Tabor Academy’s already-beleaguered field construction project was given another cease- and-desist order July 19.

Karen A. Walega, Health Director for the Marion Board of Health, ordered Tabor Academy, its contractors, subcontractors and agents to immediately stop all construction activities at the recreation fields facing Spring and Front streets on the basis that Tabor has not complied with storm water and drainage codes.  According to Town Administrator Paul Dawson, Tabor did not comply with the new cease and desist order.

"We have, now, a 'cease and desist until the project is in compliance' for the Board of Health. That is the wording," said Tabor Headmaster Jay Stroud.  "As we are, from our engineering tests, completely in compliance, we do not take the wording of this document as a directive to stop."

According to Stroud, Tabor has not received anything from the Board of Health explaining the terms of noncompliance or pointing out codes the school has violated. The Board of Health, according to Stroud, has not shown Tabor any data or testing that would explain the school's violations either.

"We, on the other hand, have extensive engineering data and our view of compliance is based on the facts of the situation," said Stroud.

Tabor was ordered to cease-and-desist once before on July 12, an order they received a stay from the Massachusetts Land Court until the court could hear their appeal. The court ruled on July 14 that work on the turf could proceed but work on the dugouts, bleachers, backstop and lights must cease.

“Rather than issue an injunction they ordered a stipulation in lieu of an injunction,” said Dawson.  A stipulation in lieu of injunction means that both parties will be expected to come to a mutual agreement rather than needing an injunction from the court.

The court did not conclude that the project was exempt from the site plan review process, as Tabor has asserted.  The town's position remained that Marion's site plan review bylaw is applicable to Tabor's proposed project.

Since then, work on the athletic fields has progressed at full speed, even on weekends.

“We have to finish the fields prior to the opening of school on September 1,” said Tabor Headmaster Jay Stroud in an email.  The hurry to finish the construction has further angered abutters like Janet Barnes.

“Everyone’s trying to be a good neighbor,” said Barnes at the July 19 Marion Board of Selectman’s Meeting.  “Nobody wants to be anti-Tabor.”

“We built a similar field on Belleville Avenue in New Bedford,” said Mark White of construction firm D.W. White, an Acushnet-based company responsible for installing the base of the field among other things.  “The residents are ecstatic about our field there and it’s right near the water as well.”

Tabor filed appeals against Marion Building Commissioner Scott Shippey’s June 30 requirement for site plan approval, his July 11 order to stop placing matting and bluestone on the field and his July 12 requirement for site plan approval. Tabor has not filed appeals for the denied permits for the dugouts, backstop and curb, the deadline for which, is July 30.

“The bleacher and dugout requests had design errors,” said Mark Bobrowski, Tabor’s counsel. “These have been or will be corrected. Tabor has not yet decided whether and when to submit new permit applications for these items.”

On July 12, the Board of Selectmen approved a motion to file a restraining order against Tabor Academy in order to discuss a solution regarding the construction’s impact.

“Look, nobody in the business of doing business is going to do something that could impact and harm children,” said White, whose children attend Tabor. “Any industry that did would be shut down.”

The Zoning Board of Appeals will hold a continued hearing on Tabor's proposal for 90-foot light towers on July 28.

The Zoning Board of Appeals will also hold a public hearing September 15 to hear Tabor’s appeal against Shippey’s June 30 and July 12 orders to obtain site plan approval and July 11 order to stop placing matting and bluestone on the field.