Dec. 20, 2008 — The Department of Planning and Natural Resources cited developer Paul Golden Friday for using heavy equipment to demolish several beachside camping shanties over the previous weekend.
Golden, who plans to build a resort and casino on the property, said the structures were damaged by Hurricane Omar and his insurance company cited them as a safety hazard, insisting on their removal before renewing his policy.
"We respect island tradition and culture," Golden said Monday, "including beach access and holiday camping. I've had the land since 2001 and never demolished a structure, but after Omar our insurance company said it was a safety issue. The policy expired Nov. 28, and they said the only way to secure insurance was by removing all unsafe structures."
Asked about permits, Golden said he was not certain, but believed the law had some allowance for when safety required immediate action.
"They were unsafe," he said. "Someone could have been hurt. I have a small child myself, and a child playing or camping there could have been crushed, killed or severely injured if one of those buildings had collapsed."
The campers disagree that the sites were unsafe after Omar.
"Omar just took the roof, which blew away," camper Julio Encarnacion said earlier in the week. "But the building was solid. We put galvanized roofing back on and raked the area after the storm." (See: "Government Has No Stake in West End Tower, But Project Moving Forward.")
The same families have been camping on that spot for decades.
Golden's use of bulldozers was the problem, said Jamal Nielsen, spokesman for the Department of Planning and Natural Resources on Saturday.
"We cited Paul Golden for violating the Coastal Zone Management Act by bringing in large heavy equipment to the site and demolishing the camping structures," Nielsen said. "In investigating, we found out he did use heavy equipment, and he needed to get a permit before doing so."
So what happens now?
"He can have an administrative hearing, which is scheduled for this Tuesday, the 23rd (of December) and he can either forgo that hearing by rectifying the situation or there will be a fine."
The law allows fines of up to $10,000, Nielsen said. "In the meanwhile, he has been served with an order to cease and desist," he said. "He cannot demolish or build anything in the time being. As to corrective action, I don't think there are any grounds for restitution, being as the property is his and the structures were built illegally, without permits. But CZM has a matrix of penalties and fines for various offenses and we will go according to that matrix."
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