Morse Brothers, Inc. and the town of Halifax will meet once again in the courtroom to settle their grievances.
Morse Brothers, Inc. and the town of Halifax have an increasingly complex history that goes back decades and is most recently highlighted by a public earth removal hearing and now a lawsuit against the town brought forth by the cranberry growers. The issues at play are myriad and echo an overall conflict that is playing out throughout Southeastern Massachusetts. On one side are the cranberry growers, particularly the small farms, that are claiming to attempt to maintain what is seen by some as a dying industry. There are residents concerned with how those farms’ practices affect their access to things like clean water and safe roadways. Still another side are the environmental groups that claim that the sand and gravel mining being done by the farmers is unnecessary and dangerous to the environment.
Back in November, the Halifax Board of Selectmen issued an earth removal permit to Morse Brothers following the public hearing. The current permit is to remove 20,000 yards of earth from a hill and does not include excavation below grade or into the water table. After hearing residents’ concerns, the Selectmen imposed a number of restrictions on the permit including limiting truck traffic to a maximum of 25 trucks per day as well as imposing strict limitations on hours of operation. There are additional restrictions regarding truck coverings. Morse Brothers states in their suit that the restrictions on Morse Brothers, their trucks, and their drivers go above and beyond what is prohibited by law on public roadways.
In the suit, Morse Brothers allege that for decades they engaged in “routine farm maintenance” including the removal of sand, without it being suggested that their activities were subject to the earth removal bylaw or could potentially be prohibited by the town. Morse Brothers allege that the Board of Selectmen’s insistence that they apply for earth removal permits was a direct result of complaints from a small number of residents concerned with truck traffic and damage to roadways.
In October of 2023, Morse Brothers requested exemption from the permit requirements of the town’s earth removal bylaw but were not granted it. Morse Brothers has cited concerns that the application of the bylaw to their ongoing cranberry bog maintenance has “unreasonably infringed on protections of land uses for the primary purpose of agriculture under State law.” They argue that the conditions imposed upon them unreasonably interfere with “activities integral to farming” and will cost their business significantly.
Jeremy Gillespie, who serves on the Zoning Bylaw Review Committee as well as the Beautification Committee, has been an outspoken opponent of the earth removal. According to Gillespie, the Board of Selectmen don’t have the authority to grant a permit for this particular operation as the hill is in the Aquifer Protection Overlay District which allows for stricter constraints on land uses in order to protect water resources. Halifax is a right-to-farm community which is intended to protect agricultural enterprises from unnecessary interference including from abutters. Gillespie believes that the town issued the permit despite protests from residents because zoning restrictions can’t unreasonably regulate farming. “It can reasonably regulate farming,” Gillespie said with emphasis on the reasonably. He continued, “It’s not unreasonable for us to want to protect our aquifer.”
While Morse Brothers insists that the removal of the earth is necessary from a farming perspective to support their cranberry activities, there are those who believe that these types of projects have a different goal – to turn a profit on mined sand and gravel. A public earth removal hearing was recently held in Kingston for PK Realty Trust where environmental attorney Meg Sheehan spoke out against earth removal. Sheehan, who was not speaking on the Morse Brothers project, but the PK Realty project said, “This project appears to be one more ruse to get the sand and gravel out of there… I have seen 100 of these ruses… enough is enough and we are drawing the line.”
Sheehan urged residents to visit https://www.sandwarssoutheasternma.org/. The cover page of an 84-page report on that website describes it as “An investigation into the money, politics and corruption behind sand mining and its silent environmental crisis in Southeastern Massachusetts.” Of the mining, Gillespie said, “Obviously the state is looking the other way; they need a cheap source of local concrete to build houses, you know?” Gillespie implied that cranberry growers are choosing the highest elevations to place bogs saying that they can make money from the excavated sand while breaking even on the cranberries.
While Gillespie believes that this particular earth removal project by Morse Brothers is likely not being done to turn a profit on mined soil and sand, he does question if past projects by them were. According to Gillespie, they removed a large hill in 2015 that Morse Brothers claimed was shading their bogs. Gillespie insists that the hill was always there and the removed earth was likely sold for profit. Regarding the current project he said, “If you needed the sand, why didn’t you keep some of it? They sold it for profit; they didn’t expand their bogs; they didn’t improve it for production.” He acknowledged that some of the removed earth is likely being used for agricultural purposes like reconstructing bogs to raise them to elevation in order to plant a new variety of vine. Certainly, the application of sand to cranberry bogs is part of a regular farming process. Gillespie questions, however, why the sand needed to do so can’t simply be purchased by either the cranberry grower or the town if it meant protecting the water source. “When they apply for all these grants that they’ve received over the years they always put sand as an expense – a huge one, but from what I’ve seen, it’s free to them… so that’s kind of the town’s argument too, we’re not making it for you not to be able to farm, if you just need sand, just go buy sand, you can always buy sand; nobody is preventing you from buying sand,” Gillespie said.
Gillespie said that there have been no environmental studies on what removal of these uplands is doing to the lakes. “You don’t have lakes without the uplands that surround them… I don’t know that there is much history of people doing this,” he explained. He noted that the sand is always leaving the property rather than being brought to it. “The less sand you have… the less filtered your water is; sand is an excellent water filter,” Gillespie said. Referring back to the reasonable versus unreasonable argument, Gillespie said of the 165,000 cubic yards removed from Halifax’s division II water protection zoning overlay district, “it’s not unreasonable not to want to continue removing sand that filters our water considering all of the problems that we are having right now.” Residents have taken to the Halifax MA Community Facebook page to post pictures of their excessively dirty water filters. Gillespie said that he would like to see the town or Morse Brothers bring in a hydrologist to properly investigate the effects of the earth removal on the surrounding water.
“Nobody knows… when you’re taking down these hills that have been sitting there for 20,000 years, you’re disturbing the balance that’s in the soil, you’re disturbing iron and other stuff that may have been deprived of oxygen and you’re introducing it to oxygen and then you get iron oxidizing bacteria… when you’re taking down giant glacial hills right next to the lake, there’s going to be effects and you might not see those effects immediately; you may see them in 20 years,” Gillespie said.
While the town imposed restrictions on Morse Brothers around truck traffic, etc. their position on the earth removal’s effect to the town’s drinking water remained clear. During the meeting where the Halifax Selectmen issued the now disputed earth removal permit, Selectman Jonathan Selig said, “this project has been reviewed by our Highway Surveyor, our Board of Health Agent, our Water Superintendent, our Police Chief, our Land Counsel, an Independent Engineer – all paid employees whose job description is to help be watchdogs for our Town. The site has also been inspected by the Massachusetts Department of Environmental Protection – an agency whose sole purpose is to literally protect the environment… I believe the town has done its due diligence… this project does not pose a threat to our town’s drinking water or our natural resources.”
Morse Brothers has been growing and producing cranberries in Massachusetts for six decades and on Lingan St. in Halifax for 40 years. The history of cranberry growing in Massachusetts is rich, in Southeastern Massachusetts in particular. According to sources, Ephraim Stetson first began to cultivate cranberries in Halifax in 1867. Cranberry production really took off when the United Cape Cod Cranberry Co. was formed in 1904. In Halifax, the A.C. Burrage Cranberry Co. was founded a year later in 1905. Burrage, as it is known to many in the Halifax and Hanson area, was named after industrialist Albert C. Burrage and is home today to over 2,000 acres of ponds, marsh, swamps, and cranberry bogs. Perhaps the biggest name in cranberries, Ocean Spray was formed in 1930 in Hanson. Today, Massachusetts is responsible for nearly a quarter of the cranberries grown nationally behind only Wisconsin in production of the crop. According to the Farm Credit East Knowledge Exchange Report, the cranberry industry is responsible for 6,400 jobs throughout the Commonwealth. Additionally, the overall economic impact of cranberry production in Massachusetts in 2023 was estimated at $1.7 billion when combined across farming, processing, manufacturing, and marketing.
Despite Massachusetts’ hearty production of cranberries, the industry is plagued by problems including increasing production costs and decreasing crop values. An increasing world supply of cranberries, particularly in Canada, has contributed to the declining prices for the crop. The Massachusetts cranberry industry is also affected by federal trade policies that reduce the market abroad. Climate change has also presented problems for cranberry growers as winter temperatures grow increasingly erratic and they depend on frozen bogs for crop health. The last decade has seen the state lose more than a quarter of its cranberry farms. Cranberry growers have sought to make ends meet through alternative means such as leasing their land for solar.
Halifax is a microcosm of the current state of Massachusetts’ cranberry industry and the complex issues that surround it. Morse Brothers’ suit against the town is at the epicenter of that.

The second round of the SLT Construction Corporation’s continued hearing before the Plympton Zoning Board of Appeals will take place Thursday, Jan 25, at 6:30 p.m. in the Deborah Samson meeting room in the Plympton Town House, 5 Palmer Rd. Plympton residents are encouraged to attend.
The first round of the hearing was Thursday, Jan. 4, and the standing room only crowd heard from attorneys representing SLT as to how their client’s project fell within the bylaws of the Town of Plympton, and why it should be allowed.
Zoning Enforcement Officers Thomas Millias and Kathleen Cannizzo issued their determination not to allow the permit for the proposed asphalt, brick, and concrete processing facility (ABC) based on the following: the project is located in a Groundwater Protection District and the SLT plant stated it would use water to mitigate the dust created in the processing. Because the water would mix with the rubble dust particles, it would become a “process liquid” unless it were treated and returned to state drinking water standards.
Second, the definition of “Light Manufacturing” states that the fabrication, assembly, processing, finishing work and packaging must be done in a manner such that noise, dust, odor, vibration, or similar objectionable features are confined to the premises and are in no way objectionable to abutting property.
SLT’s several attorneys spoke on their client’s behalf, stating that there would be no “process liquids” used at the Spring St. property, that there would be no manufacturing of asphalt, brick, or concrete at the property; it would use previously manufactured asphalt (cured), brick with attached mortar, and concrete rubble that may have rebar metal in it, break it down by crushing it, using strong magnets to remove the scrap metal, then force the remaining material through screens to size the final product. They would not be fabricating anything; they would be recycling existing materials, all of which is allowed under Plympton’s By-laws, they claim.
SLT handed out information in the form of 32-page booklets to explain their proposed operation.
SLT maintains that any vibration, dust, noise, or odor will not be felt outside of the Spring St., Plympton’s property lines. As the Spring St. property abuts Carver, the entrance and exit for the facility will be through the Town of Carver.