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Home My WebLink About2010-01-26 AGENDA Nantucket Land Bank Commission Regular Meeting of January 26,2010 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER A. EXECUTIVE SESSION B. REGULAR BUSINESS 1. Coffin Setoff - Eminent Domain Proceedings C. CITIZEN BUSINESS/ANNOUNCEMENTS D. MINUTES OF THE REGULAR MEETING OF JANUARY 12,2010 E. TRANSFER BUSINESS F. FINANCIAL BUSINESS 1. Monthly Financial Report 2. Warrant Authorization - Cash Disbursements G. PROPERTY MANAGEMENT 1. Miacomet Beach Property - Wedding Ceremony Request 2. Nobadeer Farm Road Property - Management Update ADJOURNMENT ~v . - 0 ;U ---i :z: rn 0 ::p. ." :E z l'T1 '-" z: co / ..--0/0 - "'~ I .. 0 -- r , r"r--, ;a .. 0 <::; '>CJ MINUTES Nantucket Land Bank Commission Regular Meeting of January 26, 2010 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER: 3:58 P.M. PRESENT: Bartlett, Gardner, Reinhard, Stackpole. ABSENT: Johnson. A. 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 the approval of the minutes and land acquisition. RETURN TO OPEN SESSION B. REGULAR BUSINESS: I. Thomas Coffin Set Off - Eminent Domain Proceedings: a. Order of Taking: Pursuant to the authority granted by the town meeting vote of April 11, 2007 on Article 69 authorizing the Nantucket Islands Land Bank to acquire by eminent domain certain property known as the Thomas Coffin Set Off, as described therein, and upon a motion made and duly seconded, the Commission VOTED in a roll call vote, four in favor, none opposed, to adopt the Order of Taking By Eminent Domain Land in the Town of Nantucket, County of Nantucket (Thomas Coffin Set Off) as presented and filed with the minutes of this meeting. b. Resolution of Damage Award: Pursuant to the authority granted by the town meeting vote of April 11, 2007 on Article 69 authorizing the Nantucket Islands Land Bank to acquire by eminent domain certain property known as the Thomas Coffin Set Off, as described therein, and upon a motion made and duly seconded, the Commission VOTED in a roll call vote, four in favor, none opposed, to adopt the Commonwealth of Massachusetts Nantucket Islands Land Bank Commission Resolution of Damage Award (Thomas Coffin Set Off) as presented and filed with the minutes of this meeting. C. CITIZEN BUSINESS! ANNOUNCEMENTS: None. D. APPROVAL OF MINUTES: Upon a motion made and duly seconded, it was VOTED to accept, approve and release the minutes of the regular session meeting of January 12,2010. E. TRANSFER BUSINESS: 1. Transfer Update: a. Additional Information Provided: Based upon the submission of a satisfactorily completed Form B, the Commission found the following transfers to be in order: No. 30279 The Anita L. Rezendes Trust No. 30280 The George J. Rezendes Trust Land Bank Commission January 26, 2010 Page 2 No. 30375 Bank of America No. 30406 Richard Forhan Cahill Trust b. Purchase Price Documentation Provided: Based upon the submission of the requested documentation in support of the stated purchase price, the Commission found the following transfers to be in order: No. 30334 JosefVolman and Dana Volman No. 30342 John T. Nutting and Deborah M. Nutting No. 30398 Robert Cannon No. 30399 32 Polpis Road, LLC 2. "M" Exemption Update: a. Five-Year Domicile and Ownership Compliance - Releases of Lien: Upon a motion made and duly seconded, it was VOTED to authorize the issuance of Releases of Lien for the following as a result of the purchasers fulfilling all of the requirements of Section 12, subsection (-m-): No. 25320 Leslie-Ann Chumsae and Underwater LLC No. 25324 Robert D. Turner and Megan S. Turner No. 25337 Mark Phillip and Leann Phillip No. 25366 Moirar Leveille and Willy Leveille No. 25400 Bernadette Maglione b. Five- Year Domicile Non-Compliance/Notice of Assessment - No. 25397 Jesse Dutra: AdministratorlFiscal Officer Jesse Bell reported that the purchaser called the Land Bank to explain that he was once domiciled at the property, but that prior to the expiration ofthe five-year domicile requirement, he purchased a new home on Nantucket which he has since made his actual domicile. Based upon a failure to comply with the "actual domicile" requirement of the "M" exemption, upon a motion made and duly seconded, it was VOTED to issue a Notice of Assessment for the outstanding Land Bank fee plus penalty and accrued interest since the date of the transfer. F. FINANCIAL BUSINESS I. Monthly Financial Report: The Commission accepted the December 2009 financial report including the balance sheet and income statement previously provided by electronic correspondence. 2. Warrant Authorization - Cash Disbursements: Upon a motion made and duly seconded, it was VOTED to execute the January 26,2010 warrant document in the amount of$28,280.26 to be provided to the county treasurer. G. PROPERTY MANAGEMENT: I. Miacomet Beach Property - Wedding Ceremony Request: The Commission considered a request from Luke Kottke and Jennifer Jones to hold a wedding ceremony at the Land Bank's Miacomet Beach property for 140 guests on Saturday, June 26, 2010 from 4 to 5 p.m., with the Land Bank Commission January 26, 2010 Page 3 proposed set up of 30 chairs for older guests and no amplified music or catering services. Upon a motion made and duly seconded, the Commission VOTED to approve the request provided that efforts are made to carpool and/or shuttle some of the guests to and from the location. 2. Nobadeer Farm Road Property - Management Update: Executive Director Eric Savetsky provided an update on attempts to rectify some of the complaints of neighborhood residents, specifically in regards to the lighting issue at the Paddle Courts and the impact of increased traffic on the condition of the road. The Commission asked Mr. Savetsky to continue to work toward a solution and to speak to the Nantucket Paddle Tennis Association (N.P.T.A.) about contributing to the cost of grading the road. 3. Ray Property - Boathouse Relocation: Chairman John Stackpole presented a request on behalf of the Marine Department for the Land Bank to bear the expense to fix the foundation, replace the windows and rotate the Ray Boathouse to make it more usable for their needs. The Marine Department would handle the other renovation work. The Commission reviewed the cost estimates presented at the last meeting and approved Mr. Perry's recommendation to grant the building relocation and foundation work to Miles Reis. 4. Lily Pond Property - Drainage Issues: Commissioner Robert Gardner raised the idea of putting boardwalks along the Lily Street entrances to the Lily Pond Park and reported on the discovery of old water maps from the 19th century showing that drains were discontinued from the property. 5. Litigation Update - No. 26977 Bruce A. Issadore and John Englert: Mr. Savetsky reported that an offer to settle based on a $2.8 million dollar value was submitted to the purchasers for their consideration with the stipulation that it would only be viable for a 24-hour period because the Land Bank would be receiving its appraisal shortly and that the appraised value was anticipated to be far in excess of that amount. ADJOURNMENT: 5:20 p.m. Attested to: Accepted, Approved, and Released by the VOTE of the Commission this 9th day of February 2010. TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of January 26,2010 1. Transfer Update: a. Additional Information Provided: No. 30279 The Anita L. Rezendes Trust No. 30280 The George 1. Rezendes Trust No. 30375 Bank of America No. 30406 Richard Forhan Cahill Trust b. Purchase Price Documentation Provided: No. 30334 JosefVolman and Dana Volman No. 30342 John T. Nutting and Deborah M. Nutting No. 30398 Robert Cannon No. 30399 32 Polpis Road, LLC 2. "M" Exemption Update: a. Five-Year Domicile Compliance - Release of Liens: No. 25320 Leslie-Ann Chumsae and Underwater LLC No. 25324 Robert D. Turner and Megan S. Turner No. 25337 Mark Phillip and Leann Phillip No. 25366 Moirar Leveille and Willy Leveille No. 25400 Bernadette Maglione b. Five-Year Domicile Non-Compliance - Notice of Assessment: No. 25397 Jesse Dutra \III~JIIII~I~~~ Bk: 1217 Pg: 233 Page: 1 of 6 Doc: OOT 01/27/2010 11 :29 AM COMMONWEALTH OF MASSACHUSETTS NANTUCKET ISLANDS LAND BANK COMMISSION JANUARY 26, 2010 ORDER OF TAKING BY EMINENT DOMAIN LAND IN THE TOWN OF NANTUCKET, COUNTY OF NANTUCKET THOMAS COFFIN SET OFF Nantucket Islands Land Bank, a governmental authority located in Nantucket County, Massachusetts, acting and created by authority of Chapter 669 of the Acts of 1983, as amended, acting by and through its Commission, John J. Stackpole, Leslie B. Johnson, Allen B. Reinhard, Philip D. Bartlett, and Robert L. Gardner, being the duly elected and qualified members thereof, acting by authority of the vote taken under Article 69 of the warrant for the Annual Town Meeting of the Town of Nantucket held on Apri111, 2007, which article was passed by more than two-thirds of the members of town meeting present and voting (see certified copy recorded herewith); acting by virtue of the authority granted under Chapter 79 of the Massachusetts General Laws, as amended; and in addition thereto, having complied with all of the preliminary requirements prescribed by law, do hereby adopt and decree this Order of Taldng and do hereby take by eminent domain on behalf of the Nantucket Islands Land Bank, the following: 1. the fee simple interest in the land in the Town and County of Nantucket, consisting of approximately sixty (60) acres (the "Parcel") described on the Proprietors Set Off plan dated Apri117, 1852, recorded in Nantucket Registry of Deeds Book 50 Page 153 (the "Plan") and approximately described on the plan recorded in Plan File 54-F in said Deeds and on Town of Nantucket Assessor's Map 78 as Parcel 4; 2. all vegetation on the Parcel; and 3. all rights of passage, if any, over the roads, pathways and travelled tracks currently existing or laid out on the Parcel, whether or not shown on the Plan, including all rights to use and maintain the road lmown variously as "South Road" and ''New South Road" as laid out by the County of Nantucket by Layout dated October 1933 recorded in Nantucket Road Book 3 Page 37. The Parcel and all rights hereby taken are for conservation purposes. The parties whose interest or claim therein is taken are listed on Exhibit A attached hereto and incorporated herein by reference. The damages sustained by reason ofthis talong by any and all persons owning an interest in the Parcel are valued and awarded in a resolution of even date adopted by the Commissioners. If "any party named herein as an owner of an interest in the Parcel is not a true owner of said interest, then the award is made only to the true owner(s) of the Parcel and the interests taken. ADOPTED and dated at Nantucket this 26th day of January 2010. NANTUCKET ISLANDS LAND BANK By its Commission {fl- /Y. t!J QJJa;f hilip D. ~ett '~~'-C\'--- Robert L. Gardner 2 COMMONWEALTH OF MASSACHUSETTS Nantucket County, ss. On this 26TH day of January, 20 1 0, before me, the undersigned notary public, personally appeared <fOV\V\ (f. 0ta~o\v: A\\01 ~. tdV\V1U~, J\tlA\Af 1). ~~{\~I OO\?(y-r---V. a,tU/~V1V who constitute at least four ofthe five duly elected and serving Commissioners of the Nantucket Islands Land Bank, as aforesaid, proved to me through satisfactory evidence of identification, which was 0 photographic identification with signature issued by a federal or state governmental agency, 0 oath or affirmation of a credible witness, )(personallmowledge of the undersigned, to be the person whose name is signed on the preceding document, and acknowledged to me that they signed it voluntarily for its stated purpose on behalf of the Nantucket Islands Land Ban1(. . '. \..\.\t:aMu~J:!:L'"" . '::....~ . f ' ._'" ~ JESSE A: BELL W Notary Public W Commonwealth of Massac~usettS \.\i( My Commission Expires November 1, 2013 3 COMMONWEALTH OF MASSACHUSETTS NANTUCKET ISLANDS LAND BANK COMMISSION EXHIBIT A TO ORDER OF TAKING BY EMINENT DOMAIN LAND IN THE TOWN OF NANTUCKET, COUNTY OF NANTUCKET THOMAS COFFIN SET OFF The land and interests described in the foregoing Order of Taking are taken from the following parties (or their successors) who are supposed owners or claimants to some, but not all, of the land and interests talcen: OWNERS UNKNOWN, HEIRS OF THORNTON EASTON, ERFORD N. NEWCOMB, ALBINA NEWCOMB, HOWARD N. NEWCOMB, DEBORAH A. GOODALL, HEIRS OF LYDIA M. TRIPP, SHARON GAYNOR, FRANK F. KUKENE, JAMES R. KUKENE, JEFFREY W. KUKENE, GEORGE A. KUKENE, HEIRS OF VIRGINIA E. BENSON, HEIRS OF SHIRLEY A. CABRAL, HEIRS OF ARTHUR L. TRIPP, JR., HEIRS OF NORMA E. KELSO, HEIRS OF JAMES M. TRIPP, HEIRS OF WARREN P. TRIPP, CAROL B. GLASS, CAROLE B. GLADD, PAULINE R. SHAW, JEAN GROGEN, JEAN GROGAN, RODERICK D. MACDOUGALL, CHARLES MACDOUGALL, SANDRA M. CROSS, JOHN D. MACDOUGALL, HEIRS OF BARBARA NICHOLS, HEIRS OF MYRA PARKER, HEIRS OF MABEL JORDAN, HEIRS OF DEBORAH PITMANN, HEIRS OF CHARLES BAKER, HEIRS OF ANNE C. NEWCOMB, GALENE B. HOVEY, HEIRS OF MARY C. UNDERWOOD, HEIRS OF THOMAS COFFIN, SR., HEIRS OF THOMAS COFFIN, JR., HEIRS OF THOMAS G. BAKER, HEIRS OF MARGARET GAMMONS, HEIRS OF JOHN MAXCY CUSHMAN. 4 DWLlBDB\240262.106000/80 Town of Nantucket ........... OFFICE OF THE TOWN & COUNTY CLERK 16 Broad Street NANTUCKET, MASSACHUSETTS 02554-3590 ........... TO WHOM IT MAY CONCERN: Catherine Flanagan Stover, MMC, CMMC Town & County Clerk (508) 228-7217 FAX (508) 325-5313 Home: (508) 228-7841 Email: townclerk@nantucket-ma.gov April 30, 2007 I, Catherine Flanagan Stover, duly elected Clerk of the Town and County of Nantucket, hereby certify that the April 9, 2007 ANNUAL TOWN MEETING adopted Article 69: "Real Estate ACQuisition" at the April 11 , 2007 adjourned session when A...the adoption of all articles not heretofore acted upon as recommended by the Finance Committee, or as recommended by the Planning Board@ was duly motioned and seconded. VOTE: The vote on the motion pursuant to Article 69 as recommended by the Finance Committee, was by Unanimous Voice Vote. The motion was adopted. Catherine Flanagan Stover, CMC, CMMC Town and County Clerk ~ _ ,;;;;::.v ;.~' ..,. ATTEST: A TRUEC?P'( ~."".".'.'~. Ii ',.... .. ,., '.<".~ :NANTUCKETTOWNctERK . "ATM 07 Article 69, Page 1 of 2 ARTICLE 69 (Real Estate Acquisition) To see if the Town will vote to authorize the Nantucket Islands land Bank to acquire by purchase, gift or eminent domain the fee title or lesser title interest in a certain parcel of land, identified as Assessors Map 78, Parcel 4 and known as the Proprietors' South Pasture land, or any portions thereof, for any lawful purposes pursuant to the Nantucket Islands land Bank Act, or take any other action as may be appropriate or related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Nantucket Islands land Bank Commission is hereby authorized to acquire by purchase, gift or eminent domain the fee title or lesser title interest in a certain parcel of land, identified as Assessors Map 78, Parcel 4 and known as the Proprietors' South Pasture land, or any portions thereof, for any lawful purposes pursuant to the Nantucket Islands land Bank Act, provided however that this authorization shall not include any land, title or property interests held by the Town. ATM 07 Article 69, Page 2 of 2 ~: .;:-,- 'u If! % r~~3 :F~ ::J::Z::: ::1M _.-j -. :.158 c= ::c% . -i ....:: ;:;'::0 ...., It! -:J '-I 1"0 ,'D ::;.:;t "" ie - Q.. 7.:'..... ~.~ ......,.,. .,.,.,t! 1"0 ...., .., ,1) Q.. o -, '=' ,,, iD 0.. ..... COMMONWEAL TH OF MASSACHUSETTS NANTUCKET ISLANDS LAND BANK COMMISSION RESOLUTION OF DAMAGE AWARD THOMAS COFFIN SET OFF JANUARY 26, 2010 WHEREAS, the Nantucket Islands Land Bank, a governmental authority located in Nantucket County, Massachusetts, acting and created by authority of Chapter 669 Acts of 1983, as amended, acting by and through its Commission (the "Commission") has this day determined pursuant to Chapter 79 of Massachusetts General Laws to take by eminent domain certain land as shown on a plan hereinafter described, for conservation purposes; and WHEREAS, the Commission has this day approved an Order of Taking pursuant to Chapter 79 of Massachusetts General Laws of a certain parcel of land consisting of approximately sixty (60) acres (the "Parcel") described on the Proprietors Set Off plan dated April 17, 1852, recorded in Nantucket Registry of Deeds Book 50 Page 153 (the "Plan") plus other interests described in said Order of Taking; and WHEREAS, the Commission has received an appraisal of the value of said parcel prior to adoption of said Order of Taking, being a written appraisal dated January 12,2010, by Backus Appraisals, LLC. BE IT NOW THEREFORE RESOLVED, that the aggregate sum of$751,194.56 is awarded as damages in the amounts and to the parties listed on Exhibit A (attached hereto and incorporated herein by reference) for the taking of fractional fee simple title and other interests described in the Order of Taking. Such damages shall be paid to or divided among the named claimant or claimants producing evidence of an ownership interest in the Parcel, provided that the Commission may reconsider and amend said award of damages based upon information or appraisals received subsequent to this meeting and prior to the payment of said damages; and FURTHER RESOLVED, that if any party named in the Order of Taking as an owner of any interest in the Parcel is not a true owner of an interest in the Parcel, then the award is made only to the true owner(s) of the Parcel; and FURTHER RESOLVED, that the Treasurer of the County of Nantucket is hereby authorized and directed immediately to invest $200,000 in an interest-bearing bank account with interest accruing until a lawful demand is made for a payment pro tanto or until all claims for damages are finally settled; and FURTHER RESOLVED, that Notice of the Taking be published and sent to each located supposed owner of the Parcel, and to all mortgagees and lien creditors, if any, including the Tax Collector/Treasurer of the Town of Nantucket, and that no payment on account of the taking shall be made to the supposed owner(s) until the Town of Nantucket receives payment in full for all outstanding and overdue taxes; and FURTHER RESOLVED, that the Commission reserves the right to withhold payment from any claimant who cannot establish ownership to a specified fraction of the title to the Parcel to the Commission's satisfaction, or to impose additional conditions prior to a partial payment. ADOPTED this 26th day ofJanuary, 2010. NANTUCKET ISLANDS LAND BANK By its CO~I John J. St ck Ie ~tJaJ/vtI- hilip D. artlett ~~ ~~~~--- Robert L. Gardner 2 Name Sharon Gaynor Frank F. Kukene James R. Kukene Jeffrey W. Kukene George A. Kukene Heirs of Virginia E. Benson Heirs of Shirley A. Cabral Heirs of Arthur L. Tripp, Jr. Heirs of Norma E. Kelso Heirs of James M. Tripp Heirs of Warren P. Tripp Heirs of Barbara Nichols Heirs of Myra Parker Heirs of Mabel Jordan Heirs of Deborah Pitmann Heirs of Charles Baker Galene B. Hovey Heirs of Mary C. Underwood Total EXHIBIT A THOMAS COFFIN SET OFF DAMAGE AWARDS Supposed Ownershi-p (%) Award 0.10288066 0.10288066 0.10288066 0.10288066 0.10288066 0.46296296 0.46296296 0.46296296 0.46296296 0.46296296 0.46296296 0.51440329 2.77777778 2.77777778 2.77777778 2.77777778 4.62962963 12.50000000 $ 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 67,414.00 67,414.00 67,414.00 67,414.00 55,555.56 425.863.00 $751,194.56 Awards will be made to any other parties with presently unknown or undetermined interests when and if they or their successors establish an ownership interest to the satisfaction of the Commission. DWLlBDB\240263.206000/80 3