Friends of Coral Bay File Emergency Motion Against Development In St. John
By Matt J. Weiss, February 5, 2008 @ 02:00 AM (EST)
Source: Stjohntradewindsnews.com
n the latest delay to Reliance Housing Foundation’s planned 72-unit moderate-income housing development in Calabash Boom, the Friends of Coral Bay filed an emergency motion for a temporary restraining order and preliminary injunction on Monday, January 14, before District Court Judge Curtis Gomez.
Requesting the court to halt construction activities, the Friends allege that Reliance failed to obtain all necessary permits before commencing construction, which, according to the housing foundation’s legal representative, was set to get underway “imminently,” according to court documents.
The Friends, a non-profit group of residents primarily in the Calabash Boom area, have long opposed the scope of Reliance’s proposed development, contending runoff from the project would harm important sea grass beds, endangered coral reefs and nationally protected sea turtles.
Permit Granted December ‘06
Reliance first obtained a Coastal Zone Management major permit on December 8, 2006, to construct a $51 million moderate-income housing development consisting of 48 rental apartment units and 24 for-sale duplex town homes on about eight acres of land across Route 107 from Johnson Bay, not far from the beach.
Friends members originally took their concerns to local district court last January, when Judge Gomez issued a temporary restraining order on January 26, 2007.
The TRO eventually lapsed and in February 2007, the St. John CZM Committee voted to modify Reliance’s CZM permit to allow the developer to use existing wells for residents’ potable water instead of the originally proposed reverse osmosis facility.
Friends Bring BLUA Appeal
Shortly after the vote, the Friends, represented by Attorney Alan Smith and James Dougherty, appealed the CZM Committee’s decision to the Board of Land Use Appeals.
In July, BLUA heard the matter and, issuing their decision from the bench, upheld the St. John CZM Committee’s ruling. It would be another few months, however, before BLUA submitted their written decision and, in the meantime, the Calabash site sat idle.
Heavy rains in early October that year prompted Department of Planning and Natural Resources officials to issue an administrative order on October 26, 2007, requiring Reliance to complete mitigation measures at the site within a strict time frame or face steep penalties.
Since October, the developers have started renovation of the existing senior citizens’ center and installed an engineered channel and silt fencing on the site.
Requesting the court to halt construction activities, the Friends allege that Reliance failed to obtain all necessary permits before commencing construction, which, according to the housing foundation’s legal representative, was set to get underway “imminently,” according to court documents.
The Friends, a non-profit group of residents primarily in the Calabash Boom area, have long opposed the scope of Reliance’s proposed development, contending runoff from the project would harm important sea grass beds, endangered coral reefs and nationally protected sea turtles.
Permit Granted December ‘06
Reliance first obtained a Coastal Zone Management major permit on December 8, 2006, to construct a $51 million moderate-income housing development consisting of 48 rental apartment units and 24 for-sale duplex town homes on about eight acres of land across Route 107 from Johnson Bay, not far from the beach.
Friends members originally took their concerns to local district court last January, when Judge Gomez issued a temporary restraining order on January 26, 2007.
The TRO eventually lapsed and in February 2007, the St. John CZM Committee voted to modify Reliance’s CZM permit to allow the developer to use existing wells for residents’ potable water instead of the originally proposed reverse osmosis facility.
Friends Bring BLUA Appeal
Shortly after the vote, the Friends, represented by Attorney Alan Smith and James Dougherty, appealed the CZM Committee’s decision to the Board of Land Use Appeals.
In July, BLUA heard the matter and, issuing their decision from the bench, upheld the St. John CZM Committee’s ruling. It would be another few months, however, before BLUA submitted their written decision and, in the meantime, the Calabash site sat idle.
Heavy rains in early October that year prompted Department of Planning and Natural Resources officials to issue an administrative order on October 26, 2007, requiring Reliance to complete mitigation measures at the site within a strict time frame or face steep penalties.
Since October, the developers have started renovation of the existing senior citizens’ center and installed an engineered channel and silt fencing on the site.
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