Tag Archive for: sand and gravel

59 Federal Road, Carver MA: A.D. Makepeace Continues Mining, Residents Say Enough is Enough

For decades, Carver residents have dealt with sand blowing onto their homes, yards, cars, streets, and neighborhoods, while expressing concerns about their drinking water and public health to state and local officials for years.

February 17, 2026: Community stands up to 10 years of sand mining at 59 Federal Road in residential neighborhoods

CLWC, researchers and residents document cumulative impacts to environment, health impacts from Silica Dust and harms to residents

CLWC 2026.02.13  comments are here

CLWC Exhibits to Comment Letter

ERC allows AD Makepeace to continue mining

Over 22 years, 11 cubic yards of sand and gravel mining by AD Makepeace Co. along Federal Road alone, more in other towns and areas of Carver. 

AD Makepeace Co. of Wareham mines the sand on its land to supply its subsidiary, Read Custom Soils located at 46 Federal Road. An overview of Read is here and legal efforts taken can be found here. 

In January, 2025, the  Carver ERC considered issuing a cease and desist for sand mine at 59 Federal Rd. then backs down — allows business as usual, while residents are exposed to Respirable Crystalline Silica, dust, noise and unsafe road conditions.

Below: AD Makepeace mining operation, December 2025, 59 Federal Road, Carver MA. Exposed groundwater is visible in the lower right and middle left. Vast areas of Carver Loamy Course Soil, a source of Respirable Silica Dust, are visible. View the drone footage of December 2025 here.

Read more about the health hazards of Respirable Crystalline Silica dust here. 

Makepeace’s 2024 proposed expansion for more “cranberry agriculture” at 59 Federal Road, Carver

In 2024, AD Makepeace applied to the ERC to expand the massive 85 acre mine at 59 Federal Road,  including dredging in the Aquifer. The plans are on hold, according to Makepeace.

Below: Makepeace proposed expansion, 2024.

  • Makepeace’s proposed expansion at 59 Federal Road will be 650 feet from residential drinking water wells; GAF Engineering relies 30-year-old report to claim mining won’t harm wells

  • Makepeace withdrew plans after public hearing, but continues mining 85 acre site, below. 

Above: June 15, 2024: 59 Federal Road, Carver, MA. The Cranberry Village neighborhood is at the bottom of the picture.  In 2024, Makepeace filed a permit application to expand the mine to the southwest. As of May 2025, it has been withdrawn. The mining began in about 2016 with the clearing of land and mining sand and gravel for the solar project seen in the top of the photo. Read more about the solar project here. 

Drone Video here. 

Recent Events

October 1, 2024 Town of Carver ERC Public Hearing

“I have attended almost every Earth Removal Committee meeting since 2021. I have heard every cranberry company, trucking company and the Earth Removal Commitee members misrepresent massive sand mining projects as “cranberry agriculture” or “subdivisions.” These are half-truths and part of a coordinated effort to strategically misrepresent sand mining to evade local bylaws.”

-Attorney Meg Sheehan, CLWC

“I’m actually here to ask for a moratorium on the sand mining so that it can be studied—not just the Earth removal plans, but the whole operation of sand mining and how it’s affecting our area, the wildlife, the waters, and the people who live here.  It’s just an enormous operation… it’s a wasteland. It’s loud… there’s humming and beeping… I think about all the creatures that are being dug up and the aquifer that’s threatened.”

                                  -Linda Jacobs, neighbor and resident of Cranberry  Village, Carver MA

“ I hope that we aren’t just going to pretend that these things aren’t happening down there, because they are and I think most of us know that.”

“It’s just extremely upsetting to me that the town seems to, as the woman said before me, favor big business over human beings.”

“I wish the town would pay as much attention to projects that impact our community’s wellbeing as they do to debating the zoning of business signs”.

Carver residents at Zoning Board of Appeals public hearing, 5/29/24

 

Impacts to drinking water, no study ever done! 

“I don’t know about anyone else, but I don’t think I could afford water being piped in from another town.. A lot of people like Carver because we have well water. And we want to protect our water”. 

—Cranberry Village resident at Zoning Board of Appeals public hearing on 5/29/2024 on petition to shut down Makepeace’s Read Custom Soils trucking terminal on Federal Road.

Read more about the impacts to the aquifer ” Report from world renown hydrologist, Scott Horsley here. 

Impacts of sand dust, noise, vibrations

Residents in South Carver are a ground zero for AD Makepeace’s industrial scale sand mining. The mining is getting  ever closer to homes. 

 Read Custom Soils, 46 Federal Road, trucking depot for AD Makepeace sand mining operations

Read Custom Soils, Makepeace’s sand distribution operation, is across from Cranberry Village at 46 Federal Road. Read more about Read Custom Soils here.

Environmental Justice neighborhoods

Below: Map of Environmental Justice communities in Carver. Blue represents Makepeace’s sand mining site at 59 Federal Road. The yellow areas two EJ neighborhoods that directly abut Makepeace’s 59 Federal Road mining site.

Above: AD Makepeace mining site at 59 Federal Road abutting Cranberry Village to the right. Sand covers homes and cars, vibrations from tree clearing and mining shake homes,  dangerous truck traffic threatens safety.

 

 

Find out how to take action here

Carver-Plympton: Rickets Pond Sand Mining Site

FOR IMMEDIATE RELEASE

July 2, 2026

Media Contact

Meg Sheehan

Contact:

meg@communitylandandwater.org

508-259-9154

Community Land & Water Coalition
P.O. Box 1699
Plymouth, MA 02362
www.communitylandandwater.org

Massachusetts Orders Full Environmental Review After Community Campaign Wins Major Victory

MEPA Requires Comprehensive Study of Proposed Development and Sand Mining Impacts on Ricketts Pond Site

PLYMOUTH, MA — The Community Land & Water Coalition (CLWC) today hailed a major environmental victory after the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) ordered a full Environmental Impact Report (EIR) for the Ricketts Pond Business Park expansion for a proposed 60-unit residential development in Carver and Plympton.

Get the MEPA Decision Here: 15883 EEA June 29, 2026 Ricketts Pond Business Park – Carver Plympton_SRT Signed

The June 29 decision rejects the developer’s request to bypass additional environmental review and instead requires a comprehensive analysis of groundwater protection, air quality, traffic, public health, climate impacts, and the cumulative effects of years of large-scale sand mining on the site.

“This decision confirms what residents, local officials, and environmental advocates have argued all along—that this project deserves a full and transparent environmental review,” said Meg Sheehan, coordinator of Community Land & Water Coalition. “The sand mining operation has destroyed every aspect of the environment that existed on the site — clear cutting Pine Barrens forests and hauling off the land itself in tractor trailer trucks for commercial sale since 2018. The public deserves answers before additional development moves forward.”

The decision follows years of advocacy by CLWC and local residents, including more than 1,600 people who participated in the MEPA process by submitting comments urging the state to require a full environmental review. The Town of Plympton Board of Health, Planning Board, and Open Space Committee also participated in urging a full environmental review.

Key Findings

A two step environment study is required under the state’s MEPA law: a draft study for public comment, and a final study. Both must cover ways to avoid or mitigate damage to the region’s sole-source drinking water aquifer; air quality from dust, and diesel emissions, traffic, groundwater withdrawals and stormwater runoff, climate resilience, cumulative impacts, environmental justice, and open space.

The Secretary also rejected the developer’s request to waive the Environmental Impact Report requirement ruling that it did not meet the requirements.

Pine duBois of Jones River Watershed Association said “ Rickett’s Pond is a neglected but important environmental resource for this area. Already water use from wells has drawn down the pond and vanquished the adjacent vernal pool. Eradication of trees and denuding hillsides adjacent to the new highway has altered the landscape and resources forever, with no consideration or forethought. We’re destroying the natural resources we all rely on for health and safety, and sacrificing opportunities for future generations to thrive, for what?”

CLWC will continue to work with the community to participate in the MEPA Environmental Impact Report process to ensure the issues identified by state agencies, local officials, and residents receive the comprehensive review required under Massachusetts environmental law.

See CLWC’s March 2026 request to MEPA here

Since 2018 CLWC and a wide grassroots network has fought to raise awareness about this sand mine. It is an approximately 40 acre site in Carver and Plympton on Route 44 going East at the Spring Street exit. Read more here

This photo below from December 5, 2021 shows the last remaining stand of trees on the hill in the center of the site.  

 

 

July 8, 2024: Third Request of enforcement of Earth removal bylaws is sent to the Town of Plympton and their Board of Selectmen. The letter asks their to be an investigation into unauthorized earth removal at the site. Read the letter here. 

June 24, 2024: New evidence alleges the mining at the site on Lot 3  is illegal and violates stormwater regulations. Read the memo here. A DEP hearing will be held on Sept. 4, at 100 Cambridge Street Suite 900, Boston, MA 02114.

May 15, 2024: CLWC sent a second demand letter to the Town of Plympton demanding that it enforce the town’s bylaws against SLT Construction. Read the letter here. May 15 2024 SLT Letter Final

July 30, 2025: A group of 10 residents sent a notice of intent to sue letter to prevent and minimize damages to the environment. Read the letter here.

The letter asserts “The evidence that SLT is engaged in large-scale earth removal on the Plympton side of the Property is indisputable.” The letter contains updated drone surveillance photos and a demand to enforce the Bylaw.

If the Town does not enforce the Bylaw, the public can go to court to enforce it.

Go to CLWC’s You Tube Channel to see drone videos like this one from December 2021 showing massive deforestation in just one day: here

Some allege SLT is at the center of a public corruption investigation by the state Office of Inspector General

Read more about SLT’s wetlands violations here. 

In January 2024, the Town of Plympton denied SLT’s request for a demolition facility that entailed removing 100,000 cubic yards. Read more here.

Read more about the SLT site’s archeological significance here.

In 2022, CLWC tried to enforce the Carver zoning laws against SLT. The Town refused to enforce the law and sided with SLT.

Read more about the public’s effort to enforce the Carver Earth Removal Bylaw against the illegal expansion of the mining operation onto the adjacent “Marob” property here.

Below: May 13, 2024. 0 Spring St. 

The OADR from 2018 and 2022 don’t account for the impact on Rickett’s Pond and its Buffering Vegetative Wetlands (BVW) caused by sand and gravel deposits from the RPBP mining site, including Lot 3. These materials have been entering Rickett’s Pond since at least 2019. Since February 2018, the Project Site has undergone complete deforestation, alteration, and excavation to remove sand and gravel. These activities have significantly affected areas protected under environmental regulations. They could potentially change groundwater levels, which might affect the hydrology of nearby wetlands. Moreover, the changes in surface runoff patterns have redirected water flow from one sub-watershed to another, directly impacting the plant life and wildlife habitats in the surrounding areas. View drone footage of the site here. 

 

May 22, 2026: Court issues injunction against SLT Construction Co. See the  Superior Court Order Injunction here    See the Town of Plympton lawsuit here  

Leading hydrologist Scott Horsley says SLT’s dense housing proposal on the sand mine in Plympton threatens Town’s drinking water. Read his comments to the Town here

Carver: AD Makepeace expands mine at 46 Federal Road

June 18, 2026 BREAKING NEWS: Conservation Law Foundation announces intent to sue AD Makepeace Co. for wetlands violations in Plymouth

 

AD Makepeace’s wetlands filling at the Wankinko Bogs in Carver at 46 Federal Road are the subject of a notice of intent to sue by Conservation Law Foundation. Read CLF’s letter here.

Excerpt from CLF’s letter:

The Wankinko Bogs Site is within an approximately 538-acre parcel identified by the Town of

Carver Assessor as Map 131, Lot 2-4. The wetlands at the Site included a perennial stream that connected to the Wankinco River. The Wankinco River flows through Tihonet Pond and into the Wareham River. These waters constitute waters of the United States. A.D. Makepeace engaged in commercial sand and gravel mining at the Wankinko Bogs Site since 2011. In doing so, it has strip-mined or plans to strip-mine approximately 60 acres of wetlands. Between June 2012 and May 2015, A.D. Makepeace filled the perennial stream, permanently eliminating it. The discharged dredged or fill material remains in place. A.D. Makepeace also entirely filled portions of the wetlands in order to build trucking roads to facilitate its mining operations.

Upon information and belief, A.D. Makepeace did not obtain an individual permit from USACE to discharge dredged or fill materials into waters of the United States at the Wankinko Bogs Site, nor did it obtain coverage under a general permit.

MAY 2026: MassDEP judge says AD Makepeace violates state Wetlands Protection Act by mining without a valid permit;  mischaracterizes sand and gravel as “agriculture”

On May 12, 2026, a MassDEP Presiding Officer found ADM Cranberry conducted sand mining in a wetland buffer zone in violation of the Wetlands Protection Act while an appeal was pending. The judge also found AD Makepeace’s project was not “agriculture” for purposes of the wetlands law, but commercial and agricultural. This sets a major precedent for all the region’s sand mines that claim their sand mining is “agriculture.” The judge found Makepeace must comply with the state stormwater rules. Read the Decision here:

MassDEP Decision on AD Makepeace Sand Mine

  • Decision was in response to CLWC appeal of Town of Carver wetlands permit to allow AD Makepeace mining expansion

  • In May 2024 the Earth Removal Committee gave AD Makepeace its 13th sand mining for “cranberry agriculture” since 2003

  • Earth Removal Committee admits bogs not built in 20 years, issues permit anyway 

  • Residents suffer from noise, dust, excessive truck traffic, threats to drinking water wells

Above: April, 2025. AD Makepeace Co. sand mining operation at 46 Federal Road, Carver, MA. The mine started in 2011 and has continued expanding since. As of 2025 it covers about 60 acres. The company claims it is building cranberry bogs. This claim is used to evade local land use laws. See the drone footage here.

May, 2024: Town of Carver issues 13th sand mining permit to AD Makepeace Co.

In March, 2024, the Town of Carver Earth Removal Committee (ERC) granted AD Makepeace Co. the 5th sand mining permit for 46 Federal Road. The mine has been operating since 2011. Today the mine covers about 60 acres. Makepeace claims mining 60 acres is necessary to build 23 acres of bogs. At this location, Makepeace has mined sand worth at least  $60 million in sand according to recent price information.  The cranberry bogs are not built and it has not harvested one cranberry in 14 years of mining.

The ERC issued the “earth removal” permits under the claim that the mining is “necessary” to level the land for a cranberry bog and “incidental” to using the land for agriculture. It is not. Makepeace uses the sand and gravel to supply is its commercial aggregate business Read Custom Soils located on the same site.

The ground-breaking investigative report Sand Wars in Cranberry Country explains how AD Makepeace and other cranberry companies evade the laws to get sand mining permits.

For the 2024  Earth Removal Bylaw permit application Makepeace recycled old plans from 2011 called “Cranberry Bog Development and Earth Removal Plan.”

This site is one of seven Makepeace mining sites in the south Carver area.

Mining harms Environmental Justice neighborhood, environment

Local residents challenged the May 2024 earth removal permit for 46 Federal Road in court. They exercised their rights under the law to protect their health, homes and their environment including their drinking water.  See lawsuit here. 

A court dismissed the case on “standing” grounds saying the residents are not harmed. Those living in Cranberry Village, a mobile home park, know better. The mining is happening over the Carver aquifer protective district.  The mining threatens drinking water according to world renown expert Scott Horsley. The mining exposes the Environmental Justice community to sand dust, excessive noise, and diesel emissions from incessant trucks.

Town ERC sided with Makepeace in getting the case dismiss — ignoring the rights of its own residents to be free from harm from sand mining.

Wareham: Voters Seek Accountability for AD Makepeace Co. Sand Mining

 

  • Select Board yet to act on 2021, 2023 Town Meeting calls to hold Makepeace accountable

  • Letter says Makepeace deprived the Town of a least $625,000 in earth removal fees

Background

AD Makepeace Co. is based in Wareham MA. It is one of the state’s largest private landowners, with about 12,000 acres in Wareham, Carver and Plymouth. Makepeace owns a large portion of the Town of Wareham and has considerable political clout in the Town. The company regularly donates to charitable causes and hosts recreational events to solidify its power– even “Arbor Day” which some find ironic due to the company’s massive destruction of forests and the environment. The Save the Pine Barrens You Tube channel is documenting Makepeace’s sand mining. 

Makepeace’s core business is selling the sand from its mines via its sister company Read Custom Soils. Makepeace sells to industrial and commercial customers like concrete and asphalt facilities, golf courses, and more.  Sand and gravel sales are highly profitable and prices have gone up 5 times in the last 5 years. Makepeace is also a cranberry grower but that business is  break even business at best. Makepeace is also in the business of residential real estate development and industrial solar installations. 

Read more in Sand Wars In Cranberry Country here.

Cranberry farming gives Makepeace a cover for its sand mining. It claims the sand mining is exempt from laws because it is “farming” and entitled to special protections. Read more about how the cranberry industry evades laws on sand mining in the Sand Wars report here.

Below: 85 acre AD Makepeace sand mine in Carver, MA. Makepeace claims this is cranberry agriculture. It put in a solar project to the left after sand mining and stripping 50 acres of pristine Pine Barrens forest starting in 2016.

Makepeace sand mining in Wareham

Makepeace has been sand mining for commercial sale in Wareham for decades. Residents observe the endless number of trucks leaving loaded with sand. The trucks are a safety hazard on the roads, destroy roads, and operate recklessly. Examples of the excessive truck traffic is on You Tube. 

Makepeace has mined at least 2.5 million cubic yards from Wareham leveling up to 250 acres of forest. More mining is proposed at 140 Tihonet Road and possibly other locations. At today’s prices, the sand is worth up to $40 million.

Below: Google Earth aerial image of some mining sites in Wareham marked with yellow pin. Most are AD Makepeace, but other cranberry companies and sand and gravel companies operate without permits or in violation of permits.

Makepeace often portrays its sand mining as “site preparation” for industrial solar. The state has allowed Makepeace to destroy Priority Habitat for rare and endangered species in Warehan claiming that the sand mining is just site preparation for solar. For example in 2015, the state Natural Heritage and Endangered Species Program issued a take permit for over 50 acres of Priority Habitat and 12 species at the 160 Tihonet Road mining site that is now solar. Read more here. 

“The site was formerly used for sand mining, which cleared the site of vegetation….Because sand mining is ongoing, site grades fluctuate; final grades will range from 54 ft to 64 ft NAVD.” 

Makepeace mining violates Wareham Earth Removal Bylaw for over a decade

Wareham regulates earth removal.  The Earth Removal Bylaw requires a permit and strict plan conditions to protect the environment and residents, and requires mining companies to pay 25 cents per cubic yard for sand removed. A typical tractor trailer is about 24 cubic yards and would owe a fee of $6.00 — a small amount compared to the value of the sand.

The Town Select Board is responsible for the Earth Removal Bylaw. It must ensure that companies doing mining get permits and comply with them. This includes paying fees.

Below: Excerpt from Town of Wareham General Bylaw, Earth Removal Regulations, Section 4, requiring fees of 25 cents per cubic yard of earth removed.

The Select Board has never applied or enforced the Wareham Earth Removal Bylaw against Makepeace and only rarely against other companies. The chair of the Select Board confirmed this in a 2021 Letter.

By allowing Makepeace to mine without a permit the Select Board deprived  Wareham of up to $625,000 in revenue.

October 2021: voters approve sand mining audit, collection of fees, penalties

In response to growing alarm about the scope and scale of Makepeace’s sand mining and environment destruction, Wareham voters proposed a Town Meeting warrant article.  Article 18 urged the Select Board to audit Makepeace’s mining.  The article passed almost unanimously. Read the Wareham Week story here.

Below: Town of Wareham Town Meeting Warrant Article 18, October, 2021. It requires an audit a four AD Makepeace mining sites, and others.

 

 December 4, 2021: Select Board votes to hire an expert

In response to the Town’s vote to approve Article 18, the audit, the Wareham Select Board met and on December 4, 2021 voted 4-1 to proceed with the audit and collection of fees and penalties.  On January 4, 2022, the Board discussed the topic again. Read the Wareham Week story here.

The story reported a resident said the petitioner was “an unambiguous complaint” to the town about possible earth removal bylaw violations.”

At the January 4, 2022 Select Board meeting member Peter Teitelbaum, a Makepeace supporter, complained that seeking to enforce the bylaw was a “slippery slope”. Barry Cosgrove who proposed the Town Meeting Article in 2021 commented:

“If fulfilling a legal obligation under bylaw and respecting the will of the people is a slippery slope, what is the metaphor for ignoring a legal obligation and ignoring the will of the people?”

November 2022: group requests Town enforce Earth Removal Bylaw

With Makepeace’s sand and gravel mining continuing to ravage Wareham, local advocacy group Save the Pine Barrens sent a demand for enforcement of the Earth Removal Bylaw to the Town. The Town ignored the demand.

See the Enforcement Demand letter here. It documents violations at six locations including 160 Tihonet Road, Farm to Market Road and mining by cranberry companies Sure-Cran, Rounseville Hammond, and Fletcher, and a pit operated by Graziano.

March 2023: Ten Residents Group sends Notice of Intent to Sue 

Still seeking action from the Town on sand mining, on March 17, 2023, a Ten Residents Group invoked the Massachusetts Citizen Suit Law, Chapter 214, 7A. Under this law, they can seek remedies for Damage to the Environment from Makepeace’s sand mining. Read the Wareham Ten Residents Notice Intent to Sue here.  

Notice letter focuses on three Makepeace mining sites in Wareham and estimates the company removed at least 2.5 million cubic yards without permits. This deprived the Town of $625,000 in earth removal fees.  

Read the A.D.Makepeace Reply to Notice of Intent to Sue 2023.04.14 here. Neither the Town nor the Attorney General responded. The matter is pending.

 April 2023: Wareham voters approve funding for sand mining investigation

Over a year passed with no action on the 2021 to audit Makepeace’s sand mining and collect fees and penalties. In April 2023, the voters approved spending $50,000 for a sand mining investigation. Read the Wareham Week story here.

Read the Wicked Local story here: Expert opinion could quell earth removal ‘innuendo’ in Wareham

April 2024: still no action on voter’s call for sand mining investigation

As of April, 2024, the Wareham Select Board was still discussing how to carry out the 2021 voter’s Article 18 for an audit, penalties and fees for sand mining. Read the Wareham Week story here. In the meantime, sand mining continues. 

 

Above: AD Makepeace sand mining, Farm to Market Road, Wareham, 2021. Image shows excavation into side of hill.

Makepeace claims of cranberry farming don’t add up

Makepeace has claimed time and again that earth removed from Wareham is for its “agricultural operations” such as building, refurbishing and winter sanding its own cranberry bogs. 

Makepeace has mined enough sand around the region to fill Gillette Stadium about 2 miles high. The  region-wide math does not add up. Nor do the Makepeace claims that the mining operations are “necessary” to build new agricultural projects. Read more about the laws and how they are evaded in Sand Wars.

Air Pollution from Sand Dust: How to take action

Take action on sand mines: help stop dust, noise, vibrations

 

Across Southeastern Massachusetts, open pit sand mines create air pollution, excessive noise, and make homes shake.

Contact your town and the State to report sand dust, noise, vibration and truck traffic

Town complaints

Download a complaint form here or report it online and send it to your Town.

Carver

Plymouth 

Wareham

Plympton

Halifax

State Department of Environmental Protection complaints

Massachusetts Environmental Police using this form or call dispatch at (800) 632-8075.

Call and leave a message at the MassDEP Southeast Regional Office Bureau of Air and Waste, New Source Review, Mark Poudrier (617) 634-2009

What to report

Report the date, what you saw, where you live.

Report where the sand is coming from and who owns the mine. Where is the sand coming from? Who owns the sand mine

Keep a copy for your records!

For more information, check out our blog: Sand Mining and Sand Dust: Potential health impacts for people living next to sand mines in Southeastern MA

 

Other ways to take action!

Sign the petition

Join CLWC’s mailing list

Keep up to date and attend meetings and hearings

Donate

Follow us on social media

Cranberry Country Corruption? 2024 Update: Carver ERC Chair Involved in Sand Mining, Trucking

  • Carver, MA is a sand mining hub where companies are supposed to be regulated by the Earth Removal Committee (ERC)

  • Continuing investigation reveals current ERC Scott Hannula connected to the sand mining and trucking industry

Overview

Sand mining in Carver is supposed to be regulated by the Earth Removal Committee.  The ERC is dominated by the cranberry industry that conducts sand and gravel mining under the pretense of “agriculture” claiming they are building bogs and ponds. This is a ruse to evade local and state laws. Read more here.

After the long time chair , a cranberry grower conducting sand mining, resigned in 2022 the Selectboard appointed  more cranberry growers, trucking companies and sand mining operators to the ERC.  In August, 2023, long time sand mining operator, sand trucking company operator and cranberry grower Scott Hannula was named to the ERC as its chair — as “Industry Representative.”

This blog identifies the many ties Hannula has to the cranberry, trucking and sand mining industry — the very industry he is supposed to regulate as chair of the ERC. These ties are documented below show that Hannula cannot be objective in implementing the Carver Earth Removal Bylaw. The public is calling for Hannula’s resignation.

Scott Hannula and sand mining, Rochester Road, Carver

Scott Hannula is the sole officer and director of Scott A. Hannula Cranberry and treasurer and director of Oiva Hannula & Sons, Inc. Both companies own cranberry bogs in Carver MA. Source:  Massachusetts Secretary of State, Corporations Division.

In 2010, Scott Hannula applied to the Carver ERC for an earth removal permit for Oiva Hannula & Sons. The ERC granted the permit. See the permit here: ERC Permit 2010 to Oiva Hannula & Sons

While his company was mining, Scott Hannula signed company reports to the ERC from 2010 to 2022. See the records here. Example of Oiva Hannula reports to ERC, 2022

Oiva Hannula’s ERC mining permit expired in 2015 but they kept mining as shown by the ERC reports and receipts, until at least July, 2022. One year later, in August 2023, Scott Hannula joined the ERC and was elected Chair.

Below: January 2022. Trucks lined up in the early morning at the Oiva Hannula & Sons sand mine in Carver. Eight months later Scott Hannula became Chair of the Committee that granted his company permits to conduct the mining. The Committee allowed Hannula to operate with an expired permit for over 7 years.

While Scott Hannula was overseeing the mining at Oiva Hannula & Son’s Rocheseter Road mine, he did business with various trucking companies. This includes New England Recycling/G.Lopes Construction and John Shurtleff, a member of the ERC that granted Hannula the permit. Hannula also did business with Ryco Excavating according to the ERC records.

Although the ERC initially granted Hannula the permit for 344,805 cubic yards of sand and gravel removal at Rochester Road, there is no independent verification of how much was removed during the decade long mining operation.

The Sand Wars report gives a summary of Hannula’s mining on Rochester Road.

In about 2022, Hannula owed at least $46,400.00 to the Town of Carver in permit fees. It is unclear whether the fees were paid.

Scott Hannula mining for Decas/Fruit d’Or, Mayflower Road, Carver

In 2016, Scott Hannula represented Decas Cranberry in applying for a permit from the ERC for mining on Mayflower Road. At first, in March 2016, the permit wasfor 125,000 cubic yards. Then on July 17, 2017 the ERC granted Hannula and Decas permission for another 40,000 cubic yards, and then on August 7, 2017, the ERC said the volume was “not to exceed 240,000 cubic yards. There is no independent verification of how much Decas Cranberry, Hannula and Ryco Excavating mined from the Mayflower Road site.

See the ERC’s 2016 minutes here where Hannula represents the sand mining operation here:  Mayflower Rd. Mar. 2016 Hannula & Ryco

In 2024, Fruit d’Or, the new owner of the Decas Cranberry Mayflower Road site applied to the ERC for a massive permit for 640,000 cubic yards.

This permit application does not meet the state or local standards for sand mining. Scott Hannula will be responsible for overseeing the years long permit. He cannot serve both Fruit d’Or and the ERC. He must resign. See Fact Sheet to STOP THE FRUIT ‘d OR MINE at 0 Mayflower Road, Carver here

Below: July, 2024: Area of expanded new Hannula/Ryco Mine, Mayflower Rd., Carver.  Blue area is 10 acres of forest Hannula/Ryco and Fruit d’Or plan to level and mine for years. Green is the trucking route. 

Scott Hannula mining for Morse Bros. in Halifax, MA

Oiva Hannula has a $530,000 contract  with Morse Brothers a company that claims to be a cranberry company. Morse Brothers has been mining at a site on Monponsett Pond in Halifax for a decade. Hannula has been running the mine with Ryco Excavating.

In July 2024, the Town of Halifax issued a cease and desist effectively to Scott Hannula who was doing the mining with Ryco Excavating. It also levied a $30,000 penalty. Read more here.

On March 13, 2024 when Hannula was mining at this site, there was a diesel oil spill into Monponsett Pond. The oil leaked from mining equipment. See the state environmental spill report here.  In May, 2024 Scott Hannula submitted a clean-up report to the state effectively taking responsibility for the spill. See the state documents here.

Below: Dec. 2022, Halifax MA, truck route for Hannula and Ryco mining operation on Monponsett Pond. Mine and truck route are in Environmental Justice neighborhood.

Dec. 2022, Halifax MA, truck route for Hannula and Ryco mining operation on Monponsett Pond. Mine and truck route are in Environmental Justice neighborhood.

Oiva Hannula trucking sand for

AD Makepeace Co. /Read Custom Soils

In March, 2023, Oiva Hannula & Sons, Scott Hannula’s company, trucked sand for AD Makepeace from Carver to Plymouth Beach under a state contract. A few months later, in August 2023, Scott Hannula was appointed to the ERC.  AD Makepeace has “earth removal permits” for massive amounts of sand and gravel mining that Hannula is responsible for overseeing and monitoring. Read more here. 

In February, 2024, the ERC granted Makepeace a new permit for $15 million in sand and gravel.  Scott Hannula signed the permit as a member of the ERC. See the permit here: Carver ERC Feb 2024 Permit to AD Makepeace

Above: Oiva Hannula & Sons trucking sand for AD Makepeace. In 2023, AD Makepeace made a closed door deal with the ERC to get exempted from the Bylaw to haul sand to Plymouth Beach without paying fees or getting a permit. This March 23, 2023 photo shows Scott Hannula’s company, Oiva Hannula & Sons,  hauling sand from Read Custom Soils in Carver to Plymouth Beach for a beach nourishment project. Read more about that here.

Scott Hannula’s ties to Haseotes Sand & Gravel

ADGA Realty Co.

In 2023/2024 Hannula was involved with ADGA/Haseotis Sand and Gravel operating mines on Indian Street, Carver and admitted he had a conflict of interest.

Haseotes Sand and Gravel and related entities are the subject of a request for enforcement submitted to the ERC for unpermitted sand mining in Carver at numerous locations since 2010. This mining is ongoing.  At a January 31, 2024 meeting, the ERC, with Mr. Hannula as chair,  was forced to address a request for investigation to ERC from the Conservation Commission regarding Haseotes-ADGA possible unpermitted mining. The ERC found no violation but failed to provide any credible evidence. Hannula does business with Haseotes. This includes doing work on Haseotes’ bogs in Plympton while on the ERC. This is established by photographic evidence and eye witness testimony (available on request).

At the ERC meeting in January, 2024, Hannula left the room claiming a conflict of interest but would not explain why. Representatives of Haseotes were at the meeting claiming the mining was agriculture.

Scott Hannula votes on fees for sand mining companies he has ties with, approves plan for G. Lopes Construction

Ever since he joined the ERC in August 2023, Hannula has taken actions that benefit the sand and gravel mining industry that he works for and oversees. He voted on fees that impact the companies he works for and with — AD Makepeace, Fruit d’Or, Ryco Excavating, Haseotis Sand & Gravel and more.  See Hannula’s vote on the ERC fees here.

In July, 2024, Hannula signed a permit decision for G. Lopes Construction for the Meadow Street site. As documented by the Oiva Hannula & Sons reports to the ERC signed by Scott Hannula, he has a long history of doing business with G. Lopes Construction. See the form here. Hannula Signs ERC Approval for G. Lopes Construction, 2024

Find out more

A shady network of truck and mining companies exploits legal loopholes in order to obtain permits for profitable sand and gravel mining throughout Southeastern Massachusetts. Read more in Sand Wars in Cranberry Country.

A citizen led investigation into the network began to shine the light on the industry in 2021. Almost immediately, three long time members of the Carver Earth Removal Committee resigned, including John Garretson, III who chaired the Committee for decades, John Shurtleff who trucked sand and gravel for companies he permitted, and Robert Ieronimo the successor chair to Ieronimo. Read more about corruption in Cranberry Country and sand and gravel mining here.

The Carver Selectboard is ultimately responsible for these appointments and also has improper ties to the cranberry and trucking industry. AD Makepeace Cranberry Co. and its subsidiary Read Custom Soils, LLC a major sand mining business, funds municipal projects for the Towns of Carver, Plymouth and Wareham.

Sand mining industry under investigation by state OIG

Read more here

 

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.

Plymouth: Town Meeting Article 26: Demand Transparency from Town, Plymouth Foundation

Fall 2025 Breaking News: Yes on Article 26 at Plymouth Town Meeting

Demand Accountability from Plymouth Town Hall, “Foundation” 

FACT SHEET HERE: Article 26 Fact Sheet- Oct. 2025 TM Plymouth

Plymouth Foundation — a charity — makes money from town land deals with the Town and sand mining 

Town employees wear two hats: work inside Town Hall to help Foundation get permits for sand mines, work as directors for the Foundation behind closed doors

Town employees worked arrange to transfer Town owned land to Foundation in 2005 and 2022 

Town ZBA, Building Dept., Planning Board give Foundation permits, approvals for massive sand mine at 103 Hedges Pond Road in 2008 and 2011

Foundation refuses to comply with Open Meeing Law

 

This blog explains how Town of Plymouth officials are complicit in directing public land to the “Plymouth Foundation” — a shadowy body run by developers (including Rick Vayo and Dee Wallace Spencer). Former state Representative Matt Muratore previously served on the Foundation, as did chairs of the Select Board. Select Board member Kevin Canty has yet to take his designated seat, as of September, 2025. The Foundation is stacked with developers, a town employee, Stephen Cole, and  three other Town officials: Lee Hartmann, Director of Planning, and Town Manager Brindisi.

Read more about the Foundation’s activities here.

Below: List of Plymouth Foundation directors. Source: Secretary of State (MA), 2024.

Source: Secretary of State, Corporations Division, Massachusetts

 

The Town Planning & Development Department works hand in glove with the Foundation. Town land obtained by taking it for non-payment of taxes is shepherded through Town Meeting and into the hands of the sand and gravel mining industry and private developers. This happened in 2005 and in 2018 and continues today.  Read more below.

 

Chronology of Foundation’s land grabs, Town employees’ role

2005: Foundation obtains 103 Hedges Pond Road from Town(Cantor Court)

The Town sold Plymouth Foundation 23.37-acres at 103 Hedges Pond Road in 2005. After conducting a sand and gravel mining operation from about 2008 to 2017 and profiting from the mining, the Foundation sold the land to Tonka Truck LLC in 2017 for $1.3 million. The location is known as Cantor Court. Where is the money?

Read more about the 2005 land grab for sand and gravel at 103 Hedges Pond Road here in the Sand Wars Report.

The Town gave a $475,000 mortgage to the Plymouth Industrial Development Corp.  for the property. The Plymouth Industrial Development Corp. was also a non-profit charity and a predecessor to the Plymouth Foundation.

Below:  103 Hedges Pond Road outlined in red in 2005 before the Foundation’s mining operation. Abutting it to the north is the PA Landers massive 80+acre sand and gravel mine. Read more PA Landers mine on Mountain Road here.

Before: 2005 Cantor Court

Above: 2024: After the Foundation’s mining operation and sale of the land at 11 Cantor Court. Mining is ongoing as shown above. The Town Building Commissioner and Planning Department refuse to stop it.

Above: 2010 showing Foundation’s mining operation at 103 Hedges Pond Road, 11 Cantor Court

2008: Town’s sand and gravel permit for Foundation  sand and gravel mining

103 Hedges Pond Road

In 2008 the ZBA gave the Foundation a permit for a massive mining permit at the 103 Hedge’s Pond site. See, ZBA Decision, Case No. 3455.

See the ZBA Permit #3454 here.

The Town’s Zoning Board of Appeals  (ZBA) is complicit in sand and gravel mining and has been for decades. It is the Plymouth body that gives earth removal permits. The ZBA knows or should know the mining is not normal land development. It knows the developers and their engineers misrepresent projects and present half-truths claiming they have to remove massive amounts of sand and gravel to develop the land. It’s simply not true. In 2022, one ZBA member called the mining operation on Route 3 a “ruse”. Other ZBA members have voted against permits as ruses before such as voting against the AD Makepeace massive mine in South Plymouth. But the Selectboard keeps appointing ZBA members who vote with developers every time. See the Sand Mining Permit Granted by Plymouth to the Plymouth Foundation here.

2011: Town expands Foundation’s sand and gravel mining permit for 103 Hedges Pond Road

In 2011, the ZBA voted 4-1 (Edward Conroy voting against)  to allow the Foundation to take out MORE sand and gravel, going from 400,000 cubic yards to 570,000 cubic yards. See, ZBA Decision Case No. 3623, recorded at Registry of Deeds,  Book 40005, Page 173.

2017: Town’s special permit to Tonka Truck LLC so Foundation can sell the land at 103 Hedges Pond Road

After mining the site, the Foundation sold it to Tonka Truck in 2017 for $1.3 million. Where did the money go? The ZBA went along with a special permit application for the land’s new owner. ZBA Case No.3861 allows Tonka to conduct vehicle service and repair, construction a building over 6,000 square feet and modifications to the front yard setback for a larger structure. Where are the $1.7 million and the proceeds from the sand mining?

2022: Foundation’s land grab at 71 Hedges Pond Road, Cedarville

In  2022, the Select Board sold  33 acres  of conservation land at 71 Hedges Pond Road to the Foundation for $1.00. The land was designated as the “Cedarville Conservation Area.” The Town Planning & Development Department told Town Meeting that 134 acres would be conserved as forest in exchange for the Town Meeting voting to allow the Select Board to sell the 33 acres to be “developed.” The 134 acres is not in conservation as of October, 2024.

The Foundation has been marketing the 33 acres for $4.2 million. Where is the money going to go? It has a purchase and sale agreement with sand and gravel mining operator, EJ Pontiff. The Foundation refuses to disclose the purchase and sale agreement to the public. Pontiff applied for a sand and gravel mining permit. Read more about the effort to stop Pontiff’s mining plan here.

Plymouth Foundation’s real estate broker Atlantic Properties is selling 71 Hedges Pond Road for $4.1 million

 

Plymouth: 71 Hedges Pond Rd. Sand Mine & Native American History

  • Land clearing starts in early 2025, destroying ancient forest on sacred Wampanoag Lands 

  • Wampanoag Great Lot and Native People’s habitation dates back millennia

  • Timeline of Sale to Sand Mining Company in 2025

 

Photos: February 14th 2025, work has started at 71 Hedges Pond Road, Cedarville. 

 

 

 

 

 

 

 

History of the Native American
Wampanoag Great Lot, Plymouth MA 

1800s: First “Indian Reservation” in the USA 

The Plymouth Foundation and EJ Pontiff sand mining operation is proposed for land that is part of one of the most significant Native American archeological areas in the United States. This is the site of the first government established “Indian Reservation” in the United States, known as the Herring Pond Wampanoag Tribe’s “Great Lot”. Read more here.

The Town of Plymouth ended up owning much of the land, likely due to tax takings, taking the land from the Native American people.  The map below shows the “Herring Pond Reservation” and the location of the sand mine at the red bubble. The mine is in the area marked “Ancient Indian Plantation.”  There has been no archeological study.

Above: 2024 Current Google Map overlaid with Herring Pond Wampanoag Historical Reservation map. Pink shading indicated the Reservation, and the red pin indicates where the proposed project is. The proposed project at 71 Hedges Pond Road falls within the area known as the Great Lot.

 

1977: Town acquires 175 acres for future landfill, abandons landfill plan in 1980s

1993 Plymouth Town Meeting votes to put land in custody of Conservation Commission as “Cedarville Conservation Area”

In 1993, a citizen petition placed ARTICLE 34 on the Town Meeting Warrant. It was a vote to create the “Cedarville Conservation Area” on what was then Map 55, Lots 22B, 23, and 23.  ARTICLE 34 passed unanimously.   See ARTICLE 34 below. 

Despite this unanimous vote, the Conservation Commission, Town Selectboard and staff never did what the Town Meeting directed them to do – protect this land. In 2018, the Selectboard, with Chair Cavacco and other Town officials, moved part of the 175 acres, Lot 24-1 land from the control of the Conservation Commission to the Selectboard. Then the Selectboard sold it to the “Plymouth Economic Development Foundation.” Now  a sand mining operator, EJ Pontiff, is said to have a purchase and sale agreement for the land. 

Below: 1993 Town Report with Article 34 and record of unanimous vote to create the Cedarville Conservation Area. The land was to be moved from municipal use to the jurisdiction of the Conservation Commission.

 

Above: Article 34 passes unanimously. 

 

2018: Selectboard sells 71 Hedge’s Pond Road (Lot 24-1) mining site to Plymouth Foundation for a $1.00

For 25 years, the Town staff did nothing and left the land in limbo, never taking steps to permanently protect it as was the intent of the Town Meeting unanimous vote in 1993. 

In 2018, the Town Director of Planning and Development, Mr. Hartmann, facilitated the transfer of the proposed mining site by shepherding it through Town Meeting and into the hands of to the Plymouth Regional Economic Development Foundation, Inc (PREDF) (now the “Plymouth Foundation”) for $1.00.

The 2018 Town Meeting Warrant Articles 25, 26, and 27 are  here.

The Town Meeting vote required the Town to put 134 acres into conservation in exchange for the Selectboard selling the huge hill of sand (Lot 24-1) for $1.00.

The Plymouth Foundation’s Board of Directors includes:

  • Rick Vayo, developer
  • Dee Wallace Spencer (daughter of developer Tom Wallace)
  • Plymouth Town Manager (Derek Brindisi)
  • Selectboard Chair (Richard Quintal),
  • Director of Planning and Development (Lee Hartmann),
  • State representative Matthew Muratore and others. 

The land has sand and gravel estimated to generated at least $5 million. After mining,   Pontiff can sell the building lots for millions more based on going rates. 

See relevant portions of the deed below conveying Lot 24-1 of the Cedarville Conservation Area to the Foundation which is now selling it or sold it to Pontiff for mining and development. 

DEED FROM SELECTBOARD TO FOUNDATION: signed by Betty Cavacco, Chair, Richard Quintal and others.

 

 

2024: Plymouth Foundation enters into sale agreement with mining company, EJ Pontiff

In July, 2024, hiding behind a shell corporation, “Standish Investment” Pontiff, his lawyer and engineers filed a permit application to mine about $5 million in sand cloaking it as a “unified complex” of 4 commercial buildings. What is the role of the Plymouth Foundation in this mining operation?

Pontiff is using a zoning classification as “unified complex.” There is no known definition of a “unified complex” — it opens the door for developers to destroy land with sand mining.

Pontiff claims that to build on the land it just happens to be necessary to do a years long sand and gravel mining operation to excavate and truck off site 350,000 cubic yards of sand and gravel operation. With one truck able to transport approximately 22 cubic yards of sand, there will be over 15,000 truck trips to transport sand from this site. How will this impact traffic and road safety in Cedarville?

In 2020, Scott Spencer, another developer and sand and gravel operator, used the same ruse of a “unified complex” to get a Planning Board permit for the 10+ acre massive years long strip mine happening now on Route 3 South. Watch the drone video here.

Below is the EJ Pontiff/Standish Investment Group “Site Plan” submitted to the Town.  Pontiff and his engineers claim the “commercial park” requires removing 350,000 cubic yards of sand and gravel. This will strip the site bare — just like the “Plymouth Foundation” strip mined the adjacent land at Cantor Court starting in 2008. Read more below. See the complete Site Plans and Town’s file for the 71 Hedge’s Pond “Commercial Park” here in a Google Driver Folder.

Below is the letter to the Town on behalf of Pontiff saying to build the commercial park they have to remove 350,000 cubic yards of sand and gravel.

December 2024: Plymouth Planning Board approves project despite wide community opposition, and request from the Herring Pond Wampanoag Tribe to conduct an archeological study. See their recommendation here.

They also ignored the Cedarville Steering Committees recommendation, and over 1,000 letters sent by residents asking them to deny the project.

January 2025: Plymouth Building Inspector issues building permit

May 2025: Town admits land was put into the control of the Conservation Commission

                See March 6, 2026 court filings here: Ten Residents Group asks court to allow amendment to complaint. 2026.03.06 Pltfs’ Motion to Amend Verified Complaint 2026.03.06 Memo ISO Pltfs’ Motion to Amend Verified Complaint

More Background:

Plymouth “Industrial Park” is also being strip mined for “commercial development”

This is the “commercial development” off Route 3 South in Plymouth. The Planning Board and Zoning Board of Appeals approved this massive years long mine as just “commercial development” in the “Industrial Park.” This was a ruse and pretense for mining. This is the same ruse being used by the Town in Cedarville.

Below: Route 3/10 Collins Ave. in the Plymouth Industrial Park. Sand and gravel mining operation started by Scott Spencer and G. Lopes Construction in 2021. They have excavated so much sand they have dug into the Sole Source Drinking Water Aquifer.

Spencer, apparently connected to Plymouth Foundation’s Dee Wallace Spencer, has been mining the site in violation of numerous laws. Dee Spencer states that she is a small business owner of Scott Spencers, Scobee Spencer Corporation.

As of July 2024, the “earth removal permit” for the Spencer mine above expired. The Planning Board Chair claims to know nothing about the expired permit (conversation with CLWC Meg Sheehan, Spring 2024). 

Learn more about Spencer’s 10 Collins ave project off Route 3 in Plymouth here.

Wetlands

In July 2024, Pontiff apparently sidestepped the state Wetlands Protection Act claiming there is no jurisdiction over the project. Plymouth Conservation Commission goes along. This is still under investigation. See Pontiff’s Notice of Intent under the Wetlands Protection Act and Town Bylaw. The Commission voted on July 16, 2024 to grant Pontiff a variance to let the operation destroy a protected wetland area in exchange for a vague promise of “replication” of wetlands under the Bylaw. View the NOI here. CLWC is still waiting for the Commission to provide their official decision pursuant to a Public Records Request. See the July 16th minutes here. 

Forests, wildlife

Pontiff tries to rely on 2018 “No Take” approval from state Natural Heritage and Endangered Species Program. See the correspondence below from Pontiff’s lawyer, D’Ambruoso

 

 

 

 

The site is categorized as an NHESP Priority Habitat for rare species and contains globally rare Pine Barrens Forest. Pontiff is evading the state law for an environmental study – MEPA. 

Map below showing NHESP Priority Habitat in yellow border, and Pine Barrens forest in green shading.

 

 CLWC  Sept. 9, 2024 Info Session recorded here. 

Pontiff’s history of sand and gravel mining in Plymouth and Carver

Is EJ Pontiff is acting as a front for the sand mining industry in applying for the Cedarville Conservation Area permit?

Read more about Pontiff’s mining operations:

Off Black Cat Road, Plymouth, MA

 140 Firehouse Road, Plymouth, MA.

Active 50 acre mine at 104 Tremont St, Carver, MA

0 Ward St, Carver, MA

TOTAL ESTIMATED VOLUME OF SAND AND GRAVEL: 5,168,515 cubic yards 
TOTAL ESTIMATED ACRES DESTROYED BY PONTIFF’S MINING: 163 acres 

 

 

 

PRESS RELEASE: Sand Mining at Halifax’s Wampanoag Native American Site on Whaleback Ridge Draws Community Opposition

PRESS RELEASE

July 24, 2024 

For Immediate Release

 Sand Mining at Halifax’s Wampanoag Native American Site on Whaleback Ridge Draws Community Opposition

Group Delivers Notice of Intent to Bring Damage to the Environment Lawsuit 

Mining Threatens Native American Settlement Sites, Drinking Water 

 

July 24, 2024: Community Members Gather for Standout In Front of Halifax Town Hall.

Halifax, MA — A statewide network of groups and individuals held a standout in front of the Town Hall in Halifax, Massachusetts, calling for a halt to destructive sand mining operations that are destroying known Native American settlement sites on the glacial esker known as the Whaleback Ridge overlooking  Monponsett Pond in the Town of Halifax. The network delivered a Notice of Intent to Sue Letter to the Town Selectboard and state officials under the state’s Citizen Suit Law. The letter states a Ten Residents Group intends to sue the mining operators and state officials for Damage to the Environment, including damage to water and the Native American historic sites. Historical records confirm the existence of three Native American villages on the land the companies are mining. 

July 24, 2024: Group Delivers Letter to Town Officials at Halifax Town Hall.

The Whaleback Ridge is an ancient esker towering over West Monponsett Pond. In addition to the known Wampanoag Native American archeological sites, it supports rich biodiversity. The ridge is made up of sand and gravel that plays a crucial role in safeguarding the well protection zone for the Town’s drinking water supply.

For decades, Morse Brothers Cranberry, Ryco Excavating, and Oiva Hannula & Sons Inc. have been extracting sand and gravel, leveling Whaleback Ridge, and digging up Native American artifacts and historic sites. Oiva Hannula & Sons, Inc. is a cranberry company based in Carver, MA. Its president and owner, Scott Hannula, is the chair of the Carver Earth Removal Committee, which grants permits for sand and gravel mining in the town.

 

July 16th 2024: Mining at the Whaleback ridge. 

“The public demands that Governor Healey immediately halt all sand mining operations. Our Sand Wars in Cranberry Country report documents the silent environmental crisis happening here and the shady network of companies evading the law. This must stop”, said Meg Sheehan of CLWC.

“This is a failure on the part of the Town of Halifax and Maura Healey’s administration. Corruption has infected every nook and cranny of this administration and it is disturbing,” said Mary Dormer of Carver Concerned Citizens. “I would like to know when breaking the law became acceptable? The sand mining in Southeastern Massachusetts has to stop. Governor Maura Healey and Secretary Rebecca Tepper need to get their heads out of the sand (or their hands out of these lucrative pockets) and protect the residents and the environment. Enough is Enough.”

The groups say they will keep campaigning against industrial sand mining across the region until people and the environment are protected and the damage to the environment is stopped and remediated.

 

More information:

Www.SandWars.org

Read more about the Halifax mining site at the Whaleback

Sand Wars in Cranberry Country and 10 minute video

Community Land and Water Coalition website

Petition for a Moratorium on Sand Mining in Southeastern Massachusetts

 

Contacts: 

Meg Sheehan, Coordinator, Community Land & Water Coalition

environmentwatchsoutheasternma@gmail.com

Tel. 508-591-5522

Mary Dormer, Carver Concerned Citizens

carverconcernedcitizens@gmail.com

Tel. 718-450-5600

 

Community Land and Water Coalition

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

Please consider making a donation to help strengthen our impact!

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

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