Attorneys for the town of Oak Bluffs and the Martha’s Vineyard Regional High School committee made their final arguments Friday morning before state land court judge Kevin Smith in the dispute over a planned artificial turf field at the school.
Attorneys for the town of Oak Bluffs and the Martha’s Vineyard Regional High School committee made their final arguments Friday morning before state land court judge Kevin Smith in the dispute over a planned artificial turf field at the school.
“I’ll make a decision soon... maybe even before Thanksgiving,” Judge Smith said, at the end of an online hearing that lasted less than 20 minutes.
The judge previously determined that the Oak Bluffs planning board exceeded its authority in 2022 when it denied the turf field, based on a town bylaw requiring a special permit for development in the town’s water protection overlay district.
That bylaw is not applicable under a state law known as the Dover Amendment that loosens some local regulations for public projects, Judge Smith ruled in September.
On Friday, school committee attorney Brian Winner, of Mead, Talerman and Costa, called for a summary judgment to close the case, saying the planning board has no further business with the project.
“Your honor’s ruling is very clear, and we don’t see a need to go back,” Mr. Winner said. “There’s just nothing to do in front of the planning board any longer.”
Town counsel Michael Goldsmith of Reynolds, Rappaport, Kaplan & Hackney argued that if the planning board denied the permit in error, board members deserve the opportunity to reconsider the project in the light of Judge Smith’s ruling.
“They should have another crack at it, your Honor, and decide whether there is a... configuration that could harmonize the district’s right to have its educational uses and the board’s right to reasonably regulate to protect public health and safety,” Mr. Goldsmith said.
Both attorneys agreed with Judge Smith that he has been thoroughly briefed on the case and that no further filings are necessary for him to render his decision.
While the judge decides whether or not to send the school’s artificial turf field back to the planning board, the Oak Bluffs board of health is ramping up its opposition to the plan. The health board is asking for support from other towns for a three-year moratorium on artificial turf.
A draft of the ban was on the agenda for the health board’s Nov. 18 meeting, which was canceled.

Comments
Regardless of the outcome, I
Barbara Gould Plesser Oak BluffsRegardless of the outcome, I sincerely hope that as Honest Brokers during this contentious debate, that we can ALL find a way to move on, and heal the rift it has caused among us.
Isn't it sad that this truly
Enough Already Oak BluffsIsn't it sad that this truly inconsequential debate has caused a "rift" in our community. Ashamed that we've spent so much time and money on this truly First World issue.
Please!
Gene OBPlease!
Key word being “honest”
Shawn MacPhail AquinnahKey word being “honest”
What percentage of of MVRHs
Albert GosnoldWhat percentage of of MVRHs students will paly a competitive sport on these fields?
What will be the cost per student per year?
Approximately 200 students
Cindy Flanders EdgartownApproximately 200 students were rostered for fall sports this year; somewhere around 25% of the student body. That number does not include the junior high level football students who also play on the high school fields. Athletics are supported by the school budget; officials, travel, balls, and stipends for coaches. Many other expenses are covered by booster clubs. The idea that athletics are some huge drain on the school budget is a laughable.
Planning board’s argument:
Islander61 OBPlanning board’s argument:
Goldsmith: Judge, my client ignored my advice not deny the special permit for the field, as I outlined in my written opinion they asked for, therefore, they’d like you to let them find another way to deny this perfectly legal and safe project. You see, the science that made to applicant pay $50k for says it won’t affect the aquifer so they want to now tell the applicant to spend even more taxpayer money. You see judge, my client knows that the longer they can delay this project gives them a win and they would like to find another illegal way to get it denied but they need more time.
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