Foxborough, MA - Musings From 02035

From: The Foxboro Reporter

“…The lawyer’s filing includes an affidavit of Michael G. Sites, president of the Massachusetts Association of Conservation Commission. Sites states that in his opinion the town, including the local commission, lacks the authority to allow the dog park at Cocasset River Park. …”

Interesting comment from attorney Sites, who also has years of town ConComm and land use/regulations experience. Visit Massachusetts Association of Conservation Commissions.

Makes me wonder if the original formation of Cocasset River Park (and subsequent use for almost 40 years) was contrary to the deed stipulations or any regulations then or later on. Would be nice to be able to see the deed again. Maybe a better solution or alternative would be to reclaim/recreate the original land use/restore it to what was there prior to deed transfer and then go from there or do something else such as:
- a complete long range plan for the use of the land including Open Space Surveys and planning which many communities do for smart growth initiatives and to acquire funding to procure and protect more open space and conservation land. Like the planning for the State hospital land and other places (and in most municipalities), this usually includes and requires plenty of time and comments (and comment periods) from everyone, including citizens, boards, agencies, and anyone else interested in what happens with the property in question. This often takes more than a few years to properly accomplish.
- halt everything, start from scratch
- determine if this is a change in use, who has jurisdiction over the use of the facility (and other facilities in town), and which town department is responsible for the land and facility.
- figure out potential legal liabilities of having a privately run or operated facility on public land (and that includes any public land, including CRRA, the common, lakes, and more)…indemnification?
- don’t forget that there have been much larger projects started and later stopped, even though millions of dollars and thousands of hours of effort had already been put into the projects.
- don’t detract from the use issue by denegrating either side by getting into familial, friendship, and professional relationships and ties or calling people “dog lovers” and “dog haters”.

Examples:
- Town Of Hanson Open Space Survey - “…Last Updated: 2008/2/9…
The Open Space Committee in conjunction with the Conservation Commission is conducting a survey of the Town’s Open Space needs. Attached is the survey in a downloadable PDF Format. Please download, complete and return it to the Open Space Committee. Your opinions count. Thank you for your participation. …”

- Canton’s Bridge to nowhere and Fowl Meadow area: Planned and partially built ramp near the 128/95 split; it’s now an artifact and fun birding and trail spot.

- Wetlands Restoration

Topographic Map - 7/1/1987
Aerial View - 3/29/1995

Here are a few more links and things to ponder….

• North Attleboro Small Breed Meetup
  “… Next Meetup - Saturday, May 19, 2007 @ 1:00 PM
  Foxboro Dog Park - aka Cocasset River Park
• Medway Dog Park
  Upcoming Events - 03 Sept 2007
  The following events of interest to dog owners are happening in the next few weeks:
  Saturday, Sept 8th: Foxboro Dog Park Fun Day from 10am to 2pm
  (for directions email ..”
• Cocasset River Dog Park“
  …
  Size: apx 2 acres- 3 sections- Big dog Small Dog & pond!
  Hours: 8-5
  Fenced In?: Yes
  Pet Fountains?: Yes
  Leashes Required?: No

  …View Pets…(Jamaica Plain, Taunton, Taunton, Mansfield…

  Other Parks Nearby
  Gilbert Hills State Forest…”

• Foxborough loves dogs - Topic Powered by eve community - iluvherbie821
• June 24, 2007 - Going to the dogs
• January 11, 2008 - Dog park dispute heats up in Foxboro
• February 13, 2008 - Dog park foes file lawsuit against town
• February 15, 2008 - Court takes bite out of Foxboro dog park
• February 17, 2008 - Foxboro officials forced to padlock dog park
• Foxboro Jaycees Directions - Directions to Jaycee Field in Cocasset River Park
• Directions To The RBI Academy “…- To Playing Fields:…Cocassett River Park (Foxboro)…”

Perhaps a ballot question rather than town meeting…or planning forums and input from all residents?

Dog walking business? Are these the same people who put forth the idea and are in favor of a privately run dog park on public land?

Taunton, Seekonk, Jamaica Plain, North Attleboro, Medway, Dedham, where else?

Who schedules the use of the playing fields?

Who unlocks the main entrance gates?

Do the Police patrol CRRA?

Massachusetts 4H/Dogs

If the water quality and recharge at the swimming hole is good, why didn’t we reopen the park for human swimming, picnicing, and beach and playground use??

A few questions come to mind when reading about the Cocasset River Park controversy:

• were/are there other places in town a dog park could be located? (Selectmen Sullivan stated someone told him there were three…are there any more?)
• where is such a use permitted or planned for in the town bylaws and master plan?
• why does the town need a dog park?
• why are people from out of town allowed to bring their pets here?
• we have sidewalks and yards, don’t we?
• do we have a “pooper-scooper” law on the books?
• whose jurisdiction does the land and use of it fall under and did they talk to all others and consult bulidout/masterplans before proceeding?
• why was it proposed for CRP and not somewhere else, even CRRA/Camp St. Augustine or the newer areas being developed?
• how/does this tie in to the purchase and utilization of Camp St. Augustine?
• should such a use of any town land have been put forth at a zoning board or town meeting first (changes in zoning, use)?

If I remember correctly, Cocasset River park never(?) allowed dogs and was eventually closed due to problems keeping the water quality up to standards. There was also problems with vandalism of the cement-block administration building (toilets and sinks). For years, the gates were locked and not much was done with the land.

What were our town Planners up to? They had to have known something needed to be done to the property to utilize it for townsfolks…other than use the field occassionally for soccer and baseball games. What about the playground, picnic area, beach, and pond? According to the Commonwealth, Foxborough hasn’t created a Community Development Plan pursuant to Executive Order 418 yet…even though there’s up to $30,000 and numerous guides available to help facilitate the completion of a CDP.

What options for this land parcel were put forward? It seems there are many things that can or could be done with the area. A nice interactive learning (biology, ecology, hydrology, geology, astronomy, geography, botany, etc.) area for the schools, groups, and residents? Revitalize the previous use - swimming (where people could learn how to swim, take classes, bring the kids and grandparents, etc.)? Safe boating/canoeing lessons? Campground? Fishing? Outdoor Skating Rink? Sell off? Protect the surface and ground water?

Regardless of who says what about the noise, fecal matter, smell, etc., the neighbors and abutters that were living there prior to the establisment of a dog park now have an abutting nuisance. They have every right to bring forth a lawsuit. And, volunteering on any town board means that a lawsuit might be brought against you. Happens all the time to people acting in their best judgement. But, even if you have years of service or experience, that doesn’t mean you’re always correct or fully knowledgeable about something (that includes lawyers, board members, CEO’s, residents, anyone). Yes, that’s imo and $.02.

CRP Area

Boston Globe

P.S. did you know there used to be shortcuts out of the park? Ride you bike through the sand or take a walk in the woods…you’ll see…to South Street, Mill Street…just don’t lose your tag!

Time for the Selectmen to make good on their bet.

A 580MW power plant located in Walpole, near our town line? Sen. Timilty is at tonight’s meeting….and so will all sides of the Dog Park debate.

It’s official! The Selectmen of Foxborough and the Mayor and borough Council of East Rutherford have wagered on the outcome of Superbowl XLII.

Five pizzas (or “pies” as some call the tasty food staple) from East Rutherford’s Park Tavern if the Patriots win or clam chowder (also known to many as “New England Clam Chowdah”) from Foxborough’s Lafayette House if the Giants win. Also included in the bet: Foxborough Selectmen will wear Giants hats for one entire meeting or East Rutherford’s Mayor (and staff) and Council will wear Patriots hats for a day.

The Mayor of Borough of East Rutherford, New Jersey (Mayor James L. Cassella), has challenged the Board Of Selectmen of Foxborough, Massachusetts to a bet about Superbowl XLII. He bet pizzas. Our Selectmen considered New England Clam Chowder from the Lafayette House, pizza from Foxborough House of Pizza, or food from all around town (enough for seven people). While discussing this challenge, there were many suggestions from around the Selectmen’s table tonight including the wearing of Patriots shirts while feasting on Foxborough food or Giants hats while dining on New Jersey pizza. Selectmen Sullivan will be negotiating the final bet with the Mayor tomorrow.

More items from tonight’s meeting:

• We may not be the smallest Town home to National Football League team, but may be the smallest town home to an American Football Conference team!
• During tonight’s meeting, Selectman Feeney “put on notice” the cities and mayors Of Boston and Brockton regarding their use of the term “City of Champions“….how about “Town Of Champions”, “Hometown Of Champions”, or something that reflects the small, town feeling and qualities we strive to retain and preserve?
• They are currently discussing the ‘Dog Park’… .

Help Governor Patrick give the hometown team an excellent sendoff on their trip to the Superbowl. Parking and admission to the 10:00 AM event is free. Lots open an hour before the event. Tailgating will not be permitted. (^)

For other townies who might surf on in here. Click here to vote in the poll about wind turbines!

The Board Of Selectmen have established the Renewable Energy Advisory Committee. This will be a subcommittee to explore renewable energy sources and hopefully using some of these sources in town. Selectman Feeney has noted a particular interest in wind turbines.

Some basic places and things to peruse:
MassEnergy Looking To Build Wind Turbine
“…Mass Energy will site the turbine in a community where local officials and the community are ready to embrace wind power. As a nonprofit organization, Mass Energy will ensure that the economic benefits of the turbine are shared fairly with the community. … Mass Energy is currently in the process of choosing a site in eastern Massachusetts for the wind turbine. More information on this project will be posted at www.massenergy.org. …”

Community Solar Challenge
The Community Solar Challenge 2006-2007 was a huge success with several communities earning free solar panels. The Massachusetts Technology Collaborative also matched tens of thousands of dollars back to communities across the Commonwealth for clean energy programs thanks to members of New England Wind Fund. We are working hard on the Solar Challenge for 2007-2008!

Center for Energy Efficiency and Renewable Energy (CEERE), Renewable Energy Research Laboratory (RERL), & Community Wind Fact-Sheet Series

Division of Energy Resources

MADEP: Waste & Recycling

National Renewable Energy Laboratory

Energy Kids Page

U.S. DOE Energy Efficiency and Renewable Energy (EERE)

Science Daily: Renewable Energy News

Sustainable Development

Thanks to Sen. Timilty, Rep. Barrows, Foxborough Board of Selectmen, Finance Director Randy Scollins, and the Assessor we now know some people around the state will be receiving adjusted excise tax bills for FY 2005, 2006, & 2007. Of course these are not rebates, but demands for payments within 30 days.

Shocked yet? Why is this happening? Well, according to tonight’s (11/13/07) Selectmen’s Meeting, the RMV had incorrect information and the wrong computer system and person in charge of this part of the billing process. So, now, low‘n’behold, two-plus years later, in some cases, people who thought they had paid what they ‘owed’ to the municipality by way of excise taxes now have to scrape together additional funds to cover the RMV’s ‘FU’!

Sen. Timilty is trying to get this alleviated legislatively. If that fails, could Foxborough (and other inclined municipalities) override the RMV order that has DOR approval by voting in a special order or something stating that all funds required to be collected - or that have already been received - be returned to the payee? That way, our townsfolk won’t be screwed by the ineptness of the RMV? Especially those already struggling to make ends meet or on fixed incomes. Could the Selectmen do this or would it require a vote at Town Meeting?