Chelsea Farms, LLC
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
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CHELSEA FARMS, LLC,
Petitioners,
NOTICE OF APPLICATION
TO
REVU:W TAX ASSESSMENT
-against-
INDEX NO. t.. 0 e; 'i - f-rq
BOARD OF ASSESSORS FOR THE TOWN OF
WAPPINGER and TOWN OF WAPPINGER,
DATE FILED:
Respondents.
--------------------------------------------------------------------)(
PLEASE TAKE NOTICE that, upon the petition of CHELSEA FARMS, LLC, verified
the 28th day of July, 2008 a copy of which is annexed, an application will be made at a Special
Term of the Supreme Court, to be held in and for the County of Dutchess, at the Courthouse in
Poughkeepsie, New York on the 26th of September, 2008 at 9:30 a..m. o'clock in the forenoon of
that day or as soon thereafter as counsel can be heard or at such other place and time as the LA.S.
Judge shall direct for a review under Article 7 of the Real Property Tax Law, of the Assessment at
$2,706,500 for the year 2008-09 upon certain real property of Petitioners more fully set forth and
described in said petition, and for such other and further relief as may be just and proper in the
premises, with costs.
RECE\\lED
jUL 2 9 2008
TOWN CLERK
JACOBO~ UBI ,
H. Thomas, Jr.: E q
A eys for Petitioners
158 Orange Avenue" P.O. Box 3 7
Walden, New York 12586-0367
Tel. No. (845) 778-2121
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COUNTY OF DUTCHESS
______________________________________________________--------------X
CHELSEA FARMS, LLC,
Petitioners,
PETITION
-against-
INDEX NO. Z~:e <(->fa
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BOARD OF ASSESSORS FOR THE TOWN OF
WAPPINGER and TOWN OF WAPPINGER,
~,
Respondents.
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The Petitioners, CHELSEA FARMS, LLC, respectfully shows to this Court, upon
information and belief:
1. Petitioners is, and at all times hereinafter mentioned was a domestic corporation, and
is the owner of real property situated at Town of Wappinger, Dutchess County, New York, and
described on the assessment roll as
Tax Map No. 6056-01-138527
Assessed valuation - $1,382,000
Parcell
Tax Map No. 6056-01-190688
Assessed valuation- $1,324,500
Parcel 2
2. Respondent was, and is, authorized to assess real property and review said
assessment in the Town of Wappinger for the purpose of taxation.
3. On or before May 1, 2008 respondent prepared and completed a general assessment
roll for said Town of Wappinger in the County of Dutchess, for the year 2008-09 taxes, and
made a copy thereof and left it with the Town Clerk of the Town of Wappinger, where it might
be seen and examined by any person until the 27th day of May, 2008 and respondent thereupon
posted publicly in said tax district a notice to that effect, and further stating that on said 27th day
of May, 2008 respondent would meet at a time and place specified in said notice to review said
assessments.
4. Petitioners' real property was assessed and described on said assessment roll for the
year 2008-09 for 2008-09 taxes as stated above.
5. At the time and place specified in said notice of the meeting for respondents to
review said assessments, Petitioners appeared specifically for the purpose of objecting to the
assessment on said real property, and then and there in due form protested in relation to such
assessment of Petitioners' real property aforedescribed, and duly filed with respondent a duly
verified statement specifying the respects in which said assessment complained of was
incorrect, and such statement was duly received by respondent and filed.
6. A copy of the protest so served upon respondent is annexed hereto, and in and by said
protest, Petitioners objected to the legality, validity, justice, correctness, and fairness of said
assessment.
7. Respondent made no change in the assessed value listed above and included said
figure in the completed roll.
8. Said assessment is illegal on the following grounds set forth on the statement
attached to the complaint or protest submitted to the Board of Assessment Review annexed
hereto and referred to herein as if set forth in full.
9. Said assessment is erroneous, illegal and unjust by reason of overvaluation in that the
property of Petitioners have been assessed upon the assessment roll at the sum of$1,382,000 for
parcell, and at the sum of $1,324,500 for parcel 2, which is more than the fair market value of
said property and that the amount of said overvaluation is the sum of $829,200 for parcell, and
is the sum of $794,700 for parcel 2.
10. Said assessment is unequal in that said assessment of the property of Petitioners has
been made at a higher proportionate valuation than the assessments of other property within said
tax district and assessed upon said assessment roll, in that, while the property of Petitioners is
assessed at over 100 percent of its full market value, the property of other owners in said tax
district and assessed upon said assessment roll is not at so high a percentage of its full market
value, the average assessment of the property within said tax district other than the property of
Petitioners being at the rate of less than 100 percent of the full market value thereof, and not at
the full market value as required by law.
11. Respondent thereafter made its final determination on all applications including that
of Petitioners; verified and certified its said determination on all applications for review of
assessments; and on or about the 1st day of July, 2008 duly made and filed in the office of the
Town Clerk of the Town of Wappinger, a correct and complete assessment roll.
12. Respondent duly gave the notice required by law by posting and publishing notice
of the completion and filing of the said assessment roll.
13. Petitioners are assessed on said assessment roll for the said property at the
valuations finally fixed and determined by respondent as above stated.
14. Petitioners are and will be aggrieved and injured by the aforesaid overvaluation and
illegal and unequal assessment as it will, by reason of the premises, be compelled to pay a much
larger portion of the taxes of said tax district based on said assessment roll than is its fair and
equal share or proportion thereof.
15. Thirty days have not elapsed since the final completion and filing of the assessment
roll.
WHEREFORE, Petitioners respectfully prays:
1. That said assessment roll be reviewed and corrected and that said assessment of
Petitioners' real property be stricken from the roll, or be reduced to a proper amount and
properly equalized with the assessments of other real property on the same roll;
2. That this court take evidence or cause same to be taken to enable Petitioners to show
the illegality, overvaluation, inequality, and error of said assessment of said real property of
Petitioners;
3. That this court grant such other and further relief as may be just as the nature of the
case requires, together with the costs and disbursements of this proceeding.
JACOBOctFz AND GUBIT , LLP
.:1
H. Thomas, Jr., s
A meys for Petitioners
158 Orange Avenue, P.O. Box 367
Walden, New York 12586-0367
Tel. No. (845) 778-2121
By:
T: \DOCS\ 777\918003\17T0405. WPD
ATTORNEY'S VERIFICATION
STATE OF NEW YORK)
COUNTY OF ORANGE)
: SS.:
I, the undersigned, am an attorney admitted to practice in the Courts of New York State,
and say that:
I am a partner in the law firm of Jacobowitz and Gubits, LLP, the attorneys of record for
petitioner. I have read the annexed Notice of Application to Review Tax Assessment and
Petition, know the contents thereof and the same are true to my knowledge, except those matters
therein which are stated to be alleged on information and belief, and as to those matters I believe
them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon
the following:
Books and records of petitioner.
The reason I make this affirmation instead of petitioner is I have written authorization
from petitioner to do so pursuant to the Real Property Tax Law. .
I affirm that the foregoing statements are true under penalties of perjury.
DATED:
Walden, New York
July 28, 2008.
T: \DOCS\8006\O 19\17T0436. WPD
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NYS BOARD OF REAL PROPERTY SEK v l\...)!,;)
MA'Y -0 -9-20U8
COMPLAINT ON REAL PROPERTY ASSESSMENT FOR 20 08
BEFORE THE BOARD OF ASSESSMENT REVIEW FOR Town of Wappinqer
(city, town village or county)
PART ONE: GENERAL INFORMATION
(General information and instructions/or completing this form are contained in/omJ RP-524-Ins)
1. Name and telephone no. of owner(s)
Chelsea Farms LLC
2. Mailing Address of owner(s)
29C HUdson View Drive
Beacon, New York
12508
Dav no. ( )
Evening no. (
3. Name, address and telephone no. of representative of owner, if representative is filing application.
(if applicable, complete Part Four on page 4.)
4. Property location
River~Road~Notth
Street Address
Village (if any)
Wappinqer
~own
Dutchess
County
Beacon City S~hnnl~
School District
5. Property identification (see tax bill or assessment roll)
Tax map number or sectionlblockllot 6056 - 0 1 -1 90688
Type of property:
Residence
Farm
Vacant land X
Commercial
Industrial
Other
Description: 83.83 acres rural vacant land
Assessed value appearing on the assessment roll:
6. Land $
Total $ 1 , 324,500
7. Property owner's estimate of current full market value of property (see Part Two on page 2) $ 529, 800
2
RP-524 (10/02)
PART TWO: INFORMATION NECESSARY TO DETERMINE VALUE OF PROPERTY
(If additional explanation or documentation is necessary, please attach)
Information to support the value of property claimed in Part One, item 7 (complete one or more):
1. _ Purchase price of property: ............................................................................................ $
a. Date of purchase:
b. Terms:
Cash
Contract
Other (explain)
c. Relationship between seller and purchaser (parent -child, in-laws, siblings, etc.):
d. Personal property, if any, included in purchase price (furniture, livestock, etc.; attach list and sales
tax receipt):
2. _ Property has been recently offered for sale (attach copy of listing agreement, if any):
When and for how long:
How offered:
Asking price: $
3. _ Property has been recently appraised (attach copy): When: _ By Whom:
Purpose of appraisal:
Appraised. value: $
4. _ Description of any buildings or improvements located on the property, including year of
construction and present condition:
5. Buildings have been recently remodeled, constructed or additional improvements made:
Cost $
Date Started:
Date Completed:
Complainant should submit construction cost details where available.
6. _ Property is income producing (e.g., leased or rented), commercial or industrial property and the
complainant is prepared to present detailed information about the property including rental income,
operating expenses, sales volume and income statements.
7. _ Additional supporting documentation (check if attached).
RP-524 (10/02)
3
PART THREE: GROUNDS FOR COMPLAINT
A. UNEQUAL ASSESSMENT (Complete items 1-4)
1. The assessment is unequal for the following reason: (check a or b)
a.~ The assessed value is at a higher percentage of value than the assessed value of other real property on the
assessment roll.
b._ The assessed value of real property improved by a one, two or three family residence is at a higher
percentage of full (market) value than the assessed value of other residential property on the assessment
roll or at a higher percentage of full (market) value than the assessed value of all real property on the
assessment roll.
2. The complainant believes this property should be assessed at 1 00 % of full value based on one or more of
the following (check one or more):
a.-x- The latest State equalization rate for the city, town or village in which the property is located is ~%.
b._ The latest residential assessment ratio established for tile city, town or village in which the residential
property is located. Enter latest residential assessment ratio only if property is improved by a one, two or three
family residence %.
c'_ Statement of the assessor or other local official that property has been assessed at %.
d._ Other (explain on attached sheet).
3. Value of property from Part one #7........................................................................................... $ 1 , 324,500
4. Complainant believes the assessment should be reduced to ........................................................ $
B. EXCESSIVE ASSESSMENT (Check one or more)
The assessment is excessive for the following reason(s):
1. L The assessed value exceeds the full value of the property.
a.Assessed value of property ................................................................................................... $ 1 , 324, 500
b. Complainant believes that assessment should be reduced to full value of (part one #7) .............. $ 529 . 800
c.Attach list of parcels upon which complainant relies for objection, if applicable.
2. _ The taxable assessed value is excessive because of the denial of all or portion of a partial exemption.
a. Specify exemption (e.g., senior citizens, . veterans, school tax relief [STAR])
b. Amount of exemption claimed ............. .......... .......... ................ ...................... ............. .......... $
c.AmOl.int granted, if any:....................... ............................................ .:................ .............. ...... $
ellf application for exemption Was filed, attach copy of application to this complaint.
3. _ Improper calculation of transition assessment. (Applicable only in approved assessing unit which has
adopted transition assessments.)
a. Transition assessment....... .... ................ '.' .................. ...... .... ............. .... ................................. $
b. Transition assessment claimed .. ................. ..................... .......... ......................................... ..... $
C. UNLAWFUL ASSESSMENT (Check one or more)
The assessment is unlawful for the following reason(s):
1. _ Property is wholly exempt. (Specify exemption (e.g., nonprofit organization))
2. _ Property is entirely outside the boundaries of the city, town, village, school distri::t or special district in
which it is designated as being located.
3. _ Property has been assessed and entered on the assessment roll by a person or body without the authority to
make the entry. .
4. _ Property cannot be identified from description or tax map number on the assessment roll.
5. _ Property is special franchise property, the assessment of which exceeds the fmal assessment thereof as
detennined by the State Board of Real Property Services. (Attach copy of State Board certificate.)
D. MISCLASSIFICA nON (Check one)
The property is misclassified for the following reason (relevant only in approved assessing unit which establish
homestead and non-homestead tax rates):
_ Class designation on the assessment roll: ...................
1._ Complainant believes class designation should be ....
2. _ The assessed value is improperly allocated between homestead and non-homestead real property.
Allocation of assessed value on assessment roll Claimed allocation
Homestead ........... $
Non -Homestead... $
..... . ....
,
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4
RP~524 (10/02)
PART FOUR: DESIGNATION OF REPRESENTATIVE TO MAKE COMPLAINT
I, . , as complainant (or officer thereot) hereby
designate to act as my representative in any and aU
proceedings before the board of assessment review of the city/townlvillage/co"unty of for
purpos.es of reviewing the assessment of my real property as it appears on the _(year) tentative assessment roll
of such assessing unit. . .
Signature of owner (or officer thereof)
Date
PART FIVE: CERTIFICATION
I certify that all statements made on this .application are true and correct to be best of my knowledge and belief, and I
understand that the making of any willful fase statement of material fact herem will subject me to the provisions of
the Penal Law relevant to the making and filing of false instruments.
Date
PART SIX: STIPULATION.
The.complainant (or complainant's representative).and assessor (or assessor d~signated by a majority Ofth~ board of
assessors) whose signatures appear below stipulate that the following assessed value is to be applied to the' above .
described property on the _(year) aSsessment roll: Land $ .' Total $
(Check b~x if stipulation approves ex~mption indicated in Part Threel'seetiol). B.2. or 9.1.)
Complainant or representative
Assessor
Date
SPACE BELOW FOR USE OF BOARD OF ASSESSl\1ENTREVIEW
.' . Dis,QQ.Sition.' .
o Unequal assessm~nt UExcessive assessment
o Unlawful assessment DMisclassification
o Ratifica.tio'n of stipulated assessmentONo change in assessment
Reason:
Vote on Complaint
o All concur
D All concUr except:
o against
Name
. 0 against .
o abstain
o abstain
o absent
o absent
Name
$
$
$
$
Decision by
Claimed assessment Board of ASsessment Revi~ .
.$
$
$
$
Tentative assessment
Total assessment $
Transition assessment (if any).. $
. Exempt amount........................ $
Taxable assessment.................. $
Class designation and allocation of assessed value (if any):
Homestead ............................. $ $
N . . $ $
on-homestead .......................
Date notification mailed to complainant
$
$
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NYS BOARD OF REAL PROPERTY SERVICES ASSE~;JU'~tf.:~{9l)
MAY '.
COMPLAINT ON REAL PROPERTY ASSESSMENT FOR 20 08 0 9 2008
BEFORE THE BOARD OF ASSESSMENT REVIEW FOR Town of Wappinqer
(city, town village or county)
PART ONE: GENERAL INFORMATION
(General information and instructions for completing this form are contained in form RP -524 -Ins)
1. Name and telephone no. of owner(s)
Chelsea Farms LLC
2. Mailing Address of owner(s)
29C Hudson View Drive
Beacon, New York
12508
Day no. (
Evening no. (
3. Name, address and telephone no. of representative of owner, if representative is filing application.
(if applicable, complete Part Four on page 4.)
4. Property location
59 Chelsea Road,
Street Address
Wappinger
€~own
Village (if any)
Dutchess
County
Beacon City Schools
School District
5. Property identification (see tax bill or assessment roll)
Tax map number or section/block/lot 6056 - 0 1~ 13 8 527
Type of property:
Residence
Farm
Vacant land
Commercial
Industrial
Other
Description: 102 acres rural residence
Assessed value appearing on the assessment roll:
6. Land $
Total $1,382,000
7. Property owner's estimate of current full market value of property (see Part Two on page 2) $ 552,800
1.
RP-524 (10/02)
PART TWO: INFORMATION NECESSARY TO DETERMINE VALUE OF PROPERTY
(If additional explanation or documentation is necessary, please attach)
Information to support the value of property claimed in Part One, item 7 (complete one or more):
1. _ Purchase price of property: ............................................................................................ $
a. Date of purchase:
b. Terms:
c. Relationship between seller and purchaser (parent-child, in-laws, siblings, etc.):
d. Personal property, if any, included in purchase price (furniture, livestock, etc.; attach list and sales
tax receipt):
Cash
Contract
Other (explain)
2. _ Property has been recently offered for sale (attach copy oflisting agreement, if any):
When and for how long:
How offered:
Asking price: $
3. _ Property has been recently appraised (attach copy): When: _ By Whom:
Purpose of appraisal:
Appraised value: $
4. _ Description of any buildings or improvements located on the property, including year of
constniction and present condition:
~
5. _ Buildirigs have been recently remodeled, constructed or additional improvements made:
Cost $
Date Started:
Date Completed:
Complainant should submit construction cost details where available.
6. _ Property is income producing (e.g., leased or rented), commercial or industrial property and the
complainant is prepared to present detailed information about the property including rental income,
operating expenses, sales volume and income statements.
7. _ Additional supporting documentation (check if attached).
;)
RP-524 (10/02)
PART THREE: GROUNDS FOR COMPLAINT
A. UNEQUAL ASSESSMENT (Complete items 1-4)
1. The assessment is unequal for the following reason: (check a or b)
~ ~ The assessed value is at a higher perceutage of value thau the assessed value of other real property ou the
assessment roll.
b._ The assessed value of real property improved by a QUe, two or three filInily residence is at a higher
percentage of full (market) value thau the assessed value of other residential property on the assessment
roll or at a higher percentage of full (market) value than the assessed value of all real property on the
assessment roll.
2. The complaiuaut believes this property should be assessed at 1 0 0 % of full value based ou one or more of
the following (check one or more):
a.J.. The latest Stare equalization rate for the city, town or village in which the property is located is ~%.
b._ The latest residential assessment ratio established for the city, town or village in which the residential
property is located. Enter latest residential assessment ratio only if property is improved by a QUe, two or three
family residence %.
c._ Statement of the assessor or other local official that property has been assessed at %.
d._ Other (explain on attached sheet).
3. Value of property from Part QUe #1....................... .................................................................... $ 1 · 382 , 000
4. Complainant believes the assessment should be reduced to ............ ........... ........... ...................... $ 552 , 800
B. EXCESSIVE ASSESSMENT (Check one or more)
The assessment is excessive for the following reason(s):
1. -X- The assessed value exceeds the full value of the property.
a.Assessed value of property ................. ................................... ... .................. ....... ................... $ -1 , 1 R 2 , on 0
b. Complaiuaut believes that assessment should be reduced to full value of (part one #1) .............. $ 552 SO 0
c.Attach list of parcels upOn which complainant relies for objection, if applicable. '
2. _ The taxable assessed value is excossive because nf the denial of all or portinn of a partial exemption.
a. Specify exemption (e.g., senior citizens, veterans, school tax relief [STAR))
b. Amount of exemption claimed ............. ............. ............ .................. .......... .............. ...... .... ..... $
c. Amount granted, if any:....,:.... .....,........... ...... ................. ............. .'. .......... ........ ...... ................ $
d.If application for exemption was filed, attach copy of application to this complaint
3. _ Improper calcu1ation of tranSition assessment. (Applicable only in approved assessing unit which has
adopted transition assessments.)
a. Transition assessment ........... ........... .... ......... ............ ..... ...... ......... .......... .......... .......... .......... $
b. Transition assessment claimed ...... .... ....... ....................... ..... ..... .... ..:... .................... .... ...... .... $
C. UNLAWFUL ASSESSMENT (Check one or more)
The assessment is unlawful for the following reason(s):
1. _ Property is wholly exempt. (Specify exemption (e.g., nonprofit organization))
2. _ Property is entirely outside the boundaries of the city, town, village, school distrCt or special district in
which it is designated as being located.
3. _ Property has been assessed and entered on the assessment roll by a person or body without the authority to
make the entry.
4. _ Property cannot be identified fiom description or tax map number QU the assessment rolL
5. _ Property is special franchise property, the assessment of which exceeds the fina\ assessment thereof as
determined by the State Board of Real Property Services. (Attach copy of State Board certificate.)
D. MISCLASSlFICATION (Check one)
The property is misclassified for the following reason (relevant only in approved assessing unit which establish
homestead and non-homestead tax rates):
_ Class designation on the assessment roll: ...................
1._ Complainant believes class designation should be ....
2. _ The assessed value is improperly allocated between homestead and non-homestead real property.
Allocation of assessed value on assessment roll Claimed allocation
Homestead ........... $
Non -Homestead... $
.. ~. "-. .
.... ...... ..,:'.. ":
$" - l
#, -,.J
RP~S24 (10102)
4
PART FOUR: DESIGNATION OF REPRESENTATIVE TO MAKE COMPLAINT
I, . . as complainant (or officer thereof) hereby
designate to act as my representative in any and aU
proceedings before the board of assessment review of the city/town/vilIageicounty of for
purpos.es of reviewing the assessment of my real property as it appears on the _(year) tentative assessment roll
of such assessing unit. '.
Date
Signature of owner (or officer thereof)
PART FIVE: CERTIFICATION
I certifY that all statements made on this .application are true and correct to be best of my knowledge and belief, and r
understand that the making of any willful false statement of material fact herem will subject me to the provisions of
the Penal Law relevant to the making and filing of false .instruments.
Date
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Signature of owner (or representatiye)
PART SIX: STIPULATION.
The.complainant (or complainant's representative).and assessor (or assessor d.esignated by a majority Of the board of
~sessors) whose signatures appear below stipulate that the following assessed value is to be applied to the' above .
. described property on the _(year) aSsessment roll: Land $' ToW $
(Check bC?x if stipulation approves ex~mption indicated in Part Three/'seCtion B.t. or 9.1)
Complainant.or representative
Assessor
Date..
SPACE BELOW FOR USE OF BOAR]) OF ASSESSMENT REVIEW
. Dis,QQ.Sition :., .
o UneqwiI assessm~nt : UExcesslve assessment
o Unlawful assessment DMisclassification
o Ratification of stipulated assessment DNo change in assesSment
Reason:
o All concur
o All concUr except:
Vote on Complaint
Name
o against
. D against .
o abstain
o abstain
o absent
o absent
Name
Tentative assessment
Total assessment $
Transition assessment (if any) .. $
. Exempt amount........................ $
Taxable assessment.................. $
Decision by
Claimed assessment Board of ASsessment Review
$ .$
$ $
$ $
$ $
Class designation and allocation of assessed value (if any):
Homestead ............................. $ $
Non-homestead ....................... $ $
Date notification mailed to complainant
$
$
AUTHORIZATION
THE UNDERSIGNED, being the owner(s) of certain real property located in the
Town of Wappinger, County of Dutchess and being more specifically identified as
Section &O~& . Block Of . Lot /3 ~521.
,
Section &Os-& . Block 0/ . Lot / q IJ/,.1?%;
Section . Block . Lot
Section . Block . Lot
Section . Block . Lot
Section , Block . Lot .
,
on the assessment roll thereof for the year 2008 - 2009, hereby authorizes
JACOBOWITZ AND GUBITS, LLP to act as agent for the undersigned with respect to:
1. Verifying and filing a Petition pursuant to Section 706 et al of the Real Property Tax
Law for the review and reduction of said tax assessment.
Dated: July ~3. 2008
CHELSEA FARMS LLC
BY: 72~c =>
T: \DOCS\ 777\918003\ 17S4702. WPD