April 18, 2007 — Former St. John Administrator Julien Harley and residents alike expressed outrage Wednesday over the passage late Tuesday of a bill that grants a variance to the controversial Sirenusa condominium project. (See "Despite DPNR Objections, Senate Approves Added Units for Sirenusa Condos").
While the developer, Enighed Condominiums LLC, requested a rezoning from R-2 (residential low density) to R-3 (residential medium density), the Legislature gave the developer a variance. This changes the zoning only for Sirenusa, not the rest of the neighborhood, and essentially allows the developer to increase the height of some buildings to four stories.
"Where in the hell is the planner?" Harley said.
Harley, who lives near Sirenusa, said that without a plan for St. John development, projects like this one will continue to plague the island.
At the Enighed Pond marine facility dedication on April 21, 2006, then Gov. Charles Turnbull promised that he would appoint a planner for St. John. And Gov. John deJongh, in his Jan. 22 State of the Territory address, promised St. John a planner, but so far, the governor hasn't followed through.
Government House spokesman Jean Greaux did not return phone calls requesting information on the proposed planner and whether deJongh plans to veto the variance bill.
Harley was outraged that 13 of the 14 senators on the floor when the vote was taken chose to ignore the wishes of a community that vocally and vehemently opposed the request for rezoning at hearings held by both Planning and Natural Resources, and the Legislature.
At the Legislature's March 26 hearing on the rezoning request, (See "Sirenusa Developers Ask Senate for Changes Amid Public Opposition"), the developer packed the Legislature building with its employees, who were given the day off with pay so they could attend the evening meeting.
Harley said that the senators ignored both its own legal counsel's opinion and the recommendations of the Planning staff when approving the variance.
The bill to allow the variance was special-ordered to the agenda Tuesday in the last minutes of the day's Senate session.
On the day after she voted to approve the variance, Sen. Carmen Wesselhoft sent out a press release calling for a 120-day moratorium on large-scale development projects on St. John.
She said the proposed moratorium would cover all new major Coastal Zone Management projects, as well as others valued at over $750,000.
Wesselhoft said the moratorium should begin when the government hires a planner.
Harley, who is retired from the V.I. Fire Service and until recently served as chairman of the St. John Coastal Zone Management Committee, pointed out that St. John has no firefighting equipment that can reach four stories up. He said that should a fire occur that the Fire Service can't put out, the negative publicity for St. John will be huge.
"It will say that the Virgin Islands does not adequately scrutinize plans before they make a decision," Harley said.
He said he can't see much benefit to St. John since most of the workers come over on the ferry from St. Thomas every day.
Harley and others alleged that money changed hands to get the variance through the Legislature.
Another Sirenusa neighbor, who wanted to remain anonymous, said that it was politics that led to the variance approval. She pointed out that former Sen. Roosevelt David is now serving as a consultant to the developer.
David spoke in favor of the project at the Legislature's March 26 hearing on the request for a variance.
The woman and Harley both said the daylong construction noise is terrible. She said it's been happening for nearly two years.
"And the jackhammer has been running for the past couple of weeks," she said.
While the woman said that initially rocks and dirt tumbled through the plastic silt fence into her yard, she said the developer has installed rock-filled gabion baskets to help with that issue.
However, she fears that once the heavy rains start up in the next month or so, she'll again be faced with waterfalls flowing through her yard. She said water flowing from the project has already ruined her driveway.
"They don't care about people living on St. John," she said.
St. John architect Michael Milne called the Legislature's decision disappointing.
He said he would have a tough time explaining to his clients why they can't do something when they develop their projects. "They'll say Sirenusa did it," he said.
Milne said he fears that that the Legislature's decision will lay the groundwork for "worse" to come.
St. Thomas attorney Arturo Watlington, a former senator who represents Enighed Condominiums, said the opposition from St. John residents at recent hearings was an indication of their opinion on the rampant development the island faces, not just Sirenusa.
Watlington pointed out that development brings money to the government coffers.
He said the developer plans to add seven units to the 40 units in 28 buildings permitted under the group dwelling permit. He said those seven units will be added to three buildings. Two of those buildings will have four stories, with the third having three.
John McCann of John McCann and Associates, a St. John-based real estate company selling the condominiums, did not return a phone call.
A John McCann and Associates advertisement in the St. John newspaper, Tradewinds, indicates only 18 units are left unsold.
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