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Mashpee C n e rva.t i on o mmi �i n <br /> Executive SeSsi re : litigation between the Commission and <br /> December 19 , 1985 New k eabury Corporation <br /> ,age 'Seven <br /> failed to conduct an on-site inspection to determine whether or <br /> not <br /> M.. . du jjont; That was th e fatal f law- . .no onn. d id an oxo--s i t e , <br /> Mr. Shea: 11(.Io, those sort of factual problems and we need to <br /> collect all ort�: of other people , put together not such a groat <br /> iklihod of success- .,~ eially when the motivating force that <br /> New `]e bury i going to be presenting to the . urge- and has_. prey tinted <br /> to DEQE is We want to do a beach nourishment urogram. Hous ez <br /> are being threatened, the bank is eroding, *ie need to do a really <br /> good beach nourishment here , * I hope you are in agreement with <br /> that. s ta.n in agreement with that. You do need a good beach <br /> nourishment. " <br /> Mr. Huml hrie s : "Not to say that one is being proposed. " <br /> Mr. .Boyd: "But the problem there over the years is the moor <br /> and the wad' in which they have done it. They may do a. beach <br /> nourishment; but they will thr y-.., anything they can find on the <br /> beach. The nature and the way they do things is so poorly done . " <br /> Mr. Sh e a e. "The third reason is that litigation is expensive . To <br /> try this- case against New ;eabury. . #I can't even predict what the <br /> amount of money is ging to be . The type of ca.-se you would have <br /> to put together involves a, lot of lavwer time . . investigation, <br /> ° e4 seg , ;ether Dhotr)gra-ohic exhibits , convincing these witneases <br /> to to-tify, there may be additional discovery by F4ir. Stucci in <br /> term} f li-rit ten inter g .torie�. r more de oQ iti on The co z t i _ <br /> extremely high and when you measureS. against v hat the liklihood of <br /> 5,,ucce..s 11; advice to you is to try to get the be,.-,t deal you can <br /> ina =ettlement . " <br /> Mr. Shea continued: 11urther good rear-,:)n to settle is you dj-) I t <br /> nee a to delr the beach nouri hment program. AT Cher it' s not a <br /> good -. rP. grar or it' s- a great r� gram and �e# e going t suggest t <br /> you that ':tan can he l make. it a better -r)r- gra.m throu g h Q E he ari g. <br /> T he longer you wait on the beach nourishment the more damage accrue. <br /> out there , The one thing that D QE i- afraid of and you should be <br /> afraid of and >��t a .' c; afraid of i c that if th i 7 d e�:n` t work and if <br /> you don' t Dut their feet to the fire on a good program, they are <br /> going to come back and gay, ���,:a rar t a structure out there . " <br /> Mr. Shea continued, 1# tan can go on at length a� to why revetments <br /> and other types of structureq are not the solution. " <br />