Who's At Fault? An Odd Enforcement Saga Is Playing Out At The Conservation Commission

Since early December, an odd saga has been playing out before the Conservation Commission.

No one disputes that significant unpermitted construction work was done in a wetland near 34A Grove Lane. Homeowner Louis Breskman added multiple decks, an outdoor shower, a boardwalk, a stone driveway, and a privet hedge without approval. He also filled in a portion of the lawn, a porch, and a sunroom, creating a berm that caused water to pool in their neighbor’s lawn. All of the work needed Conservation Commission approval, and no approval was ever obtained.

“Very significant unpermitted work happened. Personally, I think almost all of this needs to be removed and mitigated,” Conservation Commission chair Seth Engelbourg said. “I think almost all of the structural additions should be removed.”

But it’s unclear if Breskman had any reason to believe that the work was unpermitted, or who would bear responsibility if he did not.

“This was a surprise to me,” Breskman told the Current when informed of the violations.

The Conservation Commission first discussed the issue briefly at its December 4th meeting, and an enforcement order was ratified by the Commission on December 22nd. Breskman was summoned to appear before the Commission on January 8th, but did not. He was then summoned again on February 5th, and again did not appear.

In between those two meetings, Victoria Ewing appeared at the Conservation Commission’s January 22nd meeting, claiming to represent Breskman. Ewing, who represented the property when it received approval for the pool from the Historic District Commission, said she wasn’t aware they had not received Conservation Commission approval for the project. She was unable to join the subsequent meeting when Breskman was summoned.

When reached by the Current, Breskman said that he never received the enforcement order, that Ewing wasn’t representing him any longer, and that he had been led to believe he had approval for the project. He said that the Current’s call was the first he had heard of any enforcement action taken by the Conservation Commission.

He echoed many of these comments at the Conservation Commission’s March 19th meeting, where he finally did appear.

“This is my fault. I thought that I had approval,” he said. “I apparently didn't have it.”

Ewing could not be immediately reached for comment.

During the three months that Breskman failed to respond to the Conservation Commission’s summons, multiple members of the Commission suggested levying fines against him and accused him of not taking the proceedings seriously.

“I'm not sure if it's by malice or negligence, but we should move towards discussing a civil penalty to assess,” Engelbourg said in February. “It's a clear pattern of not taking the violation seriously.”

For now, the Conservation Commission is planning to visit the site, and will then discuss a remediation plan.

Louis Breskman is listed as the founder of the short-term rental management company Grey Lady Stays. Breskman is associated with LLCs that own at least three Nantucket properties, two of which are listed as short-term rentals, including 34A Grove Lane.

Breskman purchased 34A Grove Lane in April of 2023. One rental listing describes it as “spacious and serene” and notes that it is “surrounded by conservation land, which cannot be built upon.” It rents for around $1,600 a night on AirBnB, and more during peak season.

Grey Lady Stays describes Breskman as “a proud second-generation Nantucket summer resident deeply connected to the island's culture and history.”