Belair Pond - Fiddling with the permits

The permits granted to Rudy Nuess for the Cay Hill and Belair Pond area (between Learning Unlimited all the way to the sea) are 11 years old and were granted at a time when the island was in much need of investment and recovery after Hurricane Luis. The whole area was planned for residential plots, with one hotel at the end by the beach, known now as the Barbaron Project.

Rudy is now trying to change those permits so he can build what he calls "Light Commercial" developments along the bottom of the hill by the pond and add a few floors to his Barbaron Hotel. It is understood that he has retained Zwanigen and Snow as his attorneys, who just happen to be considering building a new office in this area. It is unknown if the Daily Herald is thinking to move there too.

Click here for more.
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The image above is an approximation of our understanding of the plans.

The Cay Hill Owners Foundation, SXM Pride and Epic have all delivered letters of objection to the plans and are questioning if the old permits can be adjusted when so many aspects of the original plans are changed. You can read them all at the links below.

Barbaron - SXM Pride objection letter - 2nd March 2007

Barbaron - Cay Hill objection letter - 7th February 2007

Barbaron - Epic objection letter - 2nd March 2007

In some places the clearing for Barbaron is about 2 meters from the waters edge.

Over 50 different birds have been spotted using Belair Pond over the years, including 24 which breed in the area. A report from EPIC listing these birds can be found at the link below.

Birds recorded at Little Bay Pond, St Maarten

Previous posts about this development can be found in the Little Bay Pond and Belair Thread

Feel free to discuss below.

Flipper

Flipper's blog | add new comment

Submitted by Flipper on Tue, 2007-03-06 18:51.

Belair Pond
Anonymous (not verified) | Sat, 2007-03-17 19:03

First of all, I think that The Pond should be left alone!!!! Go find somewhere else to "build on". The 50 birds that live there will agree when i say :"It's their home not yours" Belair is a residential area. Let it remain that way.... Let it remain that way! By the way, if the pond is polluted by the construction or garbage that would be there, then the residents will become a pest about the midges that will breed in that POLLUTED water!

BELAIR - FIDDLING WITH PERMITS
RUDESTER | Fri, 2007-03-09 13:35

THE EXECUTIVE COUNCEL GRANTED AN IRREVOCABLE PLANING PERMIT IN FOR THE AREA MENTIONED AFTER PUBLIC REVIEW IN JANUARY 1997. THIS PERMIT ALLOWS FOR CONSTRUCTION OF APPROX 192,000 SF OF ATTACHED HOUSING. THAT TRANSLATES TO 150+ EACH - 1250 SF ATTACHED HOUSING UNITS IN THEORY.

THE DEVELOPER IS EXPLORING THE POSSIBILTY OF 4 OFFICE BUILDINGS OF APPROXIMATELY 16,000-20,000 SF EACH. THIS REPRESENTS A REDUCTION OF 60-66% IN BUILDING FLOOR SPACE. INSTEAD OF 150+ FAMILIES WITH 150+ SEPTIC SYSTEMS THE AREA WOULD BE A PROFESSIONAL OFFICE PARK DESIGNED TO SPEFICIALLY ENHANCE AND PRESERVE THE FRESH WATER POND BY EDS & STUDIOMART, THE LOCAL DESIGNERS.

THE OFFICE PARK CONCEPT INCLUDES A GREENBELT BUFFER BETWEEN THE OFFICES AND THE POND, A FOOT PATH ALONG THE POND FOR VISITORS, AND A PROVISION FOR AUTO PARKING FOR VISITORS AND BEACH GOERS. THE CONCEPT HAS BEEN PRESENTED TO THE NATURE CONSERVANCY FOR THEIR INPUT.

IF ALL THE LAND PLANNING IN SXM WAS UNDERTAKEN WITH SUCH CARE AND FORETHOUGHT THE ISLAND WOULD BE MUCH BETTER OFF.

Are you still there Watchdog?
Anonymous (not verified) | Sun, 2007-03-11 00:30

According to two sources at the Nature Foundation, they know nothing of any report or plans being given to them. Do you know who it was given to? I also notice you don't seem to want to answer questions, the plans on your site do appear to be the old ones, what are the changes you are planning to make to them?

Mojo

Engagement is best
Local Hero | Fri, 2007-03-09 14:44

Welcome Mr. Nuess, very much so.

Although i am not sure of the dates, it is my understanding that your father bought much of Cay Hill on the Belair side many years ago, for that reason I am going to assume that you yourself have been coming here and know the island for many years. If I assume correctly, then you are also very well aware of what has been happening and contnues to happen to the island in terms of over development, destruction of it's environment, pollution, strained infrastructure and all the other knock on effects.

You will know what Westin did to Dawn Beach, you will know what is going on in Cupecoy. You must then also understand why people are wary, are protective of the little healthy natural environment that still exists and the commissioners and developers who promise one thing and then don't live up to those promises.

The people of Cay Hill and Belair, also any resident who cares about the island's environment, have every legitimate reason to question what your plans are and how they will effect the area. This particular pond has quite a history and was once owned by the highly regarded island doctor Hendrik van Rijgersma who I am also to understand was also a Governor. He owned what was called Welgelegen Estate of which the pond and much of the valley was part of in the late 1800's. As you can see from the link provided, one of the things he is most well known for is his study, sketches and documentation of the plants of St. Maarten and to a lesser extent Saba.

Mr. Nuess. People do not trust govt to look out for their's or the island's environmental interests, the story of the raw sewerage being pumped into our ponds should show you why and there are dozens, no, hundreds of other reasons. Please forgive us of being skeptical, not so much of you, but of our govt's ablitlies to look after those important interests.

Be assured that the vast majority of people writing, commenting and reading this website are not Anti-development, but what we see is an out of control situation which is having a severe impact on all resident's lives in a variety of ways and which will have an even bigger impact on our children when they grow up. Not least of all, being able to own their own home in their own country. Your changes to add 'light' commercial and more floors to the condhotel has many people concerned about the impact it will have on their lives, homes and the pond.

Your coming here and commenting is a good sign, a welcome sign, that hopefully you are willing to engage and discuss the issues and concerns people have in an open forum. Whilst it's good that you have submitted the plans to the Nature Foundation, it is the public you should engage and convince. Would you be willing to send us the same plans and drawings, or a selection of them addressing our concerns, to make public on this site for discussion?

Mr. Nuess, St. Maarten does desperately need a developer who genuinely cares about the enviroment to step forward, not just talk and 'gentlemans agreements, but also to include progressive and innovative design and concepts to make what they build more efficient and with less impact on the environment. I would like you to consider some of them.

You can have your hotel's air conditioning run buy sea water, you can have homes with built in solar panels which contribute power to the national grid when people are not home and using it, you can set up a recyling program for the estate you are planning, with residents required to seperate, create a real green estate.

In the years to come, as the global environment deteriorates further, it is going to become more and more important to people. People want to know that they are doing something to make a difference, by considering and including ideas like I have suggested above you will satisfy that desire. It will make what you build much more attractive and the cost would be covered by increased price, which they will pay. Most people don't want to give up very much in how they live, adding these sorts of things makes it far easier for them to contribute, for all our benifit.

I might also add, that having what may end up being the last healthy fresh pond reserve alongside your property would also add greatly to the value of your projects. I think that it's actually in your interest to protect it and even push for it to be given a protected status by govt.

One last suggestion. Although I have not seen your plans, I would like to suggest that you leave the path alongside the pond as it is and then have the back of the buildings you plan to build bordering the path, with the road/drive on the other side. This does not really make much of a difference to what you plan to build, but it means that the path and pond will not have traffic running alongside it.

Again, I welcome you to this site and hope you will engage us in discussion, perhaps on some of the ideas I have suggested above.

Local Hero

In another comment, Mr Nuess has posted a website for his project, the link is below.

Pointe Esprit Website

DEAR LOCAL HERO
RUDESTER | Fri, 2007-03-09 17:57

YES... I SAW THE MOVIE BACK IN 1983. BURT LANCASTER ET AL.

YOUR PEN NAME SUGGESTS A PRE-DISPOSITION AGAINST DEVELOPMENT. THAT'S EASY?! LEARNING THE TRUTH IS A BIT MORE DIFFICULT....WANNA GIVE IT A TRY??

SMART DEVELOPMENT IS NOT BAD... IT'S GOOD. SMART DEVELOPMENT WILL INSURE THE PROSPERITY AND CONTINUED SUCCESS OF ST. MAARTEN AS A TOURIST DESTINATION AND A DESIRABLE PLACE TO LIVE AND WORK.

THERE IS A NATURAL INCLINATION TO OPPOSE DEVELOPMENT WHEN IT SEEMS TOO MUCH OR TOO FAST. TRUE, DEVELOPMENT IN SXM HAS BEEN OF A GENERALLY POOR QUALITY DUE TO LACK OF REGULATION PRIOR TO 1994 (WHEN VROM WAS CREATED UNDER THE DUTCH HIGHER SUPERVISION PROGRAM, I RECALL). HOWEVER, IT HAS BEEN FOUND IN THE US AND OTHER PLACES WHEN THE KNEE-JERK NO GROWTH MENTALITY IS ALLOWED TO STOP DEVELOPMENT IT DOES NOT STOP DEMAND ...SAY FOR HOUSING. THE RESULT OF SLOWING OF HOUSING DEVELOPMENT WILL NOT SLOW THE DEMAND. ALL THAT WILL HAPPEN IS THAT WHEN THE SUPPLY IS CONSTRAINED AND DEMAND IS NOT ...THE SUPPLY- DEMAND EQUATION WILL GO OUT OF BALANCE. THIS WILL RESULT IN CONTINUOUS PRICE ESCALATION AND EVENTUALLY CREATE A SITUATION WHERE LOCAL PEOPLE (PARTICULARLY THE YOUNGER GENERATION) SIMPLY CAN NOT AFFORD TO OWN HOMES IN SXM.

THE ANSWER IS TO HAVE SMART GROWTH. TO BALANCE WELL PLANNED RESIDENTIAL, COMMERCIAL, RECREATIONAL AND ENVIRONMENTAL AMENITIES. THESE ELEMENTS ARE ALL REQUIRED TO HAVE A STABLE AND DESIRABLE COMMUNITY. THAT SAID, ONE NEEDS TO LOOK AT WHAT KINDS OF DEVELOPMENT BEST SERVE THE COMMUNITY IN A BALANCED CONTEXT.

THE BELAIR AREA IS CURRENTLY A MIX OF RESIDENTIAL, COMMERCIAL ELEMENTS WITH THE BALL PARK, THE POND AND THE BEACH OFFERING THE POTENTIAL OF RECREATION AND ENVIRONMENTAL ELEMENTS.

THE RESIDENTIAL ELEMENT ON BELAIR HILL IS GENERALLY CONSISTS OVERLY SMALL BUILDING LOTS, DENSELY PACKED HOMES, WITHOUT STRONG RESIDENTIAL DEED RESTRICTIONS THAT HAVE LEAD TO NUMEROUS SEPTIC PROBLEMS, PARKING PROBLEMS, POOR ROADS AND A GENERALLY UNAPPEALING RESIDENTIAL DEVELOPMENT.

THE RESIDENTIAL DEED RESTRICTIONS AND HOME OWNERS ORGANIZATIONS
ON THE POINTE ESPRIT SIDE OF CAY HILL ARE FAR SUPERIOR TO THOSE ON THE BELAIR SIDE. NOTE THE BUILDING LOTS...MOST TWICE TO FOUR TIMES AS LARGE, AMPLE SETBACKS BETWEEN HOUSES, HEIGHT RESTRICTIONS ETC. THIS HAS LEAD TO MORE APPEALING RESIDENTIAL DEVELOPMENT, WITHOUT THE OVERCROWDING, SEPTIC ISSUES, PARKING PROBLEMS, ETC.

THE COMMERCIAL ELEMENTS CONSISTS OF THE HOSPITAL, THE LEARNING SCHOOL, THE FUNERAL HOME. THESE ARE GENERALLY EXAMPLES OF WELL PLANNED DEVELOPMENTS WHICH ARE BENEFICIAL TO THE LOCAL COMMUNITY. THE NEW ELEMENT IS THE CONDO/HOTEL WHICH WAS PLANNED FOR 10 YEARS AGO.

PLEASE NOTE THAT LAND FOR BALL PARK & THE HOSITAL (SOLD TO GOV'T AT A GIVE-WAY PRICE), THE LEARNING SCHOOL (ENCOURAGED TO BUILD IN THE AREA SPECIFICALLY TO ENHANCE THE COMMUNITY) AND LINK 1 BETWEEN THE ROUND-ABOUTS (DONATED FREE OF CHARGE TO GOV'T) CAME FROM MY FAMILY AND OUR DESIRE TO SEE A SUPERIOR COMMUNITY
DEVELOP IN THE AREA. IN ALL CASES WE TRIED TO PROMOTE THE CREATION OF THE NECESSARY ELEMENTS OF A DESIRABLE WELL BALANCED COMMUNITY.

THE NEW CONDO/HOTEL IS BOUND TO ABIDE BY THE VERY THOUGHTFUL AND FORWARD LOOKING "POINTE ESPRIT DESIGN GIUIDELINES AND DEVELOPMENT STANDARDS" SUBMITTED TO VROM IN 1996 AND APPROVED UNDER THE PLANNING PERMIT IN 1997. HAVE YOU TAKEN THE TIME TO READ AND UNDERSTAND THAT 60 PAGE PLAN. I THINK NOT... PLENTY OF TIME TO SPREAD MIS-INFORMATION...BUT NO TIME TO LEARN THE TRUTH.

THE POINTE ESPRIT PLANNING PERMIT TREATS THE POND AS A PROTECTED RESOURCE AND WE PLANNED IT THAT WAY IN 1995 & 1996. WHERE WERE YOU IN 1995, MR. LOCAL HERO. WHAT DID YOU DO TO PROTECT THE POND? NOTHING I'LL BET! THE DEVELOPMENT PLAN HAS FROM DAY-ONE MADE THE ENHANCEMENT OF THE POND A PRIORITY. WHETHER BY CREATING A BUFFER ZONE, SEEING MANGROVES PLANTED, OR LOOKING AT WAYS TO KEEP THE POND POLLUTION-FREE.

WE ENCOURAGE CONSTRUCTIVE CRITICISM BUT DON'T FIND UNINFORMED SNIPERS HELPFUL. IF ANYONE WANTS INFORMATION REGARDING WHAT'S GOING ON NOW OR WHAT'S BEING PLANNED FOR POINTE ESPRIT THEY CAN TO READ THE "ST. MAARTEN PRIVATE EYE" AND LEARN NOTHING MORE THAN RUMORS, SPECULATIONS AND ASSORTED FALSE INFORMATION OR THEY CAN CONTACT ME DIRECTLY AND LEARN WHAT'S ACTUALLY HAPPENING. NEEDLESS TO SAY NO ONE FROM THE PRIVATE EYE, OR LOCAL HERO OR ANYONE ELSE HAS HAD ENOUGH INTEREST IN THE TRUTH TO ACTUALLY FIND OUT WHAT IT IS, BY ASKING THOSE WHO KNOW. THEY PREFER PROPAGATE THE B.S.

WATCH DOG

Great little movie wasn't it.
Local Hero | Fri, 2007-03-09 21:24

Local Hero - 1983

For your information Mr Nuess, I am not Anti-development, in fact some of the things you have to say I can quite agree with. You do seem to have a genuine concern about the pond too. It is also clear you understand why people have reasons to be concerned about what is planned for their areas. If your development was all residential with gardens bordering the trail then my own issues with your project would be largely satisfied.

I have welcomed you and invited you to share your plans, to address peoples concerns and correct information that has been posted. As Flipper say's in his reply to you below, we will treat you with respect, unless you want to be treated differently. Right now I am unsure and will give you the benefit of the doubt.

I have also looked through your plans, they do appear to be old plans. Do you have any new ones showing the changes you want to make? They do mention an access drive/road along the pond, do you have drawings showing the new roads layout and the lots you wish to make 'light commercial'? What is your definition of 'light commercial? Will this be written into the deeds or agreements made for those properties?

I look forwards to your reply and hope that you will think about leaving out your less constructive opinions. If you care about the pond and nature as much as you claim to then you would understand this site, the concerns people have and why your project is on it. If you had published your website before in the papers and if we had known about it then clearly we would all be more informed. I think it's your obligation, as the developer, to reach out and address those with concerns.

Again, I welcome you to SXM PE and I invite you to tell us of your plans and the special care and attention that you plan to take for the continued health and vitality of the pond and it's wildlife.

Local Hero

PS, I took a walk by where you have stared clearing the land, you have cleared about 2 meters from the waters edge in some places. This contradicts what you are saying about protecting the pond and I hope that it was just a mistake by the equipment drivers. Please make sure they don't do it again.

PPS, In the end of 1995 and 1996 I was helping to rebuild my families house and being younger, I was not so well aware of our environment as I am now. I admit it, as a teenager I was not that concerned. You got me!

LOCAL HERO
RUDESTER | Sat, 2007-03-10 00:31

AGAIN YOU PROPAGATE MIS-INFORMATION. I HAVE CLEARED NO LAND NEAR THE POND. I AM NOT SURE EXACTLY WHERE ALONG THE POND YOU REFER TO, BUT IF IT IS AT THE NORTHERN END OF THE POND IT MAYBE NAGICO THAT HAS DONE THE LAND CLEARING. IF IT IS THE SOUTH END IT MAY BE DEBARONS REAL ESTATE NV. NOTE THAT I SAY "MAY BE" BECAUSE I DO NOT KNOW WHO PERFORMED THE CLEARING AND OBVIOUSLY NEITHER DO YOU, EVEN THOUGH YOU STATE AS A FACT THAT I DID.

I ONLY THING KNOW FOR SURE IS THAT IT WAS NOT ME, AS YOU FALSELY STATE. ADDITIONALLY, I HAVE GIVEN NO ONE PERMISSION TO CLEAR ANY OF OUR LAND NEAR THE POND.

YOU NEED TO BECOME INFORMED BEFORE MAKING ACCUSATIONS IN WRITING IF YOU WANT RESPECT. CLEARLY YOU ARE NOT YET WILLING TO TAKE THE TIME TO KNOW THE FACTS....JUST SHOOT FROM THE HIP WITH BLATANT FALSE STATEMENTS. ASSUMING, I SUPPOSED, THAT IT IS ACCEPTABLE TO BE IGNORANT OF THE FACTS AND YET WRITE AS IF YOU HAD KNOWLEDGE OF THEM . WELL IT IS NOT ACCEPTABLE TO ME. IF YOU WANT YOUR OPINION TO BE RESPECTED, YOU NEED TO BE MORE CAREFUL, MORE THOUGHTFUL, MORE ACCURATE AND MORE DILIGERNT IN PURSUIT OF THE FACTS.

MAKING FALSE CLAIMS WILL NOT SERVE ANY PURPOSE. IT ONLY MAKES
YOU APPEAR FOOLISH AND TOO INTELLECTUALLY LAZY TO LEARN THE TRUTH BEFORE WRITING ABOUT IT.

TRY FINDING THE FACTS BEFORE YOU WRITE ABOUT THEM. IT'S A GOOD POLICY IF YOU DON'T WANT TO BE THOUGHT OF AS " LOCAL YOKEL".

WATCHDOG

Debarrons is not yours?
Flipper | Sat, 2007-03-10 01:04

It is our understanding that Barbaron development is yours, is this not true? That is the name of the Condhotel you are planning is it not? The land that has been cleared is where we understand the Barbaron development to be.

The two photos in the original post show very clearly the cleared land and the distance that has been left from the waterline. Part of Plot H according to your plans on your site. Are you saying that Barbaron is not your project?

Your attitude is becoming tiresome by the way.

Flipper

BARBARON
RUDESTER | Mon, 2007-03-12 09:30

WELL SURPRISE.. SURPRISE!! YOU ARE WRONG AGAIN!!!.

WHY?? BECAUSE YOU ARE EITHER INTELLECTUALLY LAZY OR MALICIOUS. YOU CONTINUE TO PUBLISH FALSE INFORMATION AND YOUR WRITINGS CANNOT BE TRUSTED AS TRUTHFUL. CONTRARY TO YOUR STATEMENT AND AS OUR WEBSITE REFLECTS, SECTION-H HAS BEEN SOLD. HOWEVER YOU APPARENTLY DON'T READ....JUST WRITE UNTRUTHS.

THE "BARBARON PROPERTY" WAS SOLD TO DE BARONS REAL ESTATE NV, WHICH HAS CONDUCTED SOME CLEARING ON ITS LAND. DE BARONS IS BOUND BY DEED REQUIREMENTS TO DEVELOP IN ACCORDANCE WITH THE VROM PLANING PERMIT AND OBTAIN BUILDING PERMITS FROM THE SXM BUILDING DEPARTMENT. I BEILEIVE THEY CLEARED IN ORDER TO CONDUCT SOIL TESTING, WHICH IS REQUIRED AS PART OF THE PLANNING PROCEDURE.

NOTE THAT I HAVE NO FINANCIAL INTEREST IN THIS PROJECT. OUR WEBSITE HAS A DOWNLOADS FOR THE VROM PLANNING PERMIT AND THE DEED OF TRANSFER IS IN THE PUBLIC RECORD.

IT IS NOT DIFFICULT TO FIND THE FACTS, IF YOU WANT TO KNOW THEM. YOU APPARENTLY ARE NOT INTERESTED ENOUGH TO BOTHER FINDING THE FACTS. JUST KEEP STARTING AND SPREADING FALSE RUMORS....NO NEED TO CHECK FOR ACCURACY AND TRUTHFULNESS...JUST PUT IT ON YOUR WEBSITE...NO WORRIES ABOUT WHO MIGHT GET HURT BY THE LIES YOU TELL.

MY NAME IS RUDOLPH NEUSS... WHAT'S YOURS?....,,OH YEAH...YOU WRITE UNDER A PRIVATE FICTICIOUS NAME TO PROTECT YOURSELF FROM ANY PUBLIC REPURCUSSIONS FOR TELLING YOUR FICTICIOUS STORIES AND REPRESENTING THEM AS THE TRUTH..

WELL DONE??? WHAT YOU WRITE, WHETHER UNDER YOUR PEN NAME OR OTHERWISE, REFLECTS ON YOUR PERSONAL HONESTY AND INTEGRITY.

REMEMBER, MANY OF US ARE WATCHING.

Reflections
Flipper | Mon, 2007-03-12 13:55

Mr. Nuess, in your first comment in reply to this blog you had the opportunity to correct the misconception that Barbaron is your project. I think also that if you asked around a little, there are very few that thought otherwise, and not because of what is posted on this website.

Until you posted your website address a few days ago, there has been no public announcement of Barbaron, your project or your website. And you wonder why people are not well informed? In case you hadn't noticed, we don't exactly have a great media, nor do we have a great govt. The project is on the site you linked to, Pointe Esprit, other than the little red note of 'SOLD', which is easy to miss and doesn't really mean a lot, there is no other reason not to think the project is yours.

You have so far been welcomed and treated respectfully here, you have every opportunity to correct inaccurate information and to submit information and answers to questions people have. If we were not interested in finding out the truth and facts then why would your comments even be appearing here?

You post a link to a website that does not show the changes (new commercial lots and road plan) that you yourself say you want to make. The plan shows one commercial lot, it does not show where you plan to put the others. Also, the documents, as already pointed out to you, do mention an access road alongside the pond. This may well have been changed as you say and if so then you are to be thanked for it. Do you not have a drawing or plan showing clearly the road layout and the commercial lots in your changes?

As for Barbaron, thank you for informing us that you have sold the property, we will focus our attention on De Baron's instead when it comes to the concerns we have there. Who own's De Baron's by the way? I must say, I do think your guess on 'soil testing' is a little out there, no one needs to clearcut to within 2 meters of the waters edge to test the soil. Perhaps you could kindly remind them what is in their permit, particularly the distance setback and the requirement to leave all mangroves untouched.

As to your own development project of Pointe Esprit, there are still some people who have concerns, not about the residential aspect of it, but the commercial aspects you wish to add. The best way for you to alleviate those concerns is to engage, discuss and show what you plan. Despite the attitude you are displaying towards us here, I do actually believe you care about the pond and it's environment, a healthy pond with lots of wildlife can only add to the value of your developments.

I will be writing a new blog post about the pond, it will include the information you have provided in your comments and we will even post links to it on the older blogs and articles on Belair and Barbaron as an update. You will be invited again to share information and engage in a constructive discussion. It's what we want and I think it's quite clear to the readers that we are trying to have one with you.

On a final note, the reason why writers use pen names and why readers are permitted to post anonymous comments is very much to do with avoiding repurcussions, the kind of repurcussions that result in a hospital visit or worse. Free speech is a new thing for St. Maarten, if you have knowledge of the island's history then you would know this. You would know that having an opinion and voicing it costs greatly in many ways, so people don't.

Being an environmentally concerned group of people, we are often at odds with developers and their politician friends, some of whom are quite unpleasant characters. It is quite within the realms of possiblity that some of them, feeling power or profits slipping away and not being happy about their exposure on this site, may take radical steps. SXM is not a safe place to exercise free speech or to ask questions publicly, Mr. Nuess.

I will post a new blog post on the pond later this afternoon, it is my hope that it will be a new page in this discussion. If it doesn't happen then it won't be because we didn't try.

Flipper

ANONYMITY
RUDESTER | Fri, 2007-03-23 10:31

I UNDERSDTAND THAT NO ONE WANTS TO SEE NEGATIVE REPURCUSSIONS BECAUSE OF FREE SPEACH. BUT, IF THE SPEAKER IS NOT ACCOUNTABLE FOR HIS SPEACH THAN THE REPURCUSSION MAY BE AGAINST THOSE HE SPEAKS ABOUT. PARTICULARLY IF WHAT HE SAYS IS INACCURATE, UNTRUE OR MAILICIOUS AND HE HIDES BEHIND A VAIL OF ANONYMITY.

MOST OF THE MIS-INFORMATION I COMPLAINED ABOUT COULD HAVE BEEN CHECKED. IT IS IN THE PUBLIC RECORD. OR A SIMPLE VISIT TO THE KAADASTERR'S OFFICE OR ASKING ME WOULD BE A START. BUT IF ONE MAKES NO EFFORT TO BE ACCURATE THAN MAYBE THEY SHOULDN'T BE WRITING IN A PUBLIC FORUM.

REGARDING FREE SPEACH IS ST. MAARTEN, I HAVE NOT PERSONALLY FOUND WHAT YOU SAY TO BE THE CASE. YOU CAN WRITE TO THE NEWPAPERS, SPEAK WITH CONCERNED POLITICIANS AND PUBLIC SERVANTS, WORK THROUGH PUBLIC INTEREST GROUPS, VOTE YOUR INTEREST, ETC.

I THINK HIDING BEHIND A VAIL OF ANONYMITY ONLY PREVENTS ONE FROM ENGAGIING PUBLICALLY THEREBY RELEGATING YOUR EFFORTS TO A SIDE SHOW RATHER THAN THE MAIN EVENT, WHICH IS PUBLIC DEBATE.

RUDY NEUSS

Not so free
Flipper | Fri, 2007-03-23 18:36

Wish that it were so Mr Nuess, but it is not. If our writers could make calls, visit offices and ask questions then it would be very different, but the fear is real and there are very good reasons for it. Many of the things we write about here do not get reported on in our local papers, or only partly, there are more than a few blog posts on the front page which will tell you more about our media.
There was no malicious intent against you Mr Nuess, this government does not give out any information freely, in fact Mr. Roy Marlin wants to make it harder for residents to make objections, for any reason. You could ask Mr Daal about his planned development in Ebenezer and the residents below it who have very serious concerna about the impact ot will have on them and their properties.

Govt commissioned a report about the flooding and drainage of the valley, a place where two people died in 2005 in flash floods. Roy Marlin claims that floods will come no matter, he just doesn't get it that people know this, what they are concerned about is making them worse. As far as I am aware, the residents are still waiting for govt to release this report.

No, it is not easy to get information without exposing yourself as being a writer here, and that could have worse consequences than not getting a permit. We expose corruption, we write about things that show how inept and dysfuctional certain politicians are in their jobs and you can be sure they don't like it.
A blog is not a newspaper, it is where ordinary people come together to share information in order to get to the truth, sometimes that takes a while, sometimes people get things wrong. In a society where the press fails to do it's job in informing and watching out for the people of the island by investigating the stories and issues that are of public interest, such as corruption and poor governance, it's the only way to find things out.
We differ in opiniona about wether being anonymous or not is important, yes it can be, but there are also times where it does not matter at all, what matters is what is being said. No one has an malicious intent towards you Mr. Nuess, we are concerned and have questions and I am glad you came back to engage us on them.

Flipper

maybe you do not experience it Rudy but many others do
Anonymous (not verified) | Fri, 2007-03-23 12:52

Rudy, maybe you do not experience the back lash from Government as you are a developer. Others in the community have experienced the intimidation that is practiced on this island when one does not agree with a certain development or a certain type of politics.
The politicos have a way of creating fear or trying to intimidate people, their families, take away their jobs, take away scholarships, they send messages to the person families that whatever it is they are against, they should stop..... otherwise........a...b....c. Many times they pull the intimidation that business licenses of the local speaking out will not get renewed.
Look at Joan Verwoord, she will be holding a protest action soon because her license to operate on a beach where she has operated a successful beach F&B with chair rentals for many years has not been renewed. Joan has won 3 or 4 courtcases so far against Duck International (certain foreigners called Lucky and Mr. Peyton Cromwell) and still she is being harrassed, and now..... the economic affairs department, license department has not renewed her permit to continue operating her establishment. Her permit expired last October, and so far her permit has not been renewed.
So Rudy while you can say you have never expereinced the hostility, the fear and the intimidation, it is because they enjoy your foreign developers money.
It was like this in Wathey days and it is still continuing. They treat foreigners as kings of our land, while they prefer to keep the locals happy with car loans, but not a single piece of government land is available for locals as they already gave those out.
And the most hurtfull part is that some of our own locals who did obtain government land, went and sold out to foreigners. (look around the lagoon, the Renee Richardsons, the Godfreid Richardsons, all former and current DP supporters.) If the island government had a clause saying that if any local sold government land to a foreigner, it would be pulled back by government, we would have at least some rules today to protect locals.
The domain office is treated as a Santa Clause gift office around election times, they play with people to get votes. They know there is no more domain land, so they offer the poor eager locals land high up on the hill. Later on the locals find out that they cannot build high up the hills anyway because the hilltops are protected by the hillside policy. Every election, the DP does the same thing.
I hope I have made you understand why things are the way they are, no one is at war with you, but the system sucks on St.Maarten for obtaining information. if you think things are so easy, why don't you ask the groups that protested against the dolphinarium and ask them how forth coming the information was to them.
To help you out here, someone had leaked all the documents out to the groups and newspaper, that is how the groups found what the devils were up to.
the devils had lied on numerous occassions about their dealings with the dolphinarium Mexican company.

Free speech
Anonymous (not verified) | Fri, 2007-03-23 11:40

Welocme back Mr. Neuss,
Please find the caps lock key and use it. Captial letters on the internet means you are shouting. Unless of course you mean to be shouting.

No you probably wouldn't be subjected to the repercussions of free speech, when that free speech is against the ruling gov't. You have something they want where as the civil servant or local business man trying to make a living is subject to but not limited to the following.
Children are not considered for educational financing.
Family members are not considered for available gov't jobs or promotion.
Whole areas that are pro opposition are neglected.
Gov't contracts are not available
Simple necessities like water, power, phone service take forever to get.
Permit requests are lost or ignored.
Unforunialtely this is not unique to the current party, it is endemic in our society.
On the other hand if you were to try and get your permits without greasing the palms of the powers that be you will be subjected to a silent type of free speech. You will suddenly become a nobody regardless of what your family donated to the federal government years ago.
Now onto your project: You won't be convinced by anybody to change anything that is not in your best interest so I won't try. I will however, make it clear to you that YOU WILL RESPECT THE PROTECTED ZONE AROUND THE POND AND THE MANGROVES.

To Rudy Nuess
Anonymous (not verified) | Mon, 2007-03-12 11:19

This site has provided many readers with information. Your pen name RUDESTER and the fact that you write in capital letters is giving us all an impression that you want to be RUDE. Questions have been asked and still you have not provided the answers, with an exception that you are personally not financially involved with BARBARON hotel.

Now that the readers know this, I am sure they will have to find out who is? You see Nuess, Many persons in the community are quite fed up with the over development going on, people want to see responsible development and especially in light of this hotel having 11 stories (so we hear) people want to see the plans and make sure that our government keep the pond intact, but also make sure that sewage and noise and traffic congestion does not hurt the ponds beauty and natural ecological balance.

No one is at war with you Nuess, but if you keep this attitude, trust me, you will not be respected. Now as far as the plans, I know for a fact that these plans for the hotel was asked in a meeting where several persons attended with Mr. Dollison. Mr. Dollison did not provide the plans to the group, instead he mentioned that the groups have to write to request these plans for the hotel.
These plans have not been available as yet as far as this writer knows.

It is with this type of bullshit from our government where everything becomes controversial, government deliberately practices non transparency and a secret and closed door approach to many issues where communities have a problem. Nuess, if your project is so great for everyone, please elaborate on this site. Again, your attitude reflects a man who is rude and willing to make himself look stupid.

Your approach that writers here are being mis-informed might be your way to try to take down this site, but it will never happen. This is a blog site, this site has several writers, the idea is to contribute to any particular story, news items and pictures are added by some other contributers. Since you are here writing in your capital bold letters, please try to explain more about your project as government as usual is playing secrecy with the people.

I personally am quite fed up with how this government has played games in non-transperancy and non-openness in government, including the head of the Executive Council and representative of the Queen our Lt. Governor.

And Nuess, someone already wrote in a previous post that we do not need another hotel. While you may have sat on your Planning Permit for 10 or more years, this is not the right time. The time was 10 years ago. People should ask government to add a clause in planning and building permits that developers have a time limit to use their permits. Under no circumstances should developers sit on building and planning permits for years until they feel it is right for them, it might not be right for the island as a whole.

Commissioner Roy Marlin has failed the people and every pond miserably, so has Commissioner Laveist as he was a prior activist for the Simpson Bay lagoon. People are fed up with these clowns and the worst part for us who are very concerned about our island being run over and overdeveloped , is that we see no change with the other clowns who would like to occupy the Commissioners seats.

Politeness and weakness.
Dr. Voodoo | Sat, 2007-03-10 01:19

Some people take an concilatory attitude and a willingness to engage in dicussion and debate as weakness, are you making that mistake Mr. Nuess?

Both Flipper and Local Hero have tried to engage you in respectful discussion and yet you keep on bashing away. I do notice that you haven't yet answered any of the questions about the plans on your site and the changes you plan to make to them. You have not answered the question about what exactly 'light commercial' means. You have not explained why the plans on your site still mention a driveway along the pond.

Perhaps you are not aware that this site gets over 500 visitors a day, you are in danger of coming across as an arrogant ass.

Dr. Voodoo

ANSWERED AND ANSWERED AGAIN
RUDESTER | Fri, 2007-03-23 10:45

AS PREVIIOUS DICUSSED ON THIS WEBSITE, THE CONCEPTUAL PLAN IS FOR A PROFESSIONAL OFFICE PARK.
A ROAD ALONG THE POND IS CALLED FOR UNDER THE VROM PLANNING PERMIT. SOME ROAD ACCESS WILL BE NECESSARY NO MATTER HOW THE LAND IS DEVELOPED.

RUDY NEUSS

And just where would we read this plan??
Flipper | Fri, 2007-03-09 20:37

You seem to have completely missed the boat on the attitude LH was displaying towards you in his post, so I will try once more myself.

Where exactly would we have got a copy of this 60 page plan Mr. Nuess? How long has your website been online? Perhaps if you had approached the community and residents openly with your plans then maybe there wouldn't be speculation and rumors. You are full of talk about what your plans include but as LH say's above, please excuse us if we are skeptical. We have heard plenty of BS in the past too.

I assume you mean the Nature Foundation when you say the Nature Conservancy, we are awaiting confirmation of this, so far the one person we know who would very likely know if they had this plan has said they know nothing about it. Emails have been sent to a couple members asking if they know about it and to confirm they have this plan.

What LH has said, repeatedly and in a non confrontational manner is that if your plans were made public previously then there would be no need for speculation or rumors. According to a meeting with Mr Dollision, to get to see your permits, any interested party would have to write to the ExCo to request a look, not a copy, but a look. Up until now, until you posted a link to your website, the only way to find things out was to share the rumors and speculation and see what other people know, can confirm or dispel.

Apparently you are now a member of the Cay Hill Landowners Association, is this something you have decided to join just now? Of course, you are entitled to be a member, your property is part of the area, but now we are faced with the situation of a landowners foundation filing objections against a member of that foundation, a landowner who probably owns more lots than the rest combined.

And to repeat another thing LH said. The writers and people with concerns are not ANTI DEVELOPMENT, you calling us that is rather lame and is does not give you any credit, considering it was just pointed out to you clearly that we are not. But then, I guess LH saw that coming and tried to cut it off, it is typical. No one is trying to stop your project, they just have concerns about the changes you want to make and the impact it will have on them and the environment.

I haven't had the time to read your 67 page document in detail, but I do notice it shows only one commercial lot, about right where the new Nagico Building will be, the rest is residential other than the condhotel. You apparently want to change this and add more commerical lots along or near the pond, correct me if I am wrong. I also note that page 64 mentions a lovely entry drive for the resort 'along the lagoon's edge'. Page 23 mentions the public pathway will be along side this access drive. Perhaps these are the old permits, drawings and documents, they do not seem to include all the details you mention or the changes we hear you want to make that concern us.

The first main concern is the type of development and it's distance from the pond and peaceful historic trail. The second is the condhotel and it's height, which would appear quiet likely to impinge on the property owners living directly behind and above it. Also it's sewerage treatment plant, (see Dawn Beach to understand that concern), the traffic and the effect it will have on the pond and noise levels.

Your expressed interest and promises of protecting and making sure the pond remains a visual and peaceful addition to your development is all very well, but this is the first time anyone here has heard it. And if you don't understand why we don't trust or rely on govt to ensure the pond is protected, then you need to get to know the island a little better, look around.

Now, you are very welcome to comment and enter the discussions, discuss and answer peoples questions and concerns and defend your plans, we will treat you with respect and we will expect the same back. If you do not feel able to do this then do not be surprised if you start getting treated otherwise.

Flipper

Ron Daal: isn't it ironic?
Scottie | Fri, 2007-03-09 08:17

Isn't it quite ironic how the President of Cay Bay Residential Sites Landowners Foundation (CABARESIL Foundaton), Mr. Ron Daal only opposes large building projects when it's close to home?

FYI: Mr. Daal's engineering company, ICE, is behind the planned Mega Hillside Destruction, also known as Ebenezer Valley Estate which projects 187 (!!) lots on the hillsides above Ebenezer. Each lot will allow 1 home and 1 appartment: you can do the math and see what this means in traffic congestion alone for an area that is very congested already. More importantly: the residents of Ebenezer and surrounding areas in Cul de Sac should fear for their safety & livelihood if this project takes place as one good rain down pour will result in more desastrous scenarios then the July 2005 "cloud burst".

Mr. Daal: what goes around, comes around. Or shall we just call it a good case of Karma??

The Real Issue
Anonymous (not verified) | Fri, 2007-03-09 23:19

In regards to the project in Belair, aren't we missing the whole point. Why the hell is there ANOTHER hotel being built when we haven't even got the space for MORE PEOPLE, MORE CARS!
Have the developers, ROY MARLIN (our "environmental protector") and VROM gone mad? Why is this being allowed?! Another beautiful and quiet green area is to be flattened and replaced with WHAT, another f$$%%!! HOTEL. AND COMMERCIAL SPACE!! Go rebuild something that needs fixing instead of destroying what little green spaces we have left. Donate the land to our youth, build a wooden playground, call it by your family's name and allow people to enjoy the serenity it has brought so many for so many years. God, I am ashamed of what my fellow St. Maarteners have become. Greedy and selfish. Oh yeah, and STUPID!

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