Tag Archive for: sand and gravel mining

Plymouth: The Plymouth Foundation: A shadow government of land developers?

Plymouth Foundation is a registered  IRS 501(c)(3) charity, acts as shadow Town government according to research

Foundation listed on Town  website, taxpayers fund  staff salaries according to IRS filings

Foundation stacked with developers, 3 town employees, makes land deals with the Town

Update:  Attorney General’s Ruling Oct. 15 2025 says Foundation does not have to follow the Open Meeting Law, allows Foundation to continue to meet in secret

Attorney General Rules Foundation Exempt from Open Meeting Law: October 15, 2025

All the more reason for Town Meeting to vote YES on Article 26!

On October 15, 2025, the Attorney General ruled the Foundation is not covered by the Open Meeting Law because it is a private, not public, entity. This allows the Foundation to continue to meet in secret to talk about things like selling off Town land and helping developers with their projects. Read the Attorney General’s Ruling Oct. 15 2025 ruling here

The Attorney General ruling was in response to a September 25, 2024 Open Meeting Law complaint filed by CLWC here: Open Meeting Law Compliant Sept. 25, 2024. CLWC argued the Foundation should have to follow the Open Meeting Law because paid and unpaid town “employees” run the Foundation, the Town funds the Executive Director’s salary, and the Foundation uses Town resources to promote its mission of economic development.

While it might be technically “legal” for the Foundation to operate behind closed doors to promote “economic development” is this open and transparent government?

The Town Manager, the Town Planner and the Foundation’s Executive Director are being paid by the Town when they are meeting behind closed doors and conducting business for the Foundation. Should the public have the right to know what they are talking about?

Is the preferential treatment given to “economic development” by the Town and Foundation fair to other interests? Should the Town provide equal access and funding to other groups interested in the future development of the Town such as housing or sustainable development advocates? Why special treatment for business people promoting economic development?

The Attorney General’s Ruling turns on the legal question of whether the Foundation is a “public body” under the Open Meeting Law. The Attorney General ruled it is not a public body so does not have to comply with the Open Meeting Law.

Read more:

Report: Shining the Light on the Plymouth Foundation

Letter to the Editor: The Secretive Foundation is a shadow government of Plymouth Town Hall, 2024

Background

Who is the secretive “Plymouth Foundation”? The Foundation recently rebranded itself – it was founded in 2001 as the “Plymouth Regional Economic Development Foundation”. Here is its www.plymouth-ma.biz 

Is the Foundation a shadow government working hand in hand to siphon Town owned land into the hands of developers for private profit?

The Foundation claims “Our work preserves the character of our community and enriches quality of life in Greater Plymouth, Massachusetts.”

But the Foundation is involved in sand and gravel mining deals. Is this preserving our community?

In 2005, the Town sold 23 acres of public land to the Foundation which then conducted a sand and gravel mining operation.  Read about the Foundation’s sand mining at 103 Hedge’s Pond Road (Cantor Court) on SandWars.org  and on this  blog.

In 2022, the Plymouth Select Board sold more Town land to the Foundation —  33 acres for $1.00. The land is part of the Cedarville Conservation Area. The Town Planning and Development Department told Town Meeting that 134 acres would be put into conservation in exchange for the 33 acre sale. The 134 acres was not in put in conservation when the sold the Conservation Area to Standish Investment Group whose principal is E.J. Pontiff. Pontiff is involved in sand mining throughout the region. Read the blog: “Just say NO to New Sand Mine in Cedarville Conservation Area.”

Foundation registered IRS 501c3 charity

The Foundation is an IRS 501(c)(3) charity. This allows the Foundation to be exempt from paying  taxes on money it makes. Should the Foundation be claiming  “tax exempt” status when it is doing sand mining and selling Town land to developers? 

The Foundation’s tax returns from 2004 to 2023 here.   The tax returns show the Foundation generated income from sand and gravel mining.  Was the income generated by mining on Hedges Pond Road at the Cantor Court site where the ZBA gave the Foundation two sand and gravel mining permits?

Below: Example of Foundation’s IRS 990 tax return showing income from “sand and gravel sales” in 2008 and 2009.

On its 2022  IRS 990 tax returns the Foundation listed a website called  “econdevtownhall.plymouth.ma”. This website is supposed to be the place where the public can find the Foundation’s records and reports. The website is defunct.  Where are the records?

  A shadow government?

The Foundation has all the features of a “government body”  — but operates in the shadows behind closed doors in meetings with the developers on the board and the three town officials — making sand mining deals and selling land. The Foundation’s website mimics the Town website: “plymouth-ma.biz” much like the official Town website  “plymouth-ma.gov“.

The Town website features the Foundation prominently with a “Quick Link” and then identifies the Foundation’s Executive Director as “staff” of the Planning & Development Department. The Town website shows this below.

Then, the Town Planning and Development website lists “Economic Development & Tourism“:

Then the Town’s Economic Development & Tourism page lists Plymouth Foundation executive director Stephen Cole in the “Staff Directory”. As shown below, the Town website leads the public to believe the Executive Director of the Plymouth Foundation has an office at Plymouth Town Hall, 26 Court Street.

Three Town officials have permanent spots on the board of directors of the Foundation under the Foundation Bylaws. Two of them are paid town employees: the Town Manager and the Town Director of Planning and Economic Development. Are these town employees working for the Foundation as part of their town jobs, with their salaries paid by taxpayers?  Is this a conflict of interest? The third board position under the Foundation bylaws reserved for Town officials is the Chair of the Select Board.

See the Foundation’s list of most recent list of officer and directors of the Foundation below:

Source: Secretary of State, Corporations Division, Massachusetts

 

The directors include developers Rick Vayo, William Hallisey, and Dee Wallace Spencer, who is related to Scott Spencer of the sand and gravel mining project on Route 3 in Plymouth, as well as developer Tom Wallace.

Town taxpayers fund Foundation’s staff salary

The Foundation’s tax returns say that it provides “services” to the Town of Plymouth. For example, the Foundation’s 2022 IRS 990 tax returns state under Relationship of Activities to the Accomplishment of Exempt Purposes in Part XV-8, Line 11a:

“Economic development provide economic development services to the Town of Plymouth and such related services to other charitable organizations. Create and implement an industrial park within the Town of Plymouth To provide study of land and development….” 

Below: Plymouth Foundation 2022 IRS 990 tax return describing “economic development services to the Town of Plymouth.” This appears to be describing the executive director that the Town pays for.

Source: ProPublica

 

Below: Plymouth Foundation 2014 IRS 990 tax return stating it is “currently fee for service with the Town of Plymouth, providing Economic Development Director for the Town of Plymouth”. This also identifies sand and gravel sales in 2010 for $308,333.00 and in 2011 $261,444.00.

The Town is not a “charitable organization.” There are questions about whether a private 501(c)(3) can pay the salary of what is essentially a Town employee who appears on the Planning & Development directory as “Staff.”

On September 23, 2024, CLWC submitted a request to the Town Manager under the state Public Records Law for all records showing Town payments to the Foundation since 2001, including salary for the Foundation executive director. See the request Public Records Request to Plymouth here.

Click here to see the 2014 Memorandum of Agreement between the Town of Plymouth and the Plymouth Foundation. MoU-ToPandPREDF

Click here to see the 2025 Memorandum of Agreement between the Town of Plymouth and the Plymouth Foundation. This MOU was increased by 21.8%, raising the annual taxpayer contribution to the Plymouth Foundation from $125,000 to $152,298.

Click here to se a spreadsheet containing all records of monetary compensation paid by the Town of Plymouth to the Plymouth Foundation since 2009. 

 Conflicts of interest?

The state’s Conflict of Interest law prevents government employees like the Town Manager, Development Director and Selectboard members from engaging in activities that conflict with their duties to the Town. Read more about the State Ethics Commission here.

Carver: Legal Efforts to Shut Down AD Makepeace Co. Sand Trucking Hub: Read Custom Soils

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Carver: Pontiff-Ryco Excavating Mining Site, 104 Tremont violates wetlands laws, more

May 1, 2026: Breaking News: Ten Residents Group Seeks Court Injunction to Stop Sand Mining

The court filing seeks an injunction based on Damage to the Environment in violation of environmental laws. It states: 

Pursuant to M.G.L. c. 214, § 7A (“Citizen Suit Law” or “§ 7A”), Mass. R. Civ. P. 65, and Superior Court Rule 9(A)(e)(1), Plaintiffs, comprising a Ten Residents Group, submit this Memorandum in Support of their Motion for a Preliminary Injunction seeking to enjoin Defendant E. J. Pontiff Cranberries, Inc. (“Pontiff”) and those acting in concert with it from continuing the expansion of a 46.5 acre commercial sand and gravel mining1 operation at 104 Tremont Street, Carver, Massachusetts (the “Site”)(Town of Carver Assessor’s Map 123, Lot 13).

Plaintiffs seek to enjoin Pontiff’s commercial mining in violation of laws the major purposes of which are to prevent or minimize Damage to the Environment under § 7A:

  • Massachusetts Wetlands Protection Act, M.G.L. c. 131, § 40 (“WPA”) and the Wetlands Regulations, 310 CMR 10.00 (“Wetland Regulations”) flatly prohibit work during a pending administrative appeal and the Presiding Officer in that proceeding has ruled, “[a]ny work is therefore already prohibited,” yet Pontiff continues land clearing and excavating resulting in the alteration of up to 7.02 acres of Buffer Zone to Bordering Vegetated Wetlands and up to 3.02 acres of Riverfront; and absent adequate erosion and sediment controls required under the WPA and Wetland Regulations;
  • Town of Carver Earth Removal Bylaw, Chapter 136 (“By-law”) and Massachusetts Erosion and Sediment Control Guidelines (“Manual”) require a 50-foot undisturbed buffer to Myles Standish State Forest that has been and is being eliminated, causing tree loss and allowing emissions of sand dust exposing visitors to the park to air pollution; and
  • Massachusetts Endangered Species Act (“MESA”), M.G.L. c. 131A, §§1-7 and Regulations thereunder, 321 CMR 10.00 (“ESA Regulations”) that require specific conditions to avoid a Take of the Northern Red-bellied Cooter turtle caused by the elimination of 1.7 acres of actual habitat.

 Read the Lawsuit and Injunction Here:

Ten Residents Seek Injunction May 1, 2026 2026.05.01.Pl Memo ISO Short Order and PI 2683CV301 Pl.ListAppendices Appendix 1 Fanuef Affidavit Appendix 1 Fanuef Affidavit.pdf Appendix 2 Affidavit Powell Appendix 3 Fosgate Affidavit Appendix 4 Hatfield Affidavit 2026.04.02 Complaint w verificaiton Ten Residents v. Pontiff 104 Tremont

  • For over 20 years mining has been destroying wetlands, endangered species habitat with no regulation except by the Carver Earth Removal Committee

  • Residents sue to revoke  Carver Earth Removal Permit, wetlands permit State refuses to issue cease and desist to stop illegal mining without a wetlands permit

Background

Behind the facade of “Federal Furnace Cranberry Co.”  at 104 Tremont Street in Carver, Massachusetts is a history of destructive and illegal sand and gravel mining on about 120 acres.  The company grows cranberries and gets permits from the Town of Carver claiming the industrial scale sand mining is “agriculture”.

In 2024, Federal Furnace Cranberry’s new owner EJ Pontiff Cranberries, Inc., obtained a permit from the Carver Earth Removal Committee mine 46.5 acres of the last forested uplands on the site. The permit is worth about $15 million in sand and gravel. Pontiff claims the mining is just to level the site for “17.8 acres for five new cranberry bogs.”

 

Chronology of destruction

The Sand Wars report documents that mining has leveled about 120 acres for sand and gravel at this Site with another almost 50 acres underway.

Read more here.

Below: Pontiff’s sand mining underway, July, 2024 at 104 Tremont Street, Carver MA 

Below:  EJ Pontiff Cranberry starts clear-cutting forest for strip mine, 104 Tremont St., Carver MA April, 2024

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Below:  Mining operation about 2010 (Google Earth Pro image)

Below: Mining in the Plymouth Carver Sole Source Aquifer, October, 2018 

This shows a mining in the Sole Source Aquifer, sand processing and dewatering operation and commercial sand and gravel processing equipment at the 104 Tremont Street site.. Dewatering by pumping water out of the aquifer makes it easier to  dig deeper. The sand is washed on site to extract fine particles. The process water is then discharged on site.

This was never permitted by any local, state or federal agency. To date, the state and federal agencies refuse to take enforcement action.

Who is “EJ Pontiff Cranberries, Inc.”?

In 2022, EJ Pontiff Cranberry Co. of Duxbury MA purchased the Federal Furnace Cranberry site. Pontiff is one of the largest sand and gravel operators in the region. Pontiff has been mining in Plymouth and Carver for decades under various names and often with AD Makepeace according to town records and reports. EJ Pontiff’s mining in Carver includes a site on Ward Street done under the name of “Cedar Meadow Cranberry.” Read more here.

Pontiff and P.A. Landers recently finished a massive 1+ million mining operation on Firehouse Road in Plymouth.  Pontiff bought the Firehouse Road mining site from Federal Furnace Cranberry Co. Pontiff bought the 104 Tremont Street mining site from the Federal Furnace Cranberry Co. in 2023.

Cranberries or sand mining? The cranberry industry is in decline and can’t make money, according to a number of industry, academic, and government sources. The world’s largest cranberry grower,  A.D. Makepeace of Wareham is trying to sell off bogs because cranberry farming is unprofitable. Yet EJ Pontiff Cranberry in 2024 is being allowed by the state to 46.5 of forested hills to mine  $15 million in sand and gravel to build bogs at some future unknown time?

Click here to read about how sand mining companies exploit agricultural loopholes to mine sand. 

 

Advocacy Efforts

Read more here about efforts to enforce environmental laws against EJ Pontiff Cranberries for mining at this site. 

Here is an overview of CLWC and local residents’ advocacy efforts:

Lawsuit to revoke Earth Removal Permit: In February, 2024, the town of Carver gave Pontiff a new earth removal permit for the site — for about  1.5 million cubic yards – about $15 million worth of sand and gravel.  This is about 40,000 truck loads.   On April 19, 2024, two residents filed a lawsuit to revoke the permit. See the lawsuit here.

The lawsuit claims the permit violates the Bylaw:

  • The ERC is not authorized to issue permits for Commercial Mining at this location because it is not agriculture.
  • Even if it could issue the permit the ERC did not require things mandated by the law, such as a way to independently monitor how much sand Pontiff mines.
  • The site plans lack required items such as Vegetation, Primary recharge areas, or groundwater levels before and after excavation.

The permit is also illegal because ERC members who were not in attendance at the hearings issued the permit, which would void the permit. The ERC members have conflicts of interest.  Read more about Cranberry Country Corruption here.

Challenge to state Wetlands Permit: The 2024 mining expansion on 46.5 acres requires a permit under the state and local wetlands laws. The state granted wetland approval on April 12, 2024.  On April 26th, 2024 a Carver Ten Residents group filed an Appeal Notice of MassDEP’s Superseding Order of Conditions (SOC) issued to EJ Pontiff Cranberry Co. See the appeal here. The appeal says MassDEP is not protecting wetlands.

Wetlands Appeal: On August 7, 2024, a Carver Ten Residents Group continued its advocacy efforts against illegal sand mining in Carver. The Group  appealed a wetlands permit issued by the state Department of Environmental Protection (MassDEP) in April 2024. Read more here.

  • Massachusetts’ environmental agencies sides with sand mining company, won’t stop illegal operations, state’s legal filings admit no wetlands permit but says enforcement of wetlands laws “discretionary”
  • Experts say sand worth $24 million on 50 acre site started in early 2024
  • CLWC supports Carver Ten Residents fight for environmental protection from illegal mine 
  • Legal filings and affidavits say state DEP lawyer interfered with Ten Residents right to obtain evidence of wetlands violations

The appeal is at the administrative hearing level at the State Office of Appeals and Dispute Resolution with MassDEP On July 17, 2024, the Group’s wetlands experts used the legal process to attempt to identify the wetlands that could be harmed by the mining operation. Pontiff and MassDEP’s lawyers interfered with the expert’s work. Pontiff refused to let the experts view important wetland areas on the site.

On August 7, 2024 the Ten Residents Group took action:

  1. They asked the administrative law judge for “discovery” to allow their wetlands expert to view the wetlands. Without knowing where the wetlands are, it is impossible to protect them from the mining operation. The state wetlands law requires MassDEP to protect the wetlands. Read the Ten Resident’s Legal Memo here.  See the Exhibits to the Legal Memo here.
  2. They asked the administrative law judge to remove the MassDEP lawyer from the case. The affidavits of the Ten Resident’s lawyer and experts document the lawyer’s inappropriate actions and interference with the Group’s right to collect evidence of wetlands and to present their case. Read the Ten Resident’s Legal Memo to Remove the DEP Lawyer here.

Read more about this mining operation here and CLWC’s advocacy here. 

See the wetlands permit plans here.

May, 2024: State refuses to stop illegal work. The state wetlands law prevents work when an appeal is pending.  Pontiff has already started work at this site including clear cutting trees and hauling them off site. As of July 2024, the mine is in active operation.  Read more here about Ten Residents request for a cease and desist. 

CLWC demands MEPA environmental study. Read the August 1, 2024 demand letter here.

Notice of Intent to Sue: On August 8, 2025, a Ten Residents Group, including Community Land and Water Coalition (CLWC) and local residents, sent a Notice of Intent to Sue under M.G.L. c. 214, § 7A regarding the sand and gravel mining and related activities at 104 Tremont Street, Carver.

The notice states that since at least 2006 the site has been used for land clearing, logging, excavation, earth removal, sand and gravel mining, grading, and filling, causing “ongoing, cumulative damage to the environment.” It describes damage to wetlands, rare species habitat, historic areas, and the Plymouth Carver Sole Source Aquifer, as well as air and water pollution from dust, silt, and sand.

The letter lists multiple violations of law, including:

  • The Clean Water Act

  • The Massachusetts Clean Air Act

  • The Wetlands Protection Act

  • The Carver Earth Removal Bylaw

  • The Massachusetts Endangered Species Act

The Ten Residents Group seeks an immediate cessation of all activity at the site that is causing or about to cause damage to the environment. If violations do not cease, they intend to file a civil action in Superior Court after 21 days to seek equitable and declaratory relief. Read the letter here. 

 Environmental Justice

The state Environmental Justice map of a portion of Carver is below. These are neighborhoods that are disproportionately affected by environmental hazards, putting them at an increased risk. Under the state’s Environmental Justice policies these communities are supposed to be protected at a higher level due to their vulnerability. Click here to learn more.

Below: Map of Carver’s EJ neighborhoods and some sand mines.

Two massive sand mines are expanding operations in Carver’s Environmental Justice neighborhoods – EJ Pontiff at 104 Tremont Street and AD Makepeace at 46 Federal Road. Makepeace also operates its trucking and freight terminal at 46 Federal Road with hundreds of sand and gravel trucks daily. Read more here. Many mines already operate in EJ neighborhoods — no one knows how many.

Exposure to Silica Sand Dust

A new federal law enacted on April 18th, 2024 acknowledges the adverse health effects caused by exposure to silica dust. These effects include silicosis, nonmalignant respiratory diseases , lung cancer, and kidney disease. Each of these effects is chronic, irreversible, and potentially disabling or fatal.

Archeological Impacts

The purple on the map below shows this is an archeological site according to the Massachusetts Historical Commission.

What has happened to any Native American cultural sites here?

TAKE ACTION: SIGN THE PETITION here

Sand Wars in Cranberry Country Report: www.sandwars.org

An investigation into the money, politics and corruption behind sand mining and its silent environmental crisis in Southeastern Massachusetts

Movie>  Short Version 5 min.  Long Version 10 min.

Cranberry Agriculture? Residential Subdivision? Business Park? Or sand and gravel mine?

Schemes to evade municipal bylaws include “cranberry agriculture”, “subdivision road,” “site preparation” for industrial solar, and residential and commercial projects that never materialize as promised by developers or do not actually require earth removal at all

Plymouth, Carver, Wareham and other town officials complicit, issue permits for projects that do not actually require massive earth removal in order to be constructed

In Dec. 2022, Mass. Dept. of Agriculture doles out $ 1 million in “cranberry renovation grants” to some of the worst strip mine offenders as politicians heap praise

Under numerous scams, a network of interconnected landowners, public officials and trucking companies conduct industrial sand and gravel mining to extract lucrative earth materials for commercial sale. Under Massachusetts law earth removal is regulated at the municipal level. It is prohibited except under certain exemptions. This network exploits the loopholes with the help of engineers, lawyers and town officials.

In a coordinated pattern for decades, this network obtains “earth removal permits” — or in some towns like Wareham don’t get them at all, claiming it is exempt from the law because it is agriculture. It is not agriculture at all but industrial sand and gravel mining. 

Sand and gravel mining operators describe their projects in different ways to get permits. These include:

Cranberry agriculture, building a cranberry bog or “renovating” a bog, building a reservoir or “tailwater recovery pond”  – this includes AD Makepeace, Slocum Gibbs Cranberry, Johnson Brothers Cranberry, EJ Pontiff and dozens more

Commercial development – such as Colony Place or 10 Collins Ave./Spencer in Plymouth

Residential subdivision – such as Spencer/Yellow Maple LLC/Sheava Development in Plymouth

Commercial subdivision – such as SLT Construction in Plymouth

Is this mining really necessary to build these projects?

Carver Earth Removal Committee – Who’s Who

John Garretson, III, ERC Chairman from about 1990 to 2021, owner and operator of Slocum Gibbs Cranberry. While he was ERC Chair, he conducted over a decade of mining operations removing up to a million cubic yards of sand and gravel (worth $9 million) from two sites owned by his company Slocum Gibbs. Garretson’s company obtained one ERC permit from his Committee under the pretense of “Agricultural Excavation” for mining on his Tremont Street property. Garretson conducted mining on his Wareham Street property with no ERC permit. Read the demand for enforcement to the Carver ERC here and Ethics Complaint here. No response from Ethics Commission received as of 10/12/2022; no response from the ERC.

Garretson was pivotal in granting at least five Earth Removal Permits to AD Makepeace from 2008 to 2020. For example, the 2019 and 2020 permits to Makepeace were signed by Garretson (as well as Shurtleff and Ieronimo, also with conflicts of interest — see below). Garretson staged pretenses of “public hearings” and ignored reports of violations. For almost two decades he allowed AD Makepeace to conduct industrial sand and gravel mining under the pretense of “Agricultural Excavation.” Garretson has business and personal relationships with the CEO of AD Makepeace, Jim Kane and a Garretson relative, Terry Gibbs works for AD Makepeace’s Read Custom Soils.

Behind Southeastern Massachusetts cranberry bogs lies a corrupt web of sand and gravel mining. Corporations posing as cranberry farms get mining permits under the false pretense of Agricultural Excavation. Photo: cranberry bog and mining operation, Carver MA
Behind Southeastern Massachusetts cranberry bogs lies a corrupt web of sand and gravel mining. Corporations posing as cranberry farms obtain mining permits under the false pretense of Agricultural Excavation. Photo: cranberry bog and mining operation, Carver MA This site was mined by Gary Garretson, Chair of the Carer Earth Removal Committee for 30 years. Garretson gave his company, Slocum Gibbs Cranberry, a permit to strip mine this site under the false pretense of building a cranberry bog. Fellow Committee member, cranberry “farmer” and trucker John Shurtleff III did the trucking for Garretson while on the ERC. Today, Shurtleff continues to haul sand for Makepeace, Foley Farms and more, profiting from his illegally granted permits. Garretson is seeking permits from the Town Planning Board and Conservation Commission for a subdivision development “Gibbs Drive. He continues to appear before Town boards claiming he’s entitled to more privileges from the Town.

John Shurtleff, Jr. owner and operator of Triple J Screening and Trucking, Shurtleff Sand & Stone, member of ERC for decades, resigned suddenly in 2021. Shurtleff trucks sand and gravel for AD Makepeace (details available on request), SLT Construction, and trucked from Garretson/Slocum Gibbs site on Tremont Street. Shurtleff signed Earth Removal Permits for AD Makepeace and SLT Construction during the time when he was trucking sand and gravel for these companies. Shurtleff signed permits for AD Makepeace when he knew or should have known Makepeace’s earth removal operations were being done under the pretense of “Agricultural Excavation.” Shurtleff knew or should have known SLT’s “subdivision preparation” at the Rickets Pond Business Park was a ruse for sand and gravel mining.

Shurtleff is also owner and operator of River’s Edge Realty, which sold land to Foley Farms for earth removal on Rochester Road/Jabez Bridge Road in Carver. Shurtleff participated in overseeing the first ERC permit given to Foley Farm in about 2019. Foley obtained a second permit in 2021 after Shurtleff abruptly resigned from the ERC. Shurtleff continued to haul sand and gravel from the Foley site. Foley obtained both Earth Removal Permits from the ERC under the pretense of Agricultural Excavation for cranberry bogs and a “blueberry farm.” Foley and Shurtleff appear to be involved with AGDA-Haseotis conducting earth removal in Carver. AGDA also conducting earth removal in East Bridgewater. Enforcement demand involving Shurtleff here, Ethics Complaint here and Ethics Commission warning letter regarding Shurtleff here.

Shurtleff Sand & Stone hauling sand and gravel from Foley Farms mining site, Rochester Road, Carver MA on March 29, 2022. Details available on request.
SLT ERC truck log, December 2018 showing “Shurtleff Trailer” trucking 32.8 cubic yards of sand and gravel from the SLT Spring Street site. “AGT #97” is also listed. AGT is Carver Conservation Commission member Alan Germain of Alan Germain Trucking.

Robert Ieronimo, current chair of ERC, member of ERC since about 2006. Owns and operates New England Excavation. For years worked for AD Makepeace excavating and trucking sand and gravel. Owns cranberry bogs. Ethics Complaint here and Ethics Commission warning letter on Ieronimo here. He conducts sham public hearings, such as the farce on January 25, 2023 when he did not know the basic duties of a chair to open and close a public hearing. He conducted the hearing even though the permit applications for the two projects had only been submitted to the ERC, allegedly, that day. The public was effectively denied access to the permits that were the subject of the public hearings.

James Nauen, member of ERC and Conservation Commission for decades – resigned, 2022. Provided cover and rubber stamps fpr all permits for sand and gravel industry. Signed numerous permits for AD Makepeace and others for earth removal under the pretense of “Agricultural Excavation.” Also served on the Carver Conservation Commission rubber stamping permits.

Richard “Dick” Ward, member of ERC for decades. Cranberry bog owner, rubber stamps earth removal permits, son Steve Ward works as a consultant helping to permit ground mounted solar projects on cranberry bogs and locations where sand and gravel permits have been granted by the ERC. Steve Ward conducts earth removal himself. Dick Ward is self-proclaimed member of the Southeastern Mass “Cranberry Cosa Nostra” according to this newspaper article:

2013 Profile of Carver Selectboard Candidates: “Issue 3: Sustainable agricultural tax base. Our main industry is cranberries. My opponent has called the cranberry industry, of which I am a part, the “Cranberry Cosa Nostra.” Instead of calling our main industry the mafia, shouldn’t we be trying to encourage this industry to be sustainable? It’s our primary tax base! The industry helps support us and our tax base, so I’m an advocate of working with this industry.”

Ward voted on and signed numerous Earth Removal Permits including two in 2017 and 2019 for AD Makepeace sand and gravel removal under the pretense of “Agricultural Excavation.”

 

Carver ERC: who was sworn in when, 2013 to August 2022.

John Mason, ERC member appointed by the Selectboard, August 2022. Works for AD Makepeace and Slocum Gibbs Cranberry. Both companies conduct earth removal under cover of permits from the ERC.

Carver Conservation Commission – Who’s Who

Alan Germain, member, Vice Chair, owns and operates AGT trucking. Trucks sand and gravel for SLT Construction, including at SLT’s Spring Street, Carver mining site. Participates in Conservation Commission matters involving SLT’s wetlands permitting. Read the Ethics Complaint here. State Ethics Commission warning letter states it “does not mean your complaint is without merit.” In addition to the ERC, Germain is also Chair of the Carver Finance Committee and vice Chair of Carver Conservation Commission.

Germain has been involved in efforts to obtain Planning Board permits for commercial buildings in SLT’s Rickets Pond Business Park located on the mining site on Spring Street (Planning Board public hearing videos available on Area 58 cable TV). Carver Concerned Citizens filed a show cause petition to remove him from the Conservation Commission for inappropriate behavior and conflicts of interest. The Carver Selectboard refused to hold a public show cause hearing and is complicit in Germain’s actions.

Carver Selectboard appoints ERC members and is responsible

John Cotter, Selectboard member and former or present comptroller at AD Makepeace Co.

Sarah Hewins, former Conservation Agent, now member of Selectboard. As Carver Conservation Agent, oversaw granting wetlands permits to sand and gravel mining operations such as Alex Johnson Cranberry and Bette Maki on Meadow Street. Now responsible for appointing members of the ERC.

Carver’s Weston Family: cranberries, sand and gravel mining, and Cranberry Point 2018 Battery Bomb zoning change

The Weston family is heavily involved in cranberry operations and sand and gravel removal. In addition, a zoning change was orchestrated in 2018 to dupe Carver voters into changing zoning to allow industrial scale battery storage in residential-agricultural districts. This made it possible for Gary & Craig Weston to lease their land to Cranberry Point-Power Plus for a controversial 150-MW battery storage facility.

The Weston family involvement in the sand and gravel removal and cranberry industry includes:

Gary and Craig Weston: Franklin Marsh LLC massive sand mining operation under the false pretense of Agricultural Excavation, Plymouth Street, Carver and Wareham. In January 2023, with Beals+Thomas the Weston’s scammed Plymouth into approving 5 acres of “floating solar” – 5 acres is just below the limit for a special permit — on their new “cranberry reservoir.” Now they get to profit and scam again.

Gary and Craig Weston, via realty trust, benefit from 2018 zoning change so they can lease land to Power Plus for battery bomb facility

Gary Weston: manager for massive sand and gravel mining operation by Federal Furnace Cranberry, Carver MA

Elaine and Eric Weston: Earth removal permit under the false pretense of Agricultural Excavation, 2021.

Elaine Weston: works for Town of Carver as assistant to Town Administrator; former Earth Removal Committee secretary for years, including while family members obtained Earth Removal Permits. Was responsible for Public Records Responses by Carver ERC.

 

 

Wareham: Two AD Makepeace Solar Proposals Denied Planning Board Special Permit Extension

Area of proposed solar development, 27 Charge Pond Road
Area of proposed solar development, 150 Tihonet Road
  • Citizens’ Groups extensively write to Planning Board to deny the permit extensions and urge Wareham to further study the safety and impacts of extensive solar installations within the Town.
  • Part of vast complex of sand mining and solar complexes throughout Wareham and Carver that have devastated biodiversity, wetlands and forests, AD Makepeace Co’s proposed solar installations at 27 Charge Pond Road and 150 Tihonet Road would have cut down an additional 111 acres of Pine Barrens forest.

June 10, 2024: The Wareham Planning Board denied site plan approval and special permit extensions for two solar proposals, one at 27 Charge Pond Road and the other at 150 Tihonet Road. Although the Board was not required to give a reason, they have previously expressed concerns with the safety of battery energy storage systems on site, the fact that the approvals are four years old already, and the fact that, if the approvals are extended, the Board will not have a chance to review the projects again, even though we are still possibly several years away from a project build-out.

Background – Planning Board and Citizens’ Actions:

January 8, 2024: The Wareham Planning Board contracted with safety expert Milosh Puchovsky to study the hazards associated with battery energy storage systems (BESS) and the applicable safety regulations. However, Mr. Puchovsky was unable to evaluate the safety and effectiveness of the applications for solar at 27 Charge Pond Road and 150 Tihonet Road as they were lacking in key information such as equipment specifications. The applicant said that equipment, and associated safety ratings, would not be identified until the projects were closer to implementation, but they would provide that information before breaking ground.

After hearing the results of Mr. Puchovsky’s initial response, and the fact that he was unable to perform a complete review of the projects due to lack of specifications, the Planning Board was unwilling to move forward on the extensions without the safety evaluation in place.

Monday, June 26, 2023: The Wareham Planning Board met on whether to deny the permit extension requests from Borrego Solar for the two destructive ground-mounted solar projects. A Citizens’ Group has submitted a letter to the Planning Board (below), stating all the reasons the permit extensions should be denied.

Citizens-Opposed-to-Extensions-of-27-150Download

Previously the Board requested more information on decommissioning, disposal costs for the solar panels, and the Town’s liability if Borrego/New Leaf walk away at the end of the lease. The Board asked the applicant to up the decommissioning cash bond to $2.2M. In December 2022, the Planning Board also raised serious concerns about the applicant’s irresponsible plans for decommissioning, as covered by the Wareham Week.

We are telling the Planning Board that the extensions should be denied and Borrego (now New Leaf) should reapply for the permits.

So much has changed since the site plans were approved in 2020.

  • Wareham residents voted to change to the Wareham solar siting bylaw to make it more protective of forests, natural resources, and wildlife habitat
  • There have been recent developments regarding state solar policy siting and criteria
  • A new increased awareness of the potential risks associated with Battery Energy Storage Systems (BESS)
  • New criteria adopted by the Wareham Fire Department in December 2022 regarding BESS 
  • Awareness of the cumulative impact of all of the deforestation/solar development in Wareham since 2020
  • New information about the costs of decommissioning
Community-Land-and-Water-Coalition-Public-Comment-27-Charge-and-150-TihonetDownload

The Planning Board approvals in 2020 were flawed in numerous ways. They did not adequately address impacts to Wareham’s water quality and wetlands. An expert report by Patrick C. Garner Co., Inc., dated May 8, 2021, identified two major defects in the wetlands applications for the solar arrays at 150 Tihonet Road and 27 Charge Pond Road. The precipitation data submitted to the Wareham Conservation Commission was climatologically obsolete. The applicant used 60-year old climatological data in the calculations of the stormwater retention requirements, rather than real-time precipitation data used by conscientious engineering firms. This means the stormwater systems approved by the Conservation Commission in 2020 are undersized by 20%. The report also documents that potential vernal pools are present on both sites, including four potential vernal pools at 27 Charge Pond Road and one potential vernal pool on 150 Tihonet Road. At least one of the vernal pools was biologically rich enough to certify; however the Wareham Planning Board approved the site plans without an Order of Conditions from the Conservation Commission, so they did not have this information.

Patrick-Garner-ReportDownload

Background – Improperly-Sited Solar’s Impact on the Natural Environment

We need both our forests and renewable energy in order to fight climate change.

The area surrounding the proposed sites has already seen intense solar development.

Wareham has already lost over 300 acres of forest to solar development; it’s time for the Town put a stop to new solar projects that destroy forests in the name of clean energy. Science shows that preserving our forests along with their intact ecosystems and biodiversity are critical to addressing the climate crisis. Forests combat the effects of climate change by providing cooler temperatures, mitigating flooding, and purifying the air. Undeveloped forested land is crucial to sequestering carbon; in fact, according to the Massachusetts Decarbonization Roadmap, forests are the only proven technology that Massachusetts has for sequestering carbon. The pine barrens forests of Wareham must be preserved. Since 2000, it appears that the area has one of the highest rates of forest loss since 2000 in the entire state.

There has been no analysis of the impact on the Plymouth-Carver Sole Source Aquifer resulting from the deforestation from solar arrays in Wareham and Carver. The Plymouth-Carver Sole Source Aquifer is comprised of well-sorted, coarse grained silica sand, and water flows freely through it. There is very little relative attenuation time from when run-off or precipitation penetrates the ground surface to when it reaches the groundwater table. In fact, the water table is visible at the ground surface in Wareham’s ponds and rivers. Therefore, contaminants can be rapidly introduced into the aquifer system from a number of sources.

Watch You Tube videos of the impacts of solar development in Wareham here.

Growing Solar, Protecting Nature, a 2023 joint study by Mass Audubon and Harvard Forest, concludes that by protecting the most valuable natural and working lands from development, such as the forests at 27 Charge Pond Road and 150 Tihonet Road, Massachusetts could produce enough solar energy to meet our greenhouse gas emission reduction goals, while preserving 76% more forest carbon than our current trajectory would predict, and protecting nearly 100% of our remaining essential wildlife habitat and prime farmland.

Growing-Solar-Protecting-NatureDownload

Solar energy is a crucial component of our sustainable energy future. Unfortunately, the financial subsidies for solar have created unfortunate outcomes in land-use planning. Developers are taking the easy route and cutting down forests for solar instead of doing the hard work of planning solar on our built environment. Several groups, including the Wareham Land Trust issued a statement on solar siting in October 2021.

solar-siting-joint-statementDownload

Also, an EPA program called Re-Powering America’s Land aims to provide information and resources to solar developers and municipalities on the benefits of and considerations associated with siting solar development on contaminated land and landfills. The EPA is recognizing the need to conserve open space in the fight against climate change and providing resources to municipalities expedited the process associated with putting solar in previously developed land. It is possible to have solar power generation without cutting down forests, if planned and sited properly.

This is not about renewable energy – it is about saving our forests! State solar subsidies are providing financial incentives for large landowners to clearcut and lease their land, and we have to reverse course before it is too late!

For more information on what you have read, or for a myriad of additional reasons why these projects should not be approved, please contact Community Land and Water Coalition.

Community Land and Water Coalition

P.O. Box 1699, Plymouth, MA 02362
Email
Phone: 508-259-9154

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You can sign our Sand Mining Petition to Governor Healy and town Selectboards here

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