Dear Donna Koch, Northport Village Clerk:
Attached please find copies of the 1988 documents (covenants and restrictions and Village Resolutions) pertaining to f/k/a Admirals Yacht Club.
It appears that all officials and agencies do not have copies of these documents, nor are they ever enforced.
I was present, with many of my neighbors, at a ZBA meeting on Feb. 23, 2010 and the ZBA did not have the documents, nor did "applicant" T-Mobile seem aware that Britannia is limited to marine use. (Editor's Note: T-Mobile has applied to construct a 60-foot cellular communications tower on the northwest corner of the existing Britannia building.)
It would seem that the village's failure to enforce the restrictions despite numerous resident complaints has left Britannia confident they can defy and ignore the binding documents that allow them to exist.
The ongoing violations include but are not limited to the existence and operation of the restaurant, the noise, the property use, the April 15 yearly provision on land use, and the signage- all of which are in direct defiance of the 1988 documents.
It would seem that the "marine use" provision should have precluded the T-mobile application in the first place.
My neighbors advise me that there is no compliance officer who will respond to complaints and the police refuse to act or respond properly to complaints regarding Britannia and their violation of the covenants, restrictions and Village Resolutions of 1988.
If the village does not act, residents have only a few specific remedies. As detailed in the attached documents, the provisions are specifically enforceable by the Village of Northport, presumably on behalf of the residents who recently received their tax bills.
Please provide a copy of these documents to all applicable Northport Village employees and officials.
Please let me know that these documents were received as my neighbors and I await a response.
The matter is now urgent and I hope that the Village will act properly with respect to Britannia's failure to comply with enforceable legal restrictions which are to be specifically enforced by the Village of Northport.
Northport, NY 11768