Above: Dec. 3, 2025:  Sand mining destroying Cedarville Conservation Area and Native American Site at 71 Hedges Pond Road, Plymouth MA

Above: October 15, 2025: Sand mining destroying Cedarville Conservation Area and Native American Site at 71 Hedges Pond Road, Plymouth MA. Drone videos available on YouTube here.

 

Background

Updated November, 2025

A vast tract of land known as the Cedarville Conservation Area and the Native American Wampanoag Great Lot at 71 Hedges Pond Road in Plymouth, Massachusetts is being strip mined for valuable sand and gravel. The Site is shown above in the aerial photo as of October, 2025. A private “non-profit” and regional sand mining company started clearing the land in January, 2025. The Town Select Board sold this public land to a private entity, the Plymouth Foundation, for $1.00 in 2022.

The current owner, a shell corporation named Standish Investment Group, LLC, is excavating and selling sand and gravel, starting at the top of the 150-foot hill and excavating down 90 feet deep across the Site. The sand and gravel is estimated to have a value of $12 million according to sources.

The land sale and sand mining permitting by the Town of Plymouth happened behind closed doors in secret deals involving the Select Board, Town Manager, and Town Planner. Despite the sale of this public land, the public was not made aware of the sand mining plan until late 2024 when the then owner, Plymouth Economic Development Foundation and future owner, Standish, started applying for permits. In applying for municipal permits, Standish and the Foundation claimed this was merely a plan for a “unified complex” of warehouse style buildings. It just so happened that these plans required leveling the 33 acre site and digging a 90′ hole to extract a massive volume of sand and gravel.

Against the backdrop of the extensive ongoing and historic sand mining devastating the region, the public saw through this scheme immediately. They started demanding answers.

Since late 2024, multi-pronged advocacy efforts to challenge and halt the sand mining, focusing on environmental protection, historic preservation, and procedural violations of state and municipal laws, has been underway. These efforts have resulted in extensive community mobilization and generated important court rulings. In Plymouth, they have resulted in a call to review the Town’s sand and gravel mining permit scheme. Some are calling for a complete prohibition on sand mining, as allowed under state law.

The Town refuses to shut down the mine and it is business as usual with this sand mine and others or demand an accurate independent assessment of the real volume of sand and gravel being mined and its value.

This Blog summarizes the public advocacy, issues, lawsuits,  who is involved, and future efforts to stop the destruction.

Key Facts

Background and Land Sale for Sand Mining

The land is located in the southeast part of Plymouth known as Cedarville Village. This is public land owned by Plymouth residents.  Yet, in a bait and switch, the Select Board sold the land to a private non-profit, the Plymouth Foundation for $1.00. The Foundation, using public resources and taxpayer money, subdivided the land. It then sold one of the lots to EJ Pontiff, a sand mine operator, for $3.4 million in early 2025. Read more about the Plymouth Foundation here.

This area of Plymouth has some of the last remaining areas of valuable silica sand and the surrounding sand and gravel aggregate. Decades of sand and gravel mining has leveled the topography of the Town. This mining is ongoing, as the sand and gravel industry tries to extract every shovelful for sale.

This sand mine, like others, was approved by the Plymouth Zoning Board of Appeals, who claims it is merely “necessary and incidental” to normal land development.

The groundbreaking report, Sand Wars in Cranberry Country: The Money, Politics and Corrupution Behind the Silent Environmental Crisis in Southeastern Massachusetts documents approximately 41 sand mines in Plymouth alone. Some of the sand mines involve the same entities mining at 71 Hedges Pond Road — the Plymouth Foundation and E.J. Pontiff.

The 19-acre site off Route 3 in Plymouth — a “unified complex” of commercial buildings — is also a ruse for a sand mine. Four years later the Route 3 “unified complex” is a wasteland and barren sand pit. See the drone video here.

About the Hedges Pond Road Site

The Hedges Pond Road sand mine is an egregious example of the abuse of sand mining laws. The land is or was important for the following reasons:

• Designated on official Town and state maps as the Cedarville Conservation Area — open space for recreation, hiking and wildlife habitat.
• Historically and as of today, the area is part of the ancient Native American Wampanoag Great Lot. This is an area of land ‘allotted’ to Native Americans. Under the colonial government of Massachusetts, Native American communal lands used for traditional life ways such as hunting, fishing and gathering, were eliminated and Native Americans were required to live on the ‘lots’ assigned to them by the government.
•  Natural Heritage and Endangered Species Program (NHESP) Priority Habitat #521 for Rare Species.
• Globally Atlantic Coastal Pine Barrens forest.
• Abutting residential neighborhoods.

Destruction of Native American Great Lot

Perhaps the most egregious aspect of this land destruction is that the Town and state allowed it to proceed without an archeological study. They rejected requests from the Wampanoag Tribes.

The Native American tribes,  Herring Pond Wampanoag Tribe, the Mashpee Wampanoag Tribe and the Aquinnah Wampanoag Tribe have ancestral lands that encompass the Site. The Tribes have spoken directly to Town and State officials seeking protection of this land.

“We oppose this project and the development of this area on Hedges Pond Road,” said Melissa Ferretti, Chairwoman of the Herring Pond Wampanoag Tribe based in Plymouth, which was called Patuxet by Indigenous People. “This location is an integral part of our original reservation lands known to us as the “Great Lot.” This project threatens to irreversibly damage our ancestral homelands, the heart of our existence and heritage here in Plymouth. The Great Lot holds immense cultural and historic significance for  our community and any development would not only harm the land but also disrupt our deep-rooted connection to it. Honoring the sacredness of these grounds is fundamental to our community and culture,” Ferretti stated. In November 2024, Governor Healy issued an Executive Order granting the Tribe state recognition, a major accomplishment.

 

Speaking at the February 11, 2025 Town of Plymouth Select Board meeting, Indigenous youth urged the Town to, “At least consider and possibly even invite people from her tribe and other neighboring sister tribes to have discussions about these matters and include them in them.”

Mashpee Wampanoag Tribal Chief Brian Weeden testified at the April 7, 2025 public hearing to the Plymouth Zoning Board of Appeals:

“This is happening right in our own backyard. And it is our duty to speak on behalf of our sister tribes. And it’s—it’s not appropriate because, you know, you all have been robbing graves for the past 400 years since you stepped off that boat”…“But enough is enough. If somebody was digging up your grandparents and your great ancestors, what would you do?”.

 

 

A February 13, 2025 letter in the Plymouth Independent describes how the project tramples Indigenous rights.

Advocacy & Lawsuits

Overview

Months of grassroots advocacy at all levels of government did not stop the illegal sale of the Conservation Area to Standish Investment by the Foundation. It did not stop the Town of Plymouth from issuing permits. Land clearing and logging started in early 2025.

The Town refused to issue a cease and desist for a pause for an archeological study to be conducted and to have questions answered.

With no option but the courts, residents and the grassroots group Community Land & Water Coalition filed lawsuits to obtain justice for the community and the environment.

A writer to the Plymouth Independent says the Plymouth Foundation, not taxpayers, should pay the legal fees of these challenges.

As of November 2025, three major legal challenges are pending. These are summarized below.

Below: Logging Cedarville Conservation Area, Feb. 2025. 

Damage to the Environment Lawsuit

Lawsuit filed April, 2025

On April 17, 2025, a Group of More than Ten Residents filed a lawsuit in Superior Court under the state’s Citizen Suit Law for Damage to the Environment in violation of environmental protection laws. See the complaint here: More Than Ten Residents v Town of Plymouth and Others. The lawsuit followed a  Notice of Intent to Sue issued to Standish, the Foundation, Town and Attorney General on March 28, 2025. The notice letter was ignored by all of them. CLWC’s March 28, 2025 Press Release here describes the Citizen Suit law and the claims in the lawsuit.

The lawsuit alleges the Select Board, Town Manager and Town Planner failed to follow the steps for selling conservation land according to the lawsuit. It seeks to halt all activity, void the land sale, and compel restoration of the site or mitigation.

Court denies injunction, June, 2025

In late April, 2025, the Group’s lawyers asked the Court for an injunction to shut down the mine pending the outcome of the lawsuit.  April 29, 2025, the Group submitted its Memorandum supporting the request for an injunction here.

The  Group also submitted three affidavits about the values of the Conservation Area and how the public used it for open space and recreation and its importance to the Wampanoag people. The affidavits testified that residents used the Cedarville Conservation Area for hiking and recreation during the 21 years since it was established in 1993. This established its status as conservation land that could not be sold without a 2/3 vote of the state Legislature and other steps.

The Town, Standish, and the Foundation hit back with an Emergency Motion to Continue (here) and their Memo in Support of the Motion to Continue (here).

On May 2, 2025, the Court held a hearing on the injunction. The court room was filled to capacity with concerned residents. Attorney Caroline Smith from the Boston environmental law firm of McGregor, Legere and Stevens argued for the Group that the injunction is urgently needed to prevent further damage to the environment by the sand mining operation.

The Town, Foundation and Standish challenged the Group’s standing and timeliness, while the Town argued the land was not protected open space. Lawyer Geoffrey Raux of the Boston law firm of Foley argued for Pontiff. Plymouth Town Counsel Kate McKay argued that the land was never in open space and recreation and therefore never protected. Attorney Smith countered with maps and the Town’s Open Space and Recreation plans listing the 40 acres as a permanently protected conservation area.

Before the hearing, residents and supporters held signs outside the courthouse and expressed their concern about sand mining in general throughout the region and the lack of accountability for this tragic destruction of forests and a Native American cultural site.

On June 18, 2025, Judge Glenny denied the injunction, allowing mining to proceed during litigation. This ruling meant ongoing environmental destruction was not halted by the court, exacerbating harm to the native ecosystem and cultural heritage. The denial did not stop the Group from pursuing the lawsuit.

Court sides with Group, denies motion to dismiss, November 2025

The Town, Foundation and Standish challenged the Group’s Damage to the Environment lawsuit with a “motion to dismiss.” Following a court hearing, on November 24, 2025, Judge Leighton ruled in favor of the Residents Group on three key points: standing, timeliness and the purpose of Article 97.

This is a major victory and allows the case  continue toward trial. Read the Decision here: Nov. 26, 2025 Judge Denies Motion to Dismiss

Read our press release here: 2025.12.01 Press Release

Zoning Violations Lawsuit

Background on Municipal Regulation of Sand Mining

Sand mining is regulated in the first instance at the municipal level in Massachusetts. This means local land use laws, either zoning or general bylaws, may control, limit or prohibit sand mining. Plymouth’s Zoning Bylaws have “Earth Removal Regulations” requiring different levels of permits depending on the size and purpose of the earth removal. This requires community engagement to ensure proper enforcement and administration of sand mining laws. The community engaged in months of efforts to stop the Hedges Pond Road sand mine.

Community advocacy included:

• Public comments to the Planning Board;
• A petition to the Select Board, Planning Board and Building Inspector to deny or require a special permit;
• An appeal to the Building Inspector to issue a cease and desist once the clear cutting started, which was denied; and
• An appeal to the ZBA and public hearings on the Building Inspector’s refusal to enforce the Zoning Law.

Read the CLWC Feb. 14, 2025  Press Release here on the Zoning Appeals

Town issues Zoning and Building Permit, January 2025

On January 16, 2025, the Town Building Inspector issued building and zoning permits to Standish Investments for a 300,000 square foot “unified complex” of warehouses, asserting that the earth removal (sand mining) was “necessary and incidental” “site preparation” for the massive warehouse style buildings. The buildings just happen to cooincide with the size of the lot — almost 33 acres. The Foundation and Pontiff immediately started sand mining in January 2025 once the permits were issued. These were issued behind closed doors — with no public notice.

The Permits did not include sufficient conditions to mitigate airborne silica dust, a known carcinogen, endangering public health and drinking water supplies for the entire area. The permits were issued despite the community’s request that the Town’s land use officials deny the sand mining as not allowed in the zoning district, or at least require a “special permit” — the highest level of protection. The commencement of the mining operation led to clear-cutting of ancient trees and major landscape disruption before the legal appeal period had expired. This prompted an emergency cease-and-desist demand. The ZBA and Building Inspector denied the cease and desist. Despite these appeals and public outcry, work continued.

Community seeks zoning enforcement, Town denies demand

In February 2025, CLWC’s legal staff and volunteers brought legal appeals at the Town level that demanded demand to halt operations were filed after the start of tree clearing. CLWC and residents argued that the project was proceeding without archaeological or environmental studies and in violation of state and federal protections for burial and historic sites. The appeal demanded a public hearing and challenged the town’s reliance on the “unified complex” pretext to avoid stricter special permitting and public scrutiny. See the 2/14/25 Notice of Appeal and  the 3/3/25 Appeal of Refusal to Issue Cease and Desist

See the Plymouth Independent March 1, 2025 story on the appeal here.

The Zoning Board of Appeals was required to hold hearings on whether to uphold the Zoning Permit. The ZBA process was criticized due to potential conflicts of interest; two ZBA members held director positions with the Plymouth Foundation, the original recipient of the land and permit.

The Plymouth Independent story on March 13, 2025 “Recusals Delay Appeal” described the conflicts of interest.

The appeal highlighted the project’s use of the “unified complex” designation to bypass stricter controls, and underscored deficiencies in transparency and public participation.

 

Above: May, 2025. Public packs the Plymouth Town Hall for a public hearing by the Zoning Board of Appeals for a cease and desist of the sand mining at 71 Hedges Pond Road and demands a permit revocation.

Site Plans used to obtain permits

The site plans the Building Inspector relied on to issue the permits are defective, as shown below.  See the Pontiff/Standish’s permit submittals to the Town here:

Standish Investments 5/21/24 Submittal Letter 

Standish Investments 11/24 Revised Grading Plans 

Standish Investments 11/24 Flaherty & Stefani  Revised Plans Letter

Zoning Lawsuit filed 

 When the ZBA refused to enforce the Bylaw after the public hearings, CLWC and volunteers are representing neighbors harmed by the sand mining. They have brought a lawsuit challenging the ZBA Decision to allow the project without complying with the Bylaw. The case asserts:

• The project is prohibited and violates the Zoning Bylaw because it is industrial use prohibited in the zoning district;
• Alternatively, the ZBA should have required a Special Permit under the Earth Removal Regulation because the mining is not “necessary and incidental” to an end use that has all its permits;
• The plans do not meet the Natural Features Conservation regulations of the Zoning Bylaw – for example it does not retain topography to maximum extent possible, allows destruction of historical lands of Native American Wampanoag people, has insufficient conditions to mitigate airborne silica dust, a known carcinogen, and is endangering public health and drinking water supplies for the entire area.

See the Zoning Lawsuit here.Chelsey Adams et al v Plymouth ZBA et al Complaint w Exhibits

The Town, Standish and the Foundation have moved to dismiss the lawsuit for lack of legal standing. They say the plaintiffs who live next to the mine cannot show any “harm.” The neighbors have submitted sworn court testimony of noise, dust and vibration being caused by the mining operation. Scott Hersey, PhD has submitted an affidavit stating that the sand is believed to be carcinogenic silica dust and the neighbors, if exposed, would suffer life long health impacts.

The case is scheduled for a hearing.

 Building Permit Appeal

In March, 2025, CLWC appealed the Town Building Inspector’s Building Permit under the Building Code to the Building Code Appeals Board (BCAB).

In expert testimony and legal arguments, CLWC identified major Massachusetts Building Code violations in the Town’s Building Permit. These include missing construction documents, inadequate fire safety plans, no geotechnical invesetigation and missing specifications for energy compliance.

Read more here about CLWC’s appeal:

• Letter of Appeal t0 the BCAB 2025.07.08 BCAB 25-043 Appellants Memo_
• CLWC’s testimony from A. Vernon Woodworth, FAIA Expert Testimony BCAB Hedges Pond Road July 2025
• CLWC presentation to BCAB BCAB 25-043 71 Hedges Pond Rd. Plymouth Building Permit Appeal 7_10_2025 Presentation

Demanding Accountability

Plymouth Select Board

The Town’s Select Board is ultimately responsible for this unlawful and unnecessary environmental and cultural destruction of Plymouth’s landscape.   

The Select Board:

• Sold the land to the Plymouth Foundation for $1.00;
• Has consistently rejected public calls for accountability and transparency about the sale and sand mining, even treating Indigenous Youth and others with disrepect during a public hearing;
• Went along with the Zoning Board of Appeals that refused to use its power to enforce the Earth Removal Regulation of the Zoning Bylaw;
• Is responsible to ensure that the Building Inspector follows the Building Code: he did not;
• Holds a director position on the Plymouth Foundation; and
• Allows Town employees to serve on the Plymouth Foundation while working on the sand mining deal behind closed doors — the Town Manager, Town Planner, and members of boards and committees are on the Foundation.

The permits were issued despite the community’s request that the Town’s land use officials deny the sand mining as not allowed in the zoning district, or at least require a “special permit” — the highest level of protection.

 Plymouth Foundation

The Plymouth Foundation claims it is a private non profit and does not comply with the Open Meeting Law — yet it collects money from the sale of public lands. This is a shadow government, made up of developers that has been getting sand mining permits from the Town’s ZBA for decades — and collecting revenue from the sales.

CLWC published an expose report, Shining the Light on the Plymouth Foundation May 2025 

Plymouth Planning Board 

This is an elected board of the Town responsible for overseeing these projects. It went along with the scheme and issued a Recommendation that the project be approved in December 2024. The Board ignored the letter from the Herring Pond Wampanoag Tribe for an archeological study. See the 12/24 Herring Pond Letter here. It ignored the recommedation of the Cedarville Steering Committee to reject the project.

Plymouth Director of Inspectional Services

The director  issued zoning and building permits. 

The public sent over 1,000 letters demanding that the Director (Building Inspector) require a special permit under the Town’s Zoning Bylaw. This was ignored. The permits were issued without notifying the public.

Plymouth Conservation Commission

It approved a permit to destroy wetland with plan for “replication” — and based on material misrepresentations by the Foundation and Standish that “150 acres” had been permanently protected as conservation land as mitigation for the 33 acres of destruction – when this was not true. The Commission asked no questions. See the Commission’s documents:

Standish 6/24 NOI 

Commission 7/16/24 Meeting Minutes 

Commission 8/5/24 Order of Conditions 

E.J. Pontiff and companies

Pontiff has operated sand and gravel mines throughout the area for decades, including at 140 Firehouse Road in Plymouth. Currently, the company is expanding a 50-acre mine in Carver.

Timeline

Date	Description
1977	The Town of Plymouth obtains the Cedarville Conservation Area property (Lots 22B, 23, and 24) by tax taking for the purpose of building a landfill, which is never built.
1993 – 2025	The Town designates the Cedarville Conservation Area for public use as open space and conservation land.
April 3, 1993	Town Meeting votes unanimously to change the purpose of the Cedarville Conservation Area land from municipal to open space/conservation purposes, dedicating it to conservation under the Conservation Commission.
1996 – 2017	Town Open Space Committee and Planning Board include the Conservation Area in their plans as dedicated for conservation purposes.
2018	Town Meeting votes on Articles 26 and 27 to transfer portions of the land between the Conservation Commission and the Board of Selectmen, requiring compliance with Article 97.
July 2022	The Select Board sells the Cedarville Conservation Area to the Plymouth Foundation for $1.00 without following Article 97 and other legal requirements.
January 16, 2025	The Town’s Building Inspector issues zoning and building permits to Standish Investments for a 300,000 square foot complex, including sand mining, at 71 Hedges Pond Road.
February 7, 2025	The Plymouth Foundation sells the Cedarville Conservation Area to Standish Investments LLC/Eric Pontiff for $3.4 million and provides a $350,000 mortgage to Pontiff.
February 11, 2025	Indigenous youth speak at the Select Board meeting, urging inclusion of tribes in discussions about the sand mining project.
February 14, 2025	Seven Wampanoag Nation members and six Plymouth residents file legal appeals challenging the Town’s permits for the sand mine and development at 71 Hedges Pond Road, and CLWC files a demand for a cease and desist after confirming that work began before the legal appeal period expired.
February 14, 2025	Tree clearing begins at 71 Hedges Pond Road, cutting down ancient trees on Wampanoag lands.
February 16, 2025 7:00 PM	CLWC holds its second public forum on sand and gravel mining in Plymouth.
March 3, 2025	Second day of Zoning Board of Appeals public hearing on a proposal by PA Landers to expand a nearby sand and gravel mine, adjacent to 71 Hedges Pond Road.
March 24, 2025	Drone video shows the denuded Cedarville Conservation Area site after logging, stump removal, and grading by Standish Investments.
March 25, 2025	A Citizen Group of 24 residents delivers a Notice of Intent to Sue to the Select Board, Plymouth Foundation, and Standish Investments regarding the sand mining operation at 71 Hedges Pond Road.
March 28, 2025	Press release issued announcing the legal challenge to the sand mine under the Citizen Suit Law.
April 7, 2025	Mashpee Wampanoag Tribal Chief Brian Weeden speaks at a public hearing, condemning the sand mining project and its impact on Native American graves and heritage.
April 7, 2025 6:00 PM	Public hearing scheduled at Plymouth Town Hall regarding the zoning and building permits for the sand mining project.
April 17, 2025	After over seven months of advocacy, a group of More than Ten Residents files a lawsuit in Superior Court challenging the sand mining project.
April 19, 2025	Blog post or report date summarizing the lawsuit against the Town, Foundation, and Standish.
April 29, 2025	The Ten Residents submit a Memorandum of Law and three affidavits supporting their request for an injunction to halt the sand mining project.
May 2, 2025	Court hearing held on the Residents Group’s request for an injunction to stop the sand mining project, with arguments presented by both sides.
June 18, 2025	Judge Glenny denies the Group’s request for an injunction to stop the sand mining pending the outcome of the case.
November 25, 2025	Judge Leighton rules for the Group and against the Town, allowing the case to proceed to trial.

Find Out More

Press and Media

 

Cape Cod Times

March, 2025

 April 15, 2025

Plymouth Independent

February 12, 2025: Permit should not have been issued: Letter to the Editor

April 10, 2025: ZBA Votes

April 19, 2025 Opponents Sue

November 13, 2025: What is the Plymouth Foudation About?

 

Stay involved! Don’t let this happen again!

 

CLWC will continue to pursue accountability and appropriate mitigation for the tragic loss of the Cedarville Conservation Area and the Herring Pond Wampanoag Great Lot.

The Foundation, the Town, and EJ Pontiff claim this is a “unified complex” for a hockey rink, warehouse, and two lumber yards. The site is listed for sale. Are the new owners committed to these uses? Or was this “complex” concocted to obtain as much sand and gravel as possible?