Town of Newfane Board of Abatement Minutes: August 22, 2019

Town of Newfane Board of Abatement Minutes: August 22, 2019

Attending: Priscilla Cotton, Carol Hesselbach, Gloria Cristelli, Abigail Dillon, Steve Levine, Doris Knechtel, Frank Suponski, Dennis Wiswall, and Melissa Brown.

The hearing was called to order at 7:00 PM by the Chair, Priscilla Cotton, Abatement Request by Frank Mercedes on behalf of NGM Realty, LLC for property at 94 River Road.

Doris Knechtel explained that when the property was subdivided 9 years ago theacreage for this parcel was not corrected from 62.13 acres to 37.2 acres and the ownerhas been paying taxes on 62.13 acres in error for 9 years. The owner came into theoffice to see the lister card and immediately knew that there was an error. He had acopy of a survey to support his claim and the Listers found a copy of the same survey in their file. The portion of his letter regarding the change needing to be made for thecurrent tax year and going forward has already been taken care of. The owner also came up with different figures for the new value because he did not understand that thefirst two acres are valued differently than the rest and that there was a view calculation applied to the schedule. The Listers determined the value based on the first acre with water and septic, the second acre amount, then the rest by a land schedule.

Doris explained that they consulted their District Advisors and one believed we shouldonly abate 1 year’s taxes, because the owner has a responsibility to review the tax bill.The other District Advisor felt we should abate 3 year’s taxes. Carol Hesselbachexplained that the law apparently lets us abate what ever number of years we feel isright. Discussion regarding the notices sent during the 2017 reappraisal and theinformation on tax bills took place.

Gloria Cristelli moved that we abate the erroneous real estate taxes for 3 years, totaling$2,296.46. Abigail Dillon seconded the motion. Gloria explained that her reasoning was that the owner should have paid some attention at the time of the reappraisal.

Frank Suponski said that he thought 3 years was fair.

Priscilla asked for a vote. All were in favor of the motion.

Carol is to write up the decision.

Gloria made a motion to adjourn. Abigail seconded it. The motion passed.

Priscilla adjourned the hearing adjourned at 7:20 PM.

Respectfully submitted by,

Carol Hesselbach
Clerk Board of Abatement