BOARD OF ASSESSORS

TOWN OF DUNBARTON

Minutes of Meeting

 

August 17, 2004

 

 

 

Present:          Timothy Terragni

                        John R. Swindlehurst, II

                        Bryan Clark

 

                        Harlan “Bud” Noyes, Appraiser

 

 

7PM, Meeting called to order

 

Minutes of July meeting were reviewed, accepted and signed by John and Bryan.  Minutes of the June meeting were signed by Tim Terragni.

 

Current Use penalties for the following were reviewed and signed:

·        Jason & Bethanee R. Syversen, I1-01-13, $10,400

·        Kevin Burke, H1-01-15, $10,500

·        NH Traditional Homes, Inc., G4-01-12, $6,670

·        NH Traditional Homes, Inc., G4-01-01, $6,670

·        NH Traditional Homes, Inc., G4-01-13, $6,670

 

Current Use penalty issued to Stillwater Properties, Lot E3-02-50, was voided as the property was sold to Carl & Laura Mitchell.  A current use release form was signed for Carl & Laura Mitchell, E3-02-50 in the amount of $10,000.

 

Intent to Cut Timber for Rocco DiPietro, G2-05-15, G3-01-05 & G2-05-07, was reviewed and signed.

 

Veterans Credit application for Andre Olivier was reviewed and accepted.  Veterans Credit application for Robert Jergensen was reviewed and tabled for further information.  Elderly exemption application for Robert Boucher & Doris Armstrong was reviewed and tabled for more information.

 

The Board met with Rick and Bonnie Martin, (Right Way Builders) lot H3-04-15, regarding their current use penalty of $15,000.

 

Mr. Martin stated that he disputed the amount of acres disqualified by the town.  The town had disqualified 7 acres and he said it was closer to 4 acres.  He provided a map for the board to look at showing where his driveway was located and the area around his house.   He stated that the area around the house and the driveway was about 2.5 acres but he would be willing to go with 4 acres to allow for a little fluff margin.

 

Tim Terragni stated that the road or driveway needed to come out and he showed pictures that the town had taken of the driveway area.  Mr. Martin stated that this was part of the existing slope and he just cut the road in and put in fill.   He also stated that the town did not take into consideration the cost of putting in that driveway.   The Board indicated that cost did not matter. 

 

Mr. Martin felt that he should have been assessed a penalty two years ago when he purchased the property, not now.  He stated that he had intended to sell but because the power lines run through the property it deterred the sale.  He showed the property to eight people and no one was interested.  He believed that if the town had assessed a penalty two years ago it would not have been as high.   He stated that he would be willing to walk the land with the board members and come up with an agreement but he felt that a value of $150,000 or a $15,000 penalty  was very steep and would not accept it.

 

Mr. Martin asked how much of a penalty would the town assess if he took the full 40 acres out of Current Use?  John  Swindlehurst stated that under the law there was no way to do that , the town can only assess the  amount of acres disturbed.  The only other way all acres would come out would be if there was a subdivision and the lots were sold off, being less than the required 10 acres for Current Use. 

 

Mr. Martin stated again that this penalty was outrageous.  He stated that he had checked with other towns and found that penalties are assessed when property is purchased and believed that is what Dunbarton should have done.  John Swindlehurst read from the Current Use laws which states that the land must be physically disqualified (RSA 79-A:7 IV).  If a lot is over 10 acres, it will stay in current use until it is developed.

 

Tim asked if this was the first time Mr. Martin had dealt with Current Use in the Town of Dunbarton and he replied,  Yes”.

 

Mr. Martin stated again that if the board would be willing to come up with something reasonable he would be happy to discuss it.

 

Bud Noyes stated that he measured every bit of land disturbed and came up with the 7 acres.  Mr. Martin stated that he would like to go over that with Bud, go out and re-measure because he denied that there was 7 acres disturbed.

 

The Board asked Mr. Martin what would be his definition of a fair penalty.  He replied that he thought it should be between $7500 and $8000.  Bud Noyes then asked why Mr. Martin had this property on the market recently $900,000.  Mr. Martin replied that he did put it on the market but it did not sell and one of the reasons was the power lines so close to the house.  He noted that he looks out his front door and can see the power lines.  This is not a good selling point, it takes away for the value of the property. 

 

Bryan Clark stated he did not think that the penalty would change that much if the 7 acres was reduced to 5 acres. The Board told Mr. Martin that they would discuss the matter and will let him know the outcome.

 

Mr. & Mrs. Martin left the meeting at 8PM

 

Discussion:  The board reviewed Mr. Martin’s file and will be asking the Building Inspector for a copy of the building permit.

 

The motion was made by Tim Terragni to keep the penalty at $15,000.  A discussion ensued. 

Bryan stated that he felt that changing the acres from 7 acres to possibly 6 acres  or 5 acres would not make a difference.  John felt that this figure of $15,000 was not just a number the board picked, the property was measured and the calculations were done and he felt he would vote to stay with the $15,000 based on that.  Bryan  suggested having Bud get together with Mr. Martin to show him how he came up with this figure and Bud stated he would be willing if the board wished.  John indicated that we have already measured the area and furthermore, felt  that because the calculations were based on the 1997 manual and the 2003 equalization rate of  60.6% had been used to come up with this penalty, his advise would be to not conduct another site walk.  He further stated that we had first knowledge of a house being there in November 2003 based on the septic plan which was filed and we used the 2003 ratio.   

 

Tim Terrangi re-stated his motion with an addition:  To keep the penalty at $15,000 until the Board could obtain further information from the building department regarding  the date of issue on the building permit.    John seconded the motion and all were in favor.

 

REVALUATION DISCUSSION:

 

ABOVE GROUND POOLS:  The Board discussed their option to tax or not to tax above ground pools.  After much discussion the motion was made by John Swindlehurst not to assess above ground pools.  Bryan Clark seconded the motion and all were in favor.  Vision Appraisal will be notified.

 

FENCES:  The board discussed the option of assessing fences or not.  It was finally decided to leave this up to the discretion of  Vision Appraisals.

 

QUESTION AND ANSWER MEETING:  The board was informed of Vision Appraisals intention to hold a question and answer meeting for the town’s residents.  This meeting will hopefully be in late September.  The board would like to meet with Vision preceding this meeting to go over a few items.  Janice will try to line up a meeting with them at the Board’s September meeting  (September 21st).

 

 

John Swindlehurst made the motion to adjourn at 8:55 pm.  Motion was seconded by Tim Terragni, motion carried.

 

  Meeting was adjourned at 8:55 pm.

 

 

                                                            ______________________________________

                                                            Timothy Terragni, Chairman

 

 

 

                                                            ______________________________________

                                                            Bryan Clark

 

 

 

                                                            ______________________________________

                                                            John R. Swindlehurst, II

 

                                                            Dunbarton Board of Assessors

 

 

 

Recorded by:  Janice VandeBogart,

                                    Secretary and Town Administrator