Environment

Pawtucket City Council discusses Morley Field sale as legal issues are raised

Community push back and legal issues are preventing the City of Pawtucket from paving over the only greenspace in an environmental justice community, for now…

Rhode Island News: Pawtucket City Council discusses Morley Field sale as legal issues are raised

September 21, 2022, 10:02 am

By Steve Ahlquist and Ben Evans

Pawtucket City Councilmember Clovis Gregor‘s request to hold a special council meeting to discuss Morley Field resulted in a contentious meeting Monday night. At issue is Morley Field, the only greenspace in Pawtucket District 5, the Woodlawn neighborhood, which the city council voted to sell to a developer for use as a parking lot. The plan to turn Morley Field into a parking lot is considered to be an example of environmental racism by environmental advocates.

[The Pawtucket City Council is meeting on Wednesday, September 21 at 7pm to discuss the purchase of property, outside District 5, to replace Morley Field.]

The Woodlawn neighborhood (which is just north of Providence, along I-95, west of Pawtucket Ave.) is approximately 74% people of color with 59% of people living at or below the poverty rate, and 29% are children. Woodlawn is a working class neighborhood where most people live in triple deckers or multifamily units, often with no backyard.

The last hour of the special council meeting was concerned with a discussion between City Councilmembers, Director of Planning and Redevelopment Bianca Policastro, and City Solicitor Frank Milos, Jr.

In summary, the discussion concerned the legality of selling Morley Field to a developer to be turned into a parking lot. There are two major issues:

  1. Finding an alternative location for greenspace within District 5 to replace Morley Field were it to be sold and paved over.
  2. Determining whether the sale of Morley Field, which is comprised of two separate lots, is actually legal.

Morley Field is comprised of two lots, #291 and #309. Each was acquired differently by the city, and the sale of each is governed under separate state and federal statutes.

Lot #291 was a gift to the City of Pawtucket from William Morley for the expressed purpose of becoming a field for exercise and sports. Under Rhode Island General Laws § 45-2-6, the sale of such donated land is illegal without special permission of the Rhode Island General Assembly or perhaps a “quiet title action” in Superior Court. Lot #291 is also subject to the same restrictions as Lot #309, outlined below.

Lots #309 and #291 were made into a public park in part using funds from the National Parks Service (NPS). In order to sell the land, the National Parks Service, acting on recommendations from the Rhode Island Department of Environmental Management (DEM), would have to approve the plan. To get approval, Pawtucket would have to secure another plot of land for use as a recreational area that was at least as good as the original.

According to Director Policastro, no such property, to replace Morley Field, can be found in District 5, so the plan to acquire property in a more affluent, whiter neighborhood was hatched. Most people think that that option will not satisfy the DEM because of the environmental justice implications.

Back in August, the Pawtucket City Council unanimously voted to authorize the sale of Morley Field to a developer to be turned into a parking lot. Councilmember Clovis Gregor, who represents District 5, now says that the sale was presented to the City Council under what amounts to false pretenses. City Solicitor Milos contends that he presented the city council with the best advice he had at the time.l

In sometimes impassioned speech, Councilmember Gregor argued that the vote of the City Council is invalid, because the council had no right to sell lot #291 under law. “We [the city council] operated under the assumption that there were no vital issues, no statutory preemptions, preventing the council from exercising our authority to sell land, particularly Morley Field,” said Councilmember Gregor. “That information was not provided to us. This contract, as far as I am concerned, is void.”

City Solicitor Milos countered that the vote was valid as regards Lot #309, admitting that the legal department was wrong regarding the legality of selling Lot #291.

The rules prevented Councilmember Gregor from making any motions at this special hearing, so the Pawtucket City Council did not resolve any of the issues at play here. Instead, the city is exploring the idea of asking the General Assembly for permission to sell Lot #291 and is proceeding with the exploration of presenting a plan to DEM and NPS regarding Lot #309.

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Below is all the public comment provided at the special hearing of the Pawtucket City Council:

“The lack of greenspace has tremendous detrimental impacts on communities,” said David Veliz, the Director of the Rhode Island Interfaith Coalition to Reduce Poverty representing the Rhode Island Sierra Club. “Greenspace is a necessary part of mental and emotional wellness for a community.”

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“This is a place that provides the only public access to the Moshassuck River throughout the entire length of Pawtucket,” said Greg Gerritt, watershed steward for the Moshassuck River. “We look at this as an environmental justice issue. How can you take the only park, the only greenspace in a neighborhood like that, and give it away?

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“The proposed replacement site is over a mile away from Morley Field, and not in the same district,” said Daniel Croia of Sunrise RI. “It is in a more affluent, statistically whiter neighborhood, and this is an environmental justice issue.

“Woodlawn is approximately 74% people of color, with 59% of the people living at or below the poverty rate, and 29% of the residents are children. Many families live in triple decker or multifamily units with no backyard. The Woodlawn neighborhood needs this greenspace for these families.”

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Pawtucket resident Barbara Fleury spoke in opposition to the plan.

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“We know that the developer’s original proposal did not include this parking lot, that was something that was added on later,” said Devon Pinkus from Sunrise RI. “With that in mind, this is just a cash grab. The developer wants to extract wealth out of the community… I would urge the council to please stand with the community instead of handing Morley Field over on a silver platter to a developer.”

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“I hope the city will reconsider and revise its own rules about notifying stakeholders and residents about development and proposed changes that affect them.,” said Representative-elect Jennifer Stewart (Democrat, District 59, Pawtucket). “The current requirements, that focus on property owners within a very narrow area is insufficient to let those who use the field and those whose quality of life would be affected to know about it, have an opportunity to digest it, and take action they would like to take about it.”

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“Someone mentioned the word extractive and that’s exactly what this project is,” said Providence resident Bradley Van Der Stad. “This is a project that works against all that I’ve been working to do to improve my neighborhood…

“Pawtucket’s a beautiful city. It doesn’t need to settle for the dirtiest of economic development. It’s experiencing a beautiful renaissance, and I think there are better economic developments to be had.”

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“If you remove Morley Field and develop it you are going to activate a series of harms among young people that reside in Woodlawn, as well as in the larger community,” said Bryce DuBois, an Environmental Psychologist in Providence. “We know there are physical, mental and youth development benefits of nearby green nature, and a ten minute walk is a key metric. If you take this park away the Woodlawn neighborhood will no longer have the [potential] benefits of this park. You will be actively producing harm.

“It’s not that you’re being neutral here. You’re actively engaging in a process of harm by removing this park.”

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“I feel that this is a test of your leadership. What do you want your legacy to be?” asked former Pawtucket resident Everett Pope, who now lives in South Providence. “Do you guys want to sell plots of land for menial gain or do you want to deeply impact the community?”

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John Santos, who was born and raised in Woodlawn and used Morley Field as a child, reflected on the loss of the Newell Street Playground the only other greenspace in District 5.

“You get rid of that field, where do kids go?” asked Santos. “Where do they go?”

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“This sale raises environmental justice concerns,” said Meg Curran, Senior Attorney for the CLF (Conservation Law Foundation). “It also raises some serious legal questions. I believe that both of the lots that comprise Morley Field have issues about being sold. One of them, by state law, cannot be sold. The other one, which was purchased in part with funds from the National Parks Service requires a procedure before it is possible to get permission to sell that and have it made into a parking lot.”

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“I’m here in strong opposition to the sale of Morley Field and I urge this council to reject the proposal,” said Representative-Elect Cherie Cruz (Democrat, District 58, Pawtucket). “Particularly in a community where our youth need more greenspace for positive youth development, but particularly in Woodlawn which has long been forgotten and neglected for far too long. So today’s the day that this council can make a difference and start to change the trend here in Woodlawn, that downward trend of neglect and environmental racism and hopefully make the right decision and invest in the Woodlawn community.”

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Pawtucket resident Christine Bento thanked Pawtucket City Councilmembers Clovis Gregor and Melissa DaRosa for their advocacy on Morley Field, noting that both councilmember are Cape Verdean in the process.

“The racial divide in this city is so often reflected in this council, its chambers, and this building that we stand in today,” said Bento. “Everyone on this council ran using the words change but the reality is actual change makes the majority of this council extremely uncomfortable. Even the words ‘racial divide’ makes most of you cringe because it’s so ugly you’s rather not face it…

“You have Slater Park on your side of the city. Let our side of the city keep Morley Field. Our taxes are used to keep your children off the streets on your side of the city, Mr. Councilman, Mr. President, so let your taxes keep our children safe and keep something on our side of the city too.”

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“Most recently, and this has been a big shock to me: Since the fence has gone up there there’s actually a group of women who are doing Crossfit in the street because they have no place else to go,” said Forrest Synder, who works by the field and spends a lot of time there. “They’re exercising with yoga mats and other equipment in the street because they cannot find another venue and up until this time were using Morley Field.

“That’s just unconscionable to me,” continued Snyder. “My observation is that Morley Field is heavily used and is a vital asset to this community… I look forward to the day when Molly Field is , the toxic waste is remediated and it’s open once again to th citizens and residents…”

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Before the start of the in person testimony, the Pawtucket City Council heard testimony from people over Zoom.

“I’m here to state my opinion against Morley Field becoming a parking lot,” said Tim Riker, a resident of Pawtucket District 4, via Zoom.

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Lisa Beade, testifying via Zoom, was opposed to the plan to sell Morley Field and create a parking lot.

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“This neighborhood deserves its own greenspace and to take it away without providing an adequate replacement within the actual ward is indefensible,” said Lily Matthews, a resident of Pawtucket Ward 5, via Zoom.

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Nate Callahan expressed opposition to the plan via Zoom

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“A large minority community lives in that area,” noted Pawtucket resident Tarshire Battle. “The fact of the matter is that they’re suffering from environmental pollution as it is and now, to take away the greenspace is unmanageable.”

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“If every city and town that is faced with a difficult choice like this, decided to save their greenspace, think about the positive environmental impact that would have,” said Pawtucket resident Thomas Admon. “Conversely, if everyone chose to pave over our shrinking greenspaces, it’s clear that our current climate crisis would be worse.”

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“Morley Field … is the only greenspace in that neighborhood for kids to go to,” said Pawtucket resident Darius Schusade, who once coached kids at Morley Field. “If anything I would think we need to help improve that greenspace rather than taking it away.”

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See also:

Special thanks to Ben Evans for helping with the camera while Uprise RI covered the trans community protest in Cranston.