In the wake of last week's tense Zoning Board of Appeals meeting over the proposed 90-foot lighting towers at Tabor Academy's new athletic field, Headmaster Jay Stroud offered Sippican Week, in an email to Editor Matt Camara, a defense of himself and Tabor's project.

The following is the text of Stroud's email:

Matt,

During the July 12 meeting called by the Marion Selectmen, the question on the table was the Selectmen's decision on whether or not they would take further legal action in their attempt to close Tabor's field construction project.  Their remedy at that time was filing an appeal in Land Court.  Our interest was - and remains - completing a project which, in our view, has been properly approved.

In an attempt to find a middle ground, I suggested to the Selectmen during my public remarks at the July 12 meeting that we could, for the present, live without any of the construction - lights, dugouts, scoreboard - IF we could be allowed to properly open our school with completed fields. That was the equation.  I did not suggest this separation as anything other than an attempt at compromise that would allow the town a middle ground not to take legal action against the field component AT THAT TIME and to put the structures into a LATER phase of discussion and, we intended, subsequent approval. I was hoping to avoid a legal confrontation. In fact, I called the town administrator the following day, July 13, to be sure that he and the selectmen understood that my statements were meant to offer the town a compromise for their reflection and that they were not interpreted as taking these components off the table. He responded that, from his perspective, that intent was clear. He also responded that he believed the Selectmen understood this as well.  As my remarks were made to the Selectmen as grounds for a compromise, they were never intended for any other purpose than the compromise proposed. Tabor's attorney, Mark Bobrowski, correctly summarized this situation when asked about it after the ZBA meeting.

The result of the July 12 meeting, as you know, was that the Selectmen rejected this or any other compromise and voted to appeal for a temporary restraining order to halt the entire project.  The land court judge rejected the town's appeal for the "TRO" and allowed the fields to be completed.  He did not rule on the site plan review and suggested that the town and Tabor reach a stipulation about completion of the other aspects of the project.

The meeting of the ZBA this week - which followed the meeting several weeks previously - was intended, as I understand it, for the ZBA to decide whether or not they would allow the Building Commissioner to issue a building permit for the construction of the lights. As you know, they did not reach a decision on this.  Apparently they would like further time to decide.

Prior to the meeting this week, I had never had a conversation with anyone on the ZBA about the July 12 meeting nor had I ever suggested to anyone on the ZBA or to anyone else that Tabor was interested in pursuing the compromise the town rejected. Further, my remarks were never intended to take these aspects of the project permanently off the table but only as a possible way through the then situation.  I did confirm the clear intent of my remarks at the July 12 meeting with the town administrator but I did not confirm the nature of my remarks with anyone on the ZBA as they were not made to the ZBA and were not intended for further contemplation once the town took legal action against the school. I admit I am at a bit of a loss to know how folks can comment on remarks taken out of context for an entirely different purpose.

At the ZBA meeting, my comment about the lights, etc., was taken out of the context in which it was made and turned to a purpose for which it was never intended.  We do need, I would hope sooner rather than later, to arrive at a conclusion on the merits of this situation.

Sincerely,

Jay S. Stroud

Headmaster

Tabor Academy