DUNBARTON BOARD OF ASSESSORS

MINUTES OF MEETING

AUGUST 19, 2003

 

 

7:15 PM

 

Present:            Timothy Terragni, Chariman, Bryan Clark, John R. Swindlehurst

                        Compton French, Assessor

                        Linda L. Peters, Recording Secretary

 

            Minutes of the July 23, 2003 meeting were reviewed and signed.

 

            Current use penalties:  John R. Swindlehurst made the motion to set the assessed value of new subdivided lots at $ 100,000.  Bryan Clark seconded.  Motion passed.

 

            Current use penalties were assessed as follows (assessment only- documents will be prepared for signature for next meeting).  The assessment for each was calculated at 10% of the sale price:

 

·        E3-02-53 – Stillwater Properties to Kelsey $ 8,800

·        E3-02-48 – Stillwater Properties to Sullivan $ 9,200

·        E3-06-04 – Stillwater to Rae $ 8,300

·        B7-01-07 – Audet to Dipietro $ 10,000

·        B7-01-08 – Audet to Dipietro $ 10,000

 

Discussion of three lots for Dan Terrell:  Has a house on one lot and is building on second lot.  When second lot is finished, he’ll be selling first lot with the house on it.  Two lots were taken out of current use. Assessment based on a penalty recently assessed on a similar-sized lot

 

·        F2-3-12 (4.54 acres) –  $ 8,300

·        F3-1-11 (3.43 acres) –  $ 8,300

·        F2-3-11 (2.28 acres) –  Existing house lot already taken out of current use

 

 

Eric Hodgman, Lot E4-3-4:  This lot is in current use and a barn was built on the land.  There was a lengthy discussion on the fairest way to assess the penalty on this lot because it is a barn, not a homesite.  The barn is approximately 200 feet from the road.   Compton French felt that it should be two separate, contiguous lots out of current use because it is far enough away from the original acre.  Tim Terragni will call Eric and ask him to include this new information (acre encompassing the barn and the road) on the current use questionnaire that had recently been mailed to all property owners with land in current use. John Swindlehurst suggested that the value the acre of land and the road (minus normal adjustments) be set at  $21,000.  The Board agreed and assessed a current use penalty of $2,100.  Tim would like to see this incorporated into the existing house.

 

Rite Way Builders / Rick Martin, Lot H3-4-8.  The Board reviewed the map provided by Rick Martin.  The area to be taken out of current use (homesite and 875’x 16’ driveway) was indicated on this map.  The Board calculated that the total to come out of current use is 2.368 acres.  The area was valued at $90,000 resulting in a current use penalty of $9,000.

 

Jon Mooar came to the Board with questions regarding property he has in current use.  He would like to place a movable structure to cover a garden on the land.  It would involve squaring off a section of land at the property line which is landlocked.  This would remove from current use a piece of land approximately 70’ x 286’.  The Board reviewed a map of the property.  The Board informed Mr. Mooar that squaring off the size and the area he indicated would break up the lot and therefore there would not leave the ten contiguous acres required for current use.  After further discussion, they recommended a 20’ x 286” area (~5600 square feet), which would leave a buffer and not disrupt contiguous land.  When the Board asked Mr. Mooar to describe the structure he would erect, it was determined that it was a temporary structure (less than two months) with no foundation, etc. and it was not necessary to remove land from current use for this purpose.  Mr. Mooar also discussed procedural questions regarding and addition to his barn (land is not in current use).

 

William and Rebecca Rolke, Lot H3-03-07.  The Rolkes purchased the land and building from the Mills in 1995.  The lot was a total of 8 acres (four in current use; four not in current use).   This was because the Mills had other land adjacent to this also in current use.  The Rolkes were under the impression that the land had come out of current use at that time.  This went unnoticed until the Board mailed out the current use questionnaires last month.  After discussion, the Board agreed that no current use penalty should be assessed.  The Town Administrator has already made the proper adjustments to the property card.

 

The Board reviewed a letter from Marshall Law Office regarding the non-buildable agreement on the property of Karen Gagne, et al.  John Swindlehurst made the motion not to reconsider the Boards position on that agreement.  Bryan Clark seconded the motion.  All were in favor.

 

Tom Gleason came to the Board regarding the assessment on his mobile home.  He gave the Board a re-cap of the history that has prompted this request:  In June of last year, he got a notice stating that his septic had failed.  The Selectmen had failed to act.  He feels  his house is worth is useless considering he can’t sell it with a bad septic. Tim Terragni asked Mr. Gleason who owned the property.  Mr. Gleason stated that his ex-wife, Karen Meehan, owns the property.  He pays rent to her for the site that is to include water and sewage. Mr. Gleason said that the he brought it to Selectmen Hammond and J.R.Swindlehurst when he met with them (December, 2002).  He stated that the Selectmen accused him of trying to involve a third party.  He felt the town should force her to fix it.  When Bruce Vaal was Health Officer, he sent Mrs. Meehan a letter telling her that the she had till November 2002 to remove the remnants of the trailer that had burned and to get the septic fixed.  When asked what the consequences would be if Mrs. Meehan did not fix the problems, Mr. Gleason stated that according to the Selectmen, nothing was supposed to happen.  He admitted that the was trying to involve a third party and it’s the Selectmen’s job to oversee that.   He was asked what would happen if he stopped paying rent.  He stated that he would be evicted.  He stated that he had already been to the Supreme Court with this and that they do not want to deal with a septic issue except that they have allowed him to re-coup the money he spent having it pumped. 

 

Nothing has been done about the septic.  A replacement trailer has been brought in to replace the burned one and Mrs. Meehan is attempting to make that a living establishment without correcting Mr. Gleasons problem.  Mr. Terragni asked where the plumbing would go for that trailer. Mr. Gleason explained that there are three septics.  He wanted his connected to the one that supported the trailer that burned but Mrs. Meehan refused.  Mr. Terragni asked if he could still sell his mobile home. Mr. Gleason stated he could sell his mobile home on the lot that it’s on.   He has trucking rights, due to being “grandfathered”.  He needs these rights because of his rubbish business, therefore doesn’t want to sell the home, otherwise, he’d have to purchase commercial property.  Selling his home won’t get him commercial property and he still can’t sell the home with a bad septic.  He feels the taxes should be reviewed.

 

Mr. Swindlehurst explained that the taxes are based on that structure – nothing attached to it.  Mr. Gleason felt that it still had to have water and septic.  Mr. Swindlehurst explained that the trailer is assessed on everything above ground.  Whether it’s connected or not doesn’t have any bearing on the assessment. The sewer and water is assessed to Mrs. Gleason.  Mr. Swindlehurst suggested that Mr. Gleason could sell the trailer and move it off-site and that’s where the value lies.  Mr. Gleason asked if the Board was willing to give him $18,000 for the trailer the way it sits, because that is what he is being assessed at.  Mr. Clark stated that that is the value of the structure only.  Mr. Gleason again brought up the matter of the burned out remains of the trailer and stated the Selectmen and the Building Department weren’t doing their jobs.  Mr. Terragni explained that there is a set rate of $7,000 for utilities per homesite which incorporates the well, septic and power to the site.  It’s the same for everybody but that is adjusted to the owner of the land on a per case basis. 

 

Mr. Gleason asked if there was some paperwork there for him from the Town Administrator.  He had written a letter to the Town Administrator which was passed to the Building Department.  The paperwork would be an answer from Ken Swayze (Building Department).  Mr. Terragni explained that the paperwork would not be something that would go through them.  Mr. Gleason asked if Mr. Swayze is an engineer.  Mr. Swindlehurst thought he was.  Mr. Gleason asked if Mr. Swayze is certified for septic.  Mr. Terragni stated that the State approves all septic designs, but that does not help in this situation.

 

Mr. Gleason stated that he will end up suing the Town because this is fourteen months he has had a bad septic and the Town has refused to act.  He stated that he is trying to handle it locally the correct way.  He is being forced into a position that he has nothing else he can do but go to his lawyer.  Mr. Swindlehurst suggested he go the Department of Environmental Services, Subsurfaces Division.  This might save some legal fees.  They may come out and examine the system.  They have the power to act.

 

Mr. Terragni explained that if Mr. Gleason owned the land, he wouldn’t be assessed for a failed septic.  He hopes that Mr. Gleason understands that the Boards hands are tied to a certain point on this.  Mr. Gleason asked that if this department couldn’t help him, which department could.  He was again referred to the DES.

 

The Board reviewed a letter from Phil Walker regarding the tax status of St. John the Evangelist Episcopal Church.  Mr. Walker felt that since the property is now used solely for the Church and related community service activities it should revert to a full exemption from property taxes.  Mr. Swindlehurst suggested that the church contact the Department of Revenue for a tax-exempt form to be submitted to the Town.

 

Mr. Terragni asked if the Board wanted to handle the bid specs another night due to the lateness of the hour.  Members opted to continue the meeting.

 

Mr. Swindlehurst asked what would be done with the completed current use forms.  He offered to review some and report back to the Board with his opinion. 

 

The Board spent the next 45 minutes working on the Revaluation Bid Specs.  They then reviewed the proposal used in Dunbarton in 1996 and agreed that it needed to be re-phrased.  They reviewed samples (provided by the State) from the towns of Milton and Bedford. They also reviewed a blank proposal that appeared to have come from the State and felt it was a good format to use.

 

There was discussion on what would be the next step to finish this up.  The request for bid will be placed in the newspaper.  This legal notice should be posted as soon as possible.  Interested parties will pick up the specs from the Town Administrator. 

 

Mr. Swindlehurst suggested that members take all samples home for review and make notations for the next meeting.  Mr. Terragni suggested that the Board meet once again prior to the September meeting for the purpose of reviewing the specification package.  Meeting was set for Monday, August 25 at 6:30 PM.   Notice of the meeting will be posted according to State Statute.

 

Meeting adjourned at 10:05 PM.

 

 

 

 

 

                                                                                                                                               

Timothy Terragni, Chairman                  Bryan Clark                              John R. Swindlehurst