Wareham: three proposed AD Makepeace & Borrego sand mining and industrial solar projects

In April 20, 2021 Concerned Wareham residents filed a lawsuit Land Court in Boston, MA against AD Makepeace Company, Borrego Solar Systems, Inc. and the Wareham Planning Board under the town’s zoning law to stop the 140 Tihonet Road solar project. The lawsuit appealed the Planning Board’s March 2021 Decision granting Site Plan Review Approval for a 76-acre clear cut and strip mine for the Borrego Solar project at 140 Tihonet Road, Wareham. The plaintiff lost the case due to lack of legal standing, the biggest hurdle in any zoning case.

Makepeace and Borrego fought the lawsuit with every underhanded tactic, including getting the Wareham Town Clerk submitted a false affidavit to the Land Court in an effort to help Makepeace and Borrego get the case dismissed. Read more HERE

The lawsuit said it “seeks to make Defendant AD Makepeace Company, the largest private property owner in Eastern Massachusetts, play by the rules.” It states that for too long, Makepeace “has avoided proper regulatory reviews for its industrial sand mining, earth removal, and land development activities.” California-based Borrego Solar plans to build the solar project and 2 others located nearby.

The lawsuit asked the court to remand the Decision back to the Planning Board for proper consideration of the factors in the Zoning Bylaw that are supposed to protect neighbors from nuisance and detrimental impacts to their property and well being.

Makepeace cannot proceed with the solar project until it gets an earth removal permit from the Board of Selectmen. The project approval is based on clear-cutting and strip mining at least 1.2 million cubic yards of sand and gravel. Borrego admits that the earth removal is not necessary to build the solar project. The solar is just a ruse to cover up an industrial sand mining operation.

A separate lawsuit appealing the Conservation Commission’s grant of a wetlands permit is also pending in court.

3 proposed solar projects: 140 an 150 Tihonet Road, 27 Charge Pond Road

27 Charge Pond Road, Wareham 44 acres

AD Makepeace Site Phase 10

140 Tihonet Road, 76 acres

1-2 million cubic yards of earth removal

AD Makepeace Site Phase 11