4/3/1986 CONSERVATION COMMISSION Executive Session

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Conservation Commission Executive Session pri 1 3 , 1986 Page 6. Mr. Rosenberg: Barry Fogel said specifically at the hearing at which I was the one present that he would prefer~, if at all possible, and I think he used the existence of 316 as the label for that, he made the suggestion that if the parties can agree on ars order of condition then step four , which is the one step we have not talked about, D.E.Q.E. at the request of the parties will step out of it and let the town issue the order. Mr. Humphries : I don't know what the mechanism there is there. Mr. Rosenberg : The appealing party withdraws its appeal . Ms. Morse: The last I heard , .E.Q.E. wanted to issue the order of conditions based on the agreement between the New Seabury Corporation' and Mashpee. i Ms. duPont: Which actually gives us then the D.E.Q.E. powers of enforcement which we don't h ave access to readily unless there is a -su perced i ng order. That's when D.E.Q.E. will cone in and enforce violations for us if they have done the supercedi rig order of conditions . I think it is to our advantage t have . E.Q. E. write this order of condi bions because we can then use them for enforcement whereas we are gust the little people on the beach. One other thing , Stan , I wonder if in making these suggestions to D. .Q.E. will you or have you given some consideration to monitoring the materials that are placed on the beach so that they are not gust excavation materials as they have put in in the past like tree stumps , ci rider blocks and anything else they can find . Mr. Humphries : I believe that is condition number three that runs through a very detailed , maybe one, two and three, Ms. Morse: I think you have a copy of this contract. Ms. duPont: No, I didn' t see this. Isn' t that funny, it's addressed to me too. s Morse: You don' t have it, I thought that you did. Mr. Humphries . That's -my copy but you can look through it.. ,.then 16.,hey go through a period of notification to both you, the commission, and sE# #E► to look over~ the materials and have an adequate 3mount of time to say yes , that' s fine, or no, that' s not fine. (copse' were made and distributed) . Ms . ' duPont; It is -addressed to me but - I have never seen it-. One of the things we certainly are concerned about is that suppose They core in with a little bag of something and says this is what they are gc i rig to out on it and this is what they are going to use, we certainly don't want that we want to see the materials as they .are being trucked 4,n and out there because coning in with a little bag of something . Mr. Humphries : They certainly wouldn' t be able to drive every truck through , (Ms du Pont: No, we don'-t expect that) , but I can see where a representative would go down there and watch the trucks Ms du Pont: and check it before it goes on .