05/17/1990 CONSERVATION COMMISSION Executive Session

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Conservation Commission May 17, 1990 EXECUTIVE SESSION VOTE: Motion rade and seconded to go into executive session. POLL: V. Louise Behr ma, Harry Desros iers, Duncan York,, Elizabeth Terry,, Richard Halpern - IN FAVOR. Unanimous Vote Simmons: I want to make it very clear, this is regarding the Nirenberg litigation, I do not want anyone to discuss this with anybody, because it could be damaging to the results. Bob and I met with with Counsel at his request, We have, finally,' the superseding order from DEP. Sherman: The superseding order cane back not upholding u , which I basically expected because though it was a terrible situation by all our standards , basically it met the performance standards. Along with thesuperseding order came al.notice of non-compliance. It is a slap in the wrist but it does have a legal precedence that Town counsel says will help us with our capse* He is of the opinion that we should proceed with our suit but he will talk to Mr. Nirenberg's lawyer to see if we can reach ars agreement whereby Mr, Nirenberg would settle with us for a cash amount to go into the Conservation Fuad because, o course, if he chooses not. to, we can pursue this suit which would be costly for him to call in his expert witnesses. Simmons: Counsel would lie to follow up on Town bylaw. He feels because DEP issued the Notice of Non-Compliance, that it practically proves his case. He feels he i in a very strong position and feels there is considerable liability on Nirenberg 's part, our bylaw reads that in some cases you can be fined $300 per day, What he suggests is that he is in a position to deal with the other counsel and he would lime a motion rade to authorize me,' as chairman, to act with Town counsel to accept a fine amount to resolve the case. After some discussion,, I would like to ask ,you for the motion. Halpern : Can I get a one minute summary of the case? ehrman . This goes back to Just before you and I got on the board (to Nonny) , Mr, Nirenberg initially filed plans with various town agencies, got his various approvals and orders and then went and changed his mind and built what he wanted to. This started back then and there have been layers and layers of enforcement orders and subsequent Notices of Intent where when we went out to look at the site, the plan that we were given with the Notice of Intent as a result of the enforce- ment order still did not comply. Simmons: He built on land that did not belong to him. Dehrman : Every time they would draw a plan he would change something , we'd go to do a Certificate of Compliance or check something out and . . . . Halpern: He was originally building a house (BEhrman : And a pool and completely changed the location, size of the house, garage. Coffey: And permeable driveway, drainage. Simmons : And I guess when Lisa went out to give a certificate of compliance, with all that had gone before, here we find a catch basin that has an outlet over the coastal bank and all the trees cut down on the top of the bank. Beh rm n: From the original order of Conditions, a vegetated buffer. Simmons : And- landscaped lighting put night up to the edge of the coastal ban-k. The original Orders said, under no circumstances, all drainage shall be street side.