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SLRSD pulls special legislation fast one: Did CPC postcard before Town Meeting break the law?

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PLYMPTON– Selectmen met in Plympton on Monday, July 25, and discussed a variety of topics, including a report from Finance Committee Chairman Susan Ossoff on the proposed sale of land to the Town of Kingston for the purpose of a police station, a post card created by the Community Preservation Committee before Town Meeting discouraging residents from voting to put a question on a future ballot to eliminate the CPC and whether it broke the law, and the fact that the town cannot find proper records documenting an earth removal operation by Jeff Randall, of Ring Road, and what to do about it.

SLRSD special legislation

According to Susan Ossoff, of the FinCom, the Silver Lake Regional School District pulled a fast one on Plympton and Halifax.

Officials from the Town of Kingston have wanted for some time to place a police station on a parcel of land owned by the Silver Lake District. During last town meeting season, all three towns composing the SLRSD were going to vote on whether to sell a parcel of land to Kingston. Articles were on the warrants in all three towns.

At the last minute, possibly sensing a lack of support, says Ossoff, Plympton (and Halifax) were asked to pass over the article, with the explanation from the SLRSD’s attorney that although the district can purchase land independently, it cannot sell it. Plympton and Halifax passed over the warrant articles.

Kingston did not, and narrowly voted against their own project.

Representative Tom Calter (D– Kingston) was asked to craft special legislation to allow the district to sell the property. Ossoff says this could have gone one of two ways, the first allowing a unilateral sale on the part of the district, and the second requiring the component towns to weigh-in on the matter.

For reasons unclear at this time, Calter chose the unilateral sale of the land.

“My problem with this is lack of process,” said Ossoff. “It’s a jointly held asset.”

The FinCom will write a letter expressing their displeasure. Halifax officials are expressing their displeasure as well.

Can CPC post card

be paid for by

CPC funds?

Can you use public funds in support of educating the public to promote a warrant article at town meeting? Yes, says CPC Chairman Mark Russo– although there is a cutoff. What about in a general or town election? No is the clear answer, he says.

But when a post card was mailed out by the CPC to ask residents not to vote at town meeting to put a question on a general election ballot to eliminate the CPC (and promote what the CPC does for the town), well, things become murkier.

“This is my fault,” said Russo. “I’m very sorry this even has come before the board…[w]e did do our due diligence.”

The CPC may have crossed a line when they mailed out an educational post card shortly before Town Meeting promoting the CPC. At the time, there was a citizen’s petition on the town meeting warrant that asked residents if they would vote to eliminate the CPC on a future general election ballot.

Four different state agencies could not determine if this was appropriate or not, including the Department of Revenue and the State Ethics Commission.

For the future, Town Counsel will be consulted for an opinion since there is no clear line in the sand at this time, even though the situation is not unique.

Randall Paperwork

The town cannot find appropriate records for the earth removal operations for Jeff Randall, of Ring Road, and they’re placing the burden on him to find them. They are also pressuring him to continue to “separate” his composting operations from his earth removal operation.

Randall isn’t taking this lying down, though. In polite terms, he stated that the town’s lack of record keeping should not be his problem.

“What you guys do is on you,” he said. “That’s not on me.”

He agreed to look into the matter, in a cooperative manner, though.

The board wants to know when he will finish excavating the earth, which he says he cannot estimate due to fluctuating market costs. He is in the process of building two bogs, but says they will not be operational until he knows he can sell the cranberries he produces.

“This never came up until I proposed a medical marijuana facility [on my farm],” Randall mentioned wryly.

No one present responded to the comment.

Choate of Tarawood Kennels told to hire sound engineer

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HALIFAX– At the continuation of a dog hearing on Tuesday, July 19, Jennifer Choate, proprietor of Tarawood Kennels, was ordered by selectmen to hire a sound engineer in order to keep her kennel license.

Neighbors, at a hearing that began last week but which Choate could not attend, complained of near constant barking that could be heard at all hours.

Choate says the dogs are indoors from 8 a.m. to 8 p.m., in an insulated barn– although the roof is not insulated.

The public did not testify as much as public officials debated Choate.

Selectman Kim Roy, who has been doing her own research on the barking by showing up at random times throughout the day and night, along with a dozen or so neighbors, say that there is a barking problem.  Neighbors say that they have put up with it for years.

Roy and Choate disagreed on whether there actually was a problem, with Choate stating that Roy was causing the dogs to “alert” with her very presence at odd hours, such as 4:51 a.m. as in one of her recordings. In that recording, one could argue that morning birds were louder than the barking, although barking could be heard.

“I wanted to disprove the barking, I really did,” said Roy. Choate “disagreed” with a lot that the board and her neighbors had to say.

Selectman Chairman Troy Garron relied heavily on the expertise of the Animal Control Officer Noreen Callahan, but Callahan stated that her concern was primarily for the animals’ safety, which was not the issue at hand.

While the other board members seemed as if they wanted to “prescribe” some solution swiftly, Selectman Tom Millias said he wanted to get away from prescribing a solution for a person’s business, because if it fails, “we will all be back in the same position again.”

The board came to a somewhat odd solution, which was to order Choate to hire a professional sound engineer to come up with  or help Choate to come up with a plan to mitigate barking noise.

She will report back to selectmen in one week on her progress.

Plympton Board of Health Meets: Progress on 59 Parsonage Road

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PLYMPTON– The Plympton Board of Health met on Tuesday, July 19, and discussed a variety of topics, most notably:

• Progress has been made on the closing of 59 Parsonage Road between the USDA and Richmond Poole. An attorney for Mr. Poole was present, and all agreed that the board would first inspect the property to find out if any remaining orders need to be complied with, and then move forward with removing trailers that were left on the property. Now that the process has been agreed upon, it is just a matter of carrying it out.

• Assessors still cannot get access to two homes on Maple Street to determine the number of rooms, which is directly related to the septic system.

• Although rats have been seen in the area, the rat infestation on Upland Road seems to be under control and continues to be monitored.

• The sale of the home on Grove Street where a dumpster company dumped the refuse in the driveway because the dumpster fee went unpaid has fallen through. The dumpster company is unknown, and the garbage has been bagged and is in the backyard of the home now. Ken Thompson of the Board of Health volunteered, on a one-time basis, to help haul away some of the trash, but wanted to make sure that a plan for getting rid of trash was in place for the future.

• A home on Mayflower Road that went into foreclosure also has a rubbish problem; this time trash was just left in the driveway. The lender will be contacted and asked to comply with code.

CPCWC will appeal directly to Brockton water users

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PLYMOUTH COUNTY– On Wednesday, July 13 the Central Plymouth County Water Commissioners met to edit a letter they are sending as a direct appeal to Brockton water consumers.

Only two of the four commissioners were present, although the third appeared by cellphone and the Brockton Commissioner did not attend the meeting.

The thrust of the letter is to make Brockton residents aware of the consequences their water consumption is having on neighboring communities, and their officials’ lack of a response to the issue.

Brockton, which can divert water from the Monponsett Lake into Silver Lake and pumped out as Brockton’s supply, is under the microscope as their diversions are blamed for keeping Monponsett Lake, especially West Pond, stagnant and unhealthy, encouraging cyanobacteria to reproduce.

This summer cyanobacteria numbers have soared as the temperatures have risen, causing MassDEP to recommend closure of West Pond.

This has done little to stop recreational boaters from using the pond, even fishing in it, despite posted warnings that the West Pond of the lake is closed.

A test on Monday, July 11th was even more disturbing than previous tests. According to the MassDEP and local officials, the West Monponsett Pond samples showed cyanobacteria levels of 1,174,000 cells/ml, up from 613,000 cells/ml at 4th Avenue Beach the week before. Last week, 592,000 cells/ml were found at the state boat ramp, and 632,000 cells/ml were found at Ocean Avenue Beach.

This is much higher than the cutoff rate of 70,000 cells/ml that the state considers for human safety.

The East Monponsett sample, collected at the Rt. 36 boat ramp, showed a cyanobacteria level of 14,500 cells/ml, up from 950 cells/ml the week before.

The Massachusetts Department of Public Health recommends that the current advisory remain in place, and the town is abiding by that recommendation.

MassDEP plans to collect samples again this week.

Eminent domain off the table: Plympton homes will not lose their Carver back yards

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PLYMPTON/CARVER– At a dramatic meeting of the Carver Urban Redevelopment Authority on Monday, July 18, Carver Town Planner Marlene McCollem informed the authority that it would take just a simple vote to redraw the lines of the area targeted for “redevelopment” in Carver around parcels that straddle the border, in order to get them off a list of properties slated to be taken by eminent domain.

They did just that in a shocking reversal, seemingly unaware of the ongoing discussions residents from Plympton had been having since January 2015, when they were told that they were abutters to an “urban renewal” project. Residents say they have been attending meetings for months to oppose the project, but the Plympton opposition seemed shocking to one member of the board.

Route 44 Development, the self-described “bullish” developer stated they never wanted anything to do with the Plympton parcels that showed up on a list of properties slated for possible seizure by eminent domain.

“65% of your property is in Carver, and you bought the property knowing that?” a board member asked Richard Jackson of Heather’s Path, Plympton, only to be chastised by the Carver Town Planner who noted that it, “is very common along our borders…” to have parcels in Carver and another town.

The Plympton residents have been bolstered by the support of Plympton Selectmen, and present were Christine Joy and John Traynor, who both spoke in support of Plympton residents who will be affected by the proposed large, mixed use development behind Montello Street in the north-west corner of Carver. Montello Street runs through both towns. Traynor spoke of protecting Plympton residents and Joy challenged planners to stop relying so heavily on Montello Street for their concept.

Although several residents of both towns expressed relief about the vote, many continued to express displeasure with the project in general.

One resident, from Carver, is fighting cancer right now as the developer is trying to reach a deal to buy their home. Two other residents from Carver have apparently reached settlements.

A Plympton couple from Montello Street say their mortgage is “underwater” because of the uncertainty with the project, which townspeople have said has always seemed somewhat half-baked to begin with, showing hotels on rivers that don’t exist, and so on.

Residents of Heather’s Path, all with Plympton addresses, don’t believe that any of them could sell their homes right now due to the situation and many have voiced their opposition based on the fear that their home values will plummet should the project move forward.

Benefit on Sunday to help Amy Breault

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PLYMPTON -The Amy Breault benefit event at the Upland Sportsman Club, Upland Road, Plympton, will be held Sunday, July 17, from 11 a.m. to 4 p.m. 

Amy, a resident of Plympton, was diagnosed with relapsing-remitting Multiple Sclerosis, which progressed to secondary-progressive MS.  She has been invited to Russia to take part in an experimental treatment to use her own body’s stem cells to treat her MS.  Because this highly effective treatment is not available in the United States, Amy will go to Russia to receive her stem cell treatment.

Amy, with her companion Brendan Bibaud, invites the community to join them at the Upland Sportsman Club in Plympton on Sunday, July 17, from 11 a.m. to 4 p.m.

There will be a DJ, raffles, and much more for a family afternoon for all ages.  There is no charge to come and meet Amy under the Upland Club Pavilion and lend support to her mission.

Optional tickets for the chicken bake dinner are $20 per person and can be purchased at the Upland Club or by calling Kim at (781) 585-5741.  All proceeds will go to Amy for her stem cell treatment in Russia.

For those who wish to help but cannot attend, donations may be made directly at http://www.youcaring.com/amy-breault-360701.

Eagle Scout Honored by BOS

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PLYMPTON– Selectmen met on Monday, July 11, and held a very brief meeting. Some topics of discussion were the recognition of Jake Ferguson for his Eagle Scout project, as well as the process for putting the town’s legal services out to bid and “office hours” for Selectmen.

Eagle Scout recognized

Jake Ferguson, of Brook Street, along with all the Boy and Girl scouts in Plympton, were honored by the Board on Monday night. Jake, for his Eagle Scout Project, designed and built a receptacle for use at the transfer station for holding old and worn out American flags before proper disposal by the Boy Scouts.

Flags that are worn out should be burned and the ashes buried, with respect and ceremony, according to the VFW.

Ferguson said the receptacle took him about 80 hours to build in his basement.

“We have such a strong scouting program,” remarked Selectman Christine Joy as she and the rest of the Board congratulated Ferguson for his hard work.

Legal services out to bid?

For some time, Selectmen have been exploring the idea of hiring Town Counsel at a flat rate, rather than retaining legal services hourly. They say they are hoping to find savings using this method, although Town Coordinator Dale Pleau has warned, “You get what you pay for.” The Board is trying to get the number down under $47,000, what they last paid to Kopelman and Paige, now known as, “KP | LAW”, the current Town Counsel.

The process for putting the service out to bid is the same as procuring any other service or item for the town, according to Pleau. He will draw up a request for proposal (RFP), which is a solicitation for bids, and advertise the RFP in legal publications. Prospective law firms will competitively bid for the contract.

There is no final draft of the RFP yet.

“Meet a

Selectman”

Selectmen have brought up the idea of holding “office hours” individually, but this is raising some legal questions as well.

The Board is supposed to deliberate about issues in public, and post them on an agenda 72 hours before they meet. If residents are bringing up issues in private, some question as to at what point an issue needs to be deliberated publicly arose, but the Board will have Selectman John Traynor consult with Town Counsel to discuss the matter.

The Town Coordinator thinks this is a non-issue, as citizens can have private conversations with each other without bringing something before the BOS, even Selectmen themselves– as long as they are not deliberating. Unless they discover something illegal going on, he reasoned, there is no reason they couldn’t have office hours and did not think there was any need to spend Town Counsel time on the subject.

• The Plympton Police Department announced they have a new summer intern. Anthony Dimari of Kingston, a UMass Dartmouth criminal justice student, has been with the department for about a month now, and will be working until Aug. 9. 

Chief Patrick Dillon stated that the purpose of the program is to expose students to the realities of the police profession and allowing the intern to deal with “non-critical” administrative tasks.

• Plympton Selectmen will next meet on Monday, July 25, at 6 p.m., Town House

Driving us buggy Gypsy moths begin egg-laying

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Motorists may have noticed lately that they’ve been driving through flurries of moths on the region’s roadways — the latest stage of what entomologists are calling the worst gypsy moth infestation since the early 1980s.

Those moths are now laying masses of beige eggs before they die off, leading experts to fear a worse infestation next year.

Hanson and Kingston are among the state’s communities seeing spotty damage from the moths that, in their caterpillar stage, can irritate more than one’s nerves. Tiny hairs on the caterpillars can cause skin irritations for some with allergies.

There may not be much one can do to combat them at this point, however.

“It seems like the consensus is that, because we’ve had two very dry springs in a row, the fungus Entomophiaga Maimaiga … needs a lot of moisture to get going and it has to happen early enough in the season — a nice, wet April and May,” said Tawny Simisky an extension entomologist specializing in woody plant entomology with the UMass, Amherst Center for Agriculture, Food and the Environment. The fungus is a natural enemy of the gypsy moth caterpillar that winters over in the soil and is most effective when it can get into the caterpillar population at an immature stage.

“Although we did see some of the fungus this year and we’ve had more reports recently about the fungus, it didn’t get kicked up into the population soon enough — or early enough — back in April and May,” Simisky said. “We didn’t have enough rain to have the fungus do enough damage to the gypsy moth caterpillars.”

Now the male moths are flying about seeking females with which to mate, as the females do not fly.

“They [caterpillars] were able to eat quite a bit,” Simisky said, noting her office has received a lot of reports about defoliation. “Unfortunately, we do not map it, but I do have some lists of towns [where damage has been reported].”

spotty damage

Besides Hanson and Kingston, there have been reports of spotty damage in, but not limited to, Sturbridge, Monson, Uxbridge, Brimfield, Charlton, Northborough, Westborough, Plymouth, Carver, Wareham, Sharon, Winchendon, Framingham, West Bridgewater, Braintree, Rowley, Georgetown, Ipswich, Newbury, Boxford, Topsfield, Gloucester, and Wrentham have reported continued and elevated caterpillar activity paired with defoliation this spring.

“Defoliation (mostly oaks) was observed by motorists driving in certain areas on Route 3 (Plymouth area), I-495 (Acton, Littleton, and Worcester areas), and the Mass. Turnpike (I-90) near Charlton. However, there have been multiple reports of gypsy moth caterpillars having fed on pines and spruce this season,” according to the Center for Agriculture, Food and the Environment’s periodic Landscape Message. A lot of calls were also received concerning the sound of caterpillar waste — known as frass — falling from the trees.

“It’s psychologically difficult for people to deal with, it seems,” Simisky said.

what to do?

What is a homeowner to do?

Some extension services across the country have suggested soap and water as an acceptable method for removing egg masses within reach. But Simisky said that is not a very effective method, instead recommending horticultural oil applied by a licensed company.

Simisky said each cluster laid by gypsy moths contains 500 or more eggs.

“Where folks are seeing a lot of egg masses being laid right now, that’s a likely sign that next season they’ll have a lot of gypsy moths again, unless we have a wet spring,” she said. “I’ve been advising folks to make their management plans now.”

The horticultural oils suffocate the egg masses, while soap and water requires one to scrape the egg masses into a container of the solution.

“That is really, I think, futile, labor-intensive work,” Simisky said. “You have to be able to reach every single egg mass and getting good coverage with those horticultural oils can be difficult, too.”

That’s where a Massachusetts-licensed pesticide applicator is important in targeting host trees that are covered in egg masses early next spring.

According to UMass entomologist Dr. Joseph Elkinton, Bacillus thuringiensis (B.t.), a low-toxicity pesticide option that only acts on moths and butterflies may be sprayed on susceptible host plants (such as oak) when gypsy moth caterpillars are still small and feeding. The compound is created from a naturally occurring bacterium that is relatively safe for other beneficial insects, but can harm pollinating butterflies.

“It is derived from a bacterium specific to that group of insects and is considered to be safe for people and pets,” Elkinton stated in a recent article. “There is nothing that can be done now to manage the adult moths.”

Wrapping trees in foil — as was the common “remedy” for saving trees from caterpillars in the 1980s infestation — is also considered ineffective today, Simisky said.

Barking dogs investigated

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HALIFAX– The Halifax Board of Selectmen met and debated a number of items on Tuesday, July 12, although half of a dog hearing, the eighth meeting with Scott Clawson regarding his horse show consent agreement, and the second part of a multi-part earth-removal hearing for the Morse Brothers Cranberry company dominated the discussion.

Dog hearing

Scott Clawson and several neighbors brought forward a dog noise complaint against Jennifer Harmon-Choate, who operates a kennel neighboring Clawson’s property.

Harmon-Choate was not available for the hearing, despite being notified, according to Town Administrator Charlie Seelig.

Despite Ms. Harmon-Choate’s absence, the Board opted to collect evidence, and then continue the hearing until she could be present.

Several neighbors spoke of excessive barking at the kennel, including Clawson, at all hours of the day or night. Clawson’s son even had made an audio recording that he played from for the board.

A neighbor spoke of her children being afraid to play outside due to the noise of barking dogs.

Selectman Kim Roy had done some sleuthing of her own as well, recording audio at various hours of the day, including a recording at 4:51 a.m. where dogs could be heard loudly barking, allegedly from the kennel and recorded at different parts of Clawson’s property.

The hearing was continued.

Fieldstone Farms

The Board and Scott Clawson are very close to agreeing on a new version of the consent agreement Clawson operates under for his horse shows at Fieldstone Farms.  This was the eighth meeting on the subject.

Although the language between the attorney for Clawson and the attorney for the town is close, they have not yet executed a contract, and Clawson sought temporary reprieve for the rest of the summer, adding two show dates, and raising the number of overnight RV’s on his property to 15 for those dates.

The board granted his requests.

Clawson was originally called before the board for advertising more shows this summer than allowed in his agreement with the town, but turned this into an opportunity to negotiate a new contract.

The Board did negotiate further with Clawson and his attorney, and they will be back to, hopefully, execute a new agreement on July 26.

Earth-Removal hearing

The Morse Brothers Cranberry Company, represented by GAF engineering and Bill Madden, was before the Selectmen again to address concerns regarding an earth-removal permit sought by the company for their cranberry operation.

The cranberry growers claim that in order to produce a greater yield, that it is necessary to remove a particular hill and they would like to remove 41,600 cubic yards of earth from the hill in the center of the bogs.

Lingan Street would be the main route for trucks removing the earth, and neighbors and abutters are concerned about such a large amount of truck traffic. They also said they are worried about the vibrations this would cause to their homes, water mains and gas lines buried underground.

Lingan Street is very narrow, said Selectman Chairman Troy Garron, who lives in the area.

Most of all, neighbors were worried about children in the area of large vehicles. Several insisted that truck traffic only be allowed during school hours, when children are not outside playing.

Neighbors seem to be amenable to the project, several noting that Morse Brothers Cranberry Company has been good neighbors to them in the past.

The scale of the project is confusing, though, as various numbers of round-trips have been proposed, ranging from 1,600 to more than 2,000, depending on the size of the truck, and as well a loose time-frame as there is no current destination for the soil.

“It feels like the numbers are being played with,” said Rich Holmes of 13th Avenue.

The hearing was continued.

Special Town Meeting

The Selectmen have called a Special Town Meeting for Monday, July 25, 2016 at 7:30 p.m. in the Multi-Purpose Room of the Halifax Elementary School, 464 Plymouth Street. A copy of the warrant can be read on page 11 of this newspaper or downloaded online. Warrants will also be mailed to all residents the week of July 18.

There will be a voter registration session on Friday, July 15 from 8:00 a.m. to 8:00 p.m. at Town Hall.

Plympton Girl Scout Bridging at Harry Jason Park June 17

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Friday night we had the Plympton Girl Scout Bridging at Harry Jason Park in Plympton. Daisies to Cadettes were there for the ceremony Scouts hold to wrap up the year of scouting and for a couple of the troops it was their turn to bridge to Brownies, to Juniors and to Cadettes.

After the ceremony we all enjoy some s’mores and for the second year in a row we’ve had a camp out for those who want to spend the night. We had about 15 families spend the night. It was a beautiful night up until the thunderstorm came through but it didn’t put a damper on the fun.