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AGENDA
Nantucket Land Bank Commission
Regular Meeting of May 13, 2014
Land Bank Meeting Room, 22 Broad Street
Nantucket, Massachusetts RECEIVED
CALL TO ORDER: 4:00 P.M.
A. CITIZEN BUSINESS /ANNOUNCEMENTS
B. EXECUTIVE SESSION
I. Approval of Executive Session Minutes of April 24, 2014
2. Real Estate Acquisition
C. MINUTES OF THE REGULAR MEETING OF APRIL 24, 2014
D. TRANSFER BUSINESS
E. FINANCIAL BUSINESS
1. Monthly Transfer Statistics
2. Warrant Authorization —Cash Disbursements
3. Warrant Authorization — 2007 Series A Semi - Annual Bond Payment
F. PROPERTY MANAGEMENT
I . Carter Property /27 Quaise Road — Abutters Request
2. Property Management Supervisor's Monthly Report
3. Eaglebrook Property /8 Ocean Ave — Encroachment Matter
4. 12 Gardner Road/Pippens Way — Conservation Restriction Acceptance
5. Land Bank Beaches - Mobile Vending Request (Pimte Pops)
6. Cisco Beach Use Request — Nantucket Island Surf School
7. Property Naming Discussion
8. Miacomet Golf — Cart Barn Update
9. Sconset Clubhouse— Planning Discussion
G. REGULARBUSINESS
H. PERSONNEL MANAGEMENT
1. Part -Time Seasonal Property Assistant— Brian Pannessa
ADJOURNMENT
T:i4 1 ":8Y 28 F7i 2 51
MINUTES
Nantucket Land Bank Commission
Regular Meeting of May 13, 2014
Land Bank Meeting Room, 22 Broad Street
Nantucket, Massachusetts
CALL TO ORDER: 4:00 p.m.
PRESENT: Bartlett, Gardner, Paterson, Reinhard. ABSENT: Stackpole
STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Assistant Director; Susan
Campese, Administrator/Finance Manager; Doris Strang, Assistant Administrator.
A. CITIZEN BUSINESS /ANNOUNCEMENTS:
1.40a Pole — Access Payment for Off -Site Erosion Control: Mr. Savetsky reported that
pursuant to an agreement the Land Bank has with the owners of 93 and 99 Eel Point Road, a $4,000
payment was received in exchange for the Land Bank allowing them to drive heavy equipment
across 40th Pole to gain access to the coastal bank for an erosion control project.
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, contract negotiation and potential litigation. 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
Jeffrey Pollock, Property Supervisor and Jody Paterson of 30 Quaise Road entered the meeting at
4:37p.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 April 24, 2014, as written.
D. TRANSFER BUSINESS:
1. April 2014 Transfers — Record Nos. 35066 through 35141: The Commission reviewed
transfers for the period of April 1, 2014 through April 30, 2014.
a. Current "M" Exemptions and Liens: The Commission authorized the placing of
liens against the following properties as a result of the purchasers claiming the "M" exemption as
first-time buyers of real property:
No. 35066 Kenneth J. Apthorp, Jr. and Bretworth B. Apthorp
No. 35067 Shane Amos
Land Bank Commission Page 2
May 13, 2014
No. 35104 Scott P. Allan and Alexandra J. Tytheridge Allan
No. 35134 Christopher Carey and Carmen Carey
No. 35138 Eric J. Nordby
Quaise Road Resident, Francie Bovers entered the meeting at 4:44 p.m.
2. "M" Exemption Update:
a. Five -Year Non - Ownership Compliance — No. 30715 James R. Cook and Jennie E.
Cook: Ms. Campese read a letter from Ms. Cook requesting a waiver of the penalty and/or interest
accrued due to their non - compliance with the five -yew ownership requirement of the "M"
exemption, given the anticipated sale of her house coming up soon. Mr. and Mrs. Cook explained
they were year -round residents of the island and their family was expanding, plus Mrs. Cook's
elderly parents planned to move into the house, rendering the home unsuitable for their needs,
therefore they were selling the house and purchasing another and intended to continue to live on
island. After some discussion, upon a motion made and duly seconded, it was unanimously
VOTED, based on family hardship and having completed four of the five -year exemption
requirement to waive the penalty of $2,000.00 and accrued interest of $4,623.12 and further to
authorize the issuance of a Release of Lien upon payment of the outstanding Land Bank fee of
$8,000.00.
E. PROPERTY MANAGEMENT:
1. Carter Property /27 Quaise Road — Abutters Request: Ms. Bovers and Ms. Paterson
informed the Commission that the dog problems on the Carter property have increased since it was
opened to the public. They reported that it has become a destination for dog owners, the majority of
which do not obey the leash law and/or pick up after their dogs. Further, the dogs were damaging
the fragile dunes and causing safety concerns with regard to small children and swimmers. Ms.
Bovers stated that in the past, signs have not worked and suggested that the property was really too
small to allow dogs, and that there were larger Land Bank properties, as well as the UMass Field
Station, which were close by and more appropriate. After much discussion, it was the consensus of
the Commission to add signage to the puking area and closely monitor the situation to see if it
improves before taking further action.
2. Carter Property /27 Quaise Road — Beach Nourishment: Mr. Savetsky explained that as
Part of the Conservation Commission permit, the Land Bank was required to do beach nourishment,
and as a result of the severe winter, there had been significant erosion and the bulkhead was now
substantially exposed. Carl Jelleme, abutter to the Carter property, had indicated that his company,
Toscana Corporation could do the work at the same time as the nourishment of the beach in front of
his property, estimating a price to the Land Bank of $6,000 to $8,000 to do the work. Upon a
motion made and duly seconded, the Commission unanimously VOTED to approve the expenditure
of up to $8,000 for beach nourishment at the Carter property.
Ms. Bovers and Ms. Paterson departed the meeting at 5:20 p. m.
Land Bank Commission
May 13, 2014
F. FINANCIAL BUSINESS:
Page 3
1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing fiscal years
2013 and 2014 through April 2014 were presented to the Commission.
2. Warrant Authorization — Cash Disbursements: Upon a motion made and duly seconded, it
was VOTED to execute the May 13, 2014 warrant document in the amount of $191,960.90 to be
provided to the county treasurer.
3. Warrant Authorization — 2007 Series A Semi - Annual Bond Payment: Upon a motion
made and duly seconded, it was unanimously VOTED to execute the May 13, 2014 2007 Series A
Semi - Annual Bond Interest Payment warrant to be provided to the county treasurer in the amount of
$240,009.39.
G. PROPERTY MANAGEMENT:
1. Property Management Monthly Update: Mr. Pollock updated the Commission on the
work performed by property staff over the last month, including window replacements and
carpentry repairs to the Sconset Golf clubhouse and the expansion of the parking lot; transplanting
12 cedar trees from the potato fields to Riddick Commons as part of the agreement with Sconset
Trust in exchange for an easement; and framing of the Gardner Property boardwalk as installation
of the helical piers was complete. Additionally, staff had completed training for applicators licenses
and Mr. Pollock and Property Supervisor, Robert Earley had passed the test and were now licensed
applicators. Further, staff was spending four to six hours per week with the Nantucket Conservation
Foundation and Nantucket Land Council working to eradicate the invasive mustard garlic around
the island. Mr. Pollock reported that Seasonal Property Field Assistant, Brian Paonessa had
returned to work and was busy mowing with Mr. Earley. Mr. Pollock said the Land Bank was
taking a new approach to annual road grading this year and were working with Leo Asadoorian of
Blackwell & Associates in putting together a comprehensive set of specifications for putting the
work out to bid for a multi -year contract.
2. Eaglebrook Property /8 Ocean Ave — Encroachment Matter: Ms. Bell told the Commission
that the encroachment and dumping of debris by the Summer House Restaurant onto Land Bank
property has been reported to the Town of Nantucket Health Director, Richard Ray, who has
indicated that he will not sign off on the health department inspection that was required for their
annual license to operate the pool area restaurant until the trash issue was resolved (among other
things).
3. 12 Gardner Road/Pippens Way — Conservation Restriction Acceptance: Mr. Savetsky
reminded the Commission that, as part of the Natural Heritage permit, the new owners of the Sea
Terrier Farm property must put a conservation restriction on a total of 6.81 acres in three separate
areas. The permit requires that the areas be left in their natural states, but allows for management of
invasive species and for the property owners' (only) use of the existing trails, plus the addition of
new trails, subject to Conservation Commission and Natural Heritage approval. Further, the new
Land Bank Commission
May 13, 2014
Page 4
owner paid the Land Bank $5,000 to fund the expense of monitoring the restriction over time and
has agreed to delineate the restriction boundaries so any future encroachments can be identified
without the need for a survey. Upon a motion made and duly seconded, it was unanimously
VOTED to execute the Conservation Restriction.
4. Land Bank Beaches — Mobile Vending Request (Pirate Pops): Ms. Bell read a request from
Rob Donohue of "Pirate Pops" to visit Cisco, Ladies, Miacomet and Pebble beaches by truck seven
days a week between 10 a.m. and 6 p.m. selling popsicles made from organically grown fruit
between June and August, spending no more than 2 hours at each location. After some discussion,
upon a motion made and duly seconded, it was VOTED to deny the request with Commissioner
Gardner in favor and Commissioners, Bartlett, Paterson and Reinhard opposed. Further, the
Commission asked Ms. Bell to encourage Mr. Donohue to come in person if he chooses to reapply
so the Commissioners could meet him and ask him questions.
5. Cisco Beach Use Request — Nantucket Island Surf School: Upon a motion made and duly
seconded, the Commission unanimously VOTED to approve a request from Gary Kohner of
Nantucket Island Surf School, to allow his use of a portion of the Land Bank's Cisco Beach
property to rent surfboards and provide surfing lessons subject to Mr. Kohner continuing to provide
stewardship of the property, carrying insurance protection with $500,000 coverage per occurrence
and $1,000,000 in aggregate with the Land Bank named as additionally insured, and requiring
students and board renters to sign hold - harmless agreements. The Commission agreed to a fee of
$5,000 to allow Mr. Kohner to provide these services for the season.
6. Property Naming Discussion: Chairman Reinhard provided a list of suggested names for
various properties and trailheads, explaining that currently, most of the properties were referred to
by the former owner's name and for some properties, perhaps a name with historical meaning would
be better. He asked that Commissioners consider his list of names for discussion at a future meeting.
7. Miacomet Golf — Cart Barn Update: Mr. Savetsky presented plans for a cart barn at
Miacomet Golf. He explained the plan was to purchase a pole barn building with no heat that would
accommodate 72 carts with charging stations and has additional room for golf bag storage. Upon a
motion made and duly seconded, it was unanimously VOTED to approve the plan for submission to
the Historic District Commission.
8. Sconset Clubhouse — Planning Discussions: Ms. Bell presented updated plans for the
Sconset Clubhouse for review by the Commissioners. The initial comments by the Commissioners
were to widen the basement entry/stairs, see wooden options as opposed to stone for the various
outside retaining walls and to fine time the gingerbread design on the front porch.
H. REGULAR BUSINESS: None.
I. PERSONNEL MANAGEMENT:
1. Part-Time Seasonal Property Assistant — Brian Paonessa: Mr. Savetsky informed the
Commission that Brian Paonessa who has worked for the Land Bank for the past nine summers was
Land Bank Commission
May 13, 2014
Page 5
back to work and leasing the third floor apartment at 22 Broad Street. Mr. Paonessa worked five
days a week from 7:00 a.m. to 11:00 a.m. Further, Mr. Savetsky recommended keeping Mr.
Paonessa pay rate at $29.00 per hour with no increase in rent. Upon a motion made and duly
seconded, the Commission VOTED to approve the request and authorized Mr. Savetsky to execute
a Personnel Change Form for Brian Paonessa to be provided to the county treasurer.
2. Bachman House — Directors Lease Update: Mr. Savetsky informed the Commission he
has paid $1,000 in rent for May and would pay $1,000 per month for the duration of his stay at the
Bachman house that was expected to last through July.
ADJOURNMENT: Upon a motion made and duly seconded, it was VOTED to adjourn at 6:45 p.m.
Attested to:
Neil Paterson, Secretary
A p d, Approved, and Released by the VOTE
0 0 'ssio 's 27th day of May, 2014.
einhazd, Chairman
MONTHLY TRANSFER STATISTICS FISCAL YEAR 2013
I
FY13
Total Exempt
Taxable
Total Gross
Gross
Revenue
Month
Transfers
Transfers
Transfers
Value
I Value Taxable
Received
Jul -12
73
43
30
$46,009,291
$38,341,764
$766,835
Aug-12
77
43
34
$103,153,543
$100,982,645
$2,035,553
Sep-1 2
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
66
$98,208,732
$95,569,731
$1,921,313
Dec-12
448
370
78
$143,154,855
$117,472,287
$2,349,446
Jan -13
63
44
19
$34,484,687
$34,484,687
$689,694
Feb -13
82
47
35
$30,549,050
$30,549,050
$610,981
Mar -13
86
59
27
$28,375,401
$19,594,108
$391,882
A r -13
99
72
27
$30 184 310
$27 537 512
$660,630
May-1 3
62
41
41
$67,451,345
$63,327,499
$1,259,850
Jun -13
80
33
47
$83,041,129
$81,393,629
$1,627,873
THRUAPR'13
Averse
1,277
120
829
75
448
45
$698,053,043
$70,712,126
$642,074,614
$65,566,312
$12,867,310
$1,312,919
Low
63
33
19
$28,375,401
$19,594,108
$391,882
Hi h
448
370
78
$143,154,855
$117,472,287
$2,349,446
MONTHLY TRANSFER
i
STATISTICS
FISCAL YEAR 2014
FY14
Total
Exempt
Taxable
Total Gross
Gross
Revenue
Month
I Transfers
I Transfers
Transfers
Value
Value Taxable
I Received
Jul -13
81
45
36
$39,269,537
$36,279,537
$735,021
Au -13
78
26
52
$103,382,429
$100,768,700
$2,023,394
Se 13
107
31
76
$99,058451
$97,612,951
$1,952,259
Oct -13
128
44
84
$148,561,985
$146,714,985
$2,934,300
Nov -13
88
48
40
$59,407,800
$58,541,850
$1,130,837
Dec -13
108
54
54
$77,487,991
$72,594,425
$1,451,889
Jan -14
83
54
29
$63,272,803
$61,129,303
$1,222,586
Feb-14
65
30
35
$63,662,993
$61,093,628
$1,227,663
Mar -14
71
32
39
$50,612,071
$45,933,178
$925,427
Apr-14
75
40
35
$50,709,873
$47,284,873
$945,697
THRU APR 14
Averse
884
88
404
40
480
48
$755,405,733
$75,540,573
$725,954,428
$72,595,443
$14,549,272
$1,454,927
Low
65
26
29
$39,269,537
$36,279,537
$735,021
Hi h
128
54 1
84 1
$148,561,985
$146,714,985
$2,934,300
MONTHLY (UNAUDITED)
DOCUMENTS AND EXHIBITS
Nantucket Land Bank Commission
Regular Meeting of May 13, 2014
1. 40u' Pole access - email
2. "M" Exemption Liens (see transfer business for record nos.)
3. 5 Year Non - Compliance — Waiver Request
4. Carter Property - Maps
5. Monthly Transfer Report — April 2014
6. Transfer Statistics and Graphs — April 2014
7. Check Warrant Summary dated May 13, 2014
8. Road Grading Aerials
9. Pippens Way — Conservation Restriction
10. Mobile Vending request — Pirate Pops
11. Property Name List
12. Cart Bam Plans
13. Sconset Clubhouse Plans
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of May 13, 2014
1. April 2014 Transfers — Record Nos. 35066 through 35141:
a. Current "M" Exemptions and Liens:
No. 35066 Kenneth J. Apthorp Jr. and Bretworth B. Apthorp
No. 35067 Shane Amos
No. 35104 Scott P. Allan and Alexandra J. Tytheridge Allan
No. 35134 Christopher Carey and Carmen Carey
No. 35138 Eric J. Nordby
2. "M" Exemption Update:
a. Five -Year Ownership Non - Compliance — Waiver Request:
No. 30715 James R. Cook and Jennie E. Cook