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Home My WebLink About2006-04-11 AGENDA Nantucket Land Bank Commission Regular Meeting of April 11, 2006 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER A. TRANSFER HEARING: No. 25156 Robert Driscoll & Laina C. Driscoll No. 25586 Quisett Partners Nominee Trust Minutes of the regular meetings held March 28,2006 B. CITIZEN BUSINESS/ANNOUNCEMENTS C. PROPERTY MANAGEMENT 1. Miacomet Golf Update D. TRANSFER BUSINESS E. FINANCIAL BUSINESS 1. Monthly Transfer Statistics 2. Warrant Authorization F. REGULAR BUSINESS 1. Public Notice Review 2. Community Preservation Committee Member Appointment G. PROPERTY MANAGEMENT 1. Carter Property - Bulkhead Permitting Update 2. Goodwillie Property - Road Takings Request 3. Farrell Property - House Move 4. Cisco Beach Property - Use Request 5.22 Broad Street - Landscaping 6. 40th Pole Property - Management Discussion EXECUTNE SESSION ADJOURNMENT -! o ~: (-") r- r'l ...,,",...., .."'"J g ;0 =- -0 :::0 Lv ...... ::;::. (X) .r:;. V1 band Bank Commission April 11, 2006 Page 2 Exhibit H. Open End Mortgage from Robert Driscoll, Jr. and Laina C. Driscoll to Fleet Bank (Home Equity Line of Credit, maximum principal sum $135,000) recorded at the Nantucket Registry on March 4, 2005, as Book 944, Page 28; Exhibit I. Correspondence from the Nantucket Land Bank Commission dated March 16, 2005, to Richard J. Glidden requesting additional information regarding Transfer Record No. 25156; Exhibit J. Declaration of Trust by Robert Driscoll and Laina C. Driscoll, Trustees and Quissett Partners Nominee Trust recorded at the Nantucket Registry on March 29,2005, as Book 947, Page 303; Exhibit K, Transfer Documents Record No. 25586, including Forms A and B and deed from Robert Driscoll and Laina C. Driscoll to Robert Driscoll and Laina C. Driscoll, Trustees of Quissett Partners Nominee Trust recorded at the Nantucket Registry on March 29,2005, as Book 947, Page 307; Exhibit L. Correspondence from the Nantucket Land Bank Commission dated April 29, 2005, to Richard J. Glidden requesting additional information regarding Transfer Record No. 25156; Exhibit M. Correspondence from the Nantucket Land Bank Commission dated May 13,2005, to Richard J. Glidden requesting additional information regarding Transfer Record No. 25156; Exhibit N, Notice of Assessment against Transfer No. 25156 from the Nantucket Islands Land Bank Commission dated July 14, 2005, to Robert Driscoll and Laina C. Driscoll from Kenneth W. Holdgate, Jr., Chairman, Nantucket Land Bank Commission; Exhibit O. Correspondence from the Nantucket Land Bank Commission dated August 25, 2005, to Robert Driscoll and Laina C. Driscoll requesting additional information regarding Transfer Record No. 25586; Exhibit P. Nantucket Islands Land Bank Notice of Lien against Robert Driscoll and Laina C. Driscoll recorded at the Nantucket Registry on September 14,2005, as Book 977, Page; Exhibit O. Correspondence from the Nantucket Land Bank Commission dated September 20,2005, to Robert Driscoll and Laina C. Driscoll requesting additional information regarding Transfer Record No. 25586; Exhibit R. Correspondence from the Nantucket Land Bank Commission dated October 25,2005, to Robert Driscoll and Laina C. Driscoll requesting additional information regarding Transfer Record No. 25586; Exhibit S. Notice of Assessment against Transfer No. 25586 from the Nantucket Islands Land Bank Commission dated December 21,2005, to Robert Driscoll and Laina C. Driscoll, Trustees and Quissett Partners Nominee Trust from Kenneth W. Holdgate, Jr., Chairman, Nantucket Land Bank Commission; Exhibit T. Correspondence from Richard 1. Glidden dated December 22,2005, to Kenneth W. Holdgate, Jr., Chairman, Nantucket Land Bank Commission requesting a hearing on Land Bank Notice of Assessment dated July 14, 2005, and Land Bank Notice of Assessment dated December 21,2005; Exhibit U. Correspondence from the Nantucket Land Bank Commission dated January 12, 2006, notifying Richard J. Glidden (Cc: Robert Driscoll and Laina C. Driscoll) of the scheduled hearing date; Exhibit V. Correspondence from Richard J. Glidden dated January 18,2006, to Kenneth W. Holdgate, Jr., Chairman, Nantucket Land Bank Commission asking the Commission to postpone the hearing on Nantucket Islands Land Bank Notices of Assessment against Transfer Nos. 25156 and 25586 until April 2006; Land Bank Commission April 11, 2006 Page 4 e. Facilities Discussion - Security Cameras: The Commission discussed the purchase and installation of a security camera system including surveillance of the exterior building grounds, the restaurant and pro-shop at a cost of $8,800. 2. Somerset Road Bike Path Update: The Commission reviewed completed plans for the proposed bike path along Somerset Road / West Miacomet Road, discussed paving, signage and speed bump options, and asked the Director to move forward with the bidding process for construction. D. TRANSFER BUSINESS: 1. Transfer Record Nos. 26769 through 26872: The Commission reviewed transfers for the period of March 1, 2006, through March 31, 2006. a. 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.26769 Sylvester Baptiste and Ann Marie Baptiste No.26775 Garrett W. Allen and Doreen A. Allen No.26785 Peter D. Osley and Philip C. Osley No. 26816 Victor Marrett and Carol Falconer No. 26817 Marco Coelho No. 26845 Juliet Porter No. 26867 Wayne E. John and Kelly A. John 2. Transfer Update: a. Satisfactorily Completed Form B and/or Documentation Provided - No. 26659 Two Fifty One Hummock Pond Road Realty Trust: Based upon the information and/or documentation provided by the purchaser, the Commission found the transfer to be in order: b. Release of Lien and Replacement Notice of Lien - No. 25192 H. Gordon Kennedy and Ellen A. Mackenzie: The Commission authorized a Release of Lien and a corrected replacement Notice of Lien for the above referenced transfer. E. FINANCIAL BUSINESS: 1. Monthly Transfer Statistics: The March 2006 transfer statistics were presented to the Commission. 2. Warrant Authorization - Cash Disbursements: Upon a motion made and duly seconded, it was VOTED to approve and execute the April 11, 2006, warrant document in the amount of $84,916.09 to be provided to the county treasurer. F. REGULAR BUSINESS: 1. Public Notice Review: The Director presented public notices received since the last meeting. No action was taken. Land Bank Commission April 11, 2006 Page 6 H. 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 land acquisition. RETURN TO OPEN SESSION ADJOURNMENT: Upon a motion made and duly seconded, it was VOTED to adjourn at 6:30 P.M. Attested to: John 1. Accepted, Approved, and Released by the VOTE of the Commission this 25th day of April 2006. 6w~~(~ TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of April 11, 2006 1. Transfer Hearing: No. 25156 Robert Driscoll and Laina C. Driscoll and No. 25586 Quissett Partners Nominee Trust 2. March Transfers - Record Nos. 26769 through 26872 a. Current "M" Exemptions: No.26769 Sylvester Baptiste and Ann Marie Baptiste No. 26775 Garrett W. Allen and Doreen A. Allen No. 26785 Peter D. Osley and Philip C. Osley No. 26816 Victor Marrett and Carol Falconer No.26817 Marco Coelho No. 26845 Juliet Porter No.26867 Wayne E. John and Kelly A. John 3. Transfer Update: a. Satisfactorily Completed Form B and/or Documentation Provided: No. 26659 Two Fifty One Hummock Pond Road Realty Trust b. Release of Lien and Replacement Notice of Lien: No. 25192 H. Gordon Kennedy and Ellen A. Mackenzie MINUTES Nantucket Land Bank Commission Special Meeting of April 11, 2006 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER: 4:08 P.M. PRESENT: Bartlett, Reinhard, Stackpole. ABSENT: Holdgate, Miller. A. TRANSFER HEARING - Notice of Assessment Hearing No. 25156 Robert Driscoll and Laina C. Driscoll and No. 25586 Quisett Partners Nominee Trust: 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 14,2005, to Robert Driscoll and Laina C. Driscoll and December 21,2005, to Quissett Partners Nominee Trust. John Arena was present at the hearing. The hearing was opened by the Vice Chairman. Ms. Hunter 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. Declaration of Trust dated October 15, 2004, by Richard J. Glidden, Trustee and the 89 Washington Street Realty Trust recorded at the Nantucket Registry on October 15, 2004, as Book 918, Page 242; Exhibit B. Deed from James W. Green and John Greene to Richard J. Glidden, Trustee of 89 Washington Street Realty Trust ($1,385,000) recorded at the Nantucket Registry on October 15, 2004, as Book 918, Page 246; Exhibit C. Mortgage from Richard J. Glidden, Trustee of 89 Washington Street Realty Trust to Ric Calvillo ($350,000) recorded at the Nantucket Registry on October 15, 2004, as Book 918, Page 249; Exhibit D. Transfer Documents Record No. 25156, including Form A, deed from Richard J. Glidden, Trustee of 89 Washington Street Realty Trust to Robert Driscoll and Laina C. Driscoll recorded at the Nantucket Registry on December 8, 2004, as Book 929, Page 47, Schedule of Beneficial Interests of the 89 Washington Street Realty Trust and Agreement for Re-Conveyance between Robert Driscoll, John Arena and Thomas Arena; Exhibit E, Mortgage from Robert Driscoll and Laina C. Driscoll to Bank of America, N.A. ($970,000) recorded at the Nantucket Registry on December 8, 2004, as Book 929, Page 52; Exhibit F. Discharge of Mortgage recorded as Book 918, Page 249, from Richard 1. Glidden, Trustee of 89 Washington Street Realty Trust to Ric Calvillo, executed December 30, 2004, recorded at the Nantucket Registry on January 10, 2005. as Book 935, Page 169; Exhibit G. Correspondence from the Nantucket Land Bank Commission dated January 14, 2005, to Richard J. Glidden requesting additional information regarding Transfer Record No. 25156; Land Bank Commission April 11, 2006 Page 3 Exhibit W. Correspondence from the Nantucket Land Bank Commission dated January 25, 2006, by regular mail and facsimile notifying Richard J. Glidden (Cc: Robert Driscoll and Laina C. Driscoll by regular mail) of the re-scheduled hearing date. John Arena presented a brief explanation of the circumstances regarding the transfers, a history of the ownership of the property and an argument as to why he believes that the transfers are exempt from the Land Bank fee. Mr. Arena stated that the ownership of the property has not changed since it was originally purchased in October 2004. The Commission reminded Mr. Arena that written documentation, recorded and unrecorded, clearly indicates that ownership has changed. There being no further information or written evidence to be provided by the respondent at this time, upon a motion made and duly seconded, it was VOTED to continue the hearing to the next regular meeting to be held on April 25, 2006, to allow time for Mr. Arena to provide written documentation and/or affidavits by the parties for the Commission's review regarding his representations that the ownership interests have not changed. Mr. Arena departed the meeting at this time. Minutes of the regular meeting held March 28,2006: Upon a motion made and duly seconded, it was VOTED to accept, approve, and release the minutes of March 28,2006, as written. B. CITIZEN BUSINESS/ANNOUNCEMENTS: None C. PROPERTY MANAGEMENT: 1. Miacomet Golf Update: a. Member Discussion - Private Golf Cars: Mr. Passios reported that the golf club's insurance policy does not include coverage of the privately owned golf cars. The Commission asked Mr. Passios to seek an alternative option for coverage ofthose cars and to report back to the Commission with a recommendation. b. Facilities Equipment Request - Restaurant Tables: Mr. Passios presented a request to purchase additional restaurant tables and chairs at an estimated cost of $4,900. Upon a motion made and duly seconded, it was VOTED to authorize the purchase. c. Facilities Update - Building Permit Denial: Mr. Passios reported that application for the clubhouse building permit has been denied as the result of a preexisting non-conforming zoning violation. The Commission asked Mr. Passios to make every effort to move forward with the bathroom renovations and to seek relief from the Zoning Board of Appeals for the proposed construction. d. Facilities Update - Course Improvements: Mr. Passios reported that the nine-hole renovation plans are complete. A discussion followed regarding options for phasing construction and the Commission asked Mr. Passios to provide phasing plan recommendations. Land Bank Commission April 11, 2006 Page 5 2. Community Preservation Committee Member Appointment: Upon a motion made and duly seconded, it was VOTED to appoint Commissioner Reinhard as the interim designee to the Community Preservation Committee in the event that Commissioner Miller is unable to serve. G. PROPERTY MANAGEMENT: 1. Carter Property - Bulkhead Permitting Update: The Director reported that staff at the Conservation Commission has expressed concern regarding a proposed application by the Land Bank for installation of additional bulkhead at the Carter property. The Commission determined to proceed cautiously and to ask Sullivan Engineering to revisit the application, the Conservation Commission's concerns and the site assessment. 2. Goodwillie Property - Road Takings Request: The Director presented a request for the execution ofa waiver and voluntary grant authorizing the Town of Nantucket's taking of the access road to the Land Bank's Goodwillie property, Washing Pond Road. Upon a motion made and duly seconded, it was VOTED to authorize the Vice Chairman to sign the documents. 3. Farrell Property - House Move: The Director reported that members of the Farrell family are considering moving the remaining house, currently permitted for Land Bank demolition, to their property. The Commissioners determined to pay for a $15,000 portion of the Farrell's cost for the move which they believe would be similar to Land Bank's expenses for a demolition. 4. Cisco Beach Property - Use Request: The Commission approved a request from Gary Kohner, Nantucket Island Surf School, to renew his lease ofa portion of the Land Bank's Cisco Beach Property to rent surfboards and provide surfing lessons subject to Mr. Kohner's obtaining acceptable indemnification and insurance protection for the Nantucket Land Bank, all students and board renters signing hold-harmless agreements and Mr. Kohner providing stewardship at the property by performing daily cleanups at the parking and beach areas. Lease term shall be one year; lease amount shall be $4,500. 5.22 Broad Street - Landscaping: The Director presented a request to install drip irrigation at an estimated cost of$I,500 and reported on a recent discussion with 'Sconset Gardeners regarding a new design for restoring the landscaped garden at 22 Broad Street. The Commission asked staff to obtain detailed plans for review at a later meeting. 6. 40th Pole Property - Management Discussion: The Commission briefly discussed options for summer management at the 40th Pole property including placement and maintenance of porto- potties, beach raking and trash clean-up. The item was held over until property management staff could be present for discussion. 7. Glowacki Property - Tree Relocation Discussion: Commissioner Stackpole initiated a discussion regarding relocation of the trees at the Glowacki property. The Commission asked the Director to work with the town in an effort to relocate the trees in coordination with its plans to improve the intersection at Orange Street and Union Street. MONTHLY TRANSFER STATISTICS FISCAL YEAR 2005 FY05 Month Jul-04 Aug-04 Sep-04 Oct-04 Nov-04 Dec-04 Jan-05 Feb-05 Mar-05 Apr-05 May-05 Jun-05 .............. . ............. . =rMRYM4ffP5. Average Low High Total Exempt Taxable Total Gross Transfers Transfers Transfers Value 100 83 135 161 90 176 130 85 93 89 96 124 :.1,P'$$..:: 114 83 176 55 41 46 61 28 112 57 48 53 50 50 58 .:....::.:..$91.::.,.... 55 28 112 45 42 89 100 62 64 73 37 40 39 46 66 <5.52 . . . . . . . . . 59 37 100 $73,444,580 $59,176,066 $154,331,770 $188,678,425 $90,528,833 $96,050,582 $136,754,392 $43,249,759 $68,345,932 $51,084,963 $83,808,142 $148,172,988 :.. ':':"...:.'...:.$$.19 ;:~fflP~~$$. $99,468,869 $43,249,759 $188,678,425 MONTHLY TRANSFER STATISTICS FISCAL YEAR 2006 Gross Value Taxable $56,285,180 $58,161,216 $153,331,770 $163,378,425 $89,928,833 $94,817,249 $135,351,725 $42,599,759 $67,135,932 $49,884,963 $76,101,803 $144,472,988 ':.':'~$$P;$$q,9$$... $94,287,487 $42,599,759 $163,378,425 Revenue Received $1,125,704 $1 ,171 ,774 $3,066,635 $3,633,009 $1,808,922 $1,900,345 $2,744,481 $853,995 $1,356,739 $1,007,699 $1,524,036 $2,889,460 .................... . .........$..1. '7' "6' '0' ............... . . . .. .., .... .... . .. . ..... ... ..... .... . ... .. . ":,,.:.,:....:,..i,..,.,,1.i~04 $1,923,567 $853,995 $3,633,009 FY06 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received Jul-05 83 36 47 $84,966,423 $84,366,423 $1,691,900 Aug-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 Oct-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 Dec-05 148 110 38 $79,616,375 $65,841,375 $1,335,445 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 May-06 Jun-06 . . . . . . . . . . . . . . . . . : THRUi MAR~ 06~ ~ ~ ~ j ~ ~ ~ i~ ~:i ]962! i \~ ~ ~ ~ ~ i ~ i ~ ~ i ~ ~ ~ ~]~ 498! ~] .;....-:.....; . ...... .......-:.>>:-;.;.:-:<.;.:-:-:.:-:.:.............. Average 107 55 Low 83 35 High 148 110 MONTHL Y . . . . . . . . . . . . . . . /:.4i$4:..:....'.. 52 33 85 -:$996,688~895'. $865,840,305' $100,743,211 $96,315,589 $52,792,786 $51,532,000 $176,148,013 $171,285,209 """'$..,........,."....,.,......,..., ',','.' 1'7' "'3' 8:{\'2' '00, . :.:-:< :;. -:,'. v..,'... ::;:::;.,.;.;::::I:.::;.;.::!.:.:.:::.:: $1,931,133 $1,038,640 $3,429,117 UNAUDITED