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2010-0652010-65 Resolution Authorizing Settlement of Tax Certiorari - Nature Preserve, LLC (Old Hopewell Road) 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 Czarniecki Joseph P. Paoloni The following Resolution was introduced by Councilman Beale and seconded by Councilman Bettina. WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2009, by Nature Preserve, LLC (Old Hopewell Road), regarding premises located at 109 and 111 Old Hopewell Road, Grid #s 6157-01-254619-0000 and 6157- 01-263617-0000, 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 of 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.: 6157-01-254617-0000 Original Reduction in Final Tax Year Assessment Assessment Assessment 2009/2010 420,400 320,400 100,000 and 6157-01-263617-0000 Original Reduction in Final Tax Year Assessment Assessment Assessment 2009/2010 351,300 251,300 100,000 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. 4J—A—M�AST�ERSO�NJO�WN LERK Gellert & Klein,P.C. Leonard Klein Attorneys at Law Counsel 75 Washington Street • Poughkeepsie, NY 12601 (845) 454-3250 (845) 454-4652 fax Westchester County Office Columbia County Office 3010 Westchester Avenue Suite 302 2210 Route 7 Purchase, NY 10577 Copake, NY 12516 (914) 249-0100 (518) 329-1533 tel/fax (914) 249-0111 fax www.gklaw.us January 18, 2010 Re: Nature Preserve, LLC- Old Hopewell Road File No.: 27036.8429 Arthur L. Gellert Stephen E. Ehlers S. Nina Gellert C John A. Geoghegan Raine E. Meissel Justice George D. Marlow Lillian S. Weigert Appellate Division (Ret.) Scot[ L. Volkman Senator Stephen M. Saland David R. Wise" Robert C. Vincent, Jr. Roderick J. MacLeod Bevin S. Harrington Kelly L. Traver' Joseph H. Gellert Daniel H. Stock (1907-1989) Pamela B. Richardson • Laura E.Vincenzi "Also Admitted in CT •Also Admitted in NJ °Also Admitted in England Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, Dear Supervisor Colsey and Town Board Members: The subject property involves a townhouse community, which is unbuilt at this time, it has approval for approximately 51 townhouse units and an existing house that is being split into two single family houses. This settlement involves the two single family houses. Despite being under construction, the current assessed value for one unit is $420,400.00 and the second is $351,300.00. The Assessor has negotiated a settlement, which reduces the assessment on each of the improvements to $100,000.00. 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 refund which is administered by Dutchess County is payable without interest if paid within 60 days of receipt of the final Order. It is my recommendation along with the Assessor, that the Board favorably consider this settlement. If you have any questions in the meantime, please do not hesitate to contact myself or the Assessor. SLV/br Enc. Cc: Christopher Masterson, Town Clerk Christian Harkins, Assessor •: • • 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 (Old Hopewell Road) regarding premises located at 109 and 111 Old Hopewell Road, Grid #s 6157-01-254619-0000 and 6157- 01-263617-0000, 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 of 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.: 6157-01-254617-0000 Original Reduction in Final _TaxYear __Assessment Asse_ s= Assessment __--- 2009/2010 420,400 320,400 100,000 and 6157-01-263617-0000 Original Reduction in Final Tax Year Assessment –Assessment ___ Asse— s= 2009/2010 351,300 251,300 100,000 :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. January 25, 2010