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1 <br /> Ma.shpee Conservation Commission <br /> Executive Session litigation between the Commission and <br /> New S e abury Corporation <br /> December 19, 1985 <br /> Page ix <br /> Mr. Shea; "The only hard evidence we have to go . . . objective <br /> evidence i� what tan's been able to get in terms of aerial photo- <br /> gpS *e1 <br /> T+r,. Boyd: y, many people that have lived in the area f or a <br /> number of years can attest to the Fact that the bank was there <br /> and that the only accecs was by the Rock Landing property not <br /> � auc'hop property. t <br /> B. Jean Thomas asked if photographs that the Conservation Commission <br /> has right be of value . <br /> Mr. Shea replied , "I have seen pi tures from all sorts of times <br /> and unfortunately a lot of pictures that the Commission has.. , <br /> there' s one date on them. . .but larch says , 'No it' s not that date v , <br /> The bay is problem you have 's proof 'n demonstrating your case, <br /> You can put together a case . There is no doubt that you can put <br /> together a caSe that would substantiate your prier that this access <br /> point. . . and Ifm us i g it in a generic way. , .not in a legal term, . . <br /> _ e�iCr, d n ,�a �;�idened by New *.r ea.bury �.hen the clan �* lI road <br /> was brought down to that point where the bank was However, that <br /> widening and the work in the buffer zone for the purposes of beach <br /> nourishment is in the opinion of DEQE and in Stan's opinion not <br /> in ns iF-tent with the Wetlands 'rote ction Adt. They may have done <br /> it .in violatio � of what your order of Conditions said or what you <br /> thought your order of fond .tions paid. . , �ih* ch is second problem. <br /> We have to look at the l i 1 ih o od of success . They have an expert <br /> �t,- .tn ti and you have an expert witne��c who has formed an ini n. <br /> But : ur ca. -e hay- a number of �,{�T aknec� es . ne �.�= the number of <br /> Comms Fioners who have been involved in thishave different points <br /> of View. One depo�ition, particularly, said the clam -�sheli road <br /> and the work on the bank w done lust the way that the Com is s ion <br /> intended it to do and there is nothing that justified an enforcement <br /> order. That de� o�it* -ta.nd and its a -ow-�erf l piece of evi denoe . <br /> The other de o ition� were very weak . people had vague recollections. <br /> of what wa.!-, there or v a�n' t on the C o mi E;s i on at that time and there <br /> °Mf a. lot of ? coming and hawing. You don't have a strong {%I-stn - <br /> ca.,.--e from thr, pur--�o�se of tho-::ede poc' tion . Th l s not the fault <br /> of any of the Commic.sion r� . M ybe better pre aration for the d=- <br /> po4 �-ition1-v u .d have Produced a. better result; but in any event, <br /> there they ar . ' <br /> ' The other thing is you have a vague order of Conditions and the <br /> letter you sent to DEQE indicates that the Commission in addition <br /> to this order that aye you shall use only extig access point; <br /> f <br />