Dunbarton Board of Assessors

Minutes of Meeting

June 17, 2003

 

 

7:00 PM

 

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

                        Compton French, Assessor

                        Linda L. Peters,  Recording Secretary

 

Mr. Swindlehurst stated that both he and member Bryan Clark had attended a funeral in Henniker and requested that it be stated in these minutes that they conducted no business at that time.

 

The first appointment for the evening was with Ken Swayze, newly appointed Building Inspector.  The purpose of the appointment was to discuss which information should be communicated between the two departments.  Mr. Terragni explained to

Mr. Swayze that building permits are what trigger the assessment of a property.  Mr. Swayze agreed that the status of the information being conveyed was not what it should be and stated that the Building Department is working on it.  One thing they are doing is evaluating the forms they currently use.  He informed the Board that there is a permit log and recommended the Board review it.  He also stated that in many cases, structures are not being built as the permit shows.  He now requires a site plan showing the correct outline of a structure.  He is trying to flag demolition permits.  Demolition also affects assessment.  Mr. Terragni noted that sometimes the permits do not reflect a correct address or lot number.  Mr. Swayze explained that there are currently three different file systems set up (Assessors, Planning and Building).  Planning and Building will now combine all files by tax lot numbers.  This will only be a problem when land is subdivided.

 

            Mr. Terragni asked if space be designated for the paperwork for the town Assessor.  Mr. Swayze will talk to his secretary about that but stated that the Building Department is still trying to re-organize it’s system.  He showed the Board the 2003 building permit log which reflects all the permits issued for the year.  Compton French asked if when a Certificate of Occupancy is issued that the date of issue be entered. 

Mr. Swayze said they could, but there may only be 6 C/O’s issued out of a hundred permits.  Most of the permits are administrative:  swimming pool, etc., and do not require a final inspection.  Mr. Swindlehurst feels the Building Department should be inspecting these.  Mr. Swayze agreed, and reminded the Board that the Building Department is in the process of re-working the permit fees.  Currently the income from the permit fees reflects a loss if a second inspection is required.  The Board would like to continue to see a paper trail.

 

            Mr. Swayze asked if there was anything else his department could do to aid the Assessing Department.  Mr. French noted that he would like more detailed information on the paperwork eg. a permit may give dimensions but not number of stories.  Mr. Swayze stated that his department is now trying to do that by asking for more detailed information from people filing for permits.  Mr. Terragni said that there are cases when residents inform the Board that their house is in disrepair but do not tell the Board when they have completed the repairs and improvements.  He said that the inventory forms the town once used were helpful for finding out that information.  He asked if the Building Department could take pictures – especially of extensive remodeling – and date the pictures.  It would be helpful if, for example, the Building Department would take pictures of the roof trusses, floor joists, etc. to see if they’ve been changed.  Mr. Swayze is asking his workers to look for evidence of these changes to the base permit.  He stated that the department is already overextended but would be willing to call the Board when a final inspection is being done.  Mr. Swindlehurst agreed that the Building Department should not be required to take pictures for the Assessors. Mr. French asked if the Building Department would note if the blueprint had been followed.  Mr. Swayze stated that they are trying to but a lot of moving is done during the building.  Linda Peters suggested the Board start by using the permit log as Mr. Swayze suggested then communicate suggestions between departments.  The Building department can’t furnish the Assessing department with all that they need, but may find that they can replace information that neither department needs with data that both need.  Mr. Swayze agreed and pointed out that the log shows a consecutive numbering system for permits but does not show a date issued.

 

            Mr. Swayze reminded the Board that he also represents the Planning Board and asked if there were any issues there.  Mr. French asked if they would show a total for each lots frontage on the plans.  Mr. Swayze stated that this is required in the subdivision regulations and he is requiring it be done.  He recognizes that it was not being done in all cases.

 

            Mr. Swayze had questions regarding calculation of Current Use assessment.  He said that people ask about this when they come to see him.  The Board explained how they calculated the assessment.  Discussion continued until 7:50.  The Board thanked

Mr. Swayze for his time.

 

            The next appointment was with Barry Danceiwicz and Karen Gagne regarding the non-buildable lot agreement for lot K1-13-5.  Since all three members were not present at the last meeting, they wanted to present their case again so that all members could hear it.  They feel that Roberta entered into an agreement with the town when she did not own the land.  She did not own the land as of 1991 and the agreement was signed in 1996.  He stated that the three children are willing to sign affidavits that the signatures on the [non-buildable agreement] are not their signatures.  The Danceiwicz family has sold the land and can show the sales agreements with the correct signatures of the children.  They can show that they are not the same signatures that are on the non-buildable lot agreement.  They feel they are being punished for an agreement their mother entered into but did not have the legal right to.  They are willing to pay the town the taxes for all the years they were abated.  Mr. Swindlehurst stated that those documents were signed under perjury and that they had a legal problem with Roberta.  Mr. Danceiwicz felt that the town acknowledged Roberta as the owner.  Mr. French asked if the children knew she was negotiating the property with the town.  Mr. Danceiwicz said they did not.  Mrs. Gagne

said the town accepted her as the owner of the property when she wasn’t; the tax records show that she was not the owner of the property; the deed was conveyed in 1991 and the agreement was signed in 1996.  Discussion again turned to the notary acknowledgement and the signatures on the agreement. Mr. Swindlehurst said that from what he has learned the paperwork was sent to her (Roberta) in Massachusetts, notarized and returned.  Apparently she got three different signatures.  Mr. Danceiwicz felt that the notary was just acknowledging Roberta but not the children.  Mrs. Gagne asked that the Board move from the signatures and to the fact that the owner of record was not Roberta Danceiwicz. 

She referred to the tax record of 1996 that did not contain Roberta’s name. 

Mr. Swindlehurst felt that the Board had a signed document and should stick with it. 

Mr. Danceiwicz felt this was misrepresented and agreed to by the Town.  Mrs. Gagne asked how the town could go into an agreement with a woman who did not own the land. Mr. French told her that the town can send the tax bill to anyone they are instructed to.  Mrs. Gagne pointed out that at the June meeting the Board examined the tax card and saw that the property was conveyed in February and she didn’t own the land anymore.  The tax bill was going to Barry Danceiwicz.  Mr. Swindlehurst felt that since the form was signed under penalty of perjury that the children should go back to their Mother.  Mr. Danceiwicz asked again about the town’s liability for accepting a signature of an owner who didn’t own it.  He asked if the Board was stating that it would not rescind the document in which case he would have to get an attorney involved.  He felt that if the Board was in full agreement it would be a waste of his time to stay and talk any longer.  Mr. Terragni told them that the Board usually discusses a situation and makes a decision afterwards.  He asked for an address where the decision could be mailed. Mr. Danceiwicz and Mrs. Gagne left the meeting.

 

             The Board reviewed all of the documents.  Mr. Swindlehurst moved that the Board not rescind the agreement.  Mr. Terragni seconded the motion.  The motion went to the floor for discussion.  They decided that further research was needed and would look into contacting the town attorney regarding the matter.  A letter was drafted (see attached) and sent to Mrs. Gagne.

 

The Board reviewed and signed the following:

 

·        Notice of Intent to Cut Wood or Timber for the following:

Constance George E6-3-6

Mark and Lisa Perreault I2-2-8

Antonio and Rosa Sutra I2-2-4

 

·        Certification of Yield Taxes Assessed from Apri1 1, 2002 to March 31, 2003:  Total of 11 forms

 

·        Timber Tax Warrant for:

Fred Cross F4-1-6       $ 592.71

Douglas Ryan I3-4-2    $  16.60

 

            Appeal from Ann Hanlon:  (Also discussed at the April 15, 2003 meeting).  The property is assessed at $ 145,000.  The Board felt that the current assessment is fair.  Tim Terragni made the motion to deny the appeal.  Bryan Clark seconded.  All were in favor.

 

            Alan Cushing Property Tax Abatement: (See April 15, 2003 meeting).  The Board granted the abatement reflect the $ 18,500 increased value of the land.

 

The Board drafted and signed a cover letter to accompany the Current Use form that will be mailed to all property owners with land in current use.  The Board will have the forms and labels printed by the Selectman’s office which will also furnish postage.  Once they are printed, members will each take a portion to prepare for mailing.

 

Michael Fraser H3-4-16 Current Use Penalty:  Mr. Fraser purchased an eleven acre lot from Right Way Builders on December 5, 2002 for $75,000.  Now he is going to build a house and has supplied a map to disqualify 1.02 acres of land for the house.  He has applied to the Building Department for the building permit.  He would like to pay this penalty so he can proceed with building his house.  His current use penalty will be $ 7,500.

 

Other business:  Mr. Swindlehurst referred to a conversation he had with the Town Administrator.  The new subdivision lots coming out of current use have lot numbers but do not have any values attached to them.  This affects our ratio.  He feels it would be wise to assess an arbitrary standard figure of $ 100,000 on all new unsold lots.  Mr. Swindlehurst will consult with the Town Administrator to establish an effective date. This will get something on the books as a basis for taxes.  

 

The Board will ask the Town Administrator not to schedule any meetings for July so they can focus on the bid specs for re-valuation.

 

Meeting adjourned at 10:12 PM

 

 

 

                                                                                                                                               

Timothy Terragni, Chairman                  Bryan H. Clark             John R. Swindlehurst