Plymouth: Cherry Street: Another Gas Station in Aquifer Zone

Protecting Plymouth’s Sole Source Aquifer: ZBA Hearing May 18, 2026

For years, the intersection of Route 44 and Cherry Street, now Colony Place,  Plymouth has been a hub of heavy industrial activity and sand and gravel mining and processing by PA Landers and TL Edwards. 

See the Site Plans here.222-101 Site Plan R3 222-101 Site Plan

The Site & TL Edwards Request to the ZBA

TL Edwards, Inc. submitted a project application on December 2, 2025, seeking a Special Permit from the Plymouth Zoning Board of Appeals pursuant to Section 205-16 and the use table of the Plymouth Zoning Bylaw to allow an automobile filling station and convenience retail uses in the MC District.

The project is on about 38 acres within the Mixed Commerce (MC) Zoning District.

It is a sand and gravel pit with associated dirt travel ways, stockpiles, and a bituminous concrete parking area. Since at least 1995, the site has been extensively excavated, with satellite imagery showing multiple ponds and significant topographic changes within the Plymouth-Carver Sole Source Aquifer. The site also serves as overflow vehicle storage for the Plymouth Hyundai dealership located at 299 Cherry Street.

It was rezoned from Light Industrial (LI) in 2025 through a citizen’s petition led by the Plymouth Foundation. A portion of the property is located within a MassDEP Zone II Wellhead Protection Area and the Town of Plymouth’s Aquifer Protection Overlay District (APOD), established based on a 1987 hydrogeologic analysis for two Town of Kingston public water-supply wells located north of the site.

The proposal is to build an approximately 6,000-square-foot convenience store with a drive-through and an accompanying six-pump, twelve-position gasoline filling station, replacing a portion of the existing material storage yard. The lot will be subdivided by an Approval Not Required (ANR) Plan, and a portion of the resource recovery operation will remain after construction.

Concerns for the aquifer

Significant opposition has been raised by abutters, community organizations, and their retained experts. Attorney Daniel J. Goodrich of Murphy & King, representing ten concerned citizens, submitted a report by Geosyntec Consultants, Inc. on April 17, 2026. Geosyntec concluded that the stormwater management system fails to provide adequate protection for the Zone II, does not satisfy key Massachusetts Stormwater Standards, and is inconsistent with the Town’s APOD regulations. Specific deficiencies include: the fueling area canopy (required by code to be metal) discharges to infiltration without adequate pretreatment for metals; the First Defense hydrodynamic separator cannot remove dissolved petroleum hydrocarbons; and the Applicant incorrectly indicated that Stormwater Standards 5 (LUHPPLs) and 6 (Critical Areas) do not apply. Geosyntec also identified a discrepancy in the APOD boundary, finding it misaligned by approximately 10 feet relative to the MassDEP-approved Zone II and the Town’s GIS data.

Energy North Incorporated submitted peer review reports from Nitsch Engineering and Haley & Aldrich. Haley & Aldrich conducted a hydrogeologic peer review using the regional USGS groundwater model and concluded that, under an updated Zone II analysis applying the MassDEP-approved methodology, the APOD would cover the entire site — including the proposed fueling area — under two of three modeled scenarios, meaning the service station would be prohibited under the Plymouth Zoning Bylaws. Haley & Aldrich further noted that the Applicant’s plans do not include groundwater monitoring wells or a monitoring plan as required by Bylaw Section 206.1.H.4.b.

Nitsch Engineering’s traffic peer review identified multiple safety concerns, including that the Stopping Sight Distance at the Commerce Way driveway assumes a 20-mph speed limit despite a posted limit of 30 mph and 85th percentile speed of 38 mph, the TIA uses an incorrect use code for the drive-through (undercounting traffic), and the plans do not comply with bylaw requirements for entrance and exit driveways. Nitsch recommended the Petitioner remove, redesign, or restrict site access due to potential negative safety and capacity impacts.

See the reviews here. Geosyntec Consultants Cherry St Plymouth Third Party Review

Haley Aldrich/Nitsch Engineering

CLWC’s letter dated April 20, 2026 urges denial, contending that the project fails to demonstrate compliance with critical stormwater and aquifer protection requirements.

What TL Edwards Engineers’ Say

McKenzie Engineering Group, Inc. (MEG), prepared site development plans, a Drainage Calculations and Stormwater Management Plan, and a Traffic Impact Assessment. MEG’s plans, originally dated November 24, 2025, were revised on February 13, 2026, in response to a peer review letter from the Plymouth Department of Public Works (DPW) Engineering Division.

In its February 18, 2026 response, MEG addressed general, drainage, transportation, and water and sewer comments. Key general revisions included adding an Emergency Vehicle Access Plan, paving the first 20 feet of the construction entrance, adding a second temporary sedimentation basin, and committing to monthly erosion control reports stamped by a Registered Professional Engineer.

Regarding drainage, MEG added a drainage manhole (DMH #4) with a Fontaine Aquanox flap gate to allow the closed-drainage system to be shut down and isolated from subsurface infiltration in the event of a spill. MEG specified asphalt shingles rather than metal roofing to avoid special treatment requirements under Massachusetts Stormwater Regulations. MEG reported that the project would reduce 100-year storm peak runoff by 78.6% at Cherry Street, 87.9% at Commerce Way, and 37.8% at the rear property line.

For water and sewer, MEG noted that underground storage tanks were located outside the APOD and Zone II, positioned to maximize distance from the boundary, and committed to finalizing groundwater monitoring well locations with the DPW Water Division prior to building permit issuance. The majority of DPW’s original comments were marked “Comment Satisfied” in the DPW’s second review, with certain items deferred to be satisfied prior to construction or occupancy.

It’s all connected!

SLT Construction Co. has a 40 acre sand mine and proposed residential housing project along the same Route 44 corridor.

Expert hydrologist Scott Horsley, hired by the Town of Plympton Board of Health, testified at a Plympton ZBA hearing in April, 2026 that SLT’s proposal will negatively impact the Aquifer. This groundwater is all connected! Read more here.

Tell the Plymouth ZBA: Aquifer Protection Is Non-Negotiable

Plymouth relies on its Sole Source Aquifer—there is no substitute. TL Edward’s location within overlapping Zone II wellhead protection areas elevates the risk: contaminants reaching the ground here migrate to municipal wells . When fuel handling, metals-laden runoff from metal roofs, and expansive pavement intersect with direct infiltration in Zone II, the margin for error disappears. Independent reviewers urged the Zoning Board of Appeals to continue the application so these deficiencies can be addressed . Strict application of the APOD and stormwater standards is not bureaucracy; it is our community’s firewall.

Below: MassMapper GIS (state map) showing MassDEP designated well protection zone of Plymouth wells and the gas station. 

A Record That Demands Scrutiny

For decades, the Town of Plymouth Building Inspector, Planning Department and ZBA have turned a blind eye to the PA Landers and TL Edwards operation. In February, 2023, CLWC filed an enforcement request. The Town did NOTHING! See the CLWC letter below. 
 
The environmental destruction of the past at this site underscores why vigilance is essential now. Public records show decades of excavation on the aquifer with no earth removal permits of record and operations inconsistent with past special permits . Documented fugitive dust and the absence of required air quality monitoring reports further illustrate long-running compliance gaps . That history makes rigorous, transparent review of any new high-risk use imperative.

Your Voice Is Needed

ZONING BOARD OF APPEALS: May 18, 2026

6 PM Town Hall

1820 Court Room, 2d Floor, 26 Court Street

Our aquifer is Plymouth’s lifeblood. Development must follow the law—and the science—to keep it clean.

Background: Lack of Zoning Enforcement

February 22, 2023: CLWC files request for enforcement of Zoning Bylaw.