Subdivision Gets Second Look due to Lawsuit

Dover, MAA few months ago, a group of residents in Dover thought they had found the perfect solution to prevent a large development project from taking place within their peaceful community on Colonial Road. However, what they learned was that reaching such a solution was not going to be as easy as they thought.

The group, Friends of Colonial Road, obtained approval from the planning board for an alternative to a five-story building project proposed under Chapter 40B of the state's affordable-housing law. Their alternative was to have a six-lot Atwood Circle subdivision developed on the same parcel of land as the original five-story proposal, which is being referred to the Chapter 40B project. However, there was a complaint filed in Norfolk Superior Court that appealed the approval to have the subdivision built.

The lawsuit was filed by resident Jonathan Fryer and a lawyer who represents Friends of Colonial Road says that the lawsuit is misleading and has no grounds. But it was ordered by a judge that the Planning Board reopen its hearing on the circle subdivision. Due to this reopening, the board will have to reconsider the project approval during a Monday meeting at 7:00 p.m. at Town Hall.

In the lawsuit, Fryer alleges that he was not given a chance to speak at the hearing held by the Planning Board regarding Atwood Circle. Fryer has stated that he told the board that he was unable to attend the hearing on the dates it was scheduled last year, but his request was denied by the board's chairwoman to reschedule the hearing at a later date. The lawsuit was filed under Fryer's private utility business, Dover Water Co.

It was last month that the hearing was reopened by the Planning Board and Fryer was able to voice his concerns that the board had acted haphazardly because they wanted the project to pass quickly. That is when the board opted to reconsider the project.

Gino Carlucci, the Town Planner, said that the rights to buy the land for Atwood Circle were obtained by the Colonial Road neighbors from the developer, who was planning the Chapter 40B project that was done away with. Carlucci said that the Friends wanted six houses built and two lots left open to be used as conservation land. Now that has led to reconsideration of the proposal. However, the planning officials are unable to discuss the matter with the public because of the current litigation.

In Fryer's lawsuit, he stated that he feared the subdivision project would lead to contamination of ground water, which supplies a third of the town. But the attorney for the Friends of Colonial Road said that there were no grounds for this fear because Fryer's own engineer conducted a review of the property and found that there was no merit for such fears.

In response to Fryer's claims, attorney Jason Talerman for the Friends, says that the lawsuit by Fryer was filed in bad faith because he wants vehicular access to his land that is blocked by wetlands so that he can develop his own properties.

Another lawsuit was filed by Fryer in 2005, appealing the Planning Board's decision to have a new cell phone tower constructed near his home on Haven Street because he felt it was dangerous and would have a negative impact on his property values. He also alleged that the original cell phone tower was not legal because no hearing was made available to the public. The tower was eventually relocated.

Talerman and his clients are hoping to once again obtain approval for the subdivision and move on with the original plan.

By Ginger Gillenwater