HomeMy WebLinkAbout2021-4-13 AGENDA
Nantucket Land Bank Commission '`
Regular Meeting of April 13, 2021
Remote Participation via Zoom (see below*)
1
2021
CALL TO ORDER: 4:00 P.M.
A. CONVENE IN OPEN SESSION
1. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS
2. PROPERTY MANAGEMENT
a. Coastal Resilience Planning—Woods Hole Group Introductory Presentation
b. 30 Mizzenmast Ext/Employee Housing Renovations—Discussion
c. Maintenance Facility Storage Building/Pole Barn—Update
d. Cisco Beach Vendor Request—Nantucket Island Surf School
e. Gardner Farm—Request to Amend Dog Ban
f. 168 Hummock Pond Rd— Sustainable Nantucket Site Plan Amendment Request
3. TRANSFER BUSINESS
a. Current"M" Exemptions
4. APPROVAL OF MINUTES
a. Regular Meeting of March 22, 2021 and Special Meeting of April 2, 2021
5. FINANCIAL BUSINESS
a. Monthly Transfer Statistics
b. Warrant Authorization— Cash Disbursement
6. REGULAR BUSINESS
a. Action Items
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
C. ADJOURNMENT
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AGENDA
Nantucket Land Bank Commission
Regular Meeting of April 13, 2021
Remote Participation via Zoom (see below*)
CALL TO ORDER: 4:00 P.M.
A. CONVENE IN OPEN SESSION
1. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS
2. PROPERTY MANAGEMENT
a. Coastal Resilience Planning—Woods Hole Group Introductory Presentation
b. 30 Mizzenmast Ext/Employee Housing Renovations—Discussion
c. Maintenance Facility Storage Building/Pole Barn—Update
d. Cisco Beach Vendor Request—Nantucket Island Surf School
e. Gardner Farm —Request to Amend Dog Ban
f. 168 Hummock Pond Rd— Sustainable Nantucket Site Plan Amendment Request
3. TRANSFER BUSINESS
a. Current"M" Exemptions
4. APPROVAL OF MINUTES
a. Regular Meeting of March 22, 2021 and Special Meeting of April 2, 2021
5. FINANCIAL BUSINESS
a. Monthly Transfer Statistics
b. Warrant Authorization— Cash Disbursement
6. REGULAR BUSINESS
a. Action Items
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
C. ADJOURNMENT
*Join Zoom Meeting
https://zoom.us/j/91010202495?pwd=ZIImZHBiOWRudXdNOTBJUUZRTTMxdz09
Meeting ID: 910 1020 2495
Passcode: 503880
One tap mobile
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Meeting ID: 910 1020 2495
Passcode: 503880
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6Y� OFFICE OF THE GOVERNOR
COMMONWEALTH OF MASSACHUSETTS
1-Wik /, STATE HOUSE• BOSTON, MA 02133
�' i! (617) 725-4000
wig*. f,
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.L. c,30A, § 18,in meetings that are open to the
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
WHEREAS,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
WI-[EREAS,low-cost telephone,social media,and other intemet-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;
(E)5.„..„o Roman PH.,
NOW THEREFORE,1 hereby order the following: .
(I) A public body,as defined in section 18 of chapter 30A of the General Laws,is ,
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
makes provision to ensure public access to the deliberations of the public body for interested f
members of the public through adequate,alternative means.
Adequate,alternative means of public access shall mean measures that provide
i !
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, ;
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, i
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
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 1
t
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 G.L.c.30A,§20(d)and in
940 CMR 29.10(4)(b),is hereby suspended. t
(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 i
be able to do so through remote means,as if the party were a member of the public body and f
participating remotely as provided in section(2), t •
(4) All other provisions of sections 18 to 25 of chapter 30A and the Attorney General's
implementing regulations shall otherwise remain unchanged and fully applicable to the activities
of public bodies, 1
t
,
This Order is effective immediately and shall remain in effect until rescinded or until the
State of Emergency is terminated,whichever happens first,
i
Given in Boston at d J, tM this 12th day of
March,two thousand and twenty.
Chu—L'4-7 /1--113"r
CHARLES D.BAKER
GOVERNOR
• Commonwealth of Massachusetts
•
•
•
MINUTES
Nantucket Land Bank Commission
Regular Meeting of April 13, 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, John Stackpole.
STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Assistant Director; Susan
Campese, Administrator/Finance Manager; Marian Wilson, Assistant Administrator; Rachael
Freeman, Environmental Coordinator; Guthrie Diamond, Field Ecologist; Jeff Pollock, Property
Foreman.
Elyse Leduc, Woods Hole Oceanographic Institute Coastal Scientist; and Brian Bushard, Inquire
and Mirror Reporter; were also present at call to order.
I. CONVENE IN OPEN SESSION: A motion was made by Commissioner Reinhard and duly
seconded by Commissioner Stackpole to waive the reading of the remote meeting instructions. A
roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; Allen Reinhard-
Aye; John Stackpole-Aye; Neil Paterson-Aye
A. PUBLIC COMMENT / STAFF ANNOUNCEMENTS: None.
B. PROPERTY MANAGEMENT:
Jason Graziadei, of N Magazine entered the meeting at 4:08 p.m.
1. Coastal Resiliency Planning—Woods Hole Group Introductory Presentation: Ms.
Leduc presented a synopsis of coastal resiliency to the Commission. She noted that the main goals
were to design waterfronts properties to be more resilient from flooding events. Ms. Leduc
explained how data collected was utilized to create models for various coastal areas and projected
future locations that would be vulnerable to coastal flooding. Ms. Leduc reviewed three processes
needed to improve and protect shorelines which included property vulnerability assessment,
adaptation planning for properties, and policy and regulatory reform. The Woods Hole Group has
been tasked with studying Land Bank Washington Street properties to identify coastal resiliency
options for the Land Bank to consider as it moves forward with improvement projects for these
potentially vulnerable properties. Going through this process will serve as an educational exercise
for future decision making with regard to property acquisition and property planning.
Ms. Leduc departed the meeting at 4:22 p.m.
Land Bank Commission Page 2
April 13, 2021
Mr. Frank Daily entered the meeting at 4:23 p.m.
2. 30 Mizzenmast Ext/Employee Housing Renovations Discussion: Eric Savetsky
informed the Commission that the home originally built in the 1970's had been used for Miacomet
Golf Course employee housing and is in need of major repairs. Mr. Pollock had inspected the house
and noted that the bones of the building were good, however, it lacked a full foundation, was poorly
insulated and had leaky windows. He recommended renovating the home to bring it up to current
building codes and improve energy efficiency. Discussion followed and the current location of the
house was discussed in relation to the trails and whether it made sense to relocate the building
elsewhere on the property at the time of renovation. A motion was made by Commissioner
Reinhard and duly seconded by John Stackpole to approve the house renovation and authorize Mr.
Savetsky to hire an architect and structural engineer as needed to examine the property and develop
a renovation plan. A roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-
Aye; Allen Reinhard-Aye; John Stackpole-Aye; Neil Paterson-Aye
3. Maintenance Facility Storage Building/Pole Barn Update: Mr. Savetsky informed
the commission that Architect, Benjamin Norman, had been hired to assist with the maintenance
storage facility/pole barn renovation at the workshop. He determined that the garage structure has
historic significance to the Marble Farm and should be renovated rather than razed. Mr. Savetsky
reviewed an aerial photograph of the workshop area and reported that staff recommended relocating
the garage prior to renovation and at a future date a heated pole barn be constructed in its current
location. A motion was made by Commissioner Reinhard and duly seconded by John Stackpole to
approve the relocation and storage building renovation. A roll call vote was taken on the motion:
Mark Donato-Aye; Kristina Jelleme-Aye; Allen Reinhard-Aye; John Stackpole-Aye; Neil Paterson-
Aye
4. Cisco Beach Vendor 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.
Kohner 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 keeping the $7,500 fee charged for the 2020 season. Discussion
followed regarding employee parking concerns for the 2021 summer season. A motion was made
by Commissioner Stackpole and duly seconded by Commissioner Jelleme to approve the request
with the annual fee of$7,500. A roll call vote was taken on the motion: Mark Donato-Ave; Kristina
Jelleme-Aye; Allen Reinhard-Aye; John Stackpole-Aye; Neil Paterson-Nay.
5. Gardner Farm—Request to Amend Dog Ban: Mr. Daily requested the
Commission reconsider the ban placed on walking his dogs on Land Bank properties. He claimed
that during the past two years, he has followed all Town of Nantucket guidelines, hired a personal
dog trainer, and has taken each dog separately on walks around various town locations for the past
year without incident. The dogs are leashed and required to wear a basket muzzle and both he and
the dogs have completed a retraining course. Ms. Bell told the Commission that the Town of
Nantucket had granted him access to town properties with several conditions and she recommended
Land Bank Commission Page 3
April 13, 2021
those same conditions be required on Land Bank properties. Further, she noted that Mr. Daily
would need insurance that would indemnify the Land Bank. The Commission asked staff to draft a
motion consistent with the terms discussed that would allow Mr. Daily to regain access to some
Land Bank properties to walk his dogs with specific limitations. The Commission would review the
draft motion at the next Land Bank meeting.
Mr. Daily and Mr. Pollock departed the meeting at 5:10 p.m.
Mr. Kohner entered the meeting at 5:10 p.m.
Chairman Paterson relayed the vote to allow Mr. Kohner to operate his surf school at Cisco Beach
for 2021, however he explained the employee parking concerns the Commission had. Mr. Kolmer
thanked the Commission for their support and confirmed that he would monitor his employees
parking habits and encourage carpooling and alternative transportation.
Mr. Kohner departed the meeting at 5:14 p.m.
6. 168 Hummock Pond Rd. - Sustainable Nantucket Site Plan Amendment Request:
Mr. Savetsky presented a request to amend their recent site plan approval to allow the bee shed to
stay on the right side of the driveway, and to change the location of one of the CoolBot's. Mr.
Savetsky reported that he viewed the proposed locations and the bee shed would be somewhat
visible from Hummock Pond Road, but the Coolbot location did not impact views across the
property on the right side of the driveway. A motion was made by Commissioner Stackpole and
duly seconded by Commissioner Reinhard to approve the relocation of the CoolBot but to deny the
request to site the bee shed on the right side of the driveway. A roll call vote was taken on the
motion: Mark Donato-Aye; Kristina Jelleme-Aye; Allen Reinhard-Aye; John Stackpole-Aye;Neil
Paterson-Aye.
C. TRANSFER BUSINESS:
1. March 2021 Transfers—Record Nos. 42915 through 43040. The Commission reviewed
transfers for the period of March 1, 2021 through March 31, 2021.
a. Current"M" Exemptions and Liens: The Commission authorized the placing of
liens against the following property as a result of the purchasers claiming the "M" exemption as first-time
buyers of real property:
No. 42915 Elizabeth A. Baraldi and Daniel J. Weber
No. 42916 Jeffrey Michael Paul and Rachel Caitlin Paul
No. 42957 Carlos D. Portillo Valles and Carlos A. Portillo Rivera
No. 42958 Megan E. Trudel and Timothy A. Trudel
No. 42969 Peter Dupont and Caitlin Dupont
No. 42986 Anja Durkovic
No. 43013 Lucia Lemus
No. 43023 Thayer V. Hale and Eben G. Hale
No. 43031 Christopher J. Bistany and Justine Lee Bistany
Land Bank Commission Page 4
April 13, 2021
2. Transfer Update:
b. Request for Waiver/Release of Lien: No. 25765 David Lower and H.
Jamison Lower: Ms. Campese explained that Mr. and Mrs. Lower had purchased the property at
24B Park Circle in 2005 and years into the domicile requirement, they purchased and moved to
another property and broke the "M" exemption. The Commission voted a Notice of Assessment as
the Lowers provided no additional information regarding their situation nor had they requested a
hearing. An unsubordinated lien was placed on the property in 2010 and renewed in 2018. Ms.
Campese told the Commission that Mr. Lower has since moved back into the property that the
exemption was claimed due to a divorce and was asking for some relief as the interest which has
been accruing since 2005 and had grown to over $9,000. Staff recommended waiving the interest
and requiring Mr. Lower to the fee ($4,000) and the penalty ($1,000). A motion was made by
Commissioner Donato and duly seconded by Commissioner Stackpole to waive the accrued interest
and to execute and authorize the issuance of release of lien that will be provided to Mr. Lower or his
representative upon payment of the fee and penalty. A roll call vote was taken on the motion: Mark
Donato-Aye; Kristina Jelleme-Aye; Neil Paterson-Aye; Allen Reinhard-Aye; John Stackpole-Aye.
D. APPROVAL OF MINUTES: A motion was made by Commissioner Jelleme and duly
seconded by Commissioner Reinhard to accept, approve, and release the regular session minutes of
March 22, 2021, and the special meeting minutes of April 2, 2021as written. A roll call vote was
taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; Neil Paterson-Aye; Allen Reinhard-
Aye; John Stackpole-Aye.
E. FINANCIAL BUSINESS:
1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing fiscal
years 2020 and 2021 through March 2021 were presented.
2. Warrant Authorization— Cash Disbursements: A motion was made by
Commissioner Donato and duly seconded by Commissioner Reinhard to execute the April 13, 2021
warrant document in the amount of$432,440.61 to be provided to the county treasurer. A roll call
vote was taken on the motion: Mark Donato-Aye; Neil Paterson-Aye; Allen Reinhard-Aye.
Commissioner Jelleme abstained from the vote.
Mr. Grazadei and Mr. Bushard departed the meeting at 5:41 p.m.
II. EXECUTIVE SESSION: A motion was made by Commissioner Reinhard and duly seconded by
Commissioner Stackpole 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; John Stackpole -Aye. The Chairman declared under Purpose 6 [G.L. c. 30A.
21(a)(6)] that discussion of these matters in open session may be detrimental to the Land Bank's
negotiating position. The Chairman further announced that the Commission would not reconvene in
•
Land Bank Commission Page 5
April 13, 2021
regular session at the conclusion of executive session.
ADJOURNMENT: Upon a motion made by Commissioner Reinhard and duly seconded by
Commissioner Donato, it was VOTED to adjou% p.m.
Attested to:
Mark Donato, Secr ry
Accepted, Approved, and Released by the VOTE
of the Commission this 27th day of April 2021.
Neil Paterson, Chairman
MONTFIL TR/,NSFER,STATISTICS SGAL YEAR 202Q - „ _
FY20 Total Exempt Taxable Total Gross 1 Gross Revenue
Month Transfers Transfers Transfers Value Value Taxable Received
Jul-19 89 56 33 $94,955,156 $89,775,156 $1,796,308
Aug-19 99 46 53 $106,405,4711 $102,684,583 $2,063,692
Sep-19 93 48 45 $80,267,845 $77,392,845 $1,549,917
Oct-19 109 49 60 $139,977,4501 $137,527,117 $2,759,542
Nov-19 99 51 48 $110,400,7531 $107,270,753 $2,145.415
Dec-19 112 71 41 $104,991,606 $88,127,806 $1,772,556
Jan-20 89 47 42 $109,790,691 $101,405,024 $2.028.080
Feb-20 64 43 21 $41,203,812 $39,403,812 $788:096
Mar-20 50 31 19 $36,463,7141 $34,508,714 $690,174
Apr-20 49 27 22 $45,321,960 $43,866,510 $877,330
May-20 36 18 18 $57,099,813 $55,087,313 $1;111.746
Jun-20 52 29 23 $50,331,500 $50,331,500 $1.012480
THRU MAR20 804 442 362 $824,456,498 $778,095,810 $15.593,781
Average 78 43 35 $81,434,148 $77,281,761 $1;549,611
Low 36 18 18 $36,463,714; $34,508.714 $690.174
High 112 71 60 $139,977,450 $137,527.117 $2759.542
MONT-ILY}TRANSFER S ATIS GS2FISCAL YEAR12,P9 .:1 ' >. {,:--=';.-i-;24.'-'1-,24::. : ` "
FY21 Total Exempt Taxable Total Gross 1 Gross Revenue
Month Transfers Transfers Transfers Value 1 Value Taxable Received
Jul-20 101 57 44 $137,529,158, $130,894,991 $2,617.900
Aug-20 104 49 55 $176,375,099; $171,288,925 $3,435.779
Sep-20 159 42 117 $363,276,1371 $362,676.137 $7.253.523
Oct-20 201 68 133 $373,250,7511 $367,511.350 $7.359.923
Nov-20 121 40 81 $218,588,228 j $214,313.827 $4.286.277
Dec-20 256 146 110 $307,862,539, $302,257.539 $6,053.651
Jan-21 118 60 50 $108,513,6351 $102,961.135 $2,069,223
Feb-21 87 48 39 $107,677,305 $99.427.305 $1.988.546
Mar-21 125 62 63 $149,643,4081 $144,563,748 $2,903,275
Apr-21 G
May-21
Jun-21
THRU MAR 21 1,272 572 692 $1,942,716,260 $1,895,894,958 $37,968,096
Average 141 64 77 $215,857,362{ $210,654,995 $4.218.677
Low 87 40 39 $107,677,305 $99,427,305 $1,988.546
High 256 146 133 $373,250,751 $367,511,350 $7.359.923
MONTHLY(UNAUDITED)
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of April 13, 2021
1. March 2021 Transfers—Record Nos. 42915 through 43040
a. Current "M" Exemptions and Liens:
No. 42915 Elizabeth A. Baraldi and Daniel J. Weber
No. 42916 Jeffrey Michael Paul and Rachel Caitlin Paul
No. 42957 Carlos D. Portillo Valles and Carlos A. Portillo Rivera
No. 42958 Megan E. Trudel and Timothy A. Trudel
No. 42969 Peter Dupont and Caitlin Dupont
No. 42986 Anja Durkovic
No. 43013 Lucia Lemus
No. 43023 Thayer V. Hale and Eben G. Hale
No. 43031 Christopher J. Bistany and Justine Lee Bistany
2. Transfer Update:
a. Request for Waiver/Release of Liens:
No. 25765 David Lower
DOCUMENTS AND EXHIBITS
Nantucket Land Bank Commission
Regular Meeting of April 13, 2021
1. Woods Hole Group Coastal Resiliency Introductory Power Point
2. Photographs of 30 Mizzenmast Ext. house repairs needed
3. Aerial GIS map photo of 125 Somerset Rd. - Maintenance storage/pole barn
4. Monthly Transfer Report—March 2021
5. Current "M" Exemptions (see transfer business for record nos.)
6. Gary Kohner Letter to the Land Bank
7. Frank Daily Email Request
8. Fiscal Year Transfer Statistics and Graphs — March 2021
9. Check Warrant Summary dated April 13, 2021