Suffolk marina and restaurant in hot water over expansion

SUFFOLK

Most folks driving on Route 17 through north Suffolk have seen the little marina and restaurant as they cross Bennetts Creek  - rustic, old-school, located at the dead-end of a country road, framed by pristine marshes.

In recent months, however, the Harbour Side Marina and Restaurant, a local landmark known for years as Bennetts Creek Marina and Restaurant, has been in hot water with state and local regulators.

They are concerned that the new owner, Nat Compton, took advantage of a waterfront-construction exemption following Hurricane Isabel in 2003 and expanded his facility without environmental permits.

The case illustrates the maze of regulatory agencies that are supposed to manage shoreline developments, including piers, marinas, hotels and bulkheads, and how difficult enforcing the rules can sometimes be - especially in the wake of a major storm that destroys those structures.

The Virginia Marine Resources Commission tried Tuesday to bring some closure to the complex Suffolk case, though officials conceded that more bridges must be crossed.

For one, the 46-slip marina still lacks a state health certificate, which is required for any such business to operate. The certificate lapsed when the previous owner sold the place to Compton about eight or nine years ago, according to state records and officials.

The marine commission, which regulates coastal ecosystems, affirmed an earlier Suffolk Wetlands Board decision that required Compton to remove most of the floating piers installed after Isabel, and to yank up an unpermitted outdoor deck where dining and partying often occur on warm nights.

At the same time, the commission lifted a temporary ban that shut down a section of the restaurant where tinted glass windows offer panoramic views of Bennetts Creek and its shoreline wetlands.

State officials said the special section was approved in 1992 - before Compton bought the facility - as a screened, outdoor waiting area, not as a covered dining room.

The section was open for business by noon Tuesday.

Compton, a fisherman by trade, said he remains baffled by what he did wrong, claiming that other state and federal agencies told him to proceed with his reconstruction plans after Isabel.

He noted that former U.S. Sen. George F. Allen said as much, too, during a marina tour after the hurricane. Under an emergency decree from then-Gov. Mark R. Warner after the storm, people who lost waterfront structures could rebuild without new permits if they stayed within the same footprint and could prove it.

Ben Stagg, an environmental manager with the state marine commission, said Compton's reconstruction plans, which he drew by hand, went "way beyond the existing footprint" and would not likely have been approved if presented that way.

The state got wind of the expansion because of complaints from neighbors, who noticed increased boat and car traffic, more outdoor parties and more noise.

About 50 people presented a petition to the Suffolk Wetlands Board in March, urging that after-the-fact permits for the deck and floating piers be rejected and the structures removed. "Give us our quiet, peaceful community back," said David Saunders, one of the petitioners.

There is no timetable for the structures to be removed, with Suffolk and state officials saying they will discuss their next moves. Compton also can appeal Tuesday's decision to a state Circuit Court.

The case has been delayed multiple times, which has complicated matters. Compton asked for continuations twice because he said he was bitten by a spider. His attorney resigned about a month ago, and on Tuesday, Stagg said Compton contacted the state just before 9 a.m. to say he was having car trouble and might not get to Newport News for a hearing.

"It's been different," Stagg said afterward, shaking his head, "I'll say that."

Scott Harper, (757) 446-2 340, scott.harper@pilotonline.com