Dear Source:
As reported in the Source story on Golden Resorts' proposed project at Great Pond, the Virgin Islands Conservation Society has obtained a Temporary Restraining Order, which prevents any further work at the project site before the hearing with Judge D'Eramo on Friday, February 6. VICS remains opposed to this project because of the adverse impact this project will have on Great Pond, an APC (Area of Particular Concern), and unique in that it is open to the sea, which allows it to act as a fish nursery, bird habitat, and groundwater recharger.
Mr. Golden has stated he "believes" that the planned resort (a) will have 400 ocean view rooms, (b) the building is currently under permit for six full stories, and (c) the property will be closer to eight stories … The Virgin Islands Conservation Society would like to point out several reasons why Mr. Golden's "beliefs" are at odds with reality.
First, as Mr. Golden admits, the permit that he claims authorizes his development will not allow him to build an eight-story structure.
Second, Mr. Golden sought a zoning variance to build an eight-story hotel after the "default" permit was issued. In response, the Commissioner of DPNR stated that unless a court determined that the covenants and restrictions that are filed on the property are declared invalid, DPNR would not even consider his request. So, Golden Resorts does not have permission in either his permit or under the law to build an eight story building.
Third, those covenants and restrictions limit the height of any building to four stories – making it illegal for Golden Resorts to build either a six story or eight story building.
Fourth, as you note in your article, the latest lawsuit filed by VICS asserts that the permit expired on January 12, 2006 because Golden Resorts did not obtain an extension of the permit from the only entities authorized by statute to grant such an extension, the Commissioner of DPNR or St. Croix Committee of the CZM Commission. The court could not have issued the temporary restraining order without finding that VICS had made a prima facie argument showing that Golden Resorts was acting without a valid permit. Consequently, it appears that the Court believes that VICS has a credible argument that Golden Resorts' permit expired.
It is fantasy to believe that Golden Resorts is anywhere near commencing construction at Great Pond. In addition to the above hurdles, he must still await the Appellate Division of the District Court's review of the findings of fact to be made by the Coastal Zone Management Committee regarding his inadequate initial environmental assessment report (EAR). Mr. Golden's "belief" as to what his (now expired) permit will allow him to do is simply part of that fantasy.
VICS will continue to oppose this project on environmental grounds, using every tool at our disposal, and we are confident that a thorough legal review will bear out our position; that this is the wrong place for a development. Notably, other developers have recently made successful applications for their projects by working with environmentalists and concerned citizens, and by choosing more appropriate locations. Golden Resorts has not learned this lesson, and continues to make public statements that are inaccurate at the least, and blatant "spin" at their worst.
Jason Budsan, VICS Chairman, St.Thomas
Michael Baron, VICS Chairman, St. Croix
Editor's note: We welcome and encourage readers to keep the dialogue going by responding to Source commentary. Letters should be e-mailed with name and place of residence to visource@gmail.com.
