Last modified: Friday, November 14, 2008 2:32 AM EST

Foxboro selectman nixes a vote on Neponset dam

FOXBORO - Town counsel has issued an opinion that supports Selectman Paul Mortenson's view that town meeting approval is needed for the conservation commission to take ownership of the Neponset Reservoir Dam.

But Selectmen James Thrasher, Paul Feeney and Lynda Walsh voted this week not to place the request on the Dec. 15 special town meeting warrant.

The board majority's action prompted Chairman Mark Sullivan to sharply warn reservoir area residents and supporters in the room not to complain to him when a legal challenge is filed.

Sullivan said the reservoir group could have won approval for the measure, simply by mustering their many supporters that night.

Sullivan and Mortenson favored allowing town meeting to decide whether the conservation commission should be allowed to take over the dam once its private owner repairs it.

Conservation commission member Valerie Bataille-Ferry said liability questions were thorougly reviewed by selectmen in recent weeks.