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03-25-10

TOWN OF NEWTOWN
OFFICE OF THE ASSESSOR


BOARD OF ASSESSMENT APPEALS
MINUTES
MARCH 25, 2010 @ 6:00 PM
NEWTOWN MUNICIPAL CENTER
3 PRIMROSE STREET
NEWTOWN, CT 06470

PRESENT: CHARLES V. FRAMULARO JR., MARIANNE BROWN, & JOHN GODIN  
ALSO PRESENT: CHRIS KELSEY  




1. Kurt & Patricia Goldbach
   Date: 3/25/10
   Property Location/Description being appealed: 4 Tilson Lane, Sandy Hook,
    CT, 06482
   Reason for Appeal: Questioning the new 2009 assessment
   Board Discussion/Resolution: Appellant did not show.
   
  •  New Bold Corp. / Mike Kelley
   Date: 3/25/10
   Property Location/Description being appealed: New Bold Corporation
   Reason for Appeal: Believes assessment is too high on business. Property consists of
  • copier, (1) fax, (1) printer, (1) desk & chair, & (4) file cabinets. Printer/fax about (4)
years old. All the rest over 12 years old.
    Board Discussion/Resolution: Approved. Reduce assessment to $1,330 plus 25%
    penalty.
   2009 Original Property Assessment: $4,580
   2009 Revised Property Assessment: $1,662

3. H K Masonry Design LLC / Harun Kodzodziku
   Date: 3/25/10
   Property Location/Description being appealed: H K Masonry Design LLC
   Reason for Appeal: Believes assessment is too high on business. Forgot to drop off
   Personal Property Declaration on time, and received increase notice from the Assessor’s
    Office.
   Board Discussion/Resolution: Approved. Reduce assessment to $840 plus 25% penalty.
   2009 Original Property Assessment: $10
   2009 Revised Property Assessment: $1,050

4. 6 Pond View Trust
   Date: 3/25/10
   Property Location/Description being appealed: 6 Pond View Drive, Newtown,
    CT, 06470
   Reason for Appeal: House is overvalued based on current appraisal and similar
    properties.
   Board Discussion/Resolution: Denied. No change is warranted at this time.
   2009 Original Property Assessment: $740,020
   2009 Revised Property Assessment: $740,020
  
5. Crown Hill Tile LLC
   Date: 3/25/10
   Property Location/Description being appealed: Crown Hill Tile LLC
   Reason for Appeal: Believes assessment is too high on business. Never handed in
    Personal Property Declaration and tools increased by 10%, but never acquired any new
   equipment.
   Board Discussion/Resolution: Approved. Reduce assessment to $504 plus 25% penalty.
   2009 Original Property Assessment: $580
   2009 Revised Property Assessment: $630
   
6.  Victoria Callahan
    Date: 3/25/10
    Property Location/Description being appealed: 36 Walnut Tree Hill Road, Sandy
     Hook, CT, 06482
    Reason for Appeal: Believes house is over valued based on comparable homes and
    condition of the house and the land. Topography issues.
    Board Discussion/Resolution: Approved. Change condition of the house from good to
     average and -10% topography.
     2009 Original Property Assessment: $265,810
    2009 Revised Property Assessment: $242,880

7.  David & Karen Curran
    Date: 3/25/10
    Property Location/Description being appealed: 44 Boggs Hill Road, Newtown,
     CT, 06470
    Reason for Appeal: Believes house is over assessed based on market conditions and
    appraisal.
     Board Discussion/Resolution: Denied. No change is warranted at this time.
    2009 Original Property Assessment: $232,240
    2009 Revised Property Assessment: $232,240

8.  Modular Space Corporation
    Date: 3/25/10
    Property Location/Description being appealed: Modular Space Corporation
    Reason for Appeal: Grand List is more than copy of rendition attached.
     Board Discussion/Resolution: Denied. No change is warranted at this time.
2009 Original Property Assessment: $72,350
    2009 Revised Property Assessment: $72,350

9.  Joel, Jay, & Janis Nezvesky
    Date: 3/25/10
    Property Location/Description being appealed: 136 Huntingtown Road, Newtown,
     CT, 06470
    Reason for Appeal: Property is overvalued farm use. Public Act 490 is Connecticut’s
     law that allows your farm, forest, or open space land to be assessed at its use value
     rather than its fair market or highest and bed use value for purposes of local property
     taxation.
    Board Discussion/Resolution: Approved. Apply PA490 to property and remove central
     air from building. PA490 mistakenly removed during the 2002 revaluation process
     Assessor will go back (3) years on application.
2009 Original Property Assessment: $460,990
    2009 Revised Property Assessment: $358,250

  • Arbar Properties LLC
Date: 3/25/10
Property Location/Description being appealed: Arbar Properties LLC
Reason for Appeal: Believes property is over assessed. The equalized assessment exceeds the fair market value of the property based on comparable sales and retail rental offerings. Further, the property has been offered for sale and lease in a declining real estate market. To date, no reasonable offers have been tendered.
Board Discussion/Resolution: Approved. Reduce fair market value from $9,043,840 to $8,463,040 based on $40/square foot average of comparable properties.
***John Godin was recused from this board decision.
2009 Original Property Assessment: $6,330,690
2009 Revised Property Assessment: $5,924,130

  • 164 Mount Pleasant Road LLC
Date: 3/25/10
Property Location/Description being appealed: 11 Turnberry Lane, Sandy Hook,
CT, 06482
Reason for Appeal: Property is over assessed based on purchase price of $450,000 in July 2006.
Board Discussion/Resolution: Approved. Reduce fair market value from $516,477 to $450,000 based on purchase price in 2006.
2009 Original Property Assessment: $361,510
2009 Revised Property Assessment: $315,000

  • Tammara McMahon
Date: 3/25/10
Property Location/Description being appealed: 2005 Subaru Outback
Reason for Appeal: Incorrect assessment based on purchase price.
Board Discussion/Resolution: Denied. Unable to appeal 2008 regular Grand List.

  • Tammara McMahon
Date: 3/25/10
Property Location/Description being appealed: 16A Pole Bridge Road, Sandy Hook, CT, 06482
Reason for Appeal: Believes assessment is too high based on current market conditions had condition of the land. Topography & ledge issues.
Board Discussion/Resolution: Approved. -5% topography.
2009 Original Property Assessment: $279,810
2009 Revised Property Assessment: $272,280

14.  Damato Builders LLC
       Date: 3/25/10
       Property Location/Description being appealed: 17 Serene Way, Newtown,
        CT, 06470
       Reason for Appeal: House is overvalued based on appraisal and comparable homes in
       the neighborhood. Third floor included in living space calculation, but will not be living
        space.
       Board Discussion/Resolution: Approved. Reduce fair market value from $846,222 to
       $631,294 based on $100.82/square foot from average square footage on comps.
        2009 Original Property Assessment: $592,360
       2009 Revised Property Assessment: $441,910

15.  Daniel & Luz Maria Adamcheck
      Date: 3/25/10
            Property Location/Description being appealed: 5 Boulder Creek Road, Newtown, CT,
       06470
      Reason for Appeal: Believes property assessment is too high based on comparable
       homes. Adjust for the fair market value due to significant market decline. New owner
      since March 2009 continued down turn in market value.
       Board Discussion/Resolution: Denied. No change is warranted at this time.
       2009 Original Property Assessment: $616,460
      2009 Revised Property Assessment: $616,460

  • David Clark III & Alice Clark
Date: 3/25/10
Property Location/Description being appealed: 54 & 58 Great Quarter Road, Newtown, CT, 06470
Reason for Appeal: Tax assessment is too high. Property was incorrectly identified and appraised in 2007 reappraisal. There were no structures on the property as pictured only two non-contiguous parcels.  
Board Discussion/Resolution: Withdrew appeal. Assessor correction.

  • Don Senerath
Date: 3/25/10
Property Location/Description being appealed: 131 Taunton Hill Road, Newtown, CT, 06470
Reason for Appeal: Believes house is over assessed based on the current market and the condition of the property. Topography issues, ledge, high tension power lines, wetlands, & CT Light & Power easement.
Board Discussion/Resolution: Approved. -10% topography.
2009 Original Property Assessment: $362,930
2009 Revised Property Assessment: $351,300

  • Rick Werden Painting & Remodeling
Date: 3/25/10
Property Location/Description being appealed: Rick Werden Painting & Remodeling
Reason for Appeal: Believes business is over assessed. Estimated value is much higher than actual value.
Board Discussion/Resolution: Approved. Reduce assessment to $1,008 plus 25% penalty.
2009Original Property Assessment: $6,150
2009Revised Property Assessment: $1,260

  • Bearmark Silver Jewelry
Date: 3/25/10
Property Location/Description being appealed: Bearmark Silver Jewelry
Reason for Appeal: Believes business assessment is too high. Last year did not get declaration report into Assessor’s Office, but the estimate was over valued business is closing unfortunately and have gotten rid of materials.
Board Discussion/Resolution: Approved. Reduce assessment to $552 plus 25% penalty.
2009 Original Property Assessment: $2,750
2009 Revised Property Assessment: $690

  • David & Annette Vickery
Date: 3/25/10
Property Location/Description being appealed: 7 Wiley Lane, Newtown, CT, 06470
Reason for Appeal: Believes assessment is too high. Pricing area above garage as finished living space, but area is only used as a workshop. Property is also located on a dirt road which is hardly maintained.
Board Discussion/Resolution: Approved. Price area above garage as unfinished living area since it is used as a workshop. -5% dirt road.
2009 Original Property Assessment: $348,390
2009 Revised Property Assessment: $316,010

  • Kristen Mawdsley
Date: 3/25/10
Property Location/Description being appealed: 29 Great Ring Road, Sandy Hook, CT, 06482
Reason for Appeal: Believes property is over assessed based on the condition of the house. Also, being taxed for a shed which belongs to the neighbors encroaches on homeowner’s property.
Board Discussion/Resolution: Approved. Change condition of the house from good to average and remove shed.
2009 Original Property Assessment: $330,810
2009 Revised Property Assessment: $320,810

  • Doug & Kim Harrison
Date: 3/25/10
Property Location/Description being appealed: 27 Hawleyville Road, Newtown, CT, 06470
Reason for Appeal: Believes assessment is too high based on condition of the land. Major flood zone and huge pond on the property created by wetlands. Unable to expand the property believes assessment is unjust.
Board Discussion/Resolution: Approved. -50% for pond/wetlands.
2009 Original Property Assessment: $547,100
2009 Revised Property Assessment: $442,090

  • John & Stacey Premus
Date: 3/25/10
Property Location/Description being appealed: 33 Horseshoe Ridge Road, Sandy Hook, CT, 06482
Reason for Appeal: Assessment too high based on comparable homes in the area. Purchased home in 8/2009 during Newtown’s lowest market. Current taxes are still based on 2007 pricing.
Board Discussion/Resolution: Approved. Reduce fair market value from $586,731 to $575,857 based on $151/square foot average from comparables.
2009 Original Property Assessment: $410,710
2009 Revised Property Assessment: $403,100

  • Roger & Karen Michel
Date: 3/25/10
Property Location/Description being appealed: 75 Poverty Hollow Road, Newtown, CT, 06470
Reason for Appeal: Property is overvalued based on current market and comparables.
Board Discussion/Resolution: Denied. No change is warranted at this time.
2009 Original Property Assessment: $227,610
2009 Revised Property Assessment: $227,610

  • Patrick & Laura Smith
Date: 3/25/10
Property Location/Description being appealed: 10 Hall Lane, Newtown, CT, 06470
Reason for Appeal: Excessive assessment based on the condition of the property. House appraisal less than assessment.
Board Discussion/Resolution: Approved. Change condition of house from good to average.
2009 Original Property Assessment: $395,990
2009 Revised Property Assessment: $385,070

  • Misiti LLC
Date: 3/25/10
Property Location/Description being appealed: 5 Glen Road, Sandy Hook, CT, 06482
Reason for Appeal: Incorrect taxation. See additional documents from Board of Assessment Appeal meeting on 3/18/10.
Board Discussion/Resolution: Denied. No change is warranted at this time.
***Charles Framularo was recused from this board decision.
2009 Original Property Assessment: $429,920
2009 Revised Property Assessment: $429,920

  • Misiti LLC
Date: 3/25/10
Property Location/Description being appealed: 1 Glen Road, Sandy Hook, CT, 06482
Reason for Appeal: Incorrect taxation. See additional documents from Board of Assessment Appeal meeting on 3/18/10.
Board Discussion/Resolution: Denied. No change is warranted at this time.
***Charles Framularo was recused from this board decision.
2009 Original Property Assessment: $459,200
2009 Revised Property Assessment: $459,200

  • Misiti LLC
Date: 3/25/10
Property Location/Description being appealed: 3 Glen Road, Sandy Hook, CT, 06482
Reason for Appeal: Incorrect taxation. See additional documents from Board of Assessment Appeal meeting on 3/18/10.
Board Discussion/Resolution: Denied. No change is warranted at this time.
***Charles Framularo was recused from this board decision.
2009 Original Property Assessment: $155,440
2009 Revised Property Assessment: $155,440

  • Misiti LLC
Date: 3/25/10
Property Location/Description being appealed: 113 Church Hill Road, Sandy Hook, CT, 06482
Reason for Appeal: Incorrect taxation. See additional documents from Board of Assessment Appeal meeting on 3/18/10.
Board Discussion/Resolution: Denied. No change is warranted at this time.
***Charles Framularo was recused from this board decision.
2009 Original Property Assessment: $308,730
2009 Revised Property Assessment: $308,730

  • Misiti LLC
Date: 3/25/10
Property Location/Description being appealed: 115 Church Hill Road, Sandy Hook, CT, 06482
Reason for Appeal: Incorrect taxation. See additional documents from Board of Assessment Appeal meeting on 3/18/10.
Board Discussion/Resolution: Denied. No change is warranted at this time.
***Charles Framularo was recused from this board decision.
2009 Original Property Assessment: $451,550
2009 Revised Property Assessment: $451,550

  • Barton Conart
Date: 3/25/10
Property Location/Description being appealed: 185 Hanover Road, Newtown, CT, 06470
Reason for Appeal: Assessment of property is higher than what I bought it for at fair market value. Overvalued based on current appraisal, condition of the house, and excessive wetlands on the property.
Board Discussion/Resolution: Approved. -10% wetlands.
2009 Original Property Assessment: $318,150
2009 Revised Property Assessment: $300,190

  • Roman & Reka Cebulski
Date: 3/25/10
Property Location/Description being appealed: 78 Sugar Lane, Newtown, CT, 06470
Reason for Appeal: Property is overvalued. Foreclosed property with many required repairs. Items included: damage to kitchen, mold in all bathrooms, holes in walls, heating system not working, cracker foundation, water damage, etc. Square footage is also incorrect. Photos supplied.
Board Discussion/Resolution: Approved. Change condition from average to fair.
2009 Original Property Assessment: $450,710
2009 Revised Property Assessment: $437,780

  • Linda L. Pickering
Date: 3/25/10
Property Location/Description being appealed: 18 Settlers Lane, Sandy Hook, CT, 06482
Reason for Appeal: Property is overvalued based on current market conditions in Newtown.
Board Discussion/Resolution: Denied. No change is warranted at this time.
2009 Original Property Assessment: $263,410
2009 Revised Property Assessment: $263,410
  • Kenneth R. Petrucci
Date: 3/25/10
Property Location/Description being appealed: 176 Brushy Hill Road, Newtown, CT, 06470
Reason for Appeal: Believes appraised value is too high based on current market conditions.
Board Discussion/Resolution: Denied. No change is warranted at this time.
2009 Original Property Assessment: $371,180
2009 Revised Property Assessment: $371,180

  • Bernard & Sharon Cohen
Date: 3/25/10
Property Location/Description being appealed: 52 Watkins Drive, Sandy Hook, CT, 06482
Reason for Appeal: Believes property is over assessed based on the market in 2007 and comparable homes in the area. Same condominium complex with a much higher value.
Board Discussion/Resolution: Approved. Reduce by 20% functional depreciation.
2009 Original Property Assessment: $462,090
2009 Revised Property Assessment: $372,220

  • Rudy & Maria Magnan
Date: 3/25/10
Property Location/Description being appealed: 60 Watkins Drive, Sandy Hook, CT, 06482
Reason for Appeal: Believes property is over assessed based on the market in 2007 and comparable homes in the area. Same condominium complex with a much higher value.
Board Discussion/Resolution: Approved. Reduce by 20% functional depreciation.
2009 Original Property Assessment: $501,170
2009 Revised Property Assessment: $404,330

  • Michael & Jill Mossbarger
Date: 3/25/10
Property Location/Description being appealed: 2 Somerset Lane, Sandy Hook, CT, 06482
Reason for Appeal: Believe current assessment is overvalued by 20-30% due to market dynamics.
Board Discussion/Resolution: Denied. No change is warranted at this time.
2009 Original Property Assessment: $590,820
2009 Revised Property Assessment: $590,820

  • James & Cecile Benson
Date: 3/25/10
Property Location/Description being appealed: 6 Cornfield Ridge Road, Newtown, CT, 06482
Reason for Appeal: Feels property is overvalued based on the condition of the land. Unusable front yard due to steepness while neighbors have usable flatter front yards.
Board Discussion/Resolution: Denied. No change is warranted at this time.
2009 Original Property Assessment: $532,860
2009 Revised Property Assessment: $532,860

  • R Mathison Floors LLC
Date: 3/25/10
Property Location/Description being appealed: R Mathison Floors LLC
Reason for Appeal: Business value too high based on age and condition of business assets. One computer & (3) old desks with no resale value.
Board Discussion/Resolution: Approved. Reduce assessment to $3,537 plus 25% penalty.
2009 Original Property Assessment: $5,550
2009 Revised Property Assessment: $4,421

  • Robert Hall
Date: 3/25/10
Property Location/Description being appealed: 8 Huntingtown Road, Newtown, CT, 06470
Reason for Appeal: Believes property is overvalued since the house is a work in progress interior of the house is framed, rough plumbing, basics only. Sheds on the property are overvalued based on the condition basically unusable. No front acreage. Fire damage.
Board Discussion/Resolution: Approved. Reduce sheds to a zero value. No changes on the house already in at only 30% complete.
2009 Original Property Assessment: $293,640
2009 Revised Property Assessment: $291,990

  • Stephen & Melissa Singlak
Date: 3/25/10
Property Location/Description being appealed: 5 Autumn Ridge Road, Newtown, CT, 06470
Reason for Appeal: Believes assessment is too high on property based on current back appraisal.
Board Discussion/Resolution: Denied. No change is warranted at this time.
2009 Original Property Assessment: $554,820
2009 Revised Property Assessment: $554,820

  • Wendy & Kevin Sharon
Date: 3/25/10
Property Location/Description being appealed: 22 Aunt Park Lane – Personal Property
Reason for Appeal: Believes assessment is too high. Forgot to hand in personal property declaration, but the horses are not worth any money. Two are very old and retired.
Board Discussion/Resolution: Denied. No change is warranted at this time.
2009 Original Property Assessment: $810
2009 Revised Property Assessment: $810

  • Adelard & Tammi Ligouri  
Date: 3/25/10
Property Location/Description being appealed: 12 Elm Drive, Newtown, CT, 06470
Reason for Appeal: House is overvalued based on comparable homes in the area.
Board Discussion/Resolution: Approved. Reduce fair market value from $320,383 to $312, 891 based on $169/ square foot average of comparable homes.
2009 Original Property Assessment: $224,270
2009 Revised Property Assessment: $219,020

  • Michael Burton
Date: 3/25/10
Property Location/Description being appealed: 77 Bennetts Bridge Road, Sandy Hook, CT, 06482
Reason for Appeal: House is overvalued based on condition of the property. House on the property is not habitable in its current condition. The outbuildings are dilapidated. Property should be viewed as just a lot.
Board Discussion/Resolution: Approved. Change condition of the house from good to poor.
2009 Original Property Assessment: $293,730
2009 Revised Property Assessment: $192,020

  • John & Linda Sansburn
Date: 3/25/10
Property Location/Description being appealed: 31 Bradley Lane, Sandy Hook, CT, 06482
Reason for Appeal: Believes assessment is too high based on the current market conditions house values have dropped drastically.
Board Discussion/Resolution: Denied. No change is warranted at this time.
2009 Original Property Assessment: $405,370
2009 Revised Property Assessment: $405,370

  • Smart Touch Point LLC
Date: 3/25/10
Property Location/Description being appealed: 6 Lakeview Terrace, Sandy Hook, CT, 06482
Reason for Appeal: Believes assessment is too high based on the current market conditions and condition of the house. Built in 1954.
Board Discussion/Resolution: Approved. Change condition of the house from good to average based on the age of the house.
2009 Original Property Assessment: $314,700
2009 Revised Property Assessment: $307,800

  • James Swift
Date: 3/25/10
Property Location/Description being appealed: 11 Cedarhurst Trail, Sandy Hook, CT, 06482
Reason for Appeal: Property is overvalued based on the current market conditions and the condition and location the property is in. Road is in major disrepair and is not maintained because no association exists. Topography issues.
Board Discussion/Resolution: Approved. -10% topography.
2009 Original Property Assessment: $226,820
2009 Revised Property Assessment: $217,040

  • Mary Fellows
Date: 3/25/10
Property Location/Description being appealed: 4 Washington Avenue, Sandy Hook, CT, 06482
Reason for Appeal: Believes property is over assessed based on calculated method. Two approaches most relative to the value of any property in the marketplace and especially today’s market are the income approach and the sales comparison approach. The third approach is appraisal methods which is not relevant in most applications, especially in this marketplace where market value is much less than replacement value.
Board Discussion/Resolution: Denied. No change is warranted at this time.
2009 Original Property Assessment: $374,720
2009 Revised Property Assessment: $374,720

  • David J. Rizzardi
Date: 3/25/10
Property Location/Description being appealed: Rizzardi David J Co Inc.
Reason for Appeal: Business is over assessed. Sold all equipment prior to October 1, 2009.
Board Discussion/Resolution: Denied. No change is warranted at this time.
2009 Original Property Assessment: $44,920
2009 Revised Property Assessment: $44,920

  • John A. Pantan Jr.
Date: 3/25/10
Property Location/Description being appealed: 101 Castle Hill Road, Newtown, CT, 06470
Reason for Appeal: Assessment is excessive given the condition of the property.
Board Discussion/Resolution: Inspection needed. Approved. Reduce fair market value from $600,871 to $450,000 based on inspection by the Assessor.
2009 Original Property Assessment: $420,610
2009 Revised Property Assessment: $315,000

  • Glenn & Martha Decker
Date: 3/25/10
Property Location/Description being appealed: 46 Cobblers Mill Road, Sandy Hook, CT, 06482
Reason for Appeal: Market value of home is far below appraised value based on comparable homes.
Board Discussion/Resolution: Denied. No change is warranted at this time.
2009 Original Property Assessment: $624,370
2009 Revised Property Assessment: $624,370

  • Joseph Zeolla
Date: 3/25/10
Property Location/Description being appealed: 327 South Main Street, Newtown, CT, 06470
Reason for Appeal: Taxes went up 9% from 2008 prior assessment $237,660 to current assessment for the 2009 Grand List of $261,426. All real estate property values including commercial have gone down not up.
Board Discussion/Resolution: Appellant needs to hand in required paperwork. 10% penalty was added for not turning in the Income & Expense form for 2008. Approved. Paperwork handed in remove 10% penalty.
2009 Original Property Assessment: $261,426
2009 Revised Property Assessment: $237,660

  • Connecticut Calibration Technical Inc.
Date: 3/25/10
Property Location/Description being appealed: Connecticut Calibration Technical Inc.
Reason for Appeal: Business assessment too high.
Board Discussion/Resolution: Appellant needs to hand in required paperwork. Approved. Reduce assessment to $48,159 plus 25% penalty.
2009 Original Property Assessment: $79,210
2009 Revised Property Assessment: $60,199

  • Box of Assessor Changes
Date: 3/25/10
Board Discussion/Resolution: Assessor corrections put forth by the Assessor approved for changes.


  Board of Assessment Appeals adjourned at 11:00PM
 Mindy Kovack, Clerk