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Open Letter to Northport Village:1988 Britannia Covenant Not Being Enforced

Residents in the area around Britannia Yachting Center say the owner is not following 1988 covenant requirements and may have tried to have it lifted.

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.

Thank you, 

Jill Plosky
Milland Drive
Northport, NY 11768

Kelly Campbell March 02, 2011 at 06:29 PM
If we're going to persecute the tenants, we should include the Village Deli and Bagelry. Nice deli, by the way. But doesn't the covenant say that, while "a provisions" store is allowed to exist to sell things like ice, sandwiches, marine-related items, et al, it's only allowed to be on the lower level of the chandlery building and was specifically restricted from facing Route 25A. I am not sure why this is, but it is what the BZA mandated at the time of the covenant. It's also only supposed to operate "in season," or from April 15 through November 15. I am not sure, however, if it is open for business right this moment.
Andrew Aberham March 03, 2011 at 05:12 AM
I want to thank Mr. Phillips for his suggestion of a meeting with the owners of the Whales Tales restaurant. As a general principal, I am always open to sitting down and working out differences. I don't know what representations were made to the restaurant by the owner when they were negotiating the lease but something went terribly wrong. I can't tell you how many restaurant leases I negotiated in my career but they are too too many to remember. I can say that one of the principal questions a potential restaurant tenant asks early on in a negotiation is, is the use permitted at this property? A restaurant installation in most cases requires a major capital expenditure. I find it incomprehensible that a tenant would sign a lease without performing their due diligence including a thorough examination of the Certificate of Occupancy and the use restrictions. I sympathize with the owners Whales Tales and I am sure they are wonderful people as also are most residents surrounding the marina, but it still remains that the residents are the aggrieved parties. Our intention here is not to hurt the restaurant owners, just to be able to enjoy our homes and live in peace as we once did for the many years past.
db April 20, 2011 at 04:08 PM
Why don't you people give it up. There was a Marina there before you. You knew it was there when you purchased your homes. Now all of a sudden it a big deal. Lets go back to 1988? Better yet lets go back to when the old Scudder house was there and you ass holes were not. You bought there you suffer the consequences. Stop your pissing and moaning.
Kelly Campbell April 20, 2011 at 06:57 PM
In defense of the homeowners, I have to say once again, that even if the marina was there when they moved in, they had every right to expect covenants to be enforced by the village. I live on Main Street and it gets kind of loud at times but I definitely knew what to expect and the noise does not rise to the level of a crime. I am a city person at heart, so this is like nothing to me. I think everyone is different, though.
John T April 14, 2013 at 02:53 PM
One time a medical emergency happened there and the cell phones connected to Connecticut EMS

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