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