GEORGETOWN – The town’s lawyers on Friday filed for an injunction against Robles Excavating Co., Todd Champlain and Mary Potter Friday to stop the sand mining operation at Zibell Farm. It asked for a preliminary injunction on the mining operation.
The action, which will be heard in Lawrence Superior Court at 2 p.m. on Aug. 12, was authorized by the SelectBoard, apparently when it met on the mining operation in an executive session last Monday.
The Planning Board also met last Wednesday to close its public hearing last week. Its chair Harry LaCortiglia appears to have known that the lawyers were already drawing up the suit. He said only, “Tomorrow is a whole new day.”
He was unable to explain what was happening to the frustrated neighbors to the 30-acre farm.
According to the farm owners, the state Department of Environmental Protection Agency toured the farm, and other state agencies have also reportedly been monitoring the sand mining operations.
Farm manager Todd Champlain told the Planning Board the current operations plans to continue through the fall until almost 29,000 yards on a 5-acre section have been excavated in some sections to 19 feet, where the water table is.
The plan is to replace the extracted sand, which is valuable, with clay to hold water and high-nutrient soil for an organic farm.
When asked if the farm would continue removing sand without a town permit, Peter Durning, the attorney for the farm, said, “We will be continuing.”
The farm maintains that state and federal law governing agriculture allows it to remove and sell the sand, and the town is without authority to stop it or regulate it.
The town, according to the law suit, states that Chapter 49 of its bylaw prohibits the excavation of sand on private land without a special permit granted by the town.
Champlain told the Planning Board his future plans are to excavate the sand in at least three other 5-acre sections.
According to neighbors, that means 18-wheel trucks, sifters and excavators will continue to operate from 6:15 a.m. until late in the day for months and possibly years.
Neighbor Beth Gramolini said she has to leave home all day because of the noise and vibrations from the trucks and other equipment. “My life has been devastated. This has to end,” she said.
While many in the adjacent neighborhoods have been vocal against the mining, some have not openly opposed the operation, thus far, as Champlain has made provisions for them, including sharing of crops.
Board member George Comisky said in his six years on the board, “I have never seen anything like this.” He said it was the first time the Planning Board has lost control of a site under its jurisdiction.
Board member Bob Watt agreed with Comisky. “It sounds like a mining operation,” he said. Removing soil to 19 feet is “excessive.”
One neighbor asked why the farm needs to replace the soil to 19 feet “to plant organic tomatoes.”
The SelectBoard was scheduled to meet again Monday for a follow up to its summer workshop. It is unclear if the sand mining operation at 214 North St. would be discussed or any action taken in open session.
The Planning Board is also scheduled to meet again this week to decide and vote on whether to grant a soil importation permit for the farm. ♦
