May 29, 2007 — News that the Legislature overrode the governor's veto of a vote to give the controversial Sirenusa condominium project a variance to increase density evoked outrage, anger, shock and disbelief from St. John residents Tuesday.
"Oh my God," was the first reaction of many people called for their reaction to the news. Gov. John deJongh Jr. vetoed the measure May 10. (See "Governor Vetoes Sirenusa Legislation.")
Sirenusa developer Carlo Marzano of Enighed Condominiums LLC said he was pleased with the senators' vote. He said they looked through the facts and cut through the "BS" to evaluate the financial, physical and legal impacts of their vote.
"A lot of people are going to speculate there was corruption. That's absolutely not true," Marzano said. Voters select their representatives to look at the facts and make informed decisions when deciding what's best for the territory and St. John, he said.
The variance changes the zoning from R-2 (residential low density) to R-3 (residential medium density) specifically for the Sirenusa project. The change gives Sirenusa seven additional units added to three buildings. Two of those buildings will have four stories, with the third having three.
As word went around St. John about the override, the Source's phone began to ring with people asking if the news could possibly be true. People are worried that the infrastructure can't handle the extra units, and St. John residents expressed anger at senators for disregarding the island's very vocal and large opposition.
"I really don't know what to say," said former St. John Administrator Julien Harley.
After he thought for a minute, he said he was amazed that all but Sen. Louis P. Hill voted for the override, because of the huge outcry from the senators' constituents on St. John.
St. John had come out loud and clear against the rezoning, begged deJongh to veto the initial legislation and bombarded the senators with emails, faxes, phone calls and a petition with 1,100 signatures to ask them not to override the veto. (See "Community Groups Urging Governor to Veto Sirenusa Legislation and Petition Drive Aimed at Upholding Governor's Veto of Changes to Sirenusa Project.")
St. John resident Sharon Coldren, who helped organized the anti-variance campaign, said those who opposed the variance are now figuring out their next step. She said earlier that a lawsuit would be filed.
Harley expressed hope that the veto override would not signal the end of good relations between the senators and the governor.
The senators' decision to bring the Sirenusa issue back to the floor did not surprise the governor, since 13 of the 14 on the floor April 17 voted yes for the variance, said deJongh spokesman Jean Greaux. (See "Despite DPNR Objections, Senate Approves Added Units for Sirenusa Condos.")
It was unfortunate that the senators did not share the governor's concerns about the project outlined in his veto message, or those of the residents concerned about zoning and development, he said.
"It is required that we stand up and take account of the community's interests and concerns rather than the special interests of a few in making important moral and legal decision," Greaux said, reading from remarks made by deJongh.
In his veto message, deJongh wrote that while the proposal may have had some beneficial economic impacts, “the Virgin Islands Zoning Code requirements were dispensed with, thus depriving parties of due process and demonstrating a disregard of existing law, which my administration cannot condone.”
DeJongh further pointed out that specifically and without limitation, the suggested zoning variance contained in the bill is not authorized by any zoning laws of the Virgin Islands. In addition, the governor said, “because the Virgin Islands has a finite amount of real property available for construction, especially on the island of St. John, the strictures of the zoning code must be observed to effectuate the policies set forth therein.”
The project has been controversial almost since its inception. In 2006, the developer started work on third stories not included in its group-dwelling permit, but was stopped by the Planning and Natural Resources Department. At that time, the developer claimed that it had approval for the third story, but then-Planning Commissioner Dean Plaskett said his department never received a request for a modification.
St. John resident Catherine Fahy told Sen. Carmen Wesselhoft at an April 20 Rotary Club of St. John meeting that voters elected her to vote in their interest. (See "Angry Residents Confront Wesselhoft for Sirenusa Vote.") After hearing the override news, she said it's clear that the senators don't care what St. John wants.
"They're saying St. Thomas is ruined, St. Croix is ruined," Fahy said. "St. John doesn't get to be special. We're going to ruin you, too."
St. John resident Lisa Durgin said she was angry senators didn't listen to the outcry from St. John.
"They don't want us to be a crown jewel," Durgin said. "They want us to be a dump."
St. John resident Alfredo Alejo, who lives near Sirenusa, called it a slap in the face for St. John residents.
"They followed their own personal agenda," he said. "They're not supposed to do that. They're supposed to follow the will of the people."
Voters elected the senators to represent them and their wishes, Alejo argued.
"What are they thinking?" he asked
Former Sen. Craig Barshinger, a St. John resident, called it a sad state of affairs when the Legislature ignores what St. John has to say "and instead listens to an off-island developer."
While some legislation has gray areas, this one did not, said Barshinger, who served in the 25th Legislature. This was a case where the developer chose to build something that was not permitted, but gets rewarded with a variance, Barshinger said.
While the Sirenusa project was a tragedy from Day One that changed the flavor of St. John, said St. John resident Terry McKoy, some locals favored it.
"We all have to live together," he said.
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