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`f Mash-oee Conservation Commission <br /> Executive Session re . litigation bet ._n the Commission an <br /> Now }� aburY Corporation <br /> December ber* 19, 1985 <br /> Page Eight <br /> Mr. Rosenberg a,c ked the Chairman, "Are ;_;e in a po,sition where we <br /> can now hear either here or at a subsequent meeting and I' d like <br /> the timing on it, discuss <br /> what could be from a'-point of view of <br /> the objectives of the Wetlands Protection Act and the purposes. of <br /> the Conservation Commission a satisfactory settlement of this <br /> problem taking into account everything that's been said here . <br /> I'm looking at the clock, too . I T just wondering about scheduling <br /> here . What would it take in the wa.y of time and the rest of it <br /> for us to develop op ghat would be , if you want to say. . . n ".deal <br /> settlement of this situation. - Taking into account .�� the reit <br /> of it , the history and also the desirable result in terms of the <br /> necessity for beach nourishment and minimizing t he danger to the <br /> environment and a l l that sort of thing, <br /> Mr. Shea: 11�f e ri r Court litigation is ' not g61ng to deal with <br /> the beach nourish ent program. It only de is �* th the construction <br /> of the cls shell road was it improperly constructed. <br /> duPont# "I think it -important to ee-o that clear, concise <br /> and . ireet . �L t l i-: not muddy it u , That' s �r4ha.t' w� hap_-,ened �� ith <br /> thi .� �on o a -� art is la l with Ili u h e ha avle 3t .s sue ; <br /> discreet . " <br /> Kr. Shea: "The other issue may not be able to be negotiated, <br /> That i the D711: hearing on the beach nourishment program. Right <br /> now and New ,--eabury have proposed language for a. final Order <br /> of Conditions to be i sued by the Commissioner Silva. In Stan' s <br /> c l.nion, there i-.,, a lot of room for improvement in that beach <br /> nouri:--hmentrogra . He hasn' t detailed all the areas that need to <br /> be fixed , but he believes- that there is a need for a lot of i roe e <br /> rnent. ,h they that can be done in neg tiat ions between Brett <br /> Burdick of D7,.QE and Peggy Collins of BSC a d tan is yet to be seen. <br /> How re s i,-ta.nt they are going to be to the changes and hov.r Frac't <br /> change they are .. un�knov. at this s time ■ If a negoti ted sett .ement <br /> can' t be achieved, then you are in the posture of a full.-blak;4n <br /> hearing ��ith and inrhih .tan cubit hi; re�fied eert <br /> t e 7 t i on on t h i . �hat the beach our' h ,.nt program should look <br /> like . Hereic.F a. Dro o�e d fl.nal Orden of Conditions and the- Hearing <br /> Offices -vdll make a decision after hearing his side of the <br /> Brett 'Burdick' s cide. of the story and Peggy Collins side of the story. <br /> I can' t :ay, might tonight, whether negotiations will solve the <br /> beach nouri�-hment issue Is <br /> Thr. o:�,enberg; " wing been the peri n who attended the pre- <br /> adjudication <br /> re- <br /> ad udication h�-ar i g, I know that one of the main issues that was <br /> voiced ova;--. the fact that the lack of poSitive proposal by the <br /> i <br />