Taylor Fruzzetti
Express correspondent
Many Massachusetts communities will be faced with a decision following the 2021 law to implement zoning for multi-family housing for communities that have commuter rail stations or are adjacent to them.
According to the mass.gov website, the new law requires MBTA communities to “have at least one zoning district of reasonable size in which multi-family housing is permitted as of right.”
The law is intended to address the housing crisis in Massachusetts and approximately 177 cities and towns are subject to the MBTA Communities Law according to the state’s website.
The Multi-Family Zoning Requirement also calls for these housing communities to have a minimum gross density of 15 units per acre, the housing must be no more than 0.5 miles from a commuter rail station, subway station, etc, and no age restrictions.
Communities that benefit from the MBTA, and communities adjacent to MBTA communities, are being told that they must adopt the new zoning changes by Dec. 31, 2024 or they will no longer be eligible for funds from the Housing Choice Initiative, the Local Capital Projects Fund, or the MassWorks infrastructure program.
Additionally, towns that fail to comply with the zoning changes may be subjected to civil enforcement per the state’s website.
On Feb. 14 of this year, the Town of Milton held a special election to vote on the issue and ultimately overturned the MBTA Communities Multi-Family Overlay District which had originally passed at a special town meeting on Dec. 11, 2023.
The vote took Milton out of compliance with the state law, resulting in Attorney General Andrea Joy Campbell filing suit against the town of Milton on Feb. 27, according to a press release from the Office of the Attorney General.
“The MBTA Communities Law was enacted to address our region-wide need for housing, and compliance with it is mandatory,” said Campbell in the press release.
According to Halifax Town Administrator Cody Haddad, the Zoning Bylaw Review Committee is looking to find a solution that would have a minimal impact on the town, but also allow for the town to be compliant with the MBTA Zoning Requirement.
“The situation in Milton, in my eyes, only further affirms that the state will continue to make this requirement a priority and towns that do not comply will be penalized,” said Haddad. “We are cognizant of the state’s concern regarding the housing crisis facing Massachusetts, but we are also aware of what the Halifax community desires for their town.”
Haddad said that the Zoning Bylaw Review Committee will likely present their findings at the Fall Town Meeting.
“This topic can be controversial to many residents who are concerned that the zoning requirements could change the look and feel of a community, and impact several town services, including schools,” said Kingston Town Administrator Keith Hickey. “I am not sure of the reasons why Milton voted the zoning down but will be looking into what the sentiment of the voters was, if Kingston can learn from what occurred in Milton, we will do that.”
Hickey said that he plans to present the initial recommendations of Kingston’s MBTA subcommittee to the Selectmen at their meeting on March 12.
“Once the MBTA overlay district is finalized, staff will have several informational meetings, website postings and informational TV shows on PACTV to introduce and discuss what is being proposed,” said Hickey.
Hickey said that the vote on the MBTA overlay district will be at the Fall Town Meeting.
“Hanson is going to continue to move forward with creating the zoning for the MBTA requirement until a judgment of the Court directs otherwise,” said Hanson Town Administrator Lisa Green. “Something to understand is that we are simply creating the zoning, not the housing.”
Green said that Town Meeting will be provided with all the facts and will vote on the zoning changes.
“There must be an understanding that all towns are subject to legal action by the state for not complying with the legislation,” said Green. “The residents who attend Town Meeting and vote on the article will have to decide whether they prefer spending taxpayer dollars on legal fees to defend the town against a suit by the Attorney General’s Office and lose thousands of dollars in grants, or simply vote to create the zoning and benefit from the thousands of dollars of grants.”
Mary Beth Carter, Whitman’s Town Administrator, said the town is planning to put this proposed zoning by-law amendment on the May 6, 2024 Annual Town Meeting warrant. “I found it surprising, however Milton’s decision not to comply with this mandate has no influence on what will be decided in Whitman,” she told The Express. “Once the by-law is accepted, that may bring forth housing projects that up until now would not have been possible.”
Plympton Town Administrator Elizabeth Dennehy said that Plympton has received a technical assistant grant award which it has used to acquire the services of Southeastern Regional Planning and Economic Devellopment District (SPREDD) who will assist the Town with drafting a zoning overlay-type district that will be in compliance with the Commonwealth’s guidelines. Once drafted, this would go through the normal process for review and potential adoption of the zoning bylaw edits. Dennehy said she doesn’t expect a vote will take place until the May 2025 Annual Town Meeting.
Civics and Government classes hear from resource officer from
Matthew MacKenzie
Special to the Express
Friday, March 1, Patrolman and Student Resource Officer Brian Hurley, visited the Civics and Government classes of the team 8-2 Panthers, at Silver Lake Regional Middle School. Officer Hurley, a former graduate of Silver Lake who went on to study criminal justice at the University of New Haven, returned to his home community and has been an officer for the past three and a half years. Along with answering a substantial number of student questions throughout the day, Officer Hurley also recalled to the students how he became interested in policing, his role as a police officer, and his philosophy of policing which focuses on de-escalation. Students enjoyed both listening to Officer Hurley speak about his job and having ample opportunity to answer their questions.
Return of the River Herring?
Taylor Fruzzetti
Express correspondent
HALIFAX — River Herring will be able to return to their native spawning grounds in the Monponsett Ponds this spring, but work will still need to be done in order to improve their journey in years to come.
River Herring or Alewives are an anadromous species – meaning they can exist in both fresh and salt waters, as they migrate up rivers from the sea to spawn. But for approximately 100 years, river herring were unable to access their spawning ground in the Monponsett Ponds due to waterways being blocked.
The river herrings’ journey back to Monponsett began in 2017 when the Carver Cotton Gin Mill Dam on the Sautucket River in East Bridgewater was removed due to the Office of Dam safety determining the dam a hazard according to Jeremy Gillespie a local Halifax conservation activist.
The Carver Cotton Gin Mill was erected in 1842 and blocked the natural passageways for herring to travel upstream. John Fabroski, president emeritus of the Plymouth County League of Sportsmen, fought for the dam’s removal for 17 years.
“Once that dam was removed on the Satucket River, that allowed the herring to get into Robbins Pond,” said Gillespie.
For Diadromous Fisheries Project Leader Brad Chase of the Division of Marine Fisheries, the next step was to create a fish passageway through the Stump Brook Reservoir Dam in East Bridgewater. Chase began talking with the bog owner who owns the dam to install a fish ladder in 2018.
After design and feasibility work, the Division of Marine Fisheries received a grant through the Taunton River Stewardship Council for engineering plans and permitting for the fish ladder, which was installed in the fall of 2023 according to Chase.
“It was one of those restoration targets that was thought to be too difficult way back when, but now it’s a reality,” said Chase. “Once that fishway was in, there was a chance to get the fish up to the Monponsett Ponds.”
According to NOAA, National Oceanic and Atmospheric Administration, a fish ladder, also known as a fishway, provides a detour route for migrating fish past a particular obstruction on the river. Designs vary … but the general principle is the same: the ladder contains a series of ascending pools that are reached by swimming against a stream of water. Fish leap through the cascade of rushing water, rest in a pool, and then repeat the process until they are out of the ladder.
According to Chase, some river herring will be able to make their way to Monponsett in late March of this year but work to improve culverts at Furnace Street and Elm Street will need to be done. Chase also plans to speak with the City of Brockton, which operates the fishway at Stump Brook Dam, to improve conditions.
“All of those little pieces I think are important,” said Chase. “I think we can make it work this spring but I think a better design is needed there,” said Chase referring to the Stump Brook Dam.
Although river herring are not technically endangered, the population has declined over the years due development threatening their habitats. Both Gillespie and Chase stressed the importance of river herring for the ecosystem and cultural significance.
“Some people call them potato chips- everything eats herring,” said Gillespie. “It will be a big boom for the whole ecosystem.”
“Traditionally, people used to use these fish for food and for bait and that practice has been banned since 2005,” said Chase. “Our agency is hoping to restore the population so people will have access to use these fish again. It’ll be very modest, but hopefully there’ll be a way where people can use this traditional practice and gather food.”
With the return of the river herring, the Town of Halifax is seeking volunteers to restore the Alewife Restoration Committee.
Annual Election Calendar announced for Plympton
Plympton’s Town Clerk Tara Shaw has announced the Annual Plympton Town Election Calendar.
• Plympton’s Annual Town Meeting: May 15, 7 p.m. at the Dennett Elementary School, 80 Crescent St., Plympton
• Plympton’s Special Town Meeting: May 15, 8 p.m. at the Dennett Elementary School, 80 Crescent St., Plympton
• Last date to register to vote for Annual and Special Town Meeting and Election – Friday, May 3, 2024, from 9 a.m. to 5 p.m.
• Plympton’s Annual Town Election, Saturday, May 18, 8 a.m. to 6 p.m. at the Town House, 5 Palmer Rd., Plympton.
Candidates for Election – Important Deadlines
CANDIDATES FOR ELECTION-IMPORTANT DEADLINES
The last day to submit nomination papers to the Board of Registrars/Town Clerk is Friday, March 29, 2024 at 5 p.m. at the Town Clerk’s office.
The last day to object or withdraw Nomination papers is Wednesday, April 17, 2024, at 5 p.m.
Nomination papers are available in the Town Clerk’s office during regular business hours: Monday through Thursday, 9 a.m. until 2 p.m. or by special appointment. Nomination papers may be obtained will be given ONLY to the person seeking nomination, OR, to a person presenting a signed authorization form from the candidate. Nomination papers must be signed by at least 20 registered Plympton voters.
Plympton Positions on the ballot include:
• One (1) Selectman for a three-year term.
• One (1) Board of Assessor member for a three-year term.
• One (1) Board of Health member for a three-year term.
• One (1) Finance Committee member for a three-year term.
• One (1) Library Trustee for a three-year term.
• One (1) Planning Board member for a three-year term.
• One (1) Plympton School Committee member for a three-year term.
• One (1) Town Clerk for a three-year term.
• One (1) Tree Warden for a three-year term.
For answers to any questions regarding the election, email: townclerk@plymptontown.org
Halifax Annual Town Meeting and Town Election – Important Dates
The Warrant is now open for the Town’s 2024 Annual Town Meeting which is scheduled to occur on Monday, May 13, 2024, at the Halifax Elementary School. Citizen petitions must be submitted to the Town Clerk’s Office by March 12, 2024.
In order to participate in the Annual Town Meeting, residents must be registered to vote. The deadline to register to vote in order to participate in the 2024 Annual Town Meeting is Friday, May 3, 2024.
All questions relating to Voter Registration should be directed to the Halifax Town Clerk’s Office by calling (781) 293-7970 or e-mailing ClerksOffice@halifax-ma.org. More details regarding Elections and Voter Registration are available on the Town Clerk’s web page as well as the Elections & Registration web page.
Any questions regarding the Annual Town Meeting, submitting warrant articles, etc. should be directed to the Halifax Board of Selectmen’s Office by calling (781) 294-1316 or e-mailing Pamela.McSherry@halifax-ma.org.
A copy of the Warrant will be posted on the Town’s website and mailed to every household when it becomes available.
SLT ABC application withdrawn
Deb Anderson
Express staff
SLT Corporation of Carver has withdrawn its application to operate an ABC (Asphalt, Brick, and Concrete) recycling facility on property located off Spring Street in Carver and Plympton.
Carver, Plympton, and Kingston health agents and other interested parties received notice from the Massachusetts Dept. of Environmental Protection Southeast Regional Office in Lakeville, that the SLT Construction Corporation’s permit application was withdrawn. On Feb. 12, 2024, MassDEP officially withdrew SLT’s application no. 22-SW46A/47A-0004-APP.
The application was denied at the Feb. 2 meeting of the Plympton Zoning Board of Appeals, where the board reviewed Plympton’s definition of Light Manufacturing, and concluded that an ABC operation did not fit that definition.
The roll call vote of the Zoning Board of Appeals was unanimous in upholding the decision of the Zoning Enforcement Officers, Tom Millias, and Kathy Cannizzo.
Plympton’s first phase of the public hearing on SLT Corporation’s application to site its ABC recycling plant on property off Spring Street was held on Jan. 4, to a room full of concerned Plympton residents. The continued hearing brought several attorneys from SLT armed with a 32-page slide presentation showing the workings of the proposed business.
Plympton’s Zoning Enforcement Officers issued their determination to deny the SLT application because the property is in a Groundwater Protection District and water would be used to mitigate the dust from crushing asphalt, brick, and concrete into rubble. There was no method stated to return the water to state drinking water standards.
Second, the definition of “Light Manufacturing” in Plympton’s by-laws 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 maintained that any vibration, dust, noise, or odor would not be felt outside of the Spring Street, Plympton’s property lines. As the Spring Street property abuts Carver, the entrance and exit for the facility would be through Carver.
The MassDEP sent a letter dated Feb. 13 to Peter Opachiski, SLT Construction Corporation, stating that the permit application has been officially withdrawn.
Morse Bros. suit against Halifax fails
Plymouth Superior Court ruled Feb. 5 in Morse Brothers, Inc vs. Town of Halifax and the Halifax Select Board, to uphold the restrictions on the earth removal permit issued by the Select Board Sept. 1, 2023.
Morse Bros. stated that even though they have been operating a cranberry business in the Town of Halifax for some 45 years, it was the first time they had been required to obtain a permit pursuant to the Halifax Earth Removal Bylaw.
The plaintiff, Morse Bros., filed a complaint alleging that the bylaw was improperly applied, and the conditions were invalid. Morse Bros. asked the court to issue a preliminary injunction to prohibit enforcement of the conditions.
Morse Brothers, Inc. asked the Court to declare that the restrictions would harm their business and stated in their filing that the Town had never asked for these restrictions in their Earth Removal Permit in the past. They further stated in their filing that “Morse Brothers has historically relied on the sand available on its Halifax property to renovate and maintain its bogs both in Halifax and in nearby towns.” During the past year, the complaint stated, Morse Brothers has been excavating soil, screening sand, and transporting the sand to Hanson as part of its renovation project.
They said that their company has engaged in these practices for decades, and its farming practices have been “in harmony” with the town. Morse Bros. received notice Sept. 1 that Halifax was requiring Morse Brothers to obtain an earth removal permit for the first time, pursuant to the Halifax Earth Removal Bylaw, or to “cease and desist any sand removal or transportation-related activities.”
On Oct. 4, 2023, Morse Bros. submitted a request for an exemption from the bylaw, noting that the bylaw negatively impacted its “ongoing cranberry bog maintenance” and “unreasonably infringed on protections of land uses for the primary purpose of agriculture under state law.” Simultaneous with its request for an exemption, Morse. Bros. also applied for an earth removal permit under the local bylaw.
Nov. 15, 2023, the Halifax Select Board granted the permit, subject to several conditions. The first condition limited the hours of the earth removal to between the hours of 7 a.m. and 2:25 p.m. Monday through Friday, and in no case on a legal holiday. The limitation applies also to the starting of engines, loading and unloading trucks, and preparation for commencing of work.
The permit also states that vehicles loaded with soil and/or sand shall not exceed 10 miles per hour while on Lingan Street. To avoid conflicts with school buses, vehicles traveling to and from the project location for the purpose described in the permit shall not be present on Lingan Street during school bus pick-up and drop-off times provided by the town.
Morse Bros. would also be limited to 25 trips per day of vehicles loaded with soil and/or sand.
Each truck and driver entering or exiting the property shall be provided by Morse Bros. with a list of rules and regulations regarding road safety. Each driver shall sign an acknowledging receipt of these rules and regulations. It is the responsibility of Morse Brothers to keep record of this information and provide it to the Town as requested. And no activity is allowed under the permit during the 2024 school vacation weeks of February 19 through 23 and April 15 through 19.
In their ruling, the court said it must assess “whether the moving party has shown that success is likely on the merits and that irreparable harm will result from denial of the injunction; and the risk of irreparable harm to the moving party outweighs any similar risk of harm to the opposing party”.
In applying these requirements, the court found that Morse Bros. was not entitled to a preliminary injunction because it has not shown proof of irreparable harm.
Valentines for Meals on Wheels
Halifax COA members brought Valentine’s Day wishes while delivering Meals on Wheels. Barbara Curtis, Outreach Services and Program Coordinator, with Madeline Flood, and Diane O’Brien, CoA van driver, were all part of making Valentine’s Day fun.
MacDonald Industries correction
In the Feb. 2 edition of the Plympton-Halifax-Kingston Express, we mistakenly reported that a $20,000 gift from MacDonald Industries, was for landfill repairs. What we did not make clear was that the funds were to be earmarked as landfill repairs to help the Town of Halifax with the cost of engineering for the Hemlock Lane landfill, owned by the Town of Halifax, near the Highway Department that is showing some problems.
Halifax Health Agent Bob Valery consulted with Marilyn MacDonald, of MacDonald Industries, for advice on how to approach solving the town’s problem, calling on her experience.
When she found that the problem was beyond her level of expertise, she gave suggestions for engineering firms that would be able to provide plans and a course of action for the landfill repairs. In a gesture of goodwill, MacDonald Industries donated $20,000 that will more than cover the projected engineering costs for the old Halifax landfill repairs.
Valery said, “Let’s fix it and fix it right.” He had noted that repairs in the past had been more a “short term fix”, with the problems recurring over the years. The board voted to approve TRC Environmental Companies to provide the engineering plans for the project.
Chairman John Bruno asked the board to approve his request to write to MacDonald Industries “expressing our deepest gratitude to them for their community concern and gift of $20,000.”
“In my mind, this is extraordinary,” Bruno said, “She’s really a good neighbor”. The board voted unanimously to send that letter.
Another near miss for major storm
By late Monday night the ominous forecast of a powerful Nor’easter on Tuesday, became much less drastic as the storm’s track began to pull away, leaving much of the area with much less precipitation than originally forecast.
Plympton’s Fire Captain John Sjostedt reported a vehicle accident that shut down Prospect Road for about five hours while the utility pole, the only casualty in the accident, was replaced. The driver, the only occupant in the van, was not injured. The accident took place in the vicinity of 62 Prospect Road. Power was out in the area for a short time.
Coastal Kingston didn’t see much of any snow accumulation, and Deputy Fire Chief Adam Hatch said his department noted no appreciable affect, no flooding of note. “We dodged a bullet this time.”
Halifax Fire Dept. said they had no unusual situations due to the storm.
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