TIVERTON -- In September, the town's tax assessor and town administrator told North Tiverton residents -- whose homes have become difficult or impossible to sell because of soil contamination -- that they could apply for tax abatements until Dec. 31 despite an Oct. 1 deadline.
About 40 to 50 homeowners delayed filing the abatement forms, awaiting environmental reports that would support their claims for tax breaks.
But assessor John Gancarski has denied saying residents could wait an extra three months and still be eligible for reduced taxes this year.
At Town Council meetings Monday and Oct. 10, Gancarski insisted he told residents they could file up until Dec. 31 for "informational purposes only." Gancarski said he wanted an idea of how costly abatements would be for the following year.
He said he told affected residents that they won't be considered for an abatement if they did not file by Oct. 1, which is state law.
The tape recordings of the Sept. 8 conversation tell a different tale.
"One thing I can tell you is, as far as the abatements are concerned, the tax assessor has agreed to take abatement requests from all of those properties beyond the deadline," Town Administrator James F. Towers said. "... He has told people from that area, whether it was publicly at previous Town Council meetings or personally when they come in that we will as a town continue to take abatement requests beyond the deadline typical for abatements."
Council vice president Manuel Cabral said, "And that should happen."
"And it's happening," replied Towers.
Shortly after, Gancarski said, "I just urge everyone to file a form with my office, and we're waiving the ninety-day requirements, which ends on October first so you can just file the forms."
Less than a third of the residents in the affected area filed by Oct. 1, Gancarski said yesterday. A dozen or so came in after the deadline, he said.
Representatives from the neighborhood group ENACT (Environmental Neighborhood Awareness Committee of Tiverton) say more than 40 homeowners filled out abatement requests together just two weeks ago. ENACT member Gary Rose asked the council Monday to still accept the forms because of Gancarski's mistake.
Council members said it appears the town is "bound" to the state law. They and other town officials told ENACT to get tax lawyers, advisers or specialists to help them.
Interim Town Administrator Christopher Cotta said the town, in his opinion, had no knowledge of the contamination until January of this year, therefore making the tax assessments valid. The tax assessments, which came out in December 2002, set the tax bills that were sent out in July. The abatement requests, if approved, will reduce their July tax bills.
"I'm not trying to say what you are or aren't entitled to, but this is my opinion," Cotta said. "The [contamination] had no impact as far as the utilization of the properties goes [until after January]."
He said the residents will have a better chance of getting an abatement next year, provided they file the necessary forms by Oct. 1, 2004.
Gancarski also said because he doesn't have much information from the residents, he's not sure what abatement amount should be given to the residents who did file on time.
"I don't have test results," he said. "I don't have bank statements telling residents they can't refinance. I don't have people telling me they can't rent their apartments. I have nothing.
"I can't just say sure, I'll give everyone $500. I have to be able to quantify how the market in the area has been affected by the soil contamination or stigma of a moratorium."
Gancarski says house sales were not affected through April, which is as far as he's gone with his research. He's working with the state office of municipal affairs, the international association of assessors office and a few veteran tax assessors around the state to help him with the matter.
"If I could extend the deadline, I would," Gancarski said yesterday afternoon. "But I can't."
ENACT president Gail Corvello said that's not enough and she's tired of being misled. She said her group is planning to take legal measures.
"I'm very frustrated," she said. "We've been misinformed and misled all the way down the road."
Councilors Louise Durfee and Donald Bollin agree the residents were misled. In a telephone interview yesterday, Durfee said, the tax assessor put the town out on a limb by his earlier statements and she doesn't blame the residents if they take legal action.
Alisha Pina can be reached by e-mail at apinaATprojo.com or by phone at 253-1200.
