HomeMy WebLinkAbout2023-5-9AGENDA
Nantucket Land Bank Commission
Regular Meeting of May 9, 2023
band Bank Conference Room, 22 Broad Street
CALL TO ORDER: 4:00 P.M_
A. CONVENE IN OPEN SESSION -"
1 _ PUBLIC COMMENT /STAFF ANNOUNCEMENTS:.'
2. Alt__ BUSINESS '-'
a. 168 Hummock Pond Road —Sustainable Nantucket License Renewal ��
b. Community Garden — Survey Results and Next Steps
3. PROPERTY MANAGEMENT '
a. Town Wastewater Treatment Facility —Execution of License Pursuant to Request for
Assistance with Natural Heritage Mitigation Obligations
b. 70 Washington Street — Amendment to Escrow Agreement
e. Various Locations — Maria Mitchell Association Discovery Camp Request
d. 1 13 Madaket Road — Schedule Site Visit
e. Land Bank Properties — Horse Pasturing Discussion
£ 69R Sur£side —Encroachment Matter
g. Capital Projects -Discussion
h. Creeks Preserve/174 Orange Street - ACKlimate Event Request (9/14/23)
4. REGULAR BUSINESS
a. Island Coastal Conference -Discussion
5. TRANSFER BUSINESS
a. Current "M" Exemptions
b. Current "O" Exemptions
6. APPROVAL OF MINUTES
a. Regular Meeting of April 25, 2023
7. FINANCIAL BUSINESS
a. Monthly Transfer Statistics
b. Warrant Authorization —Cash Disbursement
c_ Warrant Authorization Refitrtding 2016 Semi -Annual Bond Payment
8_ COMMISSIONERS ADDITIONAL QUESTIONS AND CONCERNS
B_ EXECUTIVE SESSION: The Executive 5'ession is for Purpose 6�G-L- c- 30-4, 2I(a)(6)J_ The
particular lransacrions and parcels of real estate are nor identfed since disclosure of the properfy
itzformation may have a delrimenYa7 impact on the Land I3ank's negotiating position with one or more
thirdpartie_s,- andfor Purpose 3 30A, 2I('-)(3)J, discussions concerning strategy with respect
to potential and ongoing Iitigarron. The G'ommissiors will not reconvene in open session at the
conclusion of executive session.
7 _ Approval of Executive Session Minutes
2_ Ongoing Litigation Matters:
a. Land Court Department Action No, 20MISC000058: The Ceylon Elves, LLC v.
Nantucket Islands Land Bank Commission (3 8c 313 Wyer's Way)
b. Land Court Department Action No. 22 MISC 000409: Nantucket Islands Land Bank v_
Hunter S. Ziesing and Marcy E- Ziesing, Co -Trustees of the Lampoon Nominee Trust (6
Wesco Place)
e. Suffolk Superior Court Docket No_ 2284CV02606: Richard Corey, Trustee of Twenty -
One Commercial Wharf Nom inee Trust — Massachusetts Department of Environmental
Protection, NanLucket Islands I -and bank, and Nantucket Conservation Commission.
(Petrel Landing/17 Commercial Street)
3. Real Estate Acquisition
C. ADJOURNMENT
MINUTES
Nantucket Land Bank Commission
Regular Meeting of May 9, 2023
Land Bank Conference Room, 22 Broad Street
Nantucket, Massachusetts
CALL TO ORDER: 4:00 p.m.
PRESENT: Mark Donato, Kristina Jelleme, Neil Paterson, Allen Reinhard, John Stackpole.
STAFF PRESENT: Jesse Bell, Executive Director; Susan Campese, Administrator/Finance
Manager; Rachael Freeman, Director of Environmental and Agricultural Resources; Eleanor
Antonietti, Special Projects Coordinator.
Chair of NP&EDC, Mary Longacre was also present at call to order.
I. CONVENE IN OPEN SESSION:
A. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS: Ms. Campese announced that the
Land Bank had received a $5,000 rebate from National Grid for switching to an energy efficient
heat pump for heating and cooling in the conference room.
B. AGRICULTURAL BUSINESS:
1. 168 Hummock Pond Road — Sustainable Nantucket License Renewal: Ms.
Freeman asked to table this discussion because Sustainable Nantucket asked for some amendments
to the license.
2. Community Garden — Survey Results and Next Steps: Ms. Freeman reported that
the survey had received over two hundred responses and the results were overwhelming in favor of
additional community gardens. Ms. Freeman said identifying a location is the next step.
Commissioner Jelleme asked staff to come back with recommendations to a future meeting.
C. PROPERTY MANAGEMENT:
1. Town Wastewater Treatment Facility — Execution of License Pursuant to Request
for Assistance with Natural Heritage Mitigation Obligations: Ms. Bell explained that the Town had
outstanding mitigation obligations for the wastewater treatment facility and as a result Natural
Heritage has refused to accept any new applications from the town. Ms. Freeman said since the
Land Bank has a good relationship with Natural Heritage, she has been helping the town to
negotiate a path forward which included the Land Bank taking over the management of the area.
Ms. Freeman said that the Land Bank had already been managing a good portion of this as it abuts
Land Bank parcels, and it is hard to see the lot lines. She said the cost involved was some staff time.
Ms. Bell said the town would grant a license for the 18.19-acre conservation area to the Land Bank
pending authorization for the conveyance in fee which needed to be approved at Special Town
Meeting in the fall. Upon a motion made by Commissioner Jelleme and duly seconded by
Land Bank Commission
May 9, 2023
Page 2
Commissioner Donato, it was unanimously VOTED to execute the license agreement subject to
amendments by Land Bank counsel.
2. 70 Washington Street — Amendment to Escrow Agreement: Ms. Bell reminded the
Commission that she had gotten several opinions from moving haulers that it was not worth moving
the house and the current escrow agreement with the former owner obligated him to demolish it at
the end of the lease term. Subsequently, the former owner (who is in the house moving business)
has requested to retain the house and move it to a new location, but he would need additional time
to accomplish it. He requested an extension until November 301h. Upon a motion made by
Commissioner Stackpole and duly seconded by Commissioner Reinhard, it was VOTED to amend
the escrow agreement to move or demolish the house by November 30, 2023.
3. Various Locations — Maria Mitchell Association ("MMA") Discovery Camp
Request: Ms. Antonietti presented a request from the Maria Mitchell Association to visit various
Land Bank properties two to three times per week for science -based exploration and activities
throughout the summer. As with past summers, there would be approximately 9 to 12 people per
group attending the Discovery camp and MMA would confirm property and activity location the
week prior with Ms. Antonietti. Upon a motion made by Commissioner Jelleme and duly seconded
by Commissioner Reinhard, it was unanimously VOTED to approve the MMA Discovery camp
request as recommended by staff.
4. 113 Madaket Road — Schedule Site Visit: Ms. Bell reported that the house site has
been restored to grade and the parking lot installed. She asked the Commission if they could attend
a meeting on the site for planning purposes. The consensus of the Commission was to schedule a
special meeting at 113 Madaket Road on Monday, May 15th at 4:30 p.m.
5. Land Bank Properties — Horse Pasturing Discussion: Chairman Paterson explained
that he had been approached by the owner of a horse that is stabled at Dean Long's barn at the brewery
and has been pasturing it at Mt. Vernon along with two other horses. She has asked whether the horse
pasturing use could continue. Ms. Freeman explained that in response to the most recent solicitation
for farming proposals, the collaborative proposal submitted by area farmers had kept the current area
where the horses are pastured out of farming and included use of the horses for rotational grazing.
Commissioner Jelleme recommended that if the group received the license that the rotational grazing
of the current horses be incorporated into the document.
Ms. Longacre explained that as part of preparing for the Town of Nantucket's Open Space/Recreation
Plan the NP&EDC surveyed the community and access to a public stable was a high priority.
Currently there are no public stables and she asked the Commission to consider licensing land for a
public riding operation. The Commission thanked Ms. Longacre for her comments and said they
would take them under advisement.
6. 69R Surfside Road — Encroachment Matter: Ms. Freeman explained that the
owner of 69R Surfside Road has created a parking area on Land Bank property by removing a
fence. He has been repeatedly told to rectify the matter and has not and has ceased all
communication. Ms. Freeman said since this problem has gone on for several years, she would like
Land Bank Commission Page 3
May 9, 2023
to move enforcement to the next level, which would be a letter from Land Bank counsel giving a
deadline to remove the cars and keep the area clear. If the deadline is not met the Land Bank would
have the police issue a no trespass order and tow the cars and block off the area with barriers. Upon
a motion made by Commissioner Jelleme and duly seconded by Commissioner Donato, it was
VOTED to have counsel write a letter. Commissioner Stackpole recused himselffrom the discussion
and vote.
7. Capital Projects — Discussion: Ms. Bell presented a short presentation explaining
the Land Bank's role in coastal resiliency projects, how it protects the Land Bank's properties and
relates directly to the Land Bank Act. Chairman Paterson asked if the Commission should rank the
projects by priority. Ms. Freeman recommended scheduling a special meeting to discuss the projects
and asked what information the Commission would like to prepare for the meeting. After some
discussion a special meeting would be scheduled for June 6th at 4:00 p.m. with staff preparing
informational documentation that included plans and a narrative that would explain the project and
give staff recommendations on priorities, timing and costs broken down by fiscal year for the
longer -term projects.
8. Creeks Preserve/174 Orange Street — ACKlimate Event Request (9/14/23): Ms.
Antonietti presented a request from ACKlimate to hold a celebration of everyone's resiliency and
conservation efforts at the Creeks Preserve on September 14th at 4:00 p.m. for 15 to 30 people with
food and drink. Upon a motion made by Commissioner Jelleme and duly seconded by
Commissioner Reinhard, it was unanimously VOTED to approve the request.
D. REGULAR BUSINESS:
1. Island Coastal Conference — Discussion: Ms. Freeman explained that the Island
Coastal Conference was organized by Woods Hole Oceanographic Sea Grant and was held on
Nantucket every other year. Ms. Freeman was slated to be a speaker on the topic of. "Nature -Based
Solutions, in Practice and Concept." Director of Natural Resources, Jeff Carlson, also requested
sponsorship to defray the costs of hosting the conference. Upon a motion made by Commissioner
Jelleme and duly seconded by Commissioner Donato, it was unanimously VOTED to sponsor the
conference for $1,000, with a willingness to contribute more if necessary.
E. TRANSFER BUSINESS:
1. April 2023 Transfers — Record Nos. 45490 through 45539: The Commission reviewed
transfers for the period of April 1, 2023, through April 30, 2023.
2. Current "M" Exemption and Lien: Upon a motion made by Commissioner Jelleme and
duly seconded by Commissioner Stackpole, it was unanimously VOTED to authorize the placing of a lien
against the following property as a result of the purchasers claiming the "M" exemption as first-time
buyer of real property:
No. 45531 Allison G. Robbins and Ryan J. Lanagan
3. Current "O" Exemptions and Liens: Upon a motion made by Commissioner
Land Bank Commission
May 9, 2023
Page 4
Jelleme and duly seconded by Commissioner Stackpole, it was unanimously VOTED to authorize
the placing of liens against the following properties as a result of the purchasers claiming the "O"
exemption as part of a deed -restricted affordable housing program:
No. 45499 Jeunny A. Vargus Osorio
No. 45521 Dennis Reid and Shannon Reid
No. 45522 Forest Edwin Bell
No. 45523 Elizah Tripp
4. b. "M" Exemption Update — Release of Lien for additional Financing/No. 44337
Alexandra Moskovitz: Ms. Campese explained that Ms. Moskovitz was in compliance with the
current "M" exemption requirements although she had not reached the required five-year period to
date. She inquired as to whether the Commission would consider releasing the current lien on her
property in order to get additional financing, as her chosen lender would not approve a home equity
line of credit ("HELOC") with any liens. Further, Ms. Campese said a lien would be promptly
reinstated after the HELOC was recorded and the property owner would be required to pay the
recording fee. A motion was made by Commissioner Jelleme and duly seconded by Commissioner
Stackpole to authorize the issuance of a Release of Lien to allow Ms. Moskovitz to attain her
HELOC and reinstate the lien on the property after the HELOC closing.
F. APPROVAL OF MINUTES: Upon a motion 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 25, 2023, as written.
G. FINANCIAL BUSINESS:
1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing fiscal
years 2022 and 2023, through April 2023 were presented to the Commission.
2. Warrant Authorization — Cash Disbursements: Upon a motion made by
Commissioner Donato and duly seconded by Commissioner Stackpole, it was VOTED to execute
the May 9, 2023, warrant document in the amount of $455,944.33 to be provided to the County
Treasurer. Commissioner Jelleme recused.
3. Warrant Authorization — Refunding 2016 Semi -Annual Bond Payment: Upon a
motion made by Commissioner Donato and duly seconded by Commissioner Stackpole, it was
unanimously VOTED to approve payment and authorize staff to wire the Series A semi-annual
bond payment of interest in the total amount of $73,350.00 from the Land Bank's Collection
Account to the Bond Trustee at U.S. Bank.
G. COMMISSIONERS ADDITIONAL QUESTIONS AND CONCERNS:
1. Commissioner Jelleme asked about the status of the Ottison film and the film
festival. Ms. Bell explained that the film had been accepted into the festival on the condition that it
would be reworked to remove some of the promotional material. Commissioner Jelleme asked that
Land Bank Commission
May 9, 2023
Page 5
Ms. Bell keep the Commission abreast of such items in the future as they had not seen the final
product.
II. EXECUTIVE SESSION: Upon a motion made by Commissioner Jelleme and duly seconded by
Commissioner Donato, 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 roll call vote was taken: Donato -Aye; Jelleme-Aye; Paterson -
Aye; Reinhard -Aye; Stackpole-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 under Purpose 3 [G.L. c. 30A, 21(a)(3)] for discussions concerning
strategy with respect to ongoing litigation. The Chairman further announced that the Commission
would not reconvene in regular session at the conclusion of executive session.
ADJOURNMENT: Upon a motion made by Commissioner Donato and duly seconded by
Commissioner Reinhard, it was VOTED to adjourn at 7:13 p.m.
Attested to:
Mark Donato, Secre
Accepted, Approved, and Released by the VOTE
of the Commission this 23rd day of May 2023.
Neil Paterson, Chairman
Mo � • � .R�AIV��FE
$� �� �� ,� isc.�►,
���A�zozz
FY22
Total
Exempt
Taxable
Total Gross
Gross
Revenue
Month
Transfers
Transfers
Transfers
Value
Value Taxable
Received
Jul-21
86
34
52
$160,463,031
$156,448,031
$3,128,961
Aug-21
94
52
42
$147,307,536
$137,682,536
$2,753,651
Sep-21
120
41
79
$279,227,463
$277,117,463
$5,542,349
Oct-21
197
56
141
$582,600,629
$579,326,185
$11,586,524
Nov-21
129
56
73
$213,581,181
$210,102,666
$4,214,053
Dec-21
177
103
74
$312,971,054
$299,536,054
$5,990,721
Jan-22
81
42
39
$111,899,100
$97,499,100
$1,950,732
Feb-22
49
30
19
$64,634,159
$62,761,659
$1,254,483
Mar-22
93
58
35
$108,126,499
$89,777,499
$1,805,550
A r-22
91
39
52
$208,684,710
$203,890,995
$4,085,810
May-22
85
50
35
$114,937,121
$107,212,121
$2,144,242
Jun-22
98
57
41
$130,698,457
$122,677,055
$2,453,541
THRU APR 22 1,117 511 606 2,189,495,362 2,114,142,188 42, 312, 834
Average
108
52
57
$202,927,578
$195,335,947
$3,909,218
Low
49
30
19
$64,634,159
$62,761,659
$1,254,483
High
197
103
141
$582,600,629
$579,326,185
$11,586,524
O I. �.I�S E ,
� S•'t�3 iS
�f�FA � 023
FY23
Total
Exempt
Taxable
Total Gross
Gross
Revenue
Month
Transfers
Transfers
Transfers
Value
Value Taxable
Received
Jul-22
79
48
31
$124,164,276
$119,014,276
$2,387,886
Au -22
81
57
24
$84,455,392
$70,037,323
$1,417,575
Sep-22
85
41
44
$199,748,058
$192,528,058
$3,850,561
Oct-22
97
38
59
$216,160,950
$206,610,950
$4,132,219
Nov-22
88
43
45
$186,319,400
$178,167,500
$3,563,350
Dec-22
117
59
58
$178,569,358
$165,994,358
$3,325,661
Jan-23
69
50
19
$105,949,500
$103,160,414
$2,063,208
Feb-23
61
48
13
$19,474,665
$17,669,500
$361,890
Mar-23
72
46
26
$90,080,762
$84,013,251
$1,680,265
A r-23
50
33
17
$52,530,610
$50,810,810
$1,016,216
May-23
Jun-23
THRU APR 23 799 463 336 $1,257,452,970 $1,188,006,440 $23,798,831
Average
80
46
34
$125,745,297
$118,800,644
$2,379,883
Low
50
33
13
$19,474,665
$17,669,500
$361,896
High
117
59
59
$216,160,950
$206,610,950
$4,132,219
MONTHLY (UNAUDITED)
DOCUMENTS AND EXHIBITS
Nantucket Land Bank Commission
Regular Meeting of May 9, 2023
1. Wastewater Treatment Facility — Draft License
2. Wastewater Treatment Facility - Plan
3. Maria Mitchell Association — Discovery Camp Requests
4. Coastal Resiliency/NLB Powerpoint
5. ACKlimate — Event Request
6. Island Coastal Conference — Sponsorship Request
7. Monthly Transfer Report — April 2023
8. Current "M" and "O" Exemptions (see transfer business for record nos.)
9. M Update (see transfer business for record no.)
10. Fiscal Year Transfer Statistics and Graphs — April 2023
11. Check Warrant Summary dated May 9, 2023
12. Warrant Authorization — 2016 Refunding Series A Bond
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of May 9, 2023
1. April 2023 Transfers — Record Nos. 45490 through 45539
a. Current "M" Exemption and Lien:
No. 45531 Allison G. Robbins and Ryan J. Lanagan
b. Current "O" Exemption and Lien:
No. 45499 Jeynny A. Vargus Osorio
No. 45521 Dennis Reid and Shannon Reid
No. 45522 Forest Edwin Bell
No. 45523 Elizah Tripp
2. "M" Update:
a. Release of Lien:
No. 44337 Alexandra Moskovitz
b. Notice of Lien:
No. 44337 Alexandra Moskovitz