10/12/1999 BOARD OF ASSESSORS Minutes

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` RECIEVED O'Ch BOAR D OF AS SeES MASHP Anne Maxwell Livingston, Esq. 14 lowland Avenue Jamestown, Rhode Island 02835 401-423-3374 October 6, 1999 i Tac Assessor Town of Mashpee 16 Great Neck Road North Mashpee, Ma 0264 Dear Sir: Please consider this letter an appeal from the decision of the Tai Assessor regarding . takes assessed on the sale of two lots by James William Maxwell on August 13, 1999. The lots are identified as 27 Melissa Avenue map 21 Lot 13 and 110 South Sandwich Road (map 21 Lot 11). These two lots had recreational land tax liens placed on them on November 16, 1991 pursuant to Massachusetts General Laws Chapter 61 B.in 1991 by Fruth Besse and Janes William Maxwell, who had the intention of holding them indefinitely. Ruth Besse Maxwell died on November 16, 1993. Mr. Maxwell's health and financial i circumstances deteriorated after the death of his wife, and in 1996 his laugher det rmined that the land should be sold. Some legal work was necessary to clear title to the properties, and a survey was performed. Finally in January of 1998 the lots were formally listed for sale through a real estate agent. The listing price was $268,200, the assessed value of the two lots. After further research by the agent into surrounding property values and receiving no } offers except an oral offer of $100,000 it became apparent that the lots were overvalued. In June, 1998 there was another low offer, then an offer of $160,660, which was accepted. Tlie land was actually sold on August 13, 1999. During the 14 month interim the buyer did extensive research into whether he could develop the land, and the Town of Mashpee was notified of the impending sale as required by Chapter 61 B. Based on the purchase price of $160,000 Ills. Maxwell expected to pay a penalty of $8,006 because of the recreational easement. Instead the penalty owing was $16,949.91, made up of $11,617.12 past takes and $7,332.79 interest. The size and 5