DOESN’T HOLD WATER

Westmount yacht club appealing tax assessment.

The Dobson Yacht Club is appealing a tribunal ruling on its tax assessment for multiple years, arguing that both the club building and land for the Westmount property were overvalued by the assessor.

The Nova Scotia Utility and Review Board has scheduled a public hearing into the club’s application, beginning June 14. The appeal covers the years 2014-2017.

The decision of the Nova Scotia Assessment Appeal Tribunal which has been filed with the NSUARB as part of the yacht club’s appeal, states that the yacht club argued the property was overvalued “as it was compared with lands in the neighbouring industrial park and the lands were subject to flooding and a sewer outlet adjoining the water lot.”

The decision, issued following a hearing that took place on June 20, 2017, notes that the issues are similar for the 2014 and 2015 assessment years, which are also under appeal and being heard concurrently.

The tribunal had heard evidence from Frank Elman, who presented on behalf of the yacht club, that the southwest corner of the property has sewer pipes that discharge raw sewage into Sydney harbour. When winds blow in the wrong direction, sewage and other material flushed into the sewer lines drift into the area where boats dock.

The property has a residential zoning although it has never been used for that purpose and, in its arguments, the yacht club described it as having limited value for housing and, while the neighbouring industrial park has water and sewer services, curb and gutter and street lighting, the yacht club property does not.

The yacht club’s case noted the building on the property has had no renovations in more than 10 years and in determining its value it should be compared with other halls in the area.

Dan McCarthy, commodore of the yacht club, told the tribunal that the boating community and the Dobson are losing members, with the number of members, boat docks rented and winter storage on the decline each year. He said it would be a difficult property to sell and the sewer issue reduces the enjoyment of the property.

The club currently has about 150 members.

In contrast, an assessor told the hearing she allowed a 35 per cent decrease in value due to the flooding in determining an overall value for the property in 2016 to be $235,200.

The appeal tribunal did find that the sewer discharge negatively affects the value of the land and allowed a reduction for it and for the building and set the total assessment for the land and building at $209,000.

The NSUARB hearing into the Dobson Yacht Club assessment appeal will take place at the Holiday Inn in Sydney on June 14 at 9:30 a.m.