FOXBOROUGH - Based on complaints by neighbors, the Foxborough Dog Park on Mill Street should probably be closed until it can be given a second look, a selectman said last week.
James Thrasher, selectmen chairman, made the remarks in an interview following news that some of the park's closest neighbors are considering a lawsuit, saying their continued complaints about noise, smell, and lack of oversight have fallen on deaf ears.
"I don't think it's right when a neighborhood is negatively impacted by a town function or facility without a clear underpinning," Thrasher said. "The most reasonable place to go from here is that the dog park, as constituted, should be closed. Then we can look at where a park could be created, what is a reasonable fee, how many dogs there can be, and in what zone."
Thrasher acknowledged that park cofounders Debbie Cunniff and Heather Harding worked hard to get clearance from the Conservation Commission to use the site at the Cocasset River recreation area in 2006. But he questioned a legal opinion by a town attorney that the park can be considered passive recreation and could be allowed by conservation officials, who have authority over its use.
That opinion, by attorney Paul Fitzgerald, isn't supported by any case law, said Thrasher, who is also a lawyer.
Donald Baker of Milton Street has opposed the dog park concept since it was proposed. He and other neighbors, who have said they are now beyond patience, have consulted a lawyer.
"A year ago we voiced our concern and objections," said Baker. "If you want to live next to a kennel, you buy next to a kennel."
Baker said that he loves dogs, and owns one, but that he shouldn't have to deal with constant barking and the accompanying mess and smell of solid waste. "It's a nuisance," Baker said. "I wouldn't object to a dog park. But not adjacent to a neighborhood."
Thrasher said selectmen were dealing with a number of major issues last year - including Patriot Place, a mall on Route 1, town sewer concerns, and the preparation for town meetings in May and June, when the park's opening passed their notice.
"We were not aware it was in operation and having a detrimental effect on the neighborhood," he said. "This should go to Town Meeting because the Board of Selectmen ultimately has to bear responsibility."
He said he hoped to resolve the issue during winter, "short of a neighbor filing a lawsuit."
Thrasher said recent visits to the dog park revealed significant solid waste in the snow and considerable barking on at least one of the occasions.
Cunniff and Harding said they were surprised by the complaints about the park, which supports itself through user donations and volunteer labor. The women have installed and repaired fences, placed picnic tables and revamped swings for kids, and instituted a pickup and disposal system for dog waste that they said is respected by all park users.
They said they ran with the dog park idea after realizing that signs at almost every public space in town ban dogs, leaving many people with nowhere to enjoy outside time with their pets.
"This was started with a legal opinion and in our opinion, nothing has changed," said Harding, noting that Foxborough's dog park is one of 27 in the state and three others under development, one in Norfolk and two in Attleboro. "We have a lot of people who are thrilled at this use. I can absolutely understand neighbors being upset, being next to conservation land, but they don't own it."
"We've had no issues at the park. No complaints," she went on, as Cunniff agreed. "We're not generating any controversy. We've tried to take the high road and address every issue. And we have. You can't just not do something because one person doesn't want it. We feel we've gone above and beyond."
"We just want to be part of our community," Cunniff added.
Thrasher said selectmen are awaiting further clarifications from the town attorney's office before deciding what action to take.
