105.2009
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASES
COMMENCED BY MICHAEL CANTANUCCI
RESOLUTION NO.:105, 2009
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, Michael Cantanucci previously commenced Article 7 Real Property Assessment
Review cases in 2005 - 2008 against the Town of Queensbury concerning the assessment on certain
property located at 39 Brayton Lane, Town of Queensbury – Tax Map Nos.:239.12-2-70 and 239.12-
, (
2-89.2hereinafter the “Property”), and
WHEREAS, the Town Assessor has reviewed the cases with Town Counsel and the Assessor
has recommended a settlement proposal to the Town Board, and
WHEREAS, it is anticipated that the Lake George Central School District will approve the
proposed settlement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending
Article 7 proceedings filed by Michael Cantanuccias follows:
1.The assessments on the Property on the 2005, 2006, 2007 and 2008 assessment
rolls shall be set as follows:
39 Brayton Lane, Town of Queensbury - Tax Map No.: 239.12-2-70:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2005 $4,500,000 $3,900,000
2006 $4,500,000 $3,800,000
2007 $4,500,000 $3,700,000
2008 $4,500,000 $3,600,000
39 Brayton Lane, Town of Queensbury - Tax Map No.: 239.12-2-89.2:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2005 $117,000 $117,000
2006 $117,000 $117,000
2007 $117,000 $117,000
The provisions of Real Property Tax Law Section 727 (RPTL §727) shall apply only to that
portion of the Property identified by Tax Map No. 239.12-2-70, meaning that subject to the
provisions of RPTL §727, the assessed valuation of the parcel identified by Tax Map No. 239.12-
2-70, appearing on the 2009, 2010 and 2011 assessment rolls, shall be $3,600,000.
and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs that any over-payment of taxes
based upon the assessments prior to reduction for the years 2005, 2006, 2007 and 2008 shall be
refunded, without penalty or interest, by the Town (and School District) in amounts proportionate
to receipt and such refunds shall be paid within forty-five (45) days after service upon the taxing
authorities of the Order approving settlement with Notice of Entry, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Assessor, Town Budget Officer and/or Town Counsel to execute settlement documents and take any
additional steps necessary to effectuate the proposed settlement in accordance with the terms of this
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Resolution.
rd
Duly adopted this 23 day of March, 2009 by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
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