ATHOL – Athol’s Selectboard has given the Town of Phillipston until early May 2025 to decide if it wants to assume ownership of the nearly 150-year-old Bates Powers Dam.

The dam, constructed in 1876, and the reservoir it created sits entirely within the boundaries of Phillipston, but is owned by Athol. The state Division of Dam Safety has classified its condition as “poor” and hazard potential classification as “significant.”

Phillipston Selectboard member Nicole Gough went before the Athol board at its Nov. 19 meeting to ask for more time for Phillipston to gather the information necessary to determine if taking over responsibility for the dam would be feasible and fiscally responsible. Some residents and officials in Phillipston have eyed Bates Powers Reservoir as a potential recreation asset, as well as a water source for fighting fires.

“We want to bring the issue to the Annual Town Meeting next year,” Gough told the Athol board, “and have it go through the process” for determining the advisability of taking ownership. “We have quite a few residents who want to save the dam. So, I am asking for an extension so that we can go through the process.”

“I understand you want an extension,” said Athol Selectboard member Rebecca Bialecki, “but we need to make a determination for deeding it over to another municipality so that you can go forward. So, I would recommend an extension of three months, rather than six or so. That would give the time to do the work we need to do on our end to deed it to you; you would then own it to do whatever you need to do on your end.”

Gough reiterated that Phillipston taking ownership, under any circumstance, would require Town Meeting approval. Bialecki said that Athol could deed the dam to Phillipston, essentially giving Phillipston ownership as officials in that town work to find funding for the purchase and convince residents that doing so would be for the best.

However, Gough wanted to know what would happen if Phillipston secured the deed and voters rejected taking ownership?

“Would that place the dam back in your hands?” she asked.

“It’s kind of a confusing thing,” Athol Town Counsel John Barrett interjected. “The idea behind municipal entities owning real estate is governed by Mass General Laws, and the process for buying or selling property is governed by Mass General Laws, Chapter 30B.”

Barrett said the laws have “generally been interpreted” as allowing a town to gift land to another town.

“But the giftee has to accept it,” he said. “That does require a Town Meeting vote. So, if Athol said to Phillipston, ‘here’s the deed,’ but the voters in Phillipston said, ‘no, we don’t want it,’ it would then be back in Athol’s hands. Athol could then sell it elsewhere or do something else with it.”

Town Manager Shaun Suhoski then noted that Athol is laying the groundwork to apply for a grant that would “facilitate the removal of the impoundment and restore the free flow of the stream (Kendall Brook) that is there.”

Suhoski indicated that Athol would be under no obligation to accept the grant if Phillipston voted in the meantime to take ownership of the dam.

The application for grant monies must be submitted to the state sometime in early 2025, according to Athol Public Works Director Dick Kilhart. Kilhart said while the hazard classification of the dam is “significant,” there is no indication that a collapse is imminent.

“But I just caution the board that each time there is an extension, there is also a cost to the people of Athol,” Kilhart continued. “We pay for dam inspections, we pay for the dam’s maintenance, our crew goes up there” and cuts back the brush and small trees around the dam.

“So, it doesn’t just sit there in the middle of nowhere and do nothing,” he said. “There are things we have to do.”

Bialecki said the main worry right now is a breech of the dam.

“Come this spring, if we get those unheard of floods again, that’s when it could breech,” Bialecki said.

Gough said that the residents who own property on the reservoir and around the dam are those most interested in seeing Phillipston become the new owners.

“They do go out fairly regularly and clean it up and make sure there’s no blockage, and they make sure the beavers aren’t damming it up,” Gough said. “They’re taking the best care of it as possible. They want to save it.”

Athol Selectboard member Kala Fisher made a motion to give Phillipston until its Annual Town Meeting – which usually takes place in early May – to decide on ownership of the dam, which passed unanimously.

Greg Vine can be reached at gvineadn@gmail.com.