4/3/1986 CONSERVATION COMMISSION Executive Session

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CONSERVATION C 1MISSI N APRIL 3, 1986 EXECUTIVE SESSION 7:45 p.m. Motion made and seconded for executive -session. Roll call : March DuPont; ' Chairman, Nonie Simmons ; Stuart Peoples ; Eliot Rosenberg ; Dorothy Studley; Pauline. Delorey; Louise Behr an. Also present were: Judy Mills ; Wilmont e o ; Gerald Sprout; B. Jean Thomas ; Mary Brown. Leslie Aran Morris , Assistant Town Counsel : Most of you know why we are here tonight which is the 1 i ti gatfon between the New Seabury Corporation and the Conservation Commission which most of u have nicknamed "The . Clamshell Road Li tigai on" although it had more to do with the entire beach nourishmentP rogram than it did with the simple little road that is being nicknamed Clamshell Road. . Most of you sat through our present- ation resent- ation back i n, I believe, December, by Join Shea of MacGregor, Shea Donnelly of Boston. Mr. Shea had originally been brought in to this -case as -both Joe and I thought an expert should tale an extra look at this case *;jho dealt in envii onmental law and that everyone might profit by an expert's view of the case. He presented his views in December and they basically coincided with what Joe and I have been saying all along in regards to litigation. I think most of your are familiar with what John did say. After Mr. Shea finished, the matter was brought up to the Board of Select- men .and their view was that litigation should be brought to an end with a negotiated settlement with the New Seabury Corporation and their concern, I thi n k was , the roost important thi ng was to get the roost optimum order of conditions out there that could most possibly be gotten and those were my instructions from the Board, get the best order of conditions , take it to the Con Com, see what they feel about it and if it can be settled on those grounds , go ahead. So, the first thing I did was hire an expert who has already dealt in the field which is Stan Humphries and he has been tal i na with the New Seaburry Corporation and he has what he believes . . # , y instructions to hire were to do whatever you have to do , gust get the best order you can out there. I don' t even know what he is going to present to you tonight, I 'm not a planner,, I don' t know much about the environment and so I will tura the floor over to ,you, Star. Stam Humphries : I think we met once before when I presented some inform- ation nfor - ation on the historical. a nalysis or the area and I know there was some dispute about some of the findings but, as the saying goes , a photograph does not tell too many lies. What I did pretty much in this case was to put on a broker's hat in trying to mediate the issues between the comm- ission omm-- 1ssion and New Seabur,y and I just wanted to run through the chronology, very briefly, and open it up for any questions. As you may recall , the pre-hearing conference held bBarrer Fogel i n, I guess , October of 1985, concluded with the fact that D.E.O.E. and New Seabury ought to get together and draw up an order of Conditions. At that time, D. E. .E. also went on record as requesting some input from the conservation commission. Well , to get things really off the ground and have some response- from the town,