Court extends restraining order on
Burrillville turf field
BURRILLVILLE – Plans to install a synthetic turf field at Burrillville High School will not move forward until at least November or later following a decision in Rhode Island Superior Court this week to extend a restraining order on the project.
The decision, issued from the bench by Associate Justice Melissa Darigan, extends a move by Superior Court Justice Jeffrey Lanphear earlier this month to put the project on hold until arguments in a case against the town could be heard. Represented by Attorneys Michelle Hawes and Marisa Desautel of Desautel Browning Law, Burrillville resident Roberta Lacey has charged that the field contains chemicals that have the potential to contaminate the town water supply and that the project should have required Zoning Board approval.
A project many years in the making, the effort to install the new field was already underway in May when Lacey first raised concerns about PFAS, or per- and polyfluoroalkyl substances, known as “forever chemicals,” to town councilors and others working on the initiative. The town has since ordered additional testing of the materials set to be provided by contractor FieldTurf, which showed only trace chemicals in the proposed field, and concluded the installation posed no threat to human health.
But Lacey and other opponents have questioned the adequacy of testing methods, and laid out concerns and objections at several recent public meetings.
Town officials have made no changes to plans for the project, which includes upgrades to lighting, an ADA-accessible viewing plaza, a six-foot-wide walking path and an already installed 1,000-seat grandstand. On Thursday, Oct. 4, the town sent notification to the court that installation of the field itself was set to begin on Monday, Oct. 7.
Lacey filed for a temporary restraining order in reaction to the 72-hour notice, which was later granted.
Currently, at the East Avenue school, new amenities and stationary construction equipment surround a dirt lot already prepped for the synthetic turf. Asked this week if the halted construction project posed a problem to regular school activities, Supt. Michael Sollitto said there were no interruptions expected.
“All athletic games and practices for the fall and spring seasons have been scheduled at other fields,” Sollitto said. “Winter events are indoors so there is no impact on those either.”
On Tuesday, Oct. 15, the parties appeared before Darigan, who extended the preliminary injunction to Tuesday, Nov. 26. Attorney Anthony DeSisto of Providence-based DeSisto Associates appeared on behalf of the defendants, which now include the town itself along with FieldTurf; members of the town council; members of the zoning board; Town Manager Michael Wood; Finance Director Leslie McGovern; and Zoning Official Steven Detonnancourt.
Desaultel Browning Law made a statement on the decision to extend the order, posted on a website run by opponents of the project.
“This case is entering a new phase where public servants are being held to a standard of listening to the residents of Burrillville. There is no room to ignore scientifically supported evidence of harm to future generations,” the attorneys note. “Municipalities cannot circumvent their own comprehensive plan or permitting process.”
A town-run page dedicated to information about the project also noted the ongoing litigation.
“The town did not initiate this action, but it is our responsibility to protect the interests of the entire community, not continuously respond to a moving target of topics and only to those who have a stated goal to stop the artificial field project,” it notes. “The town has spent tens of thousands of dollars addressing the issues raised and now defending the lawsuits. We have to prioritize our time and expenses, which are both considerable. In order to properly defend against the lawsuit, we will not be posting new content to the web page.”
SOURCE: https://www.nrinow.news/2024/10/16/court-extends-restraining-order-on-burrillville-turf-field/
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