HomeMy WebLinkAbout2017-6-13MINUTES
Nantucket Land Bank Commission
Regular Meeting of June 13, 2017
Land Bank Meeting Room, 22 Broad Street i -
Nantucket, Massachusetts '' 4Z Z
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CALL TO ORDER: 3:00 p.m. G C7
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PRESENT: Richard Glidden, Neil Paterson, Allen Reinhard, John Stackpole. S fi
ABSENT: Kristina Jelleme. `?
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STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Assistant Director; Marian
Wilson, Assistant Administrator.
Peter Sutters, Inquirer and Mirror Reporter; David Pumphrey, Citizen; Alan Costa, NGM Inc.
President; Walter Lankau, Golf Controller and Sean Oberly, Miacomet Golf Course
Superintendent were also present at call to order.
A. CONVENE IN OPEN SESSION
1. TRANSFER BUSINESS:
a. May 2017 Transfers — Record Nos. 38449 through 38531: The Commission reviewed
transfers for the period of May 1, 2017 through May 31, 2017.
b. Current "M" Exemptions and Liens: The Commission authorized the placing of
liens against the following properties as a result of the purchasers claiming the "M" exemption as
first -time buyers of real property.
No. 38450 Olivier Payot and Lisa Silveira
No. 38460 Simonas Zekas and Edita Zekas
c. Five -Year Ownership Non - Compliance — Payoff/Release of Lien — No. 34766
Action Sparks: Ms. Bell explained that she received a request from Ms. Spark's attorney for a
payoff amount of the fee, interest and penalty on the above - referenced transfer, as the property was
being sold prior to the expiration of the five -year domicile /ownership term under the "M"
exemption. Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner
Glidden, it was unanimously VOTED to approve and execute a Release of Lien which will be
provided to Ms. Sparks or her representative upon full payment of the fee ($6,500), penalty ($1,625)
and accrued interest ($3,263.37).
Commissioner delleme entered the meeting at 3:10 p. m.
2. FINANCIAL BUSINESS:
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June 13, 2017
Page 2
a. Monthly Transfer Statistics: Monthly transfer statistics reports comparing fiscal
years 2016 and 2017 through May 2017 were presented to the Commission.
3. GOLF BUSINESS:
a. Sconset Golf Course — Draft Budget Presentation: Mr. Costa reviewed the draft
budget for 2017 as compared to 2016 actual figures and answered questions from the Commission
on expense items. Mr. Oberly attributed the rise in seasonal labor costs to the increase in wage rates
under the H213 visa program for 2017.
b. Miacomet Golf Course — Draft Budget Presentation: Mr. Costa reviewed the
proposed budget for 2017 against the 2016 actuals, pointing out the significant increases.
Commissioner Glidden and Walter Lankau both noted that it was a realistic budget.
Dr. John West and Mary West entered the meeting at 3:51 pm.
Commissioner Jelleme stated that she preferred to complete the budget review at the next meeting
when Susan Campese, Land Bank Administrator /Finance Manager would be present, before voting
for approval. After a brief discussion, Mr. Savetsky suggested that the Commission continue the
budget review at the next Land Bank Meeting when Ms. Campese would be present. The
commission agreed to meet at 3:30 pm on Tuesday, June 27, 2017 for further review of the
proposed 2017 golf budgets.
Mr. Costa, Mr. Lankau and Mr. Oberly departed the meeting at 3:57 pm.
4. CITIZEN BUSINESS/ ANNOUNCEMENTS:
a. Lily Pond Property Walking Easement: Dr. John West and his wife, Mary,
residents at 35 Lily Street, were present to voice their concerns about preserving public access to the
Lily Pond property via the right of way and easement at 36 Lily Street. The Wests attended the
Historic District Commission meeting, indicating that Sarah Alger, attorney representing the new
owner, Alfred T. Sanford, stated that the access (which the public has been using for years) was in
fact a private way and not public. Mr. Savetsky assured the Wests that the Land Bank would take
steps to defend the public access if need be, however it was his understanding that the new owners
planned to preserve the status quo. Chairman Paterson thanked Dr. and Mrs. West for their
comments and said the Commission would continue to monitor the situation.
Ms. Chloe Sanford, Resident of 6 Micheme Lane; Kristine Sanford, resident of 13 Pleasant Street;
Environmental Coordinator, Rachael Freeman and Property Management Coordinator, Dane
DeCarlo entered the meeting at 4: 00 pm.
b. Memorial Tree Request: Commissioner Paterson presented a request from Lucy
Leske for a harbor front tree in memory of Tobey Leske and asked the Commission for input as to a
suitable location. Mr. Savetsky said he would talk to staff and present some location options for Ms.
Leske to consider.
Land Bank Commission
June 13, 2017
Page 3
5. TRANSFER HEARING: Two -Year Domicile Non - Compliance — No. 35405 Patrick
McEvoy
Pursuant to Section 14 of the Land Bank Act, the Commission held a hearing on the matter of the
Notice of Assessment from the Nantucket Islands Land Bank Commission dated June 13, 2017, to
Patrick McEvoy.
The hearing was tape recorded.
The hearing was opened by Chairman Paterson.
Assistant Director, Jesse Bell provided a brief summary of events leading up to the Notice of
Assessment.
Ms. Bell asked the documents presented to the Commission be entered into the record as exhibits.
The following exhibits were entered without objection by the Commission:
Exhibit A, Transfer Documents Record No. 35405, including Form 1, Form M and deed conveying
7 Madaket Road from Peter M. Cardos and Nanette M. Cardos to Patrick McEvoy, with a purchase
price of $860,000 (claiming the "M" exemption on $400,000 of stated purchase price), recorded at
the Nantucket Registry of Deeds on August 1, 2014, as Book 1444, Page 169;
Exhibit B, Correspondence from the Nantucket Islands Land Bank to Patrick McEvoy dated August
8, 2014, restating the requirements of the "M" Exemption;
Exhibit C, Nantucket Islands Land Bank Notice of Lien dated September 9, 2014, to Patrick
McEvoy, recorded at the Nantucket Registry of Deeds as Book 1449, Page 326 on September 10,
2014;
Exhibit D, Computer printout of Patrick McEvoy's Facebook page dated August 3, 2016 that states
Mr. McEvoy lives in New York, NY;
Exhibit E, Email Correspondence dated August 3, 2016 between Marian Wilson, Assistant
Administrator, Nantucket Land Bank to Nancy Holmes, Assistant Town Clerk of Nantucket asking
for census information for the address of Patrick McEvoy with a response from Ms. Holmes stating
that there is no information on Mr. McEvoy, and providing alternate information on the current
resident of 7 Madaket Road according to voter registration records.
Exhibit F, Promotional video of 7 Madaket Road as a rental property posted by Dirty Water Media
on June 28, 2016 https: / /www.youtube .com/watch ?v= _sTzjwRrXik;
Exhibit G, Correspondence dated August 3, 2016 regarding "M" exemption non - compliance from
Allen B. Reinhard, Chairman, Nantucket Land Bank Commission to Patrick McEvoy sent to 7
Madaket Road, Nantucket and carbon copied to the same at 1 Christopher Street, Apt 9 H, New
Land Bank Commission Page 4
June 13, 2017
York, NY 10014 and carbon copied to attorney John B. Brescher. The correspondence mailed to 7
Madaket Road, Nantucket was returned as undeliverable;
Exhibit H, Computer printout of 7 Madaket Road listed as a weekly vacation rental with Maury
People Sotheby's International Realty dated November 2, 2016 listing 7 Madaket Road as available
to rent by the week through October 2017;
Exhibit I, Correspondence dated November 4, 2016 regarding "M" exemption non - compliance from
Allen B. Reinhard, Chairman, Nantucket Land Bank Commission to Patrick McEvoy sent to 1
Christopher Street, Apt 9 H, New York, NY 10014 and carbon copied to the same at 7 Madaket
Road, Nantucket and carbon copied to attorney John B. Brescher. The correspondence mailed to 7
Madaket Road, Nantucket was returned as undeliverable;
Exhibit J, Correspondence dated December 12, 2016 regarding "M" exemption non - compliance
from Allen B. Reinhard, Chairman, Nantucket Land Bank Commission to Patrick McEvoy sent to 1
Christopher Street, Apt 9 H, New York, NY 10014 by certified mail with return receipt rquested
and carbon copied by regular mail to the same at 7 Madaket Road, Nantucket and carbon copied to
attorney John B. Brescher. Correspondence to 1 Christopher Street, Apt 9H, New York, NY 10014
was signed for and return receipt attached. The correspondence mailed to 7 Madaket Road,
Nantucket was returned as undeliverable;
Exhibit K, Excerpts from the minutes of the Nantucket Islands Land Bank meeting on January 24,
2017 where the Commission voted to issue a Notice of Assessment to Patrick McEvoy and place an
unsubordinated lien for the fee, penalty and interest from the date of the transfer on record at the
Nantucket Registry of Deeds in the event the purchaser did not request a hearing by February 24,
2017;
Exhibit L, Notice of Assessment from the Nantucket Land Bank Commission dated January 25,
2017, to Patrick McEvoy, and cover letter from Allen B. Reinhard, Chairman to Patrick McEvoy,
dated January 25, 2017 sent to 1 Christopher Street, Apt. 9H, New York, NY 10014 by certified
mail, return receipt requested and carbon copied to attorney John B. Brescher by regular mail;
Correspondence to 1 Christopher Street, Apt 9H, New York, NY 10014 was signed for and return
receipt attached.
Exhibit M, Email string dated February 24, 2017 through February 26, 2017 from Patrick McEvoy
to Eric Savetsky, Executive Director with responses by Susan Campese, Administrator/Finance
Manager requesting information and a hearing on the Nantucket Islands Land Bank Notice of
Assessment to Patrick McEvoy with attachment of Form M, Land Bank Act and Rules and
Regulations provided to Patrick McEvoy;
Exhibit N, Nantucket Islands Land Bank Notice of Lien dated January 24, 2017, to Patrick McEvoy,
recorded at the Nantucket Registry of Deeds as Book 1581, Page 296 on March 6, 2017;
Exhibit O, Email string dated March 9, 2017 through March 11, 2017 between Susan Campese and
Patrick McEvoy requesting availability for hearing with scheduling on the Nantucket Land Bank
Land Bank Commission
June 13, 2017
meeting agenda of March 14, 2017;
Page 5
Exhibit P, Excerpts from the minutes of the Nantucket Islands Land Bank meeting on March 14,
2017 tabling the scheduling of the hearing until March 28, 2017;
Exhibit Q, Email dated March 27, 2017 from Patrick McEvoy to Susan Campese requesting the
hearing be scheduled on April 25, 2017;
Exhibit R, Excerpts from the minutes of the Nantucket Islands Land Bank meeting on March 28,
2017 where the Commission scheduling a hearing April 25, 2017 at the request of purchaser,
Patrick McEvoy;
Exhibit S, Email string between Susan Campese and Patrick McEvoy dated April 4, 2017 reporting
that the hearing was scheduled for April 25, 2017 at 4:00 p.m.;
Exhibit T, Computer printout of Town of Nantucket Assessors database for 7 Madaket Road
showing owner of record address as 1 Christopher St # 9H, New York, NY 01220;
Exhibit U, Email string between Susan Campese and Town of Nantucket Tax Collector, Elizabeth
Brown confirming mailing address for tax bill for 7 Madaket Road as 1 Christopher St # 9H, New
York, NY 01220
Exhibit V, Email string between Susan Campese and Patrick McEvoy regarding canceling the
hearing on April 25, 2017 and rescheduling the hearing to June 13, 2017.
Exhibit W, Email between Susan Campese and Patrick McEvoy regarding his Statement be read to
the Commissioners at the hearing on June 13, 2017.
Ms. Bell reviewed the Exhibit items; she also noted that Mr. McEvoy's primary residence listed on
his FaceBook and LinkedIn page is in New York. Furthermore, Ms. Bell played the promotional
rental video featuring the property at 7 Madaket Road and stated that it was also listed on the Maury
People Real Estate website as a weekly vacation rental.
Ms. Bell stated that Mr. McEvoy's lack of responsiveness to Land Bank correspondence, his
absence of a listing in the local phone books, and his representations made on FaceBook and
LinkedIn, all demonstrated a lack of social connection to the Nantucket community. Lastly, she
read Mr. McEvoy's prepared statement to the Commissioners due to the fact that Mr. McEvoy was
not present at his hearing.
Based on the facts presented at the hearing, it was determined that Mr. McEvoy had not established
Nantucket as his actual domicile and therefore the requirements of the "M" exemption had not been
met. Staff recommended that Mr. McEvoy pay the $8,000 fee that was exempted when he claimed
the "M" exemption, in addition to penalty and interest accrued since the date of purchase, August 1,
2014.
Land Bank Commission
June 13, 2017
Page 6
After some discussion, and there being no further information or evidence to be provided, upon a
motion made and duly seconded, it was unanimously VOTED to close the hearing.
Upon a motion made by Commissioner Reinhard and duly seconded by Commissioner Jelleme, it
was unanimously VOTED to accept the staff recommendation and direct Ms. Bell to draft a
Decision and Determination which will be reviewed and voted on at the following Land Bank
Meeting on June 27, 2017.
6. TRANSFER BUSINESS: continued.
a. Two -Year Domicile Non - Compliance /Discussion — No. 36191 Chloe Sanford: Ms.
Bell informed the Commission that during a routine two -year check on "M" exemption compliance,
a few sources raised questions regarding the actual domicile of Ms. Sanford. Staff's written
correspondence was quickly responded to by Ms. Sanford confirming that she is a year round
resident despite the fact that her mailing address is listed at 13 Pleasant Street. Furthermore, the
year round domicile requirement was being examined due to the fact that Ms. Sanford's property at
6 Micheme Lane was listed on two realtor websites as a weekly vacation rental property. Ms.
Sanford explained that the reason she had listed the property available for rent was because she was
planning a five week family vacation this summer. She inquired where specifically in the "M"
exemption was it stated that the owner cannot rent out their property. Commissioner Paterson
thanked Ms. Sanford for her comments and advised her that Ms. Campese will come back to the
Commission with a recommendation after consulting with the Land Bank's legal counsel.
Ms. Chloe Sanford and Ms. Kristine Sanford departed the meeting at 4:20 pm.
7. PROPERTY MANAGEMENT:
a. July 4th Preparation Plans: Mr. Savetsky reviewed the strategy laid out by the
Nantucket Police Department relative to Land Bank beach properties, citing their plan to utilize the
Land Bank's Nobadeer beach parking lot as a command center for the expected heavy use at that
beach on the holiday weekend. In addition, the Town requested that an extra port-a -pottie and
dumpster be placed in the Land Bank parking area at 40t' Pole for the holiday.
b. Property Projects Update: Mr. DeCarlo updated the Commissioners on the status
of renovation plans for the Land Bank office building. He reported that the water fountain has been
installed at the Codfish Park playground and the dock at the Sharpe property would be installed on
June 20, 2017 after repairs were completed. Further, road grading improvements have been made on
Eel Point Road and West Miacomet Road, as well as the Cisco beach and Gardner Farm parking
lots. Mr. Savetsky added that the Land Bank had received some neighborhood contributions to
assist with the road grading expense in Smooth Hummocks. Ms. Freeman updated the Commission
on plans for improving handicap accessibility to trails, viewing areas and parking lots at
McAlinden, Settlers Landing and Keane properties and the culvert/bridge permitting at Norwood
Farm. Mr. DeCarlo confirmed that they had received permits to move forward with building the
viewing access areas for Keane and Settlers Landing as well as expanding the parking areas to
include additional accessible spaces. Furthermore, Mr. DeCarlo reported that he had received
Land Bank Commission
June 13, 2017
Page 7
approvals from the Historic District Commission for the Ray boathouse relocation to the Soverino
property. Additionally, the dock at the Bachman Property should receive permits and begin
construction by mid -July. Ms. Freeman reviewed the plan for the Reyes property which includes
restoring the pergola and the removal of certain trees as recommended by Bartlett Trees Experts.
Lastly, the Fairy Trail had been installed on the Milestone Crossing property.
c. Mr. Savetsky displayed before and after photographs of the Summer House
encroachment area, reporting that ninety -five percent of the items that had been encroaching on the
abutting Land Bank property had been removed and the remaining issues would be resolved soon.
Mr. DeCarlo and Ms. Freeman departed the meeting at 5: 00 pm.
8. APPROVAL OF MINUTES: Upon a motion made by Commissioner Stackpole and duly
seconded by Commissioner Jelleme it was unanimously VOTED to accept, approve and release the
regular session minutes of May 25, 2017 as written.
9. REGULAR BUSINESS: None.
10. FINANCIAL BUSINESS: continued.
a. Warrant Authorization — Cash Disbursements: Upon a motion made by
Commissioner Stackpole and duly seconded by Commissioner Jelleme, it was VOTED to execute
the June 13, 2017 warrant document in the amount of $172,429.29 to be provided to the county
treasurer.
b. Warrant Authorization — 2009 Series A Bond Semi - Annual Payment: Upon a
motion made by Commissioner Stackpole and duly seconded by Commissioner Glidden, it was
VOTED to approve payment and authorize staff to wire the 2009 Series A semi - annual bond
payment of interest and principal in the total amount of $1,263,956.25 from the Land Bank's
Collection Account to the Bond Trustee at U.S. Bank.
B. EXECUTIVE SESSION: Upon a motion made by Commissioner Stackpole and duly seconded
by Commissioner Glidden, it was unanimously VOTED to go into executive session in order to
discuss the purchase, exchange, lease or value of real property and review and approve executive
session minutes. A roll call vote was taken: Reinhard -Aye; Stackpole -Aye; Glidden -Aye; Paterson -
Aye. The Chairman under Purpose 6 [G.L. c. 30A, 21(a)(6)] declared that discussion of these
matters in open session may be detrimental to the Land Bank's negotiating position and that the
Commission would reconvene in regular session following executive session.
Mr. Sutters and Mr. Pumphrey departed the meeting at 5:07 pm.
C. RECONVENE IN OPEN SESSION:
ADJOURNMENT: Upon a motion made by Commissioner Stackpole and duly seconded by
Commissioner Glidden, it was VOTED to adjourn at 5:26 p.m.
Land Bank Commission
June 139 2017
Attested to:
Accepted, Approved, and Released by the VOTE
of the Commission this 27th day of June, 2017.
Neil Paterson, Chairman
Page 8
MONTHLY TRANSFER STATISTICS FISCAL YEAR 2016
FY16
Total
Exempt
Taxable
Total Gross
Gross
Revenue
Month
Transfers
Transfers
Transfers
Value
Value Taxable
Received
Jul -15
100
55
45
$76,650,262
$75,052,762
$1,512,844
Aug -15
100
57
43
$81,283,162
$78,833,162
$1,577,651
Sep -15
109
49
60
$100,449,002
$95,949,002
$1,925,880
_
Oct -15
138
54
84
$147,434,422
$139,134,422
$2,782,688
Nov -15
71
32
39
$75,870,039
$68,777,539
$1,375,551
Dec -15
108
55
53
$72,494,950
$70,983,375
$1,428,346
Jan -16
93
41
52
$98,369,206
$92,706,025
$1,862,120
Feb -16
59
32
27
$30,033,729
$27,523,729
$550,475
Mar -16
100
49
51
$78,894,324
$76,444,325
$1,537,553
Apr -16
68
34
34
$68,631,755
$63,457,378
$1,269,148
May-1 6
1 85
50
1 35
$69,498,627
$62,815,751
$1,256,315
Jun -16
103
51
52
$92,768,837
$89,962,837
$1,799,923
THRU MAY 16
Average
1,031
95
508
47
523
48
$899,609,477
$82,698,193
$851,677,469
$78,470,026
$17,078,572
$1,573,208
Low 59
32 27 $30,033,729 $27,523,729
$550,475
High 138
57 84 $147,434,422 $139,134,422
$2,782,688
MONTHLY TRANSFER
STATISTICS FISCAL YEAR 2017
FY17
Total
Exempt
Taxable
Total Gross
Gross
Revenue
Month
Transfers
Transfers
Transfers
Value
Value Taxable
Received
Jul -16
56
35
21
$46,842,402
$45,392,587
$907,852
Aug -16
83
49
34
$79,447,023
$75,538,100
$1,511,230
Sep -16
105
48
57
$151,973,352
$148,099,352
$2,962,654
Oct -16
94
39
55
$111,176,086
$107,025,586
$2,148,512
Nov -16
101
50
51
$96,829,251
$94,119,251
$1,892,585
Dec -16
119
65
54
$78,318,551
$73,753,551
$1,483,738
Jan -17
91
48
43
$70,995,625
$64,626,277
$1,298,476
Feb -17
61
39
22
$37,927,950
$35,566,000
$711,320
Mar -17
88
49
39
$86,162,201
$83,510,901
$1,679,335
Apr -17
70
41
29
$55,766,249
$54,331,249
$1,086,625
May-1 7
82
47
35
$61,049,314
$57,758,014
$1,155,160
Jun -17
THRU MAY 17
Average
950
86
510
46
440
40
$876,488,004
$79,680,728
$839,720,867
$76,338,261
$16,837,485
$1,530,680
Low 56 35 21 $37,927,950 $35,566,000 $711,320
High 119 65 57 $151,973,352 $148,099,352 $2,962,654
MONTHLY (UNAUDITED)
DOCUMENTS AND EXHIBITS
Nantucket Land Bank Commission
Regular Meeting of June 13, 2017
1. MGC Proposed Golf Budget - 2017
2. SGC Proposed Golf Budget -2017
3. Public Hearing Exhibit List— Patrick McEvoy
4. Monthly Transfer Report — May 2017
5. "M" Release of Liens (see transfer business for record nos.)
6. Fiscal Year Transfer Statistics and Graphs — May 2017
7. Plan of Settlers Landing, 27 N Cambridge St.
8. Aerial of Chase /Ray Property, 48/50 Tennessee Av.
9. Soverino Plans, 21/23 Tennessee Av.
10. Plan and aerials of Reyes Property, 231 Polpis Rd.
11. Aerial Site map — Norwood Farms
12. Aerial Map of McAlinden Property, 46/48 Tennessee Av.
13. Photographs The Summerhouse Encroachment Removal
14. Check Warrant Summary dated June 13, 2017
15. 2009 Series A Bond and Interest Payment
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of June 13, 2017
1. May 2017 Transfers —Record Nos. 38449 through 38531
a. Current "M" Exemptions and Liens:
No. 38450 Olivier Payot and Lisa Silveira
No. 38460 Simonas Zekas and Edita Zekas
b. Transfer Update
1. Five -Year Ownership Non - Compliance — Payoff /Release of Lien:
No. 34766 Action Sparks
2. Two -Year Domicile Non - Compliance — Discussion:
No. 36191 Chloe Sanford
No. 38489 6 Micheme Lane LLC