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.
