2) No diversion of water from Monponsett Pond if testing shows an algae bloom above the MDPH guidelines;

3) No diversion of water from Monponsett Pond after May 1 and fully open all gates in the Stump Brook Dam to promote natural water flow and combat stagnant water;

4) Require the coordination of discharges from the Winebrook Bog on West Monponsett Pond and the opening of the gates of the Stump Brook Dam throughout the year. Reports on coordinated discharges must be submitted to the DEP and/or the Central Plymouth Water District Commission

5) Eliminate the use of phosphorus in fertilizer at the Winebrook Bog and upstream bogs that flow into West Monponsett Pond because phosphorus is the prime nutrient in blue green algae growth and is banned from residential fertilizer in Massachusetts; and

6) State funded aluminum sulfate treatments in Monponsett Pond to combat cyanobacteria that exists in the Pond.”

Halifax Health Agent Cathy Drinan has noted in the past that regular testing is done to determine if toxins produced by cyanobacteria are in the air around the lake, and states that they have not been found in the air.

She was also quick to highlight that the preliminary links to disease found in the research cited by the MWA did not necessarily prove causality between airborne toxins produced by cyanobacteria and the diseases mentioned, just a possible correlation.

While the research is certainly cause for concern, the issues surrounding the water quality at the Monponsett Lake are multifaceted, and the public should follow guidelines issued by state and local officials as they are issued.

At this time there is no known danger in breathing the air around the lake, according to Drinan.

Collis ended by saying, “We don’t want to be alarmist, but this research is alarming.”

• The Halifax Annual Town Meeting and Special Town Meeting will be held Monday, May 9, beginning at 7:30 p.m. in the multi-purpose room of the Halifax Elementary School, 464 Plymouth St., Route 106.

Please don’t take my house!

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PLYMPTON– On Monday, May 2, a new controversy reared its head before the Board of Selectmen. Increasingly, issues in Plympton that the board has no jurisdiction over end up before them at informal hearings, allowing the public to voice their opinions, but leading to little in the way of concrete action.

The major issue before the Board on Monday involved a commercial development project  entirely outside the town limits of Plympton, and it is not clear why Plympton abutters to the Town of Carver appealed to Plympton selectmen, but none-the-less the meeting room was full.

Commercial Development

A developer who own property in Carver, Route 44 Development, has proposed several projects over the past year that would be assisted with state urban redevelopment grant money.  Residents who live near the Plympton/Carver border on Montello Street and Heather’s Path are concerned.

The latest iteration of the proposal, which includes a hotel and a mall, made some residents nervous because, they say, at a Carver Planning Board meeting the words, “eminent domain” were used in conjunction with the project, and 12-16 properties were listed. Eminent domain is when the government takes a property for public use, or in this case, commercial development.

According to residents, a U.S. Supreme Court case involving New London, CT, granted this expansion in eminent domain powers of governments, allowing private property to be taken for commercial development if it benefits the city or town. Although only two Plympton residents have properties which straddle the Plympton/Carver line that were on the original list of properties being considered for seizure by eminent domain, they are fearful, as are their neighbors, that their properties could be the ones selected.

Carver Selectman Alan Dunham was in the audience to allay some resident concerns, and the Plympton board allowed him to address the room. While he noted that the Carver developer has a right to build on his property, he said that 0-3 properties would be considered for seizure via eminent domain. He also noted that Carver would have no power to use eminent domain to take property physically in Plympton.

Dunham says that the project will not include a hotel, and is still in the early stages of planning. As the Carver Redevelopment Authority is providing assistance, the plan must first go from that board to the Planning Board to assure that it fits in with the town’s master plan, and then to the Carver selectmen, who would hold a hearing, and only then on to the state for approval for urban redevelopment funding.

Brian Cherry, of Trout Farm Lane, a candidate for Selectman, asked Dunham whether he was ready to support a project that would take, “half of this man’s property,” referring to one of the two border-straddling residents. Dunham was careful in his response, stating that he couldn’t lock himself in as he hasn’t seen a final plan. He also noted he was speaking personally, not on behalf of his five-member board.

The neighbors opposed the development in general, although from what they said it seemed as if many of them could have accepted living with the original, smaller plans for a two-building distribution facility in their backyards, which they were first notified about in May of 2015, they say.

The scale of the current plan is what appears to have struck a chord with so many, despite Selectman Dunham’s assurances that the current plans are a stretch– although the eminent domain issue certainly looks to be a real fear.

Lisa Maffioli, of Heather’s Path, characterized the project as a “monstrosity,” as well as a, “safety issue.” Jean Winslow, also of Heather’s Path, said she had received a notice from the Carver Planning Board that up to 30-50 trucks would pass through the Plympton section of Montello Street during the construction phase.

Some residents even suggested physically blocking off Montello Street at the Carver line, essentially creating a very long cul-de-sac from Route 58 to the end of Heather’s Path, but Town Coordinator Dale Pleau said that this could not legally be done for safety reasons. He also mentioned a statutory limit for the length of cul-de-sacs.

He did mention that the functional equivalent could possibly be achieved with signage designating the Plympton portion of Montello Street as forbidden to “thru-traffic”.

What began with residents and a lone Carver selectman arguing in the hallway ended in a civilized, if passionate discussion, and residents were respectful to each other, the board and to the visiting selectman.

There was a palpable sense of relief from those gathered that their concerns were being heard, even though the Board of Selectmen has little to no authority over the situation.

As the selectmen were also meeting the next day to finalize preparations for Town Meeting, much of the rest of the agenda was moved to Tuesday, and the meeting ended shortly after the hearing.

• The Plympton BOS next meets on Mondays, May 9, May 16, and May 23 at 6 p.m.

First Saturday brings first class guitar performance

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First Saturday at the Plympton Public Library brought many patrons to hear a classical guitar performance by Glorianne Collver-Jacobson, a recent Plympton transplant, whose considerable education in music entertained many at the library for more than an hour.

Collver-Jacobson grew up in California and received her B.A. in music from the University of California, Berkley.  She took her junior year abroad in France, and summer in Spain.

Her classical guitar studies began when she was 14 and continued in Barcelona, Spain with Renata Tarrago.  She took international Master Classes with Julian Bream, Antonio Laro, Alirio Diaz and Manuel Barrueco, augmenting her training.  She also studied lute with Eugen Dombois and Hopkinson Smith at the Schola Cantorum Basilliensis in Basel, Switzerland.

Glorianne lived in Europe for some time, continuing her studies in music and also teaching.

After returning to the United States, she and her husband moved to New England in the 1980s, and moved to Plympton last July.   

She has performed in concert in Europe and the United States, both as soloist and with other artists.

Glorianne is a Senior Music Performance Faculty at Wellesley College teaching guitar and lute, and coaches ensembles for the Mather Chamber Music Program at Harvard University.

She promises to keep us informed of other concerts planned in the area.

Plympton Selectmen set warrant

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PLYMPTON– Plympton Selectmen met on Thursday, April 21 and Monday, April 25 and despite discussing a proposed medical marijuana grow-facility at both meetings, also discussed other town business.

Town Meeting Warrant

The Selectmen have closed both the Annual Town Meeting and the Special Town Meeting warrant for 2016 on April 25. The ATM includes, in addition to its 41 articles, ten citizens’ petitions as well. The STM contains nine articles. The meeting will be held at the Dennett Elementary School, Wednesday, May 18 at 7 p.m.

Randall Gravel Permit

Jeffrey Randall, of Ring Road, has been operating a gravel excavation business without a town permit since October 2015, something that neighbors opposing his proposed medical marijuana grow facility brought to light. He has had gravel removal permits from the town before, and never allowed them to expire, officials say. Randall asserted that it was something that had just slipped through the cracks.

The BOS voted to approve his permit renewal application pending a satisfactory site-visit by Selectperson Christine Joy. Joy conducted the visit between the two meetings and reported at the second that she found no issues with Randall’s gravel removal operations.

Town Clerk Seeks Website Assistance

Town Clerk Tara Wick reported to Selectmen that she has been volunteering a lot of her time maintaining the town’s website. Noting that all department heads and many committee members have passwords and user-privileges to modify and update sections of the website that pertain to their department or committee.

Wick stated that she hoped that more department heads and committees would take on this task themselves, saying that she would post instructions or help anyone that felt uncomfortable making changes. She also said that many had already taken a class from the company that provides the website service to the town.

Next Meetings

The Plympton BOS will meet next on 4/25, 5/2, 5/3, 5/9, 5/16 and 5/23 at 6 p.m., with the exception of 5/2 when they will begin at 5:30 p.m. The meeting on 5/3 is to meet with town counsel in preparation for the Annual Town Meeting and Special Town Meeting.

Drug OD calls Sharply rise

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Halifax Fire Chief Jason Viveiros says that his department responded to ten calls for overdose-related emergencies in a recent 12-day span. The spike is part of a two-year trend showing a marked increase in the frequency of overdose calls, he says.

Of these ten recent calls, two were for accidental overdoses of prescription medications. The rest were for overdoses of illicit drugs. Four calls were on Monday, April 25 alone, in a less than a four-hour period.

The patients ranged in age from 24-65.

Viveiros also noted that emergency responders were seeing the same patients with increased frequency.

Noting a lack of resources to help people struggling with addiction, he said that some people have addiction issues and their families don’t have the financial resources to get appropriate treatment, which may be one of the causes of those who repeatedly overdose.

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.