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HomeMy WebLinkAbout2006-11-14 -rL- AGENDA Nantucket Land Bank Commission Regular Meeting of November 14,2006 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER Minutes of the regular meetings held October 24, 2006 A. CITIZEN BUSINESS/ANNOUNCEMENTS B. TRANSFER HEARING No. 26947, Bruce H. Poor No. 26977, Bruce A. Issadore, John Englert, Thomas M. Sobol and Meredith L. Sobol, tenants in common Unreported transfer of control when Andrew Kay was added as manager, Hedgebury Lane, LLC and Harold B. Murphy and Lauren C. Murphy, Trustees of ECD Realty Trust C. TRANSFER BUSINESS D. FINANCIAL BUSINESS 1. Monthly Transfer Statistics 2. Warrant Authorization - Cash Disbursements d 0... E. REGULAR BUSINESS 1. Public Notices Review 2. Nantucket Housing Office - Housing Bank Article c:::J r:J ...... w F. PROPERTY MANAGEMENT 1. Sconset Beach Preservation Fund Request 2. Controlled Burn Program - Grant Support Letter 3. Miacomet Beach Use Request -0 ,-.J (.j .p.. EXECUTIVE SESSION ADJOURNMENT . Land Bank Commission November 14,2006 Page 2 Exhibit 4 Mortgage from Hedgebury Lane LLC executed by Bruce H. Poor as Manager to Bruce A. Issadore in the amount of $180,000 recorded at the Nantucket Registry on September 5, 2003, as Book 845, Page 257; Exhibit 5. Transfer Documents Record No. 23536 including Form A, Form B, and deed from Bruce H. Poor and Gloria Grimshaw to Colosi, LLC recorded at the Nantucket Registry on October 3,2003, as Book 851, Page 26; Exhibit 6. Certificate of Amendment for Limited Liability Company Hedgebury Lane LLC filed January 29,2004, with the Secretary of the Commonwealth of Massachusetts, by Bruce H. Poor, Manager, naming Andrew Kaye as an additional Manager and authorized signatory; Exhibit 7. Transfer Documents Record No. 24022 including Form A, Form B, Schedule A to Operating Agreement of Hedgebury Lane LLC, and deed from Colosi, LLC to Hedgebury Lane LLC recorded at the Nantucket Registry on February 4,2004, as Book 872, Page 49; Exhibit 8. Transfer Documents Record No. 24023 including Form A, Form B, Schedule A to Operating Agreement of Hedgebury Lane LLC, and deed from Michael W.C. Emerson to Hedgebury Lane LLC recorded at the Nantucket Registry on February 4,2004, as Book 872, Page 52; Exhibit 9. Mortgage from Hedgebury Lane LLC, executed by its Manager, Andrew Kaye, to BankNorth in the amount of$4,747 ,000 recorded at the Nantucket Registry on February 4,2004, as Book 872, Page 54; Exhibit 10. Discharge recorded at the Nantucket Registry on February 18,2004, as Book 875, Page 1 of mortgage from Hedgebury Lane LLC executed by Bruce H. Poor as Manager to Bruce A. Issadore in the amount of $180,000 recorded at the Nantucket Registry on September 5, 2003, as Book 845, Page 257; Exhibit ll. Transfer Documents Record No. 25913 including Form A, Form B, and Notice of Lease dated June 25, 2005, from Hedgebury Lane LLC to ECD Realty Trust executed by Andrew S. Kaye as Manager, Hedgebury Lane LLC, and Harold B. Murphy and Lauren C. Murphy as Trustees of ECD Realty Trust; Exhibit 12. Certificate of Appointment of Trustee for Hedgebury Lane Homeowners Association, appointment of Andrew Kaye as a Trustee, by Andrew Kaye, as Manager of Hedgebury Lane LLC, recorded at the Nantucket Registry on April 28, 2006, as Book 1019, Page 220; Exhibit 13. Transfer Documents Record No. 26947 including Form A, Form B, and deed from Hedgebury Lane LLC to Bruce H. Poor for Lot 4R recorded April 28, 2006, as Book 1019, Page 216; Exhibit 14. Correspondence from the Nantucket Islands Land Bank dated May 29,2006, to Keith M. Yankow, Esq., legal representative for Bruce H. Poor; , Land Bank Commission November 14,2006 Page 4 Exhibit 28. Transfer Documents Record No. 27237 including Form A and Notice of Lease from Thomas M. Sobol, Meredith L. Sobol, Bruce A. Issadore and John J. Englert to Bruce A. Issadore and John J. Englert recorded August 18,2006, as Book 1036, Page 277; Exhibit 29. Mortgage from Bruce A. Issadore and John J. Englert to TD BankNorth, N.A. in the amount of $800,000 recorded at the Nantucket Registry on August 18, 2006, as Book 1036, Page 282; Exhibit 30. Transfer Documents Record No. 27238 including Form A and Notice of Lease from Thomas M. Sobol, Meredith L. Sobol, Bruce A. Issadore and Thomas M. Sobol and Meredith L. Sobol recorded August 18, 2006, as Book 1036, Page 256; Exhibit 31. Mortgage from Thomas M. Sobol and Meredith L. Sobol to Countrywide Home Loans, Inc. in the amount of $1,300,000 recorded at the Nantucket Registry on August 18, 2006, as Book 1036, Page 261; Exhibit 32. Email correspondence from David Arons dated September 7,2006 (2:28 PM) transmitting email dated August 21,2006, (3:32 PM) to Valerie Swett (Attachments omitted as they duplicate Exhibit 33 enclosures.); Exhibit 33. Correspondence from David L. Arons, Esq. dated August 21, 2006, to Valerie Swett, Esq. with these enclosures: Exhibit 33.1. Operating Agreement for Colossi LLC dated June 11,2002, executed by Gloria Grimshaw and Bruce H. Poor, Members and Bruce H. Poor, Manager, with attached Schedule A, membership interests in Colosi LLC; Exhibit 33.2. Letter of Understanding between Michael W.C. Emerson, Bruce H. Poor, John J. Englert, Andrew Kaye, Bruce A. Issadore, and David L. Arons, executed by "Original Owners" Michael W.C. Emerson on June 2, 2003, and Bruce H. Poor on May 28,2003, and "Purchasers" John J. Englert, Andrew Kaye, Bruce A. Issadore and David L. Arons on June 3, 2003; Exhibit 33.3. Operating Agreement for Hedgebury Lane LLC executed by Gloria Grimshaw, Bruce H. Poor and Michael W.C. Emerson, Members and Bruce H. Poor, Manager, dated August 27,2003, with attached Schedule A, membership interests in Hedgebury Lane LLC, executed by Bruce H. Poor and Gloria Grimshaw on September 5,2003; Exhibit 33.4. First Amended Schedule of Beneficial Interests for Hedgebury Lane LLC executed by Gloria Grimshaw, Michael W.C. Emerson, Bruce H. Poor, and John J. Englert, Manager for EKIA LLC, on January 27,2004, with attached Ownership Statement of Hedgebury Lane LLC; Exhibit 33.5. Non-Revolving Development Line of Credit Note dated January 30,2004, in the amount of $1,117,000 executed by Andrew Kaye, Manager, Hedgebury Lane, LLC; Land Bank Commission November 14,2006 Page 6 Realty Trust and attached cover letter from Kenneth W. Holdgate, Jr., Chairman, Nantucket Islands Land Bank Commission; Exhibit 35. Notice of Assessment from the Nantucket Islands Land Bank Commission dated August 23,2006/ No. 26947, to Bruce H. Poor and attached cover letter from Kenneth W. Holdgate, Jr., Chairman, Nantucket Islands Land Bank Commission; Exhibit 36. Notice of Assessment from the Nantucket Islands Land Bank Commission dated August 23, 2006/ No. 26977, to Bruce Issadore, John J. Englert, Thomas M. Sobol and Meredith L. Sobol, tenants in common, and attached cover letter from Kenneth W. Holdgate, Jr., Chairman, Nantucket Islands Land Bank Commission; Exhibit 37. Notice of Lien from the Nantucket Islands Land Bank by members of the Nantucket Land Bank Commission dated August 22, 2006, to Hedgebury Lane LLC and Harold B. Murphy and Lauren C. Murphy, Trustees ofECD Realty Trust, recorded at the Nantucket Registry as Book 1037, Page 150, on August 23,2006; Exhibit 38. Notice of Lien from the Nantucket Islands Land Bank by members of the Nantucket Land Bank Commission dated August 22, 2006, to Bruce H. Poor, recorded at the Nantucket Registry as Book 1037, Page 151, on August 23, 2006; Exhibit 39. Notice of Lien from the Nantucket Islands Land Bank by members of the Nantucket Land Bank Commission dated August 22, 2006, to Bruce A. Issadore, John J. Englert, Thomas M. Sobol and Meredith L. Sobol, tenants in common, recorded at the Nantucket Registry as Book 1037, Page 152, on August 23, 2006; Exhibit 40. Correspondence from Keith M. Yankow, Esq. dated September 1, 2006, to Valerie Swett, Esq.; Exhibit 41. Correspondence from Richard 1. Glidden, Esq. dated September 5, 2006, to Kenneth E. Holdgate, Jr., Chairman, Nantucket Islands Land Bank Commission; Exhibit 42. Correspondence from Valerie Swett, Esq. dated September 6, 2006, to David Arons, Esq., Keith Yankow, Esq., and Richard J. Glidden, Esq.; Exhibit 43. Email string including (i) correspondence from Valerie Swett to Richard Glidden, Keith Yankow, and David Arons dated September 6,2006 (12:48 PM), (ii) correspondence from Keith Yankow dated September 6,2006 (2:48 PM) to Valerie Swett, (iii) correspondence from Valerie Swett dated September 7,2006 (11:42 AM) to Keith Yankow, (iv) correspondence from Keith Yankow dated September 7,2006 (12:17 PM) to Valerie Swett, and (v) correspondence from Valerie Swett dated September 7,2006 (1:47 PM) to Keith Yankow; Exhibit 44. Email correspondence from Valerie Swett dated September 7,2006 (1:29 PM) to Dave Arons; " Land Bank Commission November 14, 2006 Page 8 Exhibit 59, Email string including (i) correspondence from Valerie Swett dated September 25,2006 (3:57 PM) to Bruce Issadore,'bai@isalaw.com' and (ii) correspondence from Bruce A. Issadore, Esq. dated September 25,2006 (4:24 PM) to Valerie Swett; Exhibit 60, Email string including (i) correspondence from Valerie Swett dated September 29,2006 (12:43 PM) to Keith Yankow without attached second draft of the escrow agreement and compared copies and (ii) correspondence from Keith M. Yankow dated October 3, 2006 (11 :21 AM) to Valerie Swett with attached letter from Keith M. Yankow to Valerie Swett, Esq.; Exhibit 61, Email correspondence from Valerie Swett dated October 3,2006 (12:13 PM) to Keith Yankow; Exhibit 62, Email correspondence from Valerie Swett dated October 3,2006 (12:40 PM) to Patricia Halsted and Jeff Stetena with attachments; Exhibit 63, Email correspondence from Jeff Stetina dated October 3,2006 (12:28 PM) to Valerie Swett; Exhibit 64, Email correspondence from Jeff Stetina dated October 3,2006 (1: 16 PM) to Valerie Swett; Exhibit 65, Correspondence from Richard J. Glidden dated October 4, 2006,to Valerie Swett, Esq. with these enclosures: Exhibit 65.1, Memo of Richard 1. Glidden, Glidden & Glidden, P.C., dated October 3,2006; Exhibit 65.2, Statement of Thomas Sobol and Meredith Sobol regarding Nantucket Islands Land Bank Transfer No. 26977 dated September 18, 2006; Exhibit 65.3, Correspondence from Anne Remian, Lee Real Estate, dated September 12, 2006, to Eric Savetsky; , Exhibit 65.4, Offer to Purchase Real Estate from Meredeth and Tom Sobol dated August 8, 2005; Exhibit 65.5, Copy of Sobol Check No. 3101 for $5,000 payable to Jordan Real Estate dated August 10,2005; Exhibit 65.6, Massachusetts Mandatory License-Consumer Relationship Disclosure dated August 8, 2005; Exhibit 66, Email correspondence from Valerie Swett dated October 6, 2006 (12:25 PM) to Richard Glidden; Land Bank Commission November 14,2006 Page 10 Bruce Issadore then presented an account of relationships and transactions among the various parties having to do with development of the property formerly or now owned by Hedgebury Lane LLC. During his presentation it became apparent that there were one or more documents in the possession of Hedge bury Lane LLC or its representatives which Mr. Issadore wished to offer as Exhibits for consideration by the Commission. Specifically mentioned was an agreement among Bruce Issadore and Bruce Poor in April 2006, which was present only in unsigned form. During the presentation, Mr. Issadore prepared a sketch plan of the subdivision, which was entered in the record of the hearing as Exhibit 80. Throughout the he~ring, various questions and comments were addressed by Ms. Swett to Attorneys Yankow, Glidden and Issadore. By agreement of the parties, the hearing was continued to 4:00 p.m. on Tuesday, November 28, 2006, to allow the property owners to submit additional exhibits and provide final arguments regarding the imposition ofa Land Bank fee on the three transfers which are the subject of the hearing. C. TRANSFER BUSINESS: 1. Transfer Record Nos. 27343 through 27439: The Commission reviewed transfers for the period of October 1,2006, through October 31,2006. a. Current "M" Exemptions and Liens: The Commission authorized placing liens against the following as a result of the purchasers claiming the "M" exemption as first time buyers of real property: No. 27353 Erica L. Valero No. 27371 Asta King No. 27372 Tihomir I. Ivanov and Polia Ivanova No. 27406 Christopher T. Grimes and Lilian C. Grimes No. 27408 Travis Lombardi and Adrienne H. Lombardi 2. Transfer Update: a. Inquiry Compliance Review - Supplemental Information Provided: Based upon information and/or documentation provided by the purchasers' representatives, the Commission found the following transfers to be in order: No. 27201 Clark Kent, LLC No. 27301 Fifteen Beach Street Nominee Trust No. 27302 David W. MacArthur 3. "M" Exemption Update: a. Two-Year Domicile Inquiry Non-Compliance - No. 24942 Luke A. Tedeschi and Laura M. Tedeschi: The Commission reviewed coorespondence from the purchasers explaining the circumstances which have prevented them from complying with the domicile requirements of the Land Bank Commission November 14, 2006 Page 12 RETURN TO OPEN SESSION G. FINANCIAL BUSINESS (continued): 1. Warrant Authorizations - Cash Disbursements: Upon a motion made and duly seconded, it was VOTED to approve and execute the November 14, 2006, warrant document in the amount of $73,352.95 to be provided to the county treasurer. H. REGULAR BUSINESS: 1. Public Notice Review: The Director reviewed public notices received since the last review. No action was taken. 2. Nantucket Housing Office - Housing Bank Article: The Director presented correspondence from Leedara Zola, Executive Director of the Nantucket Housing Office, asking the Commission to consider contributing towards the cost of hiring a legislative consultant (lobbyist) to help shepherd the Housing Bank article through the state legislature. Since this bill would also provide substantial beneficial amendments to the Land Bank Act, upon a motion made and duly seconded, it was VOTED to contribute the requested amount of $8,000. I. PROPERTY MANAGEMENT (continued): 1. Controlled Burn Program - Grant Support Letter: Upon a motion made and duly seconded, it was VOTED to authorize the Chairman to sign a letter of support endorsing the Nantucket Conservation Foundation's grant application seeking funding through the U.S.F.S. State Fire Assistance Hazard Mitigation Program. 2. Miacomet Beach - Use Request: The Director presented a request from Logan Korpida seeking the Commission's permission to hold a wedding ceremony at the Land Bank's Miacomet Beach property on July 21,2007, at 3:30 p.m. for approximately 70 guests, lasting 45 minutes and including setup for 70 chairs and a wooden arbor. The Commission asked staff to suggest that Ms. Korpida use the Land Bank's Ladies Beach property as a more appropriate location and that guests should carpool to the ceremony in an effort to reduce the number of vehicles parked at the property. The Director will report back to the Commission. 3. Walker Property - Use Request: Upon a motion made and duly seconded, it was VOTED to approve a request presented by Commissioner Stackpole to use the Land Bank's Walker property for the installation of the Figawi V.I.P. Tent on Memorial Day Weekend 2007 subject to receipt ofa Certificate of Insurance naming the Land Bank as additionally insured. 4. Cliff Road I Maxey's Pond Property - Request: John Stackpole presented a request from the Nantucket Angler's Club asking the Commission to consider donating crushed concrete materials for a road stabilization project at the road access off Cliff Road at Maxey's Pond. The roadway accesses Nantucket Angler's Club properties, Land Bank properties and the old settlers' burial ground. The Commission asked Mr. Stackpole to provide a letter request and a map of the area. MONTHLY TRANSFER STATISTICS CALENDAR 2005 CAL05 Month Jan-05 Feb-05 Mar-05 Apr-05 May-05 Jun-05 Jul-05 Aug-05 Sep-05 Oct-05 Nov-05 Dec-05 ::.:: :THRU: :OCT05= Average Low High Total Exempt Taxable Transfers Transfers Transfers 130 85 93 89 96 124 83 92 131 120 91 148 .,.......... . ........~........ ..:.:::.:::::!;q~8 107 83 148 57 48 53 50 50 58 36 45 48 35 48 110 ...................0...... .......... . .. ........ ... ......... .. ........ .... ........ .. ..............,:1~,:...... 53 35 110 73 37 40 39 46 66 47 47 83 85 43 38 ..)::$$.$,." 54 37 85 Total Gross Value $136,754,392 $43,249,759 $68,345,932 $51,084,963 $83,808,142 $148,172,988 $84,966,423 $79,297,377 $170,977,147 $176,148,013 $75,391,500 $79,616,375 Gross Value Taxable $135,351,725 $42,599,759 $67,135,932 $49,884,963 $76,101,803 $144,472,988 $84,366,423 $78,447,377 $155,677,147 $171,285,209 $74,591,500 $65,841,375 .: .,:..~1:;Q4?;fflP~;:~~~:....::..$:1.;Q9$;.~?~.;$~~ $99,817,751 $95,479,683 $43,249,759 $42,599,759 $176,148,013 $171,285,209 MONTHLY TRANSFER STATISTICS CALENDAR 2006 Revenue Received $2,744,481 $853,995 $1 ,356,739 $1,007,699 $1,524,036 $2,889,460 $1,691,900 $1,574,140 $3,113,343 $3,429,117 $1,495,630 $1,335,445 <<$..: 2':' 0":":1:.8' '4'>9"1' .0': > . . . . . . . . . ... . . : ~: ~: ~: ~;..;.:::. :;~::::::::. ~:::::::.:: ~: $1,917,999 $853,995 $3,429,117 CAL06 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received Jan-06 106 59 47 $105,705,774 $104,705,774 $2,094,115 Feb-06 87 54 33 $52,792,786 $51,532,000 $1,038,640 Mar-06 104 63 41 $81,793,500 $80,393,500 $1,607,870 Apr-06 78 44 34 $73,440,925 $69,424,975 $1,388,500 May-06 96 50 46 $91,696,267 $90,991,600 $1,821,832 Jun-06 79 39 40 $78,671,608 $77,871,608 $1,557,432 Jul-06 66 34 32 $65,734,501 $64,334,501 $1,286,690 Aug-06 75 49 26 $48,890,581 $46,838,137 $938,763 Sep-06 76 37 39 $107,911,581 $106,311,581 $2,137,232 Oct-06 97 58 39 $91,989,800 $77,540,800 $1,558,816 Nov-06 Dec-06 . . . . . . . . . . . " ..... ............ ....... :::...THRu:OCT~:.........:.:.:.:~?~ Average 86 Low 66 High 106 MONTHL Y . . . . . . . . . . . . . . . . . . . '...............:4.$7...:'.',.::...,., 49 34 63 H377 38 26 47 $.798~627,322 " $79,862,732 $48,890,581 $107,911,581 ".""$. .7. 6. "9. ."9"4' '4' "4.'.7. 6' ',',' . . . . .. .. .. . ..... .. ... . '" .. ... .. . . ... . . . . . . . : ::~:~:; :::::';::':'~' :::.:::.~i:::: :::.; :~:~ $76,994,448 $46,838,137 $106,311,581 ""'$' "1' '5' '4. '2.'9. "'8'.9' .0' ',' . . .. . . . . . HU; ;i~.L;;r:.;::<).;.;:::~.Hj $1,542,989 $938,763 $2,137,232 UNAUDITED MINUTES Nantucket Land Bank Commission Regular Meeting of November 14,2006 Land Bank Meeting Room, 22 Broad Street - . . N antucket,Massachusetts CALL TO ORDER: 4:01 P.M. PRESENT: Holdgate, Johnson, Reinhard, Stackpole. ABSENT: Bartlett. Minutes of the regular meeting held October 24, 2006: Upon a motion made and duly seconded, it was VOTED to accept, approve, and release the minutes of October 24, 2006, as written. A. CITIZEN BUSINESS: None. B. TRANSFER HEARING: Pursuant to Section 14 of the Land Bank Act, the Commission held a hearing on the matter of the Notices of Assessment from the Nantucket Islands Land Bank Commission dated August 22,2006, as summarized above. The hearing was tape recorded. Valerie Swett Esq. was present to act as the legal counsel to the Land Bank Commission. Present at the hearing as property owners and/or representatives of property owners were James Englert, Attorney Bruce Issadore, Attorney David Arons, Attorney Keith Yankow, and Attorney Richard J. Glidden. The hearing was opened by the Chairman. Ms. Swett summarized the history of the transfers and asked that the following documents be entered into the record as exhibits. The exhibits were entered without objection. Exhibit 1, Certificate of Organization for Limited Liability Company Hedgebury Lane LLC filed August 27, 2003, with the Secretary of the Commonwealth of Massachusetts by Bruce H. Poor, Manager; Exhibit 2, Certificate of Organization for Limited Liability Company EKIA LLC filed August 28,2003, with the Secretary of the Commonwealth of Massachusetts by Bruce A. Issadore, Manager; Exhibit 3, Transfer Documents Record No. 23411 including Form A, Form B, Schedule of Beneficial Interests for Hedgebury Lane LLC, Certificate of Organization for Limited Liability Company Hedgebury Lane LLC filed August 27,2003, with the Secretary of the Commonwealth of Massachusetts, and deed from to Michael W.C. Emerson, Bruce H. Poor and Gloria Grimshaw to Hedgebury Lane LLC recorded at the Nantucket Registry on September 5, 2003, as Book 845, Page 254; Land Bank Commission November 14,2006 Page 3 . Exhibit 15, Correspondence from Keith M. Yankow, Esq. dated June 1,2006, to the Nantucket Islands Land Bank with attached schedule of Ownership of Hedgebury Lane LLC; Exhibit 16, Correspondence from Nantucket Islands Land Bank dated June 16,2006, to Keith M. Yankow; Exhibit 17, Mortgage from Bruce H. Poor to Washington Mutual Bank, FAin the amount of $1,350,000 recorded at the Nantucket Registry on April 28, 2006, as Book 1019, Page 220; Exhibit 18, Transfer Documents Record No. 26977 including Form A, Form B, and deed ' from Hedgebury Lane LLC to Bruce A. Issadore and John J. Englert for Lot 2 recorded at the Nantucket Registry May 9, 2006, as Book 1021, Page 15; Exhibit 19, Mortgage from Bruce A. Issadore and John J. Englert to TD BankNorth, N.A. in the amount of $800,000 recorded at the Nantucket Registry on May 9, 2006, as Book 1021, Page 17; Exhibit 20, Partial Release (Lot 2) recorded at the Nantucket Registry on May 15, 2006, as Book 1021, Page 281, of BankNorth mortgage from Hedgebury Lane LLC recorded as Book 872, Page 54 (Exhibit 9); Exhibit 21, Partial Release (Lot 4R) recorded at the Nantucket Registry on May 23,2006, as Book 1023, Page 86, of BankNorth mortgage from Hedgebury Lane LLC recorded as Book 872, Page 54 (Exhibit 9); Exhibit 22, Correspondence from Valerie Swett, Esq. dated June 27, 2006, to David Arons, Esq. and Keith Yankow, Esq.; Exhibit 23, Email string including (i) correspondence from David Arons dated July 20, 2006, (1 :57 PM) to Valerie Swett and (ii) correspondence from Valerie Swett dated July 31, 2006, (3:12 PM) to David Arons; Exhibit 24, Email string including (i) correspondence from David Arons dated August 1, 2006, (2:11 PM) to Valerie Swett; and (ii) correspondence from Valerie Swett dated August 3,2006, (2:50 PM) to David Arons; Exhibit 25, Correspondence from David L. Arons, Esq. dated August 9, 2006, to Valerie Swett, Esq.; Exhibit 26, Email correspondence from Valerie Swett dated August 10,2006, (5:15 PM) to David Arons; Exhibit 27, Transfer Documents Record No. 27236 including Form A and deed from Bruce A. Issadore and John J. Englert to Thomas M. Sobol and Meredith L. Sobol recorded August 18, 2006, as Book 1036, Page 254; Land Bank Commission November 14, 2006 Page 5 . Exhibit 33.6, Revolving Construction Line of Credit Note dated January 30, 2004, in the amount of $3,630,000 executed by Andrew Kaye, Manager, Hedgebury Lane, LLC; Exhibit 33.7, Mortgage and Security Agreement dated January 30, 2004, executed by Andrew Kaye, Manager, Hedgebury Lane, LLC; Exhibit 33.8, Lessor's Assignment of Leases and Rents as Collateral Security dated January 30, 2004, executed by Andrew Kaye, Manager, Hedgebury Lane, LLC; Exhibit 33.9, UCC Financing Statement for Massachusetts Secretary of State; Exhibit 33.10, Assignment oflnterest in Licenses, Permits and Agreements dated January 30, 2004, executed by Andrew Kaye, Manager, Hedgebury Lane, LLC; Exhibit 33.11. Development and Construction Loan Agreement dated January 30, 2004, executed by Andrew Kaye, Manager, Hedgebury Lane, LLC; Exhibit 33.12, Unlimited Guaranty of Bruce A. Issadore to BankNorth, N.A. dated January 30, 2004; Exhibit 33.13, Unlimited Guaranty of David L. Arons to BankNorth, N.A. dated January 30, 2004; Exhibit 33.14, Unlimited Guaranty of Andrew Kaye to BankNorth, N.A. dated January 30, 2004; Exhibit 33.15, Unlimited Guaranty of John 1. Englert to BankNorth, N.A. dated January 30, 2004; Exhibit 33.16, Operating Agreement for EKIA LLC executed by Bruce A. Issadore, John J. Englert, Andrew Kaye, and David L. Arons, Members and Bruce A. Issadore and John J. Englert, Managers, dated August 27,2003, with attached Schedule A, membership interests in EKIA Lane LLC, executed by Bruce A. Issadore, John J. Englert, Andrew Kaye, and David L. Arons; Exhibit 33.17, Settlement Statement dated April 28, 2006, from the Office of Keith M. Yankow, Esq. for the conveyance of Lot 4R to Bruce H. Poor; Exhibit 33.18, Settlement Statement dated May 9,2006, from law office of Glidden & Glidden, P.C. for the conveyance of Lot 2 to John J. Englert and Bruce A. Issadore; Exhibit 34. Notice of Assessment from the Nantucket Islands Land Bank Commission dated August 23, 2006/ Unreported transfer of control when Andrew Kaye was added as manager, to Hedgebury Lane, LLC, and Harold B. Murphy and Lauren C. Murphy, Trustees ofECD Land Bank Commission November 14,2006 Page 7 ' Exhibit 45. Email string including (i) correspondence from David Arons dated September 7, 2006 (2:28 PM) to Valerie Swett and (ii) correspondence from Valerie Swett dated September 7, 2006 (2:53 PM) to David Arons; Exhibit 46. Correspondence from David L. Arons, Esq. dated September 7, 2006 to Kenneth W. Holdgate, Jr., Chairman, Nantucket Islands Land Bank Commission; Exhibit 47. Correspondence from Valerie Swett, Esq. dated September 11,2006, to Richard J. Glidden, Esq.; Exhibit 48. Correspondence from Anne Remian, Lee Real Estate, dated September 12, 2006, to Eric Savetsky; Exhibit 49. Correspondence from Valerie Swett, Esq. dated September 13,2006, to David Arons, Esq., Keith Yankow, Esq., and Richard J. Glidden, Esq.; Exhibit 50, Email string including (i) correspondence from Keith Yankow to Valerie Swett dated September 13,2006 (2:07 PM) and (ii) correspondence from Valerie Swett to Keith Yankow dated September 13, 2006 (2:46 PM); Exhibit 51, Email correspondence from Valerie Swett to Keith Yankow dated September 14, 2006 (12:36 PM); Exhibit 52, Email string including (i) correspondence from Valerie Swett to Keith Yankow dated September 18,2006 (5:51 PM) and (ii) correspondence from Keith Yankow to Valerie Swett dated September 18,2006 (6:09PM); Exhibit 53, Memo from Keith Yankow dated September 19,2006 to Valerie Swett; Exhibit 54. Email correspondence from Valerie Swett dated September 19,2006 (12:44 PM) to Keith Yankow; Exhibit 55, Email correspondence from Valerie Swett, Esq. dated September 20,2006 (1:06 PM) to David Arons, Keith Yankow, and Richard J. Glidden, with attached draft escrow agreement; Exhibit 56, Correspondence from KeithM. Yankow, Esq. dated September 22, 2006, to Valerie Swett, Esq.; Exhibit 57, Email correspondence from Valerie Swett dated September 22,2006 (5:44 PM) to Keith Yankow, Dave Arons, and Richard Glidden with attached second draft of the escrow agreement and compared copies; Exhibit 58. Email string including (i) correspondence from Bruce A. Issadore, Esq. dated September 25,2006 (3:02 PM) to Valerie Swett and (ii) correspondence from Valerie Swett dated September 25,2006 (3:37 PM) to Bruce Issadore, 'bai@isalaw.com'; Land Bank Commission November 14,2006 Page 9 Exhibit 67. Hand delivered correspondence from Keith M. Yankow, Esq. dated October 5, 2006, to Craig Hunter, Nantucket Land Bank, with attached signature page of the Escrow Agreement between the Nantucket Islands Land Bank and Hedgebury Lane LLC; Exhibit 68. Email correspondence from Valerie Swett dated October 6,2006 (1:43 PM) to David Arons, Keith Yankow, and Richard Glidden; Exhibit 69. Correspondence from David L. Arons dated October 10, 2006, to Craig Hunter; Exhibit 70, Email correspondence from David Arons dated October 10, 2006 (12:24 PM) to Valerie Swett, Keith Yankow, Richard J. Glidden, Esq.; Exhibit 71, Correspondence from Valerie Swett, Esq. dated October 11,2006, to Keith M. Yankow, Esq. with enclosed counterpart escrow agreement; Exhibit 72. Escrow Agreement dated September 26, 2006, between Hedgebury Lane, LLC, Nantucket Islands Land Bank and Deutsch Williams Brooks DeRensis & Holland, P.C. (Escrow Agent); Exhibit 73. Correspondence from Valerie Swett, Esq. dated October 11,2006, to Martin Jeffrey Stetina, Esq. with attached release of lien executed by the Land Bank Commission; Exhibit 74. Nantucket Islands Land Bank Release of Lien dated September 26,2006, to Hedgebury Lane, LLC recorded at the Nantucket Registry on October 12, 2006, as Book 1044, Page 56; Exhibit 75. Correspondence from Valerie Swett, Esq. dated October 17,2006, to David Arons, Esq.; Exhibit 76. Correspondence from David Arons to Valerie Swett dated November 2,2006, with enclosed 2005 income tax return for Hedgebury Lane LLC (IRS Form 1065); Exhibit 77, Table Summarizing Hedgebury Lane LLC members from time to time as shown by the foregoing exhibits, as compiled by Valerie Swett; Exhibit 78. IRS Form W-9 dated September 26,2006, provided by Hedgebury Lane LLC in connection with the escrow fund held by Deutsch Williams Brooks DeRensis & Holland, P.C. Attorney Keith Yankow presented an affidavit of Bruce H. Poor dated November 13,2006, which at Mr. Yankow's request was added as Exhibit 79. Attorney Richard Glidden spoke on behalf of Thomas and Meredith Sobol asking that the lien issued as a result of Transfer No. 26977 be lifted from the 50% tenancy in common interest which the Sobols own in the lot which is the subject of the transfer. Land Bank Commission November 14,2006 Page 11 . "M" exemption. Based upon the information provided by Mr. Tedeschi, and upon a finding of extraordinary circumstances, upon a motion made and duly seconded, it was VOTED to waive the penalty and interest on the exempted amount subject to receipt of payment of the outstanding $4,000 fee within thirty days. The Commission determined that the circumstances were extraordinary in that the purchasers could not have foreseen their inability to become domiciled at the property. b. Two-Year Domicile Inquiry Non-Compliance - No. 24821 Amy D. Koch-Oman, Trustee of Starr Nominee Trust: The Commission reviewed information provided by the purchaser and the purchaser's attorney. Based upon the prompt payment of the outstanding $4,000 fee and a finding of extraordinary circumstances, upon a motion made and duly seconded, it was VOTED to waive the penalty and interest and accept payment of the fee as submitted. The Commission determined that the circumstances were extraordinary in that the purchaser could not have foreseen her inability to provide required documentation, satisfactory to the Commission, substantiating her domicile as being 9 Killdeer Lane. c. Notice of Assessment - No. 24281 Carol Surface: Based upon the purchaser's failure to provide the requested documentation and a failure to comply with the domicile requirements of the "M" exemption, upon a motion made and duly seconded, it was VOTED that there has been a failure to discharge a Land Bank fee due on No. 24281, to send a Notice of Assessment together with applicable interest and penalty, and to authorize the placing of a lien against the property. D. PROPERTY MANAGEMENT: 1. Sconset Beach Preservation Fund Request: Representatives of the Sconset Beach Preservation Fund (S.B.P.F.), William F. Hunter, Esq., Cheryl Bartlett, Richard Spadoni, Sr. V. P., Coastal Planning & Engineering Inc., and Peter Kaiser were in attendance to present a proposal for a beach nourishment project ("building a beach") which, if permitted, would involve various Land Bank beach properties along the shoreline from Sesachacha Pond to Low Beach. Attorney Hunter explained that the Commission, as owners of several of the properties, must give permission for the S.B.P.F.' s application to be considered for permitting with the Nantucket Conservation Commission and the state Department of Environmental Protection Agency. After a discussion, the Commission asked the group to provide additional information, a draft of the proposed letter agreement and a plan identifying the Land Bank parcels which would be included in the project. E. FINANCIAL BUSINESS: 1. Monthly Transfer Statistics: The October 2006 transfer statistics were presented to the Commission. F. EXECUTIVE SESSION: Upon a motion made and duly seconded, it was VOTED to go into Executive Session. Each member was polled individually. All members voted yes. The Chairman noted that the Commission would reconvene into regular session and that the purpose of going into executive session was to discuss matters related to litigation. Land Bank Commission November 14,2006 Page 13 J. EXECUTIVE SESSION: Upon a motion made and duly seconded, it was VOTED to go into Executive Session. Each member was polled individually. All members voted yes. The Chairman noted that the Commission would reconvene into regular session and that the purpose of going into executive session was to discuss matters related to minutes and land acquisition. RETURN TO OPEN SESSION ADJOURNMENT: Upon a motion ma and duly seconded, it was VOTED to adjourn at 7:06 P.M. Attested to: Accepted, Approved, and Released by the VOTE of the Commission this 28th day of November 2006. ;/ TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of November 14, 2006 1. Transfer Hearing: No. 26947 Bruce H. Poor No. 26977 Bruce A. Issadore, John Englert, Thomas M. Sobol and Meredith L. Sobol, tenants in common Unreported transfer of control when Andrew Kaye was added as manager, Hedgebury Lane, LLC and Harold B. Murphy and Lauren C. Murphy, Trustees of ECD Realty Trust 2. October Transfers - Record Nos. 27343 through 27439: a. Current "M" Exemptions: No. 27353 Erica L. Valero No. 27371 Asta King No. 27372 Tihomir I. Ivanov and Polia Ivanova No. 27406 Christopher T. Grimes and Lilian C. Grimes No. 27408 Travis Lombardi and Adrienne H. Lombardi 3. Transfer Update: a. Inquiry Compliance Review - Supplemental Information Provided: No. 27201 Clark Kent, LLC No. 27301 Fifteen Beach Street Nominee Trust No. 27302 David W. MacArthur 4. "M" Exemption Update: a. Two-Year Domicile Inquiry Non-Compliance: No. 24942 Luke A. Tedeschi and Laura M. Tedeschi No. 24821 Amy D. Koch-Oman, Trustee of Starr Nominee Trust No. 24281 Carol A. Surface