On February 9, 2024, former Minister of VROMI issued a building permit for Certificate of Admeasurement 013/1968 (within the with lines) which was purchased by NLGY Development Ltd. as location for The West Vue 15-story condo hotel and 175 parking lots.
CUPECOY--Trucks rumble back and forth through Jordan Village in Cupecoy, passing by the terraces of a bakery, lunchrooms, and restaurants, as well as a school and the village’s apartments. Construction is ongoing for the massive Aqua Resort, which consists of three fourteen-story buildings, while work is also underway on The West Vue, advertised by the developers as a fifteen-story high-end condo hotel.
A 12 Jordan Road co-owner point out that his home will be completely hidden by The West Vue, which will partly sit on the terrain of the demolished 11 Jordan Road house.
In preparation of construction of the high-rise condo hotel, barracks have been built on a concrete foundation, just 52 inches from the 12 Jordan Road premises.
On the left, the 12 Jordan Road homes, with on the right barracks which will reportedly be used for housing migrant workers.
The construction site, with on the left the location of the former 11 Jordan Road house, in the centre the former Summit Resort parking lot, and on the right newly built barracks.
In Beacon Hill homeowners are also experiencing the burden of commercial development in a residential-only area. On Monday, February 10, the developers of the Villa Sasha high-rise blocked the road and residents’ driveways with a large truck and crane, effectively disrupting all traffic.
The properties for both high-rise developments are located on the lagoon side of Cupecoy. While the Aqua Resort towers are rising near the Blue Mall, along the waterfront of Simpson Bay Lagoon with a marina planned in front, The West Vue is designed as a tower adjacent to the Caribbean International Academy (CIA), at a stone’s throw from Fat Tony’s eatery.
Aqua Resort is a project by Frank Teboul’s FT Development, known for the twin 20-storey “Fourteen” residential towers at Mullet Bay, The Hills residences and commercial complex in Simpson Bay and numerous other real estate projects on the Dutch side of the island.
The West Vue is set to arise on the parking lot of the former Summit Resort, which was acquired by NLGY Development Company Ltd., a company owned by former Sint Maarten Bankers Association (SMBA) representative Gary Yee-Fong and business partner Nkomo Lake, who has a background as financial officer at the Ministry of Education, Culture, Youth and Sport. Construction management for The West Vue was assigned to Carl Critchlow of Taliesin NV construction company.
The West Vue development is claiming to be “redefining the skyline”. Described on its website as “an architectural masterpiece nestled in the picturesque Dutch Caribbean paradise of St. Maarten”, this 15-storey high-end condo hotel combines “exquisite design, eco-friendly features, and breathtaking views of the lagoon and Mullet Bay, with glorious sunsets casting a warm glow over the neighbouring island of Anguilla.”
The relatively small plot adjacent to the CIA is set to be transformed into a condo hotel featuring a restaurant, lounge and whisky bar, offices, a fitness centre, a spa and yoga centre, a pool area with beach amenities, and a Kids’ Club, in addition to 121 condos. The West Vue Residences were designed to include 56 one-bedroom apartments, 47 two-bedroom apartments, six three-bedroom apartments, six duplex condos, three penthouses, and three “penthouse grand” units.
“The architectural marvel of The West Vue Residences incorporates two main elevator cores, ensuring stability,” the website explains, adding, “The building’s volume evokes the grandeur of a mega yacht or a towering mountain range, with dynamic floors gracefully rotating around the elevator cores.”
A building permit was issued on February 9, 2024, signed by former Minister of Public Housing, Spatial Planning, Environment, and Infrastructure VROMI, Egbert Doran (National Alliance), and published in the “National Gazette” on March 1, 2024, as being a permit for “residential” development. This permit was issued for 11 Jordan Road, the address of a hurricane-damaged house adjacent to the parking lot of the former Summit Resort, which dwelling was demolished to make room for The West Vue. However, the house stood on two lots, which are known at the Kadaster as 123/1971 and 034/1973, whereas the building permit issued by former Minister Doran was for lot number 013/1968. This lot had no buildings on it, only trees and bushes.
Based on the reinstatement of Article 28a of the National Ordinance on Spatial Development Planning LROP, on April 26, 2021, the developer was required to obtain a Civil Works permit before demolishing the building and excavating its foundation. However, no permit for demolition or excavation is listed for 11 Jordan Road or for Certificate of Admeasurement 123/1971 and 034/1973 in the 2021, 2022, 2023, or 2024 editions of the “National Gazette” on the government of Sint Maarten’s website.
On Wednesday, February 12, “The Daily Herald” called project owner Yee-Fong, who requested to receive questions in writing and said he would provide proof of the government’s authorisation of the project. He confirmed his communication with the newspaper in a WhatsApp message, stating: “As mentioned, we look forward to receiving any questions you may have in writing so as to avoid any misunderstanding or misinterpretation in our revert.”
At 4:35pm on Wednesday, this newspaper emailed Yee-Fong and Lake with key questions about the development. It asked whether a building permit had been granted for the large barracks that
have been built on a concrete foundation, when a permit was requested, approved, and by whom. The email also enquired if the permit allowed the facilities that are not part of the architectural rendering for The West Vue, to be built just feet (52 inches) from homeowners’ residences.
Further questions addressed the purpose and occupancy of the buildings, safety measures for 12 Jordan Road homeowners, and whether the company obtained a Civil Works permit for demolition, excavation, and septic tank installation near the school yard. Lastly, this newspaper asked what immediate steps would be taken to restore vehicle access to affected residents, following an injunction against the developers.
The next day, Thursday, at 5:43pm, Yee-Fong replied via WhatsApp, stating that he had received this newspaper’s email at 1:07pm that day. “Considering your request to respond by this very afternoon, which has already passed, please let us know if a response is still required.” This newspaper replied, asking how much more time was needed and indicating that its publication on The West Vue could be postponed until Monday, February 17.
Yee-Fong did not respond. Instead, at 6:54pm on Thursday, this newspaper received a message from Mr. Lake, stating: “After discussion with our legal counsel, and the manner by which this situation was thrown and presented even after a court verdict which we were successful against those individuals and a signed verdict before a judge. As a result, we have declined to provide any response concerning this matter.”
The court verdict referenced by Mr. Lake does not exist. Instead, there is a Proces-Verbaal (PV) from an injunction filed by SXM Ocean View and several homeowners against NLGY Ltd., registered under case number SXM202401458/KG 131/2024. The court hearing took place on January 24, 2025, with attorney Vivian Choennie of Fox & Associates representing the plaintiffs and lawyer Richard Gibson Jr. of Gibson & Associates defending NLGY Ltd.
The PV documents the conditions of a mutual agreement reached before the hearing concluded, following the Court’s advice. The Court determined that a full trial would take too long to resolve the urgent issue of residents being unable to access their cars due to ongoing excavation work and the blockage of their former access route.
“On June 6, 2024, we received an email from Mr. Gary Yee-Fong stating that construction would commence the following day, with instructions for us to remove our vehicles from our usual parking spaces on the lot in front of our property,” the plaintiffs explained to this newspaper. “It is important to note that the sole vehicular access to our property has always been through the Summit parking lot, and these parking spaces have existed since our building’s construction in 1976. Despite the short notice and being off-island at the time of this email, we complied with the request by arranging for a friend to relocate our vehicles to a space alongside our building.”
The majority of the homeowners are American and Canadian and use their condos as second homes up to six months a year. “Upon our return to the island in October 2024, we discovered that not only had we lost vehicular access to our property, but our vehicles were also trapped due to excavation work, with no alternative exit provided.”
The homeowners reached out to the developers. “They asserted that their only legal obligation was to provide pedestrian access,” the residents said. “To clarify, the pedestrian access that currently exists is not easily traversable, as it is simply excavated land without gravel or drainage and is frequently covered in mud after heavy rainfall. It is also important to note that most
residents are senior citizens, and one resident—a young mother—struggles to pass through with her child and baby stroller.”
The PV issued by the Court outlines that NLGY had to allow the homeowners access to their cars by removing a fence and a roof, and giving them the opportunity to drive out. The document further stated that the plaintiffs may use their rights of way until October 2025 via the temporary road [for pedestrians – Ed.]. By October 2025, the temporary road must be relocated by NLGY to restore vehicle access along the original right-of-way.
If servicing of the residences’ septic tanks becomes unfeasible via the current road, both parties will seek a solution. Plaintiffs agreed not to park in front of the NLGY billboard. Both sides agreed to negotiate a broader resolution, including parking rights, as a best-effort obligation. Each party would cover its own legal costs, and the case would be struck from the docket.
The removal of their access route was a pressing concern, but it was nothing compared to the homeowners’ sense of disillusionment. When they returned to 12 Jordan Road in October 2024, they were horrified to find their once lush oasis completely destroyed. What remained looked like a scene from the movie Avatar—a barren landscape, with every tree on the property gone.
On June 8, 2024, a St. Maarten resident posted a video online showing Flamboyant trees being bulldozed, calling on the Ministry of VROMI and stating that the last bit of green in Cupecoy was taken away: “It is almost noon, and it is still going on! Do something, please! Because I am sure there is no permit for this!”
“It was paradise,” the homeowners say of their former front yard, which they described as a lush green garden filled with flowering trees. “We had several bird feeders, but we haven’t seen any birds since.”
Summit Resort, which opened in 1973, was devastated by Hurricane Irma in September 2017. Several of the resort’s buildings were completely flattened by the storm’s powerful winds, and the owner deemed reconstruction financially unfeasible, as insurance covered only part of the damage.
The residents of 12 Jordan Road, most of whom had owned their units before the hurricane, repaired the damage to their building after jointly clearing the area of debris and replanting along the concrete pathway they had created leading to the parking lot.
At the beginning of 2022, the residents were notified that the Hurricane-damaged house at 11 Jordan Road had been sold. A few months later, they were informed that NLGY Ltd. had purchased the parking lot with plans to build a commercial development, which would involve demolishing the house. Yee-Fong then hinted at the residents of 12 Jordan Road that he was considering demolishing their building as well to create the space needed for the planned condo hotel development.
In an email dated May 18, 2022, he wrote: “It is our understanding that you all are the owners of the units located to the upper left of the subject property. Based on the staking of the boundaries, the ingress/egress conditions, and the parking, which currently utilises parts of our site, our team is seeking a mutual offering by acquiring your existing site.”
In exchange, the developer offered each owner “a newly built modern condo unit measuring 60m²” in the yet-to-be-authorised high-rise. The 12 Jordan Road owners responded: “Thank you for the offer, but we are not interested.”
To date, homeowners are faced with project owners who have been unwilling to fulfil their best-efforts obligation as outlined in the PV issued by the Court. The judge encouraged both parties to negotiate a resolution, warning that pursuing a legal petition over parking rights could be a lengthy and costly process.
Representatives were designated from both sides—Stephen Sherwood for the co-owners and Carl Critchlow as construction manager for NLGY Ltd.. However, when Mr. Sherwood contacted Mr. Yee-Fong to request Mr. Critchlow’s contact information, he was informed that all negotiations must go through NLGY’s attorney, Mr. Gibson Jr.
This newspaper was also referred to the company’s legal counsel.
