Date: Fri 20-Nov-1998

Publication: Bee

Author: ANDYG

Quick Words:

sewer-assessment-appeals

Full Text:

Court Slated To Hear Sewer Assessment Appeals

BY ANDREW GOROSKO

The town is scheduled to appear in Danbury Superior Court November 20 for

pre-trial conferences stemming from about 30 sewer assessment appeals that

were filed against it last spring.

Each of the appeals is a separate case challenging the sewer assessment the

town has set on individual properties with access to sanitary sewers. The

assessments are intended to reflect the amount of money that access to sewers

adds to a property's market value.

Some of the appeals are complex while others are simple, said Public Works

Director Fred Hurley. How long it will take to resolve individual appeals will

be based on the nature of the specific complaints, he said.

Attorneys Cohen and Wolfe, PC, and appraiser Lesher-Glendinning Municipal

Services are representing the town in the lawsuits.

The various appeals allege that the sewer assessments levied by the town are

too high. Through the lawsuits the plaintiffs seek to have a judge reduce the

sewer assessments.

In general, the lawsuits contend that the WPCA has overestimated the market

value that will be added to the various properties by their access to

municipal sanitary sewers, thus adversely affecting the marketability of those

properties.

In the aggregate, the sewer assessments being contested amount to almost $4.4

million.

Most of the lawsuits have been filed by property owners with commercial or

industrial holdings, representing the real estate with the highest sewer

assessments.

The WPCA has set the standard residential sewer assessment at $9,900, rather

than attempting the complex task of calculating the specific value that access

to sewers adds to each residential property.

In the case of non-residential properties such as stores, businesses,

factories, schools, churches, and various public buildings, the WPCA

calculated the specific value that sewer access would add to those buildings.

In most cases, non-residential properties have much higher sewer assessments

than residences.

Contested Assessments

The sewer assessments being contested in descending order are: Newtown

Shopping Village Limited Partnership for Newtown Shopping Center at 6 Queen

Street, $601,400, and at 8 Queen Street, $54,090; Eton Centers Company for the

Grand Union Shopping Center at 5 Queen Street, $497,520, and 26 Church Hill

Road, $22,209; Nancy B. Keefe (Gypsum Specialists), 20 Commerce Road,

$493,160; Charter Communications/Entertainment I, Limited Liability

Corporation, 11 Commerce Road, $352,118; The Taunton Press, Inc, 52 Church

Hill Road, $171,684; 10 Mile Hill Road, $112,770; and 6 Mile Hill Road,

$48,510.

Other lawsuits involve: John Morganti and Sons, LLC, (office building) 30

Church Hill Road, $213,363; Martin Bennett, (US Post Office), 5 Commerce Road,

$208,980; Sonics and Materials, Inc, 55-A Commerce Road, $176,490; National

Shooting Sports Foundation, Inc, 11 Mile Hill Road, $175,770; Five Industrial

Park Associates, 14 Commerce Road, $173,790; and Pepper Partners Limited

Partnership, (total of four sewer assessments, $163,440); including 37 Church

Hill Road, $55,350; 47 Church Hill Road (Church Hill Gas Stop) $38,790; 18

Church Hill Road, $35,460; 14 Church Hill Road, $33,840.

Also contested are: TUV Rheinland of North America, Inc, 12 Commerce Road,

$153,546; Michael and Valerie Sorrentino, (total of two assessments,

$130,590), including 59-61 Church Hill Road (Newtown Hardware/Drug Center)

$120,690 and $9,900; Lexington Gardens of Newtown, Inc, and George H. Cladis,

Lexington Gardens, 32 Church Hill Road, $114,930; Spiro Rountos, (shopping

center) 43 South Main Street, $99,083; Newtown Country Club Realty Corp,

Newtown Country Club, 3 Country Club Road, $96,390; Technical Investments,

Inc, 14 Church Hill Road, $81,900; Bryson M. Filbert, Jr, and Richard and Nina

Frankonis, (retail/office), 34 Church Hill Road, $68,130; Newtown Chiropractic

Health Center, Inc, 54 South Main Street, $58,140; Exit 10 I-84 Associates,

(John Morganti and Sons, LLC, and Quarter Mile Company, LLC), (bank), 1

Commerce Road, $57,420; and William Pitt Real Estate Limited Partnership,

(offices) 13 Church Hill Road, $44,910.