Last modified: Saturday, August 2, 2008 12:47 AM EDT Foxboro dog park trial put off BY FRANK MORTIMER SUN CHRONICLE STAFF FOXBORO - A Land Court judge agreed Wednesday to delay the Aug. 6 Foxboro Dog Park trial while antagonists in the case attempt to settle the long-simmering dispute over where the park should be located. And, in a related matter, the town's ability to defend the suit brought by neighbors of the dog park - if it goes forward - now has a potentially bigger dollar sign attached. The town's insurer notified Town Manager Andrew Gala this week that it will no longer cover the dog park suit because the plaintiffs' attorney, Edward Valanzola, has withdrawn two of the allegations that triggered the town's eligibility for coverage. Other allegations remain. Selectmen Chairman Mark Sullivan said in an interview he would not support using town funds to pay for legal services in the dog park matter, and that he hoped other members of the board would likewise vote to turn off the spigot. The town is responsible under its policy with the Massachusetts Interlocal Insurance Association to pay a $7,500 deductible, but not the hourly rate of its attorney, Sam Perkins. Selectmen and the conservation commission are defendants in the suit that Vanalzola filed in February on behalf of 17 abutters objecting to the dog park as a health and noise nuisance and an improper use of conservation land. The commission voted Monday to go along with selectmen's and Valanzola's joint bid for a continuance of the trial. Selectmen wanted the continuance to allow time for a committee it is forming to report on potential new sites for the park. Plaintiff Ron Costello read into the selectmen's records Tuesday a letter from Valanzola expressing appreciation for selectmen's effort to "find a solution that will avoid a trial," but also voicing concern that the site search committee may drag its feet. "While my clients also appreciate that the conservation commission voted last night to agree to the continuance, much of the evening was spent listening to presentations and comments by dog park proponents and commission members explaining why the current location is the best location and why the alternate sites listed in Mr. Resnick's memorandum would not work," Valanzola wrote. "...If it appears that there is little or insincere effort in locating a new site or participating in the committee to be organized by the board of selectmen, then my clients reserve the right to proceed in the pending litigation ..." A report by Town Planner Mark Resnick has identified potential alternatives to the park's current location at Cocasset River Park. It lists pros and cons for sites near the former town landfill, at the Lane Property off North Street, Gavins Pond, the former Camp Lincoln Hill, a parcel behind Foxboro High School, land between Cocasset River Park and South Street, and the Payson Road Recreation Center.