LAWRENCE – After months of intensive sand mining at the Zibell Farm with large trucks, bulldozers and other noisy equipment disrupting a quiet Georgetown neighborhood, the town last week won an emergency freeze on the operations.
Superior Court Judge John Frazer, before he left this week for vacation, allowed the Georgetown SelectBoard’s emergency petition against Robles Excavating Co., Todd Champlain, and Mary Potter to stop the sand mining operation at the 100-year-old farm.
“Until further order of the Court, the Defendants are prohibited from conducting any earth removal, excavation or importation at 214 North Street, Georgetown, MA, without the permission of the Plaintiff,” the order read.
KP Attorney Roger Smerage also asked for a preliminary injunction on the mining operation, but the judge did not grant that petition.
The attorneys present their case to Judge John Fraser in Lawrence Superior Court.
Fraser encouraged Robles and the farm owners to renew the permit application process with the town and wrote that he would expect any action by the town, including conditions placed on the permit, “to be reasonable.”
Robles, which has been excavating sand at the farm for months before the town acted, has removed almost 29,000 cubic yards on a 5-acre section of the 30-acre farm, according to Champlain. Giant removal equipment has excavated as far down as 19 feet to determine where the water table. Most of the excavation is reported to reach a 13-foot depth.
The purpose, besides selling the valuable sand, was to bring in high quality soil capable of supporting an organic farm, Champlain told the planning board.
Peter Vetere, the farm’s attorney, argued that state and federal law and several court rulings governing farming allows the removal and sale of sand. He also argued that the town has no 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 the 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 mining and extraction. “My life has been devastated. This has to end,” she said.
Not all neighbors oppose the mining. Some support it, as Champlain told The Town Common, because he gives them produce raised on the farm. ♦
Random ‘Sand Notes’ Compiled by The Town Common:
Date Filed: 8/13/2025 8:26 AM
Superior Court – Essex
COMMONWEALTH OF
MASSACHUSETTS
SUPERIOR COURT DEPT.
CASE No. 2577CV00825-C
Town of Georgetown, by and through its Board of Selectmen (Plaintiff) v. Robles Excavating, Inc.; Todd Champlain; and Marry K. Potters, as Trustee for the Mary K. Potter Living Trust (Defendants)
PLAINTIFF’S EMERGENCY
MOTION FOR TEMPORARY
RESTRAINING ORDER
Granted, August 14, 2025
‘THE LETTER’
In a letter dated 20 May 2025, Georgetown Town Planner Frank O’Connor, Jr. notified the property owner that “It has come to our attention that work is being performed without required permits(s) at your property, located at 214 North Street, Georgetown, MA.”
O’Connor went on to detail that while Georgetown is a “Right to Farm community, there is not any exemption to the need for a farm to obtain a Soil Importation permit” in Mass. General Laws.
Accordingly, O’Connor demanded that the property owner apply for a Soil Importation Permit and noted that failure to do so could result in fines of not more than $1,000 per day, or imprisonment for not more than one year, or both.
He concluded that “No work shall be done until a permit is issued and the required inspections completed.”
The property owner, Mary K. Potter did not stop her contracted sand mining operation. Her excavator Todd Champlain continued to mine, screen, and arrange for loading of large transport trucks which ran typically 10 – 14 hours per day, with individual trucks entering and departing approximately every 10 minutes throughout the day.
In his court rebuttal, Champlain noted that he does not require a permit, and presented his multiple cross-outs and “n/a” (not applicable) notations on his submission to the town. Potter attempted to stop Champlain a day before the court hearing. Prior to that, for months she allowed the mining to continue at her property. ♦
‘THE POLICE’
Number 214 North Street was an active location for the Georgetown Police last week, as they were called to the scene multiple times, by multiple people, including:
Monday 8/11: Mary Potter called police at 5:16 a.m. “reporting an email from Fish and Wildlife containing a cease and desist order for the contractor (Todd) … she does not want him on the property conducting work … Police noted that Todd was wanted on an outstanding court warrant. Sgt. Jenkins and Officer Carrera served the warrant, transporting Todd to the station. Lt. Rodden transported Todd to Lynn District Court on Docket Number 25 1 3 CR00 1637 where the case against him regarding a unlicensed driver driving an unregistered vehicle was dismissed – not at fault.
Tuesday 8/12: Todd Champlain called police at 6:45 a.m. stating that about “eight parties were blocking him from access to the dig site. He
states he feels threatened by them and describes them as Hell’s Angels.”
Officers Sepe, and Straker responded initially with Sgt. Jenkins and Officer Carrera also
responding
as backup. An additional unit was also requested from Newbury. Vibol Thou of Gardner, Mass., and Lung Chea of Lowell, Mass. who were part of the group blocking the entry
road apparently told the officers they “did not know why they were there but had just been hired to block the driveway. Property owner (Kathy Potter) claimed no knowledge regarding their presence.” Several minutes later they provided a key to a license driver to get the truck blocking the entrance off the property.
Tuesday 10:12 a.m.: Champlain informed police that items in excess of $400,000 were missing from the job site overnight. This included:
(1) Komatsu PC-78 excavator
(black & green, $100k)
(1) NPK GH7 hydraulic hammer
(value $139k)
(1) NPK GH12 hydraulic hammer
(value $169k)
(1) KomatsuPC-27 mini excavator
(black & green, value $30k)
(l) NPK PH-4 hydraulic hammer
(value $28k)
(2) Holmes plows 14′ (grey, value
$15.5k each)
(1) Wacker Neusson compactor
(black & green, value $10k)
(1) 48″ Lemac bucket (value $1k)
In his narative, Sgt. Daniel Jenkins noted: ” I asked Champlain if he could produce more paperwork on the equipment (particularly the excavators), and he informed me that he would have to go back to Middleton to retrieve them from his residence. Champlain agreed he could bring in the paperwork after court today so the items could be entered as stolen. Champlain informed me that he believes Mary Potter’s friend Scott Millbury took the items sometime ovemight. I asked him why, and he informed me that they are trying to drive him off the property.
I approached Potter’s house to inquire about her ring camera that is facing the driveway and would have an unobstructed view of any vehicles/equipment coming and going from the property. I met with Potter, and she informed me that she erases the camera’s video records every day, and that she did not see anything coming or going throughout the nighttime.
At 1415 hrs, I made contact with Scott Millbury (Mary Potter’s boyfriend) who informed me that he had no knowledge of the missing machinery …”
At 2:02 p.m., Bentley Warren Construction reported to police that 3-4 of their trucks were not being allowed onto the property and were waiting on North Street. Property owner stated she decided to block access to incoming trucks.♦
