4/3/1986 CONSERVATION COMMISSION Executive Session

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i t Conservation Commission Executive Session April 3, 1986 Page 5. - EliotRosenberg_ sea king continued was something at the pre-hearing that Barry Fogel suggested. There is a whole hi story' about the pre-hearing , but there is no meed to go into that now, but it was his suggestion that the parties get together and finish 316, eater ars order of conditions -on what .is 395 and let the appeal to D.E. Q.E. be dropped so that it becomes strictly between the town and New Seabury and i t 'woul d seem to me that this would rake a great deal of sense, rather than doing it in pieces and issuing some sort of partial order of, certificate of compliance, and thea going to negotiating thereafter. Leslie Ann Morse: I 'm not exactly sure that is what Stan is stating. Ky understanding in talking to Stan is the Certificate of Compliance on 316 is essentially requested by Brett. Eliot Rosenberg: Barry Fogel indicated they could not go forward with the present notice of intent, the present appeal , until this commission disposed of 316. Ms. Morse: That's precisely one of the reasons we are here is for before any order~ of conditions to issue on 395, they wart a certificate of com- pliance. Ms. du Pont:And a have that request, but a held it to get your advice tonight. So that if ,you are advising that we coo that and indicate that r that particular~ project has. been abandoned then we can issue that certificate of Compliance. . Rosenberg: Well , that is the question, whether we should do that o whether that ought to be part of a negotiated settlement and the whol'a thing be settled at once. In other words , if an order of compliance satisfactory to everybody is worked out then as part of that process three things happen. First- the lawsuit is dismissed, Secondly-, a certificate of compliance based on the abandonment or partial work as you suggested be issued and the third thing , at the same time, whether~ through D.E. .E. or preferably, as far a I 'm concerned, through the commission !Here, whatever the negotiated new order of conditions is, be issued all at the sane time rather than giving up the lawsuit, giving up the old certificate of compliance and thea going forward to negotiate. Ms Morse: Okay, I think you' re i sunders tand i ng perhaps that is exactly the point we took was that an order of condition should be negotiated on 395 and that is exactly Stan was told to do ., to negotiate what he thought was an optimum order on 396, then we will deal with the certificate of compliance on 316. The last thing I intend to do is dismiss that lawsuit. Ms . duPont: Stan, are ,you 'going to provide us with a copy of what you suggest on the order~ of conditions for 395 so that we can use that as reference when we are writing our order of conditions or are we just going to have input and D.E. .E. is going to do it? Mr. Humphries : No , D.E.-Q.E. will do i t.