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.
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