Possible legal action pending

By Adam Voiland '01

In an effort to stop construction of a new tennis complex on the lower level, Old Deerfield resident David Keith is prepared to take legal action against the academy. Keith opposes construction of the complex, which will fall into what is essentially his back yard. The land where the 43,750- square foot structure will stand abuts land donated to Mr. Boyden years ago by Keith's grandfather, under what Keith described as "the understanding that it would be used as a playing field." Now the academy plans to turn that land into a gravel parking lot-something Keith finds unacceptable.

"With a forty-foot high tennis building and the parking lot, we will now have a view comparable to a strip mall," he wrote in a letter addressed to the trustees.

"Perhaps, there are ways we can work together," he said later in a telephone interview, "but, otherwise, perhaps, I can win some litigation."

David Keith's letter to the Board of Trustees....

I am in receipt of a notice of intent by Deerfield Academy to build a gravel parking lot, to build a foundation for a 350' long, 40' high building to house six tennis courts, and to rehabilitate the south fields of the campus.

I write this letter in full understanding that it may be easily dismissed as the whining of a "NIMBY' for that is part of my message, not-in-my-back-yard. You may also dismiss what follows as naïve or quaint. Nevertheless, I am appealing to you to honor your mission statement: "In all facets of school life Deerfield strives to teach that honesty, tolerance, compassion and responsibility are essential to the well-being of the individual, the school and society."

I am, in other words, asking Deerfield Academy to be worthy of its heritage. Even as I write, the words sound old-fashioned. They are the kinds of words my grandparents believed in, the ideas your school helped inculcate in my father. Acting on their belief, both those generations answered Academy requests for land. My family knew Frank Boyden was sharp, but honest. My grandparents gave the school a portion of land between the east bank or the lower level and the tennis courts with the understanding that it would be used as a playing field. They took a handshake as deed restriction enough.

At the death of my grandmother, the Academy expressed to my father a desire to build a garage for the house next door to her house. For a dollar, he allowed the Academy to "straighten out" a 50' jig in the property line. He was rewarded with not only a garage for the house next door, but with an industrial garage for the school's heavy equipment. Now the school proposes to turn the land my grandparents donated into a gravel parking lot behind the new tennis court roof. With a forty-foot high tennis building and the parking lot, we will now have a view comparable to a strip mall. Of course my grandparents would never have given the land if they thought it would become a parking lot, but that is all history. I am appealing to you to consider whether the ideas of heritage and honesty and honor are also history.

My father was misled about the purpose for adjusting his property line. I was misled earlier this year when I asked what to expect this coming summer in the fields behind my home. As the trees from around the courts were burned, I was told only that the courts would be rebuilt. There was no mention of a building or a gravel parking area. Even now the official notice of intent regarding the actions does not mention the roof for the tennis courts, a building that may become one of the largest single structures in Old Deerfield.

Any student of land use learns that there are two approaches to "locally unwanted land uses" (LULU's). The more expensive, tedious, and honorable one is to work with the affected parties to try to achieve some sort of agreement on the need for the action. The other approach is to get the bulldozers in before opposition can organize. Clearly you have chosen the latter.

I will be doing my best to oppose the proposed actions. I intend to seek recourse from this nuisance. Nevertheless, I am asking you to consider carefully a decision: either deal honorably with your neighbors or change the school's curricula If you ultimately believe that power is all that matters, then don't saddle your students with lessons and hollow logos about heritage and worthiness. It will only encumber their access to power.

As I said, you may regard this letter a quaint bleat, but it is written out of hope that the old ideals are not entirely dead. I suppose that leaves it to you to prove my hope either foolishness or a deserve compliment to you. Please reconsider these plans. I look forward to hearing from you.

Sincerely,

David Gilbert Keith

The proposed tennis complex will house six indoor tennis courts on the southeastern edge of the Lower Level. At 43,750 square feet, the new center will be approximately the size of the current hockey rink and reach 40' at its highest point.