CLWC takes legal action, demands Carver Zoning Board of Appeals (ZBA) issue a cease and desist to shut down AD Makepeace Co. Read sand trucking terminal
CLWC responds to Carver ZBA arguments at May 29, 2024 public hearing: You’re Wrong! Read the July 9, 2024 letter here.
Who is Read Custom Soils? Learn more here.
CLWC fights to enforce laws on behalf of residents, environment
CLWC’s lawyers and scientists are working to get justice for residents and stop the environmental destruction by AD Makepeace’s sand mining. This trucking hub is the key to Makepeace’s sand sales. This facility does not have the required zoning permit from the Carver Planning Board.
CLWC is using the zoning laws to shut down Read. Here are the steps:
- On February 22, 2024, CLWC demanded that the Carver Building Commissioner issue a cease and desist order to stop Read from operating a “Truck and Freight” terminal without the Special Permit. The CLWC demand letter is here.
- The Building Commissioner refused to issue a cease and desist to Read. CLWC estimates Read generates up to 500 truck trips daily. The Building Commissioner did not investigate the issue of truck traffic volume.
- On March 12, 2024 CLWC appealed to the ZBA under the state Zoning Law and the Town Zoning Bylaw. See the appeal here.
- On May 22, 2024 CLWC requested the ZBA enforce their bylaws and issue a cease and desist at 46 Federal rd. Read the request here.
The hearing on CLWC’s enforcement request started on May 29, 2024 and continues July 17, 2024.
Carver Officials Ignore Years of Harms Suffered by Local Residents, Damage to Environment
Makepeace uses Read as a truck and freight terminal to sell and distribute sand it mines from its surround land. T
Read more about this massive mining site here.
For a decade or more, Carver residents living near sand mining sites and who are impacted by truck traffic, noise and vibrations from mining operations have written, emails, and called state and local officials. They attend meetings of the Earth Removal Committee, Planning Board, Conservation Commission and Select Board to tell them about harms from the mining and trucking of sand and gravel abutting their homes.
Below: May, 2024: Massive AD Makepeace Co. 120 acre sand mine abutting Environmental Justice Community on Federal Road in Carver. This mine supplies Read Custom Soils with sand for commercial sale and distribution.
ZBA biased, sides with mining company over its own residents
During the May 29, 2024 public hearing on whether the ZBA should shut down Read, the ZBA was more concerned about protecting the interests of AD Makepeace Co., the owner of Read, rather than protecting residents’ health and well being
- ZBA tried to dismiss the case on legal technicalities; this tactic is commonly used to deter residents from participating in the public process.
- ZBA prevented Community Land and Water Coalition from presenting its slides, cut off residents as they spoke, and told residents that they had already spoken on this issue when they had not.
- ZBA delayed its decision on the shut down until July 17, leaving residents to deal with the noise, vibrations and threat to drinking water for two more months.
The state law requires the ZBA to hold a public hearing on a request for enforcement of the zoning law. The ZBA must vote on whether there is a violation. CLWC has asked the ZBA to issue the cease and desist to Read. The first day of the ZBA public hearing was May 29, 2024. Watch the hearing here.
The ZBA chair argued with the lawyer for CLWC claiming the group had no legal right to bring the appeal. In a July 9, 2024 letter CLWC’s lawyer showed this is wrong. Read the letter here.
ZBA public hearing continues on July 17, 2024.
At the public hearing on July 17th we will ask the ZBA to reverse the decision of the Building Commissioner and issue a cease and desist to Makepeace and Read to stop the operation of the truck and freight terminal at 46 Federal Road unless and until they obtain a special permit under the Zoning Bylaw for a truck and freight terminal.
Click here for ways to take action now.