Politics & Government

Homeowners Near Cole Want Tax Assessments To Go To Zero

Three homeowners who are suing the town and schools over damage they say was caused by construction of Cole Middle School are now in dispute with the town over their tax assessments.


The owners of three houses on Sarah's Trace who want their tax assessments dropped to zero are asking the Town Council to allow their tax assessment appeals to be heard again by the East Greenwich Board of Assessors, following what their lawyer argues was unfair treatment.

The property owners say damage was caused by construction of the new Cole Middle School, which abuts their properties.

They filed suit against the town, the school department and a variety of companies involved in the construction of the school in 2011, citing the damage, which they argue is structural in nature.

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Engineering reports from August 2010, which include photos of more than 200 cracks documented in and outside of each house, indicated that houses at 40 and 50 Sarah's Trace are “structurally sound.” In both instances, however, the report recommended monitoring of cracks in parts of the foundation. (A third homeowner joined the lawsuit in October 2011.)

The property owners involved are Chris and Susan Lamendola of 50 Sarah's Trace, Thomas Hogan and Cynthia Peloso of 40 Sarah's Trace, and Keith and Wendy Amelotte of 35 Sarah’s Trace. 

According to letters sent from their lawyer, David Maglio, to members of the Town Council, the homeowners each filed appeals with the town tax assessor, asking for abatement of their property taxes. The tax assessor did not act on the appeal, which gave the homeowners 90 days to file an appeal to the EG Board of Assessors.

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Each of the three property owners filed appeals with the board, which reviewed the appeals on May 8, 2013. In each case, the board refused to abate the property taxes. The next step in the appeal process is to take the matter to Superior Court, which Maglio said Friday he has done.

But Maglio argued in his letter to Town Councilors that his clients should have been notified of the Board of Assessor appeal hearings beforehand. They were not notified. EG Tax Assessor Janice Peixinho confirmed this, while stating the board meets regularly and its meetings are a matter of public record. 

She would not say whether or not property owners are typically notified by mail of Board of Assessor hearings. Peixinho said the board only reviews what is submitted at the time the appeal is filed and that sometimes residents attend the hearings and sometimes they don't.

"I think my clients should be given the right to participate in the process," said Maglio. "I think my clients deserve fair notice and an opportunity to appeal the hearing."

 

 

 


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