A permitting error that allowed for construction of a gas station to begin in Estate Adrian drew criticism from St. John residents and Sen. Janelle Sarauw Tuesday at a public zoning hearing in Cruz Bay.
The hearing was held at the St. John Legislative Annex to gather information and public comment on a proposed use variance for the one acre parcel, which is owned by Senator at-Large Brian Smith but is being developed by another party.
If the use variance is approved by the Legislature, the gas station – the permit for which was approved in error in 2016, and which is already partly built – will be allowed to stay. The proposed use variance also allows for a restaurant and laundromat on the property.
The parcel, 5-C Estate Adrian, already received another use variance in 2005 that allows for a grocery store, the construction of which is nearly complete. The businessman behind the project is Jerome Lake, who is leasing the property from Smith.
The property, like the parcels around it is zoned R-1, residential.
Some St. John residents expressed annoyance with DPNR that the gas station permit was approved when the property’s zoning and use variance did not allow for one. The department issued a stop order for work on the gas station part of the development in 2017, but a year’s worth of work had already been done, including the placement of gas tanks.
Neighbor to the property Lorendon Boynes said he is “strongly opposed” to the placement of the tanks, which he described as offering no buffer between them and his home.
“My concern is my safety, my health,” said Boynes.
Project representative Kahlil Henley said the developers will arrange a new meeting with neighbors and discuss how to provide added buffering between residents and the proposed businesses.
St. John resident Pam Gaffin said she is concerned that a gas station in Adrian may present an environmental hazard due to the nearby location of Fish Bay Gut.
“If there was a spill it would go directly across the street into the gut. And we all know since the hurricane, how the water crosses the road, especially right there,” said Gaffin.
According to DPNR representatives at the hearing, the Adrian area, where Centerline Road was almost destroyed by flooding during Hurricanes Irma and Maria, is not listed on the Lieutenant Governor’s MapGeo system as a FEMA flood zone.
Mostly though, residents directed their criticism towards DPNR’s permitting mistake, and they were joined in this by Sarauw, who attended Tuesday’s hearing.
“I’m sitting here cringing at the systemic errors in DPNR,” Sarauw said.
“What concerns me immensely is that there was a permitting error, and this is something that has happened before in DPNR. And then you come before the legislature and force us in a corner to basically approve a permit that’s an error within the department,” she continued.
“People have a habit of knowing that a permit has been done in error, will continue building, the establishment goes up, business commences, and by the time it gets to us there’s nothing that we can do,” Sarauw said.
Architect Kurt Marsh Jr. said he feels inadequate DPNR enforcement on St. John is a large issue.
“My gripe isn’t with this project per se. My gripe is with DPNR at large,” said Marsh. “In the wake of Hurricanes Irma and Maria there have been a lot of projects underway without permits. Without proper planning or any procedural sense.”
DPNR planner Leia LaPlace said that until a new use variance is granted, construction on the gas station must be halted, although construction of the grocery store can continue.
When Gaffin asked what zoning designation would be typical for the proposed uses of the property, LaPlace said B-4, a mixed business and residential zoning.
Gaffin aked what use the territory’s zoning laws are if owners and developers can continue to apply for an infinite number of use variances without pursuing a re-zoning.
“What’s the point if you can get a variance on a variance on a variance?” Gaffin said.
Now that a hearing has been held, there is a 15-day period for additional public comment to be made to DPNR about the use variance to allow the gas station, laundromat and restaurant. It will then be considered by the Legislature.
