June 20, 2003 – While the Senate Planning and Environmental Protection Committee approved two Coastal Zone Management permits at its meeting Friday on St. John, the lawmakers expressed concerns about some Planning and Natural Resources Department's CZM procedures.
At issue was an application from Gallows Point Condominiums to renew its submerged land permit for a 12' by 12' wooden swim platform and to build a 57-foot wooden walkway along the shore.
The Legislature's attorney, Yvonne Tharpes, and CZM attorney Julita DeLeon disagreed on whether Gallows Point needed a major land and water permit or a minor water permit. After bickering on and off the floor, the matter was resolved and the senators quickly approved the application for a minor permit.
DeLeon contended that because the value was under $75,000 a minor permit was sufficient. Tharpes argued that because the boardwalk was a land-based structure it needed a major permit.
"We need to be clear as to how we proceed," Sen. Almando "Rocky" Liburd said, noting that DPNR is quick to stop projects if there are permit problems.
The condo association plans to build the walkway along the shore with a ladder at the seaward end so its guests can enter the water off Gallows Point without having to go across a rocky beach. "It's an enhancement to make it easier for people to get into the water," Leonard Otley, Gallows Point manager, said. He estimated the walkway cost at about $35,000.
Gallows Point's permit for the swim platform expired in 1996. Otley said the renewal was delayed by changes in management and other matters at the condominium complex.
The condo association will now pay $3,000 a year for its submerged land permit, up from the previous rate of $400 a year. The permit is good for 10 years.
The committee also approved the renewal of a major CZM permit for Red Hook Marina Inc. The 10-year permit is for a 216-foot dock, a mooring area, replacement of pilings and occupancy of buildings on land leased from the government on St. Thomas's East End. The company has provided water taxi service from the site for many years.
Tharpes wanted vaguely worded financial references in the permit to be more specific. Red Hook Marina owners Per and Lynn Dohm had negotiated with CZM officials to defer an increase in their fee because of financial hardship and agreed to discuss the matter again in two years. They now pay $18,648 a year for their permit.
Tharpes said CZM can make the wording clearer before it issues the final permit.
Sen. Louis P. Hill, the committee chair, told DeLeon that he would like to have background information on CZM permit requests such as Red Hook Marina's oil spill plan included as part of the information sent to the Legislature.
Committee members present were Sens. Roosevelt David, Adlah "Foncie" Donastorg, Hill and Liburd. Absent were Sens. Carlton Dowe, Shawn-Michael Malone and Ronald E. Russell.
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