- Town issues illegal wetlands permit, Makepeace violated wetlands law
- AD Makepeace continues reckless development at Redbrook, threatening more wetlands, forests, Indigenous history, biodiversity
- Residents group appeals the wetlands permit to the highest court at DEP
The next phase of the Redbrook expansion requires a road around Deer Pond. On November 1, 2023, the Plymouth Conservation Commission rubber stamped a wetlands permit for the road. Click here for the documents: Makepeace Wetlands Application and Permit, 2023
The law provides a right to appeal the Town’s illegal permit to the state Department of Environmental Protection (DEP).
Group, CLWC file wetlands legal appeal
Click here for the Nov. 13, 2023 Wetlands Appeal.
The key grounds for the appeal are that the Conservation Commission:
- Granted illegal waivers
- Allowed Makepeace to improperly segment the road from the residential buildings and infrastructure
- Did not require Makepeace to disclose the location of the residential buildings or provide an adequate storm water plan
The appeal also identifies potential illegal altering of wetlands by Makepeace’s sand and gravel mining and cranberry bog expansion north of Deer Pond.
Under the appeal process, MassDEP conducted a site visit in early January 2024. Here are Makepeace’s comments to DEP: Foley Lardner Re SOOC Garden Road Plymouth 01.03.24
Here are CLWC’s comments of January 19, 2024.
May 3, 2024: MassDEP issued a decision on the wetlands appeal – they approved the “Superseding Order of Conditions,” which says that the Conservation Commission’s permit is proper.
There is a right appeal this decision to an administrative hearing at DEP. Read more about the state wetlands program here.
Group, CLWC Appeal DEP’s Decision; Vow to Continue Fighting to Save Deer Pond
May 17, 2024: A Ten Residents Group out of Plymouth along with Save the Pine Barrens have appealed the DEP’s decision to approve the Superseding Order of Conditions for Deer Pond. They filed the appeal with the DEP’s Office of Appeals and Dispute Resolution (OADR)
Click here for the May 2024 OADR filing.
The key grounds for the appeal of the DEP’s decision are as follows:
- The superseding order of conditions is based on incomplete and inaccurate information;
- The site requires compliance with stormwater standards;
- The area is significant to public water supply and fisheries;
- The superseding order of conditions does not adequately protect wildlife habitat.
A hearing in Boston for the testimony for the appeal will be scheduled in about 4 or 5 months. In the meantime, Plymouth residents and Community Land and Water Coalition will continue to work together to put pressure on the DEP and our local agents to better protect our natural resources areas and Save Deer Pond!