5/23/1984 CONSERVATION COMMISSION Minutes

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Ccnservation commission minutes of May 23, 1384 Page eeting .44th_Attorney-_ tt o. yamen Wilson _re: Maushoj2 Violation Peggy Collins said that she would like refer the matter to Atty,, James wits n who would like to speak on behalf of the Corporation. ttcrney James Wilson told the Commission that he was appearing before . them on behalf of the ew Seabury (*14orporation. He said that the princi- nal concerns were that ars on-site meeting which was supposed to have t ).--en place on the 13th was cancelled and repeated efforts to reschedule the discussion met with Failure. He said that they were concerned that the Corporation was not able to get together with the Commission to talk about the problem which appears to exist, He said that the two main is- sues are the Cease and Desist Order, which is outstanding and also the Request xuest for a Determination of Applicability which was filed an apparently returnee t the Corporation with request for a filing fee and a request for an engineered plan. He said that they were concerned because they feel there are barriers going up or impasses which are arising that can only serve to inflame the situation and ultimately turn the situati n over . to the . wyers and to the judges. He said that the intent of New abuy in this situation has been to try and work with the Commission and all town boards and not engage in litigation or ccnfrontation, Attorney James Wilson said that it was his understanding that the consul- tant for the New Seabury Corporation at the Commission' s meeting of may went over in depth the . Corporation's position on the Cease & Desist order and that the Corporation is acting in good faith and trying to stabilize the area and that it Felt it was wrongfully charged when the Cease i Desist order charged t l with placing debris on the beach' area. He said that he believed it was pointed out that any debris which was down there was coning out ot. the eroding bank. He said that they were not out there putting unclean fill and debris on the beach. He said that they are trying to keep .an on-going working relationship that doesn't taint' the Corpora- tion' s image or reputation and in the same manner will- protect the environ- ment and will accomplish the goals which e thinks everybody ori the Com- mission wants,which� is, trying to make the beach area stable and to make the the relocation of the cottages and anything else which has been going on - out there as good for the environment as possible. Atty. Wilson said that he did not know the Corporation is going to proceed He said that a lot will depend on haw well we can get together and how well e can try and work things out. He said that earlier this evening he under. stood the Commission considered turning the matter over for prosecution or over to Town Counsel.. He said that he thought that approach, if the will of the Cruris p that � Commission, is one that will place us ultimately in the