High School Mulls Legal Action Against Planning Board Over Fields
With a $7 million overhaul of the high school athletic fields now stalled, the high school committee meets Monday to decide the next steps.
With a $7 million overhaul of the high school athletic fields now stalled, the Martha’s Vineyard Regional High School district committee is set to meet Monday to decide the next steps, including the possibility of taking legal action against the Oak Bluffs planning board.
The planning board voted two weeks ago to deny a special permit for the fields project, capping months of bitter debate over the plan to use artificial turf on the main playing field.
A 32-page decision issued by the planning board this week lays out detailed concerns about the potentially hazardous use of PFAS chemicals in the town’s water resource protection area.
At an online meeting Tuesday the high school committee began to weigh its options.
“We’re a little bit at a crossroads,” committee chairman Amy Houghton said.
The planning board denial leaves the school district with three potential courses of action, she told the committee.
The district can appeal the decision in court, or wait two years to apply with the same project again, she said.
The third possibility would be to re-apply with a material change to the project, Ms. Houghton said. An amended application would require the approval of the Oak Bluffs zoning board of appeals before coming before the planning board for a vote, she said.
Committee member Kris O’Brien noted that any amendment would send the project back to the Martha’s Vineyard Commission, which approved the fields project last summer, for further review as well.
“Cheaper than an appeal,” said committee member Skipper Manter.
The school district has already spent legal monies on the long-running project. Asked by committee Robert Lionette later in the meeting for an accounting, finance director Mark Friedman said the amount was $37,900 as of January.
“There’s probably been a little bit more since then, exactly how much I can’t say, but my guess would be probably in the few thousand dollars if I had to speculate. That’s the accounting that we had at the end of January,” Mr. Friedman said
A motion by Mr. Lionette to re-apply to the planning board, with the material change of grass instead of turf, was voted down, with only Ms. Houghton and Skipper Manter joining him in favor and Roxanne Ackerman abstaining.
Instead, on a motion by Ms. O’Brien, the majority of committee members voted to continue the discussion with legal counsel in executive session.
That meeting has been set for Monday beginning at 6:30 p.m. over Zoom. The committee is scheduled to vote to go into exceutive session first, to discuss “strategies for litigation involving track and field,” according to the posted agenda. An open session will follow, with further discussion on the track and field project.
The stalled fields project comes as the regional high school, which serves the six Island towns, is at its own crossroad of change. School leaders are in the early stages of grappling with planning for a complete campus overhaul and building renovation that is expected to cost $100 million or more. The school has provisionally qualified for reimbursement money from the Massachusetts School Building Authority, but first the six towns need to iron out a series of complicated problems with the school funding formula. A subcommittee has been meeting regularly on that issue.
Also Matthew D’Andrea, the Vineyard schools superintendent who has been at the forefront of the fields project, leaves next month to take a new job in Wareham. Mr. D’Andrea has long said that the phased fields project (whose total cost is pegged at $11 million) would be paid from private donations, but details about the fundraising plan have never been disclosed publicly.
The all-Island school committee was set to meet Thursday night to discuss the next steps for the superintendency, including a search process and the appointment of an interim superintendent.
Meanwhile, on Tuesday the high school committee began its review of required legal changes to the high school regional agreement, which originates in the 1950s and governs how the district is operated.
Attorney Nancy Campany, of Murphy, Lamere and Murphy in Braintree, guided committee members through a forest of red-typed and crossed-out amendments aimed at bringing the document up to date and in compliance with state rules.
Some of the proposed updates are as simple as updating Gay Head to Aquinnah, to reflect the town’s 1998 name change, and changing the district’s budget deadline to match the state education department’s schedule for releasing data.
The legal review with Ms. Campany will continue at a meeting June 6.
Comments
I’m puzzled by this move.
Susan Desmarais Oak BluffsI’m puzzled by this move. There had been a lot said about how grass proponents have delayed athletes by advocating against plastic turf. Now there’s a decision why does the school refuse to accept that and move ahead with grass. And going into executive session…..why not be transparent?
I believe it is called an
William Oak BluffsI believe it is called an appeal process. The school has the right to appeal the decision, and this is a transformational project for the island. Why not exhaust all options?
Do not waiver on replacing
William Oak BluffsDo not waiver on replacing the synthetic turf with grass with a track around the field. Operationally, this would not be the same project and creates a whole set of unseen challenges.
The community will want the track accessible, but the grass field inside MUST be secured. Otherwise, EVERYONE will be using that grass field, including track athletes just walking around the grass during the course of practices, etc. You can’t maintain a grass field that way. The grass field will get destroyed even with the best maintenance practices simply because the school can’t secure it. Practically, you cannot put a fence between the grass and the track to secure the field because someone will end up getting hurt.
The only other solution is to lock the entire complex which defeats the purpose of having the track accessible to all.
Simply replacing the synthetic turf with grass is not a 1:1 swap. Seems easy, but creates new problems that the actual decision makers will NEVER have to deal with. Don't give up on the turf.
Why not separate the track
Beka ElDeiry MvWhy not separate the track from the Field,
Like it is now ? We will never accept this plastic turf and we will never waiver on this .
If turf is not an option,
William Oak BluffsIf turf is not an option, then separating the two project should be on the table. My point in the previous comment was that just swapping synthetic turf with grass (w/track around it) isn’t as simple as one would think. It creates additional problems that many won’t consider.
So our school committee can't
John EdgartownSo our school committee can't accept the ruling of the town and is now considering legal action. That is unbelievable. And who do they think is going to pay for this legal consultation and action - us the taxpayers. Seriously, get over it and get going with grass. And remember, this is not a professional sports arena, it is a high school field sitting on top of the ONLY aquifer for our island water
I am exhausted from hearing
Bob EdgartownI am exhausted from hearing about our one aquifer for the island. Whatever may or may not happen from an artificial turf is nothing compared to what is already happening to our one source aquifer. Walk through the isles of your local paint store, hardware store, chemical aisle in the grocery store, septic systems, landscapers and farmers with their fertilizers, their pest control products the list is exhausting. These are all trade-offs and those who are so concerned about the possible damage of this artificial turf should continue on the soapbox and address these other issues as vocally and enthusiastically as they have gone against this project. I would suggest the above mentioned products which we all seem to accept are far more dangerous to our water supply.
The fact that the MVRHS
laurie david ChilmarkThe fact that the MVRHS school committee is considering suing its host town for the right to contaminate its water supply is beyond comprehension.
They appear to have totally
Katherine ScottThey appear to have totally lost the plot.
Suing the host town? You
Baker Townes MVSuing the host town? You mean appealing the decision of 2 people. You mean appealing the opinion of one person who was never going to allow this project to happen. Doesn’t seem so out of whack when you actually break it down. It is an appeal, not some criminal event or lawsuit seeking damages. It is an appeal to a finding that likely is not in step with what OB already paid their lawyer to tell them.
Amen. Good comment.
Carol formerly ChilmarkAmen. Good comment.
When the MV scientific,
Beka ElDeiry MvWhen the MV scientific, environmental , farming , boards of health community at large , write credible opinions against importing this plastic to our island , and the leaders of our high school ingnore them , it is a real problem. Leadership roles in education are tax payer funded . Coaches , teachers and school commitee members are all PUBLIC SERVANTS. This endless fight will be your legacy . There is a vacuum of leadership as our Superintendent leaves and the fight grinds on for the next football coach and the next Superintendent.
While this 1 field wastes all of our time , we could be thinking together as a community about the best grass fields , teacher retention and housing and building a new school . Many tax payers will have a bitter taste to fund any of this without a move to positive leadership to support best practices for our environment and local scientific opinions . Encouraging our student athletes that they need and deserve plastic turf is irresponsible and unsustainable .
It seems my last comment was
Islander61 OBIt seems my last comment was to on point to be printed so let me try again. 1. The opponents to this project didn't accept the MVC decision and they continued to oppose the project, why should the school stop when there is so much invested in the project so far? 2. William is right on point, the grass won't survive without being seriously protected. Do we want a field the entire island can't use? That is what will happen if this project goes grass. Only the high school teams will have use of this field. 3. If the surface is changed this will no longer be a privately funded project, those donors will walk and the tax payer will have to take on the project. Sounds like the VH School scenario doesn't it? 4. What teams at the school will be able to use the new grass field? Each team has different needs for their fields. Field hockey needs a completely flat, short cut field, and will never want to play on a field that was played on after a football game, it will be too dangerous. There will be way too many divots. Football wants longer cushiony grass. Soccer wants shorter cut grass but not as short as field hockey. How will one grass field accommodate the needs for all the teams? It can't, that is why you will need more grass fields, and with Title IX, they have to each be equal. That will include, equal bleachers, lights, sound systems, field house, scoreboards, etc. To say grass is the answer and will accommodate each of the program needs is not something who has to manage, schedule, and maintain the fields would say. Now my last question, if grass were possible by high schools with high school budgets, why are so many high schools going to turf fields? Answer, because they can't maintain them to accommodate the needs of every team. The science by the experts hired to test this field have said it is safe, that is on record at both the MVC and the Planning Board. The aquifer is in more danger by the other things that Bob from Edgartown and Trip Barnes have pointed out, not by this field. I can tell you for certain, the kids are very disappointed in this decision and the school board has the kid's and island community's best interest in mind. They should exhaust all options because in the long run it will be the most financially prudent thing to do.
How long has this been going
Joe Buti BostonHow long has this been going on?
Years and years. “Too much
Unbelievable EdgartownYears and years. “Too much democracy leads to anarchy “
Educate our students. Pure
Tom Engley West TisburyEducate our students. Pure and simple. And please curb your enthusiasm.
In your opinion, do students
William Oak BluffsIn your opinion, do students only learn in a classroom?
As someone who coached
Jason Peringer Vineyard HavenAs someone who coached (assistant) multiple sports at MVRHS for years many years ago, it was acknowledged that the track facility needed replacement back then, many years ago. Through all of the challenges, including the MIAA condemning the track, the coaches have not only persevered, but earned titles and accolades for their accomplishments and endeavors. This project is a sad example of of how their is a lack of cooperation and I cannot imagine trying to coach through this fiasco for nearly two decades of sub-par conditions. I see no end to this, and I have no doubt several more long-time coaches will retire before anything is achieved that even resembles a amicable solution.
Both Island papers have
Marc Rosenbaum West TisburyBoth Island papers have chosen to cover the controversy rather than the science. I'd suggest to anyone who cares about the project to read the whole decision. One can find lawyers who will take any case, but the written decision is clear and complete based on the science, and I suspect an attempt to overturn will not be successful. If the appeal is based on the whether the OBPB has jurisdiction based on the 70+ year old Dover Amendment, I suspect that there will be a benefit to cities and towns state-wide emerging from that decision, because it's hard to imagine that the Courts won't bring the interpretation up to date regarding jurisdiction over environmental hazards, which weren't in anyone's mind in the Dover decision.
If there is a suit, I expect that we will all find out where the money is coming from to fund it. I'd rather see that money improve academic performance and improve the built facility.
The Field Fund has been
Geraldine Brooks West TisburyThe Field Fund has been ready to give our young athletes excellent grass fields--which is what professional athletes prefer--for half a decade. I beg the school decision makers to get on and do it.
The Field Fund is ready to
William Oak BluffsThe Field Fund is ready to step in and fund whatever the athletes need? Who determines that need? Field Fund or the School Board? Yes, professional athletes do prefer natural grass because that is a luxury that those industries can afford (to a degree). If Fenway was home to the Pats, Sox, Revs and BC Field Hockey... I guarantee you it would be synthetic. Islander61 is 100% correct. When a high school is trying to manage the competing needs of each sport (equitably) it is very challenging. A synthetic turf stadium addresses many concerns and competing needs in an equitable, practical and financially responsible way. I'd add that this plan is also environmentally responsible, but I appreciate that's exactly what is being debated. :)
I beg to differ. The FF
Islander61 OBI beg to differ. The FF withdrew all offers to build and maintain grass fields years ago, and in no public meeting I’ve attended have they offered to do anything with the high school fields. This is all on record in the school committee, MVC and the OBPB minutes.
I see some stunning numbers
Jose Oak BluffsI see some stunning numbers here. $11 million of private donations to cover the phased fields projects. Would our time be better spent convincing these private donors to help with the need to rebuild the building? Of course sports are important but the school's most important mission must be academic and vocational (MV does too little of this). If our kids lack the basic skills to compete in this more complex world, none of any of this debate will matter. How about more investment in STEM courses, better vocational training, more literacy, etc. How about getting the building issues addressed first and engaging the private donors to help make this happen? That should be the priority.
PFAS, are the Forever
Ken Rusczyk Oak BluffsPFAS, are the Forever Chemicals that are very nasty and Never go away. The fields are over our aquifer and wells that all down island draw water from.....not a good idea. a NO brainer!
Where does the appeal go? to
Adam Wilson OAK BLUFFSWhere does the appeal go? to superior court? Most judges are not going to involve themselves in local community review board decisions unless the process was administratively flawed or the decision so arbitrary and capricious that an appeal can be allowed jurisprudence in superior court.
So let me get this straight.
Islander MvSo let me get this straight. Private money is dictating what a public school uses on their campus and some school commitee members , who are publicly elected , go to bat for these unknown wealthy people who will not donate unless there is artificial turf used ? Is this what the local taxpayer expects ? Outrageous.
The discovery alone on this
Yes Please MVThe discovery alone on this trial would be amazing. All the electronic back and forth between the proponents who cleverly shielded their actions from public scrutiny by “advising” the school would be held accountable (or not, depending) but we would finally get a public record of their strategies and actions, which has been available to them at the public record level, all along. Might even find the money behind it all and determine their motives. By all means, appeal.
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