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Kennebunk BAR continues abatement hearing for 7 McKenney Lane after late evidence withdrawn
Summary
The Board of Assessment Review granted a continuance for the abatement appeal of 7 McKenney Lane after the applicant sought to submit documents at the hearing but withdrew them following an objection by Assessor's counsel; the Board set a deadline for supplemental materials under existing filing rules.
The Town of Kennebunk Board of Assessment Review on April 15 granted a continuance in the abatement appeal for 7 McKenney Lane after the applicant attempted to submit documentary evidence at the start of the hearing and then withdrew those materials when counsel for the Assessor objected.
Robert Fiore spoke for the applicants and described multiple comparable sales he said show the property is overvalued. The subject property's current assessed value is $1,363,100 (land $1,115,900; building $247,200). Mr. Fiore cited an abutter at 24 Western Avenue assessed at $840,000 and a recent $1.7 million sale at 12 McKenney Lane as elements supporting his appeal, but he acknowledged he had not obtained a formal appraisal.
Assessor's staff and counsel defended the mass appraisal process. Assessing Director Dan Robinson told the Board the mass appraisal model uses a base lot size of two acres and that larger lot size alone does not automatically increase assessed value; he also said office staff performed an in-person inspection and that some comparables cited by the applicant were not appropriate (for example, 24 Western Avenue fronts a busier street transitioning toward commercial use).
Citing the Board's Rules of Procedure, counsel for the Assessor objected to accepting documentary material submitted at the hearing because submissions must be filed at least ten days in advance. To preserve the applicant's opportunity to supplement the record while respecting procedural deadlines, Member Thomas Wellman moved to continue the hearing; Member Wayne Berry seconded and the motion passed 3-0. The Board left the record open for the applicant to provide supplemental materials in accordance with filing rules.
