Board of Assessment Appeals

Meeting date: 
Monday, March 6, 2017

Town of Simsbury - BOARD OF ASSESSMENT APPEALS
Subject to Vote of Approval - Regular Meeting Minutes: March 6, 2017 – 2.25 pages


The Monday, March 6, 2017 Special Meeting of the Board of Assessment Appeals took place in Rooms 103, 107, and 114 in Town Hall. Those present included board members James Tourtillotte, Steve Nocera and Lori Fernand, the appellants, and the Assessor, David M. Gardner.

The board was in session to:
            1. Hear real estate and motor vehicle appeals.
            2. See what action the BAA will take concerning appeals on real estate
                previously appealed since the 2012 revaluation.
            3. See what action the BAA will take on the appeals that are heard.
            4. See what action the BAA will take on approving the minutes for the
                September 2016 motor vehicle appeals.
 
Mr. Nocera opened the meeting at 6:31 p.m. The hearings began.
BAA board members swore in each appellant before listening to their concerns.

At 6:35 p.m. the board heard the appeal of Ms. Ping Yu on her 22 Cobtail Way property. From 6:40 p.m. until 7:10 p.m., and from 7:25 p.m. to 8:25 p.m., board members split up into rooms 103, 107 and 114 to hear individual appeals.

Mr. Tourtillotte heard the following appeals:
            • Mr. Joseph Pascal on his property at 23 Cobtail Way.
            • Mr. Mohamed Aly on the late filing of his declaration for Little Mazen Pizza LLC.
            • Mr. Sanjiv Kumar / SPG Avon LLC for not filing a declaration for BurgerFi Avon.
           
Mr. Nocera heard the following appeals:
            • Mr. James Trifiro for Hopmeadow Apothecary.
            • Telsa Inc. on the late filing of the declaration for Antonio’s Restaurant.
            • Mr. and Mrs. Shane Combres on their property at 11 Joshua Drive.
            • Bushy Hill Partners LLC on their Bushy Hill Road property.

Ms. Fernand heard the following appeals:
            • Ms. Karolina Muszynski on her property at 86 Library Lane.
            • Mr. Anthony Lovallo for his property on 21 Cobtail Way.
            • Mr. James Ray for his 2008 Honda Civic, 2011 Toyota Camry, and his son’s 2009 Toyota Corolla.
            • HOP 760 LLC for its 760 Hopmeadow Street property.

Mr. Tourtillotte and Mr. Nocera heard the following appeal:
            • Ms. Kim Brewer for her 1997 Honda CRV.

During a break from 7:15 p.m. until 7:25 p.m., the board discussed the second agenda item. Mr. Gardner distributed an email dated March 3, 2017 with the subject of “Repeat Appeal Letters – 3 of them,” from Mr. Bob DeCrescenzo, town attorney. He also distributed a copy of Section 12-111 of the Connecticut General Statutes, titled “Appeals to the Board of Assessment Appeals.” After reading both hand-outs, Mr. Nocera made, and Mr. Tourtillotte seconded, a motion to deny subsequent appeals on the same real estate property after the assessment on that property was lowered in a response to an earlier appeal in the same revaluation cycle. All were in favor. The motion passed.

At 8:25 p.m. BAA board members entered into earnest and thoughtful deliberations. Mr. Gardner distributed a spreadsheet to board members listing his recommendations. After much discussion and research into the appeals, the following decisions were made. Please note, assessed value will be 70% of market value.

Mr. Nocera made, and Mr. Tourtillotte seconded, a motion to set the market value on the motor vehicle appeal brought by Ms. Brewer for her 1997 Honda CRV at $714 (2016 MV grand list) and $1000 (2015 MV supplemental list). All were in favor. The motion passed.

Mr. Nocera made, and Ms. Fernand seconded, a motion to reduce the market value of the Pascal property at 23 Cobtail Way to $835,000. All were in favor. The motion passed.

Mr. Nocera made, and Mr. Tourtillotte seconded, a motion to reduce the market value of the Lovallo property at 21 Cobtail Way to $900,000. All were in favor. The motion passed.

Mr. Nocera made, and Ms. Fernand seconded, a motion to reduce the market value of the Yu property at 22 Cobtail Way to $600,000. This house had no power while it was in foreclosure, resulting in burst pipes, flooding and leaks. All were in favor. The motion passed.

Mr. Nocera made, and Ms. Fernand seconded, a motion to set the market value of the HOP 760 LLC property at 760 Hopmeadow Street at $1,050,000. All were in favor. The motion passed.

Ms. Fernand made, and Mr. Nocera seconded, a motion to reduce the market value of the Muszynski property at 86 Library Lane to $85,000. All were in favor. The motion passed.

Mr. Nocera made, and Ms. Fernand seconded, a motion to set the market value of the Bushy Hill Partners LLC property on Bushy Hill Road at $40,000. All were in favor. The motion passed.

Mr. Nocera made, and Mr. Tourtillotte seconded, a motion to table the appeal by Mr. Kumar / SPG Avon LLC to waive the penalty and lower the assessment of the furnishings at BurgerFi Avon. Mr. Gardner noted that a declaration has still not been filed. All were in favor. The motion passed.

Mr. Nocera made, and Mr. Tourtillotte seconded, a motion to table the appeal by Mr. Trifiro for the Hopmeadow Apothecary property at 1300 Hopmeadow Street. Mr. Gardner acknowledged that the declaration was not completed properly, so he needed more time to interpret it. All were in favor. The motion passed.

Mr. Nocera made, and Mr. Tourtillotte seconded, a motion to set the market values on the motor vehicle appeals brought by Mr. Ray for his 2008 Honda Civic at $5,800 (2016 MV grand list) and at $5,800 (2015 MV supplemental list); his 2011 Toyota Camry at $6,400 (2016 MV grand list), and his son’s 2009 Toyota Corolla at $5,400 (2016 MV grand list). All were in favor. The motion passed.

Mr. Nocera made, and Mr. Tourtillotte seconded, a motion to set the market value on the Combres
property at 11 Joshua Drive at $742,000. All were in favor. The motion passed.

Mr. Nocera made, and Ms. Fernand seconded, a motion to remove the late penalty for Antonio’s Restaurant upon testimony of the timely mailing of the declaration by a representative from Telsa Inc. All were in favor. The motion passed.

Mr. Nocera made, and Ms. Fernand seconded, a motion to accept the declaration for Little Mazen Pizza LLC, and add the late penalty. All were in favor. The motion passed.

No action was taken by board members on the fourth agenda item. No minutes were presented for the
September 2016 motor vehicle appeals.

Mr. Nocera made a motion to adjourn the meeting. Ms. Fernand seconded the motion. All were in favor. The meeting was adjourned at 8:51 p.m.  

Respectfully submitted,

 

Lorrie McElligott
Commission Clerk