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Appeals court asks whether Carver earth‑removal bylaw’s main purpose is environmental protection or public-safety regulation
Summary
In oral argument over a citizen suit, judges questioned whether Carver’s earth‑removal bylaw was enacted with the "major purpose" of preventing damage to the environment under G.L. c.214 §7A and whether ongoing permitted activity could still be challenged under that statute.
A group of Carver residents asked the Appeals Court to allow a citizen suit under G.L. c.214, §7A, arguing that the town’s earth‑removal permits and the committee that approved them have caused widespread environmental damage across multiple sites. The town and the permittee, AD Makepeace Co., urged dismissal.
Margaret Sheehan, counsel for the resident plaintiffs, told the court the bylaw establishes a permitting scheme that specifically identifies environmental features — vegetation, wetlands, recharge areas, groundwater elevations, historical sites and stormwater impacts — and requires detailed site‑plan submissions and restoration plans. She argued that those provisions show the bylaw’s “major purpose” is to prevent or minimize damage to the environment and that large‑scale…
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