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Clear skies. Low 38F. Winds light and variable.
Updated: November 8, 2022 @ 7:18 pm
The land in Belmont Bay is approved for more than 400 additional homes. The developer wants to build nearly 1,400.
The land in Belmont Bay is approved for more than 400 additional homes. The developer wants to build nearly 1,400.
The developer behind Belmont Bay in Woodbridge is facing a legal fight with existing residents over property access in an escalation of animosity spurred over the company’s development plans for the area.
Belmont Bay LC and Osprey Golf Co. LLC are suing the Belmont Bay Homeowners Association after the resident group announced intentions to block public access to two streets leading to a wedding venue owned by the companies.
The companies are affiliated with The Caruthers Cos., which developed the existing housing in Belmont Bay. Last year, the company submitted an application to amend the conditions of a previous rezoning on 170 undeveloped acres of the property, off U.S. 1 in northeastern Woodbridge.
The acreage, spread across several undeveloped parcels, is currently approved for 411 age-restricted homes, 1.42 million square feet of commercial space and 505 hotel rooms. The company wants to revise those approvals to allow up to 1,390 homes and a mix of commercial uses.
Belmont Bay filed the lawsuit against the HOA on Oct. 24 in Prince William County Circuit Court.
The dispute comes down to who exactly has approved access to Belmont Bay Drive and Harbor Side Street, which provide access to The Osprey’s at Belmont Bay wedding venue.
The HOA contends that the 2002 deed of easements only grants access to the HOA and Prince William County emergency services, not Belmont Bay LC or Osprey Golf Co. It has requested the companies pay a licensing fee to access the road.
The companies, however, say they have always had legal rights to access the roads and the HOA’s action is an “attempt to strong-arm its way into having a voice that it would not otherwise have in Belmont Bay’s rezoning application.”
HOA President K.P. Lau said the association was concerned about the increased traffic on the two roads that would be caused by the proposed development and therefore sought to clarify if the companies had easements to use them. He said the action is not an attempt to force The Caruthers to include the HOA in the rezoning process.
“The rezoning is what got us to question if they had the easement,” he said.
Judge Kimberly Irving issued an emergency preliminary injunction on Oct. 24 barring the HOA from restricting access to the roads through Nov. 4 until the parties could meet in court to determine if the order should become permanent.
In a hearing Friday, Judge Alfred Swersky extended the order until Nov. 15 at the request of Belmont Bay.
Marla Diaz, who is representing the HOA, said the emergency injunction does not prove the company is legally justified, since it was issued solely based on information provided by Belmont Bay.
“The Association does not believe there is any merit in the lawsuit and intends to defend the lawsuit vigorously,” she said.
The HOA and many residents have opposed the project since it was announced last year. They are concerned about parking, changes to the road network, the amount of density proposed and not being consulted about the project.
The developer has estimated construction would cost $550 million and occur over 10 years.
Prince William County has not scheduled any public meetings on the rezoning applications.
The lawsuit is scheduled for a hearing at 9:30 a.m. Nov. 15.
Nolan Stout covers Prince William County. Reach him at [email protected] or @TheNolanStout on Facebook and Twitter.
The company behind the expanded Belmont Bay development has submitted a revised application …
When developers submit proposals that require local government approval, the projects typica…
Nolan Stout covers Prince William County. Reach him at [email protected] or @TheNolanStout on Facebook and Twitter.
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