If you build it, they will come.  But not without a fight. The battle over Tabor Academy's unfinished athletic field resulted in a full house at the Music Hall as residents, Tabor and the town aired their concerns.

The Marion Board of Selectmen unanimously agreed to seek injunctive relief against Tabor Academy to halt the construction for the new athletic fields at Tuesday night’s meeting at the Music Hall.

Anxious residents applauded the decision made after nearly two hours of testimony from the town, administrators and Tabor Headmaster Jay Stroud. The purpose of the meeting was to field comments and feedback about the best way to handle issues happening at the field. The Board stated their goals were to work with Tabor during the injunction and to find a suitable middle ground.

Construction on the fields has been going on for nearly two months but in the last two weeks a constant push and pull between town and school has occurred.

On Thursday, June 30, a petition circulated in Marion voicing residents’ opinions on the construction. Mark Waniga, a New York resident filling in for his sister, Trina, a Marion resident, stood at the post office garnering around 100 names.

That same day, June 30, Marion Building Commissioner Scott Shippey sent the school a letter of denial for six building permits, including the construction of dugouts, a backstop and bleachers. Work was to stop by 7 p.m. that day. The school was, however, permitted to continue work on a curb at the fields due to safety reasons.

It appears that construction crews started work beyond the scope of the curb and on Monday, July 11, Shippey sent a cease-and-desist letter to Tabor. Yet again, the crews continued. According to Stroud, the State Building Code Appeals Board issued a stay on Shippey’s cease-and-desist, allowing the work to continue.

A second cease-and-desist order was sent Tuesday, but according to Shippey, work was still continuing at 4:30 p.m.

Resident Janet Barnes, a forerunner in the petitioning group, was adamant that the Board of Selectmen enforce the town’s bylaws and stop the construction.

“I implore you to respect our Building Commissioner because the bylaws are there for our safety,” she said. “I can’t envision someone going down Front Street and getting distracted by a ball.” Barnes also cited numerous findings from various studies on the harmful effects of crumb rubber, an infill material used as cushioning for Astroturf. The cryogenically frozen, recycled product from old tires has been at the front of much scrutiny on its toxicity. Residents were concerned about its potential to get into the bay. She also mentioned that none of the studies she found were held in storm surge areas.

The entire project spans 8 acres, according to documents released in a report entitled “Tabor Academy Field Project.” The report contains all permits, applications, letters and plans filed or sent during this process. Also included were studies on turf, Dover Amendment information, zoning and site plan review.

The biggest problem, however, with residents was the speed at which the project was going, even in the face of these cease-and-desist letters.

“I think they hoodwinked us,” Joann Inman said. “It could’ve been better explained. “

Mary Baldwin agreed. “This is a big deal,” she said. “It’s 8 acres. They could have done a little PR or expressed concern. That’s just being a good neighbor. It’s not unreasonable to expect Tabor to abide by the town.”

Trina Waniga mentioned her disappointment that dialogue was not started with the town before any plans went forward.

Headmaster Stroud stated he wanted to work with the town, and apologized for the lack of information. In his experience at Tabor thus far, he said there has never been a problem with the town. “I hope we can continue to be good neighbors,” he said. “But our concern is the time.  From our perspective, we felt we were doing all we needed.”

Since January, Tabor has been in the process of working with the town to complete approval on the project. Letters to abutters were sent out. Meetings with the Conservation Commission were held. Even a decade ago, the project had been considered, but even then there were many questions or issues surrounding the technology or material used.

“There have been so many health and regulation movements since then,” he explained. “I can assure you we would never do anything harmful to the kids. We honestly thought we did all we needed to.”

Yet what remained unclear is whether the construction would continue after this injunction is filed. Stroud stated earlier in the meeting that he could not officially comment on certain matters without representation. He also could not comment on the specific method used for installing the turf.

“I want to compromise on anything we can,” Stroud added. “I’ll take the backstop out. We have to get the fields built. If we don’t, we’re in real trouble.”

Tabor’s deadline for the project is August 24. After Conservation Commission meetings, Stroud added, it has been made clear that once the project starts, it needs to be finished.

Resident Gwen Silvia said, “I’ve heard so many things, and I think tabor has been a good neighbor. We should do what is best for the town. I don’t want to see legal problems where the fields look like they do today a year from now.”

During this time of injunctive relief the Board will also seek plans to initiate a peer review of the plans.

“If we can work together,” Stroud said, “we need to keep moving forward. I would be happy to cooperate in any way. We must move forward.”