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Carver-Plymouth: Weston Franklin Marsh – Ryco Excavating mining operation continues under the ruse of cranberry agriculture

January 30, 2023

This massive strip mine is located on the Plymouth-Carver border

Since 2018, the Westons have been mining under the false pretense of agriculture with permits from Plymouth Zoning Board of Appeals and Carver Earth Removal Committee

Massachusetts law is clear: this does not qualify under state or local law “incidental” agricultural use

January 2023 Update: Westons exploit the land again – after illegally mining to create an “agricultural reservoir” now they plan “floating solar” on cranberry pond – backed by state subsidies– and Plymouth Planning Board

The “ReWild” solar plans here

Westons seek subsidies for a “Floating Solar Tariff Generation Unit” under the state SMART program

Winter, 2022: Franklin Marsh sand and gravel mining operation: total volume about 1 million cubic yards, market value about $9 million, duration about 5 years. Does not qualify as an “incidental” land use under Massachusetts law.

Under the ruse of an “agricultural project” Franklin Marsh Cranberry Co., whose owners are Gary Weston and his son Craig Weston started a massive, 1 million cubic yard earth removal operation in 2018. The bylaws of Carver and Plymouth prohibit earth removal on this land which is zoned residential-agricultural, without a permit. To obtain the permit, the Weston’s employed the age-old ruse of claiming that removing sand and gravel was merely “incidental” to building an 18-acre “agricultural project. This scale of earth removal does not meet the legal standard set by Massachusetts Supreme Judicial Court for an “incidental” agricultural project.

The Plymouth Zoning Board of Appeals permit is below. The ZBA extended the permit several times to allow Ryco and the Westons to maximize the sand and gravel extraction.

2018.05_TownZBA.Permit.3905-Franklin-Marshal-LLC-1Download

The Carver Earth Removal Committee permit is here.

Franklin-Marsh-Earth-Removal-Permit-Order-of-ConditionsDownload

The Westons are also leasing their land to PowerPlus/Cranberry Point for the 150 MW battery storage facility in a residential neighborhood. The Weston primary business is not cranberry farming but sand and gravel mining and leasing their land for industrial energy infrastructure. Ironically, Craig Weston is Carver’s Fire Chief. Due to the conflicts of interest, he has had to recuse himself from being involved in safety preparedness regarding the Cranberry Point project.

Weston’s massive strip mine under the ruse of “agriculture.” Ryco Excavating is doing the work.

Here is a short video on the Franklin Marsh Cranberry mining operation: Wampanoag Rights v. Extraction of Sand & Gravel

See drone footage here:

Drone 1

Drone 2

Drone 3

Franklin Marsh sand and gravel removal site 2021. Site has expanded since then. Sand and gravel mining operations are occurring in the Plymouth Carver Sole Source Aquifer.

Read the legal analysis of how sand and gravel mining operators evade local bylaws by disguising their operation as “agricultural”.

State SMART Solar Regulations here.

See Carver ReWild Renewables floating solar plans by Beals+Thomas for the Westons here:

float_lane_preliminary_subdivision_plan-1Download
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