2010-2692010-269
Resolution Authorizing the Settlement of Tax Certiorari Regarding Chelsea Farms, 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
September 13, 2010.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Christopher J. Colsey
Councilmembers - William H. Beale (Departed 8:28 PM)
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilwoman Czarniecki.
WHEREAS, there is now pending in the Dutchess County Supreme Court tax certiorari
proceedings commenced in 2008, 2009 and 2010 by Chelsea Farms, LLC, regarding Grid Nos.
6056-01-138527, located at 59 Chelsea Road, and 6056-01-190688, located at River Rd. North,
in the Town of Wappinger, commonly known as Chelsea Farms, LLC, seeking a reduction in the
2008, 2009 and 2010 tax assessment for those respective tax rolls; and
WHEREAS, the Town Assessor and Special Counsel recommend a settlement on these
tax review proceedings
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 years 2008, 2009 and 2010, as it pertains to Grid Nos.6056-01-138527 and
6056-01-190688, as follows:
Grid No.: Nos.6056-01-138527
Tax Year
Original Total
Assessment
Revised Total
Assessment
Reduction
2008
1,382,000
867,000
515,000
2009
1,382,000
867,000
515,000
2010
1,382,000
867,000
515,000
Grid No.: 6056-01-190688
Tax Year
Original Total
Assessment
Revised Total
Assessment
Reduction
2008
1,324,500
712,555
611,945
2009
1,324,500
712,555
611,945
2010
1,324,500
712,555
611,945
and
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
action 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
9/13/2010
The Resolution is hereby duly declared adopted.
J HN ASTERSON, TOWN CLERK
Gellert & Klein, P.c
Leonard Klein
Attorneys at Law
Counsel
Arthur L. G
Gellert
Stephen E. Ehlers
75 Washington Street •Poughkeepsie, NY 12601
S. Nina Gellert
John A. Ge
Geoghegan
(845) 454-3250
Raina E. Maissel °
Lillian S. W
Weigert
Scott L. Vol kman
(845) 454-4652 fax
Justice George D. Marlow
David R. W
Wise*
Appellate Division (Ret.)
Senator Stephen M. Saland
Roderick J. MacLeod
Robert C. Vincent, Jr.
Bevin S. H
Harrington
Kelly L. Traver *
Westchester County Office Columbia County Office
Robert E. N
Noe
3010 Westchester Avenue Suite 302 2210 Route 7
Joseph H. Gellert
Pamela B.
Elizabeth
(1907 1989)
*Also Admitted in CT
Also Admitted in NJ
°Also Admitted in England
Purchase, NY 10577 Co ake, NY 12516
Richardson • (914) 249-0100 (518) 329-1533 tel/fax
M. Corrado
(914) 249-0111 fax
www.gklaw.us
September 7, 2010
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Re: Chelsea Farms, LLC. vs. Town of Wappinger
Our File No.: 27036.2929
Dear Supervisor Colsey and Town Board Members:
Please be advised that the above referenced proceeding is a tax certiorari matter for the
tax year of 2008, 2009 and 2010. There are two parcels of vacant land located at 59 Chelsea
Road and River Road. The Assessor has negotiated a settlement of the above referenced
proceeding by reducing the assessment from $1,382,000 to $867,000 on 59 Chelsea Road and
reducing the assessment from $1,324,500 to $712,555 on River Road. Since we have a 100%
equalization rate that reflects fair market value. The Assessor will provide you with a
recommendation and a refund analysis for your consideration. Additionally, refunds will be
payable without interest if paid within 60 days.
I enclose herewith a Resolution for your consideration at the September 13, 2010. Town
Board meeting. Your favorable consideration at that time, would be greatly appreciated.
Very truly yours,
GEL & KLEIN, P.C.
BY:
SCOTT L. V LKMAN
SLV/br
Enc.
cc: Christian Harkins, Assessor
Loretta Brunello, Deputy Assessor
Chris Masterson, Town Clerk
FAUSER\clients\W\Wappinger - Town\Tax Certs\Chelsea Fanns\9-7-10 ltr to TB w resolution.wpd