Foxborough Commuter Rail Plan Discussed; Public Drunkenness By-law Rejected

The Foxborough selectmen have chosen not to pursue an appeal for their public drunkenness by-law after the attorney general shot it down, stating that it conflicted with a 1971 state law decriminalizing

In a statement to the attorney general’s office, chairman of the board of selectmen Larry Harrington wrote, “Foxborough accounts for 6 percent of all alcohol arrests in the Commonwealth. None of the steps taken to date have reduced the problem and we have already seen the loss of lives from this abuse."

Police Chief Edward O’Leary said at Tuesday’s selectmen’s meeting that 500 people were taken into protective custody at the recent Kenny Chesney concert at Gillette Stadium.

The proposed by-law was to “require a person NOT only be intoxicated, but more importantly be in or display a state of intoxication or drunkenness to the degree that he/she poses a danger to themselves or to others, poses a danger to property, or presents a clear imminent likelihood of criminal conduct,” wrote Harrington.

He also wrote, “The purpose is to create a fine ($200) that acts as a deterrent to future behavior by that person and to discourage others from such irresponsible drinking."

At Tuesday night’s selectmen’s meeting, Harrington said the officials at the attorney general’s office were very understanding.  He said one lawyer stated that a family member of hers had been killed by a drunk driver and if anyone would be sympathetic she would, but they had spoken to many lawyers and there is no way they could approve it.  Harrington noted the attorney general’s office did give town counsel advice on how they could change the by-law in a way that it would be approved.

Harrington added that town counsel advised that an appeal could cost anywhere from $11,000 to a potential $20,000.

Selectmen Lorraine Brue supported the idea of an appeal of the rejection.  She believed selectmen should not vote until they discussed the possibility of appeal with town counsel in executive session. 

The selectmen voted 4 to 1 to not pursue an appeal with Brue voting against.

Also at Tuesday’s selectmen’s meeting, Planning Board Chairman Kevin Weinfeld and Vice Chairman Bill Grieder reported on a mysterious report that surfaced at town hall in September that promotes bringing the commuter rail to Foxborough.

Grieder said their initial investigation found that the report was not on the MBTA website and they said they knew nothing about it. They were wondering if it was coming from the Kraft Corporation or Trump Enterprises.  Soon they discovered the name of a law firm called Mirick O’Connell in Worcester on the report.  They called the law firm and they confessed to commissioning the report to promote their new branch in Westborough. 

Grieder added that they held a meeting with businessmen in the area of Route 495.

“They acknowledge there was no communication with municipalities affected by it,” in writing the report, said Grieder. 

The lawfirm did inform them that they did this to get the MBTA interested in the project once more. 

“It didn’t include mitigation costs,” noted Grieder. “Walpole will take the brunt of it. The commuter rail will connect Worcester to Foxborough through Millis." 

Harrington said the MBTA concluded an official study in 2010 that can be found on their website and told Foxborough officials that the likelihood of that project moving forward was remote. 

“This has the potential of really changing the town,” said Grieder.   

The Foxborough Planning Board held a meeting on this issue on Oct. 13.  Weinfeld said it was almost all Walpole residents and a few Walpole officials packing the room.  

Paicos said he would review the report with the town planner and provide input on it.