Carver Conservation Commission Orders AD Makepeace Work Stopped at South Carver Bog Site

CARVER -- January 7, 2026, Carver Conservation Commission issues enforcement order and cease-and-desist against AD Makepeace Company over alleged unpermitted wetland filling. The commission voted unanimously Wednesday to order AD Makepeace to halt all work at its Smith Hammond bog complex at 24 Federal Road in South Carver, after Community Land and Water Coalition attorney Meg Sheehan and wetland scientist Brandon Fanuf presented aerial and GIS evidence alleging the cranberry grower filled approximately 58.5 acres of bordering vegetated wetland, destroyed more than 575 linear feet of USGS blue-line perennial streams, and eliminated a pond, all without ever filing a notice of intent with the commission. Fanuf cited potential civil penalties of "$25,000 per day per violation" under the Wetlands Protection Act and described disturbance of roughly 15,000 square feet within a Natural Heritage and Endangered Species priority habitat area around Golden Pond as a potential state endangered-species violation. AD Makepeace's litigation counsel, Jared Kleiner of Foley and Lardner, asked the commission to deny the request for determination of applicability, arguing it was a retroactive action and that pending Superior Court litigation over a 2019 earth removal permit precluded the commission from acting. Town counsel Amy Quetzel agreed the RDA mechanism was unusual for completed work but said she did not accept the litigation-preclusion argument. The enforcement order requires Makepeace to provide expert explanation of the work performed and a professional field delineation of current conditions; the hearing continues February 4.