NEWTURF founders celebrate opening day

Turf war settled at Newton South
By Dan Atkinson / Staff Writer
Wicked Local Newton
Posted Oct 21, 2009 @ 02:24 PM

Newton —

The turf war is over.

On Tuesday, the city signed an agreement with Guive Mirfendereski, the leader of a lawsuit against an artificial turf field at Newton South High School , which will allow the field to be finished. Ted Tye, who founded the advocacy group NewTurf to create the fields at South, said the two parties signed the agreement at City Hall.

Mirfendereski and 13 other residents had challenged a permit issued by the city’s Conservation Commission to allow construction of an artificial turf field near wetlands at south. When the state Department of Environmental Protection upheld that permit, the residents challenged the state’s ruling.

The DEP was scheduled to make a decision on that appeal by next week, and Tye said the presiding judge still has to agree to accept Mirfendereski’s withdrawal. But although the parties have reached an agreement, the damage is still done, Tye said.

“Unfortunately, by appealing [the decision] it created a whole other group of problems,” he said.

Mirfendereski could not be reached for comment.

While Mirfendereski was appealing the ruling, the city could not complete any construction within 100 feet of wetlands on the property. That meant part of the track and a slice of the new turf soccer field remained uncompleted. Because the contractor now has to come back to the site and redo part of the field, Tye estimated the city would have to pay an additional $200,000.

And even more costly is lost time, Tye said. The city will have to scramble to complete as much work as possible in the fall and then start up again in the spring in order for the fields to be ready for spring sports teams.

“My only goal is for the track team to have a home meet by the end of the year,” Tye said.

As part of the agreement, Tye said, the city will have to inspect the trench drains and catch basins on the field every six months to see if rubber granules from the synthetic turf are leaking into the drainage system. The city has to perform similar tests on the screening that covers the fence surrounding the site, and annually test the turf for lead for five years.

Tye said the new testing arrangements were not markedly different from ones already in place.

“In the end, I don’t think [Mirfendereski] got very much,” he said.

Latest Status Update

On December 15, 2008, the Newton Board of Aldermen voted to fund the Newton South fields project. The project includes two synthetic turf fields, two grass fields and a new track. Because a portion of the existing football field area is within the buffer zone adjacent to a wetland area, an Order of Conditions was required from the Newton Conservation Commission before work could begin. This Order was issued by the Commission in February, 2009 and appealed by a group opposed to synthetic turf. A decision on the appeal, called a Superseding Order of Conditions (SOC), was issued by the Massachusetts Department of Environmental Protection in early June, 2009.  The decision upheld the Newton Conservation Commission and allowed work to proceed.  However, on June 18, 2009 the SOC was appealed by the same group.  A hearing will be held on this second appeal before an administrative judge, most likely before the end of 2009. Construction on the project is currently underway, although a portion of the project will be delayed because work cannot proceed within the 40’ strip of land on the existing football field until the latest appeal has been resolved.

See below for an update taken from an e-mail sent to NEWTURF supporters:

First the good news: Mayor Cohen has authorized the start of construction on the fields. The contractor is busy fencing the site, demolishing existing improvements and removing almost 10,000 yards of soil material. Work is also beginning on the new drainage system and preparation for a new sub base below the new fields. The plan is to have the two synthetic turf fields and the track available for play in September, 2009. The grass soccer field may be available later in the fall and the new grass baseball field would be available in the spring, 2010 so that the natural turf can have a growing season.

Now the bad news: Those of you who attended one or more of our 40+ public hearings probably saw Guive Mirfendereski in action. He has opposed the synthetic turf fields at every step and has organized a group of citizens (see list below), many his neighbors from the North side of Newton but also including a few abutters, to appeal the permit issued by the Newton Conservation Commission. The Conservation Commission’s jurisdiction extends to a strip of land along the edge of the existing football field that is about 45’ wide. The practical effect of Mr. Mirfendereski’s appeal is to stop work on the track and synthetic turf field that is going in the existing football field area. If you look at the field, you will see that the contractor has set up a row of hay bales marking the buffer zone from the wetlands that cannot be crossed until the appeal is resolved. The Massachusetts Department of Environmental Protection has heard the appeal and has issued a Superseding Order of Conditions upholding the decision of the Newton Conservation Commission.  Mr. Mirfendereski and his group of supporters (listed below) have appealed DEP’s decision which will cause a continued delay for a portion of the project.

Mr. Mirfendereski, who is also running for alderman, has opposed synthetic turf and the rubber crumb infill in many communities in Massachusetts and around the country. The US Consumer Product Safety Commission and the US Environmental Protection Agency have previously issued statements indicating that they type of fields to be installed at South are safe. A large portion of the appeal is based upon the assertion that crumb rubber is not safe for the environment. The New York State Department of Environmental Conservation, together with the NYS Department of Health, recently announced the publication of its study that provides compelling evidence that crumb rubber does not pose a risk to human health or the environment (available here).

The likely unfortunate result of the actions of the residents listed below will be that Newton will not have the use of the track for at least a year. Newton South has one of the top track teams in the country, and they will have to be bussed out of town to practice.  Oak Hill and Brown Middle Schools will also be without a track as will many Newton recreational runners.  With Newton North construction underway, there will be no track in the City. The City will incur substantial additional costs due to a need to phase portions of the project. We are very confident that the City will ultimately prevail, but it looks like there is a good chance that everyone will lose in the short term.

Recently released information:

• Limited EPA Study Finds Low Level of Concern in Samples of Recycled Tires from Ballfield and Playground Surfaces
• California Office of Environmental Health Hazard Assessment Review Verifies Safety of Synthetic Turf
• Debunking Myths About Synthetic Turf
• State of New York Study on Rubber Crumb Infill
• US Consumer Product Safety Commission
• Milone & MacBroom Study

The Truth on Ten Myths About Synthetic Turf:

If you listen to a few people in Newton who love to spread misinformation, you will get some greatly distorted facts about infilled synthetic turf.  Here’s the truth:

1. Turf has minimal visual impact – it looks like natural grass.
2. Turf provides many more opportunities for play than grass.
3. Turf is far less expensive to maintain than grass.
4. Turf is safer to play on than typically maintained Newton grass playing fields.
5. Turf is environmentally friendly and requires no chemicals, painting and watering.
6. Turf eliminates threat from children playing in goose and dog feces -- while providing no health threats.
7. Turf fields are not harmful to children according to the Consumer Product Safety Commission.
8. Turf is fully pervious allowing groundwater to recharge.
9. Turf does not contribute to global warming.
10. Turf will not cause Newton to be attacked by aliens from another planet!

READ THE TOWN OF CONCORD’S RESPONSE TO THE MYTHS PERPETUATED BY A WEBSITE IN NEWTON