Marina Club, restaurant reopen

By TOM STAUSS Published

4 December 2022 Captain’s Cove Currents

New lawsuit filed

Pool remains closed as roof project continues

The Marina Club reopened Feb. 24 as the roof replacement project has made substantial progress. The restaurant reopened for business Feb. 24, and March has a full slate of live entertainment scheduled.

The indoor pool, however, remains closed, as this is the area of the roof project which has required the most extensive reconstruction.

In an e-blast issued in mid-February, Senior General Manager Colby Phillips said that the flat part of the Marina Club roof had been completed

Birckhead litigation

From and will also mean that Aqua will be able to include its costs to defend in its next rate case, thus causing water and sewer rates to be increased by its Captain’s Cove customers,” Hearn said.

The Cove Currents has learned that the plaintiff’s attorney indicated that he would be adding Aqua as a defendant to comply with the judge’s order.

The judge allowed other issues in the case “to go forward” to discovery without making any

From Page 1 and all HVAC and refrigeration equipment has been returned to the roof and turned back on. the authority to exempt Stonewall Capital from paying assessments on 30 lots it purchased from CCG Note in Sections 1, 7 and 10 in 2019. The suit quoted Jim Silfee, a CCGYC director and investor in CCG Note, as “falsely” stating that Stonewall Capital was exempt from paying assessments.

“The shingles will be started in about two weeks. The weather has set the contractor back on starting these right away due to a previously scheduled project,” she said.

The project began in early February.

The pool closure could last for up to 90 days.

Gillis Gilkerson of Salisbury is the general contractor firm on the project, assisted by sub-contractors language.

An original cost estimate of $400,000 was for the roof only, and ancillary costs not included in the original estimate is the reason for the expected higher final cost.

Hearn said no such charge and that “bulkheads on the gut required for any of the hundreds waterfront. In addition, there is the Army Corps of Engineers such a bulkheading activity into

The roof replacement project is quite involved. It includes removal of all the HVAC equipment, gas lines and vents from the roof, using a crane, and then putting it all back.

Hearn acknowledged that the declarant/developer can’t delegate the dues exemption it enjoys to a buyer of lots in multuple sections of Captain’s Cove, and could only do so if a buyer purchases an entire section.

The not-to-exceed cost of the project is $650,000, according to the agreed upon contract judgments on their validity, Hearn said.

But he said the plaintiffs seem to be unaware that CCGYC is billing Stonewall Capital for the annual dues of the 30 building lots it owns.

He said that stormwater, erosion control permits have been obtained from Accomack County in anticipation ing Seaview Street at some date But CCGYC is still awaiting U.S. Army Corps of Engineers, whether and when that might happen.

During the estimated 22-day closure of the building, refrigeration trucks were moved on site to protect inventory from spoiling.

With the reopening of the Marina Club restaurant, that phase of the project is complete.

“They’re not exempt,” Hearn said.

Another issue to be resolved in the suit is a contention that CCG Note has failed to pay $50,000 per year to CCGYC pursuant to the 2012 settlement agreement.

Indeed, the Cove Currents has been informed that Stonewall Capital appears on an accounts receivable list of property owners who are delinquent in paying annual dues to the CCGYC.

An additional protective ventilation layer is being added to the substructure under the roof, to prevent the sort of moisture build-up that caused much of the roofing in the indoor pool area to deteriorate.

There is no governing document Cove that obligates the declarant/developer complete road construction in Sections 13 in the community, and it’s 2002 that CCGYC is responsible provements according to an amendment Declaration in that year.

“To say this hearing was some great victory for the plaintiffs as has been said on social media isn’t factual,” he said.

In remarks during the Feb. 24 Operating Committee meeting, committee Chairman Mark Majerus said on advice of counsel his only update on the case would be a “no comment.”

The plaintiffs allege that CCGYC does not have the authority “to charge assessment-paying members the cost of constructing a bulkhead along Starboard Street, a cost that should be paid by CCG Note.” According to the suit, the association is proposing to install a bulkhead along the edge of Starboard Street abutting CCG Note lots at the expense of the Cove association.”

Adjustments will be made to protect equipment with moisture control, with 50 to 60 percent humidity the target, along with a pool temperature of 82 degrees.

The building’s roof is mostly shingle but there’s a large area not visible from the ground where equipment is mounted on a flat roof.

The suit repeats a complex argument earlier suit, alleging that CCG Note in violation of restrictive covenants Captain’s Cove numbered residential lots to the former Captain’s Cove pany operated by Hearn, which to Aqua Virginia.The lots, consisting acres, were set aside for possible rapid infiltration basins (RIBs)

The CCGYC deed restrictions

All areas are undergoing structural repairs.