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HomeMy WebLinkAbout2006-09-12 AGENDA Nantucket Land Bank Commission Regular Meeting of September 12,2006 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER Minutes o/the regular meetings held August 22, 2006 g A. CITIZEN BUSINESS/ANNOUNCEMENTS , -~'-'i --., \.-..-' C/J rT'1 U ~ B. TRANSFER HEARING - Nos. 25792 and 25842, Robert B. Lang j" 23 C. TRANSFER HEARING REQUESTS: -" W No. 26947, Bruce H. Poor -.J 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 D. PROPERTY MANAGEMENT 1. Miacomet Golf Update E. TRANSFER BUSINESS F. FINANCIAL BUSINESS 1. Monthly Transfer Statistics 2. Warrant Authorization - Cash Disbursements 3. Warrant Authorization - Note #27, Ottison G. REGULAR BUSINESS 1. Public Notices Review 2. 2006 Special Town Meeting - Articles Discussion H. PROPERTY MANAGEMENT 1. Property Management Update 2. Somerset Road Bike Path Project Update 3. Latici Property - Lease Discussion 4. Pat Gardner Property - Cottage Expansion Update 5. Nobadeer Farm Road Property - Ball Fields Discussion 6. Stone Property - Use Request 7. Codfish Park Playground Discussion EXECUTIVE SESSION ADJOURNMENT TL-. :::u :n Land Bank Commission September 12, 2006 Page 2 David A. Lang, Trustees of The Harold M. Lang Personal Residence Trust to David A. Lang), Lang Family Nominee Trust Assignment of Beneficial Interest document dated June 2, 2004, (25% interest from Robert B. Lang and David A. Lang, Trustees of The Harold M. Lang Personal Residence Trust to Robert B. Lang), and Lang Family Nominee Trust Schedule of Beneficial Interests document dated June 2, 2004, received at the Land Bank on June 1,2005; Exhibit E, Transfer Documents Record No. 25790, including Form A, Form B, Lang Family Nominee Trust Transfer of Beneficial Interest document dated August 20, 2004, (50% from David A. Lang to David A. Lang, Trustee of the DavidA. Lang Revocable Trust), and Lang Family Nominee Trust Third Revised Schedule of Beneficial Interests document dated August 20,2004, received at the Land Bank on June 1,2005; Exhibit F, Transfer Documents Record No. 25791, including Form A, Form B, Lang Family Nominee Trust Transfer of Beneficial Interest document dated August 20,2004, [(a) Robert B. Lang and (b) David A. Lang, as Trustee of the David A. Lang Revocable Trust to (a) Robert B. Lang and (b) David A. Lang, as Trustee of David A. Lang Revocable Trust as partners in the Lang Brothers Monomoy Partnership], and Lang Family Nominee Trust Fourth Revised Schedule of Beneficial Interests document dated August 20, 2004, received at the Land Bank on June 1,2005; Exhibit G, Transfer Documents Record No. 25792, including Form A, Form B, and Lang Brothers Monomoy Partnership Transfer of Partnership Interest document dated October 19, 2004, (25% from David A. Lang, as Trustee of the David A. Lang Revocable Trust to Robert B. Lang) received at the Land Bank on June 1,2005; Exhibit H, Transfer Documents Record No. 25842, including Form A, and Form B (25% from David A. Lang, as Trustee of the David A. Lang Revocable Trust to Robert B. Lang) received at the Land Bank on June 15, 2005; Exhibit I, Land Bank Notice of Assessment / Record No. 25792 dated July 15, 2005, to Robert B. Lang, Land Bank Notice of Assessment / Record No. 25842 dated July 15, 2005, to Robert B. Lang, and cover letter to Robert B. Lang from Kenneth W. Holdgate, Jr., Chairman, Nantucket Land Bank Commission; Exhibit J, Correspondence dated July 21, 2005, from Robert B. Lang by his attorneys, Reade, Gullicksen, Hanley and Gifford, LLP, by Arthur I. Reade, Jr., P.C., to Nantucket Land Bank Commission, requesting a hearing on Nantucket Islands Land Bank Notice of Assessment / Record No. 25792 dated July 15,2005, and Land Bank Notice of Assessment / Record No. 25842 dated July 15,2005; Exhibit K, Transfer Documents Record No. 26001, including Form A, Form B, and Lang Family Nominee Trust Instrument of Transfer of Beneficial Interest document dated July 21, 2005, (100% interest from Robert B. Lang to Robert B. Lang, Trustee of the Robert B. Lang Revocable Living Trust) received at the Land Bank on August 2,2005; Exhibit L, Correspondence from Valerie Swett, Esq. dated August 8, 2005, to Arthur I. Reade, Jr., Esq.; Exhibit M, Correspondence from Valerie Swett, Esq. dated September 15,2005, to Arthur I. Reade, Jr., Esq. including attached correspondence from Valerie Swett, Esq. dated August 8, 2005, to Arthur I. Reade, Jr., Esq.; Exhibit N, Correspondence from Arthur I. Reade, Jr., Esq. dated September 21,2005, to Valerie Swett, Esq. including attached copies of: The Marion C. Lang Revocable Living Trust Agreement dated August 12, 1999. The Harold M. Lang Revocable Living Trust Agreement dated August 12, 1999. The Marion C. Lang Personal Residence Trust for Robert B. Lang. The Marion C. Lang Personal Residence Trust for David A. Lang. Land Bank Commission September 12,2006 Page 4 Valerie Swett, Esq. was in attendance on behalf of the Land Bank. Richard J. Glidden, Esq. and Keith M.Yankow, Esq. were in attendance on behalf of their respective clients, Thomas M. and Meredith L. Sobol and Bruce H. Poor. Mr. Glidden provided information regarding the Sobols' purchase ofa 50% interest in property located at 45 and 45A Vestal Street Extension from Bruce Issadore and John J. Englert. Mr. Yankow informed the Commission of the pending sales of two lots in the Hedgebury Lane Subdivision and asked the Commission to consider releasing those lots from the Land Bank lien which was placed against the properties on August 23, 2006. There being no further discussion on the matter, upon a motion made and duly seconded, it was VOTED to schedule a hearing at a meeting to be held at 4:00 p.m. October 24,2006, and to notify all parties of the date. Mr. Glidden and Mr. Yankow departed the meeting at this time. E. EXECUTIVE SESSION: Upon amotion 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. RETURN TO OPEN SESSION F. PROPERTY MANAGEMENT: 1. Miacomet Golf Update: Mr. Charles Passios of Moors, Inc. was in attendance. a. Operations Update: Mr. Passios provided an update on golf course operations including matters related to golf shop hours and hosting private functions at the golf club. b. Facilities Update - Building Improvements: Mr. Passios reported that the clubhouse bathrooms are complete and the plans for the deck project and administration building are being revised for the Commission's review. c. Facilities Update - Golf Course Renovations: Mr. Passios reported that since the project has not yet received approval from the Secretary of Environmental Affairs the scheduling of the renovations would have to be delayed until the first or second week of October. The Commission discussed alternatives to the schedule and scope of the project. Based upon a recommendation by Mr. Passios, upon a motion made and duly seconded, it was VOTED to delay the project until 2007/2008, to direct Moors Inc. to arrange for custom grown fairway sod and to authorize Mr. Passios to put out a new RFP (requests for proposals) incorporating approved changes to the schedule and scope as discussed. Mr. Passios departed at this time. G. TRANSFER BUSINESS (continued): 1. Transfer Record Nos. 27192 through 27266: The Commission reviewed transfers for the period of August 1, 2006, through August 31, 2006. Land Bank Commission September 12, 2006 Page 6 2. Somerset Road Bike Path Project Update: The Director provided an update on recent activites by Glowacki Paving including site preparation and drainage installation. 3. Latici Property - Lease Discussion: The Commission continued its discussion from the August 22nd meeting regarding a request from Attorney Melissa Philbrick, representative for Bruno Latici, asking the Commission to consider a five-year extension to Mr. Latici's lease until June 24,2013, should he complete the required septic upgrade. Upon a motion made and duly seconded, it was VOTED to extend the lease until December 1, 20 I 0, subject to the installation of the upgrade to the septic system and subject to Mr. Latici' s allowing for the creation of nose-in parking along the side of the property at North Cambridge Street. 4. Pat Gardner Property - Cottage Expansion Update: The Director reported that Historic District Commission approval was received on the Option II design for the addition to the Marble Cottage and that a work order was submitted to Nantucket Surveyors for a septic system upgrade design. 5. Nobadeer Farm Road Property - Ball Fields Discussion: The Commission reviewed the ball fields concept plan prepared by Gale Associates for the Parks and Recreation Commission. 6. Stone Property - Use Request: The Director presented a request from Kimberly Fajen and Shane Haden to hold a wedding ceremony on Saturday, September 30,2006, from 3:45 p.m. to 4:30 p.m, to include approximately 85 guests, 10 folding chairs and a bagpiper. Upon a motion made and duly seconded, it was VOTED to approve the request as presented. 7. Codfish Park Playground Discussion: The Director reported that he had been contacted by 'Sconset summer resident Beth Singer. Ms. Singer would like to raise money for improvements to the playground at Land Bank's Codfish Park Property. The consensus of the Commission was to approve the request subject to the playground being a modest playground and subject to neighborhood approval. K. 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 approval of the Executive Session minutes and land acquisition. RETURN TO OPEN SESSION ADJOURNMENT: Upon a motion made and duly seconded, it was VOTED to adjourn at 7:10 P.M. Attested to: Accepted, Approved and Released by the VOTE of The Commission this 26th day of September 2006. DWLIB 204280v2 1141/00 TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of September 12,2006 1. Transfer Hearing Requests: Record No. 26947 Bruce H. Poor Record No. 26977 Bruce A. Issadore, John 1. 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 2. August Transfers - Record Nos. 27192 through 27266: a. Current "M" Exemptions: No. 27199 Almando Mason and Maydene Mason No. 27207 Asa J. Hubner No. 27215 Carolyn Bowla-Nelson No. 27235 Loris L. Cooper No. 27260 Douglas E. Tejada b. Additional Review and Request for Information: No. 27201 Clark Kent LLC No. 27239 Nanahumacke Preserve Homeowners Association Trust No. 27258 Cahoon Family Nominee Trust 3. Transfer Update: a. Inquiry Non- Compliance No. 26973 Matthew W. McManus and Jennifer McManus MINUTES Nantucket Land Bank Commission Regular Meeting of September 12, 2006 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER: 4:00 P.M. PRESENT: Bartlett, Holdgate, Johnson, Reinhard, Stackpole. Commissioner Bartlett joined the meeting during the Transfer Hearing. Minutes of the regular meeting held August 22, 2006: Upon a motion made and duly seconded, it was VOTED to accept, approve and release the minutes of August 22, 2006, as written. A. CITIZEN BUSINESS/ANNOUNCEMENTS: None. B. TRANSFER HEARING - Nos. 25792 and 25842 Robert B. Lang: 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 July 15,2005, to Robert B. Lang. The hearing was tape recorded. Valerie Swett Esq. was present to act as the legal counsel to the Land Bank Commission. Robert B. Lang was present at the hearing. Arthur 1. Reade, Esq. was present as representative for Mr. Lang. 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 A. Transfer Documents Record No. 20939, including Form A, Form B, Form C, and deed from Marion C. Lang and Harold M. Lang, Trustees of The Marion C. Lang Revocable Living Trust Agreement and Harold M. Lang, Trustee of The Harold M. Lang Revocable Living Trust to David A. Lang and Robert B. Lang, Trustees of the Lang Family Nominee Trust recorded at the Nantucket Registry on June 27, 2001, as Document 93198; Exhibit B. Correspondence from Attorney Marianne Hanley dated May 27, 2005, to Nantucket Islands Land Bank submitted by hand with Land Bank Transfer Nos. 25788,25789,25790,25791, and 25792; Exhibit C. Transfer Documents Record No. 25788, including Form A, Form B, Lang Family Nominee Trust Assignment of Beneficial Interest document dated June 11,2003, (25% interest from Robert B. Lang and David A. Lang, Trustees of The Marion C. Lang Personal Residence Trust to Robert B. Lang), Lang Family Nominee Trust Assignment of Beneficial Interest document dated June 11,2003, (25% interest from Robert B. Lang and David A. Lang, Trustees of The Marion C. Lang Personal Residence Trust to David A. Lang), and Lang Family Nominee Trust Schedule of Beneficial Interests document dated June 11, 2003, received at the Land Bank on June 1,2005; Exhibit D. Transfer Documents Record No. 25789, including Form A, Form B, Lang Family Nominee Trust Assignment of Beneficial Interest document dated June 2, 2004, (25% interest from Robert B. Lang and Land Bank Commission September 12,2006 Page 3 The Harold M. Lang Personal Residence Trust for Robert B. Lang. The Harold M. Lang Personal Residence Trust for David A. Lang. Deed from Marion C. Lang and Harold M. Lang, Trustees of The Marion C. Lang Revocable Living Trust Agreement and Harold M. Lang, Trustee of The Harold M. Lang Revocable Living Trust Agreement to David A. Lang and Robert M. Lang, Trustees of Lang Family Nominee Trust. The (initial) Schedule of Beneficial Interests in Lang Family Nominee Trust. The Partnership Agreement of Lang Brothers Monomoy Partnership. The David A. Lang Revocable Trust. Exhibit O. Correspondence from Arthur 1. Reade, Jr., Esq. dated January 20, 2006, to Valerie Swett, Esq. with attached copies of the 2004 Federal and Massachusetts partnership returns of the Lang Brothers Monomoy Partnership; Exhibit P. Correspondence from Valerie Swett, Esq. dated June 21, 2006, to Arthur I. Reade, Jr., Esq.; Exhibit O. Correspondence from Arthur 1. Reade, Jr., Esq. dated July 7, 2006, to Valerie Swett, Esq.; Exhibit R. Correspondence from Valerie Swett, Esq. dated July 14,2006, to Arthur 1. Reade, Jr., Esq.; Exhibit S. Correspondence from Arthur I. Reade, Jr., Esq. dated August 11,2006, to Valerie Swett, Esq. with attached copy of the 2005 Federal and Massachusetts partnership returns (final returns) of the Lang Brothers Monomoy Partnership. Mr. Reade presented an explanation of the circumstances regarding the transfer and a legal argument as to why the respondent claims that the transfer is exempt from the Land Bank fee. With Mr. Reade's consent, Ms. Swett asked Mr. Lang several questions about the partnership. There being no further information or evidence to be provided, upon a motion made and duly seconded, it was VOTED to close the hearing. Mr. Reade and Mr. Lang departed the meeting at this time. C. 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. RETURN TO OPEN SESSION D. TRANSFER BUSINESS: 1. Transfer Hearing Requests: 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 The Commission was informed that David L. Arons, Esq. had requested a hearing in his letter dated September 7,2006, in response to the Land Bank Notices of Assessment dated August 23,2006, pertaining to the above referenced transfers. Land Bank Commission September 12,2006 Page 5 a. Current "M" Exemptions and Liens: The Commission authorized placing liens against the following properties as a result of the purchasers claiming the "M" exemption as first-time buyers of real property: No. 27199 Almando Mason and Maydene Mason No. 27207 Asa J. Hubner No. 27215 Carolyn Bowla-Nelson No. 27235 Loris L. Cooper No. 27260 Douglas E. Tejada b. Additional Review and Request for Information: Staff was asked to seek additional information and/or documentation regarding the following transfers in order to determine compliance with the Land Bank Act: No. 27201 Clark Kent LLC No. 27239 Nanahumacke Preserve Homeowners Association Trust No. 27258 Cahoon Family Nominee Trust 2. Transfer Update: a. Inquiry Non-Compliance - No. 26973 Matthew W. McManus and Jennifer McManus: Ms. Hunter summarized the history of the transfer based upon information currently available to the Land Bank. After a discussion, upon a motion made and duly seconded, it was VOTED that there was a failure to discharge the full Land Bank fee due on the transfer and to send a Notice of Assessment of Fee Due. The Commission made a determination of value of the property interests as being 25% of the fair market value of the real property interest transferred as determined by the Town of Nantucket's property valuations in effect at the time of transfer. H. FINANCIAL BUSINESS: 1. Monthly Transfer Statistics: The matter was held over. 2. Warrant Authorization - Cash Disbursements: Upon a motion made and duly seconded, it was VOTED to execute the September 12,2006, warrant document in the amount of $74,009.65 to be provided to the county treasurer. 3. Warrant Authorization - Note No. 27, Ottison: Upon a motion made and duly seconded, it was voted to authorize payment of the principal and interest on Land Bank Note No. 27 held by Karl Ottison, Susan C. Ottison and Albert Ottison and to authorize the transfer of funds to the Deutsch Williams Escrow Account for the payment in the total amount of$4,612,500. I. REGULAR BUSINESS: 1. Public Notice Review: The Director reviewed public notices received since the last review. No action was taken. 2. 2006 Special Town Meeting - Articles Discussion: The Director summarized proposed changes to the overlay districts which will be considered at the October 2006 Special Town Meeting, specifically those changes which would affect Land Bank properties. J. PROPERTY MANAGEMENT: 1. Property Management Update: Mr. Perry provided an update on the 2006 summer season property management activities, projects completed, use and abuse at the properties, and projects scheduled for fall and winter 2006/2007. MONTHLY TRANSFER STATISTICS CALENDAR 2005 CAL05 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received Jan-05 130 57 73 $136,754,392 $135,351,725 $2,744,481 Feb-05 85 48 37 $43,249,759 $42,599,759 $853,995 Mar-05 93 53 40 $68,345,932 $67,135,932 $1,356,739 Apr-05 89 50 39 $51,084,963 $49,884,963 $1,007,699 May-05 96 50 46 $83,808,142 $76,101,803 $1,524,036 Jun-05 124 58 66 $148,172,988 $144,472,988 $2,889,460 Jul-05 83 36 47 $84,966,423 $84,366,423 $1,691,900 Aua-05 92 45 47 $79,297,377 $78,447,377 $1,574,140 Sep-05 131 48 83 $170,977,147 $155,677,147 $3,113,343 Oet-05 120 35 85 $176,148,013 $171,285,209 $3,429,117 Nov-05 91 48 43 $75,391,500 $74,591,500 $1,495,630 -- Dee-05 148 110 38 $79,616,375 $65,841,375 $1,335,445 .................. . .................. . ::t8Rli1:Aw.G~@ Average Low High .......... . ...............9...... )::72 .......... . 107 83 148 ............. . ............ . ...............:':)9..7.. ~nH~~~~~H~H~~~ ',:.: ............. . 53 35 110 .....::.:::.::.:..395 ............. . .... . .... 54 37 85 ...................$.....9.......6................6.. ........... . .. . .......... . . . ........... ..... .......... . " . . . . . . . . . . . . . .. .......... ...... . ::::::::::::::::::::..:~.::1ii,.:.7~!~7..: $99,817,751 $43,249,759 $176,148,013 ........................ . .............$..............3.....0................ ....... .. . .. . . . . . . '. . ...... .... ...... ...... . . .. . ...... .... ...... ::::::::::" :678" '.6.' .:970:: .........................,.............'............... ........ . $95,479,683 $42,599,759 $171,285,209 ................... . .......$................................. .... ....... . '" ... . . .... . ... ... ...... .. >...1~j942i4pp $1,917,999 $853,995 $3,429,117 MONTHLY TRANSFER STATISTICS CALENDAR 2006 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 AUQ-06 75 49 26 $48,890,581 $46,838,137 $938,763 Sep-06 '- Oet-06 Nov-06 Dee-06 :::*H~o. A0~:b.~ Average Low High ............. . ...............6........... ....... .. . . . . . . . . . . :.:::..:.::.:.:...9.1:.. ............. . .......... .. 86 66 106 .....'.....'. .'.....-. ...............3..9..2.. ........ . ........ . ~:~:;:):~:~:~::-: '.. ' ........... . ............ . 49 34 63 299.:....,... . . . . . , 37 26 47 .:.$.$,$~~7~$;$41 $74,840,743 $48,890,581 $105,705,774 ..:.:......:$$a$;.q$,~;Q$~...: $73,261,512 $46,838,137 $104,705,774 .... .$'11t73:$"M~'. $1,466,730 $938,763 $2,094,115 MONTHL Y UNAUDITED