AGENDA Nantucket Land Bank Commission Regular Meeting of

AGENDA

Nantucket Land Bank Commission

Regular Meeting of May 14, 2024

Land Bank Conference Room, 22 Broad Street, Nantucket, MA

CALL TO ORDER: 4:00 P.M.

A. CONVENE IN OPEN SESSION

1. PUBLIC COMMENT / STAFF ANNOUNCEMENTS

2. AGRICULTURAL MANAGEMENT

a. Community Garden/50 Old South Road – Progress Update & Property Naming

b. Farm Licenses – Clarification

3. PROPERTY MANAGEMENT

a. Cisco Beach – Parking Lot Update

b. 125 Somerset Rd/Maintenance Facility – Roofing Bid

c. 321 Polpis Rd – Alternative Names for Consideration

d. Fair Street Park – Gardening Discussion

e. 28 Washington Street – Maria Mitchell Association Permitting Update

4. TRANSFER BUSINESS

a. “M” Exemption Update

5. APPROVAL OF MINUTES

a. Regular Meeting of April 23, 2024, and Special Meeting of April 17, 2024

6. CONSENT ITEMS

a. Monthly Transfer Statistics

b. Warrant Authorization – Cash Disbursement

c. Warrant Authorization – Refunding 2016 Semi-Annual Bond Payment

d. Cisco Beach – Hang Loose Helado Ice Cream Proposal

e. Cisco Beach – Decker’s Dogs License (Jack Decker)

f. Petrel Landing – Oyster Upweller

g. Muskeget Island – Research Proposal

h. Discovery Playground – Community School Playground Pals Playgroups

(Mondays through June 3

)

7. COMMISSIONERS ADDITIONAL QUESTIONS AND CONCERNS

B. EXECUTIVE SESSION: The Executive Session is for Purpose 6 [G.L. c. 30A, 21(a)(6)]. The

particular transactions and parcels of real estate are not identified since disclosure of the

property information may have a detrimental impact on the Land Bank's negotiating position

with one or more third parties; and for Purpose 3 [G.L. c. 30A, 21(a)(3)], discussions

concerning strategy with respect to ongoing litigation. The Commission will not reconvene in

open session at the conclusion of executive session.

1. Approval of Executive Session Minutes

2. Ongoing Litigation Matters:

a. Suffolk Superior Court Docket No. 2284CV02606: Richard Corey, Trustee of

Twenty-One Commercial Wharf Nominee Trust v. Massachusetts Department of

Environmental Protection, Nantucket Islands Land bank, and Nantucket

Conservation Commission. (Petrel Landing/17 Commercial Street)

b. Land Court Department Action No. 22 MISC 000409: Nantucket Islands Land Bank v.

Hunter S. Ziesing and Marcy E. Ziesing, Co-Trustees of the Lampoon Nominee Trust (6

Wesco Place)

c. Nantucket Superior Court, C.A. No. 2275CV00024: NILB v. Architectural

Access Board – Easy Street Park Variance denial

3. Real Estate Acquisition

C. ADJOURNMENT

Nantucket Land Bank Commission

Regular Meeting of May 14, 2024 (4pm)

Land Bank Conference Room, 22 Broad Street, Nantucket, MA

STAFF REPORT

CALL TO ORDER: 4:00 P.M.

A. CONVENE IN OPEN SESSION

1. PUBLIC COMMENT / STAFF ANNOUNCEMENTS

2. AGRICULTURAL MANAGEMENT

a. Community Garden/50 Old South Road – Progress Update & Property Naming

The Community Garden is progressing well and still on schedule for an opening in early June.

The irrigation is installed with water spigots at each bed. The parking lot and access road are

under construction and should be done by Friday, May 9

. The fencing (stockade and deer

fencing) is scheduled to be installed the week of May 13

. The garden beds will start to be

assembled after the fence installation. The lottery for the plots will be picked this week and

everyone notified of results. There were approximately 220 applicants for the 38 – 46 beds.

Staff will answer questions and fill in with any up-to-date additional information at the

meeting.

Also enclosed is a list of potential names for the new Community Garden.

b. Farm Licenses – Clarification

Staff is seeking clarification of the application of the term extension from 5 to 10 years for our

non-profit organization licensees such as the Nantucket Community Garden and Sustainable

Nantucket. Staff is recommending that the decision made at the meeting regarding the term

extensions of licenses apply from that moment forward, rather than retroactively, to reduce

the administrative burden on staff. If the Commission meant for the 10 year term to apply to all

licenses, those that are shorter can be easily extended and renewed at the end of their existing

terms.

3. PROPERTY MANAGEMENT

a. Cisco Beach – Parking Lot Update

The creation of the new Cisco Beach parking area has proven to require quite a bit of flexibility

on everyone’s part. As of Wednesday, 5/8, staff received a draft Conservation and

Management Plan from the Massachusetts Natural Heritage and Endangered Species

Program (MNHESP). This will enable us to move forward with transplanting rare plants as well

as mowing and fencing the parking area within the next 4-6 weeks. However, we will be unable

to re-surface the parking area until after July as there is a Northern Harrier nesting nearby. As a

reminder, the plan for this parking area is enclosed for the Commission’s review.

b. 125 Somerset Rd/Maintenance Facility – Roofing Bid

This invitation for bids for the replacement of the shop roof out at the maintenance facility is

due Friday, May 10th. In the event we receive bids, we would ask the Commission to award the

contract to the lowest eligible and responsible bidder subject to staff checking and receiving

positive references for their work.

c. 321 Polpis Rd – Alternative Names for Consideration

Per the Commission’s request, enclosed your consideration are alternative names to be

considered for 321 Polpis Road.

d. Fair Street Park – Gardening Discussion

Annual costs for this garden have exceeded $20,000 and staff is seeking feedback from the

Commission as to whether this expense is acceptable in light of recent concerns over

gardening expenses at other parks. A more detailed summary and photos of the park are

enclosed for the Commission’s review.

4. TRANSFER BUSINESS

a. “M” Exemption Update

5. APPROVAL OF MINUTES

a. Regular Meeting of April 23, 2024 and Special Meeting of April 17, 2024

6. CONSENT ITEMS

a. Monthly Transfer Statistics

Enclosed for your review.

b. Warrant Authorization – Cash Disbursements

Susan is preparing the bills up until Monday and therefore waits to send the warrant out

until then. As a reminder, each individual bill is reviewed by the staff member with the most

direct knowledge of the expenditure, and then subsequently reviewed by Jesse prior to it

being presented to the Commission for approval.

c. Warrant Authorization – Refunding 2016 Semi-Annual Bond Payment

There is $3,980,000 outstanding left on this bond, which is paid twice per year with one

interest payment in June and one combined interest and principal payment in December.

The Commission is being asked to execute a warrant authorization in the amount of

$59,700 to satisfy the upcoming June interest payment.

d. Cisco Beach – Hang Loose Helado Ice Cream Proposal

The Land Bank received a request from Hang Loose Helado, the ice cream truck owned

and managed by Chris Getoor, to visit Cisco beach once per day (weather permitting) this

summer. The truck is fully licensed and inspected and not subject to the same rules as the

other mobile food units (MFUs), as it is classified as a ‘roaming’ MFU and only sells pre-

packaged foods. Given the lack of other food vendors allowed to be stationed at Cisco this

summer, staff recommends approval subject to the owner’s continued compliance with all

applicable laws and/or regulations related to the operation of the MFU.

e. Cisco Beach – Jack Decker

Due to an exception for hot dog carts in the food code, Jack Decker received relief from the

Board of Health to sell hot dogs at Cisco Beach this summer. Staff is recommending that

the Commission approve the enclosed license to occupy a portion of Cisco Beach for this

purpose, subject to Mr. Decker’s continued compliance with all laws and/or regulations

which may be applicable.

f. Petrel Landing – Oyster Upweller

Enclosed is a request from the Nantucket Land Council to use Petrel Landing for the Oyster

Upweller again this summer. An upweller is a tank system used to grow shellfish in a

protected and controlled environment. Water from the harbor will continuously be

pumped through the upweller to feed the oysters, with the utilities being provided by

Nantucket Island Resorts rather than through the Land Bank’s 15 Commercial Street

property. Staff recommends approval.

g. Muskeget Island – Research Proposal

Lyra Brennan, Director of the Coastal Waterbird Program for Mass Audubon, along with

project partners in the USFWS, Mass DFW, and TTOR is seeking permission from NLB to

study the habitat use of Common Terns and Roseate Terns on Muskeget Island as part of a

regional project examining habitat use and movements of these species in areas in

proximity to potential offshore Wind Energy Areas. Muskeget is a staging area for these tern

species and was one of the largest tern colonies in MA until it was abandoned in 1948.

Terns have recently begun recolonizing Muskeget, with nesting of both species observed in

2020 and 2022. The researchers propose surveys to determine the presence of terns at

Muskeget once per week from mid-July to mid-September (pending

weather/tides/accessibility) and also request permission to camp on the island overnight

during three of those weekly visits to collect nocturnal data on the birds. The camp will be

located in an area that does not disturb the target bird species. They also request

permission to place acoustic monitoring devices to record the calls of the terns and a base

station that will record data from satellite tags on terns. All equipment and devices will be

removed at the end of the survey. This project could provide important information on the

habitat use and movements of Common Terns and Roseate Terns regionally and locally on

Muskeget Island. This information on these listed species will be invaluable as Wind

Energy Areas undergo development in currently and in the future. Staff recommends

approval of this request.

7. COMMISSIONERS ADDITIONAL QUESTIONS AND CONCERNS

Potential Names for New Community Garden:

• Hinsdale Community Garden

• Hinsdale Park Community Garden*

• Land Bank Community Garden

• Community Garden at Hinsdale Park

• Discovery Community Garden

• Mid-Island Community Garden

• Old South Community Garden

ta favorite

Cisco Beach Parking Plan

Name Considerations for 321 Polpis Rd:

• Windswept Overlook (voted 4/9 but the Commission requested more options)

• Polpis Sanctuary

• Windswept Sanctuary

• Polpis Retreat

• Polpis Hideaway

• East End Sanctuary

• East End Retreat

• East End Hideaway

Fair Street Park

Costs at the Fair Street Park have risen over time and last year, maintenance for this garden was

$22,275.00. The extra expense is on the planters and weekly maintenance. As this is a very high-

proﬁle, popular park that is on Main Street, we are wondering if the Commission is pleased with the

way the park looks and is willing to cover the extra expense or if they would prefer that costs be cut,

and maintenance be reduced.

TRANSFER BUSINESS

Nantucket Land Bank Commission

Regular Meeting of May 14, 2024

1. April 2024 Transfers – Record Nos. 46375 through 46450

a. Current “M” Exemption and Lien:

No. 46388 Shawn Thompson and Mackenzie Thompson

Transfers by Month Report

Nantucket Islands Land Bank

DATE MAP PAR LOCATION BUYER SELLER R B V O AC PRICE PAID EXNo.

4/4/2024 4243 041 SOJOURN REALTY TRUST -1 0 0 0 0.05 $0.00 $0.00 J46380 SOJOURN REALTY TRUSTACADEMY LN, 17

4/8/2024 0073 093 DERMODY/ALIMONTI -1 0 0 0 0.12 $0.00 $0.00 D46381 11 HYDRANGEA LANE NOHYDRANGEA LN, 11

4/8/2024 0054 286 7 BREWSTER NANTUCKET 0 0 -1 0 0.96 $3,000,000.00 $60,000.0046382 7 BREWSTER ROAD LLCBREWSTER RD, 7

4/8/2024 4244 022 GORE-GRIMES -1 0 0 0 0.10 $0.00 $0.00 D46383 JOAN MARIE MARCO 200CLIFF RD, 6

4/8/2024 4244 022 GORE-GRIMES -1 0 0 0 0.10 $0.00 $0.00 D46384 WILLIAM PETER MARCOCLIFF RD, 6

4/9/2024 0056 130 PONDERON LLC -1 0 0 0 1.42 $0.00 $0.00 C46385 PONDERON, LLCMEADOW VIEW DR, 33

4/9/2024 0024 223 CRAIG J FOLEY REVOCA 0 0 -1 0 9.07 $0.00 $0.00 D46386 FOLEYPOLPIS RD, 337

4/9/2024 5541 168 STEPHEN L BENDER REV -1 0 0 0 0.10 $0.00 $0.00 D46387 BENDER/LYNNORANGE ST, 73

4/10/2024 0068 977 THOMPSON -1 0 0 0 0.11 $3,030,000.00 $40,600.00 M46388 TIC T'ACK TOE LLCFAWN LN, 11

4/10/2024 0066 236 RAMOS -1 0 0 0 0.46 $0.00 $0.00 D46389 5 TOPAZ CIRCLE REALTTOPAZ CR, 5

4/10/2024 4234 022 SIX CORNERS LLC -1 0 0 0 0.26 $0.00 $0.00 I46390 CAROL MARCH EMERSONINDIA ST, 20

4/10/2024 4223 040 GLOWACKI -1 0 0 0 0.15 $0.00 $0.00 C46391 WASIL/GLOWACKIMEADER ST, 5

4/12/2024 0067 1204+ DIAS FAMILY REALTY T -1 0 -1 0 1.12 $0.00 $0.00 D46392 MANUEL F DIAS REV TRSURFSIDE RD, 48 & 50

4/12/2024 0066 4531 DUGAN -1 0 0 0 0.21 $0.00 $0.00 E46393 DUGAN, ESTATESOMERSET RD, 80

4/12/2024 0041 322 WEBSTER -1 0 0 0 0.50 $0.00 $0.00 D46394 CAROLE P WEBSTER REVMADAKET RD, 44

4/12/2024 0041 322 44 MADAKET ROAD REAL -1 0 0 0 0.50 $0.00 $0.00 C46395 WEBSTERMADAKET RD, 44

4/16/2024 4923 010 SEA DAZE LLC -1 0 0 0 0.35 $0.00 $0.00 E46396 SEA DAZE LLCBAXTER RD, 27

4/16/2024 4923 010 SEA DAZE LLC -1 0 0 0 0.35 $0.00 $0.00 E46397 SEA DAZE LLCBAXTER RD, 27

4/16/2024 4923 010 SEA DAZE LLC -1 0 0 0 0.35 $0.00 $0.00 E46398 SEA DAZE LLCBAXTER RD, 27

4/16/2024 4923 010 SEA DAZE LLC -1 0 0 0 0.35 $664,000.00 $13,280.0046399 SEA DAZE LLCBAXTER RD, 27

4/16/2024 4923 010 SEA DAZE LLC -1 0 0 0 0.35 $664,000.00 $13,280.0046400 SEA DAZE LLCBAXTER RD, 27

4/16/2024 4923 010 SEA DAZE LLC -1 0 0 0 0.35 $664,000.00 $13,280.0046401 SEA DAZE LLCBAXTER RD, 27

4/16/2024 6024 631+ MADAKET MILK LLC -1 0 0 0 1.85 $0.00 $0.00 K46402 LAMBERTMADAKET RD, 343, 345

4/16/2024 0020 063 10 EFS REALTY TRUST -1 0 0 0 3.25 $0.00 $0.00 K46403 10 EFS REALTY TRUSTEAT FIRE SPRING, 10

4/16/2024 0056 110 33 SOMERSET ROAD REA -1 0 0 0 1.99 $0.00 $0.00 D46404 O'MARA REALTY TRUSTSOMERSET RD, 33

4/16/2024 0593 099 DOSTALER-TOUCHETTE/B 0 0 0 -1 0.00 $20,000.00 $400.0046405 ROONEY ACK TRUSTMIDLAND AV, 5, 11F

4/16/2024 4241 761 JOAN P SCANLON REVOC 0 0 0 -1 0.00 $0.00 $0.00 D46406 TAYLOR III/SCANLONSWAIN ST, 15, C1

4/16/2024 4241 768 JOAN P SCANLON REVOC 0 0 0 -1 0.00 $0.00 $0.00 D46407 TAYLOR III/SCANLONSWAIN ST, 15, D

4/16/2024 0080 001- WILLOW HILL TRUST 0 0 0 -1 0.00 $2,095,000.00 $41,900.0046408 COFFIN III/COFFINSHERBURNE COMMON, 40

Page

DATE MAP PAR LOCATION BUYER SELLER R B V O AC PRICE PAID EXNo.

4/17/2024 0080 411 BEALE -1 0 0 0 0.15 $1,812,500.00 $36,250.0046409 DAVIS III/DAVISFIELD AV, 3A

4/17/2024 0067 872 JOHN M SCHAFER FAMIL 0 0 0 -1 0.00 $0.00 $0.00 D46410 SCHAFERMIACOMET AV, 10A

4/17/2024 0076 043 BURSCH/SMITH/BURSCH -1 0 0 0 1.15 $0.00 $0.00 D46411 MIAMOOR REALTY TRUSTFLINTLOCK RD, 16

4/17/2024 0067 300 FEE -1 0 0 0 0.73 $2,150,000.00 $43,000.0046412 TRUEFAIRGROUNDS RD, 56

4/17/2024 5541 205 FIRENZE HOLDINGS LLC -1 0 0 0 0.18 $0.00 $0.00 D46413 FIRENZE HOLDINGS LLCYORK ST, 31

4/17/2024 0041 230 AGUIAR -1 0 0 0 0.14 $3,200,000.00 $64,000.0046414 MCGIVNEYW CHESTER ST, 45

4/17/2024 0094 005 LANDRETH 0 0 -1 0 45.00 $0.00 $0.00 D46415 EAST POND NOMINEE TRTUCKERNUCK

4/17/2024 0094 005 HANSON 0 0 -1 0 45.00 $3,800,000.00 $76,000.0046416 LANDRETHTUCKERNUCK

4/18/2024 4241 059 ONE WALSH STREET LLC -1 0 0 0 0.15 $4,950,000.00 $99,000.0046417 ALTA SKYE LLCWALSH ST, 1

4/18/2024 0593 100- BOHR 0 0 0 -1 0.00 $12,000.00 $240.0046418 MAINSTAY INCMIDLAND AV, 3

4/18/2024 7323 007+ 36-37 OCEAN AVENUE L -1 0 0 0 2.78 $0.00 $0.00 D46419 MARY HELLER 2009 FAMOCEAN AV, 36, 37

4/18/2024 4231 632 44 CENTRE HOLDINGS L 0 0 0 -1 0.00 $1,425,000.00 $28,500.0046420 44 CENTRE STREET REACENTER ST, 44 #2

4/18/2024 7314 152 WALLACE/JOINT REVOCA -1 0 0 0 0.17 $0.00 $0.00 D46421 GAIL BUTTERS IRREVOCSANKATY RD, 1

4/19/2024 0068 538 CHRISTOPHER T AND JU -1 0 0 0 0.12 $2,475,000.00 $49,500.0046422 ABC FAMILY REVOCABLFALCON CT, 7

4/19/2024 0066 2811 MATTHEW F TOMAIOLO R -1 0 0 0 0.29 $0.00 $0.00 D46423 TOMAIOLOCLARA DR, 2

4/19/2024 4232 163 WILLIAM F FORDYCE RE -1 0 0 0 0.23 $0.00 $0.00 D46424 FORDYCEDARLING ST, 3

4/22/2024 0087 135- NANTUCKET ISLANDS LA 0 0 -1 0 16.19 $0.00 $0.00 A46425 TOWN OF NANTUCKETS SHORE RD, PARCEL B

4/22/2024 0594 1331 PATRICK J WALKER REV -1 0 0 0 1.08 $0.00 $0.00 D46426 WALKER/MARTIN WALDEARKANSAS AV, 8

4/22/2024 7341 342- LORD FAMILY LLC 0 0 -1 0 0.02 $85,255.00 $1,705.1046427 BRER RABBIT LLCCOFFIN ST, 19 PORTIO

4/22/2024 7341 034- BRER RABBIT LLC 0 0 -1 0 0.02 $85,255.00 $1,705.1046428 LORD FAMILY LLCCOFFIN ST, 15 PORTIO

4/22/2024 0048 019 97 BAXTER ROAD REALT -1 0 0 0 0.59 $0.00 $0.00 D46429 FOTOPOLOUSBAXTER RD, 97

4/22/2024 0048 019 FOTOPOULOS -1 0 0 0 0.59 $0.00 $0.00 D46430 97 BAXTER ROAD REALTBAXTER RD, 97

4/23/2024 0049 195+ SINGER -1 0 0 0 4.06 $4,500,000.00 $90,000.0046431 SNOWSHOE MILLWORKS LWINDSOR RD, 1 & 2

4/23/2024 0068 429 BURN THE SHIPS LLC 0 -1 0 0 1.22 $0.00 $0.00 I46432 SMITHOLD SOUTH RD, 98

4/23/2024 0069 2681 DIGGAN 0 0 0 -1 0.00 $0.00 $0.00 C46433 DIGGANSUN ISLAND RD, 3 #4

4/24/2024 0041 013 102 CLIFF ROAD LLC -1 0 0 0 0.55 $0.00 $0.00 I46434 ARLINGTON ROAD REALTCLIFF RD, 102

4/24/2024 0594 095 CHARLES T BARTHOLOMA -1 0 0 0 0.34 $0.00 $0.00 E46435 BARTHOLOMAE JR, ESTTENNESSEE AV, 52

4/25/2024 0080 179- KINDERMANN 0 0 -1 0 0.03 $2,739.80 $54.7946436 TOWN OF NANTUCKETMASAQUET AV & ATLANT

4/25/2024 0072 016 MARGAN REALTY TRUST -1 0 0 0 1.50 $0.00 $0.00 C46437 MARGAN REALTY TRUSTWOOD HOLLOW RD, 4

4/26/2024 0072 016 GANGEMI/MICHELLE C G -1 0 0 0 1.50 $0.00 $0.00 D46438 MARGAN REALTY TRUSTWOOD HOLLOW RD, 4

4/26/2024 0072 016 BASBOUS -1 0 0 0 1.50 $1,830,000.00 $36,600.0046439 GANGEMI/MICHELLE G GWOOD HOLLOW RD, 4

4/26/2024 0055 045 JEMISON/JOHNSTON -1 0 0 0 0.12 $0.00 $0.00 J46440 22 NEW STREET LLCNEW ST, 22

Page

DATE MAP PAR LOCATION BUYER SELLER R B V O AC PRICE PAID EXNo.

4/26/2024 4243 077 RICHARD W NESTO REVO -1 0 0 0 0.17 $0.00 $0.00 D46441 NESTO/BICKIMERCENTRE ST, 58

4/26/2024 0021 096+ QUIDNET HOLDINGS LLC -1 0 -1 0 5.26 $0.00 $0.00 I46442 QUIDNET PROPERTY NOMQUIDNET RD, 64, 66+

4/29/2024 0030 240 POPLAR HILL MD II LL -1 0 0 0 0.72 $0.00 $0.00 I46443 RIGGSSACHEM RD, 14

4/29/2024 4932 156 EELMAN -1 0 0 0 0.19 $2,500,000.00 $50,000.0046444 SULLIVANTOWADDY LN, 6

4/29/2024 0069 226 GUEVARA/RUBINA 0 0 0 -1 0.00 $900,000.00 $18,000.0046445 1A PARK CIRCLE LLCPARK CR, 1A

4/30/2024 0068 862 NANTUCKET COTTAGE HO -1 0 0 0 0.09 $2,349,000.00 $0.00 G46446 NANTUCKET PROPERTY OINDIGO DR, 5

4/30/2024 0068 863 NANTUCKET COTTAGE HO -1 0 0 0 0.09 $1,866,000.00 $0.00 G46447 NANTUCKET PROPERTY OINDIGO DR, 7

4/30/2024 0068 873 NANTUCKET COTTAGE HO -1 0 0 0 0.09 $1,985,000.00 $0.00 G46448 NANTUCKET PROPERTY OHONEYSUCKLE DR, 13

4/30/2024 0055 209 8 HOOPER FARM REALTY -1 0 0 0 0.36 $0.00 $0.00 D46449 REZENDESHOOPER FARM RD, 8

4/30/2024 0038 084 CLAIRE D GRAVES REVO -1 0 0 0 0.35 $0.00 $0.00 D46450 GRAVESNORTH POINT, 1

-53

-1

-10

-9 157.14

$46,064,749.80

$777,294.99

GRAND TOTALS

Page

MONTHLY TRANSFER STATISTICS FISCAL YEAR 2023

FY23 Total Exempt Taxable Total Gross Gross Revenue

Month Transfers Transfers Transfers Value Value Taxable Received

Jul-22 79 48 31 $124,164,276 $119,014,276 $2,387,886

Aug-22 81 57 24 $84,455,392 $70,037,323 $1,417,575

Sep-22 85 41 44 $199,748,058 $192,528,058 $3,850,561

Oct-22 97 38 59 $216,160,950 $206,610,950 $4,132,219

Nov-22 88 43 45 $186,319,400 $178,167,500 $3,563,350

Dec-22 117 59 58 $178,569,358 $165,994,358 $3,325,661

Jan-23 69 50 19 $105,949,500 $103,160,414 $2,063,208

Feb-23 61 48 13 $19,474,665 $17,669,500 $361,890

Mar-23 72 46 26 $90,080,762 $84,013,251 $1,680,265

Apr-23 50 33 17 $52,530,610 $50,810,810 $1,016,216

May-23 82 46 36 $123,501,599 $119,844,099 $2,396,882

Jun-23 60 36 24 $110,778,641 $104,152,130 $2,083,043

THRU APR 23 799 463 336 $1,257,452,970 $1,188,006,440 $23,798,831

Average 80 45 33 $124,311,101 $147,930,411 $2,356,563

Low 50 33 13 $19,474,665 $17,669,500 $361,890

High 117 59 59 $216,160,950 $206,610,950 $4,132,219

MONTHLY TRANSFER STATISTICS FISCAL YEAR 2024

FY24 Total Exempt Taxable Total Gross Gross Revenue

Month Transfers Transfers Transfers Value Value Taxable Received

Jul-23 75 49 26 $110,131,693 $104,912,515 $2,098,250

Aug-23 64 32 32 $78,042,000 $71,417,000 $1,428,340

Sep-23 93 46 47 $199,648,798 $199,548,798 $3,990,976

Oct-23 101 56 45 $170,787,010 $162,137,010 $3,242,740

Nov-23 79 51 28 $92,790,100 $91,990,100 $1,840,004

Dec-23 76 50 26 $87,561,537 $80,894,700 $1,617,894

Jan-24 72 42 30 $109,580,517 $102,178,767 $2,043,575

Feb-24 46 26 20 $60,093,759 $60,093,759 $1,201,875

Mar-24 87 61 26 $58,903,942 $57,203,942 $1,144,079

Apr-24 76 52 24 $52,555,750 $45,355,750 $907,115

May-24

Jun-24

THRU APR 24 769 465 304 $1,020,095,106 $975,732,341 $19,514,849

Average 77 47 30 $102,009,511 $97,573,234 $1,951,485

Low 46 26 20 $52,555,750 $45,355,750 $907,115

High 101 61 47 $199,648,798 $199,548,798 $3,990,976

MONTHLY (UNAUDITED)

$2,000,000

$4,000,000

$6,000,000

$8,000,000

$10,000,000

$12,000,000

$14,000,000

JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN

FISCAL YEAR TRANSFER REVENUE COMPARE

2020 - 2024

FY20

FY21

FY22

FY23

FY24

From: Chris Getoor

To: Jesse Bell

Subject: Cisco Beach

Date: Tuesday, April 23, 2024 7:37:35 AM

Jesse,

I hope all is well. I'm sure you have bigger fish to fry to please feel free to pass me on to the

appropriate person. I'm reaching out in the hope that the ice cream truck will have the

opportunity to stop by Cisco periodically this summer.

You may remember we had permission during our first year but I found that the time

commitment requirement and the fact that there were so many other vendors there didn't make

sense for us. I know that landscape is changing and I'm hoping to revisit. We are the only

roaming MFU licence on the island so we operate under different guidelines. Ideally we'd like

to stop by for 30min once or twice a day during the summer. Would that work and if so, what

are the next steps? Thanks for your consideration. Looking forward to hearing back. Enjoy the

day.

Best,

Chris Getoor

Executive Director

Strong Wings Adventure School

in Partnership with Nantucket New School

(508) 228-1769

strongwings.org

9 Nobadeer Farm Road, Nantucket, MA 02554

Make a Gift

LICENSE AGREEMENT

This Temporary License Agreement (this “License”) is executed this ___ day of May,

2024, by and between the Nantucket Islands Land Bank, a body politic and corporate, with a

principal place of business at 22 Broad Street, Nantucket, Massachusetts, 02554 (the

“Licensor”), and Nantucket Beach Dogs, with a principal place of business at 16 Hummock

Pond Road, Nantucket, Massachusetts, 02554 (the “Licensee”).

Recitals

WHEREAS, the Licensor is the owner of record of property located at “CISCO BEACH”

off of Hummock Pond Road, which property is shown on Assessors Map 82 as Parcel 30 and

which was conveyed to Licensor by Quitclaim Deed recorded January 5, 2000, with the

Nantucket Registry of Deeds at Book 646, Page 258 (the “Licensor’s Property”);

WHEREAS, the Licensee has requested the Licensor for entry upon a portion of the

Licensor’s Property for the purpose of mobile food unit concessions and

WHEREAS, the Licensor is amenable to granting the Licensee said entry and use, subject

to the terms set forth herein.

NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:

1. LICENSED PREMISES, PERMITTED USES, TERM

Subject to the provisions of this License, the Licensor hereby grants Licensee and its

agents, representatives, employees, contractors, and other authorized parties (with Licensee, the

“Licensee Parties”) non-exclusive use of those portions of the Licensor’s Property located at as

further described in Exhibit A hereto (the “Licensed Premises”) only for the purpose of mobile

food unit concessions as further described in Exhibit B hereto (the “Permitted Use”). This

License shall not be construed as creating or vesting in Licensee any estate in the Licensed

Premises, including, but not limited to, an easement, lease, tenancy at will or other property

right, but only the limited right of use as hereinabove stated.

The rights granted hereunder may be exercised from May 24, 2024, through September

15, 2024, and for such longer time as the Licensor may require, until the Licensor has terminated

this License in accordance with the terms hereof.

2. CONSIDERATION

The consideration for this License shall be a $300 commercial use fee, the receipt of

which is hereby acknowledged, the payment by the Licensee of all costs and expenses associated

with the exercise of the rights granted hereunder, together with the observation and performance

by the Licensee of all the obligations and covenants set forth within this License to the

reasonable satisfaction of the Licensor.

3. CONDUCT

(a) During the exercise of the rights hereby granted, the Licensee shall at all times

conduct itself so as not to unreasonably interfere with the operations of the Licensor or with the

operations of any other Licensor’s Property easement holder, and shall observe and obey any and

all applicable laws, statutes, ordinances, regulations and permitting or licensing requirements.

(b) The Licensee shall be solely responsible for any and all costs and expenses

associated with the exercise of its rights under this License. If required under state law, the

Licensee shall pay prevailing wages to its employees for the work performed on the Licensor’s

Property.

Licensor’s Property, including the Licensed Premises, arising from the use of the Licensed

Premises by the Licensee or any of the other Licensee Parties and/or the negligence of any of the

Licensee Parties.

(d) The Licensee shall not make any major or structural alterations to the Licensed

Premises without the prior written consent of the Licensor, such consent to be granted in the

Licensor’s sole discretion.

(e) The Licensee shall be solely responsible for obtaining any and all applicable

permits, licenses, and approvals associated with the Permitted Use.

(f) The Licensee shall not permit any mechanics’ liens, or similar liens, to remain

upon the Licensed Premises for labor and material furnished to the Licensee or claimed to have

been furnished to the Licensee in connection with work of any character performed or claimed to

have been performed at the direction of the Licensee and the Licensee shall cause any such lien

to be released of record forthwith without cost to the Licensee.

(g) The Licensor shall not, under any circumstances, be liable for the payment of any

expenses incurred or for the value of any work done or material furnished to the Licensed

Premises or any part thereof, but all such improvements and alterations shall be done and

materials and labor furnished at Licensee’s expense, and the laborers and material men

furnishing labor and materials for the work shall release the Licensee from any liability.

(h) The Licensee expressly agrees that it shall promptly restore the Licensed Premises

after any disturbance and repair any damage caused to the Licensed Premises, and/or any

improvements thereon, caused by or arising directly or indirectly due to the acts or omissions of

Licensee or any of the other Licensee Parties, at its sole cost and expense.

(i) The provisions of this Section 3 shall survive the expiration or termination of this

License.

4. INSURANCE

The Licensee shall maintain during the period of this License general liability insurance

in the minimum amounts determined by the Licensor in its sole discretion. Licensee shall choose

an insurer licensed in Massachusetts having a B+ or better financial rating from a recognized

insurance accreditation institution (such as A.M. Best Company). The Licensor shall be named

as an additional insured on all such insurance policies, and Licensee shall provide for a thirty

(30) day written notification to the Licensor in the event of cancellation or modification of the

policy or policies. Licensee shall provide the Licensor with certificates of insurance prior to

entering the Licensed Premises and at such other times as the Licensor may reasonably request.

To the extent required by law, the Licensee or the Licensee Parties shall maintain

worker’s compensation insurance, from the commencement of the work until the completion

thereof. The Licensee agrees that any Licensee Parties performing work on behalf of the

Licensee at the Licensed Premises shall carry workers' compensation insurance, liability

insurance, and automobile liability insurance in amounts reasonably acceptable to the Licensor

and shall name the Licensor as an additional insured party. Prior to the commencement of any

work, the Licensee shall provide the Licensor with a copy of the contractor’s insurance

certificate indicating liability insurance coverage as herein specified, and copies of any

approvals, including any building permits, necessary or obtained to conduct said construction.

5. INDEMNIFICATION

The Licensee shall indemnify, defend and hold harmless the Licensor from any and all

liability, loss, damage, costs, expenses (including, without limitation, reasonable attorneys’ fees

and expenses), causes of action, suits, claims, demands or judgments of any nature whatsoever,

in law and equity, which are or may be brought against the Licensor or its agents, employees,

successors and assigns under any existing or future arising statutory or common law (including

but not limited to Comprehensive Environmental, Response, Compensation and Liability Act, 42

U.S.C. 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901

et seq., the Massachusetts Oil and Hazardous Material Release Prevention and Response Act,

G.L. c. 21E, and all applicable rules and regulations promulgated thereunder) arising out of or

relating to: (1) the discharge, release or threatened release at or from the Licensed Premises of oil

or hazardous material as defined under federal, state or local law which is caused by the Licensee

or any of the other Licensee Parties (2) any failure on the part of Licensee to comply with any

provision or term required to be performed or complied with by the Licensee under this License,

and (3) for the death, injury or property damage suffered by any person relating in any way to the

Licensee's exercise of its rights under this License. The obligations of this Section 5 shall

survive the expiration or termination of this License.

6. RISK OF LOSS

The Licensee acknowledges and agrees that it accepts the Licensor’s Property, including

Licensed Premises, in “AS IS” condition for the purpose of this License, and that the Licensor

has made no representation or warranty regarding the fitness of the Licensor’s Property,

including the Licensed Premises. The Licensee agrees that it shall use and occupy the Licensed

Premises at its own risk, and the Licensor shall not be liable to Licensee for any injury or death

to persons entering the Licensed Premises pursuant to the License, or loss or damage to vehicles,

equipment or other personal property of any nature whatsoever of the Licensee, or of anyone

claiming by or through the Licensee, that are brought upon the Licensed Premises pursuant to

this License. The provisions of this Section 6 shall survive the expiration or termination of this

License.

7. TERMINATION, REVOCATION

This License shall be revocable by the Licensor with or without cause upon written notice

of revocation at least ninety (90) days prior to the termination date stated within said notice,

provided, however, that if there has been a material breach of the terms of this License by

Licensee or the other Licensee Parties, the Licensor may revoke this License if Licensee fails to

cure the same within thirty (30) days from written notice thereof, or, for a material breach that

threatens public safety, within ten (10) days from said written notice.

In the event that this License expires or is terminated, the Licensee shall, at its own

expense, remove all its facilities, apparatus, equipment and property from the Licensed Premises,

and restore the Licensed Premises to its original condition as at the commencement of this

License, as nearly as possible. Any damage or destruction of the Licensed Premises by the

Licensee or the other Licensee Parties shall be promptly repaired or replaced by the Licensee to

the satisfaction of the Licensor, at Licensee’s own expense. The obligations of this Section 7

shall survive the termination of this License.

8. MISCELLANEOUS

(a) This License shall not be construed as creating or vesting in Licensee any estate in

the Licensed Premises, but only the limited right of use as hereinabove stated.

(b) Any notice between the parties shall be deemed duly served if delivered, mailed

by registered or certified mail, return receipt requested, postage prepaid, or sent by recognized

overnight delivery, addressed to the parties at the addresses set forth in the preamble.

agreements or understandings between the parties regarding the subject matter of this License.

(d) Modifications or amendments to this License shall be in writing and duly

executed by both parties hereto to be effective.

(e) Licensee is not authorized to bind or involve the Licensor in any contract or to

incur any liability for or on the part of the Licensor.

(f) The Licensor reserves the right and Licensees shall permit the Licensor and its

employees, contractors, agents and invitees to enter upon and use the Licensed Premises at any

time for any and all purposes at Licensor’s sole discretion, provided that Licensor’s use shall not

interfere unreasonably with Licensee’s Permitted Uses.

(g) If any portion of this License is declared to be illegal, unenforceable or void, then

all parties to this License shall be relieved of all obligations under that portion; provided,

however, that the remainder of this License shall be enforced to the fullest extent permitted by

law.

(h) The captions in this License are inserted for convenience of reference only and in

no way define, describe or limit the scope or intent of this License or any of the provisions

thereof.

(i) All appropriate terms and provisions relating to indemnification and the

restoration of the property affected hereby, shall survive the expiration or termination of this

License.

(j) This License shall be governed by and construed in accordance with the laws of

the Commonwealth of Massachusetts, and any and all legal actions brought in connection with

this License shall be brought in courts within the Commonwealth of Massachusetts.

Signature Page Follows

IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be

executed and effective as of the date first above written.

LICENSOR LICENSEE

Nantucket Islands Land Bank, Nantucket Beach Dogs

By its Authorized Representative

Jesse A. Bell, Executive Director by its Authorized Representative

Name: Jack Decker

Title: Co-Owner

Date: Date:

Exhibit A

Description of Licensed Premises

SEE ATTACHMENTS

• GIS MAP

• Deed Book 646 Page 258

Town and County of Nantucket, MA April 10, 2024

Property Information

Property ID 7977

Location SMOOTH HUMMOCKS

Owner NANTUCKET ISLANDS LAND BANK

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT

Town and County of Nantucket, MA makes no claims and no

warranties, expressed or implied, concerning the validity or

accuracy of the GIS data presented on this map.

Geometry updated 02/08/2024

Data updated Jan. 2021

Print map scale is approximate.

Critical layout or measurement

activities should not be done using

this resource.

1" = 250.75500127897078 ft

Exhibit B

Description of Permitted Use/Project

MOBILE FOOD VENDING AT CISCO BEACH

for the 2024 summer season, subject to the following conditions:

1. Hours of service operation, not inclusive of set-up and breakdown, shall be in

compliance with requirements established by the Nantucket Health Department.

2. While it is understood that vending services are weather dependent, preference shall

be given to vendors who propose to operate up to seven (7) days per week, no less

than five (5) days per week, with particular emphasis on consistent weekend

operations when such mobile food unit services would be in high demand.

3. Due to significant erosion of the existing parking lot and the volume of traffic in this

popular destination, the location of parking of the Mobile Food Unit must be

reviewed, approved, and assigned by Land Bank Staff prior to exercise of the terms

of the License Agreement. Staff shall meet with the Licensee on site to clarify the

location of approved parking spaces that will not further jeopardize the fragile coastal

bank and that shall not interrupt the traffic flow or otherwise block sight lines.

4. Subject to Staff approval, parking of the unit is available on a first-come, first-served

basis only.

5. A trash receptacle must be kept near the vending unit. Areas must be kept clean and

free of trash while present. Further, all trash generated by an operation should be

removed from the premises, to the maximum extent practicable.

6. Use of biodegradable containers, straws and packaging is strongly encouraged.

7. Full compliance with applicable state and local regulations including restrictions

imposed by the Governor, state Department of Public Health and local Board of Health,

including but not limited to customer lines and sanitation.

8. The Land Bank's approval is contingent upon all other applicable Town permits

having been obtained, as well as compliance with the Town of Nantucket By-Law.

9. The Land Bank reserves the right to impose additional conditions as necessary

throughout the season based on issues which may arise.

10. Approval shall be valid for the 2024 summer season only and is revocable at will at

any time, should issues arise.

Board of Directors

William Willet

Interim President

Matt Liddle

Vice President

Laurel Ried Langworthy

Treasurer

Susan E. Robinson

Clerk

Matt Anderson

Susan Baer

Mary-Randolph Ballinger

William S. Brenizer

Lucy Dillon

Thomas V. Farrell

Robert Friedman

Nancy Gillespie

Nathanael Greene

Matt Haffenreffer

Charles A. Kilvert III

Lucy Leske

Robert P. Lyons, Jr.

Keltie Donelan McDonald

Peter McCausland

Alan Nathan

Helen Weeks Peterson

Charles Platt

Amy Rowland

Carl H. Sjolund

H. Brooks Smith

Lars Soderberg

David Troast

Honorary Director

Paul A. Bennett

Associates

Jen Garran

Chair

William Johnson

Chad Kilvert

Leah Mojer

Helen Weeks Peterson

Margaret Troast

Scientific Advisor

James W. Sutherland, Ph.D.

Staff

Emily Molden

Executive Director

Michelle Whelan

Development Director

RJ Turcotte

Nantucket Waterkeeper

Willa Arsenault

Environ. Program Coordinator

Anna Day

Communications Manager

Dennis A. Murphy

General Counsel

Nantucket Land & Water Council

YOUR Environmental Advocate Since 1974

Six Ash Lane, PO Box 502, Nantucket, MA 02554

508.228.2818 | www.nantucketlandwater.org

We Pay Attention • We Raise Awareness • We Take Action

April 30, 2024

Mr. Neil Paterson, Chair

Nantucket Land Bank Commission

22 Broad Street

Nantucket, MA 02554

Re: Nantucket Land & Water Council - Oyster Upweller Request

Dear Chair Paterson and Land Bank Commissioners,

In 2023 the Nantucket Land & Water Council (NLWC) partnered with the Town’s Natural

Resources Department, and MassOyster Project to assist Carley Ray in building and

operating a small Oyster Upweller.

As a reminder this project has been a collaborative effort involving many parties and a great

deal of community support. As part of her Girl Scout Gold Award project, Carley built the

Upweller stand in the Nantucket High School shop class utilizing an old fiberglass tank no

longer of use to the Brant Point Shellfish Hatchery. The Hatchery also provided oyster spat

to supply the Upweller in its inaugural year.

Carley and her Gold Award advisor, Leah Hill, came before the Land Bank Commission

last year to request permission to site the Upweller at the Land Bank’s Petrel Landing

property. This site was perfectly suited for an Upweller, having direct access to the Harbor,

electricity and freshwater for operations, and public access for educational opportunities.

Due to the success of the Upweller in its first year, we are writing to request Land Bank

Commission approval to set the Upweller up at Petrel Landing again in 2024. We are aware

that utilities are no longer available at this location but have instead successfully arranged

to utilize electricity and water from the adjacent Nantucket Island Resorts property on

Commercial Wharf. We are simply requesting permission to site the Upweller in the same

location as 2023.

Please let us know if you have any questions.

Sincerely,

RJ Turcotte

Nantucket Waterkeeper

REQUESTS FOR TEMPORARY PRIVATE EVENT USE

ON NANTUCKET LAND BANK PROPERTIES

The Land Bank Commission will allow small, short, simple ceremonies with minimal set up (no

tents, no amplified music, a few chairs for guests who cannot be expected to stand, and preferably

fewer than 35 guests). Carpooling is strongly encouraged. Depending upon the size and scope, your

request will either be reviewed internally by Staff or at a Land Bank Commission meeting after which

you will be notified regarding approval status. All commercial events require payment of a $100 fee,

EXCEPT filming which requires a $250/day fee.

PLEASE NOTE THAT THE LAND BANK’S APPROVAL IS CONTINGENT UPON ALL OTHER

APPLICABLE TOWN PERMITS HAVING BEEN OBTAINED.

APPLICANT NAME:

MAILING ADDRESS:

TELEPHONE: (___)-___-____ E-MAIL:

Proposed Location of EVENT:

DATE of EVENT: TIME of EVENT:

Description / Anticipated # of attendees

friends, family, catering staff

PLEASE DESCRIBE THE EVENT (theme, scope, duration, installation, food and beverage …):

*******************************************************************************

Approved/Denied: Date:

Special Projects Coordinator

Approval date

Staff Comments:

Applicants must be in full compliance with Health Department, Fire, Police, and Natural Resources regulations.

Contact Town of Nantucket Events Coordinator, Marina Dzvonik at 508-325-4166 or by email to

[email protected]cket-ma.gov

Pauline Cronin

30 Surfside Road, Nantucket, MA, 02554

508-228-7285 x1166

[email protected]

Discovery Playground, Old South Road

Mondays, ASAP through June 3

10:30-11:30am

maximum of 30

Playground Pal provides storytimes at the playground to connect families, expose them to literacy

activities and provide referrals to resources as needed. Children will be brought to the playground by their

parents/caregivers. Many will walk from the Richmond development.