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Several townspeople have expressed interest, but none have yet been appointed, said Selectmen Chairman Courtney Turner.
The board's resignation in early June was precipitated by a 2-year-old conflict between the commission and Canaan-Southfield Road resident Bruce Poor, a farmer who had been ordered to cease clearing land near what the Conservation Commission said was an environmentally sensitive vernal pool.
Two lawsuits followed: Poor appealed the cease-and-desist order, then sued Conservation Commission Chairwoman Rita Mathews for trespassing on his land with a biologist to inspect his property.
In early June, the Selectmen were contacted by then-Town Counsel Hugh Cowhig, who said he was facing a court deadline and raised questions about the town's ability to prevail in the cases.
He recommended that the town agree to a settlement offered by Poor's lawyer, who said he would dismiss his cases if the town withdrew the cease-and-desist order, said Turner.
Cowhig has since retired.
The cases had already racked up more than $7,000 in legal bills, and more expenses would be coming if the town opted to proceed.
Turner said he was surprised to learn that the Board of Selectmen, according to town meeting procedures, is the only town board that can determine strategy in lawsuits involving the town.
Based on Cowhig's advice, the Selectmen opted to settle the matters.
"I support Rita W. Mathews 100 percent," said Turner. "But several years ago, tempers flared and people went too far before they sat down and thought things through.
"In my mind, the issue's behind me, and we've got to move on," said Turner, who was not a board member when the dispute began.
Mathews said recently that the Selectmen failed to support their own appointed Conservation Commission by settling the case as they did.
"You have to have people back you up, or there's no point in working," said Mathews.
In a June 8 letter to the Selectmen, signed by all the Con-servation Commission members, the members wrote that it was "deplorable" of the Selectmen to accept a deal resulting in dismissal of the court complaints without consulting the commission.
The Selectmen's action "undermines the authority of our function and shows a complete disregard for our judgment ... no backup, no consideration, nor even respect when we and the town are faced with hard choices."
Poor, who has developed property on Nantucket and is considering "limited development" at his New Marlboro property, said the matter has cost him $30,000 in legal fees.
He said he believed the dispute was fueled by a neighbor who passed along rumors that he intended to carve up his land for development.
"They got off on the wrong foot with bad information, and we were never able to untangle the problem," he said of the commission.
Poor said he's learned in the past two years that the board's original cease-and-desist order was invalid for procedural reasons, and that the commission's meeting procedures and record keeping were at times not in line with requirements.
He said he had agreed to let the commission bring an expert onto his property to verify the vernal pool as long as he had advance notice to get his own expert there as well.
According to Poor, Mathews left a message at his house that she was coming with a scientist, but Poor said he was away and had no time to invite his own expert from Nantucket.
He found out the inspection had taken place without him and lodged a trespassing charge.
Mathews contended that she was entitled to enter his property because a cease-and-desist order was in place.
Poor, who bought 320 acres several years ago, has embarked on an agricultural/forestry program and is raising some rare breeds of livestock. He said his goal is to preserve most of his rural land.
Asked about his development plans, he said, "At this point, I haven't moved in that direction, but to preserve these tracts, there will need to be some limited development. I'm against building houses in pastures."
Turner said the board's decision was based on Cowhig's advice as town counsel about the uncertainty of the town's defense. He also said the costs of proceeding were a factor.
"[Cowhig] indicated it could go in any direction, and we do have a financial responsibility as well to the town," Turner said.