PHILIPSBURG--The vote is in. Olzina N.V. will not be granted a variance to its planning/building permit to construct a third floor of apartments on the Cay Hill building commonly called "The Box."
The Island Council met briefly Thursday morning only to vote on the granting of the variance. Six council members voted against the granting of the variance while the remaining five: "caretaker" Public Works Commissioner Theo Heyliger, Democratic Party (DP) council members Sarah Wescot-Williams, Roy Marlin, Maria Buncamper-Molanus and Leroy de Weever, voted for the granting of the variance.
Thursday's proceedings became necessary because of the tied vote on the issue when the council first handled it on Monday. The Olzina case exposed a severe split in the National Alliance (NA)/Heyliger coalition. Heyliger proposed that the council approve the variance and NA leader Commissioner William Marlin petitioned for a vote against the developer's request.
Marlin said his presentation represented the "official" position of the Executive Council while Heyliger's was the position of a "minority" in the Executive Council. The Island Council's vote on Monday evenly divided the council.
The same five who voted for the granting of the variance on Monday did so again on Thursday. DP Councilman Leroy de Weever, in motivating his vote, said he was voting for the granting of the variance because the denial has serious financial consequences for the family that owns Vorst Estate where the building is located.
NA Commissioner Frans Richardson was the tie breaker in Thursday's vote. He was absent with notice from Monday's meeting, leaving the council with only 10 members present. Richardson joined Commissioner Marlin, Commissioner Hyacinth Richardson, independent councilman Louie Laveist, and NA Councilmen George Pantophlet and Rodolphe Samuel in voting against the granting of the variance.
The developer is now expected to continue court proceedings against government in an attempt to still get the variance and not demolish the already under construction third floor of apartments.
The Island Council had to make a decision on the granting of the variance by Wednesday, July 28 or government/taxpayers would have faced a fine of NAf. 2,500 per day up to a maximum of NAf. 500,000 for every day the decision was not taken. It is not clear if a one-day fine would be imposed because the decision was taken on the day after the court-imposed deadline.
Lobby group St. Maarten Pride Foundation had said Wednesday that it "unreservedly supports" the Island Council members who voted against the granting of the variance. The group also said it was not surprised at the position taken by DP Councilman Roy Marlin.
"It does not surprise the foundation that Councilman Roy Marlin dismissed St. Maarten Pride's objections and the Cay Hill Residents' petition, which was signed by over a hundred people, as unimportant as the Councilman's opinion that "permits are frivolous details" has been well documented in local media over the past few years," Pride said.
The group added "Caretaker" Commissioner Heyliger's proposal to grant the permit variance "with an added condition that the company submit and carry out a beautification/greenery plan" is one which would set a bad precedent and may encourage developers to violate permit requirements, considering that the consequences of such a violation would be relatively negligible."
The foundation urged authorities to launch a thorough inquiry into how the developer obtained a building permit which was in clear contradiction of the planning permit he was issued and calls for an investigation of all other irregularities associated with this Planning Permit Variance request.
