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2010-0642010-64 Resolution Authorizing Settlement of Tax Certiorari - Natures Preserve, LLC At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on January 25, 2010. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale Vincent F. Bettina Ismay Czarnecki Joseph P. Paoloni The following Resolution was introduced by Councilman Beale and seconded by Supervisor Colsey. WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certioran proceeding, commenced in 2009, by Nature Preserve, LLC (Bevy Lane & Doe Trail), regarding premises located at 2446 Route 9D, Grid #s (see attached list), seeking a reduction in the 2009 tax assessment for the 2009/2010 tax roll; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement on this tax review proceeding NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the year 2009, as it pertains to Grid Nos.: (see attached list) (51 parcels) Original Total Reduction in Final Total Tax Year Assessment Total Assessment Assessment 2009/2010 2,805,000 1,275,000 1,530,000 (51 x 55,000) (51 x 25,000) (51 x 30,000) BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C., Special Counsel to the Town of Wappinger, are hereby authorized to take all actions necessary and appropriate to effectuate the terms of this resolution. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 1/25/2010 The Resolution is hereby duly declared adopted. *JHN . MA TERSON, TOWN CLERK Dear Supervisor Colsey and Town Board Members: Counsel S. Nina Gellert Raina E. Maissel ° Justice George D. Marlow Appellate Division (Ret.) Senator Stephen M. Saland Robert C. Vincent, Jr. Joseph H. Gellert (1907-1989) "Also Admitted in CT •Also Admitted in NJ °Also Admitted in England The subject property involves a townhouse community, which is unbuilt at this time. It has approval for approximately 51unbuilt and unstarted townhouse units. The assessment will effectively be on the vacant lots only. The units are currently assessed at $55,000.00 each. The Assessor has agreed to a reduction in the assessed value to reduce each of these lots to $30,000.00. This, of course, can be readdressed when construction is completed on the subject property. Please note that this addresses the 2009/2010 tax year only. Therefore, there will be refund liability for the recently issued bills if they have been paid. The Assessor will prepare a refund analysis for your consideration. Please note that the refunds, which are administered by Dutchess County, are payable without interest if paid within 60 days of receipt of the final Order. It is my recommendation along with the Assessor, that dothe not hesitate favorably consider contact this islf or settlement. If you have any questions in the meantime, please the Assessor. SLV/br Enc. Cc: Christopher Masterson, Town Clerk Christian Harkins, Assessor Yours vftyldwY, 0,1RT.L & KI VOLKMAN Gellert & Klein, P.C. Attorneys at Law Leonard Klein Arthur L. Gellert 75 Washington Street • Poughkeepsie, NY 12601 Stephen E. Ehlers John A. Geoghegan (845) 454-3250 Lillian S. Weigert (845) 454-4652 fax Scott L. Volkman David R. Wise` Roderick J. MacLeod Bevin S. Harrington Westchester County Office Columbia County Office Kelly L. Traver ` Daniel H. Stock 3010 Westchester Avenue Suite 302 2210 Route 7 Purchase, NY 10577 Copake, NY 12516 Pamela B. Richardson • (914) 249-0100 (518) 329-1533 tel/fax Laura E. Vincenzi (914) 249-0111 fax www.gklaw.us January 18, 2010 Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, Re: Nature Preserve, LLC- Berry Lane and Doe Trail File No.: 27036.8529 Dear Supervisor Colsey and Town Board Members: Counsel S. Nina Gellert Raina E. Maissel ° Justice George D. Marlow Appellate Division (Ret.) Senator Stephen M. Saland Robert C. Vincent, Jr. Joseph H. Gellert (1907-1989) "Also Admitted in CT •Also Admitted in NJ °Also Admitted in England The subject property involves a townhouse community, which is unbuilt at this time. It has approval for approximately 51unbuilt and unstarted townhouse units. The assessment will effectively be on the vacant lots only. The units are currently assessed at $55,000.00 each. The Assessor has agreed to a reduction in the assessed value to reduce each of these lots to $30,000.00. This, of course, can be readdressed when construction is completed on the subject property. Please note that this addresses the 2009/2010 tax year only. Therefore, there will be refund liability for the recently issued bills if they have been paid. The Assessor will prepare a refund analysis for your consideration. Please note that the refunds, which are administered by Dutchess County, are payable without interest if paid within 60 days of receipt of the final Order. It is my recommendation along with the Assessor, that dothe not hesitate favorably consider contact this islf or settlement. If you have any questions in the meantime, please the Assessor. SLV/br Enc. Cc: Christopher Masterson, Town Clerk Christian Harkins, Assessor Yours vftyldwY, 0,1RT.L & KI VOLKMAN TOWN OF WAPPINGER TOWN BOARD RESOLUTION WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2009 by Nature Preserve, LLC (Berry Lane & Doe Trail) regarding premises located at 2446 Route 9D, Grid #s (see attached list) , seeking a reduction in the 2009 tax assessment for the 2009/2010 tax roll; and WHEREAS, the Town Assessor and Special Counsel have recommend a settlement on this tax review proceeding; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceeding for the year 2009, as it pertains to Grid Nos.: (see attached list) (51 parcels) Original Total Tax Year Assessment 2009/2010 2,805,000 (51x55,000) :and be it further Reduction in Final Total Total Assessment Assessment 1,275,000 1,530,000 (51x25,000) (51x30,000) RESOLVED, that the Town Supervisor, Town Assessor and Gellert & Klein, P.C. Special Counsel to the Town of Wappinger are hereby authorized to take all action necessary and appropriate to effectuate the terms of this resolution. January 25, 2010 EXMIT "A" Nature Preserve Taxes Section: 6157 Block: 01 Lot Assessment Current Reduced Amount of Number Roll Assessment Assessment Reduction 225648 2009 55,000 30,000 25,000 226639 2009 55,000 30,000 25,000 226641 2009 55,000 30,000 25,000 226650 2009 55,000 30,000 25,000 227633 2009 55,000 30,000 25,000 227635 2009 55,000 30,000 25,000 227637 2009 55,000 30,000 25,000 227651 2009 55,000 30,000 25,000 228631 2009 55,000 30,000 25,000 228653 2009 55,000 30,000 25,000 230630 2009 55,000 30,000 25,000 230655 2009 55,000 30,000 25,000 231625 2009 55,000 30,000 25,000 231628 2009 55,000 30,000 25,000 231656 2009 55,000 30,000 25,000 232658 2009 55,000 30,000 25,000 233660 2009 55,000 30,000 25,000 Lot Assessment Current Reduced Amount of Reduction Number Roll Assessment Assessment 237588 2009 55,000 30,000 25,000 237591 2009 55,000 30,000 25,000 237593 2009 55,000 30,000 25,000 237642 2009 55,000 30,000 25,000 238595 2009 55,000 30,000 25,000 238597 2009 55,000 30,000 25,000 238648 2009 55,000 30,000 25,000 239599 2009 55,000 30,000 25,000 239602 2009 55,000 30,000 25,000 239638 2009 55,000 30,000 25,000 239641 2009 55,000 30,000 25,000 239645 2009 55,000 30,000 25,000 240605 2009 55,000 30,000 25,000 240607 2009 55,000 30,000 25,000 240609 2009 55,000 30,000 25,000 240637 2009 55,000 30,000 25,000 241611 2009 55,000 30,000 25,000 241635 2009 55,000 30,000 25,000 242633 2009 55,000 30,000 25,000 Lot Assessment Current Reduced Amount of Reduction Number Roll Assessment Assessment 243631 2009 55,000 30,000 25,000 244629 2009 55,000 30,000 25,000 248709 2009 55,000 30,000 25,000 249712 2009 55,000 30,000 25,000 249714 2009 55,000 30,000 25,000 249716 2009 55,000 30,000 25,000 249718 2009 55,000 30,000 25,000 249720 2009 55,000 30,000 25,000 249723 2009 55,000 30,000 25,000 249725 2009 55,000 30,000 25,000 250728 2009 55,000 30,000 25,000 250729 2009 55,000 30,000 25,000 250732 2009 55,000 30,000 25,000 250734 2009 55,000 30,000 25,000 250736 2009 55,000 30,000 25,000