Friday afternoon, Halifax resident Jeremy Gillespie, representing 14 other residents, appeared in Plymouth County Superior Court in Brockton to present arguments in favor of stopping Morse Bros. LLC, Ryco Excavating, and Oiva Hannula & Sons, Inc. from continuing the truck traffic in the densely-populated neighborhood, breaking down the roads, shaking houses to their foundations, and in general interrupting the lives of the residents in the Lingan Street and “The Aves.“ neighborhoods, preventing them from enjoying their homes and destroying the narrow neighborhood roads. “They have been subject to a parade of trucks carrying sand mined outside the law, disturbing the peace and quiet enjoyment of their property,” Gillespie’s opening remarks continued.
Saying that the Right to Farm does not nullify other rights under the Constitution, “It is not without limit.” Gillespie quoted from Article 97 from the Massachusetts Constitution which reads, “The people shall have the right to clean air and water, freedom from excessive and unnecessary noise, and the natural, scenic, historic, and esthetic qualities of their environment; and the protection of the people in their right to the conservation, development and utilization of the agricultural, mineral, forest, water, air, and other natural resources is hereby declared to be a public purpose.”
Gillespie cited several violations of law in the 250 Lingan Street operation, including Chapter 144-1 of the Town of Halifax By-laws, relating to earth removal. No permit exists, and yet a significant portion of one of the largest hills in Halifax, the Whaleback glacial ridge, has been removed by the defendants, in violation of the town’s own by-laws. The hill, Gillespie maintains, has been documented as a site of Native archaeological significance and destroying it threatens the cultural heritage of both the Wampanoag people and the Commonwealth of Massachusetts. The Whaleback hill is a glacial esker of sand in Monponsett Pond high enough to break the surface of the water. It serves as a filter to clean the water of Monponsett Pond that is used as an additional water supply for the city of Brockton. As the 250 Lingan Street operation takes the esker down, trucks it out over neighborhood roads that are merely 20 feet wide, in fully loaded 18-wheel vehicles weighing some 80,000 pounds, as many as 50 times a day, the area residents are suffering disruption in their own household water.
Gillespie said that the Town of Halifax has not helped at all in curtailing the sand mining activities at 250 Lingan St. Selectmen, he maintains, have issued only one earth removal license to 250 Lingan St and that was in 2016, for only 50,000 cubic yards.
Fourteen plaintiffs joined in their action against Morse Bros., LLC, RYCO Excavating, Inc., RYCO Lease and Repair, Inc., and Oiva Hannula & Sons, Inc., claiming that they have evidence of improper sand mining, referencing the earth removal application that was withdrawn on August 2, 2022 after considerable push-back from the community. Sand removal at the location continued. The plaintiffs claim that the area mined is a MassDEP approved DIV II Wellhead protection area subject to a number of protections. Also, there are no current monitoring wells at the 250 Lingan St. site as required by law. Plaintiffs also state in their complaint that defendants are actively transporting unchecked material to the site, potentially contaminated iron and manganese bottom scrapings from their Middleborough lowland bogs as well as other chemicals, metals, and possible pathogens.
Plaintiffs seek an injunction barring the Defendants from proceeding with further projects on the Site until a determination is made. In addition, the Plaintiffs ask the court to
• declare the Defendants to be engaging in Earth Removal without a permit.
• order soil samples to be tested for elevated chemicals, metals, and pathogens immediately at the Defendants’ expense
• permanently enjoin and restrain the defendant from removal of earth or any other activities on the site until all permitting and investigations are complete.
• such other and further relief as the Court deems just and proper.
Responding to the allegations, Brendan Moquin, Controller of Morse Brothers, Inc., explained that Morse Brothers has been growing cranberries at that location for approximately 46 years, and in Massachusetts for more than 60 years. Stating the specific need of cranberry cultivation is a loamy soil confinement base, topped with 6-8 inches of sand. The sand layer, he explained in his affidavit, aids in water flow and retention, crop growth, and reducing the depletion of organic soils beneath. By applying sand, growers can reduce the demand for pesticides, herbicides, and fertilizers, as well as maintain the longevity of the bog. This is best practices for cranberry bog management as detailed by the Natural Resource Conservation Services (NCRS) among others.
Moquin maintains that Morse Brothers prepares and updates a Farm Conservation Plan that documents Morse Brothers’ compliance with NCRS recommended standards.
Morse Bros has a vested interest in the water quality of Monponsett Pond as it uses that water to irrigate their bogs, Moquin continued, and enforces the drinking water protection program in accordance with the Federal Safe Drinking Water Act and various Massachusetts statutes.
Moquin stated in his affidavit that an earth removal permit was not required because the Halifax bog renovation was for cranberry growing, and is subject to various applicable state agricultural exemptions. Nonetheless, he said, Morse Bros. submitted an application in order to engage the town and address any concerns regarding the work. The response by a group of residents, some of whom are the plaintiffs, was “swift and hostile.” Morse Brothers withdrew the application, and, according to Moquin’s affidavit, has never engaged in and is not engaging in any of the work that was the subject of the 2022 earth removal permit, and turned its attention to upgrading two of is other smaller bogs in Middleborough and Hanson.
The Morse Bros Middleborough property received a USDA grant to upgrade a 5-acre bog, and part of the work entailed applying fresh sand that was removed from the Halifax property. The 24 acre Hanson bogs also benefitted from the Halifax excavations. Moquin stated that all of those renovations have conformed to and have applied best management practices.
Moquin continued that the Halifax Board of Selectmen, John Bruno, Chairman, continued to field concerns from residents, largely regarding truck traffic, resulting in a site inspection with Moquin, two members of the Halifax Conservattion Commission and the Town of Halifax Health Dept., the Halifax Water Dept., and others. Mr. Bruno reported that he saw no interaction between Morse Brothers’ operations and the Town’s drinking water and further reported that Mores Brothers is not engaged in any earth removal or any operations in violation of Town ordinance or other laws. Moquin submitted a video recording of that selectmen’s hearing.
Moquin asserted that in connection with the renovation projects, no soil, sand, gravel, manure, or similar material has been brought onto the Halifax property. He furthered that an injunction prohibiting Morse Bros. from conducting activities on its properties would be “catastrophic” to its business, that produces approximately 18.200 barrels of cranberries a year, approximately $820,000 in revenue that would be lost during the pendency of the case, as well as satisfying other management contracts.
Moquin continued that leaving the cranberry bogs without proper maintenance would injure their productive yield. “Bogs require constant maintenance to remain productive,” … Halting the sand transported from the Lingan Street location would cause injury to bogs in other locations.
Judge Brian Glenny took the matter under advisement and we will wait to hear his verdict.

The Kingston Board of Selectmen met on Tuesday, May 23. Silver Lake Regional School Committee member Jason Fraser spoke to the Board regarding the intersection at Lake St. and Station St. Fraser said, “How many times have you felt like you were taking your life into your own hands crossing the intersection of Lake and Station on Rt. 27 right near Silver Lake High School and Middle School campus; I can tell you it sends butterflies through my own heart as an experienced driver.” He further said that a road safety audit was done on the intersection in May of 2021. “This audit kind of slipped right by the School Committee,” he explained saying that it was done during a stage in the Pandemic when the primary focus was getting students back to school five days a week. Fraser is currently heading up the Sub Committee responsible for looking into safety and facilities. Fraser told the Selectmen that Kingston, not the School Committee, has jurisdiction over the intersection and he asked them for their support in installing a traffic signal there.

Superintendent and Tree Warden Paul Basler said, “As everybody knows, municipal government comes down to funding; being the only one in the room that was involved in Rt. 27, we did this 15 years ago… DOT would not pay for funding for that light. If the town agrees, I would like to be the point person for the town for this project working with this gentleman, because if he has ways to get us funding that doesn’t include our taxes, I’m all for it.” Fraser said that he has already been looking into grant funding and has reached out to several legislators regarding the intersection. “The State grant that we’re looking at is the Shared Streets and Spaces grant,” Fraser said. The Selectmen voted to work with the Silver Lake Regional School Committee to work on improvements for the intersection.

National Public Works Recognition

Chair Kimberley Emberg said that in recognition of National Public Works Week, “we would like to recognize our employees in our Streets, Trees, and Parks, Water, and Wastewater Departments.” Selectman Tyler Bouchard also read a proclamation. He said, “For National Public Works Week 2023, to recognize the service provided in our community – are an integral part of our citizens’ everyday lives… and programs such as water, sewers, drains, streets, and highways, traffic control, public buildings, solid waste disposal, recycling, parks and forestry, and snow removal whereas the health and safety and comfort of the community greatly depend on the effectiveness of these facilities as well as their planning, design and construction are vitally dependent upon the efforts and skills of public works officials. And whereas the efficiency of the qualified and dedicated personnel who staff public work department is materially influenced by the people’s attitudes and understanding of the work they perform and therefore, be it resolved, the Kingston Board of Selectmen do hereby proclaim the week of May 21 through the 27 2023 as National Public Works Week… in the town of Kingston, Massachusetts.” Basler thanked the Selectmen and also announced that new transfers station stickers would begin being sold on June 1.

Library Update

Kingston Public Library Director Donald Colon appeared before the Board to provide an update on the status of the library. Colon said, “As of April 30, the library had met and exceeded our statistical transaction circulation; meaning that for the full fiscal 22, the library circulated over 91,000 physical items and as of April 30 we circulated 96,000 items so we were at 4.48 percent over last year for the entire year and I will also say that Kingston is only one of two libraries that were in the positive year to date and we were the best performing library in OCLN.” He continued, “What I can say about it is the library staff, the professional staff offering programs… the investment that we are making in the community with the services we are trying to offer really has been the focal point of all those increases and definitely it is something that we could not accomplish without the support of the foundation and the Friends of the Kingston Public Library.”

Appointments and Contract Amendments

The Board also took up the consideration of an amendment to the Assistant Town Administrator’s Contract. Town Administrator Keith Hickey told the Board that they finalized years 2 and 3 of the Assistant Town Administrator’s contract. Hickey said that the Assistant Town Administrator would be receiving her Bachelor’s Degree in June and because of that and some other things, he would like to see her salary increased. Selectman Sheila Vaughn told the Assistant Town Administrator that she should be very proud of her accomplishment. The Selectmen voted unanimously to amend her contract.

The Selectmen also voted to appoint Carl Ingemi as the new Wastewater Assistant Chief Operator. Emberg said they received a letter of interest to fill a vacancy on the Recycling Committee. The Selectmen voted unanimously to appoint Vanessa Verkade.

Town Administrator’s Update

Hickey provided a Town Administrator’s update which he began by saying that the Senate had approved an FY 24 budget. Hickey also said that moving to a Microsoft Outlet government platform was now complete. “It will provide the ability to make responses to public records much less cumbersome than they have been in the past,” Hickey explained. He also told the Selectmen that nearly all schools and town buildings have been connected to the town fiber thanks to a grant. He said the expectation would be for the project to be complete by October. According to Hickey, the Grey’s Beach playground update project has hit a speedbump because of delayed parts. He said they expect the delay will be short. He also said that the town’s two charging stations at the Library and in front of the Animal Shelter are now operational. “I would urge anyone that has an electric vehicle that needs to be recharged to stop by,” Hickey said.

Hickey said that he spoke with PAC TV about doing a sort of live call-in television show where people could call in either on the phone or via Zoom to ask questions. “I’m not sure when that will start, but it will be something we’ll do maybe monthly in the evenings,” Hickey explained.

Deb Anderson
Express staff
Plympton Board of Selectmen met Monday, May 22, and gave the results of Town Counsel Greg Corbo’s opinion as to who has the authority to site the well in the new, proposed town complex. The well will serve the police station, the new fire station, and the library. It will not serve the Town House, which has its own well in the basement of the building.
Plympton selectmen, the Board of Health, and Jon Wilhelmsen of the Town Properties Committee met earlier in May to discuss siting the well for DEP approval and there was some question as to where the final authority lay. At the request of Selectman Chairman Christine Joy and Town Administrator Elizabeth Dennehy, Plympton sought the advice of Town Counsel to properly delineate the roles and responsibilities associated with siting the well at the new Town Complex.
Dennehy pointed out that it does not include the well at the Town House, whose issues the Board of Health is working on with the Department of Environmental Protection; it only includes the new well that will serve the Town Complex.
Corbo’s letter to the board in part states that the authority to site the well belongs to the Town Properties Committee as representatives of the Board of Selectmen. The new well, a small public water system, serving the fire station and library, will need to be approved by the DEP, but the siting for the well rests with the Board of Selectmen and/or its designees, and also noted that the Board of Health does not have the authority to override the decisions of the Board of Selectmen.
Responding to Joy’s question as to whether the ruling is clear, Selectman Traynor said, “Absolutely. I think it is about as clear as you can get.”
In other business, selectmen appointed Sean Fitzgerald as a part-time police officer as recommended by Chief Matt Ahl. They also approved the use of the Deborah Sampson Meeting Room for a cooking demonstration with samples, for June 8, at 6 p.m., approximately 20 people will be attending. The Board of Health has already granted their approval. It will be put on by the Plympoton Public Library, featuring Chef Thomas Mottl of RTC Network, Pawtucket, RI.
Under correspondence, Russo read a letter to the board from Nancy Denman on Ring Road, concerning the MBTA Housing Mandate forced on Massachusetts cities and towns. She went on to say that she was at the meeting at the library where State Senator Susan Moran was asked by Russo what Moran could do to support small towns in their quest to retain control over their character and community. Denman said that she felt Moran’s answer was “disappointing.” Denman asked Russo to communicate with other towns in similar situations and form a united front to fight the mandate.
Russo responded to Denman’s letter by saying that “I think it’s deeply challenging that the attorney general has opined that we put ourselves in legal peril if we don’t move forward.” One of the good things, he continued, is that the next step will have to be approved by town meeting. Any action taken between now and June 1 could potentially leave Plympton in peril without accomplishing anything. “The tenor of that letter, I totally agree with.” Russo furthered that the purpose of this legislation is excellent, encouraging more use of the MBTA, but it is not in tune with the times. It is absolutely blind to the unusual situation – that of small towns.
Traynor responded that he agreed with Russo’s remarks, but he wanted to be careful in Plympton’s response. Traynor noted that there is a meeting being put together with representatives from the towns. “I think we should go forward and make our concerns known, and I think that based on what I saw, it felt like everybody’s coming from the same place – that it’s unfair and doesn’t really help because small towns, really don’t have – especially like Plympton – we really don’t have the acreage.” Traynor said that he just wants to be cautious as we go forward.
Joy said that all the selectmen have expressed their support for affordable housing but it needs to be in a manner consistent with the town that we can support with the services that we offer.
Raves – Traynor shared with his board that Jackie Freitas asked to give a shout-out to the Silver Lake Regional High School graduate signs that are popping up on Plympton lawns. Also a rave to the townspeople’s response to the Pay as you Throw program. “Really, we have not had any major pushback – not even minor pushback – so a rave to the townspeople, the highway department, the transfer station …” Final comment – poor showing at the polls. He said he was disappointed that with over 2,000 registered voters we couldn’t get at least 10 percent.