Plymouth Ten Residents Group, Save the Pine Barrens, Inc. Win Round in Legal Challenge to Protect Wetlands and Deer Pond at Redbrook, South Plymouth
Makepeace Expansion Around Deer Pond Threatens Wetlands, Water Quality, Wildlife
Makepeace Illegally Filled Wetlands to Build Redbrook Road, Says Expert
CLWC Continues Organizing, Advocacy to Save Deer Pond. Read more here.
Deer Pond, Plymouth, MA. 2022
Update
September 2, 2024:
Ten Residents, STPB win round in fight to protect globally rare pond, water in South Plymouth: State judge denies Makepeace motion to dismiss legal appeal challenging Plymouth’s wetlands permit for AD Makepeace Redbrook expansion around Deer Pond.
Timeline
Since about 2018, AD Makepeace (“ADM Agawam Development”) has been recklessly developing a large tract of land in South Plymouth. Huge swarths of rare Pine Barrens forests have been destroyed — acres at a time in a few days. Makepeace strips the land bare and removes sand and gravel and trees to sell. This is a 1,300 home development known as “Redbrook”. It controversial. Makepeace keeps trying to evade agreements and permits. The public is pushing back. Read more from Redbrook residents here — people who bought expensive homes based on Makepeace’s promises they say are being broken. Read more here, “What are Makepeace’s true intentions at Redbrook?” from the Plymouth Independent on March 30, 2024.
Now, Makepeace is seeking permits to expand the development with a new road, “Garden Road”. The road is along the shores of Deer Pond, a pristine pond. The pond is rich with biodiversity and Native American history. It is a Priority Habitat for rare species. It deserves protection from the reckless development Makepeace is planning.
Makepeace’s Garden Road expansion requires permits, including a Plymouth Conservation Commission wetlands permit. Plymouth granted a permit but it did not follow the Wetlands Protection Act, a state law. The law gives the public the right to appeal wetlands permits.
CLWC is raising awareness and advocating to protect Deer Pond and its wetlands. In this case, we filed a legal appeal to enforce the state Wetlands Protection Act and to protect the Pond, drinking water, and biodiversity.
We fight for the environment and the people living near precious natural areas like Deer Pond. That is a key part of our mission! Read more about our advocacy here.
Timeline in legal fight to save Deer Pond
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- November 3, 2023 Plymouth Conservation Commission issues a Wetlands permit (“Order of Conditions”) allowing Makepeace to build the road. Click here for Makepeace Wetlands Application and the Permit.
- The Town’s Wetlands permit violated the law, so Save the Pine Barrens (STPB, the parent group of CLWC) pursued the legal route to protect our wetlands.
- November 16, 2023 Save the Pine Barrens (STPB) took the first step in appealing the inadequate permit. STPB asked the state Department of Environmental Protection (DEP) to overturn the Town permit because it does not protect the wetlands. This is called a request for a Superseding Order of Conditions. Read more about the legal process here. Wetlands regulations: appeals.
- January 2024: MassDEP conducted a site visit in early Here are Makepeace’s comments to DEP. Read Makepeace’s comment letter to MassDEP on the appeal: Makepeace letter 01.03.24
- January 19, 2024: CLWC/STPB responds to Makepeace
- May 3, 2024: MassDEP upheld the Town Order of Conditions permit saying the Town did not violate the law.
- May 17, 2024 a Plymouth Ten Residents Group and STPB took the next step and filed a Notice of Appeal. This is an appeal for an “administrative hearing” that is submitted to MassDEP’s Office of Appeals and Dispute Resolution (OADR). Read the appeal here: Wetlands Appeals The key grounds for the appeal are MassDEP’s permit does not protect wetlands for many reasons including because:
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- It allows Makepeace to improperly segment the road from the residential buildings and infrastructure for stormwater planning
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It allows potential illegal altering of wetlands by Makepeace’s sand and gravel mining and cranberry bog expansion north of Deer Pond.
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- August, 2024: Makepeace files a “motion to dismiss” the appeal. Makepeace claims the Ten Residents Group and STPB do not have standing. We fought back and won.September 2, 2024: State administrative law judge rules the Ten Residents and STPB have legal standing to pursue the case.
Victory! We win one for Deer Pond and residents on Sept. 4, 2024!
After the Plymouth Ten Residents Group and STPB filed the legal appeal on May 17, 2024 challenging the permit for Garden Road around Deer Pond, A.D. Makepeace (ADM Agawam) filed a motion to dismiss the case. Makepeace asked the administrative law judge to throw out the case saying the Ten Residents and STPB do not have legal standing.
Read more about legal standing here.
Read Makepeace’s August 2024 motion and legal memorandum here.
Lawyers for the Ten Residents Group and STPB fought back. We filed a legal memorandum opposing Makepeace. Read our memorandum here.
On Sept. 2, 2024 the administrative law judge ruled that the Ten Residents Group has legal standing. He ruled that STPB has to submit another legal filing to show it has legal standing. Read the judge’s Sept. 2, 2024 ruling here.
Next steps in using the law to protect Deer Pond
There is a schedule of steps for submitting testimony and evidence. The Ten Residents, STPB and their experts aim to prove that the wetlands permit is illegal and that Makepeace illegally filled the wetlands to create the road. Here is the timetable. A hearing is scheduled for JANUARY 21, 2025 at the MassDEP office in Lakeville MA. Read the judge’s scheduling order here.
More about AD Makepeace, Redbrook and the company’s schemes
It’s past time for Plymouth to say no to Makepeace, Plymouth Independent, July 23, 2023
Makepeace proposal to add higher priced homes at Redbrook divides Planning Board July 17, 2024, Plymouth Independent
AD Makepeace’s Tihonet Mixed Use Development bait and switch. Read more here.
Read more about Wetland laws and the public’s rights and avenues for enforcing them
About the wetlands appeals and administrative hearings under Massachusetts law.
About the Massachusetts wetlands program here.
Plymouth: AD Makepeace @ Redbrook Seeks $4 million in taxpayer subsidies