By Theresa Knapp

The Hopedale Select Board has received a letter from an attorney representing the Overdale Parkway Association which claims the settlement agreement reached in August on the Black Brook matter is not valid and that all work must stop on the site at the end of Overdale Parkway or they will take “an appropriate action in court.” 

The letter dated Feb. 7 to the Select Board from Mark S. Bourbeau of Drohan Tocchio & Morgan PC in Hingham says the OPA residents “are opposed to and intend to vigorously contest the Town’s plans and agreement to grant rights in the publicly-owned parkway for the principal purpose of conferring a private benefit on Black Brook Realty Corp. and Mr. [Ricardo] Lima (the “Developers”), under the pretext of the Developers granting a “gift” to the Town of improving the unpaved portion of the parkway.” 

They say the development owner “was observed to be digging up a section of the town land which comprises a part of the unpaved portion of the parkway” and that the town “must immediately prohibit any further such conduct by a private citizen on town land.” 

The OPA claims the agreement signed by the Select Board and developers on August 9, 2021, is “unlawful and will fail under challenge” because: 

The Agreement ignores and violates the holding in the 2004 case involving the Town of Hopedale and Black Brook. 

The town lacks authority to divert public resources to principally benefit private parties. 

The contemplated grant of rights in the Parkway to developers for subdivision access would effectuate an eminent domain taking against the OPA Residents’ real property interests. 

The Town Meeting vote relied on as authority for the Agreement is stale and of no effect. 

Since Overdale Parkway is not a town way, and the Developers lack rights of private access, the Planning Board would be without authority to approve the subdivision of land which relies on access to the Parkway. 

The unpaved portion of Overdale Parkway is subject to Article 97 restrictions. 

At its Feb. 14 meeting, the Select Board acknowledged receipt of the letter but did not discuss it any further. The letter can be found on the Select Board’s webpage and at https://bit.ly/3JJFDkL.