HomeMy WebLinkAbout2021-3-2 zoom AGENDA • -,
Nantucket Land Bank Commission iL
Regular Meeting of March 22, 2021
Remote Participation via Zoom (see below*)
2g21 ;„, „ �,
CALL TO ORDER: 4:00 P.M.
A. CONVENE IN OPEN SESSION
1. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS
2. GOLF BUSINESS
a. Sconset Golf Course—Manager's Monthly Review
b. Miacomet Golf Course—Manager's Monthly Review
c. Warrant Authorization— Golf Capital Funds Transfer Request
3. PROPERTY MANAGEMENT
a. Sustainable Nantucket—Amendment to Lease Area
b. Sustainable Nantucket—Infrastructure Requests
c. Dean Long—Farming Proposal
d. Lily Pond Property—Easement Matter
e. Seasonal Commercial Use Policy - Review
4. APPROVAL OF MINUTES
a. Regular Meeting of March 9, 2021
5. TRANSFER BUSINESS
a. "M" Exemption Update—Release of Liens
6. FINANCIAL BUSINESS
a. Monthly Financial Report—February
b. Warrant Authorization— Cash Disbursement
B. EXECUTIVE SESSION: The Executive Session is for Purpose 6[G.L. c. 30A, 21(a)(6)]. 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
* Join Zoom Meeting
https://zoom.us/i/98192472206?pwd=d3R4T20xWkozSUNjbXBva2k2eEhwdz09
Meeting ID: 9819247 2206
Passcode: 167565
One tap mobile
+13126266799„98192472206#,,,,*167565# US(Chicago)
+16465588656„98192472206#,,,,*167565# US (New York)
Dial by your location
+1 312 626 6799 US (Chicago)
+1 646 558 8656 US (New York)
+1301715 8592 US (Washington DC)
+1 346 248 7799 US (Houston)
+1669 900 9128 US (San Jose)
+1253 215 8782 US (Tacoma)
Meeting ID: 9819247 2206
Passcode: 167565
Find your local number: https://zoom.us/u/aclWaiwgfV
IL\ OFFICE OF THE GOVERNOR
COMMONWEALTH OF MASSACHUSETTS
1-W..,-rkt STATE HOUSE' BOSTON, MA 02133 '-`y � (617) 725-4000
M'—
f. rigit
CHARLES D. BAKER KARYN E.POLITO
GOVERNOR LIEUTENANT GOVERNOR
ORDER SUSPENDING CERTAIN PROVISIONS
OF THE OPEN MEETING LAW,G.L.c.30A,§20
WHEREAS,on March 10,2020,I,Charles D.Baker,Governor of the Commonwealth •
•
of Massachusetts,acting pursuant to the powers provided by Chapter 639 of the Acts of 1950
and Section 2A of Chapter 17 of the General Laws,declared that there now exists in the
Commonwealth of Massachusetts a state of emergency due to the outbreak of the 2019 novel
Coronavirus("COVID-19");and
•
WHEREAS,many important functions of State and Local Government are executed by
"public bodies,"as that term is defined in G.LI c.30A,§ 18,in meetings that are open to the I
public,consistent with the requirements of law and sound public policy and in order to ensure
active public engagement with,contribution to,and oversight of the functions of government;
and
WHW+',REAS,both the Federal Centers for Disease Control and Prevention("CDC")and
the Massachusetts Department of Public Health("DPH")have advised residents to take extra
measures to put distance between themselves and other people to further reduce the risk of being
exposed to COVID-19. Additionally,the CDC and DPH have advised high-risk individuals,
including people over the age of 60,anyone with underlying health conditions or a weakened
immune system,and pregnant women, to avoid large gatherings.
WHEREAS, sections 7,8,and 8A of Chapter 639 of the Acts of 1950 authorize the
Governor,during the effective period of a declared emergency,to exercise authority over public
assemblages as necessary to protect the health and safety of persons;and
WHEREAS,low-cost telephone,social media,and other internet-based technologies are
currently available that will permit the convening of a public body through virtual means and
allow real-time public access to the activities of the public body;and
WHEREAS section 20 of chapter 30A and implementing regulations issued by the
Attorney General currently authorize remote participation by members of a public body,subject
to certain limitations;
.
®Iw.n,u on ll tcuo Cars
•
t
'
NOW THRREFORE,I hereby order the following:
(1) A public body,as defined in section 18 of chapter 30A of the General Laws,is s
hereby relieved from the requirement of section 20 of chapter 30A that it conduct its meetings in
a public place that is open and physically accessible to the public,provided that the public body s
makes provision to ensure public access to the deliberations of the public body for interested #
members of the public through adequate,alternative means.
{3{
Adequate,alternative means of public access shall mean measures that provide
transparency and permit timely and effective public access to the deliberations of the public
body. Such means may include,without limitation,providing public access through telephone, 1
internet,or satellite enabled audio or video conferencing or any other technology that enables the
public to clearly follow the proceedings of the public body while those activities are occurring. [
Where allowance for active,real-time participation by members of the public is a specific ;
requirement of a general or special law or regulation,or a local ordinance or by-law,pursuant to s
which the proceeding is conducted,any alternative means of public access must provide for such
participation.
A municipal public body that for reasons of economic hardship and despite best efforts is
unable to provide alternative means of public access that will enable the public to follow the
proceedings of the municipal public body as those activities are occurring in real time may
instead post on its municipal website a full and complete transcript,recording,or other
comprehensive record of the proceedings as soon as practicable upon conclusion of the
•
proceedings. This paragraph shall not apply to proceedings that are conducted pursuant to a
general or special law or regulation,or a local ordinance or by-law,that requires allowance for
active participation by members of the public.
A public body must offer its selected alternative means of access to its proceedings
without subscription,toll,or similar charge to the public. .
(2) Public bodies are hereby authorized to allow remote participation by all members in I
any meeting of the public body. The requirement that a quorum of the body and the chair be
physically present at a specified meeting location,as provided in CT.L. c.30A, §20(d)and in `
940 CMR 29.10(4)(b),is hereby suspended, t
e
(3) A public body that elects to conduct its proceedings under the relief provided in
sections(1)or(2)above shall ensure that any party entitled or required to appear before it shall a
be able to do so through remote means,as if the party were a member of the public body and
participating remotely as provided in section(2).
(4) All other provisions of sections 18 to 25 of chapter 30A and the Attorney General's i
implementing regulations shall otherwise remain unchanged and fully applicable to the activities
of public bodies. i
This Order is effective immediately and shall remain in effect until rescinded or until the
State of Emergency is terminated,whichever happens first.
Given in Boston at'(;,AM this 12th day of
March,two thousand and twenty. •
CHARLES D.BAKER
GOVERNOR •
• Commonwealth of Massachusetts
•
•
•
}
s •
MINUTES
Nantucket Land Bank Commission
Regular Meeting of March 22, 2021
Remote Meeting Via Zoom
The meeting took place via remote participation via Zoom pursuant to Governor Baker's March 12,
2020 Order regarding the Open Meeting Law(attached).
CALL TO ORDER: 4:00 p.m.
PRESENT: Mark Donato, Kristina Jelleme,Neil Paterson, Allen Reinhard
ABSENT: John Stackpole.
STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Assistant Director; Susan
Campese, Administrator/Finance Manager; Rachael Freeman, Environmental Coordinator; Marian
Wilson, Assistant Administrator.
Miacomet Golf Course ("MGC") General Manager, Alan Costa; MGC Director of Agronomy,
Sean Oberly; Sustainable Nantucket, Managing Director, Posie Constable; Citizen, Bill Zeoli; were
also present at call to order.
I. CONVENE IN OPEN SESSION: A motion was made by Commissioner Reinhard and duly
seconded by Commissioner Jelleme to waive the reading of the Remote Meeting Instructions. A roll
call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; Neil Paterson-Aye;
Allen Reinhard-Aye.
A. CITIZEN BUSINESS/ANNOUNCEMENTS: None.
B. GOLF BUSINESS:
1. Sconset Golf Course ("SGC")—Manager's Monthly Review: The Commission
reviewed the balance sheet and profit and loss comparisons for February 2021.
2. Miacomet Golf Course ("MGC")—Manager's Monthly Review: The Commission
reviewed the balance sheet and profit and loss comparison for February 2021, as well as the check
register and departmental profit and loss summary for February 2021. Mr. Costa anticipated that the
MGC restaurant would continue to show a profit throughout the spring. The Trackman Golf
Simulator consultant has planned a site visit to train the staff to run the equipment on April 9th.
2021.
Mr. Costa, Mr. Oberly and Mr. Zeoli departed the meeting at 4:20 p.m.
C. PROPERTY MANAGEMENT:
1. Sustainable Nantucket ("SN")—Amendment to Lease Area: Ms. Freeman
Land Bank Commission Page 2
March 22, 2021
presented aerial maps with farm overlays from 2016 and 2017 that showed the expansion of the SN
farm operations as well as the wetland areas on the property. Further, she explained that the
additional 6 acres in the rear of the farm overlapped with the area Dean Long used to pasture his
goats. Ms. Constable explained that if the lease area could be changed it would allow the farmers to
cultivate more efficiently and Mr. Long was also amenable to the change. A motion was made by
Commissioner Jelleme and duly seconded by Commissioner Reinhard to amend the lease for
Sustainable Nantucket and accept the lease area reconfiguration to improve the farmable lots. A roll
call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye;Neil Paterson-Aye;
Allen Reinhard-Aye.
Additionally, Ms. Constable stated that there were several areas that needed drainage improvements
which could be accomplished through a ditch system with the excess runoff redirected into the
wetland area referred to as Pat's puddle. Ms. Freeman was concerned with the nutrient levels in the
runoff and recommended soil testing in these areas and would inquire if the proposed drainage
solutions would require Conservation Commission permitting. A motion was made by
Commissioner Jelleme and duly seconded by Commissioner Reinhard to allow the drainage
improvements provided soil testing was performed at the direction of Ms. Freeman. A roll call vote
was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; Neil Paterson-Aye; Allen
Reinhard-Aye.
2. Sustainable Nantucket—Infrastructure Requests: Ms. Freeman referred to an aerial
map of the farm layout which highlighted the farmer plots, existing storage and potential changes to
the property including new structures. The requests included: converting an existing utility building
to a heated greenhouse; adding a new greenhouse with wash station area; relocated an existing shed;
adding a new storage tent to replace the utility building that would be converted to the heated
greenhouse; two new cold storage units; bee yard storage and extraction shed. Ms. Constable
informed the Commission that Sustainable Nantucket had received grant money from the
Massachusetts Department of Agricultural Resources in the amount of$55,000 with the condition
that all structures must be installed by June 30, 2021. Further she planned to use Community
Preservation funds in the amount of$54,051 to install two new high efficiency well head pumps,
upgrade the heating system in an existing greenhouse and purchase and install one of the cold
storage unit and a bee yard shed for storage and honey extraction. Discussion followed her request
for an additional five structures and the conversion of two existing structures to assist with the
growth of farm operations. Ms. Constable stated that she would like to assist the Land Bank with
growing its agricultural piece of the Land Bank mission; the requested new structures would allow
the farmers to increase food production, storage and sales to benefit the island residents. The
Commission responded that they had concerns regarding the visual impact of adding additional
greenhouses and storage facilities and needed a better understanding of the current farm operations
and land use. Further, Commissioner Jelleme requested Ms. Constable submit a prioritized list of
items for review with financial information, as well as photographs of the cold storage units; she
should also inquire about potential Historic District Commission permitting which could delay her
expansion plans. Chairman Paterson inquired what Sustainable Nantucket's master plan was, as
there was not a clear picture and he was concerned with the continued creep over the land as well as
property being covered with plastic. The Commission agreed to table the discussion until the next
Land Bank meeting on April 13th and favored the idea of a planned site visit conducted by Ms.
Land Bank Commission Page 3
March 22, 2021
Constable to ascertain the needs of Sustainable Nantucket and familiarize themselves with the
current farm operations.
3. Dean Long - Farming Proposal: Ms. Freeman stated the Mr. Long agreed with the
reconfiguration of the lot lines separating the leased SN property from his goat pasture. Further, he
proposed a five-year license of the additional acreage to be farmed under his supervision with an
option to renew at the end of the initial five-year period. The general objective was to create an
organic farming program to grow flowers, vegetables, small fruit, grains, nursery plants and graze
animals. All farming infrastructure would be on Cisco Brewers property. Ms. Freeman reviewed the
proposal and noted that a phased implementation made sense. Discussion followed and Mr.
Savetsky recommended that Ms. Freeman follow up with Mr. Long for additional information and
explore any procurement issues. Mr. Savetsky also recommended the development of an RFP
process for agricultural properties prior to making any further commitments.
4. Lily Pond Property—Easement Matter: Mr. Savetsky reviewed an aerial map of
Lily Pond and informed the Commission that there was an issue with the public accessibility to Lily
Pond from the easement off Wesco place. Abutter, Hunter Zeising, gave the easement to the Land
Bank and installed the path, however it crossed over into two neighbors' lots and Mr. Ziesing's shed
sits partially on the easement. The solutions are to either move the path into the wetlands or require
Mr. Ziesing to move his shed so the entrance was out of the wetlands and off the neighbor's
properties. Mr. Ziesing said he would talk to the neighbors about granting easements for the path and
report back.
5. Seasonal Commercial Use Policy—Review: Ms. Bell stated that upon closer
review of the deed from the Nantucket Conservation Foundation ("NCF") for the Cisco Beach
acquisition, a restriction had been placed on commercial activity at the beach. The NCF board
addressed the ongoing commercial use of the property and voted to limit the use to one surfing
school and three food vendors and requested that each vendor be limited to one parking space. As of
this meeting, Ms. Bell has received a request from Gary Kohner to continue with his surfing school
and six additional requests for food vending this year. Ms. Bell requested input regarding parameters
for the vendors such as parking, size, and hours of operation. Due to the increased vendor interest,
Ms. Bell will assemble a request for proposals for mobile food vending services to be provided at
Cisco Beach to be reviewed at a future meeting. Ms. Bell presented a request for the Nantucket
Dreamland Theater to set up a 20' x 40' screen in the parking lot of the ballfields this summer for the
second year of a drive-in movie theatre. A motion was made by Commissioner Jelleme and duly
seconded by Commissioner Donato to support the concept and allow the use for 2021 provided it
meets with Town approval. A roll call vote was taken on the motion: Mark Donato—Aye; Kristina
Jelleme—Aye; Neil Paterson—Aye; Allen Reinhard—Aye.
D. APPROVAL OF MINUTES: A motion was made by Commissioner Reinhard and duly
seconded by Commissioner Jelleme to accept, approve, and release the regular session minutes of
March 9, 2021, as written. A roll call vote was taken on the motion: Mark Donato-Aye; Kristina
Jelleme-Aye;Neil Paterson-Aye; Allen Reinhard-Aye.
E. TRANSFER BUSINESS:
Land Bank Commission Page 4
March 22, 2021
1. "M" Exemption Update:
a. Five-Year Domicile and Ownership Compliance—Release of Liens: A
motion was made by Commissioner Reinhard and duly seconded by Commissioner Jelleme to
authorize the issuance of Releases of Liens for the following transfers as a result of the purchasers
fulfilling all of the requirements of Section 12, subsection (-m-):
No. 37214 Varban Ivanov
No. 37230 Norris Feare
No. 37231 Tyler W. Herrick and Alyson J. Herrick
No. 37269 Dayton H. Theall
No. 37287 Mary Byrne Bergman
No. 37298 Kevin A. MacArthur and David W. Mac Arthur
A roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; Neil Paterson-Aye;
Allen Reinhard-Aye.
b. Five-Year Ownership Non-Compliance—Payment/Release of Lien/No.
40246 Jeremy B. Trottier and Sarah E. Trottier: Ms. Campese explained that the purchasers will be
selling the property prior to the five-year ownership requirement and will pay the fee, penalty, and
accrued interest. A motion was made by Commissioner Reinhard and duly seconded by Commissioner
Donato to authorize the release of lien to be provided to the owners or their representative upon payment
of the fee, penalty and accrued interest. A roll call vote was taken on the motion: Mark Donato-Aye;
Kristina Jelleme-Aye; Neil Paterson-Aye; Allen Reinhard-Aye.
F. FINANCIAL BUSINESS:
1. Monthly Financial Report: The Commission accepted the February 28, 2021
financial report including the balance sheet and income statement previously provided by email.
2. Warrant Authorization—Cash Disbursements: A motion was made by
Commissioner Reinhard and duly seconded by Commissioner Jelleme to approve and execute the
March 22, 2021 warrant document in the amount of$49,467.93 to be provided to the county
treasurer. A roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; Neil
Paterson-Aye; Allen Reinhard-Aye.
Ms. Constable departed the meeting at 6:02 p.m
II. EXECUTIVE SESSION: A motion was made by Commissioner Donato and duly seconded by
Commissioner Jelleme 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 on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; Neil Paterson-Aye; Allen Reinhard-
Aye. The Chairman declared under Purpose 6 [G.L. c. 30A, 21(a)(6)]. The Chairman further
announced that the Commission would not reconvene in regular session at the conclusion of
Land Bank Commission Page 5
March 22, 2021
executive session.
ADJOURNMENT: Upon a motion made by Commissioner Reinhard and duly seconded by
Commissioner Jelleme, it was VOTED to adjourn at 6:40 p.m.
r%
Attested to: a-./
9
Mark Donato, Secretary
Accepted, Approved, and Released by the VOTE
of the Commission this 13th day of April 2021.
InGwi
Neil Paterson, Chairman
Z..
r I,- CO V) CO r CD U) O m .- ,- Q) V) CO V) m 0 - Q
N N CO V) CO N V: m '- CA co CO N I� '- CO m 0 h M ILO VO) 0 o , V C) o N- ") h
p M M U) N p M N - N- V) m m O N V) O h ~
N CO V) 1� m N M O FA m M V' V) N N m (A f9 co Cl a) CU N N U N CO o O N
v_ m Oa CO (O CO CO M CO (O CO ; N CO O C0 E O r) O v_ (0
CO m co ,- to CO co o Ci o rn ri v_ rn vi ui p E
N V V) V' V' N m N N - V C9 N N co T N O V CO T M M O (0 p
69 N O M O (9 69 69 M CO 69 69 N N r -- M V' O co co Oo M N".
C:-*
M
N (9 M C9 w r M 63 d vi
CO 69 ro) 69 al
69 ; C C w
Q Q
•
1 r co W V) N- - CA V) O 1- N. CO 0) O) CO m O N •-
N CO N- O e- N m CO • V) CO CO co m N co N O O N = N N F j F
NC)
(V V N 0) p m t` V) (O 1� O r m O CJ V)
N m o) N 0 N N- o i9 n M M u) m n o o 2 7 _ 0 � W , z Z
.- O) O N m (A 0) ,- ,- (D N. m CO m V) O) CO -
m o O co m o N o Di ,- M V' CA N N ti r C 0) O 2 C _ 0 co 2 w
M m o o M o i9 Ma. va !9 N c- 0) (O - U > > >. j '�O a
N(9rA w `9 w (a a�4i 15 d _ -- 'c H a
00 �) C Ca z
l)H d - c) c m Q 'G R z ~
a -J a. J m
NO Q w
LO N < - n m
_ o a n z Z J
a m < D Q Q
OJ OJ - aa' -gyp a Q 0 Q
LU O V) V) LU N O O V) V) u) V V) V) V) O c y F a z
T. O N V) Y N- O O N N N N N N N V) P. �j �- 0 O Z
O O O .- O O O O O O o O O O T CO Q
LL li a C -J
m ar` Q
C = ) I-
n `0 a 69 0
E Q. IIi o ~
c
`m
0 o a
W O V) V) LU O O V) V) V) N N 1f) V) O C
�• O N V) r 1' O O N N N N N N N m
CO C O C •- O C O O O C) O O O O -
Co 10
'7
1
r
N
H N
W
aoCD
up- o
O � Vi O O mD VO m (0 L. �_
al .--
V - C (D - co co co (0 r (° n coi N 3
O X .� (9 -i cci a+ N» (» w ti is
to Lei 0
d D E 2 N O O O— vi Ca
LL LL Z 0 0
Z (I-. 0 N E N CO U
os co tr.
0 O w O LL m o W W 0- O. a
U) N
H co a U o) Z m .N 0 0 co
c
0O w co ^ m a) wc � N- co E a On
0 n CC co X E co ' .� M �Q� Y � C[ Z � UQ S.
U W = X 7 M re a) a) n X — X co CCn a) a) a) Ca
Z u) o X @ 30 .Q 0 E Z >. a
CC (Dcp -0
Z � U) U- Q X U) am) ate) o E o u) tD N U m m a) u) 3
m Q z mcg in Z � � � w � W � 'QC � O FN.' pop N o
0 = C o U 0 = m m C W Ui m O (o m a) C N O O ,C
Z O m t_ca g O c -2 � U2 W = C7U2 � m o C LO c) Q c
Z
z a o mm o = � � � � � � � a a a
Q OUu) F Q QQ :... cnz0z2 (oz .- m o m Z. m e w . m
LL LL v LL n rn .N m W N E y E E rn It
W O c c c O N - o-c c c c C c c .c U p •i', N N N ,- r- a) I-
, Y W Z mmm N Z U) U) Qmmmmmmm > c - Z N m N N m Cl) a) 4t 0 Cl) m 0
V ~ W W W U) m 0 _ .N a .� Q .0 .Q z 0 0 Z I- w
0 2 m a� a� z 2 Y Y Y a) a� a� m w LL v v u p z 0 a) 0 0 0
YY Y Y Y YY YYY E U) N ,C C a) C m N a) Z J
- F. 7 7 7 J m m m0000000a, 2 O J 7 7 7 L J Q m m Q N _Q Q ....03
w m m J Q
Z Q Q C C C Q Q m m m C C C C C C C C.N Fa.. 1--. Z O m m m I- ~ T ` F ~
Q Z I- m cam ~ 1- CO U U) m m m m m m m .E O O o C o c o •C 0 O m m ( 0 O or
Z = - U) ZZZ Ot U) D DDZZZZZZZ = U OC I- CO N ` N ` N ` F- Z 2IJ f- 1-- -.
DOCUMENTS AND EXHIBITS
Nantucket Land Bank Commission
Regular Meeting of March 22, 2021
1. Sconset Golf Course—Financial Reports February 2021
2. Miacomet Golf Course—Financial Reports February 2021
3. Sustainable Nantucket Aerial Maps
4. Sustainable Nantucket New Structure Requests
5. Long Farming Proposal
6. Dreamland Theatre Request
7. "M" Releases of Liens (see transfer business for record nos.)
8. Land Bank Financial Statements—February 2021
9. Check Warrant Summary dated March 22, 2021
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of March 22, 2021
1. "M" Exemption Update:
a. Five-Year Domicile and Ownership Compliance—Releases of Liens:
No. 37214 Varban Ivanov
No. 37230 Norris Feare
No. 37231 Tyler W. Herrick and Alyson J. Herrick
No. 37269 Dayton H. Theall
No. 37287 Mary Byrne Bergman
No. 37298 Kevin A. MacArthur and David W. Mac Arthur
2. Transfer Update:
a. Five-Year Ownership Non-Compliance—Payment/Release of Lien
No. 40246 Jeremy B. Trottier and Sarah E. Trottier