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Home My WebLink About2013-7-9MINUTES Nantucket Land Bank Commission Regular Meeting of July 9, 2013 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER: 4:02 p.m. 2 PRESENT: Bartlett, Gardner, Paterson, Reinhard, Stackpole. 2 m STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Assistant DireL%r; *usan F+ Campese, Administrator/Finance Manager. rn °f o Sally Nash was also present at call to order. Z ,� � N A. CITIZEN BUSINESS /ANNOUNCEMENTS: A 1. Donation of Daffodil Collection: Sally Nash of the Nantucket Garden Club told the Commission she has been collecting daffodils since 1999 and was a long time daffodil judge. She explained that daffodils were inured to Nantucket's and weather and sandy soil and unappetizing to the large deer population, making them a low maintenance and abundant flower on Nantucket. Further, she offered to donate her collection of over 425 cultivars to be planted and labeled in a display garden for the public to enjoy. Commissioner Bartlett and Mr. Savetsky suggested several possible properties and directed property staff to show them to Mrs. Nash. After a site has been selected the bulbs and markers would be installed in the fall. Upon a motion made and duly seconded, it was unanimously VOTED to accept the donation. Mrs. Nash departed the meeting at 4:20 p. m. B. EXECUTIVE SESSION: Upon a motion made and duly seconded, it was unanimously VOTED to go into executive session in order to discuss the purchase, exchange, lease or value of real property, and review and approve executive session minutes. Each member was polled individually. All members voted yes. The Chairman declared that discussion of these matters in open session may be detrimental to the Land Bank's negotiating position and that the Commission would reconvene in regular session following executive session. RETURN TO OPEN SESSION Miacomet Golf Member, James Botticelli entered the meeting at 4:56 p.m. C. APPROVAL OF MINUTES: Upon a motion made and duly seconded, it was unanimously VOTED to accept, approve and release the regular session minutes of June 25, 2013, and the special meeting minutes of June 26, 2013, as written. D. TRANSFER BUSINESS: Land Bank Commission Page 2 July 9, 2013 1. Transfer Hearing Decision and Determination — No. 27997 Mikalai Mardakhayeu and Valeryia Stashkevich: Pursuant to the requirements of Massachusetts General Court Acts of 1983, Chapter 669 (the "Act "), as amended, Section 14(a), after a discussion of the matter, a review of the proposed decision and determination, and after a hearing held at 4:00 p.m., Tuesday, June 25, 2013, at the Land Bank Meeting Room, 22 Broad Street, Nantucket, the Commission entered a decision and determination. Upon a motion made and duly seconded, it was VOTED that the Decision and Determination presented is consistent with the instructions provided to staff by the Commission and therefore it was accepted as presented. A copy of the signed Decision and Determination shall be attached to the minutes of this meeting and incorporated therein by reference. The vote was unanimous. 2. June 2013 Transfers — Record Nos. 34177 through 34256: The Commission reviewed transfers for the period of June 1, 2013 through June 30, 2013. a. Current "M" Exemptions and Liens: The Commission authorized the placing of a lien against each of the following properties as a result of the purchasers claiming the "M" exemption as first -time buyers of real property: No. 34190 Nick David Holland and Mark G. Leggieri No. 34205 Channsophas Touch and Renee Printz No. 34213 Graeme McCluer Marshall No. 34249 Jose Escobar E. FINANCIAL BUSINESS: 1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing fiscal years 2012 and 2013 and calendar years 2012 and 2013 through June 2013 were presented. 2. Warrant Authorization — Fiscal Year -End 2013: Upon a motion made and duly seconded, it was unanimously VOTED to execute the fiscal year -end June 30, 2013 warrant document in the amount of $96,893.95 to be provided to the county treasurer. 3. Warrant Authorization — Cash Disbursements: Upon a motion made and duly seconded, it was unanimously VOTED to execute the July 9, 2013 warrant document in the amount of $7,810.60 to be provided to the county treasurer. 4. Fiscal Year 2014 Budget: Mr. Savetsky presented the Fiscal Yew 2013 Budget Comparison (showing approved vs. actual expenditures) and Fiscal Year 2014 Proposed Budget for the Commission's review. Upon a motion made and duly seconded, it was unanimously VOTED to approve the Fiscal Year 2014 proposed budget as presented. F. PROPERTY MANAGEMENT: 1. Sconset Golf Buildings — Repairs Discussion: Chairman Reinhard inquired m to what the Land Bank Commission Page 3 July 9, 2013 timeline was to repair the Sconset Golf clubhouse and maintenance building. After some discussion it was the consensus of the Commission to move forward on the needed window and roof repairs. After further discussion of additional work needed, upon a motion made and duly seconded, it was unanimously VOTED to pursue a Community Preservation Commission grant for historic renovation of the clubhouse to remove the lead paint from the building, renovate the interior and reinstall the porch on the building as shown in historic pictures of the farm. 2. Glowacki /Gaillard — Union/Orange Streets: Town Storm Water Management Plan: Mr. Savetsky presented a conceptual plan from the Town consultant to correct the storm water drainage problems at Conme Springs which require the dredging of the pond, replacement of culverts and installation of 24" drainage pipes, some of which cross Land Bank property. Upon a motion made and duly seconded it was unanimously VOTED to approve the conceptual plan to allow installation of 24" underground drainage pipes across the Gaillard and Glowacki properties including manholes. 3. 106 Main Street — Bench Donation Request: Mr. Savetsky presented a request from Ron and Bob Conway to donate a bench with a plaque in memory of Sid Conway at 106 Main Street. Upon a motion made and duly seconded, it was unanimously VOTED to accept the donation of the bench and plaque which would be installed at 106 Main Street by Land Bank staff. 4. Draft Commercial Event Policy — Review: Commissioner Paterson relayed a request to postpone any vote on a policy until the following meeting when caterer Susan Warner could attend and speak on the matter. Discussion ensued regarding guest limits, guidelines for staff approval and insurance requirements. The consensus of the Commission was to have Ms. Bell send the draft policy to Ms. Warner with the changes discussed for presentation at the July 23, 2013 meeting. 5.40a' Pole/Revised Event Request — Nantucket Catering Company: Ms. Bell presented the revised request from Nantucket Catering Company to have a catered barbeque at 40" Pole for the season end staff party for Cru Restaurant with buffet tables, two grills and three port -a- potties for 65 guests with six staff members on Tuesday, September 3, 2013 from 3 to 9 p.m. Upon a motion made and duly seconded, it was VOTED to approve the request as presented with Commissioner Bartlett opposed. 6. Cisco Beach Parking Lot — Discussion: Commissioner Gardner told the Commission the company that maintained the port-a- potties for the Town at Cisco parking lot reported the port-a- potties were filled with trash over the last week and they were concerned it was caused by the additional mobile vendors visiting the property. Mr. Savetsky explained he had the same report from the Land Bank property staff and they were going to monitor the situation. He suggested since the 4' of July week was the busiest of the summer, perhaps it would not be an ongoing issue. Further, staff would place a dumpster in the parking lot for 4'° of July 2014 as they did at 40" Pole this year which seemed to alleviate the problem. The consensus of the Commission was to send a reminder to the mobile vendors that they were responsible to supply trash receptacles while at the property and take away any refuse collected when they leave. 7. Carter Property /27 Quaise Road: Commissioner Stackpole requested staff create additional parking on the property by moving the fence posts back and mowing additional area. Land Bank Commission July 9, 2013 Page 4 ADJOURNMENT: Upon a motion made and duly seconded, it was VOTED to adjourn at 6:00 p.m. Attested to: wwe � i Neil Paterson, Secretary Acce d, Approved, and Released by the VOTE of ion 23 day of July 2013. lien B. Re aum MONTHLY TRANSFER STATISTICS FISCAL YEAR 2012 FY12 Month Total Transfers Exempt Transfers Taxable Transfers; Total Gross Value Gross Value Taxable Revenue Received Jel -11 Aug -11 Sep -11 - Oct -11 Nov -11 _ Dec -11 Jan -12 Feb-12 _ Mar -12 Apr - 1212.__ _ May-12 Jun -12 75 75 94 78- 100 _ 136 63 71 _ 79 171 95 93 54 43 43 _ 44 65 69 40 35 _ 47 44 47 - 51 _ 22 32 51 34 i_ 35 47 23 36 32 127 42 $25,749,264., $49,340,3751 $74,154,881 _$56,393,735 $66,300,685 $54,529,358 $22,737,132 $43,728,802 _ $34,458,370 $50,851,251 $85,33.9,614 $52,998,896 $24,643,000 $47,072,751_ $492,860 $941,455 $1,438,980 _ __$71,949,006 $55,156,935 $62,595,685__ $50,656,462, _ $1,103,139 $1,251,914 $1,021,129 $22,395,132', _$43,055,5371 $30,543,200 $47,713,751 $64,056,031 $51,109(793 _ $447,903 $861,111 _$610,864 $954,275 $1,281,161 $1,022,196 TOTAL Average Low High - 1,131 94 _ 63 171 602 1 50 -r 35 89 529 44 22 '_ _ l 127 616,582,563 _. $51,381,880 $22,737,132 $85,339,8141 I 570,949,284 $47,579,107 $22,395,13_2 $71,949,006 11,426,986 $952,249 — $447,903 $1,438,980 MONTHLY TRANSFER STATISTICS FISCAL YEAR 2013 FY12 _ Month Total Transfers Exempt Transfers Taxable fers Total Gross _ value Gross Value Taxable Revenue Received Jul -12 Aug -12 Sep -12 _ Oct -12 Nov -12 — Dec -12 Jan -13 Feb -13 Mar -13 Apr -13 May -13 Jun -13 73 77 107 _ 122 120 448 -- 63 82 86 99 _ _ _82 - 80 43 ..1 _ 43 44 53 54 — 370 44 47 59 72 41 33 30 $48,009,291 34 $103,153,543 63 $75,433,577 69 _ $108,499,596 _;_ 66 $98,208,732 78 $143,154,855 T 19 _.. $34,484,6871 1 35 $30,549,050 27 $28,375,401'1 27 $30,184,310 41 $67,451,3451 47 $83,041,1291 $766,835 $38,341,764. $100,982,645'! $72,371,463'x__ $2,035,553 $1,447,429 $2,103,547 _$105,177,3681 — $95,569,7311 $117,472,287:. $1,921,313 _ $2,349,446 $689,694 _ $610,981 $391,662 $550,630 $34,484,6871 $30,549,050' -- $19,594,108 $27,531,512; _ $63,327,499 $61,393,629 _ 11,259,850 $11627,873 TOTAL Average Low High 1,439 120 63 -- 448 903 75 33 " _ 370 536 45 19 78 $848,545,517 $786,795,743 $70 712 1261 $65,566,3121 _ $28,375,4011 $19,5941081 - $117,472,28717 $143,154,855] $117,472,287 $15,755,033 _. $1,312,919 $391,882 $2,349,446 $2,349,446 MONTHLY(UNAUDITED) MONTHLY TRANSFER STATISTICS CALENDAR 2012 CAL12 Total - Exempt Taxable Total Gross _ Gross Revenue Month f Transfers Transfers Transfers Value Value Taxable Received Jan -12 ~ 63 - 40 $22.737 ,132 $22,395,132 _ $447,903 Feb -12 71 _,23 35 36 $43,728,802 $43,055,537 $861,111 _ $30,543,200 _ _ $610,864 - — Mar -12 79 li 47 32 $34,458,370 Apr -12 _ 171 44 127 $50,851,251 $47,713,751 $954,275 May -12 95 47 48 $65,339,814 $64,058,0311 $1,281,161 $51,1091793 $1,022196 -- - Jun -12 93 - 551 42 $62,998,896 Jul -12 73 43 30 009,29 $38 341 764 $766,835 Aug -12 77 43 34 _$46 $103,15 $100,982,845 4,2,035,553 - Sep -12 107 ', 44 63 $75,433,577 $72,371,463 $1,447,429 Oct -12 122 53 ! 69 ;_ $108,499,596 $105,177,368 $2,103,547 Nov -12 120 54 $98,208,732 _ $95,569,731 $1,921,313 Dec -12 448 _._ _ 370 78 $143,154,855 $2,349,446 THRUJUN12 572 264 308 $290,114,265 $258,875,445 $5,177,509 Average 127 73 54 $72,047,822 $65,732,558 $1,316,803 Low 63 _ 35 i_23 $22,737,132 $22,395,132 $447,903 High _.,. 448 370 127 __.$143,154,8551 $117,472,287 $2,349,446 MONTHLY TRANSFER STATISTICS CALENDAR 2013 CAL13 Total Exempt Taxable Total Gross Revenue Month _ Transfers ,Transfers Transfers Value Value Taxable Received -- Jan -13 63 44 - 19 $34,484,687_ $34,484,687 _.._ $669,694 Feb -13 82 -47 _ 35 - $30,549,050 _ $30,549,050L $610,981 Mar -13 86 59 27 $26,375,401 $19,594,108 $391,882 App -13_ 99 72_ 27 - $30,184,310 $27,531,5121 $550,630 _; Ma -13 82 41 41 $67,451,345 $83� $1,259,850 Jun -13 60 _ _ 33 47 $83,041,129- $81,393,629 $1,627,873 Aug-13 Sep -13 Oct -13 Nov -13 .� Dec -13 - - _ _ - THRU JUN I3 492 296 196 $274,085,923 $256,880,485 $5,130,910 Average 82 49 33 _ $45,680,987 $42,813,414: $855,152 Low —_ - 63 m 19 $28,375,401 $19,594,108 $391,882 High 99 _ 72 47 $83,041,129 _.$81,393,629 $1,627,873 MONTHLY(UNAUDITED) DOCUMENTS AND EXHIBITS Nantucket Land Bank Commission Regular Meeting of July 9, 2013 1. Monthly Transfer Report — June 2013 2. "M° Exemption Lien (see transfer business for record no.) 3. Monthly Transfer Statistics and Graph 4. Check Warrant Summary June 30, 2013 5. Check Warrant Summary July 9, 2013 6. Fiscal Year 2014 Budget 7. TON Consue Springs storm water drainage plan 8. Draft Commercial Event Policy TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of July 9, 2013 1. Transfer Hearing Decision and Determination: No. 27997 Mikalai Mardakhayeu and V aleryia Stashkevich 2. June 2013 Transfers —Record Nos. 34177 to 34256: a. Current "M" Exemptions and Liens: No. 34190 Nick David Holland and Mark G. Leggieri No. 34205 Channsophas Touch and Renee Printz No. 34213 Graeme McCluer Marshall No. 34249 Jose Escobar NANTUCKET LAND BANK COMMISSION 22 Broad Street Nantucket, Massachusetts, 02554 DECISION AND DETERMINATION In the matter of: Transfer Record No. 27997, Mikalai Mardakhaveu and Valeryia Stashkevich (the "Purchaser "), pursuant to Notice of Assessment dated April 8, 2013, regarding Premises at 1 Equator Drive, Unit 2 of 1 Equator Drive Condominium (Assessor's Map 66, Parcel 267), Nantucket, Massachusetts. (a.k.a. 1B Equator Drive) FACTS 1. Pursuant to the requirements of the 1983 Acts and Resolves of the Massachusetts General Corot, Chapter 669, as amended (the "Act'), Section 14(a), the Nantucket Islands Land Bank Commission (the "Land Bank ") hereby enters this decision and determination, after a hearing held 4:00 P.M., Tuesday, June 25, 2013, at the Land Bank Meeting Room, 22 Broad Street, Nantucket. This decision and determination is based upon the Commission's record in this matter. 2. Present at the hearing was the Purchaser Valeryia Stashkevich. 3. Land Bank Transfer Record No. 27997 involved the transfer of property located at I Equator Drive, Unit 2 (the "Property") by deed from Neill 0. Nelson, Trustee of The Katherine Carter Nelson Revocable Trust dated u/tld January 13, 2004 (the "Seller") to the Purchaser for a stated purchase price of $420,000 on May 10, 2007 (the "Time of Transfer "). 4. At the Time of Transfer the Purchaser claimed the "M" exemption (the "Exemption ") from the Nantucket Land Bank fee (the "Fee ") on the first $400,000 of the purchase price, pursuant to Section 12 ( -m -) of the Act, as a first -time buyer of real properly. As stated in Section 12 ( -m -) of the Act, the "M" Exemption applies to: "...a purchaser who, or whose spouse at the time of transfer, has at no time before the said transfer owned or possessed any real property interest as defined in section 1 either within or without Nantucket county; but the purchaser shall make the real property interest which is the subject of the transfer the purchaser's actual domicile within I year of the time of transfer, and shall remain permanently or for an indefinite time and without any certain purpose to return to a former place of abode." Decision and Determination Record No. 27997; Mardakhayeu and Stashkevich 6. Further, Section 12 ( -m -) of the Act and Section 4.16 of the Rules and Regulations of the Commission state: "In the event of a later transfer within 5 years of the transfer exempted from the fee under this paragraph, other than the transfer of a mortgage to an institutional lender, the fee exempted shall become due, together with the accumulated interest and penalties, and in addition to any fee otherwise due as a result of the later transfer. The purchaser shall certify as to the foregoing, and the Commission shall attach to the deed a certificate which shall recite the fact that there is running with the land a lien equal to the amount of the fee exempted plus accumulated interest and penalties until such time as all conditions of this subsection have been met." 7. On November 15, 2010, the Purchaser transferred the property from husband and wife, tenants by the entirety to wife alone ( Valeryia Stashkevich), filed as Transfer Record No. 31203 for no consideration as a gift between spouses (Land Bank exemption "C" ). 8. The Land Bank assessed a fee, together with interest and penalties, as evidenced by a Notice of Assessment dated April 8, 2013, which was issued due to the Purchasers' non- compliance with the domicile requirement of the Exemption. 9. Lund Bank Administrator/Finance Manager, Susan Campese, presented the circumstances of the transfers and provided a summary of the Commission's record on this matter. 10. The following exhibits were made part of tire Commission's official record without objection by the Purchaser and are incorporated herein by reference: Exhibit A Transfer Documents Record No. 27997, including Form A and deed conveying Unit 1 of 1 Equator Drive Condominium from Neill G. Nelson, Trustee of The Katherine Carter Nelson Revocable Trust Dated u /t/d January 13, 2004 to Mikalai Mardakhayeu and Valeryia Stashkevich, with a purchase price of $420,000 (claiming the "M" exemption on $400,000 of stated purchase price), recorded at the Nantucket Registry of Deeds on May 10, 2007, as Document No. 120296 on Certificate No. U42073; Exhibit B Correspondence from the Nantucket Islands Land Bank to Mikalai Mardakhayeu and Valeryia Stashkevich dated June 4, 2007, restating the requirements of the "M" Exemption; Exhibit C Nantucket islands Land Bank Notice of Lien dated June 12, 2007, to Mikalai Mardakhayeu and Valeryia Stashkevich, recorded at the Nantucket Registry of Deeds as Document No. 120655 on Certificate No. U42073 on June 14, 2007; Exhibit D. Transfer Documents Record No. 31203, including Form A and deed conveying Unit 1 of 1 Equator Drive Condominium from Mikalai Mardakhayeu to Page 2 of 6 Decision and Determination Record No. 27997; Mardakhayea and Stashkevich Valeryia Stashkevich with no consideration (claiming the "C" exemption), recorded at the Nantucket Registry of Deeds on November 15, 2010, as Document No. 132069 on Certificate No. U42142; Exhibit E Correspondence dated May 18, 2012 regarding "M" exemption non- compliance from John J. Stackpole, Chairman, Nantucket Land Bank Commission to Mikalai Mardakhayeu and Valeryia Stashkevich sent to 2 Greglen Ave,.PMB 430, Nantucket and carbon copied to the same at 1B Equator Drive, Nantucket, and 100 W. 571h St, #15A, New York, NY 10019 and carbon copied to attorney Patricia Halsted. Undeliverable returned mail to 2 Greglen Ave, PMB 430, Nantucket and 1B Equator Drive, Nantucket; Exhibit F Correspondence dated October 5, 2012 regarding "M" exemption non- compliance from John J. Stackpole, Chairman, Nantucket Land Bank Commission to Mikalai Mudakhayeu and Valeryia Stashkevich sent to 1B Equator Drive, Nantucket and carbon copied to the same at 100 W. 57'h St, #15A, New York, NY 10019 and carbon copied to attorney Patricia Halsted. Undeliverable returned mail to 1B Equator Drive, Nantucket; Exhibit G Correspondence dated February 27, 2013 regarding "M" exemption non- compliance from John J. Stackpole, Chairman, Nantucket Land Bank Commission to Mikalai Mardakhayeu and Valeryia Stashkevich sent to 1B Equator Drive, Nantucket and carbon copied to the same at 100 W. 57" St, #15A, New York, NY by certified mail, return receipt requested and carbon copied to attorney Patricia Halsted. Undeliverable returned mail to 1B Equator Drive, Nantucket and unclaimed certified mail to 100 W. 57th St, # 15A, New York, NY 10019; Exhibit H. Computer printout dated March 12, 2013 from vacation rental website homeaway.com of 1B Equator drive available as a weekly vacation rental by owner Valeryia Stashkevich; Exhibit I Excerpts from the minutes of the Nantucket Land Bank Commission meeting on April 8, 2013 where it was voted to issue a Notice of Assessment to Mikalai Mardakhayeu and Valeryia Stashkevich and place an unsubordinated lien for the fee, penalty and interest from the date of the transfer on record at the Nantucket Registry of Deeds in the event the purchaser did not request a hearing by May 8, 2013; Exhibit J Notice of Assessment from the Nantucket Land Bank Commission dated April 8, 2013, to Mikalai Mardakhayeu and Valeryia Stashkevich, and cover letter fiom John J. Stackpole, Chairman to Mikalai Mardakhayeu and Valeryia Stashkevich, dated April 9, 2013 sent to 1B Equator Drive, Nantucket by certified mail, return receipt requested and carbon copied to the same at 100 W. 57`h St, #15A, New York, NY 10019 by regular and certified mail, return receipt requested and carbon copied to attorney Patricia Halsted. Undeliverable returned mail to IB Equator Drive, Nantucket and unclaimed certified mail and undeliverable returned mail to 100 W, 57" St, # 15A, New York, NY 10019; Page 3 of 6 Decision and Determination Record No. 27997; Mardakhayeu and Stashkevich Exhibit K Undeliverable returned Notice of Assessment from the Nantucket Islands Land Bank Commission dated April 8, 2013, to Mikalai Mardakhayeu and Valeryia Stashkevich, and cover letter from John J. Stackpole, Chairman, Nantucket Land Bank Commission to Mikalai Mardakhayeu and Valeryia Stashkevich, dated April 9, 2013 sent to 1 B Equator Drive, Nantucket by certified mail, return receipt requested with a "forwarding time expired" sticker mid forwarding address for Valeryia Stashkevich, at 3049 Crescent St, Apt H3D4, Astoria, NY 11102 and a hand written note from Susan Campese noting the Notice of Assessment and cover letter were resent by certified mail, return receipt requested and by regular mail to the forwarding address on the sticker on April 16,2013; Exhibit L. Email correspondence dated April 25, 2013 from Valeryia Stashkevich to Susan Campese, requesting a hearing on the Nantucket Islands Land Bank Notice of Assessment to Mikalai Mardakhayeu and Valeryia Stashkevich; Exhibit M. Letter with attachments sent by email dated May 10, 2013 from Valeryia Stashkevich to Nantucket Land Bank Commission describing her reason for non- compliance with the "M" exemption and referring to the attachments of (i) divorce decision from Mikalai Mardakhayeu and (ii) judgement in a criminal case against Mikalai Mardakhayeu by the United States District Court, District of Massachusetts, Case No. 1:10CR- 10196 -GAO; Exhibit N Excerpts from the minutes of the Nantucket Land Bank Commission meeting on May 14, 2013 where the Commission voted to waive the penally and interest and execute an unsubordinated lien for the fee, to be recorded at the registry of deeds; Exhibit O Email string including (i) correspondence from Susan Campese dated May 16, 2013 (10:27 AM) to Valeryia relaying the Nantucket Land Bank Commission vote on May 14, 2013 to waive the penalty and interest and to place an unsubordinated lien on the property for the fee of $8,000; (ii) correspondence from Valeryia Stashkevich dated May 17, 2013 (10:16 AM) to Susan Campese requesting a hearing on tire, matter; Exhibit P, Nantucket Islands Land Bank Notice of Lien dated May 16, 2013, Mikalai Mardakhayeu and Valeryia Staslikevich, recorded at the Nantucket Registry of Deeds as Document No. 141089 on Certificate No. U42142 on June 14, 2013; Exhibit Q Excerpts from the minutes of the Nantucket Land Bank Commission meeting on May 28, 2013 where the Commission voted to schedule a hearing on June 11, 2013 at the request of the purchaser, Valeryia Stashkevich; Exhibit R, Email correspondences between Susmi Campese and Valeryia Stashkevich dated May 29, 2013 through June 7, 2013 reporting that the hearing was scheduled for June 11, 2013 at 4:00 p.m. and then rescheduled to June 25, 2013 at 4:00 p.m, at the request of Ms. Stashkevich; Page 4 of 6 Decision and Determination Record No. 27997; Mmrdakhayea and Stashkevich 11. The Purchaser requested this (rearing in order to personally present her circumstances and make a specifc request for relief from the penalty, interest and one half of the fee. FINDINGS Based on the record before the Commission and the hearing, the Commission finds as follows: I . Tire intention of the Section 12 ( -m -) of the Land Bank Act is to encourage first -time homebuyers to make Nantucket their home, by requiring them to own and permanently reside in the property as their "actual domicile" for a period five years. 2. The Purchaser, by her own admission, ceased to be compliant with the five -year "actual domicile" requirement when she moved out of state in June of 2012. 2. The Purchaser has fulfilled the ownership but not the domicile requirement of Section 12( -m -), and thus has failed to meet the burden of proof that Transfer Record No. 27997 remained exempt from the Land Bank fee for the full five -year term. DETERMINATION ACCORDINGLY, the Commission hereby determines as follows regarding the Transfer: Transfer No. 27997 is hereby determined to be, a non - exempt transfer. Pursuant to the requirements of the exemption outlined in Section 12 ( -m -) of the Act, the exempted Land Bank fee is due, together with accumulated interest and penalties. However, in recognition of the Purchaser's extraordinary circumstances which led to her non - compliance, upon a motion made and duly seconded, it was VOTED to waive the accumulated interest and penalties, and to authorize an issuance of a Release of Lien upon receipt of the total outstanding fee of $8,000. The Commission reserves the right to hereafter revise its assessment in the best interests of the Land Bank. The Purchaser has the rights set forth in the Act, for further proceedings in connection with this Decision and Determination. Page 5 of 6 Decision and Determination - Record No. 27997; Mardakhayea and Stashkevich WITNESS our hands and seals this 9�" day of July, 2013. NANTUCKET ISLANDS LAND BANK By Commission: Allen B. Reinhard Robert L. Gardner c Phil' D. Bay lett Neil Paterson John J/ tacl e Page 6 of 6 AGENDA Nantucket Land Bank Commission Regular Meeting of July 9, 2013 Land Bank Conference Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER: 4:00 P.M. > z c ° A. CITIZEN BUSINESS /ANNOUNCEMENTS m -i B. EXECUTIVE SESSION ° 1. Approval of Executive Session Minutes of June 25, 201f. 2. Real Estate Acquisition ° r m z C. APPROVAL OF MINUTES � 1. Regular Meeting of June 25, 2013 2. Special Meeting of June 26, 2013 D. TRANSFER BUSINESS 0 c r N L m 3 r N W m E. FINANCIAL BUSINESS 1. Monthly Transfer Statistics 2. Warrant Authorization— Fiscal Year 2013 Cash Disbursements 3. Warrant Authorization— Cash Disbursements 4. Fiscal Year 2014 Budget Approval A M n rn m v �C- F. PROPERTY MANAGEMENT 1. Glowacki/Gaillard — Union/Orange Streets: Town Stotmwater Management Plan 2. 106 Main Street — Bench Donation Request 3. Draft Commercial Event Policy— Review 4. 40' Pole/Revised Event Request —Nantucket Catering Company ADJOURNMENT