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apparent reason except that Woods Hole requested it for purpose of a “regional plan”. Agent McManus <br />says that all the properties that were relieved of their obligations were in compliance before the MIP <br />was eliminated. Mr. Fogel says that the 1500 cubic yards does not represent what is required from an <br />environmental standpoint and that all the reports and data in the records show indisputable evidence <br />that the formula was tripled to try to move the beach seaward which changes the dynamics of the <br />environment. Mr. Fogel states that to protect a coastal bank than an equivalent amount of sand which <br />is 1 cubic yard per foot/lost. Mr. Fogel states the two issues are; the catch-up issue; and the going <br />forward issue and Tidewatch feels the catch up number should be based on the mitigation number. <br />Chairman Fitzsimmons states that the catch-up number is in the Order of Conditions and that it has <br />been the Order of Conditions for 19 years. Mr. Fogel says that Bayswater had a one foot per year rate <br />and they were doubling it. Agent McManus states that after taking a look at the erosion rates, a revised <br />calculation would be fitting for the amounts moving forward but based on the level of inactivity from <br />Tidewatch for the past years there should be no reason to reduce the 1500 cubic yards from 1993 to <br />2012. <br /> <br />Agent McManus recommends moving forward with an enforcement order for the nourishment that has <br />been owed from 1993 to 2000 along with the credit for the load slips that were submitted. Mr. Fogel <br />states their intention is for a clean way to wrap everything up and suggests a Certificate of Compliance <br />that would have conditions relating to catch up and the going forward amount. Agent McManus asks <br />Mr. Fogel how they could include the catch up amounts in a COC for the latest order when there was a <br />COC done for project # 43-1166. Mr. Fogel says that you can put in as one of the ongoing conditions <br />that a certain amount of sand per year for catch up. The agent states that he will have to contact Town <br />Counsel but the agent says the order #43-1166 would be more legally enforceable with an enforcement <br />order. <br /> <br />Attorney Fogel states that there are three parties that own the revetment; New Seabury, Tidewatch and <br />Colony Villa so future ongoing in perpetuity requirements for the property should be adjusted to the <br />actual number. Mr. Fogel also states that a credit of 2500 cubic yards that was recorded in Mr. <br />Sherman’s records added to the annual amount going forward. Tidewatch would anticipate access for <br />beach nourishment during the time period of September through April; possibly work with Bayswater for <br />continuance coverage. Agent McManus says his concern is keeping the Orders separate and deal with <br />one Order 43-1166 as an enforcement order and then an ongoing condition of a Certificate of <br />Compliance for their latest beach nourishment permit. <br /> <br />Mr. Fogel says that based on Town Counsel’s advice, will decide on whether a Certificate of <br />Compliance for the current Order can both be created in perpetuity; the nourishment requirement going <br />forward and the catch-up number. Mr. Fogel says the logic for the past nourishment obligation would <br />be to spread it out and that they can submit a catch up plan with both timing and access. <br /> <br />Mr. Fogel states that Tidewatch would like to file a Certificate of Compliance that would create a <br />condition in perpetuity for the annual 400 cubic yards and fully credit the 22,000 from the older Order <br />but have it included as proportional period of approximately 15-20 years in the more recent Order. Mr. <br />Fogel says that the catch up could be about 1000 cubic yards annually plus the 400 cubic yards <br />annually with coordination and access but not limited to November and April. Mr. Fogel suggests that <br />all three owners can be named on the COC so that all three will be aware that they are “on the hook”. <br /> <br />Agent McManus states that Tidewatch should be credited 4,152 cubic yards based on the submitted <br />load slips which will bring the amount owed to 24,348 and the Commission should make a ruling on that <br />amount. <br /> <br />Mr. Fogel asks for the credit of an additional 2500 cubic yards as the records show that amount of sand <br />had been delivered. <br /> <br />Ken Liatsos, an abutter, says there has been constant erosion of some measure over 18 years but <br />recently; the erosion has accelerated to the point where he has lost part of his lot. Mr. Liatsos says he <br /> 4 <br /> <br />