HomeMy WebLinkAbout201-5-14MINUTES
Nantucket Land Bank Commission
Regular Meeting of May 14, 2019
Land Bank Conference Room, 22 Broad Street
Nantucket, Massachusetts
CALL TO ORDER: 4:00 p.m.
PRESENT: Richard Glidden, Kristina Jelleme, Neil Paterson, Allen Reinhard, John Stackpole.
STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Assistant Director; Susan
Campese, Administrator/Finance Manager; Marian Wilson, Assistant Administrator; Leedara Zola,
Project Manager; Rachael Freeman, Environmental Coordinator; Jeffrey Pollock, Property
Foreman.
Inquirer and Mirror Reporter, Brian Bushard and AGM Marine Contractors Structural Engineer,
Richard Fitzgerald were also present at call to order.
I. CONVENE IN OPEN SESSION:
A. CITIZEN BUSINESS/ANNOUNCEMENTS: Mr. Savetsky reported that the appeal of
the Conservation Commission ("ConCom") decision regarding the Petrel Landing project by
Commercial Wharf resident Richard Corey was being heard at Superior Court on Nantucket this
Wednesday.
B. PROPERTY MANAGEMENT:
1. Easy Street Bulkhead Replacement — Presentation by AGM Marine Contractors:
Mr. Fitzgerald reported he had inspected the bulkheads at 21, 27 and 29 Easy Street and
determined: (a) that the steel bulkhead at 21 Easy had some corrosion and rust at the top, but still
had plenty of life but the top few inches should be repaired and the whole surface sandblasted and
coated to extend its life, however the tiebacks may be questionable as they were tied to the original
timber bulkhead and were dependent on former bulkheads deadmen to anchor it; (b) the fiberglass
bulkhead at 27 Easy Street was in good shape including the tiebacks and bolts, but had significant
fading from the elements. It also was tied to an existing timber bulkhead and anchor system; (c) the
timber bulkhead at 29 Easy Street needed to be replaced as it was rotted and full of holes which
were causing sinkholes and potentially undermining the neighbor's home. It was Mr. Fitzgerald's
recommendation that before the park is installed the anchor system should be further inspected. The
Commission thanked Mr. Fitzgerald for his work and asked him to provide price proposals for the
different options for repairing or replacing the bulkheads.
Mr. Fitzgerald departed the meeting at 4: 25 p.m.
2. Property Foreman and Environmental Coordinator — Quarterly Review:
a. Settler's Landing/29 North Cambridge Street: Mr. Pollock presented
Land Bank Commission Page 2
May 14, 2019
pictures of the completed accessible parking, boardwalk and viewing deck.
b. Millbrook Heritage Orchard/60 Millbrook Road: Mr. Pollock reported that
the fence was complete and the shed will be completed this week. Ms. Freeman said Jordan
McHugh, the orchard manager, will care for the potted trees onsite until they are planted in the
spring. Meanwhile a cover crop would be planted to help amend the soil and Bartlett Tree Experts
had donated ten yards of woodchips for the project.
c. McAlinden/48 South Cambridge Street: Ms. Freeman said the permit
application was submitted and she expected approval in the fall. Ms. Freeman stated that applying
for viewshed maintenance from the ConCom in the interim would be difficult to obtain but she
would make an attempt. She recommended establishing a trail and installing a bench on the high
spot in the meantime. Mr. Pollock said staff could mow the flat regularly and the rough less often.
d. Burn Program/MOU with the Fire Department: Mr. Pollock reported the
burn crew was able to burn 30 acres in Smooth Hummocks and 15 acres at Head of the Plains this
spring, but he did not expect any additional burn days due to the damp windy weather in the
forecast. Further, he explained that the MOU the Commission had with the Fire Department was
significant as it recognized the Land Bank burn crew as a resource and now fire department
personnel attended all burns for training. Additionally, the agreement acknowledged Mr. Pollock
and Richard Schraff who were both NWGC qualified as wildland firefighters and therefore their
expertise would be called upon by the fire department in the case of wildfires or brush fires.
e. Ray Boat House/23 Tennessee Avenue: Mr. Pollock informed the
Commission the boathouse was now on its foundation and was about to be trimmed out. He
expected the project to be done by the end of June and would be used as for storage, particularly for
abandoned dinghies and kayaks.
f. Wood Property/55 Warrens Landing Road: Mr. Pollock said that staff was
going to mow the road edge and remove the dead pines, fill in the large puddles, install posts to tie
dinghies to and monitor the property for the summer to see how it is used and the traffic patterns.
Ms. Freeman presented a picture of a broken pipe that ran from the salt marsh to the harbor that had
large holes in it. She had scheduled a meeting with Rob McNeil of the Department of Public Works
to see what could be done and if the pipe was needed. Commissioner Reinhard asked if the black
pines could be removed and requested logo boxes be placed at each end of the property.
g. Washington Street Extension/Consue Springs: Mr. Pollock said staff had
met and they would work on installing a path that would lead from the duck pond property to the
harbor. Commissioner Jelleme asked if something could be done at the duck pond to circulate the
water as the algae was taking over. Ms. Freeman said she would look into options.
h. Smooth Hummocks Road Repairs: Mr. Pollock presented an aerial of
Smooth Hummocks Share 9 with recommendations to repair some existing roads and eliminating
duplicate roads.
Land Bank Commission
May 14, 2019
Page 3
i. Sharpe Dock/22 Tennessee Avenue: Mr. Pollock reported that the dock and
ramp would be installed prior to Memorial Day weekend.
j. 40th Pole/155 Eel Point Road: Mr. Pollock reviewed the agreement between
the Town/Land Bank and neighbor to the west. He presented the signage that was installed each
year and the maintenance schedule for the summer.
k. Head of the Plains Proposed Trail: Ms. Freeman presented an aerial with
proposed trails and said she was working with the Conservation Foundation to plan a trail to
connect to the Land Bank trails. Commissioner Jelleme suggested adding some small parking areas
as well.
1. Norwood Farm Proposed Trail: Ms. Freeman pointed out on an aerial
where the Conservation Foundation had added a trail from Polpis Road that connected to the Land
Bank land by the sanctuary.
Kenneth Beaugrand entered the meeting at 5: 00 p. m.
3. Codfish Park Playground — Shade Proposal Update: Ms. Zola reported that the
consensus of the Historic District Commission ("HDC") was they were not in favor of any
additional structures at the playground. After some discussion, upon a motion made by
Commissioner Glidden and duly seconded by Commissioner Jelleme, it was VOTED close the
application and have staff investigate pricing and the viability of planting some large shade trees.
Mr. Pollock departed the meeting at 5:10 p. m.
4. Discovery Playground at Hinsdale Park — Execution of Utility Easement: Ms. Bell
presented the utility easement through Walter Glowacki's subdivision to connect needed electricity
to the playground. Upon a motion made by Commissioner Stackpole and duly seconded by
Commissioner Reinhard, it was unanimously VOTED to execute the easement.
5. Cisco Beach Use Request — Nantucket Island Surf School: Ms. Bell presented a
request from Gary Kohner of Nantucket Island Surf School, to allow his use of a portion of the
Land Bank's Cisco Beach property to rent surfboards and provide surfing lessons subject to Mr.
Kolmer continuing to provide stewardship of the property, carrying insurance protection with
$500,000 coverage per occurrence and $1,000,000 in aggregate with the Land Bank named as
additionally insured, and requiring students and board renters to sign hold -harmless agreements.
Ms. Bell further recommended an increase in the fee charged for the 2019 season from $5,000 to
$7,500 as the fee had not been increased in five years. Upon a motion made by Commissioner
Jelleme and duly seconded by Commissioner Stackpole, it was unanimously VOTED to approve the
request and increased fee.
6. Mt. Vernon Farm/Sustainable Nantucket — Request for Storage Shed: Ms. Bell
presented a request from Sustainable Nantucket to build am 8' by 10' storage shed on the property
with a Community Preservation grant previously received. The shed would contain an air
Land Bank Commission
May 14, 2019
Page 4
conditioner unit to keep away pests. Commissioner Jelleme asked what would be stored in the shed
that would require an air conditioning unit. It was the consensus of the Commission to table the
discussion until Sustainable Nantucket furnished additional information on the contents of the shed.
7. Moors End Farm — Shed Proposal for Irrigation Pump: Ms. Bell presented a
request from Moors End Farm to build a 16' by 10' by 14' shed to house an irrigation pump in
order to mitigate the pump noise at the request of an abutter on Pippen's Way. Ms. Bell explained
that approval was needed from the Land Bank as the owner of the property and landlord on the
lease with Moors End Farm, and that additional approval from the Conservation Foundation as
holder of the Agricultural Preservation Restriction was likely required as well. Upon a motion made
by Commissioner Glidden and duly seconded by Commissioner Reinhard, it was unanimously
VOTED to approve the request.
8. 2019 Event Request - Policy Review: Ms. Bell explained that she had received a
request from a caterer to hold dinner parties at Settlers Landing which staff felt was not appropriate
for events with the exception of small wedding ceremonies. Discussion ensued regarding which
properties were suitable for such events, with the criteria that events should not monopolize a
property and not be an annoyance to abutters. Ms. Bell reviewed the standing events policy that
allowed staff to approve events with no more than 35 people, no amplified music or tents, with staff
allowing only one event per weekend per property. She assured the Commission that events beyond
this scope or any unusual request would be brought to the Commission for a vote. Upon a motion
made by Commissioner Stackpole and duly seconded by Commissioner Jelleme, it was
unanimously VOTED to continue managing event requests with the same policy as in prior years.
9. Apthorpe/32 Western Avenue — Request for a Wedding Ceremony: Ms. Bell
presented a request for wedding ceremony on September 28, 2019 at 3:30 with no more than 50
people with the reception to follow across the street at the Star of the Sea youth hostel. Upon a
motion made by Commissioner Stackpole and duly seconded by Commissioner Jelleme, it was
unanimously VOTED to approve the request.
C. REGULAR BUSINESS:
1. Community Preservation Committee — 2019 Appointment: Upon a motion made
by Commissioner Stackpole and duly seconded by Commissioner Reinhard, it was unanimously
VOTED to appoint Kenneth Beaugrand as the Land Bank representative to the Community
Preservation Committee for a three-year term. The Commission thanked Mr. Beaugrand for his
many years of service as the Land Bank representative.
Ms. Zola departed the meeting at 5:22 p.m.
Mr. Beaugrand departed the meeting at 5:23 p. m.
D. GOLF BUSINESS:
1. Miacomet Golf Clubhouse Replacement — Project Update: Mr. Savetsky reported
that ACG said the project was still on schedule and they were handling daily issues. He announced
Land Bank Commission Page 5
May 14, 2019
that he, Ms. Bell and Chairman Paterson along with Land Bank design consultant Liz Winship were
traveling to Yarmouth on Friday to review the interior design options with Susan Hamilton of
Brown, Linquist, Fenuccio & Raber.
2. Warrant Authorization — Clubhouse Requisition: Upon a motion made by
Commissioner Glidden and duly seconded by Commissioner Jelleme, it was unanimously VOTED
to execute the May 14, 2019, warrant document in the amount of $867,563.75 to be provided to the
county treasurer.
E. APPROVAL OF MINUTES: Upon a motion by made by Commissioner Stackpole and
duly seconded by Commissioner Reinhard, it was unanimously VOTED to accept, approve and
release the regular session minutes of April 23, 2019 and the special meeting of April 30, 2019 as
written.
F. ACTION ITEM:
1. Property Pie Chart Project: Ms. Freeman presented several variations of pie charts
that represented all Land Bank properties by open space, agriculture and recreation and then further
broken down by golf, parks/playground, water access by both acreage and purchase price.
Commissioner Jelleme suggested further refining the charts and adding one that had maintenance
costs for the various types of properties over a five-year period.
2. Trailhead Signs: Ms. Freeman reported she was awaiting a proposal from an artist
for trailhead signs that was expected to come in at a price of $3,000 to $4,000 per sign. She said Mr.
Pollock recommended something simple with the name of the property and a QR code that linked to
the online map of each property. Commissioner Jelleme asked if digital technology had rendered
signs with a map irrelevant and suggested maybe a mobile application would be a better use of
funds. Ms. Freeman agreed to bring this item back for further discussion at a future meeting with
staff recommendations.
Ms. Freeman departed the meeting at 5: 40 p.m.
G. TRANSFER BUSINESS:
1. April 2019 Transfers — Record Nos. 40576 through 40648: The Commission reviewed
transfers for the period of March 1, 2019 through March 31, 2019.
a. 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. 40593 Robert E. Steber, Jr. and Julie Michelle Steber
No. 40601 Martin I. Anguelov and Desi V. Anguelova
No. 40613 Anastasia Cher and Sean K. Reid
Land Bank Commission
May 14, 2019
Page 6
b. Current "O" Exemption and Lien: The Commission authorized the placing of a
lien against the following property as a result of the purchasers claiming the "O" exemption as part of a
deed -restricted affordable housing program:
No. 40603/40604 Johnny Beans and Sharon Beans
2. Transfer Update:
a. Two -Year Ownership Non-Compliance/Request for Waiver & Release of
Lien — No. 38325 Joseph Lloyd and Holland Talbott: Ms. Campese explained the history of the
transfer and read a letter from Mr. Lloyd that stated they were selling the house in order to purchase
a larger house that was more suitable to start a family in. Ms. Campese recommended the waiver of
penalty and interest due to these extenuating circumstances as the Commission has in prior requests,
and to require only payment of the Land Bank fee. Upon a motion made by Commissioner Glidden
and duly seconded by Commissioner Paterson, it was unanimously VOTED to waive the penalty
and accrued interest and to provide a release of lien to Mr. Lloyd, Ms. Talbott or their representative
upon payment of the $7,000 fee.
b. Two -Year Ownership Non-Compliance/Release of Lien — No. 40081
Casey W. Santos and Ashley A. Martin: Ms. Campese reported that the attorney for Mr. Santos and
Ms. Martin had contacted her regarding the gift of one lot to a brother. Ms. Campese explained that
the change in ownership not only was in violation of the exemption requirements, but the gift
exemption did not seem to apply. However, since the sale was upcoming a release of lien could be
signed and provided to the sellers or their attorney upon payment of the Land Bank fee and accrued
penalty and interest. Further, if additional information and a request for waiver was received it
would be brought before the Commission for a vote. Upon a motion made by Commissioner
Glidden and duly seconded by Commissioner Reinhard, it was VOTED to issue a release of lien to
be held by the Land Bank until full payment of fee, penalty and interest was received.
Commissioner Stackpole abstained.
H. FINANCIAL BUSINESS:
1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing fiscal
years 2018 and 2019 through April 2019 were presented.
2. Warrant Authorization — Cash Disbursements: Upon a motion made by
Commissioner Stackpole and duly seconded by Commissioner Jelleme, it was unanimously
VOTED to execute the May 14, 2019 warrant document in the amount of $498,276.07 to be
provided to the county treasurer.
I. REGULAR BUSINESS:
1. Pilot Whale Drive — Assent to Sewer Easement Elimination: Ms. Bell explained
that the easement was put in place for future development and since the property was now in open
space it was unnecessary and recommended the Commission sign the assent to eliminate the
Land Bank Commission
May 14, 2019
Page 7
easement as requested by the abutter to the property. Upon a motion made by Commissioner
Stackpole and duly seconded by Commissioner Jelleme, it was unanimously VOTED to assent to
the easement elimination.
2. Notice of Right of First Refusal — 10 Medouie Creek Road: Mr. Savetsky
presented an aerial of 10 Medouie Creek Road that had an offer to purchase for $8,200,000. The
property now had a large house, guest house and pool. Upon a motion made by Commissioner
Glidden and duly seconded by Commissioner Reinhard, it was unanimously VOTED to execute the
waiver of Right of First Refusal.
Mr. Bushard departed the meeting at 5:53 p. m.
II. EXECUTIVE SESSION: Upon a motion made by Commissioner Stackpole and duly seconded
by Commissioner Reinhard, it was unanimously VOTED to go into executive session in order to
discuss the purchase, exchange, lease or value of real property, discuss pending litigation and
review and approve executive session minutes. A 11 call vote was taken: Reinhard -Aye, Paterson -
Aye, Stackpole-Aye, Jelleme-Aye. The Chai an under Purpose 6 [G.L. c. 30A, 21(a)(6)] declared
that discussion of these matters in open Sion may be detrimental to the Land Bank's negotiating
position and that the Commission woreconvene in regular session following executive session.
ADJOURNMENT: Upon a m¢tion made by Commissioner Glidden and duly seconded by
Commissioner Reinhard, it was ]dOTED to adjourn to executive session at 5:54 p.m.
Attested to:
Richard J. Glidden, Secretary
Accepted, Approved, and Released by the VOTE
of the Commission this 28th day of May, 2019.
airman
Neil Paterson, C
MONTHLY TRANSFER STATISTICS FISCAL YEAR 2018
i
FY18
Total
Exempt
Taxable
Total Gross
Gross
Revenue
Month
Transfers
Transfers
Transfers
Value
Value Taxable
Received
Jul -17
99
56
43
$86,775,289
$80,305,289'
$1,614,906
Aug -17
85
37
48
$100,460,3041
$97,245,700
$1,945,861
Sep -17
123
52
71
$184,607,562
$173,607,562
$3,621,855
Oct -17
123
50
73
$138,788,7731
$133,265,544
$2,674,111
-17
95
39
56
$89,552,632 ;
$86,004,631
$1,732,892
_Nov
Dec -17
128
62
66
$103,053,2911$95,933,389
$1,920,134
Jan -18
86
38
48
$109,100,331;
$102,654,331 ,
$2,053,887
Feb -18
93
52
41
$110,702,9821
$105,899,307'
$2,118,786
Mar -18
84
39
45
$86,699,5051
$80,439,505
$1,609,457
Apr -18
72
41
31
$63,371,2681
$62,871,268
$1,259,025
May -18
90
52
38
$68,681,2781
$66,624,278,
$1,337,840
Jun -18
70
39
31
$72,347,585;
$68,338,985
$1,210,166
THRU APR 18
988
466
522
$1,073,111,938
$1,018,226,527
$20,550,914
Average
96
46
49
$101,178,4001
$96,099,149
$1,924,910
Low
70
37
31
$63,371,268'
$62,871,2681
$1,210,166
High
128
62
73
$184,607,562
$173,607,5621
$3,621,855
MONTHLY TRANSFER STATISTICS FISCAL YEAR 2019
FY19
Total
Exempt
Taxable
Total Gross
Gross
Revenue
Month
Transfers
Transfers
Transfers
Value
Value Taxable
Received
1
Jul -18
80
50
30
$80,896,878;
$78,396,878'
$1,567,938
-18
77
45
32
$48,618,521
$46,802,521
$946,902
_Aug
Sep -18
84
26
58
$119,633,412!1
$118,343,412
$2,371,535
Oct -18
101
35
66
$212,485,401'
$207,882,401
$4,167,648
Nov -18
119
48
71
$158,226,115
$153,331,1151
$3,085,622
Dec -18
94
51
43
$93,258,434
$89,800,934
$1,796,019
Jan -19
77
36
41
$73,129,224,
$70,296,724;
$1,405,934
Feb -19
55
32
23
$33,375,816
$31,585,0941
$631,702
Mar -19
75
43
32
$51,027,881
$47,441,881
$948,838
Apr -19
72
42
30
$94,747,898
$91,479,627
$1,866,725
May -19
Jun -19
THRU APR 19
834
408
426
$965,399,579
$935,360,586
$18,788,863
Average
83
41
43
$96,539,9581
$93,536,059
$1,878,886
Low
55
26
23
$33,375,816;
$31,585,094
$631,702
High
119
51
71
$212,485,401
$207,882,401
$4,167,648
MONTHLY (UNAUDITED)
DOCUMENTS AND EXHIBITS
Nantucket Land Bank Commission
Regular Meeting of May 14, 2019
1. Easy Street — Bulkhead Inspection Documents
2. Property Foreman/Environmental Coordinator — Review Agenda
3. Pictures of Settlers Landing
4. Pictures and aerials of Wood Property
5. Washington Street Extension Property aerial
6. Smooth Hummocks Share 9 Proposed Roads aerial
7. 40th Pool map and signs
8. Head of the Plains Proposed Trail aerial
9. Norwood Farm Proposed Trail aerial
10. Mt. Vernon Farm/Sustainable Nantucket — Shed pictures, aerials and letter
11. Moors End Shed drawings and location map
12. Apthorp/Wedding Ceremony Request
13. Check Warrant Summary - Clubhouse
14. Action Item List
15. Pie Charts
16. Monthly Transfer Report — April 2019
17. Current "M" Exemption (see transfer business for record nos.)
18. Current "O" Exemption (see transfer business for record no.)
19. "M" Exemption Updates (see transfer business for record nos.)
20. Fiscal Year Transfer Statistics and Graphs — April 2019
21. Check Warrant Summaries dated April 9, 2019
22. Pilot Whale sewer easement elimination documents and plan
23. 10 Medouie Creek Right of First Refusal — aerial and documents
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of May 14, 2019
1. April 2019 Transfers — Record Nos. 40576 through 40648
a. Current "M" Exemptions and Liens:
No. 40593 Robert E. Steber, Jr. and Julie Michelle Steber
No. 40601 Martin I. Anguelov and Desi V. Anguelova
No. 40613 Anastasia Cher and Sean K. Reid
b. Current "O" Exemptions and Liens:
Nos. 40603/40604 Johnny Beans and Sharon Beans
2. Transfer Update:
a. Two -Year Ownership Non-Compliance/Request for Waiver & Release of Lien
No. 38325 Joseph Lloyd and Holland Talbott
b. Two -Year Ownership Non -Compliance — Release of Lien
No. 40081 Casey W. Santos and Ashley A. Martin
AGENDA
Nantucket Land Bank Commission
Regular Meeting of May 14, 2019
Land Bank Conference Room, 22 Broad Street
Nantucket, Massachusetts
CALL TO ORDER: 4:00 P.M.
A. CONVENE IN OPEN SESSION
1. PUBLIC COMMENT / STAFF ANNOUNCEMENTS
2. PROPERTY MANAGEMENT
a. Easy Street Bulkhead Replacement — Presentation by AGM Marine Contractors
b. Property Foreman and Environmental Coordinator — Quarterly Review
c. Codfish Park Playground — Shade Proposal Update
d. Discovery Playground at Hinsdale Park — Execution of Utility Easement
e. Cisco Beach Use Request — Nantucket Island Surf School
f. Mt. Vernon Farm/Sustainable Nantucket — Request for Storage Shed
g. Moors End Farm — Shed Proposal for Irrigation Pump
h. 2019 Event Requests — Policy Review
i. Apthorp/32 Western Ave — Request for Wedding Ceremony
3. GOLF BUSINESS
a. Miacomet Golf Clubhouse Replacement — Project Update
b. Warrant Authorization — Clubhouse Requisition
4. APPROVAL OF MINUTES
a. Regular Meeting of April 23, 2019 and Special Meeting of April 30, 2019
5. TRANSFER BUSINESS
a. Current "M" Exemptions
b. Current "O" Exemptions
c. Two -Year Ownership Non -Compliance — Request for Waiver/Release of Lien
6. FINANCIAL BUSINESS
a. Monthly Transfer Statistics
b. Warrant Authorization — Cash Disbursement
c. Warrant Authorization — Refunding 2016 Semi -Annual Bond Payment
7. REGULAR BUSINESS
a. Community Preservation Committee — 2019 Appointment
b. Pilot Whale Drive — Assent to Sewer Easement Elimination
c. Notice of Right of First Refusal — 10 Medouie Creek Road
B. EXECUTIVE SESSION: The Executive Session is for Purpose 6 [G.L. c. 30A, 21(a)(6)J. The
particular transactions and parcels of real estate are not identified since disclosure of the
property information may have a detrimental impact on the Land Bank's negotiating position
with one or more third parties. The Commission will not reconvene in open session at the
conclusion of executive session.
1. Approval of Executive Session Minutes
2. Real Estate Acquisition
ADJOURNMENT