1985-06-18
-lI
AltE-WED
JUL 2, 1985
ELAINE H. StlOWllEtl
:7;~~~
..
BOARD OF ASSESSMENT REVIEW
TOWN OF WAPPINGER, DUTCHESS COUNTY, N.Y.
June 18, 1985
Meeting Called to Order: 1:00 PM
Present:
N.T. Slocum, Chairman
R. Belding
J. Ludewig
S. Dlosh
D. Close
T. Logan , Assessor
Discussion between the board and the assessor regarding the correction
of error proceedure. Board advised they review the request and make
the recommendation to the assessor.
James A. Klein - 6157-02-566514
~ssessed at $22,000 land, 29,700 full value to be corrected to $12,000
land, 20,000 full value. Property is part of a split parcel. No action.
Jeff Hunt Developers - 6257-01-006645
015650
039656
023617
044640
034630
019629
025655
~7acant land, all lots currently assessed at 1500 each. This is a sec-
tion of Pond View where there appears to be a drainage problem in the
future, thereby delaying development. Value of each lot to be reduced
to 500. No action.
John Healy, -6158-17-232206
~ssessed at 1000 land, 8000 ful value. Property is a three
house, had a fire in April and no repairs have been made.
to be reduced to 1000 land, 6500 full value. No action.
family
Assessment
Dutchess County- Mid Hudson Aircraft - 6269-03-225301-1tl
Parcel of land is old recreation site at the County airport. Current
assessment is 2500 land, to be reduced to 500. Rental income is 130.00
monthly. No action.
Bertha Sofair - 6157-04-563441
S.Dlosh administered the oath. Reply positive.
Ms. Sofair stated property was purchased in 1974 for 122,000; house on
Bd. of Assessment Review page 2
. the" property and last rental was 575.00 monthly; no tenant at present,
intends to request rental of 625.00 monthly. Mr. Slocum advised board
current assessment is 43,000 full value and grievance form request a
reduction by reason of inequality, being assessed at a higher percent-
age of full market value than other properties.
Ms Sofair advised she was unaware qf the full value of properties- in this
area: she is in Scarsdale and now realizes she overpaid for the parcel.
Property has been for sale but is now off the market. Family situations
are such she would like to retain the property for 2-3 years longer.
She feels she is overburdened with the new assessment and since her
grievance form did not state the amount to be reduced to, she said she
would like to see it reduced to last years assessment, being 30,000.
and she entered the requested figure on the form. She was sdvised she
would be notified of board decision and dismissed.
6/ Mr. costello - Agent for R.E. ~1anagement, property des. as Sec. 19,
Map 6157, Lot 16. (Hidden Hollow Apartments)
S.D1osh administered oath. Reply positive.
Mr. Slocum advised the board current assessments on the roll as being
one bedroom apartment, 500 land, 3500 full value and two bedroom
600 land, 4000 full value. Grievance filed under inequality with other
parcels but no comparab1es were given. Mr. Costello explained there
had not be sufficient time for them to gather the information. Form
also stated illegal in that inadequate notice of assessment was exercised.
Mr. Logan advised the assessment had not been changed this year.
Mr. Slocum taking data from complain form stated property was purchased
1984 under contract, includes appliances. No purchase price given.
Property is income producing and financial data will be supplied. No
data other than a list of the individual units was supplied. Discussion
between Mr. Logan and the board revealed the description of property as
given refers to a whole map and includes all buildings.
Ms. Sara Hogans joined Mr. costello as a representative for the grievors.
S.D1osk administered the oath, reply positive.
Ms. Hogans advised the grievance was for all the buildings. Mr. Lude-
wig asked the number of buildings? Reply "18" Mr. Slocum asked if they
are all the same. ~1s. Hogans replied there are 17 buildings with 8
one bedroom apartments and 8 two bedroom apartments in each building
and one building with 12 two bedroom apartments, a total of 280 units.
Hr. Slocum advised it is the grievors responsibility to prove the ass-
essor has made an error and the board would require additional infor-
mation to act such as financial statements, full market value, income
data etc. Ms. Hogans advised these units are codominiums and individ
ua11y owned. She and Costello were acting as agents for all of the
owners. Mr. Slocum advised the form is too unclear, request states
full market value of land at 300 and assessed value of 2500 but no basis
for figures given. Ms. Hogan stated she knew the figures were incorrect.
Regarding inadequate notice of assessment, assessment had been increased
last year. It was revealed the grievors had purchased in the interim
period of the 1984 assessment increase, thus the reason for filing a
year later. Agents were advised there was information on comparable
properties in the assessors office which were open for review and after
submission of pertinent data and a more clear form. the board would
be able to review the grievance.Ms. Hogan asked when property is con-
verted to codos, who places the value. Mr. Slocum advised that is the
function of the assessor, andMr. Logan would be able to give the basis
for the assessments on the roll. Agents left to gather data and were
to re'Eurn.
Bd. ~f Assessment Review page 3
7/ Huang, Suo-Lun & Lil~. - 6258-04-746317
S.Dlosh administered the oath, reply positive.
Grievance form diclosed asaessment is 18,500 and is over evaluated, the
full market value is 168,500 and request assessment be reduced to 17,000.
Mrs. Huang stated the house was new construction, started in 1983, com-
pleted October 1984 and moved in at that time. It is complete and of
frame structure. Complete cost of construction was 168,500 and there
is a mortgage with a balance of l23~500. Square footage of the house
is 2800 to 3000 sq. ft. Ms. Huang stated there are no identical homes in
the area; they are all new construction and gave a list of comparables
stating the paci residence would be the nearest to her home; other
cornparables were larger. Advised she would be notified of the boards
decision and dismissed.
Motion made by N. Slocum for executive session
Seconded by J. Ludewig
Vete: Unanimous Carried
(Refer to #1)
James A Klein -6157-02-566514
Motion made by Donald Close to rectify the error as shown on the roll
of 22,000 land and 29,700 full value be reduced to 12,000 land and
20,000 full value.
Seconded by J. Ludewig
Vote: unanimous - Carried
(Refer to #2)
Jeff Hunt Developers
6257-0l-~~~~~~
023617
044640
034630
019629
025655
Motion made by Stella Dlosh to correct the tentative assessment roll
currently showing land and full value of 1500 each lot be reduced to
500 land and full value each lot.
Seconded by D. Close
Vote: Unanimous- Carried
( Refer to #3)
John Healy - 6158-17-232206
Motion made by J. Ludewig to correct assessment as requested by the
Assessor to reduce assessment from 1000 land, 8000 full value to 1000
land, 6500 full value
Seconded by N. Slocum
Vote: Unanimous - Carried
(Refer to #4)
Dutchess County, Mid Hudson Aircraft - 6259-03-225301-18
Motion made by Stella Dlosh to correct assessment as recommended by
the Assessor reducing tentaive assessment of 2500 land value to 500
Seconded by N. Slocum
Vote: Unanimous- Carried.
,~
Bd.'Of Assessment Review page 4
(Refer to #7)
ijg~~2 looked at comparab1es, paci and Neave in particular. Question as
€o figures on comparab1es in rgeard to square footage. Action delayed
awaiting information from Mr. Logan.
(Refer to #5)
Bertha Sofair
6157-04-563441
Motion made by D. Close as property is commercial and though negative
income producing, in view of property values in this part of the Town
the request for the reduction be denied.
Seconded by: J. Ludewig
Vote: Unanimous - Carried
Motion made by N.S1ocum to close exec. session.
Seconded by R. Be1ding
Vote: Unanimous- Carried
Motion made by S. D10sh to open general session.
Seconded by : J. Ludewig
Vote: Unanimous- Carried
Board addressed write in grievances.
8/ Z & M, 47 lots in all, separate list of lots attached and made a part
of the minutes of this meeting. Currently all lots are assessed at
2500. Mr. Logan explained the applicant request the lots where the
road is now in be increased in assessment to 35PrQ~and the lots where
there is no road be reduced to 1800. Mr. Logan~e request was valid
in that no building permits can be issued for the lots where there is
no road. Set aside for further review.
9/
Taft, Charles J. & Linda 6056-09-044639
Currently assessed at 7000, grieving under inequality and over evalua-
tion. No data given. Purchase price was 63,500 including real estate
commission, purchase May 1984. Stated increase of tax dollars in
compar~on to neighbors. Set aside for later discussion.
10/ Roe, Margaret and Bernard 6158-02-776894
Grievance filed under inequality, currently assessed at 1800 land, 9000
full value. Mo:data given. Only information listed was four compar-
ab1es showing a difference range of 300 to 500. Set aside for action.
11/ Thomas, David G & Cheryl P. 6158-02-768844
Currently assessed at 1800 land, 9300 full value. Five comparables
given but no basis for grievance or requested assessment figure given.
Set aside for action.
12/ Karr, William & Jo Marie 6158-18-340120
Currently assessed at 3000 land, 20,000 full value, grieving under
unequal assessment, Cited value and purchase price of 112,000, March
Bd. of Assessment Review
page 5
1984. Assessment is excessive and unlawful. Property mortgage balance
of 95,000 at 11%. Mr. Logan advised this parcel is in litigation.
Set aside for later action.
13/ Segal. Zvi & Ilana 6257-01-460997
Grieving under unequal assessment, currently assessed at 2500 land,
13,000 full value. Comparables give as Brancato at 11,000 and Frank
at 12,000. This property to be compared to Woodside residence. Feels
full market value is 125,000 but no figure given for requested assess-
ment. Set aside for action.
Motion made by J. Ludewig to close the general session and go to
executive session.
Seconded by: S. Dlosh
Vote: Unanimous Carried
(Refer to #8)
Z & M 47 lots, list attached and made a part of this meeting.
Motion made by J. Ludewig to grant the reduction to 1800 per lot,land
as listed for the unbuildable lots and increase the 15 buildable lots
to 3500 per lot.,land value.
Seconded by: R Belding
Vote: 4 Ayes, D. Close, Nay Carried.
(Refer to #9)
Taft, Charles J. & Linda 6056-09-044639
Motion made by N. Slocum to deny request on basis of incomplete sub-
mission of data. Based on purchase price, current assessment is in line.
Seconded by: J. Ludewig.
Vote: Unanimous Carried.
(Refer to #10)
Roe, Margaret & Bernard 6158-02-776894
Motion made by S. Dlosh to deny request due to incomplete submission
of data.
Seconded by: N. Slocum
Vote: Unanimous Carried
(Refer to # 11)
Thomas, David G. & Cheryl P. 6158-02-768844
Motion made by R. Belding to deny request based on submission of incom-
plete data.
Seconded by: S. Dlosh
Vo~e: Unanimous Carried
(Refer to #12)
Karr, William & Jo Marie 6158-18-340120
Motion made by N. Slocum to pass on the request as the board has been
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Bd.- of Assessment Review
page 6
advised this property is in litigation and therefor outside the relm
of board jurisdiction.
Seconded by: S. Dlosh
Vote: Unanimous Carried
Motion made by N. Slocum to close executive and go to general session.
Seconded by: S Dlosh
Vote: Unanimous Carried
~/f Louis J. Vigilotti, representative for DWS and WVC 5 parcels
A/ WVC 6258-03-195370 51.2 acres
B/ WVC 6158-04-950325 30.8 "
C/ DWS 6158-04-735365 76.6 "
D/ DWS 6158-04-860340 44 "
E/ DWS 6258-03-120480 129.4 "
S. Dlosh administered the oath. Reply positive.
Grievance filed on basis of inequality and also illegal in the case
of WVC as insufficient notice of increased assessment was received,
not allowing time to gather sufficient data on current assessments.
Mr. Logan explained the five parcels have been combined into one large
subdivision and final approval has been granted. REpresentative ex-
plained property cannot be developed as water and sewer services are
not yet available. There appears to be a problem with Atlas Water,
who are to supply the water and Board of Health approval for sewer
hook-ups to Town sewer. It was his understanding that the assessments
have tripled over last year. While these parcels now comprise some
550 lots, they are unable to proceed with development without water
and sewer and should not be assessed as buildable lots, but more in
line with bulk acreage. Mr. Logan advised he is unaware of the prob-
lems regarding water and sewer hook-ups; if such was truly the case,
they (WVC,DWS) would be entitled to relief, in his opinion. He also
advised the board he had requested financial and pertinent information
regarding the parcels and was informed it would be forthcoming but had
never received anything. The request was for reduction to 5000 on each
of the parcels. Purchase prices given were; lot 195370,260,000
purchased August, 1975; 90,000 for lot 950325 purchased August 1974; lot
#735365 was purchased for 246,000 in December 1972; lot 860340 pur~"
chased for 133,400 March, 1974 and lot 120480 purchased December 1972
for417,500. Requested reductions were:
Lot 195370 10% of full market value - 5000
" 950325 5000 less equalization rate
735365 5000 less equalization rate
860340 5000 less equalization rate
120480 5000,10% of full value
vacant land, no w/s
"
"
"
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, no w/s
no w/s
no w/s
"
"
"
"
Mr. Slocum requested documentation of the problems of obtaining water
from Atlas and sewer refusal hook-up from the Board of Health, which
would substantiate the claim. of the property as undedevopable at this
time. If possible the board would like the information by Friday, June
21 and if more time was needed to so notify the board. No further
discussion.
R. Belding made motion to adjourn.until 7:6e PM
Seconded by J. Ludewig
Vote: Unanimous Carried
Time: 4:20 PM
Bd. ,of Assessment Review
page 7
June 18, 1985
Meeting reconvened: Time 7:00 PM
Present: N.T. Slocum, Chairman
R. Belding
J. Ludewig
S. Dlosh
D. Close
T. Logan, Assessor
M:Jtion to reconvene by N. Slocum, Seconded, D. Close, Vote: Una.nirrous
Motion made by D. Close to go to executive session.
Seconded by: N. Slocum
Vote: Unanimous Carried
(Refer to # 13)
Segal, Zvi & Ilana 6257-01-460997
Motion made by Donald Close that assessment be reduced to a full value
of 12,500
Seconded by: J. Ludewig
Vote: Unanimous Carried
15/Channel Home Centers Inc. 6157-02-653974
Current assessment is 790,000 for the entire
to 237,000 using equalization rate of 19.03%
1,245,401. Mr. Logan advised the board this
(Part of Waldbaum Plaza)
parcel, request reduction
on full market value of
property is in litigation.
Motion made by N. Slocum that no action be taken as property is in liti-
gation and outside the relm of board jurisdiction.
Seconded by: J. Ludewig
Vote: Unanimous Carried
Motion by N. Slocum to close executive session and go to general session.
Seconded by: R. Belding
Vote: Unanimous Carried
16/ Bailey, Virginia 6258-01-437853
S. Dlosh administered the oath, Reply positive.
Grieving on basis of inequality. Current assessment is 8700; feel full
market value is 80,000 and assessment should be at 10%. Mr. Bailey ex-
plained the house and amount of land is the same as a house tried to
purchase on Diddell Road at a prive of 79,500. The builder was unable to
build on the Diddell lot and so the same house was built on this loca-
tion (Widmer Rd.)
Mr. Slocum advised they would be notified of the board decision. Request
is for reduction to 8000.
17/ Doug Schneer, representative for Pizzagalli Development 6258-03-278358
S. Dlosh administered oath,. Reply positive.
Property currently assessed at 3,100,000, request a reduction to 1,560,000.
Mr. Schneer explained the request for reduction arises from the business
investment exemption being no longer in effect. Discussion between the
board and Mr. Schnner revealed Pizzagalli had filed for the business
Bd. of Assessment Review
page8
exemption in the spring of 1984 and shortly after 5/1 the Town Board
passed a resolution eliminating the business exemption. Building at
that point (May 1st) was more than 50% complete and Pizzagalli felt
the business exemption should apply to the costs of the complete struc-
ture. _ Mr. Schneer admitted no request for a business ex-
emption was filed for 1985 and would accept tnp current assessment, if
the business exemption is granted..
_ _ ~pis is income Property and when Mr.
Schneer was asked of financial data, he advised he was not at liberty
to disclose such information. Mr. Slocum felt there may be legal facts
tobe considered and the Town Attorney should be consulted before any
action could be taken. The board agreed. Mr. Schneer advised Van
DeWater & Van DeWater were the attorneys for Pizzagalli and would be
available for information needed by the board.
Motion made by N. Slocum to close general session and go to executive.
Seconded by: J. Ludewig
Vote: Unanimous Carried
(Refer to #16)
Bailey, Virginia 6258-01-437853
Motion made by D. Close to deny request on basis of current values
and the purchase price
Seconded by: S Dlosh
Vote: Unanimous Carried
18/ Scenic Gardens Associates 6158-02-582513
Current assessment 725,000, request reduction to 400,000. No financial
data given. Mr. Logan advised this property is in litigation.
N.Slocum made motion to take no action as the property is in litigation
and this board has no jurisdiction to act.
Seconded by: J. Ludewig
Vote: Unanimous Carried
19/
Chemical Bank -(Jack Davis) 6158-02-609919
Mr. Logan advised this porperty is in litigation.
Motion made by N. Slocum for the board to take no action as it has been
advised of pending litigation.
Seconded by: R. Belding
Vote: Unanimous Carried
20/Benderson Development Corp. 6158-10-500527
Mr. Logan advised peoperty is in litigation.
Motion made by N. Slocum to abstain from any decision making as the
property is in litigation.
Seconded by: R. Belding
Vote: Unanimous Carried
21/ Brach Construction Corp., 6158-19-619142
Mr. Logan advised property was in litigation.
Motion made by N. Slocum to abstain from any decision
is in litigation.
making as property
Bd. of Assessment Review page 9
Seconded by: R. Belding
Vote: Unanimous Carried
22/Imperial Gardens 6158-19-689109
6158-19722118
6158-20-751120
Board advised of pending litigation.
Motion made by N. Slocum to abstain from any decision making as property
is in litigation.
Seconded by: R. Belding
Vote: Unanimous Carried
23/Imperial Plaza Partnership 6158-19-601220
Board advised of litigation.
Motion made by N. Slocum to abstain from any decision making as this
property is in litigation.
Seconded by: R. Belding
Vote: Unanimous Carried
25/
Gatewhite Associates 6157-04-870448
Mr. Logan advised property is in litigation.
Motion made by N. Slocum to abstain from any action as property
litigat~on and the board abstain from any decision making.
Seconded by: R. Belding
Vote: Unanimous Carried
is in
24/ Wenliss Park Realty 6158-19-518079
Board advised of litigation.
Motion made by N. Slocum to abstain from any decision making as proper-
ty is in litigation.
Seconded by: R. Belding
Vote: Unanimous Carried
26/Parkwood Associates
Board advised of pending
Motion made by N. Slocum
is resolved.
Seconded by: R. Belding
Vote: Unanimous Carried
6156-02-583811
litigation.
no action be taken until pending litigation
27/powertest 6157-02-578955
Current assessment is 56,130; 9.7 acres commercial property. Grieving
under unequality. No listing of full value of property but request a
reduction to 3% of full value, ie 14,000 or one fourth of assessed value,
whichever is lower. No data given
Motion made by D. Close, based on information supplied of current pro-
perty values, the request be denied.
Seconded by: S. Dlosh
Vote: Unanimous Carried
Bd. of Assessment Review
page 10
28/
Dutchess County
6359-01-097790-00
Mr. Logan advised property had never been on the tax roll as it was
exempt but fire district taxes must be paid. Property was purchased
for 36,200 covering 12.03 acres, of which only 1.2 acres is in the
Town of Wappinger, the balance is in the Town of LaGrange. Request is
to reduce assessment to 1000
N. Slocum made motion the parcel be assessed at 1000.
Seconded by: S Dlosh
Vote: Unanimous Carried
29/Conrail Associates of Wappingers 6257-02-630770
Grieving under unequality and illegal assessment. Current assessment
is 83,000, request full value is 1000 and assessed value 190. No other
data supplied. Property recently purchased; no price given. Property
is in Rockingham Farm Sewer District but unable to obtain permission
for hook-up.
Motion made by D. Close based on current raw_land values and market
values, the request be denied.
Seconded by: S. Dlosh
Vote: Unanimous Carried
(Refer to #7)
Huang, Suo-Lun & Lily W. 6258-04-746317
Grievance did not complain under inequality, but under over assessment.
N. Slocum made amotion,.pursuant to. the over evaluation.and based
upon full market value of the property and the residential equalization
rate, request be denied.
Seconded by: S. Dlosh
Vote: Unanimous Carried
Motion made by N. Slocum to adjourn and reconvene on June 25th at
9:00 AM.
Seconded by: S. Dlosh
Vote: Unanimous Carried
Time 9:20 PM
June 25, 1985
Reconvened meeting of June 18th called to order by S. Slocum
Present: N. Slocum, Chairman
J. Ludewig
R. Belding
S. Dlosh
D. Close
Board addressed open items.
(Refer) #6)
Complaint submitted as S 19
ec. , Map6l57,Lot 16 (Hidden Hollow Apts).
Bd. of Assessment Review
page 11
Motion made by N. Slocum in-as-much as representatives for complaint
had failed to return with requested data and submit additional
information,the complaint be withdrawn from the records.
Seconded by: R. Belding
Vote: Unanimous Carried
(Refer to # 14)
WVC 6158-04-950325
WVC 6258-03-195370
DWS 6158-04-860340
DWS 6158-04-735365
DWS 6258-03-120480
Board reviewed some additional information submitted, ie copies of
newspaper articles etc. regarding water and sewer availability.
Discussion with Town Attorney (by phone) revealed in similiar situations
recent court decisions have been it is within the Town's jurisdic-
tion to tax and assess property. If owners (DWS,VWC) make a formal
application to Board of Health for sewer usage and are denied such
approval, then owners have a legal complaint. As there is no evidence
of formal application having been made to Board of Health, it was
attorney's opinion no complaint is warranted. Board discussed the
requested assessment on each of the five parcels.
Motion made by D. Close complaint on each of the five parcels be
denied on the basis of land values in these areas of the Town and
information received from the Town Attorney.
Seconded by: R. Belding
Vote: Unanimous Carried .
(Refer to #17)
Pizzagalli Development Co.
6258-03-278358
c
Board discussed request of reduction in regard to business inventment
tax exemption. Last year assessment was 1,600,000 with building
partially completed. Mr. Slocum consulted with Town Attorney
(by phone) regarding the legalities involved in view of the Town Board
action to eliminate the business tax exemption. ?oard was advised
the complaintant would continue to receive the exemptions previously
granted. However, as no application for the business investment tax
exemption was made for 1985, the Review Board could not legally grant
the exemption in accordance with Section 485 B of the Real Property
Tax Law. The only option open to the complaintant would be to seek
relief through litigation.
Motion made by N. Slocum to deny complaint on basis of failure to
submit timely application for business investment tax exepmtion
under Section 485B of the Real Property Tax Law
Seconded by: J. Ludewig
Vote: N. Slocum aye
J. Ludewig aye
R. Belding aye
D. Close nay
S. Dloah nay
Carried
, .
'.Ed. of Assessment Review
page 12
(Refer to #23)
Board has received a letter from attorneys for Imperial Plaza
Partnership requesting withdrawing the application for complaint
and agreed unanimously, as no decision making had taken place due to
property currently in litigation.
30/Joseph & Renata Rega
6258-04-752303
Currently assessed at 4000 for land and 8000 full value. This is a
raised ranch with woodworking business on 1st floor and residence
on 2nd, no basement. Assessor recommends assessment be raised to
17,500 full value, 3500 land. Mr. Logan advised Mr. Rega has been
notified and does not wish to grieve.
Motion made by N. Slocum to approve and recommend the Assessor
increase assessment to 17,500 full value, 3500 for land value.
Seconded by: R. Belding
Vote: Unanimous Carried
Motion to close the metting made by S. Dlosh
Seconded by: T. Slocum
Vote: Unanimous Carried Time 10.25 AM