Wareham MA: Lawsuit challenges Makepeace & Borrego sand mining and industrial solar project

UPDATE: December 28, 2021: Wareham Town Clerk submits false affidavit to Land Court in an effort to help Makepeace and Borrego get the case dismissed. Read more HERE.

April 20, 2021 Concerned Wareham residents filed a lawsuit today in Land Court in Boston, MA against AD Makepeace Company, Borrego Solar Systems, Inc. and the Wareham Planning Board. The lawsuit appeals 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 lawsuit “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 asks 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. The earth removal and solar installation will create a blight on the neighborhood and harm the value of Crane Landing homes, according to the lawsuit.

The lawsuit asks the Court to prevent the issuance of a building permit until the case is resolved.

Here are the 3 solar locations in Wareham

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

150 Tihonet Road, 67 acres

AD Makepeace Site Phase 12

Earth Removal TBD