PROVIDENCE – The town has officially launched a legal challenge of a decision by the Burrillville Planning Board to deny the application to install a synthetic turf field at Burrillville High School.
In an appeal of the land use decision filed on Thursday, May 22, attorneys from the firm representing the town, Anthony DeSisto Law Associates, state that the board’s conclusions were made upon unlawful procedure, “clearly erroneous,” and affected by error of law.
The lawsuit follows the board’s split vote on Monday, April 28 to reject the application, in a project at the heart of tensions between town officials and opponents of the effort for the past year. In a separate suit that aimed to block installation of the synthetic material based on the potential that it could contaminate town water filed by resident Robertta Lacey, Associate Justice Melissa Darigan ultimately ruled that the attorneys failed to demonstrate that chemicals from the turf would pose an imminent threat to the plaintiff’s drinking water if the project moved forward.
Darrigan also ruled however, that the athletic facility improvement project, which was already underway at the time, should have gone before the Planning Board for approval.
A combined master/preliminary application from the town submitted to planners outlined details including bleachers, lighting, a concession stand, a ticket booth, parking, restrooms, a press box and more. The town signed a contract with FieldTurf USA Inc. for installation of the turf last year, and much of the work was already complete, including excavation of the old surface at BHS’s Gledhill Field, when construction was halted by Lacey’s litigation last fall.
The Planning Board held a public hearing on the town’s application last month, and it was rejected in a 5-2 vote following a motion by Planner Bruce Ferreira, a decision hailed as a victory by turf field opponents, who have noted that the surface is known to contain PFAS or per- and polyfluoroalkyl substances. Town officials, meanwhile, have pointed to testing conducted last year that concluded that the trace amount of chemicals found in the materials do not pose a threat to public health.
According to the latest suit, the Planing Board did not make any “findings of fact” in the decision and did not state how the applicant failed to meet legally mandated standards for approval.
The “Defendants decision has prejudiced the rights of the town of Burrillville because the defendants’ findings, inferences, conclusions or decisions are… arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion,” the complaint states in part.
The Superior Court has the authority to reverse or modify a decision of a planning board if it finds that the plaintiff’s substantial rights have been prejudiced, the document notes.
“The town of Burrillville respectfully requests that this honorable court reverse the PB’s Decision and grant the town of Burrillville’s application, together with such other relief that it deems fair and just in the circumstances,” the complaint concludes.
The case, which also lists the planners individually, has yet to be assigned.
We’re suing ourselves now? This is getting out of hand.
Let’s call this what it is: a desperate, taxpayer-funded tantrum because the Planning Board refused to rubber-stamp a $5 million vanity project. The lawsuit claims the Board’s rejection was “arbitrary and capricious.” No, what’s arbitrary and capricious is bulldozing and drilling over an aquifer, ignoring your own ordinances, and then attacking the only body that had the courage to say “no.” The lawsuit accuses the Board of acting in excess of their statutory authority, but what authority did the Town Council have when it bypassed Planning in the first place? Where was the “orderly, thorough and deliberative” process then?
Residents need to see this for what it is: a coordinated campaign to silence dissent, override checks and balances, and spend unlimited public dollars to force through a project that was lawfully and decisively rejected. Shameful.
This is being pushed by the town counsel to install what the majority of the town doesn’t want. It smells like someone is going to make money off this deal which is why they are pushing so hard for it. My suspicion is Fox.
But suing the town because your group didn’t pay attention for years to the plan that the turf field complex was going to be built is not a waste of tax payer money? I love how righteous your group is about the environment as you drive around in your gas guzzling trucks with large PFAS filled tires. The hypocrisy of your group knows no bounds.
You obviously do not know the whole story because you may not know that most of the time the artificial turf project was very different and located in a different part of town. The original project cost and life expectancy are also very different now making the artificial turf also more expensive over the long term with no plans as of now how to pay for future cost including maintenance.
It’s time for a change in management in this town . there costing tax payers a lot of money for what dam grass ! this is a high school field not the NFL
This town is such a clown show. The amount of money being wasted on this debacle of a field is incredible, especially considering they have a dam right down the street that’s literally crumbling apart and the town has to take out a loan to fix it.
So they’re mad at themselves for not following protocol? They’re also mad at the fact thay when they did follow protocol it was denied, after spending X amount of dollars already? Yeesh.