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