FOXBORO - Refusing to even read a new memo from town counsel warning of potential new liability to the town, a majority of selectmen voted last week to accept an amended agreement allowing the conservation commission to take ownership of the Neponset Reservoir dam once it is repaired.

The vote by Selectmen James Thrasher, Paul Feeney and Lynda Walsh appears to cut town meeting out of the decision to accept ownership of the dam.

The board majority, with the backing of Chairman Mark Sullivan, declined member Paul Mortenson's request to put off the vote one week to allow the board to read a five-page memo received late that afternoon from Deutsch Williams, the law firm selectmen recently hired as town counsel.

When it became clear the majority opposed postponing the vote, Mortenson read excerpts from the memo aloud.

"Dam ownership presents a new, independent basis of environmental liability because a dam may be considered a vessel or facility from which contaminants or contaminated waters are released," attorney Daniel R. Deutsch wrote via e-mail to Mortenson and the selectmen's office. "Without reviewing the DEP file, we cannot evaluate how serious an additional environmental liability Foxboro might incur by acquiring the dam.

Deutsch cautioned against further action without a more detailed review.

"OK, you got your win," said Sullivan, who had previously favored allowing town meeting to decide the matter. Sullivan abstained.

Selectmen's vote - which followed a nearly 90-minute discussion centered on lake health and legal issues with advocates of the town takeover of the dam - prompted celebratory hugs and congratulations in an audience of about 30 people, many who live near the reservoir.

Commission Chairman Robert Boette confirmed his understanding that the deal will not require town meeting approval.

The dam repair work is expected to start a next fall.